EQUAL EMPLOYMENT OPPORTUNITY POLICY

The organization provides equal employment opportunities to all employees and applicants, without regard to race, color, religion, sex, national origin, citizenship status, pregnancy, disability, age, genetic information, military status or status as a Vietnam-era or special disabled veteran, marital status, civil union or registered domestic partner status, gender (including gender identity) sexual orientation or bankruptcy in accordance with applicable federal, state and local laws. In addition, the organization complies with applicable state and local laws governing nondiscrimination in employment in every location in which the organization has facilities. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

LABOR LAW POSTERS

Remote employees may access labor law posters online using this link. Employees may also access a copy of a local labor law poster at the organization’s physical site location. The organization’s leaders, such as the senior leader and/or any on-site human resource employee, are responsible for ensuring mandatory labor law posters are displayed prominently where employees can see the posters, such as in the employee breakroom.

AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act (ADA) requires an employer to provide reasonable accommodations for qualified individuals with disabilities, including pregnancy, unless it would cause undue hardship. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to perform the essential functions of the job or, for applicants, to be considered for the job.

If you require an accommodation, you must inform the HR department that there is a need for an adjustment or change at work for a reason related to a disability. We will respond promptly and to the best of our ability to accommodate the needs of all employees.

THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) PRIVACY AND SECURITY RULES

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establishes, for the first time, a set of national standards for the protection of certain health information. The U.S. Department of Health and Human Services (“HHS”) issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Privacy Rule standards address the use and disclosure of individuals’ health information—called “protected health information” by organizations subject to the Privacy Rule — called “covered entities,” as well as standards for individuals' privacy rights to understand and control how their health information is used. Within HHS, the Office for Civil Rights (“OCR”) has responsibility for implementing and enforcing the Privacy Rule with respect to voluntary compliance activities and civil money penalties.

A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well-being. The Rule strikes a balance that permits important uses of information, while protecting the privacy of people who seek care and healing. Given that the healthcare marketplace is diverse, the Rule is designed to be flexible and comprehensive to cover the variety of uses and disclosures that need to be addressed.

To view the entire Rule, and for other additional helpful information about how it applies, see the OCR website: http://www.hhs.gov/ocr/hipaa. In the event of a conflict between this summary and the Rule, the Rule governs.

CLASSIFICATIONS OF EMPLOYMENT

For purposes of salary administration and eligibility for overtime payments and employment benefits, the organization classifies its employees as follows:

Full-time Regular Employees – Employees hired to work the organization normal, full-time, 32- hour or more workweeks on a regular basis. Such employees may be "exempt" or "non- exempt" as defined below.

Part-time Regular Employees – Employees hired to work fewer than 32 hours per week on a regular basis. Such employees may be "exempt" or "non-exempt" as defined below.

Non-exempt Employees – Employees who are required to be paid minimum wage and overtime at the federal or state prescribed wage rate, whichever is higher. SC Learns will determine the classifications of employees.

Exempt Employees – Employees who are not required to be paid minimum wage and overtime, in accordance with applicable federal wage and hour laws, for work performed beyond 40 hours in a workweek. SC Learns will determine the classifications of employees.

OVERTIME FOR NON-EXEMPT EMPLOYEES

It should be recognized that overtime and additional work other than that which is regularly scheduled might be required.

Overtime will be paid to eligible, non-exempt employees in accordance with applicable state law. The pay for regular overtime will be at the federal or state prescribed wage rate, whichever is higher. All overtime must be authorized prior to its occurrence by your immediate supervisor. 

If an employee’s timesheet is not received in time for the payroll closing, a 40-hour week (or other regular schedule, if applicable) is assumed and any overtime or time off taken will be reflected in the following pay period’s paycheck. Full-time non-exempt employees should expect to work at least 37.5 hours per week, unless otherwise scheduled and approved by the organization. Non-exempt employees must submit completed timesheets in Paycom by the end of each pay period (the 15th and the final day of each month). Employees must receive approval from their supervisor prior to working overtime. However, even if you did not receive such approval, your timecard MUST accurately record all time worked. The time record you submit is your representation to the organization of the time you worked. The organization will rely on that representation. If you believe that you are being pressured in any way to not record all time, you are to report that to HR at hr@sclearns.org.

EXEMPT EMPLOYEES REDUCTION OF SALARY

Exempt employees are paid on a salary basis and, in general, must be paid their full salary for any week in which they perform work. Their salary may be reduced only in the following circumstances:

• Employees who are absent from work must have paid time off available to cover their absence unless: (i) their manager has pre-approved their absence as an unpaid day off due to the employee having exhausted PTO: or (ii) the employee is utilizing other approved unpaid days off such as for FMLA, leave as a reasonable accommodation or Non-FMLA Medical Leave. 
• Employees may be suspended without pay for other types of workplace misconduct, but only in full-day increments. This refers to suspensions imposed pursuant to a written policy applicable to all employees regarding serious misconduct including, but not limited to, workplace harassment, violence, drug and alcohol violations, legal violations, etc. The possibility of such unpaid suspensions is hereby incorporated into all such policies.
• Employees who work less than 40 hours during their first and/or last week of employment will be paid a proportionate part of their full salary for the time actually worked.
• Employees who take leave under the Family and Medical Leave Act will not be paid for that time unless they have available paid time off under the organization’s paid time off policy. Their salary will be reduced by the hours missed, even if it is for less than a full day.

This policy is subject to applicable law. The organization will follow the state law regarding reduction of exempt employees’ salaries if the state law is more favorable to employees.

Exempt employees will be reimbursed in full to the extent required by law for any isolated, inadvertent, or improper deductions as defined by law. Concerns about any salary pay deductions from exempt employees should be promptly directed to the HR department for a resolution.

