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HomeMy WebLinkAboutRes 15-11 WA Approving Personnel ManualWESTLAKE ACADEMY RESOLUTION NO. 15-11 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING CURRENT MANUAL AND ADOPTING THE 2015-2016 WESTLAKE ACADEMY PERSONNEL MANUAL. WHEREAS, Westlake Academy recognizes that ongoing updates to the Academy's personnel manual are necessary to ensure best practices; and, WHEREAS, the leaders of Westlake Academy desire to promote professionalism, safety, security, and high standards of perfoiuiance in the workplace; and, WHEREAS, Westlake Academy desires is to provide employees with a personnel manual that reflects the goals and vision of the Academy's leaders; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Westlake Academy Board of Trustees does hereby amends the current manual with the proposed personnel policy additions and changes, attached as Exhibit "A", and adopts the 2015-2016 Westlake Academy Personnel Manual with the aforementioned additions. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 15-11 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10T11 DAY OF AUGUST 2015. ATTEST: Kelly Edwards, Town Secretary APPROVED. Janet Bubert School Attorney L. Stanton Lowry, Laura I,Vheat, President Tom Brymer, erintenfient Resolution WA 15-11 Page 2 of 2 Exhibit "A" Westlake Academy Personnel Manual 2015-2016 Updates Timekeeping Accurately recording time worked is the responsibility of every employee, and records should represent actual time worked on the job performing assigned duties. Federal and state law requires that Westlake Academy keep accurate records of time worked in order to calculate employee pay and benefits. Non-exempt (hourly) employees are required to record actual time worked to their supervisor on a weekly basis, using the Academy's electronic timekeeping system. It is the immediate supervisor's responsibility to accurately document and/or verify the time his or her subordinates begin and end their work period, each meal period, split shift, and departure from work for personal reasons. Supervisors will review and approve electronic timesheets before submitting for payroll processing. Timesheets must be approved and received by the Human Resources Department no later than 12:OOpm on the Tuesday preceding payday. Each timesheet must be submitted by the employee for supervisor approval, and submission constitutes an electronic signature by the employee indicating that the time recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. All Westlake Academy employees are required to record absences in the Aesop system, regardless of exemption status. Employees leaving the campus for any period of time must record their time out when leaving campus and record their time in upon returning. Local Family and Medical Leave Provisions Eligible employees can take up to 12 weeks of unpaid leave in the 12 -month period beginning on the first duty day of the school year. Use of Paid Leave. FML runs concurrently with accrued sick and personal leave, temporary disability leave, compensatory time, assault leave, and absences due to a work-related illness or injury. Westlake Academy will designate the leave as FML, if applicable, and notify the employee that accumulated leave will run concurrently. Combined Leave for Spouses. Spouses who are employed by Westlake Academy are limited to a combined total of 12 weeks of FML to care for a parent with a serious health condition; or for the birth, adoption, or foster placement of a child. Military caregiver leave for spouses is limited to a combined total of 26 weeks. Intermittent Leave. When medically necessary or in the case of a qualifying exigency, an employee may take leave intermittently or on a reduced schedule. Westlake Academy does not permit the use of intermittent or reduced -schedule leave for the care of a newborn child or for adoption or placement of a child with the employee. Resolution WA 15-11 Page 3 of 8 Contact Information. Employees that require FML or have questions should contact the Human Resources Department for details on eligibility, requirements, and limitations. Breaks for Expression of Breast Milk Westlake Academy supports the practice of expressing breast milk and makes reasonable accommodations for the needs of employees who express breast milk. A place, other than a multiple user bathroom, that is shielded from view and free from intrusion from other employees and the public where the employee can express breast milk will be provided. A reasonable amount of break time will be provided when the employee has a need to express milk. For nonexempt employees, these breaks are unpaid and are not counted as hours worked. Employees should meet with their supervisor to discuss their needs and arrange break times. Discrimination, harassment, and retaliation It is the policy of Westlake Academy to prohibit harassment, including sexual harassment, in the workplace by any person in any form. Employees shall not engage in prohibited harassment, including sexual harassment, of other employees, unpaid interns, student teachers, 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, students, or parents. A substantiated charge of harassment will result in disciplinary action. Child Sexual Abuse and Maltreatment of Children As an employee, it is important for you to be aware of warning signs that could indicate a child may have been or is being sexually abused or maltreated. Sexual abuse in the Texas Family Code is defined as any sexual conduct harmful to a child's mental, emotional, or physical welfare as well as a failure to make a reasonable effort to prevent sexual conduct with a child. Maltreatment is defined as abuse or neglect. Anyone who suspects that a child has been or may be abused or neglected has a legal responsibility under state law for reporting the suspected abuse or neglect to law enforcement or to Child Protective