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Standards of Conduct Code of Ethics and Standard Practices for Texas Educators

Sexual Harassment Harassment of Students Drug Abuse Prevention

Reporting Suspected Child Abuse Fraud and Financial Impropriety Conflict of Interest

Gifts and Favors Associations and Political Activities Safety Tobacco Use

Employee Arrests and Convictions  Possession of Firearms and Weapons

Visitors in the Workplace Copyrighted Materials Computer Use and Data Management

Asbestos Management Plan Pest Control Treatment Activity Funds Management

 

STANDARDS OF CONDUCT (POLICY DH)

All employees are expected to work together in a cooperative spirit to serve the best interests of the district and to be courteous to students, one another, and the public. Employees are expected to observe the following standards of conduct:

  • Recognize and respect the rights and property of students and co-workers and maintain confidentiality in all matters relating to students and co-workers.

  • Report to work according to the assigned schedule.

  • Notify their immediate supervisor in advance or as early as possible in the event that they must be absent or late. Unauthorized absences, chronic absenteeism, tardiness, and failure to follow procedures for reporting an absence may be cause for disciplinary action.

  • Know and comply with department and district procedures and policies.

  • Observe all safety rules and regulations and report injuries or unsafe conditions to a supervisor immediately.

  • Use district time, funds, and property for authorized district business and activities only.

All district employees should perform their duties in accordance with state and federal law, district policies and procedures, and ethical standards. Violation of policies, regulations, or guidelines may result in disciplinary action, including termination. Alleged incidents of certain misconduct by educators, including having a criminal record, must be reported to SBEC not later than the seventh day the superintendent first learns of the incident.

The Code of Ethics and Standard Practices for Texas Educators, adopted by the State Board for Educator Certification, which all district employees must adhere to, is reprinted below:

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Code of Ethics and Standard Practices for Texas Educators

Statement of Purpose

The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community.

Professional Standards

1.     Professional Ethical Conduct, Practices, and Performance

Standard 1.1 The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution.

Standard 1.2 The educator shall not knowingly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.

Standard 1.3 The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

Standard 1.4 The educator shall not use institutional or professional privileges for personal or partisan advantage.

Standard 1.5 The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents, or other persons or organizations in recognition or appreciation of service.

Standard 1.6 The educator shall not falsify records, or direct or coerce others to do so.

Standard 1.7 The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws.

Standard 1.8 The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications.

2.    Ethical Conduct toward Professional Colleagues

Standard 2.1 The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.

Standard 2.2 The educator shall not harm others by knowingly making false statements about a colleague or the school system.

Standard 2.3 The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel.

Standard 2.4 The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities.

Standard 2.5 The educator shall not discriminate against or coerce a colleague on the basis of race, color, religon, national origin, age, sex, disability, or family status.

Standard 2.6 The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.

Standard 2.7 The educator shall not retaliate against any individual who has filed a complaint with the SBEC under this chapter.

3.     Ethical Conduct toward Students

Standard 3.1 The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

Standard 3.2 The educator shall not knowingly treat a student in a manner that adversely affects the student's learning, physical health, mental health, or safety.

Standard 3.3 The educator shall not deliberately or knowingly misrepresent facts regarding a student.

Standard 3.4 The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

Standard 3.5 The educator shall not engage in physical mistreatment of a student.

Standard 3.6 The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student.

Standard 3.7 The educator shall not furnish alcohol or illegal/unauthorized drugs to any student or knowingly al-low any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

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HARASSMENT (POLICIES DH, DIA)

Employees shall not engage in prohibited harassment, including sexual harassment, of other employees or students. While acting in the course of their employment, employees shall not engage in prohibited harassment of other persons, including board members, vendors, contractors, volunteers, or parents. A substantiated charge of harassment will result in disciplinary action.

Employees who believe they have been harassed are encouraged to promptly report such incidents to the campus principal, supervisor, or appropriate district official. If the campus principal or supervisor is the subject of a complaint, the employee should report the complaint directly to the superintendent.

The district’s policy that includes definitions and procedures for reporting and investigating harassment is reprinted below:

The District prohibits sexual harassment and harassment based on a person's race, color, gender, national origin, disability, religion, or age.