PERSONNEL FILES

The organization maintains a personnel file on each employee. You may review your personnel file upon request. If you are interested in reviewing your file, contact the HR department at hr@sclearns.org. The file may include, but not be limited to, any of the following records:

• Performance evaluations
• Teaching credentials
• Resumes
• Written performance corrections and/or improvements made by administration

No information in a personnel file will be disclosed to anyone outside the organization without the employee’s consent, except as permitted or required by law. The organization reserves the right, at its discretion, to comply with official requests for information by law enforcement, public safety, or government agencies without notice.

To ensure that your personal information is updated at all times, please log into Paycom to update any changes in your telephone number, home address, the individuals to notify in case of an emergency, etc.

EMPLOYMENT VERIFICATION

All employment verification or reference requests for current or former employees are to be sent to hr@sclearns.org. Written requests will be completed only if they are accompanied by an authorization from the current or former employee to release the information. Telephone requests will be limited to confirming information stated by the external party. 

Employees may, at their option, provide a personal reference. However, providing a reference is NOT within the scope of anyone's job responsibilities or authority on behalf of the organization. References by employees are their own personal opinions and are not a statement of representation of the organization.

MEDIA INQUIRIES

All media inquiries regarding the School, its clients, or vendors should be referred to the Chief Executive Officer.  Employees should not identify themselves in the press as “employees of the School” or use the School name in any way without first receiving approval from the Chief Executive Officer. This policy is intended to provide a cohesive and official school communication to media inquiries and prevent any miscommunication or inaccurate representation that an employee is speaking on behalf of or as representative of the School. This policy is not intended to infringe upon an employee’s rights under the National Labor Relations Act.

OPEN-DOOR POLICY

The organization maintains an open-door policy and employees are encouraged to communicate with any and/or all organization personnel as needed. Any employee may approach any of the management staff on an as-needed basis to address questions, concerns, problems, or other matters. Our expectation is that employees will use good judgment and communicate in a professional manner throughout the organization. In many cases, it would be appropriate for employees first to address questions or concerns with their direct supervisor and then follow up with higher management as needed, taking concerns up to the most senior level of management if necessary.

ORGANIZATION ASSIGNMENT 

Cyber Academy of South Carolina and Heron Virtual Academy are entities of the nonprofit entity SC Learns. SC Learns reserves the right to make all employment assignments (and reassignments if necessary) based on need. Refusal to accept an organization reassignment may be grounds for dismissal.

Reassignment and Reduction in Force

Staff are employed by South Carolina Learns, not by a specific organization within. Changes in enrollment and other factors may contribute to organization assignment decisions. Refusal to accept an organization reassignment may be grounds for dismissal.

Student and organization needs will serve as major factors in determining organization assignments. Additional factors include, but are not limited to, staff tenure with South Carolina Learns, individual qualifications, administrative needs, and staff requests. Final assignment is at the discretion of the CEO and organization needs may supersede any point system or other process outlined below.

Transfer

If a determination is made that a position seat needs to move from one organization to another, South Carolina Learns will first seek voluntary transfers. If no qualified staff volunteer for a transfer, a point system will determine the order in which staff will be asked to transfer; generally, this will be the person with the fewest points unless an override is granted as outlined later.

Certified Staff

• Service to South Carolina Learns: One point for every year of service and one additional point for every five years of service. Example: If you have worked with South Carolina Learns for seven years, you would receive 7 pts + 1 additional for passing five years = 8 pts
• Academic Preparation: Points awarded based on current certificate class.

• Overall Length of Service: One point for every five years of experience on the current certificate

Non-Certified Staff

Transfer decisions are made by South Carolina Learns administration and are primarily based on the best interests of students and the organization. Additional factors may include years of service to the organization, performance evaluation, and overall professional experience and education. The weights of these factors are at the discretion of the Chief Executive Officer and will be communicated to those affected by the transfer.

Reduction in Force

If a determination is made that a position seat will be eliminated and there are multiple incumbents in the role, South Carolina Learns will first seek voluntary resignation(s) or transfer(s) (if eligible transfer positions exist). Position elimination should consider staff across all organizations rather than a specific organization where the seat elimination exists. For example, if a CASC Science Teacher position needs to be eliminated, the process below should consider all organization Science Teachers, not just CASC teachers.

If no qualified staff volunteer for resignation or transfer, the following procedures will determine which staff are terminated or transferred.

Certified Staff

• Service to South Carolina Learns: One point for every year of service and one additional point for every five years of service. Example: If you have worked with South Carolina Learns for seven years, you would receive 7 pts + 1 additional for passing five years = 8 pts
• Academic Preparation: Points awarded based on current certificate class.

• Overall Length of Service: One point for every five years of experience on the current certificate

Non-Certified Staff

Position elimination decisions are made by South Carolina Learns administration and are primarily based on the best interests of students and the organization. Additional factors may include years of service to the organization, performance evaluation, and overall professional experience and education. The weights of these factors are at the discretion of the Chief Executive Officer and will be communicated to those affected by the elimination.

Return of Eliminated Position

If South Carolina Learns reopens the eliminated position prior to April 30th of the following year, South Carolina Learns will first offer the position to the staff whose position(s) was/were reduced. This message will be sent to the last known personal email address. The staff member will have ten (10) calendar days from the date the email is sent to respond before the position can be filled by someone else (note that the position may be posted publicly as soon as it becomes available; if the staff member expresses interest in returning, they will be given this position).

Internal Transfers

South Carolina Learns recognizes the importance of staff feeling fulfillment in roles that best suit their interests and qualifications. We have set forth guidelines for those interested in applying for an open role.

