5:120 Employee Ethics; Conduct; and Conflict of Interest
Professional and Appropriate Conduct
All DAOES employees are expected to maintain high standards in their school relationships, to demonstrate integrity and honesty, to be considerate and cooperative, and to maintain professional and appropriate relationships with students, parents, staff members, and others. In addition, the Code of Ethics for Illinois Educators, adopted by the Illinois State Board of Education, is incorporated by reference into this policy. Any employee who sexually harasses a student, willfully or negligently fails to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act (325 ILCS 5/), or otherwise violates an employee conduct standard will be subject to discipline up to and including dismissal.
Statement of Economic Interests
The following employees must file a “Statement of Economic Interests” as required by the Illinois Governmental Ethics Act:
- Building Principal;
- Head of any department;
- Any employee who, as the System’s agent, is responsible for negotiating one or more contracts, including collective bargaining agreement(s), in the amount of $1,000 or greater;
- Hearing officer;
- Any employee having supervisory authority for 20 or more employees; and
- Any employee in a position that requires an administrative or a chief school business official endorsement.
Ethics and Gift Ban
DAOES policy 2:105, Ethics and Gift Ban, applies to all District employees. Students shall not be used in any manner for promoting a political candidate or issue.
Prohibited Interests; Conflict of Interest; and Limitation of Authority
In accordance with Section 22-5 of the School Code, “no school officer or teacher shall be interested in the sale, proceeds, or profits of any book, apparatus, or furniture used or to be used in any school with which such officer or teacher may be connected,” except when the employee is the author or developer of instructional materials listed with the Illinois State Board of Education and adopted for use by the Board.
For the purpose of acquiring profit or personal gain, no employee shall act as an agent of DAOES nor shall an employee act as an agent of any business in any transaction with DAOES. This includes participation in the selection, award or administration of a contract supported by a federal award or State award governed by the Grant Accountability and Transparency Act (GATA) (30 ILCS 708/) when the employee has a real or apparent conflict of interest. A conflict of interest arises when an employee or any of the following individuals has a financial or other interest in the entity selected for the contract:
- Any person that has a close personal relationship with an employee that may compromise or impair the employee’s fairness and impartiality, including a member of the employee’s immediate family or household;
- An employee’s business partner; or
- An entity that employs or is about to employ the employee or one of the individuals listed in one or two above.
Employees shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to agreements or contracts. Situations in which the interest is not substantial or the gift is an unsolicited item of nominal value must comply with State law and Board policy 2:105, Ethics and Gift Ban.
Employees shall not engage in any other employment or in any private business during regular working hours or at such other times as are necessary to fulfill appropriate assigned duties.
Incorporated by reference: 5:120-E (Exhibit - Code of Ethics for Illinois Educators)
U.S. Constitution, First Amendment.
2 C.F.R. §200.318(c)(1).
5 ILCS 420/4A-101, Ill. Governmental Ethics Act.
5 ILCS 430/, State Officials and Employee Ethics Act.
30 ILCS 708/, Grant Accountability and Transparency Act.
50 ILCS 135/, Local Governmental Employees Political Rights Act.
105 ILCS 5/10-22.39 and 5/22-5.
325 ILCS 5/, Abused and Neglected Child Reporting Act.
775 ILCS 5/5A-102, Ill. Human Rights Act.
23 Ill.Admin.Code Part 22, Code of Ethics for Illinois Educators.
Pickering v. Board of Township H.S. Dist. 205, 391 U.S. 563 (1968).
Garcetti v. Ceballos, 547 U.S. 410 (2006).
CROSS REF.: 2:105 (Ethics and Gift Ban), 4:60 (Purchases and Contracts), 5:100 (Staff Development Program), 5:125 (Personal Technology and Social Media; Usage and Conduct)
Adopted: March 19, 2020