Employees shall not tolerate harassment of others and shall make reports as required at reporting procedures, below.

SEXUAL HARASSMENT: Sexual harassment of an employee is defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual na-ture when:

  1. Submission to the conduct is either explicitly or implicitly a condition of an employee's employment, or when sub-mission to or rejection of the conduct is the basis for an employment action affecting the employee; or

  2. The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee's work performance or creates an intimidating, threatening, hostile, or offensive work environment.

EXAMPLES: Examples of sexual harassment may include, but are not limited to, sexual advances; touching intimate body parts; coercing or forcing a sexual act on another; jokes or conversations of a sexual nature; and other sexually motivated conduct, communication, or contact.

OTHER PROHIBITED HARASSMENT: Harassment of a District employee on the basis of the employee's race, color, gender, national origin, disability, religion, or age includes physical, verbal, or nonverbal conduct related to these characteristics when the conduct is so severe, persistent, or pervasive that the conduct:

  1. Has the purpose or effect of unreasonably interfering with the employee's work performance;

  2. Creates an intimidating, threatening, hostile, or offensive work environment; or

  3. Otherwise adversely affects the employee's employment opportunities.

EXAMPLES: Examples of prohibited harassment may include, but are not limited to, offensive or derogatory language directed at another person's religious beliefs or practices, accent, skin color, or need for workplace accommodation; threatening or intimidating conduct; offensive jokes, name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other types of aggressive conduct such as theft or damage to property.

REPORTING PROCEDURES: An employee who believes that he or she has experienced prohibited harassment should immediately report the alleged acts to an appropriate person designated below.

Any District employee with supervisory authority who receives notice that another employee has or may have experienced prohibited harassment is required to immediately report the alleged acts and take whatever other steps are required by this policy.

Any other person who knows or believes that a District employee has experienced harassment should immediately report the alleged acts to the appropriate person designated by this policy.

TIMELY REPORTING: Reports of harassment shall be made as soon as possible after the alleged acts. A failure to promptly report alleged harassment may impair the District's ability to investigate and address the harassment.

A District employee may report harassment to his or her supervisor or campus principal. A person shall not be required to report harassment to the alleged harasser; nothing in this policy prevents a person from reporting harassment directly to one of the District officials below:

DISTRICT OFFICIALS

1.    For sexual harassment, the Title IX coordinator. [See DAA(LOCAL)]

2.    For all other prohibited harassment, the Superintendent.

A report against the Title IX coordinator may be made directly to the Superintendent; a report against the Superintendent may be made directly to the Board.

NOTIFICATION OF REPORT: Upon receipt of a report of harassment, a supervisor or principal shall immediately notify the appropriate District official listed above.

CONFIDENTIALITY: To the greatest extent possible, the District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investiga-tion and comply with applicable law.

INVESTIGATION OF THE REPORT: The District may request, but shall not insist upon, a written report. If a report is made orally, the District official shall reduce the report to written form.

Upon receipt or notification of a report, the District official shall determine whether the allegations, if proven, would consti-tute sexual harassment or other prohibited harassment as defined by District policy. If so, the District official shall immedi-ately authorize or undertake an investigation.

If appropriate, the District shall promptly take interim action to prevent harassment during the course of an investigation.

The investigation may be conducted by the District official or a designee, such as the campus principal, or by a third party designated by the District, such as an attorney. When appropriate, the campus principal or supervisor shall be involved in or informed of the investigation.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analy-sis of other information or documents related to the allegations.

The District's obligation to conduct an investigation is not satisfied by the fact that a criminal or regulatory investigation re-garding the same or similar allegations is pending.

CONCLUDING THE INVESTIGATION: Absent extenuating circumstances, the investigation should be completed within ten business days from the date of the report; however, the investigator shall take additional time if necessary to com-plete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the District official oversee-ing the investigation.

DISTRICT ACTION: If the results of an investigation indicate that prohibited harassment occurred, the District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the harassment.

The District may take disciplinary action based on the results of an investigation, even if the District concludes that the con-duct did not rise to the level of harassment prohibited by law or District policy.

APPEAL: A complainant who is dissatisfied with the outcome of the investigation may appeal through DGBA(LOCAL), beginning at the appropriate level.