Eligibility

An employee must have held their current position for at least six months; exceptions to this may be made for hard-to-fill positions at the discretion of the CEO. The employee must also be in good standing; those who are currently under a Performance Improvement Plan (PIP) or those who have had a written corrective action issued in the past 12 months are not eligible for consideration for a position change.

Before expressing interest in an open role, the employee must inform their immediate supervisor that they are planning to apply for another role. Depending on the role, they may be required to participate in elements of the standard application process, including but not limited to completing an application online, completing a video interview prior to a virtual  or in-person interview with the hiring team.

PERFORMANCE

We are a high-performance enterprise. We select and hire based upon our value of aggressive achievement, and we expect the best from all our colleagues. There are three major areas of performance:

Accomplishment

• Achievement of goals
• Enhancing the organization

Reliability

• Keeping commitments
• Meeting deadlines

Culture Contribution

• Living the values
• Positive effect on others

To ensure that our expectations are communicated and that feedback is provided fairly and consistently, the organization relies upon both administrators and employees to understand their roles in the process and to keep the lines of communication open at all times, including formal and informal feedback throughout the year. The organization’s performance cycle is July 1st – June 30th.

Supervisors and employees are expected to discuss job performance and goals on an informal, routine basis. Timely and regular feedback is key to successful working relationships. Administrators are expected to regularly communicate how well employees are meeting expectations in their current jobs, to clarify job responsibilities, and to review progress on goals. If employees have questions or concerns about performance, they should take the initiative to ask their supervisors to discuss their concerns as they occur. We document performance annually via an employee-driven development process. This process provides employees and their supervisors with the tools to discuss, explore, and document plans for improvement and advancement.

TERMS OF EMPLOYMENT

Annual Contract Employees

This Contract may be terminated by mutual agreement of the organization and the Employee.  Additionally, during the term of this Contract, the organization may terminate this Contract for good cause as determined by the CEO, which may include the Employee’s neglect of duty, incompetency, failure to meet the accepted standards of conduct for the position, or conduct that is inconsistent with the provisions of the South Carolina Charter Schools Act or organization policies and procedures.  Additionally, the organization may terminate this Contract without cause.  In the event the organization terminates this Contract without cause, the organization shall, upon the Employee’s execution of a complete release of claims against the organization and its Board Members and employees in their official and individual capacities, pay the Employee a severance payment of one month’s pay. This Contract terminates automatically and immediately upon the death of the Employee.  The organization is not subject to the South Carolina Teacher Employment and Dismissal Act. 

The Employee acknowledges and agrees that if the Employee attempts to terminate this Contract before the end of the term specified herein or otherwise breaches this Contract, the organization may pursue legal and equitable remedies against the Employee, and the organization may also file a complaint with the South Carolina Board of Education against the Employee’s teaching certificate. 

Employment At-Will

Certain positions at the organization are “at will,” as governed by South Carolina law. Either party has the right to terminate the relationship at any time for any reason, with or without notice. The organization also retains its discretion to make all other decisions concerning employees, including such items as demotions, transfers, job responsibilities, increases or reductions in salary, bonuses, other compensation, or any other decision by management with or without cause or notice. It is further understood that the “at-will” nature of employment with The organization is one aspect of employment that cannot be changed.

Neither this policy, anything else in this manual, nor any statement (whether written or oral, express or implied) in any way changes or alter the “at-will” employment relationship for at-will employees. Either the organization or the employee has the right to terminate the relationship at any time for any or no reason, with or without notice.

Termination of At-Will Employees

An employee may be separated from employment voluntarily or involuntarily by retirement, resignation, lack of work, or termination. Whether a termination is voluntary or involuntary, supervisors must bear in mind that each termination may involve consideration of unique facts or circumstances.

When appropriate, the organization may consider a development plan, a performance improvement plan or other appropriate action prior to terminating an employee. However, the organization has the right to terminate an employee without using one or any of these methods.

The organization has the right to terminate an employee for any or no reason and specifically reserves the right to terminate an employee immediately when there is a basis for believing that the employee has engaged in conduct that the organization considers serious and unacceptable.

Resignation of At-Will Employees

Any at-will employee who voluntarily resigns is expected to provide the organization with advance written notice of no less than two weeks, as is customarily done as a business courtesy. Failure to provide such notice may result in the employee not being eligible for rehire.

Upon receipt of the written notice, the organization reserves the right to accept the resignation as well as deciding the effective date of resignation, which may be earlier than the employee’s stated date.

Exit Interviews

A member of organization administration may send an exit survey to solicit feedback on an employee’s reason for leaving and any other impressions they may have about the organization. During the exit survey, an employee can provide insights into areas for improvement for the organization and their specific position.

Return of Organization Property

Any organization property issued to an employee, such as software, computer equipment, databases, files, PDAs, cell phones, and all confidential and proprietary information must be returned at the time of your termination. The employee will be responsible for any lost or damaged items. An organization representative will contact you regarding how to return your equipment.

Rehire

A rehire is defined as someone who previously worked for the organization as a regular employee and who returns to the organization. In the event the employee leaves the organization and returns within one year of their termination date, any prior service will be restored at the time of rehire. If previous employees return to the organization after the specified one-year period, they will not receive credit for such prior service.

If a supervisor wants to rehire a former employee, he or she should contact the Human Resources Department to discuss the person’s prior work performance and whether the person is eligible for rehire. When completing the new hire paperwork, it should be clearly indicated that the employee is a rehire.

EMPLOYEE CONDUCT

All employees are expected to meet reasonable standards of work performance: Achieving committed goals; meeting deadlines; living the values; having a positive effect on others; and continuously seeking ways to enhance and improve the business.

