MJUSD
DIVISION 4000
ALL PERSONNEL

CIVIL AND LEGAL RIGHTS

The Governing Board believes that the personal life of an employee is not an appropriate concern of the District, except as it may directly prevent the employee from performing his/her duties or responsibilities.

An employee's religious or political activities, or the lack thereof, shall not be grounds for any discrimination or disciplinary action by the District, provided these activities do not violate Board policy, administrative regulations or local, state or federal laws.

Teachers shall have the right to refuse to submit to any evaluation or survey conducted by the District concerning personal values, attitudes and beliefs; sexual orientation; political affiliations or opinions; critical appraisals of other individuals with whom the teacher has a family relationship; or religious affiliations or beliefs. (Education Code 49091.24)

Rights in Legal Proceedings

All employees have the right, if contacted by an attorney or the representative of a law firm not employed by the District about any claim, complaint, lawsuit or other legal proceeding against the District, to:

1. speak to the attorney or representative without fear of punishment in retaliation for such communication;
2. contact their supervisor before answering questions or responding in any way;
3. refuse to speak to the attorney or representative;
4. notify the District that the attorney or representative has requested an interview;
5. consult with the employee's own attorney or an attorney employed by the District or the bargaining unit;
6. be represented at any interview either by the employee's own attorney or an attorney employed by the District.

Legal Reference:

Education Code
200-262.4 Prohibition of discrimination on the basis of sex
7050-7057 Political activities of school officers and employees
44040 Unlawful to discriminate solely because of employee's appearance before certain boards or committees
44801 Leave of absence for employees elected to the Legislature
49091.24 Teacher rights to refuse evaluation/survey of personal life

Government Code
3543.5 Interference with employee's rights prohibited
12940-12950 Discrimination prohibited; unlawful practices

United States Code, Title 42
2000d-2000d-7 Title VI, Civil Rights Act
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2000h-6 Title IX, 1972 Education Act Amendments
12101-12213 Americans with Disabilities Act

First Reading: 12/5/00

Governing Board Adoption: 1/17/01