RFP Staff/Rowan-Salisbury Schools Policy Code : 7301–Professional Standards of Conduct and Performance for Staff
♦ Superintendent Moody does not have to state directly that teachers and other school employees can’t make complaints or speak out. The RSSS has a policy that can result in non-renewal of a contract. The superintendent knows this. What she was quoted as saying in the city “newsletter” equates to saying, “I didn’t tell them not to talk. They already knew not to do so.”
Here is the policy line in question:
3. Direct complaints regarding the work environment to the appropriate supervisors and/or file formal grievances or complaints in an effort to promptly address concerns in a professional manner, instead of acting to undermine or diminish the authority of co-workers and supervisors (through informal comments, gossiping, or unproductive promulgation of rumors and negative miscommunications).
Here are some insights about how this language affects teachers’ thinking:
We are not sure when the phrase “and/or file formal grievances or complaints” was added, but many teachers will still interpret this statement as a directive not to speak negatively about the work environment.
The language that is particularly troublesome is “instead of acting to undermine or diminish the authority of co-workers and supervisors” and the terms “informal comments, gossiping, or unproductive promulgation of rumors and negative miscommunications.” This language seems out of place in what is otherwise a document with neutral language. It was added in 2012. Consider what these word choices communicate to the employee.
“[I]nstead of acting to undermine or diminish the authority of co-workers and supervisors” implies motivation intended to do harm. However, according to the US Constitution, US citizens may voice their opinions, opinions that may be critical of others or of organizations. Telling a public employee that doing so is to undermine or diminish authority of peers (co-workers) or supervisors (department chairs; principals) seems more manipulative than purposeful in this document. You might recall that many school staffs are constructed as teams, and this language is based on corporate structure or a more military chain-of-command. We must remember that educators’ supervisors may not wish to further a complaint. We must also remember that not every complaint may warrant a formal grievance.
“[I]nformal comments, gossiping, or unproductive promulgation of rumors and negative miscommunications” makes quite a few inappropriate suggestions about how voicing opinion can be viewed by the Board of Education. This language intimates that informal comments about the work environment are inappropriate and equates it to “gossiping” or “unproductive promulgation of rumors”. In addition, the phrase “negative miscommunications” is confusing in its own right, but is linked grammatically to the word “unproductive”. In typical conversation, miscommunication is caused when the speaker and the listener do not interpret an exchange in the same manner, but “unproductive promulgation of…negative miscommunications” has a different meaning that resides in the mind of the writer of this terminology. It certainly implies a negative intent, but at the same time suggests that it could be a mistake. This kind of vague language would likely not hold up in court. Was it reviewed by a lawyer?
The overall effect of the phraseology of this line in BOE policies is to communicate that the Board of Education wishes educators not to make negative comments about the work environment, which is a request for educators to refrain from practicing a right to free speech.
The bottom of the page enforces the severity with which the BOE views this line, stating that “the failure or unwillingness of employees to comply with the professional standards of conduct and performance listed herein may result in contract non-renewal, implementation of a Growth or Mandatory Improvement Plan, or other disciplinary action up to and including dismissal from employment. In all matters concerning an employee’s compliance with this policy, consideration shall be given to the impact on the education of a student or group of students and on the overall educational environment of the school.”
The result has been that many RSSS teachers have interpreted that they are not to express their opinions about the school system unless it is positive, since negative comments are often considered “complaints” in common speech.
Perhaps the board itself best solicit input from teachers and invite them to a forum on a subject. Perhaps the BoE might host for such a forum?
Here is the link to the source document:
Text on that page:
Policy Code: 7301 Professional Standards of Conduct and Performance for Staff
The Rowan-Salisbury Board of Education is dedicated and committed to providing all employees with opportunities and resources to further their growth as professionals. To that end, the performance of every employee is assessed and is provided with constructive feedback through a formal evaluation and review process targeted to enhance professional growth. In addition, it is the Board’s expectation that all employees, regardless of their years of experience, are capable of and must adhere to certain minimum professional standards of conduct and performance as set forth in this policy.
Therefore, all employees of the Rowan-Salisbury Board of Education shall comply with and adhere to the following professional standards of conduct and performance:
1. Adhere to the Code of Ethics for North Carolina Educators as well as ethical standards set forth in further detail in the North Carolina Educator Evaluation Process and/or the RSS Evaluation process.
2. Comply with all Board policies regarding appropriate and/or prohibited behavior with students, including electronic communications with students directly or through the internet.
3. Direct complaints regarding the work environment to the appropriate supervisors and/or file formal grievances or complaints in an effort to promptly address concerns in a professional manner, instead of acting to undermine or diminish the authority of co-workers and supervisors (through informal comments, gossiping, or unproductive promulgation of rumors and negative miscommunications).
4. Avoid unprofessional confrontations with co-workers, including but not limited to, engaging in actions or conversations which the staff knows or should know will impede a staff member’s proper performance of their daily duties or unnecessarily interfere with the regular operation of the schools.
5. Classroom teachers, administrators and instructional support staff should manage students’ classroom behavior to minimize disruption to the educational environment and refer students, when necessary, to the administration for disciplinary action.
6. Respond to all parent inquiries, complaints and/or concerns in a timely and professional manner.
7. Comply with all administrative directives in a timely and professional manner, including written directives regarding specific issues or behaviors.
8. Perform all assigned and/or accepted extracurricular and non-instructional duties in a timely and professional manner.
9. Participate in and complete any required professional development activities.
10. Participate in all required staff meetings and student academic meetings, including required meetings for students with special needs, in a professional manner.
11. Complete and transmit all required reports and other documents in a timely and professional manner.
12. Arrive at school each day at an appropriate time designated by the principal or supervisor ready and prepared to complete all assigned duties.
13. Employees will maintain professional decorum when discussing school issues with members of the community.
14. Employees will preserve and maintain confidentiality of information about students and employees pursuant to established standards and policies.
The failure or unwillingness of employees to comply with the professional standards of conduct and performance listed herein may result in contract non-renewal, implementation of a Growth or Mandatory Improvement Plan, or other disciplinary action up to and including dismissal from employment. In all matters concerning an employee’s compliance with this policy, consideration shall be given to the impact on the education of a student or group of students and on the overall educational environment of the school.
Legal Reference(s): G.S. 115C-47 (1), (4), (9), (12), (18); G.S. 115C-325(e)(3); 16 NCAC 6C.0601
Adoption Date: 5/21/12
Amended Date: 6/30/15