Background Check and Storage Policy

All employees are subject to a background check upon offer acceptance that may include employment history, local/state/national criminal history, certification and education verification, and other items as needed based on position. 

The organization will obtain a name-based criminal record history check from SLED on all new employees prior to their initial employment. The organization will consider the results of all criminal record history checks on an individual basis, considering factors such as the severity of the offense, age of the individual, direct impact of the offense on children, length of time since conviction or plea, restitution, conduct or remedial actions during probation, and participation in pre-trial intervention and/or expungement. The organization will not employ an individual who has been convicted of or pled guilty to a violent crime as outlined in law. The organization will also consider information relative to felony convictions as well as information that could result in the revocation or suspension of a professional certificate “for cause” as outlined in law.

The organization will not permit individuals whose names appear in the National Sex Offender Registry or individuals who have been required to register as sex offenders pursuant to state law to work or serve in the organization in any capacity.

Background checks are stored in a file separate from employee personnel files and are only accessible by the HR Department and those who have a legitimate business need to know. Such requests will be reviewed by the HR Department.

Anti-Harassment and Discrimination Policy

It is the policy of the organization to maintain a working environment that encourages mutual respect, promotes respectful and congenial relationships between employees, and is free from all forms of unlawful discrimination, including harassment of any employee or applicant for employment by anyone, including supervisors, co-workers, vendors, or customers. Harassment in any manner or form is expressly prohibited and will not be tolerated by the organization. Accordingly, organization management is committed to vigorously enforcing this policy against discrimination, including but not limited to sexual harassment, at all levels within the organization.

All reported or suspected occurrences of discrimination (including, but not limited to, harassment) will be promptly and thoroughly investigated. Where discrimination is determined to have occurred, the organization will immediately take appropriate disciplinary action, including written warnings and possible suspension, and/or termination.

The organization will not permit or condone any acts of retaliation against anyone who files discrimination complaints or cooperates in the investigation of the same.

The term “harassment” includes, but is not limited to, unwelcome slurs; jokes; verbal, graphic, or physical conduct relating to an individual’s race, color, religion, sex, national origin, citizenship status, pregnancy, disability, age, genetic information, military status or status as a Vietnam-era or special disabled veteran, marital status, civil union or registered domestic partner status, gender (including gender identity), sexual orientation or bankruptcy in accordance with applicable federal, state and local laws.

The organization prohibits unlawful sexual harassment, as well as retaliation against persons alleging such harassment. The U.S. Equal Employment Opportunity Commission and the U.S. Department of Education’s Office of Civil Rights consider sexual harassment to be repeated and unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two forms of sexual harassment:

• Quid Pro Quo (“One Thing for Another”): This may occur where submission to such conduct is made an implicit or explicit term or condition of an individual’s employment; or where submission to or rejection of such conduct is used as the basis for decisions about employment, promotion, transfer, selection for training, performance evaluation, etc.
• Hostile Work Environment: This may occur when such conduct has the power or effect of creating an intimidating, hostile, or offensive working environment or substantially interferes with an employee’s work performance.

Sexual harassment can range from sexual humor and innuendo to physical threats and sexual assault. It may include, but is not limited to, the following behaviors:

• Inappropriate posters, photos or symbols 
• Direct or subtle pressure for sexual activity 
• Unwelcome brushes or touches
• Physical aggression, such as pinching or patting 
• Inappropriate sexual innuendo
• Sexist jokes or remarks 
• Obscene gestures or comments
• Telephone calls, emails, text messages, instant messages or blogs

The term “harassment” may also include conduct of employees, supervisors, vendors and/or customers who engage in verbally or physically harassing behavior that has the potential to humiliate or embarrass an employee of the organization.

Complaint Procedure

Any employee who feels that he or she has been or is being harassed, or discriminated against, can immediately inform the alleged harasser that the behavior is unwelcome. In many instances, the person may be unaware that their conduct is offensive and when so advised can easily and willingly correct the conduct so that it does not reoccur.

If an informal discussion with the alleged harasser is unsuccessful in remedying the problem or if such an approach is not desirable or possible, the employee should immediately report the complained-of conduct to his or her supervisor, CEO, and/or the HR Generalist. The report should include all facts available to the employee regarding the harassment.

A third party may also file a complaint of sexual harassment if the sexual conduct of others in the work environment has the purpose or effect of substantially interfering with the third party’s welfare, or work performance, thus creating a hostile environment.

Confidentiality

All reports of discrimination will be treated seriously. However, absolute confidentiality is not promised, nor can it be assured. The organization will conduct an investigation of any

complaint that will require limited disclosure of pertinent information to certain parties, including the alleged harasser.

Investigative Procedure

Once a complaint is received, the organization will begin a prompt and thorough investigation. The investigation may include interviews with all involved employees, including the alleged harasser, and any employees who are aware of facts or incidents alleged to have occurred.

In responding to claims of sexual harassment, the organization will judge each claim based on the facts particular to each case. Once the investigation is completed, a determination will be made regarding the validity of the discrimination allegations. If it is determined that harassment has occurred, prompt, remedial action will be taken. This may include some or all of the following steps:

1. Restoring any lost terms, conditions, or benefits of employment to the complaining employee.
2. Disciplining the harasser. This discipline can include written disciplinary warnings, transfer, demotion, suspension, and termination.

If the harassment is from a vendor or customer, The organization will take appropriate action to stop the complained-of conduct.

Duties of Employees and Supervisors

All employees of The organization, both management and non-management, are responsible for maintaining a workplace free of harassment. Any employee may file a harassment complaint regarding incidents experienced personally or incidents observed in the workplace. The organization strives to maintain a lawful, pleasant work environment where all employees are able to effectively perform their work without interference of any type and requests the assistance of all employees in this effort.

