Employment Policies & Procedures

Click on the links below to view employment policies and procedures. For easier reading, you may click the link again to make the description go away before selecting another policy to review.

Drug Free Workplace

TCAPS will seek to establish and maintain an educational setting which meets the requirements in the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act. In compliance with the Act, the Board prohibits the manufacture, possession, use, distribution, or dispensing of any controlled substance, including alcohol, by any member of the District’s professional staff at any time while on District property or while involved in any District-related activity or event. Any staff member who violates this policy shall be subject to disciplinary action in accordance with District guidelines and the terms of any collective bargaining agreements.

The Superintendent or designee shall establish whatever programs and procedures are necessary to meet the Federal certification requirements but which also comply or do not interfere with any collective bargaining agreements. The Superintendent shall establish guidelines that ensure compliance with this policy and that each staff member is given a copy of the standards regarding unlawful possession, use, or distribution of illicit drugs and alcohol by staff and informed that compliance with this requirement is mandatory. Such guidelines shall provide for appropriate disciplinary actions, if and when needed, which comply with the terms of any negotiated agreement.

P.L. 101-126

Drug-Free Workplace Act of 1988, 41 U.S.C. 701, et seq.

20 U.S.C. 3224A

Revised 3/95

Revised 5/97

Revised 3/10/14

Equal Employment Opportunity

The Board of Education does not discriminate on the basis of race, color, national origin, sex (including sexual orientation and transgender identity), disability, age, height, weight, marital or family status, religion, military status ancestry, genetic information or any other legally protected category, (collectively, “protected classes”), in its programs and activities, including employment opportunities. The following person is designated to handle inquiries regarding the non-discrimination policies of the District or to address any complaint of discrimination:

Dr. Cindy Berck, Director of Human Resources
Traverse City Area Public Schools
412 Webster Street
Traverse City, MI 49686
231.933.1716 | fax: 231.933.1721
berckci@tcaps.net

Notice of the Board’s policy on nondiscrimination in employment practices shall be posted throughout the District, published in any District statement regarding the availability of employment, and in any staff handbooks. 

Sex-Based Discrimination

Discrimination against a transgender individual because that person is transgender is discrimination based on sex and therefore a violation of Title VII. Specifically, discrimination against transgender individuals on the basis of sex stereotyping/gender-nonconformity constitutes sex discrimination. This is true irrespective of the cause of the person’s gender non-conforming behavior.

Additionally, employment actions based upon an individual’s sexual orientation are suspect and potentially illegal. Administrators are required to investigate allegations of conduct involving the discrimination or harassment of an employee or applicant based upon his/her transgender identity or sexual orientation. Any questions concerning whether alleged conduct might violate this prohibition should be promptly brought to the Director of Human Resources attention.

Military Status

For purposes of this policy/administrative guideline, “military status” refers to a person’s status in the uniformed services which includes the performance of duty, on a voluntary or involuntary basis, in a uniformed service including active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, and performance of duty or training by a member of the Michigan organized militia. It also includes the period of time for which a person is absent from employment for the purpose of an examination to determine the fitness of the person to perform any such duty as listed above.

Approved 3/13 

Right to Request Reasonable Accommodation

Pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act, as amended (ADA), the Board of Education prohibits discrimination against any employee or applicant based upon his/her disability. As such, the Board will not engage in employment practices or adopt policies that discriminate on the basis of disability, or otherwise discriminate against qualified individuals with disabilities in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, or other terms, conditions and privileges of employment. The Board further will not limit, segregate or classify applicants or employees in any way that adversely affects their opportunities or status because of disability. Additionally, the Board will not participate in any contractual or other relationships that have the effect of subjecting qualified individuals with disabilities who are applicants or employees to discrimination on the basis of disability.

“An individual with a disability” means a person who has, has a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, sitting, reaching, interacting with others, and working. Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system. An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active.

The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment or appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses which are lenses that are intended to fully correct visual acuity or to eliminate refractive error), prosthetics (including limbs and devices), hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies, use of assistive technology, reasonable accommodations or “auxiliary aids or services,” learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, or physical therapy. A qualified person with a disability means the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of the job in question.

The Board will provide a reasonable accommodation to a qualified individual who has an actual disability or who has a record of a disability, unless the accommodation would impose an undue hardship on the operation of the District’s program and/or activities. A reasonable accommodation is not required for an individual who meets the definition of disability solely on the basis of being “regarded as” having an impairment that substantially limits a major life activity. The following person is designated as the District Section 504 Compliance Officer/ADA Coordinator (“District Compliance Officer”) with respect to nondiscrimination on the basis of disability in employment:

Dr. Cindy Berck, Director, Human Resources
412 Webster Street
Traverse City, MI 49686
231-933-1716 | fax: 231-933-1721
berckci@tcaps.net

The District Compliance Officer is responsible for coordinating the District’s efforts to comply with and fulfill its Section 504 and ADA responsibilities with respect to nondiscrimination on the basis of disability in its employment practices. A copy of Section 504 and Title II of the ADA, including copies of their implementing regulations, may be obtained from the District Compliance Officer.