The complainant shall be informed of his or her right to file a complaint with the Texas Workforce Commission Civil Rights Division, the Equal Employment Opportunity Commission, or the United States Department of Education Office for Civil Rights.

RETALIATION PROHIBITED: Retaliation against an employee alleged to have experienced harassment, a witness, or another person who makes a report or participates in an investigation is strictly prohibited. A person who makes a good faith report of prohibited harassment shall not suffer retaliation for making the report. A person who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation regarding prohibited harassment is subject to appropriate discipline.

RECORDS RETENTION: Retention of records shall be in accordance with DAA(LOCAL).

ACCESS TO POLICY: This policy shall be distributed annually to District employees. Copies of the policy shall be read-ily available at each campus and the District administrative offices.

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HARASSMENT OF STUDENTS (POLICIES DH, FFG, FFH)

Sexual and other harassment of students by employees are forms of discrimination and are prohibited by law. Employees who suspect a student may have experienced prohibited harassment are obligated to report their concerns to the campus principal or other appropriate district official. All allegations of prohibited harassment or abuse of a student will be reported to the student’s parents and promptly investigated. An employee who knows of or suspects child abuse must also report his or her knowledge or suspicion to the appropriate authorities, as required by law. See Reporting suspected child abuse, page 38 for additional information.

The district’s policy that includes definitions and procedures for reporting and investigating harassment of students is reprinted below:

The District prohibits sexual harassment and harassment based on a person's race, color, gender, national origin, disability, or religion.

Employees shall not tolerate harassment of students and shall make reports as required at REPORTING PROCEDURES, below.

SEXUAL HARASSMENT BY AN EMPLOYEE: Sexual harassment of a student by a District employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal con-duct; or other conduct or communication of a sexual nature when:

  1. A District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or

  2. The conduct is so severe, persistent, or pervasive that it:

  1. Affects the student's ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student's educational opportunities; or

  1. Creates an intimidating, threatening, hostile, or abusive educational environment.

Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relation-ship between a student and a District employee is always prohibited, even if consensual.

BY OTHERS: Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it:

  1. Affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;

  2. Has the purpose or effect of substantially or unreasonably interfering with the student's academic performance; or

  3. Otherwise adversely affects the student's educational opportunities.

EXAMPLES: Examples of sexual harassment of a student may include, but are not limited to, sexual advances; touch-ing intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact.

Necessary or permissible physical contact such as assisting a child by taking the child's hand, comforting a child with a hug, or other physical contact not reasonably construed as sexual in nature is not sexual harassment.

OTHER PROHIBITED HARASSMENT: Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student's race, color, gender, national origin, disability, or religion that is so severe, persistent, or pervasive that the conduct:

  1. Affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;

  2. Has the purpose or effect of substantially or unreasonably interfering with the student's academic performance; or

  3. Otherwise adversely affects the student’s educational opportunities.

EXAMPLES: Examples of prohibited harassment may include, but are not limited to, offensive or derogatory language directed at another person's religious beliefs or practices, accent, skin color, or need for accommodation; threatening or intimidating conduct; offensive jokes, name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

REPORTING PROCEDURES: Any student who believes that he or she has experienced prohibited harassment should immediately report the alleged acts to a teacher, counselor, principal, or other District employee.

Any District employee who receives notice that a student has or may have experienced prohibited harassment is required to immediately report the alleged acts to an appropriate person designated below.

Any other person who knows or believes that a student has experienced prohibited harassment should immediately report the alleged acts to the appropriate person designated below.

Reports of known or suspected child abuse or neglect shall be made as required by law. [See FFG]

TIMELY REPORTING: Reports of harassment shall be made as soon as possible after the alleged acts. A failure to promptly report alleged harassment may impair the District's ability to investigate and address the harassment.

Oral or written reports of prohibited harassment shall normally be made to the campus principal. A person shall not be required to report harassment to the alleged harasser; nothing in this policy prevents a person from reporting harassment directly to one of the District officials below:

DISTRICT OFFICIALS:

  1. For sexual harassment, the Title IX coordinator. [See FB(LOCAL)]

  2. For all other prohibited harassment, the Superintendent.

A report against the Title IX coordinator may be made directly to the Superintendent; a report against the Superintendent may be made directly to the Board.