All organization supervisors and managers are expected to adhere to the organization’s anti- harassment policy. They are responsible for doing all they can to prevent and discourage harassment from occurring. If a complaint is raised, supervisors and managers are to act promptly and notify the Human Resources Department of the complaint so that Human Resources may proceed with an investigation. If a supervisor or manager fails to follow this policy, he or she will be subject to disciplinary action, up to and including termination.

Guidelines for Appropriate Conduct

The School strives to maintain a positive work environment where employees are treated with respect and where they respect the personal rights and property of fellow employees. All employees are expected to meet reasonable standards of work performance: Achieving committed goals; meeting deadlines; living the values; having a positive effect on others; and continuously seeking ways to enhance and improve the business.

As organization team members, employees are expected to accept certain responsibilities, follow acceptable business principles in matters of conduct, and exhibit a high degree of integrity at all times. Employee conduct reflects on the organization as a public school. Employees are, consequently, encouraged to observe the highest standards of professionalism at all times. Employees will not be discourteous or disrespectful to a customer or or any member of the public while in the course and scope of School business. This not only involves sincere respect for the rights and feelings of others, but also demands that employees refrain from any behavior that might be harmful to themselves, co-workers, or students. 

Likewise, given that we serve the public with the operation of a public school entrusted with the education of children, and therefore model behavior for our students, behavior or conduct that is harmful to the organization fulfilling that purpose or that might be viewed as rude or unprofessional by current or potential customers or by the public at large is prohibited. Neither this policy or the following  illustrative examples of inappropriate behavior and conduct are intended or designed to apply to or impede employees’ rights to engage in protected concerted activity under Section 7 of the National Labor Relations Act (“protected Section 7 activity”).

Types of behavior and conduct that the organization considers inappropriate include the following:

• Falsifying personnel or other organization records;
• Violating the organization’s anti-harassment policy;
• Excessive absenteeism or tardiness;
• Excessive, unnecessary, or unauthorized use of organization property and supplies, particularly for personal and unprotected purposes;
• Reporting to work under the influence of drugs or alcohol, and the illegal manufacture, possession, use, sale, distribution, or transportation of drugs;
• Fighting, assault, or violence
• Being insubordinate, threatening, intimidating, obscene, disrespectful or abusive through language or gestures;
• Theft of property from co-workers, customers, the organization, or the community;
• Unauthorized possession of firearms on the organization premises or while on organization business;
• Disregarding safety or security regulations;
• Unauthorized disclosure or sharing of confidential information of organization, customers, clients, students, or vendors.
• Any other serious misconduct as determined by the organization.

Should an employee’s performance, work habits, overall attitude, conduct, or demeanor become unsatisfactory based on violations either of the above or of any other organization policies, rules, or regulations, the employee will be subject to disciplinary action, up to and including immediate termination. Before or during imposition of any discipline, employees may be given an opportunity to relate their version of the incident or problem at issue and provide any explanation or justification they consider relevant.

Management reserves the right to determine the suitable course of action, up to and including termination. Nothing in this handbook prohibits, restricts or is intended to impede employees from exercising rights under the National Labor Relations Act (NLRA), including engaging in protected concerted activities for mutual aid or protection under Section 7 of the NLRA.

Progressive Discipline

We want you to be successful in your job and we will provide you with the necessary tools, support and guidance. There are times where the performance of an employee does not meet the needs of the organization. Where appropriate, a policy of progressive employee discipline will be followed by supervisors.

Progressive discipline provides managers/supervisors with a consistent and fair process for handling disciplinary issues and protects the legal rights of the employee and employer. Managers/supervisors should contact and work with the HR office when determining the level of discipline, if any, which may be required.

The following steps should be taken for progressive discipline:

Verbal Counseling - The first step in the organization’s progressive disciplinary policy is "verbal counseling." This is a verbal warning to an employee that his conduct is unacceptable, and that repeated or continued failure to conform his conduct or performance to the organization’s standards will result in more severe disciplinary action. A record of the notice of the verbal warning may be made and retained in the employee's personnel file.

Written Warning - The second step is a "written warning." This warning may be either a formal corrective action statement that will describe the unacceptable conduct or performance of the employee or, when appropriate, a performance improvement plan (PIP) that outlines the performance concerns and goals for improvement. 

Both a formal corrective action statement and PIP will…

• Detail the areas of deficiency, specific occurrences, and prior discussions on the topic.

• Provide areas in which an employee must improve their performance and/or follow specified policy.

A PIP specifically will also…

• Discuss the importance of this position within the organization and why a stronger performance is needed.

• Include a timeline for improvement to occur, and may involve frequent meetings to measure the progress along the way.

• Involve a re-evaluation at the end of the PIP period, and a determination on next steps will be discussed.

A copy of the written warning will be retained in the employee's personnel file.

Termination - The final step in the disciplinary procedure is the termination of the employee. If an employee fails to conform his conduct or performance to the standards the organization requires, the organization may, at its sole discretion, terminate the employee’s employment.

An annual contract employee that is on a performance plan during the window that new employee contracts for the following year are issued will need to successfully complete an end-of-year final performance plan evaluation before the new contract will be enforced unless an extension of the PIP was granted by the employee’s supervisor.

