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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
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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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:
-
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
-
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:
-
Has the purpose or
effect of unreasonably interfering with the employee's work performance;
-
Creates an
intimidating, threatening, hostile, or offensive work environment; or
-
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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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:
-
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
-
The conduct is so
severe, persistent, or pervasive that it:
-
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
-
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:
-
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;
-
Has the purpose or
effect of substantially or unreasonably interfering with the student's
academic performance; or
-
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:
-
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;
-
Has the purpose or
effect of substantially or unreasonably interfering with the student's
academic performance; or
-
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:
-
For sexual
harassment, the Title IX coordinator. [See FB(LOCAL)]
-
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:
-
Other employees,
as defined at DIA.
-
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:
-
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.
-
Alcohol or any
alcoholic beverage.
-
Any abusable glue,
aerosol paint, or any other chemical substance for inhalation.
-
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:
-
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;
-
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;
-
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
-
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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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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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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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:
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Forgery or
unauthorized alteration of any document or account belonging to the district
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Forgery or
unauthorized alteration of a check, bank draft, or any other financial
document
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Misappropriation
of funds, securities, supplies, or other district assets, including employee
time
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Impropriety in the
handling of money or reporting of district financial transactions
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Profiteering as a
result of insider knowledge of district information or activities
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Unauthorized
disclosure of confidential or proprietary information to outside parties
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Unauthorized
disclosure of investment activities engaged in or contemplated by the
district
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Accepting or
seeking anything of material value from contractors, vendors, or other
persons providing services or materials to the district
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Destroying,
removing, or inappropriately using records, furniture, fixtures, or
equipment
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Failing to provide
financial records required by state or local entities
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Failure to
disclose conflicts of interest as required by policy
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Any other
dishonest act regarding the finances of the district
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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:
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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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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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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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:
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Observe all safety
rules
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Keep work areas
clean and orderly at all times
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Immediately report
all accidents to their supervisor
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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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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:
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Dishonesty
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Fraud
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Deceit
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Theft
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Misrepresentation
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Deliberate
violence
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Base, vile, or
depraved acts that are intended to arouse or gratify the sexual desire of
the actor
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Drug- or
alcohol-related offenses
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Acts constituting
abuse under the Texas Family Code
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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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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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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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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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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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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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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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