The District Compliance Officer will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Board’s adopted internal complaint procedure, and will attempt to resolve such complaints. The Board will provide for the prompt and equitable resolution of complaints alleging violations of Section 504/ADA.

Information

The District Compliance Officer will oversee that information is available to applicants and its employees regarding their rights and responsibilities under Section 504 and the ADA, including how to access more detailed information on the Board’s policies, administrative guidelines and practices developed to implement and comply with the requirements of Section 504/ADA.

Training/Professional Development Activities

Employees with disabilities will be provided equal opportunities to participate in Board provided training/professional development activities to improve job performance and provide opportunity for advancement. Training/professional development opportunities will not be denied because of the need for a reasonable accommodation, unless the accommodation would be an undue hardship. If the District contracts with a third party for the training/professional development, or with training/professional development facilities, e.g. hotels and conference centers, the Board will assure accessibility and other needed accommodations.

Facilities

No qualified person with a disability will, because the District’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies. For facilities constructed or altered after June 3, 1977, the District will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the District is committed to operating its programs and activities so that they are readily accessible to persons with disabilities.

Notice

Notice of the Board’s policy on nondiscrimination in employment practices and the identity of the District’s Compliance Officer for employment practices will be posted throughout the District, and published in the District’s recruitment statements or general information publications.

29 C.F.R. Part 1630

29 U.S.C. 794, Section 504 Rehabilitation Act of 1973, as amended,

34 C.F.R. Part 104 42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990, as amended

Adopted 6/12

Authorization to Work in the U.S.

Before any applicant to be offered employment can begin work, the person will be required and must be able to verify and document that he or she is authorized to work in the United States according to the requirements of federal law. Any offer of employment made to an applicant is conditioned upon the applicant’s completion of this process.

Criminal Records Check

Criminal Records Check Before the District allows any individual under contract to continuously and regularly work in the schools, a criminal history records check shall be conducted in accordance with State law.

“Under contract” shall apply to individuals, as well as owners and employees of entities, who contract directly with the District to provide food, custodial, maintenance, transportation, counseling or administrative services on more than an intermittent or sporadic basis. It shall also apply to individuals or entities providing instructional services to students or related auxiliary services to special education students.

Individuals or entities that contract to provide continuous and regular services with the schools shall submit the results of the required criminal history records check to the District for review and approval. Should it be necessary to employ a person or contract for a person to maintain continuity of the program prior to receipt of the criminal history report, the Superintendent or designee may contract on a provisional basis until the report is received. Any such provisional hire requires that:

  • the record check has been requested;
  • the applicant has signed a disclosure of all convictions and acknowledges that employment may be terminated if there are discrepancies; and
  • the hiring occurs during the school year or not more than thirty (30) days before the beginning of the school year.

Such an inquiry shall also be made for guest teachers who may be employed or contracted for by the District. For guest teachers currently working in another district, public school academy or non-public school in the State, the Superintendent or designee may use a report received from the State Police by such school to confirm that the individual has no criminal history. Absent such confirmation, a criminal history record check shall be performed.

Individuals working in multiple districts may authorize the release of a prior criminal history records check with another district in lieu of an additional check for either direct employment or working regularly and consistently under contract in the schools. Individuals who previously received a statutorily required criminal background check and who have been continuously employed by a school district, intermediate school district, public school academy or non-public school within the State, with no separation, may have their previous record check sent to the District in lieu of submitting to a new criminal background check. If this method is used, the Superintendent or designee must confirm that the record belongs to that individual and whether there have been any additional convictions by processing the individual’s name, sex and date of birth through the Internet Criminal History Access Tool (ICHAT).

“No separation,” for purposes of the preceding paragraph, means a lay off or leave of absence of less than twelve (12) months with the same employer; or the employee transfers without a break in service to another school district, intermediate school district, public school academy or non-public school within the State.

All criminal history record check reports received from the State Police or produced by the State Police and received by the District from another proper source will be maintained in the individual’s personnel record.

When the District receives a report that shows an individual has been convicted of a listed offense under state statutes or any felony, the Superintendent or designee shall take steps to verify that information using public records, in accordance with the procedures provided by the State Department of Education.