Exceptions - For serious offenses, such as fighting, theft, insubordination, FERPA violations, threats of violence, failure to report issues regarding Health and Safety of students, faculty, or Staff, the sale or possession of drugs or abuse of alcohol on organization property, or on organization business etc., termination may be the first and only disciplinary step taken. Any step or steps of the disciplinary process may be skipped at the discretion of the organization after investigation and analysis of the total situation, past practice, and circumstances. In general, oral warnings should, at the next infraction, be followed by a written warning, followed at the next infraction by discharge. This is especially true in those cases where the time interval between offenses is short and the employee demonstrates a poor desire to improve his/her performance.

While the organization will generally take disciplinary action in a progressive manner, it reserves the right, in its sole discretion, to decide whether and what disciplinary action will be taken in a given situation.

General Complaint Resolution Procedure

Misunderstandings or conflicts can arise in any organization. To ensure effective working relations, it is important that such matters be resolved before serious problems develop. Most incidents resolve themselves naturally; however, should a situation persist that you believe is detrimental to your effective employment with the organization, you should follow the procedure described here for bringing your complaint to management’s attention.

Step One. Discussion of the problem with your immediate supervisor is encouraged as a first step. If, however, you do not believe a discussion with your supervisor is appropriate, you may proceed directly to Step Two.

Step Two. If your problem is not resolved after discussion with your supervisor or if you feel discussion with your supervisor is inappropriate, you are encouraged to request a meeting with the HR department. In an effort to resolve the problem, the HR department will consider the facts and may conduct an investigation.

The organization does not tolerate any form of retaliation against employees availing themselves of this procedure. The procedure should not be construed, however, as preventing, limiting, or delaying the organization from taking disciplinary action against any individual, up to and including termination, in circumstances (such as those involving problems of overall performance, conduct, attitude, or demeanor) where the organization deems disciplinary action appropriate

GRIEVANCE POLICY

The organization encourages employees to act to resolve concerns that may arise in the course of employment through the grievance procedure outlined herein. Employees should review this grievance procedure thoroughly, including the timelines for exercising grievances and the officials to whom grievances must be directed. 

The organization grievance process may be used by a organization employee as follows:

• To address concerns pertaining to the aggrieved employee’s employment arrangements.
• To address an alleged violation of applicable law or regulations that directly affects the aggrieved employee. 
• To address an alleged violation of organization Board policy that directly affects the aggrieved employee.
• To address an alleged violation of the organization’s charter compliance that directly affects the aggrieved employee.
• To address alleged discrimination or harassment against the aggrieved employee.

An aggrieved employee has the right to be represented by legal counsel at the employee’s own expense.  

If an aggrieved employee fails to meet any of the timelines set forth herein, the employee’s grievance may be deemed waived by the organization’s official(s) charged with investigating and deciding the grievance. 

The organization official(s) charged with investigating and deciding grievances are entitled to extend the timelines herein for investigating and issuing decisions if necessary to conduct a thorough and complete investigation into a grievance or appeal. 

The provisions of Article 5, Charter 25, Title 59 do not apply to the employment and dismissal of teachers at the organization. 

Step One:  Informal Discussion 

Subject to the following paragraph, the aggrieved employee must first initiate an informal discussion with the other person(s) involved in the incident giving rise to the grievance within ten (10) work days of the incident or when the aggrieved employee learned of the incident for the purpose of attempting to resolve the grievance. 

If the grievance includes allegations of discrimination or harassment against the aggrieved employee, the aggrieved employee is not required to initiate an informal discussion with the person(s) allegedly discriminating against or harassing the aggrieved employee, and the aggrieved employee may proceed immediately to Step Two.  

Step Two:  Submit a Written Grievance

If the informal discussion cannot resolve the aggrieved employee’s concerns, the aggrieved employee has ten (10) work days after the informal discussion to submit a written Grievance Form to the aggrieved employee’s direct supervisor.  If the grievance includes allegations of discrimination or harassment, the aggrieved employee shall submit a written Grievance Form within ten (10) work days of the incident or when the aggrieved employee learned of the incident to the person closest up the chain of command who is a supervisor to both the aggrieved employee and the employee(s) who allegedly engaged in the discrimination or harassment, or to the Board pursuant to Step Four if such allegations are against the Chief Executive Officer. 

The aggrieved employee should include in the Grievance Form a description of the grievance, the actions already taken by the aggrieved employee to attempt to resolve the grievance, and the relief requested.  A Grievance Form that does not contain such information will be deemed incomplete and returned to the aggrieved employee to complete within the required timeline.  Submission of an incomplete Grievance Form does not extend the required timeline.  Only the issues set forth in the written Grievance Form shall be considered thereafter.

Upon receipt of a Grievance Form, the supervisor shall schedule a conference with the aggrieved employee and any other individual(s) deemed necessary by the supervisor within fifteen (15) work days after receiving the Grievance Form. The supervisor shall issue a written decision to the aggrieved employee within ten (10) work days of the conclusion of the conference(s).  

Step Three: Appeal to the Chief Executive Officer

If the aggrieved employee is not satisfied with the supervisor’s written decision, the aggrieved employee may submit a written appeal to the Chief Executive Officer within ten (10) work days of receiving the supervisor’s written decision.  The written appeal must include a copy of the original Grievance Form, a copy of the supervisor’s written decision, and a written description of why the aggrieved employee is not satisfied with the supervisor’s written decision.  An appeal that does not contain such information will be deemed incomplete and returned to the aggrieved employee to complete within the required timeline.  Submission of an incomplete appeal does not extend the required timeline.  

Upon receipt of a written appeal, the Chief Executive Officer may, in his or her discretion, schedule a conference with the aggrieved employee and any other individual(s) deemed necessary by the Chief Executive Officer within fifteen (15) work days after receiving the written appeal.  The Chief Executive Officer shall issue a written decision to the aggrieved employee within ten (10) work days of the conclusion of the conference(s), or in the event no conferences are scheduled, within fifteen (15) work days of receiving the written appeal. 