Services (CPS). Employees are required to follow the procedures described above in Reporting Suspected Child Abuse. Reporting Crime The Texas Whistleblower Act protects employees who make good faith reports of violations of law by the district to an appropriate law enforcement authority. The district is prohibited from suspending, terminating the employment of, or taking other adverse personnel action against, an employee who makes a report under the Act. State law also provides employees with the right to report a crime witnessed at the school to any peace officer with authority to investigate the crime. Personal Use of Electronic Media Electronic media includes all forms of social media, such as text messaging, instant messaging, electronic mail (e-mail), Web logs (blogs), wikis, electronic forums (chat rooms), video -sharing Web sites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, Twitter, Instagram, Linkedln). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web -based applications. Resolution WA 15-11 Page 4 of 8 As role models for the Academy's students, employees are responsible for their public conduct even when they are not acting as Academy employees. Employees will be held to the same professional standards in their public use of electronic media as they are for any other public conduct. If an employee's use of electronic media interferes with the employee's ability to effectively perform his or her job duties, the employee is subject to disciplinary action, up to and including termination of employment. If an employee wishes to use a social network site or similar media for personal purposes, the employee is responsible for the content on the employee's page, including content added by the employee, the employee's friends, or members of the public who can access the employee's page, and for Web links on the employee's page. The employee is also responsible for maintaining privacy settings appropriate to the content. An employee who uses electronic media for personal purposes shall observe the following: • The employee may not set up or update the employee's personal social network page(s) using the Academy's computers, network, or equipment. • The employee shall not use the Academy's logo or other copyrighted material of the Academy without express, written consent. • The employee shall limit use of personal electronic communication devices to send or receive calls, text messages, pictures, and videos to breaks, meal times, and before and after scheduled work hours, unless there is an emergency or the use is authorized by a supervisor to conduct Westlake Academy business. • An employee may not share or post, in any format, information, videos, or pictures obtained while on duty or on district business unless the employee first obtains written approval from the employee's immediate supervisor. Employees should be cognizant that they have access to information and images that, if transmitted to the public, could violate privacy concerns. • The employee continues to be subject to applicable state and federal laws, local policies, administrative regulations, and the Code of Ethics and Standard Practices for Texas Educators, even when communicating regarding personal and private matters, regardless of whether the employee is using private or public equipment, on or off campus. These restrictions include: i. Confidentiality of student records. ii. Confidentiality of health or personnel information concerning colleagues, unless disclosure serves lawful professional purposes or is required by law. iii. Confidentiality of Academy records, including educator evaluations and private e-mail addresses. iv. Copyright law v. Prohibition against harming others by knowingly making false statements about a colleague or the school system. See Use of Electronic Media with Students, below, for regulations on employee communication with students through electronic media. Use of Electronic Media with Students A certified or licensed employee, or any other employee designated in writing by the superintendent or a campus principal, may communicate through electronic media with students who are currently enrolled in the Academy. The employee must comply with the provisions outlined below. All other employees are prohibited from communicating with students who are enrolled in the Academy through electronic media. Resolution WA 15-11 Page 5 of 8 An employee is not subject to these provisions for personal, non -school related communications that occur due to an employee's social or family relationship with a student. For example, an employee may have a relationship with a niece or nephew, a student who is the child of an adult friend, a student who is a friend of the employee's child, or a member or participant in the same civic, social, recreational, or religious organization. An employee who claims an exception based on a social relationship shall provide written consent from the student's parent. The written consent shall include an acknowledgement by the parent that: • The employee has provided the parent with a copy of this protocol • The employee and the student have a social relationship outside of school; • The parent understands that the employee's communications with the student are excepted from district regulation; and • The parent is solely responsible for monitoring electronic communications between the employee and the student. The following definitions apply for the use of electronic media with students: • Electronic media includes all forms of social media, such as text messaging, instant messaging, electronic mail (e-mail), Web logs (blogs), wilds, electronic forums (chat rooms), video -sharing Web sites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, Twitter, Instagram, Linkedln). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web -based applications. • Communicate means to convey infoirnation and includes a one-way communication as well as a dialogue between two or more people. A public communication by an employee that is not targeted at students (e.g., a posting on the employee's personal social network page or a blog) is not a communication: however, the employee may be subject to Academy regulations on personal electronic communications. See Personal Use of Electronic Media, above. Unsolicited contact from a student through electronic means is not a communication. • Certified or licensed employee means a person employed in a position requiring SBEC certification or a professional license, and whose job duties may require the employee to communicate electronically with students. The term includes classroom teachers, counselors, principals, librarians, paraprofessionals, nurses, educational diagnosticians, licensed therapists, and athletic trainers. An employee who uses electronic media to communicate with students shall observe the following: • The employee may use any form of electronic media except text messaging. Only a teacher, trainer, or other employee who has an extracurricular duty may use text messaging, and then only to communicate with students who participate in the extracurricular activity over which the employee has responsibility. An employee who communicates with a student using text messaging shall comply with the following protocol: i.The employee shall include at least one of the student's parents or guardians as a recipient on each text message to the student so that the student and parent receive the same message; ii.The employee shall include his or her immediate supervisor as a recipient on each text message to the student so that the student and supervisor receive the same message; or iii.For each text message addressed to one or more students, the employee shall send a copy of the text message to the employee's Westlake Academy e-mail address. • The employee shall limit communications to matters within the scope of the employee's professional responsibilities (e.g., for classroom teachers, matters relating to class work, Resolution WA 15-11 Page 6 of 8 homework, and tests; for an employee with an extracurricular duty, matters relating to the extracurricular activity. • The employee is prohibited from knowingly communicating with students through a personal social network page; the employee must create a separate social network page ("professional page") for the purpose of communicating with students. The employee must enable administration and parents to access the employee's professional page. • The employee shall not communicate directly with any student between the hours of 5 p.m. and 7 a.m. An employee may, however, make public posts to a social network site, blog, or similar application at any time. • The employee does not have a right to privacy with respect to communications with students and parents. • The employee continues to be subject to applicable state and federal laws, local policies, administrative regulations, and the Code of Ethics and Standard Practices for Texas Educators, including: i. Compliance with the Public Information Act and the Family Educational Rights and Privacy Act (FERPA), including retention and confidentiality of student records. ii. Copyright law • Prohibitions against soliciting or engaging in sexual conduct or a romantic relationship with a student. • Upon request from administration, an employee will provide the phone number(s), social network site(s), or other information regarding the method(s) of electronic media the employee uses to communicate with one or more currently -enrolled students. • Upon written request from a parent or student, the employee shall discontinue communicating with the student through e-mail, text messaging, instant messaging, or any other form of one-to- one communication. An employee may request an exception from one or more of the limitations above by submitting a written request to his or her immediate supervisor. Tobacco Products and E -Cigarette use State law prohibits smoking, using tobacco products, or e -cigarettes on all Westlake Academy property and at school -related or school -sanctioned activities, on or off school property. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities. Drivers of Academy -owned vehicles are prohibited from smoking, using tobacco products, or e -cigarettes 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. Reports to the Texas Education Agency The dismissal of a certified employee must be reported to the Division of Investigations at TEA whenever the termination is based on evidence that the employee was involved in any of the following: • A reported criminal history • Any formof sexual/physical abuse of a minor or any other illegal conduct with a student or a minor • Soliciting or engaging in sexual conduct or a romantic relationship with a student or minor • The possession, transfer, sale, or distribution of a controlled substance • The illegal transfer, appropriation, or expenditure of school property or funds Resolution WA 15-11 Page 7 of 8 • An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit for the purpose of promotion or additional compensation • Committing a criminal offense or any part of a criminal offense on school property or at a school - sponsored event • Violating assessment instrument security procedures The superintendent is also required to notify TEA when a certified employee resigns and there is evidence that the educator engaged in the conduct listed above. The reporting requirements above are in addition to the superintendent's ongoing duty to notify TEA when a certified employee has a reported criminal history. "Reported criminal history" means any formal criminal justice system charges and dispositions including arrests, detentions, indictments, criminal information, convictions, deferred adjudications, and probations in any state or federal jurisdiction. Resolution WA 15-11 Page 8 of 8