NOTIFICATION OF REPORT: Upon receipt of a report of harassment, a principal shall immediately notify the appropri-ate District official listed above.

NOTICE TO PARENTS: The principal or District official shall promptly notify the parents of any student alleged to have experienced prohibited harassment by a District employee or another adult associated with the District. In cases of student-to-student harassment, the District shall promptly notify the parents of any student alleged to have experienced harassment when the allegations presented, if proven, would constitute sexual harassment or other prohibited harassment as defined by District policy.

CONFIDENTIALITY: To the greatest extent possible, the District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investiga-tion and comply with applicable law.

INVESTIGATION OF THE REPORT: The District may request, but shall not insist upon, a written report. If a report is made orally, the District official shall reduce the report to written form.

Upon receipt or notification of a report, the District official shall determine whether the allegations, if proven, would consti-tute sexual harassment or other prohibited harassment as defined by District policy. If so, the District official shall immedi-ately authorize or undertake an investigation.

If appropriate, the District shall promptly take interim action to prevent harassment during the course of an investigation.

The investigation may be conducted by the District official or a designee, such as the campus principal, or by a third party designated by the District, such as an attorney. When appropriate, the campus principal shall be involved in or informed of the investigation.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analy-sis of other information or documents related to the allegations.

The District's obligation to conduct an investigation is not satisfied by the fact that a criminal or regulatory investigation re-garding the same or similar allegations is pending.

CONCLUDING THE INVESTIGATION: Absent extenuating circumstances, the investigation should be completed within ten business days from the date of the report; however, the investigator shall take additional time if necessary to com-plete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the District official oversee-ing the investigation.

DISTRICT ACTION: If the results of an investigation indicate that prohibited harassment occurred, the District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the harassment.

The District may take disciplinary action based on the results of an investigation, even if the District concludes that the con-duct did not rise to the level of harassment prohibited by law or District policy.

APPEAL: A student, including a complainant, may appeal through FNG(LOCAL), beginning at the appropriate level. A complainant shall be informed of his or her right to file a complaint with the United States Department of Education Office for Civil Rights.

RETALIATION PROHIBITED: Retaliation against a student alleged to have experienced harassment, a witness, or an-other person who makes a report or participates in an investigation is strictly prohibited. A person who makes a good faith report of prohibited harassment shall not suffer retaliation for making the report. A person who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation regarding prohibited harassment is subject to appropriate discipline.

RECORDS RETENTION: Retention of records shall be in accordance with FB(LOCAL).

ACCESS TO POLICY: Information regarding this policy shall be distributed annually to District employees and included in the student handbook. Copies of the policy shall be readily available at each campus and the District's administrative of-fices.

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DRUG-ABUSE PREVENTION (POLICIES DH, DI)

Robstown ISD is committed to maintaining an alcohol- and drug-free environ¬ment and will not tolerate the use of alcohol and illegal drugs in the workplace and at school-related or school-sanctioned activities on or off school property.

Employees who use or are under the influence of alcohol or illegal drugs as defined by the Texas Controlled Substances Act during working hours may be dismissed. The district’s policy regarding employee drug use follows:

All District employees shall perform their duties in accordance with state and federal law, District policy, and ethical stan-dards. [See DH(EXHIBIT)]

All District employees shall recognize and respect the rights of students, parents, other employees, and members of the com-munity and shall work cooperatively with others to serve the best interests of the District.

Employees wishing to express concern, complaints, or criticism shall do so through appropriate channels. [See DGBA]

VIOLATIONS OF STANDARDS OF CONDUCT: Employees shall comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to their status as District employees. Violation of any policies, regulations, or guidelines may result in disciplinary action, in-cluding termination of employment. [See DCD and DF series]

SAFETY REQUIREMENTS: All employees shall adhere to District safety rules and regulations and shall report unsafe conditions or practices to the appropriate supervisor.

HARASSMENT OR ABUSE: Employees shall not engage in prohibited harassment, including sexual harassment, of:

  1. Other employees, as defined at DIA.

  2. Students, as defined at FFH. [See FFG regarding child abuse and neglect]

While acting in the course of their employment, employees shall not engage in prohibited harassment, including sexual har-assment, of other persons, including Board members, vendors, contractors, volunteers, or parents.