If the Chief Executive Officer issued the written decision in Step Two, the aggrieved employee shall skip Step Three and proceed to Step Four.  

Step Four: Final Appeal to the South Carolina Learns Board 

If the aggrieved employee is not satisfied with the Chief Executive Officer’s written decision, the aggrieved employee may submit a written appeal to the the organization Board within ten (10) work days of receiving the Chief Executive Officer’s written decision, which can be accomplished by submitting the written appeal to the CEO.  The written appeal must include a copy of the original written Grievance Form, a copy of the supervisor’s written decision, if any, a copy of the CEO’s written decision, if any, and the written descriptions of why the aggrieved employee was not satisfied with the supervisor’s and CEO’s written decisions, if any. An appeal that does not contain such information will be deemed incomplete and returned to the aggrieved employee to complete within the required timeline.  Submission of an incomplete appeal does not extend the required timeline. 

Within thirty (30) days of receipt of a written appeal, the CEO will schedule a hearing date with the organization Board for the appeal and provide the aggrieved employee with notice of the hearing date and the procedures for the hearing.  All hearings conducted pursuant to this Grievance Policy are considered non-adversarial.  After the hearing, the organization Board will issue a written decision within ten (10) business days, which will be final and binding. The organization Board is entitled to extend these timelines if necessary for the purpose of conducting a thorough and complete investigation.     

Adopted 6/21//2018

Legal Reference(s):

S.C. Code Ann., 1976, as amended:

Section 59-4-60(F)(13) – Charter School Grievance Procedure

ACCEPTABLE USE POLICY

I. Introduction

Each employee, student or non-student user of the organization is expected to be familiar with and follow the expectations and requirements of this administrative rule. The purpose of this rule is to ensure that individuals are aware of their responsibilities regarding the Internet and related technology and equipment.

This rule also helps ensure the safety and privacy of current and former employees and students.

1. Legal Requirements

The organization is committed to complying with applicable information security requirements and relevant information security standards and protocols. These requirements include, but are not limited to the following:

1. The Family Educational Rights and Privacy Act (FERPA)

2. Children's Internet Protection Act (CIPA)

3. Individuals with Disabilities Education Act (IDEA)

4. Children's Online Privacy Protection Act (COPPA)

5. Health Insurance Portability and Accountability Act (HIPAA)

Users of the organization's network are required to adhere to state and federal law as well as board policy. Any attempt to break those laws or policies through the use of organization networks may result in discipline or litigation against the offender(s) by the proper authority. The organization will provide any information necessary in order to fully cooperate with the appropriate authorities in the civil and/or criminal process.

2. Acceptable Use

The organization provides computer, network, e-mail, and Internet access to individuals as part of the learning environment. The use of these resources is a privilege and not a right.

While these systems have the power to deliver a vast number of resources to classrooms and enhance education, their effectiveness depends on the responsible and ethical use by every individual. Violation of this administrative rule will result in the loss of this privilege and may result in discipline or litigation in accordance with board policy and state and federal law.

Employee Acceptable Use

This section is dedicated to provide the organization employees with guidance of acceptable use of the organization's information technology resources, including but not limited to:

• The internet, intranet, e-mail, and any online access systems
• Organization assigned computing devices such as personal electronic devices, laptops and desktops and
• The organization's network and supporting systems and data transmitted by and stored on organization systems

1. Annual Responsibilities and Information Security Awareness

Staff members will review and adhere to the Acceptable Use Policy annually.

2. Prohibited Use of Organization Resources

The following uses of organization computer resources by staff members are prohibited at all times:

• Unauthorized or excessive personal use. Any personal use should not interfere with or impair an employee's job performance.
• Infringing upon the intellectual property rights of others or violating copyright laws.
• Advancing personal profit.
• Furthering political causes in violation of board policy or the State Ethics Act.
• Uploading or transferring out of the organization's direct control any software licensed to the organization or data owned by the organization without explicit written authorization. Failure to observe copyright or license agreements can result in disciplinary action from the organization or legal action by the copyright owner.
• Unauthorized use of resources (including but not limited to servers, networks, computers and printed output) to reveal confidential or sensitive information, student data, or any other information covered by existing state or federal privacy or confidentiality laws, regulations, rules, policies, procedures, or contract terms.
• Downloading software unless it is required to complete their job responsibilities and approved and implemented by the organization.
• Bypassing or attempting to bypass any of the organization's security or content filtering safeguards.
• Accessing or attempting to access resources for which an employee does not have explicit authorization by means of assigned user accounts, valid passwords, file permissions or other legitimate access and authentication methods.
• Granting another individual access to any organization accounts that have been authorized to you or using another individual's organization authorized accounts, user IDs and/or passwords. Specific exceptions are allowed for K12/organization personnel for authorized system operations and maintenance.
• Allowing another person to use an organization system under his or her login.
• Adding, modifying, repairing, removing, reconfiguring, or tampering with any device on the network infrastructure.
• Allowing non-organization persons permission to use organization assigned information systems on organization equipment taken off-site.
• Sharing the password of their unique The organization user ID or using this password to access other 3rd party websites or applications.
• The use of any "hacking tools" that can be used for "computer hacking", as defined in the South Carolina Computer Crime Act, may not be possessed on organization property, on any organization premise, or run or loaded on any organization system.
• Violating any state or federal law or regulation, board policy or administrative rule.
• Solicitation of any kind, including requests for donations, without prior approval from the CEO.

3. Sensitive Information

Organization employees who have or may have access to personally identifiable student records shall adhere to all standards included in the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), Children's Online Privacy Protection Act (COPPA), and other applicable laws and regulations, as they relate to the release of student information.

