PROVIDING A REFERENCE | Policy Manual | Barron Area School District

8340 - PROVIDING A REFERENCE

Pursuant to State law, an administrator responding to a reference request is presumed to be acting in good faith and is immune from all civil liability that may result from providing the reference to a prospective employer. The presumption may be rebutted upon a showing by clear and convincing evidence that the administrator knowingly provided false information or made the reference maliciously or in violation of Wisconsin’s blacklisting statute.

Administrators who choose to provide a letter of reference, when asked, for any District employee or former employee shall adhere to the following when preparing such a letter:

The request should be reduced to writing and submitted with enough lead time to allow a timely response.

The request shall include the name and title to whom the reference is to be directed, and the complete mailing address to which the letter is to be mailed.
The letter of reference shall include only statements that are truthful and factual, and substantiated by the administrator’s first-hand knowledge of the employee or former employee and/or the employee or former employee’s personnel file. When drafting the letter, the administrator should include the following:
1. A description of the position that the administrator holds as well as the position to which the employee or former employee is or was assigned in the District, and the period of time upon which the administrator’s comments are based.
2. The duties assigned to the employee or former employee, and the manner in which s/he performed those duties and responsibilities. Any and all comments pertaining to the employee or former employee’s job performance shall be based upon direct knowledge by the administrator and/or comments contained within employee or former employee’s performance evaluations.
3. If appropriate, the letter may also describe any additional duties or assignments of the employee or former employee, such as extra-curricular or co-curricular assignment, the manner in which the employee or former employee performed those duties and responsibilities, the employee's dates of employment, positions held, whether the employee worked part-time or full-time, and rate of pay. The administrator may include a statement that the employee resigned if appropriate or may state whether the employee would be considered for rehire.
In all cases, a copy of any letter of reference provided by an administrator for a District employee or former employee shall be filed in the employee or former employee’s personnel file.

An administrator who prepares a letter of reference or provides an employment reference pursuant to this policy, is prohibited from assisting a District employee, contractor or agent in obtaining a new job if s/he knows or has reasonable cause to believe that such District employee, contractor or agent engaged in sexual misconduct regarding a minor or student in violation of State or Federal law. “Assisting” does not include the routine transmission of administrative and personnel files. The only exceptions permitted are those authorized by the Every Student Succeeds Act, such as where the matter has been investigated by law enforcement and the matter was officially closed due to lack of probable cause or where the individual was acquitted or otherwise exonerated of the alleged misconduct.