Verified convictions may result in termination of employment or rejection of an application. The District will not hire or continue to employ any individual, either directly or as a contracted employee to work regularly and continuously in the schools, who has been convicted of a “listed” offense as defined in M.C.L. 28.722. The District will not hire or continue to employ any individual, either directly or as a contracted employee to work regularly and continuously in the schools, who has been convicted of any felony unless both the Superintendent and the Board provide written approval.

The District must report as directed by and to the State Department of Education the verified information regarding conviction for any listed offense or conviction for any felony and the action taken by the District with regard to such conviction. Such report shall be filed within sixty (60) days or receipt of the original report of the conviction.

The Superintendent or designee shall establish the necessary procedures for obtaining from the Criminal Records Division of the State Police any criminal history on the applicant maintained by the State Police. In addition, the Superintendent shall request the State Police to obtain a criminal history records check from the Federal Bureau of Investigation.

Confidentiality

All information and records obtained from such criminal background inquiries and disclosures are to be considered confidential and shall not be released or disseminated to those not directly involved in evaluating the applicant’s qualifications. Records involving misdemeanor convictions for sexual or physical abuse or any felony are not subject to these restrictions. Violation of confidentiality is considered a misdemeanor punishable by a fine up to $10,000.

Any notification received from the Michigan Department of Education or Michigan State Police regarding District employees with criminal convictions shall be exempt from disclosure under the Freedom of Information Act (FOIA) for the first fifteen (15) days until the accuracy of the information can be verified. Thereafter, only information about felony convictions or misdemeanor convictions involving physical or sexual abuse may be disclosed in reference to a Freedom of Information Act request.

Criminal history reports may be released with the written authorization of the individual. Records may also be released, in accordance with statute, upon the request of a school district, intermediate school district, public school academy or non-public school when the individual is an applicant for employment at such school and there has been no separation from service, as defined in this policy and by statute.

M.C.L. 380.1230 et. seq., 380.1535, 380.1535a, 380.1809, 28.722

Adopted 12/9/13

Employment Misconduct Check

As required by law, an applicant to be offered employment shall be required to execute an authorization and release for previous employers to provide the Traverse City Area Public Schools with any information about acts of misconduct by him or her during his or her previous employment with any prior employer. Any offer of employment is conditioned upon the applicant’s completion of the employment misconduct check procedures and a review of the results.

Pre-Employment Medical Examination

An applicant to be offered employment as a school bus driver and/or custodial-maintenance employee shall be required to submit to a pre-employment medical examination to determine his or her ability to perform the essential functions of the position of employment for which he or she is being considered. Any offer of employment is conditioned upon the completion of and satisfactory results from the pre-employment medical examination.

Truthful Application

The information provided by an applicant on this application or through any written or verbal communication made by the applicant during the applicant and/or review process must be completely truthful and provided without any concealment, misrepresentation, falsehood, evasion or dishonesty of any kind. Any offer of employment is conditioned upon the applicant being completely truthful in the information provided in the application and/or interview process and the continued employment of a person with the Traverse City Area Public Schools may be terminated if any information provided by the applicant during the application and/or interview process is later found to be false, untruthful, or otherwise constitute concealment, misrepresentation, evasion or dishonesty of any kind.

Applicant's Acknowledgement & Consent

I, the undersigned applicant, acknowledge that I have carefully read all of the notices listed above on this page, and understand that consideration of my application for employment and any offer of employment made to me by the Traverse City Area Public Schools shall be subject to the conditions specified therein. I acknowledge and understand that I must cooperate fully and completely in providing all materials, information and documentation necessary to complete the application, interview and pre-employment procedures to be considered for employment. Furthermore, I hereby expressly consent to and authorize the Traverse City Area Public Schools to conduct a pre-employment investigation with respect to my application for employment and the information I have provided during the application and/or interview process related to my application for employment. I hereby expressly consent to and authorize the Traverse City Area Public Schools to contact and communicate with any persons, employers, associations, businesses, schools, institutions, organizations, agencies, courts or governmental entities to confirm and/or obtain information about me related to consideration for employment and hereby release the Traverse City Area Public Schools, including its employees and/or agents, and those contacted from any liability for seeking, obtaining and/or providing information about me related to consideration of me for employment by the Traverse City Area Public Schools. I hereby authorize any and all of my current or former employers to disclose any and all information about by performance while an employee with them, including information about any acts of misconduct by me, to the Traverse City Area Public Schools, and to make available to the school district copies of all documents in my personnel record maintained by any and all of my current or former employers related to my performance, including any acts of misconduct. I hereby release any and all of my current or former employers and any employees acting on their behalf, from any liability for providing information related to my performance, including information about any acts of misconduct by me, and waive any written notice required under Section 6 of the Bullard-Plawecki Employee Right to Know Act, MCL 423.506, with respect to any such disclosure of information by them.