RELATIONSHIPS WITH STUDENTS: Employees shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [See FFH]

TOBACCO USE: Employees shall not use tobacco products on District premises, in District vehicles, or at school or school-related activities. [See also GKA]

ALCOHOL AND DRUGS: Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at school or at school-related activities during or outside of usual working hours:

  1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.

  2. Alcohol or any alcoholic beverage.

  3. Any abusable glue, aerosol paint, or any other chemical substance for inhalation.

  4. Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs.

An employee need not be legally intoxicated to be considered "under the influence" of a controlled substance.

EXCEPTIONS: An employee who manufactures, possesses, or dispenses a substance listed above as part of the em-ployee's job responsibilities, or who uses a drug authorized by a licensed physician prescribed for the employee's per-sonal use shall not be considered to have violated this policy.

NOTICE: Each employee shall be given a copy of the District's notice regarding drug-free schools. [See DI(EXHIBIT)]

A copy of this policy, a purpose of which is to eliminate drug abuse from the workplace, shall be provided to each em-ployee at the beginning of each year or upon employment.

ARRESTS AND CONVICTIONS: An employee who is arrested for any felony or any offense involving moral turpitude shall report the arrest to the principal or immediate supervisor within three calendar days of the arrest. An employee who is convicted of or receives deferred adjudication for such an offense shall also report that event to the principal or immediate supervisor within three calendar days of the event.

MORAL TURPITUDE: Moral turpitude includes but is not limited to:

  1. Dishonesty; fraud; deceit; theft; misrepresentation;

  2. Deliberate violence;

  3. Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;

  4. Felony possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any con-trolled substance defined in Chapter 481 of the Health and Safety Code;

  5. Acts constituting public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct, if any two or more acts are committed within any 12-month period; or

  6. Acts constituting abuse under the Texas Family Code.

DRESS AND GROOMING: The dress and grooming of District employees shall be clean, neat, in a manner appropriate for their assignments, and in accordance with any additional standards established by their supervisors and approved by the Superintendent.

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DRUG-FREE WORKPLACE REQUIREMENTS

The District prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illegal drugs, inhalants, and alcohol in the workplace. 41 U.S.C. 702(a)(1)(A); 28 TAC 169.2

The District shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the District's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance abuse programs, and the penalties that may be imposed upon employees for drug abuse violations. 41 U.S.C. 702(a)(1)(B); 28 TAC 169.2

Employees who violate this prohibition shall be subject to disciplinary sanctions. Such sanctions may include referral to drug and alcohol counseling or rehabilitation programs or employee assistance programs, termination from employment with the District, and referral to appropriate law enforcement officials for prosecution. [See policies at DH and DHE] 41 U.S.C. 702(a)(1)(A); 28 TAC 169.2

Compliance with these requirements and prohibitions is mandatory and is a condition of employment. As a further con-dition of employment, an employee shall notify the Superintendent of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Within ten days of receiving such notice-from the employee or any other source-the District shall notify the granting agency of the conviction. 41 U.S.C. 702(a)(1)(D), (EXHIBIT)

Within 30 calendar days of receiving notice from an employee of a conviction for any drug statute violation occurring in the workplace, the District shall either (1) take appropriate personnel action against the employee, up to and including termination of employment, or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabili-tation program approved for such purposes by a federal, state, or local health agency, law enforcement agency, or other appropriate agency. 41 U.S.C. 703

[This notice complies with notice requirements imposed by the federal Drug-Free Workplace Act (41 U.S.C. 702) and notice requirements imposed by the Texas Workers' Compensation Commission rules at 28 TAC 169.2]

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REPORTING SUSPECTED CHILD ABUSE (POLICY DG, DH, FFG, GRA)

All employees are required by state law to report any suspected child abuse or neglect to a law enforcement agency, Child Protective Services, or appropriate state agency (e.g.: state agency operating, licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion. Reports to Child Protective Services can be made to a local office or to the Texas Abuse Hotline (800-252-5400). State law specifies that an employee may not delegate to or rely on another person to make the report.