Employees may not disclose sensitive or personally identifiable information regarding students to individuals and/or parties not authorized to receive it. Authorization to disclose information of a student to individuals and/or parties must strictly adhere to regulations set forth in the FERPA.

Information contained in these records must be securely handled and stored according to organization directives, rules and policies and if necessary destroyed in accordance with state information retention standards and archival policy.

Organization staff may use only organization issued devices for work-related activities; including any activities that involve sensitive or personally identifiable information regarding students. Exceptions to this rule must be requested in writing, and approved by the CEO or COO.

4. Granting Access to Secure Locations

Staff members may only grant access to sensitive and secure areas, including but not limited to, server rooms and wire closets, after verification with the organization of the credentials and need for access of the person requesting access.

5. Limited Personal Use

The organization does not grant any ownership, privacy or an expectation of privacy in the contents of any message, including email, or other Internet activities involving the organization’s resources or equipment.

Personal use is prohibited if:

• It interferes with the use of IT resources by the organization;
• Such use burdens the organization with additional costs;
• Such use interferes with the staff member's employment duties or other obligations to the organization; or
• Such use includes any activity that is prohibited under any organization (including this rule), board policy, or state or federal law.

6. Email Maintenance

Each organization e-mail user is responsible for the content of all text, audio, or image that he or she places or sends over the Internet or organization email systems.

Employees are responsible for maintaining their email addresses. Employees should delete messages they don't need or store messages that they will need in another way besides the electronic mail system. Examples of storing emails are printing, saving to other document types or archiving messages in off-line email folders. An employee must preserve all emails and other relevant records related to an incident that is subject to litigation once that employee is made aware of the legal action.

Email messages are considered public records and may be released pursuant to the requirements of the South Carolina Freedom of Information Act.

G. Consequences

Employees who violate this administrative rule may be subject to discipline, up to and including termination. All employees are responsible for reporting breaches and possible breaches of security. Incidents should be reported to an employee's supervisor and directly to the CEO.

Suspected criminal activity must be immediately reported to law enforcement.

Organization Internet Safety and Other Terms of Use

1. General Access

In compliance with the Children's Internet Protection Act ("CIPA"), U.S.C. §254 (h), the organization uses technological devices designed to filter and block the use of any of the organization's computers with Internet access to retrieve or transmit any visual depictions that are categorized as obscene, child pornography, or "harmful to minors" as defined in the CIPA.

1. Though the organization makes reasonable efforts to filter such Internet content, the organization cannot warrant the effectiveness of its Internet filtering due to the dynamic nature of the Internet.
2. Users of an organization computer with Internet access may request that the "technology protection measures" be temporarily disabled to conduct bona fide research for another lawful purpose. These requests should be made to the organization with the knowledge of that employee's supervisor.

2. Education, Supervision, and Monitoring

It shall be the responsibility of all organization staff to make a reasonable effort to educate, supervise, and monitor appropriate usage of online computer network access to the Internet in accordance with this administrative rule, CIPA, COPPA, and the Protecting Children in the 21st Century Act.

3. Personal Safety

The following list is considered precautions taken by the organization to ensure the safety of their students, employees, and other individuals.

1. Students will not post or email personal contact information about themselves or other people unless it is in conjunction with a specific teacher-approved assignment or approved college/career communication.
2. Students will not agree to meet with someone they have met online without their parent/guardian's approval.
3. Students will promptly disclose to an administrator, teacher, or other organization employee any message they receive that is inappropriate or makes them feel uncomfortable.
4. Employees will report any concerns related to their use of technology to their immediate supervisor.

4. Expectation of Privacy

Individuals should not have an expectation of privacy in the use of the organization's email, systems, or equipment. The organization may, for a legitimate reason, perform the following:

• Obtain emails sent or received on organization email.

• Monitor an individual's use on the organization's systems.

• Confiscate and/or search organization-owned software or equipment.

Artificial Intelligence Responsible Use

South Carolina Learns recognizes the increasing influence and use of artificial intelligence (AI) in a variety of use applications. As a virtual education provider, we must exercise caution when using AI in the course of work. AI can help in some situations, but it is a technology that can sometimes give false or biased information. The same policies outlined in this handbook apply to the use of AI, including policies regarding discrimination, harassment, and other employee conduct. You as a human user are ultimately responsible for the content or product you create using AI. Common uses of AI may include, but are not limited to:

• Writing lesson plans
• Drafting emails
• Creating job descriptions
• Creating spreadsheet formulas
• Editing emails or other work
• Summarizing long written works

Prohibited Use

• Copy and pasting any content generated by any staff, students, or families (example: Do not copy and paste an email you receive into an AI generator to ask for a response.)
• Entering any educational records into AI software in violation of FERPA
• Using generative AI to alter photos or other forms of communication without disclosing that AI was used. An exception may be made if this is part of an approved classroom lesson.
• Using AI for organization work (except for general correspondence such as email) without proper citation. Examples may include presentations, lessons, etc.

Best Practices (adopted from Magic School AI)

• Check for Bias and Accuracy: AI can sometimes generate content that is biased or inaccurate. If you use AI, it is your responsibility to proofread the generated content to ensure it is free from bias and inaccurate information.
• Exercise Proper Judgment: AI is a starting point, not a substitute for completing work yourself. Think of an 80-20 approach: Use AI for the initial 80% of the work but review it and add your own knowledge and touches to the final 20%.
• Know the Limits: AI is an evolving technology and is not always able to generate up-to-date information. Again, it can serve as a starting point but you should always review the results before using them.
• Protect Privacy: Do not enter personal student information into any AI generator.