BOARD OF EDUCATION RULES AND REGULATIONS
Rules and regulations for all employees recognized by Article II of the Benton Harbor Service Employees Association Collective Bargaining Agreement of Custodians, Maintenance, Transportation, Food Services, School Security Officers, and Hall Monitors.

*Section 1: For the violation of any of the following rules, an employee shall be discharged:

1. Gross neglect of duty or refusal to comply with Employer’s instructions unless such instructions are injurious to employee’s safety or health.
2. Insubordination.
3. Immoral or indecent conduct.
4. Intentional falsification of personnel records or other Employer records including knowingly marking the timecard of another, having one’s timecard marked by another or unauthorized altering of a timecard.
5. Theft or intentional destruction of Employer’s or another employee’s property or removal of school property from Employer’s premises without authorization of the Employer.
6. Inattentiveness to the job or sleeping on the job.
7. Drinking or possessing any alcoholic beverage on Employer’s time, premises, or equipment, or reporting to work while under the influence of alcoholic beverages or drugs without a doctor’s prescription.
8. Conviction of a felony while an employee of the Employer.
9. Deliberate or careless conduct endangering the safety of himself or others on school property or premises, including the harassing of other employees or the provoking or instigating of a fight during working hours on Employer’s premises.
10. Absence from work for three (3) consecutive regularly scheduled working days without an excuse acceptable to the Employer.
11. Serious violation of a safety rule or safety practice including the use of safety equipment provided such as glasses, masks, goggles, hard hats, gloves, aprons.
12. Conviction of any moving traffic violation which causes a loss of license, or insurance while driving a school bus or other school vehicle.
13. Failure to keep the Board informed of current address and telephone number.
14. Failure to report accidents to your supervisor, both personal and vehicular, on the the appropriate forms no later than 24 hours after the occurrence unless it is impossible because of the severity of the accident.

*Section 2 : For the commission of any of the following offenses an employee shall receive a written warning notice. If an employee receives three (3) written warning notices (for the same or different offenses) within a period of twelve (12) consecutive months, such employee shall thereupon be discharged:

1. Late to work without an excuse acceptable to the Employer.
2. Carelessness which necessitates repairing or replacing Employer’s equipment or property.
3. Failing to start work at the designated time, quitting work before proper time or leaving the job during working hours without permission of Employer.
4. Smoking in unauthorized area.
5. Abusive, threatening or coercive treatment of another employee or student.
6. Failure to report for work without giving the Employer advance notice unless it was impossible to give such advance notice.
7. Absence from work for one (1) but less than three (3) consecutive days without an excuse acceptable to the Employer.
8. Creating or contributing to poor housekeeping in the school or equipment, including buses and other school vehicles.
9. Vending, soliciting or collecting contributions on the Employer’s time or premises without written authorization from the Employer.
10. Posting, removing or defacing any matter on the Employer’s bulletin board or property without authorization by the Employer.
11. Permitting any person who is not an employee or authorized student of the school to enter or ride in a school vehicle, including buses, without authorization of the Employer.
12. Employees are not allowed visitors on school owned premises without authorization of the Employer.
13. Failure to attend meetings called by the Employer without an excuse acceptable to the Employer.
14. Failure of an employee to maintain satisfactory personal cleanliness and hygiene.
15. Failure of an employee to maintain the work standards prescribed by the Board for the assigned job.
16. Failure of a Food Service employee to wear and properly maintain the required uniform which shall consist of white(or black and white) garments, either in the form of pants, shirt/blouse, dress or pant suit, a hair net and enclosed shoes which protect the feet.
17. ***Failure to comply with orders and directives given by the Building Principal.
18. ******Failure of an employee who is a member of the Maintenance, Custodial or Warehouse Departments, to properly wear and maintain the employer-provided uniform during working hours.

**Section 3 : GROUNDS FOR MISCONDUCT. The following acts or omissions by any employee of this school district individually or in concert with any other person or persons, shall constitute misconduct and shall be just cause for corrective discipline:

1. Conduct which violates any established rules and regulations, policies or directives of the Board.
2. Conduct which violates any provision of the collective bargaining agreement between the Board and the employee’s union.
3. Conduct which violates the criminal law of this state or of the United States.
4. Conduct that is prejudicial to the proper administration of the duties and obligations imposed on the school district by the laws of this state.
5. Insubordination.
6. Excessive tardiness.
7. Excessive absenteeism.

****Section 4: VEHICLE ACCIDENT POLICY. The Accident Review Board shall be formed in accordance with Article VIII, section 5 of the Collective Bargaining Agreement.

It shall be within the sole discretion of the Accident Review Board to determine whether an accident is chargeable.

A "chargeable accident" shall be defined as any accident in which the school Employee, operating a school owned vehicle, failed to take all reasonable actions to prevent such accident. In the event the accident is determined to be a chargeable one, the employee shall be subject to the discipline as set forth below:

1. Major Chargeable Accident. The Accident Review Board shall, within its sole discretion, determine whether a chargeable accident is a "major" accident. The Accident Review Board shall take into consideration in its determination of whether an accident is "major" in nature, the following criteria:

1. Accident Cause;
2. Fault;
3. Traffic Conditions;
4. Vehicle Code Violation, if any; and
5. Seriousness in terms of physical injury and the amount of property and vehicle damage.

IN THE EVENT THE ACCIDENT REVIEW BOARD DETERMINES THE CHARGEABLE ACCIDENT TO BE "MAJOR" IN NATURE, THE EMPLOYEE INVOLVED SHALL BE DISCHARGED.

2. *****Minor Chargeable Accident/Traffic Citation. In the event a school employee is involved in a chargeable accident which is determined not to be "major" in nature, or in the event a school employee receives a traffic citation while operating a district owned vehicle, the school employee shall be disciplined as follows:

1. First chargeable minor vehicle accident involving a district vehicle in a twelve (12) month period will result in an oral warning. Further, for the first traffic citation given to a school employee while operating a district owned vehicle within a twelve (12) month period shall result in a written reprimand.
2. Second chargeable minor vehicle accident involving a district vehicle in a twelve (12) month period will result in a written reprimand. Further, for the second traffic citation given to a school employee while operating a district owned vehicle within a twelve (12) month period shall result in a written reprimand and one (1) to five (5) day suspension without pay, depending on the circumstances of the accident.
3. Third chargeable minor vehicle accident involving a district vehicle in a twelve (12) month period will result in a written reprimand. Further, for the third traffic citation given to a school employee while operating a district owned vehicle within a twelve (12) month period shall result in a written reprimand.
4. Fourth chargeable minor vehicle accident involving a district vehicle in a twelve (12) month period will result in a written reprimand.

IN THE EVENT AN EMPLOYEE RECEIVES A THIRD WRITTEN REPRIMAND UNDER THE VEHICLE ACCIDENT POLICY WITH A TWELVE (12) CONSECUTIVE MONTH PERIOD, SAID EMPLOYEE SHALL BE DISCHARGED.