Under state law, any person reporting or assisting in the investigation of reported child abuse or neglect is immune from liability unless the report is made in bad faith or with malicious intent. In addition, the district is prohibited from retaliating against an employee who, in good faith, reports child abuse or neglect or who participates in an investigation regarding an al-legation of child abuse or neglect.

An employee’s failure to report suspected child abuse may result in prosecution for the commission of a Class B misdemeanor. In addition, a certified employee’s failure to report suspected child abuse may result in disciplinary procedures by SBEC for a violation of the Educators Code of Ethics.

Employees who suspect that a student has been or may be abused or neglected should also report their concerns to the cam-pus principal. This includes students with disabilities who are no longer minors. Employees are not required to report their concern to the principal before making a report to the appropriate agencies. In addition, employees must cooperate with child abuse and neglect investigators. Reporting the concern to the principal does not relieve the employee of the requirement to report to the appropriate state agency. Interference with a child abuse investigation by denying an interviewer’s request to interview a student at school or requiring the presence of a parent or school administrator against the desires of the duly authorized investigator is prohibited.

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FRAUD AND FINANCIAL IMPROPRIETY (POLICY DG, CAA)

All employees should act with integrity and diligence in duties involving the district’s financial resources. The district prohibits fraud and financial impropriety, as defined below. Fraud and financial impropriety includes, but is not limited to, the following:

  • Forgery or unauthorized alteration of any document or account belonging to the district

  • Forgery or unauthorized alteration of a check, bank draft, or any other financial document

  • Misappropriation of funds, securities, supplies, or other district assets, including employee time

  • Impropriety in the handling of money or reporting of district financial transactions

  • Profiteering as a result of insider knowledge of district information or activities

  • Unauthorized disclosure of confidential or proprietary information to outside parties

  • Unauthorized disclosure of investment activities engaged in or contemplated by the district

  • Accepting or seeking anything of material value from contractors, vendors, or other persons providing services or materials to the district

  • Destroying, removing, or inappropriately using records, furniture, fixtures, or equipment

  • Failing to provide financial records required by state or local entities

  • Failure to disclose conflicts of interest as required by policy

  • Any other dishonest act regarding the finances of the district

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CONFLICT OF INTEREST (POLICY BBFA, DBD)

Employees are required to disclose to their supervisor any situation that creates a potential conflict of interest with proper discharge of assigned duties and responsibilities or creates a potential conflict of interest with the best interests of the district. This includes the following:

  • A personal financial interest

  • A business interest

  • Any other obligation or relationship

An employee with a substantial interest in a business entity or interest in real property must disclose the interest to the district prior to the award of a contract or authorization of payment. This is done by filing an affidavit with superintendent, board president or designee. An employee is also considered to have substantial interest if a close family member (e.g., spouse, parent, child, or spouse’s parent or child) has a substantial interest.

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GIFTS AND FAVORS (POLICY DBD)

Employees may not accept gifts or favors that could influence, or be construed to influence, the employee’s discharge of as-signed duties. The acceptance of a gift, favor, or service by an administrator or teacher that might reasonably tend to influence the selection of textbooks may result in prosecution of a Class B misdemeanor offense. This does not include staff development, teacher training, or instructional materials, such as maps or worksheets, that convey information to students or contribute to the learning process.

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ASSOCIATIONS AND POLITICAL ACTIVITIES (POLICY DGA)

The district will not directly or indirectly discourage employees from participating in political affairs or require any employee to join any group, club, committee, organization, or association. Employees may join or refuse to join any professional association or organization.

An individual’s employment will not be affected by membership or a decision not to be a member of any employee organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

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SAFETY (POLICY CK)

The district has developed and promotes a comprehensive program to ensure the safety of its employees, students, and visi-tors. The safety program includes guidelines and procedures for responding to emergencies and activities to help reduce the frequency of accidents and injuries. To prevent or minimize injuries to employees, co-workers, and students and to protect and conserve district equipment, employees must comply with the following requirements:

  • Observe all safety rules

  • Keep work areas clean and orderly at all times

  • Immediately report all accidents to their supervisor

  • Operate only equipment or machines for which they have training and authorization

Employees with questions or concerns relating to safety programs and issues can contact the District Safety Officer.

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TOBACCO USE (POLICIES DH, GKA, FNCD)

Smoking or using tobacco products is prohibited on all district-owned property and at school-related or school-sanctioned ac-tivities, on or off campus. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities. Drivers of district owned vehicles are prohibited from smoking while inside the vehicle. Notices stating that smoking is prohibited by law and punishable by a fine are displayed in prominent places in all school buildings.

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EMPLOYEE ARRESTS AND CONVICTIONS (POLICY DH)

An employee who is arrested for any felony or any offense involving moral turpitude must report the arrest to the principal or immediate supervisor within three calendar days of the arrest. An employee who is convicted of or receives deferred adjudi-cation for such an offense must also report that event to the principal or immediate supervisor within three days of the event. Moral turpitude includes, but is not limited to, the following:

  • Dishonesty

  • Fraud

  • Deceit

  • Theft

  • Misrepresentation

  • Deliberate violence

  • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor

  • Drug- or alcohol-related offenses

  • Acts constituting abuse under the Texas Family Code

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POSSESSION OF FIREARMS AND WEAPONS (POLICIES FNCG, GKA)

Employees, visitors, and students are prohibited from bringing firearms, illegal knives, or other weapons onto school premises or any grounds or building where a school sponsored activity takes place. To ensure the safety of all persons, employees who observe or suspect a violation of the district’s weapons policy should report it to their supervisors or call law enforcement officers immediately.

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VISITORS IN THE WORKPLACE (POLICY GKC)

All visitors are expected to enter any district facility through the main entrance and sign in or report to the building’s main office. Authorized visitors will receive directions or be escorted to their destination. Employees who observe an unauthorized individual on the district premises should immediately direct him or her to the building office or contact the administrator in charge.

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COPYRIGHTED MATERIALS (POLICY EFE)

Employees are expected to comply with the provisions of copyright law relating to the unauthorized use, reproduction, distri-bution, performance, or display of copyrighted materials (i.e., printed material, videos, computer data and programs, etc.). Rented videotapes are to be used in the classroom for educational purposes only. Duplication or backups of computer pro-grams and data must be made within the provisions of the purchase agreement.

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COMPUTER USE AND DATA MANAGEMENT (POLICY CQ)

The district’s electronic communications systems, including its network access to the Internet, is primarily for administrative and instructional purposes. Limited personal use of the system is permitted if the use:

  • Imposes no tangible cost to the district

  • Does not unduly burden the district’s computer or network resources

  • Has no adverse effect on job performance or on a student’s academic performance

Electronic mail transmissions and other use of the electronic communications systems are not confidential and can be monitored at any time to ensure appropriate use.

Employees and students who are authorized to use the systems are required to abide by the provisions of the district’s communications systems policy and administrative procedures. Failure to do so can result in suspension or termination of privileges and may lead to disciplinary action. Employees with questions about computer use and data management can contact the District’s Technology Director.

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ASBESTOS MANAGEMENT PLAN (POLICY CKA)

The district is committed to providing a safe environment for employees. An accredited management planner has developed an asbestos management plan for each piece of district property. A copy of the district’s management plan is kept in the Maintenance and Operations Office and is available for inspection during normal business hours.

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PEST CONTROL TREATMENT (POLICY DI)

Notices of planned pest control treatment will be posted in a district building 48 hours before the treatment begins. Notices are generally located in the building to be treated. Pest control information sheets are available from campus principals or fa-cility managers upon request.

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ACTIVITY FUNDS MANAGEMENT

Each school shall have and maintain a student activities account to manage class funds, organization funds, and any other funds into which students have put money in the name of the school. All monies collected shall be receipted by the principal or designee and deposited to the appropriate District account at the District at the District depository(ies) on the same day if possible.

The principal of the school shall be responsible for the proper administration of each organization’s funds in accordance with state and local law, District-approved accounting practices and procedures, and TEA Bulletin 679. Student activity funds shall be included in the annual audit of the District’s fiscal accounts.

Monies collected by student organizations shall be disbursed only for purposes authorized by the organization or upon ap-proval of the sponsor. The principal or a designee shall approve all disbursements. All funds raised by student organizations must be expended for the benefit of the students.

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