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HomeMy WebLinkAboutRes 13-10 WA Amending the WA Personnel and adopting the 2013-2014 Personnel manual WESTLAKE ACADEMY RESOLUTION NO. 13-10 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING CURRENT MANUAL AND ADOPTING 2013-2014 THE 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 performance 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 l: 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 2013-2014 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 13-10 Page 1 of 14 it " q" Westlake Aca e y Personnel Manual 2013-2014 Proposed Updates Leaves s Westlake Academy offers employees paid and unpaid leaves of absence in times of personal need. This handbook describes the basic types of leave available and restrictions on leaves of absence. Employees who have personal needs that will require long leaves of absence (5 days or more) are required to notify the Human Resources Office as well as their campus administrator or supervisor. When the need for a long leave is foreseeable, employees must provide a 30-day advance notice. Employees who take an unpaid leave of absence may continue their insurance benefits at their own expense. Health care benefits for employees on authorized leave under the Family and Medical Leave Act will be paid by the Academy, to the same extent as when the employee is working. Otherwise, the Academy does not make benefit contributions for employees who are on unpaid leave. Sick and personal leave is earned on an annual basis. Regular full-time and part-time employees (as opposed to temporary, substitute or seasonal) earn sick and personal leave, and is available for the employee's use at the beginning of the school/contract year. If an employee leaves the Academy before the end of the work year, the cost of any unearned leave days already taken shall be deducted from the employee's final paycheck. Sick and personal leave may be used in full-day or half-day increments. However, if an employee is taking family and medical leave, leave shall be recorded in one-hour increments. Earned comp time must be used before any available paid sick or local leave. Employees must follow the Academy procedures to report or request any leave of absence and complete the appropritate form or certification. Medical Certification. Any employee who is absent more than 5 days because of a personal or family illness must submit a medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and—in the case of personal illness—the employee's fitness to return to work. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits covered employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that employees and health care providers do not provide any genetic information in any medical certification. `Genetic information,' as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests,the fact that an individual or an individual's family member sought or received genetic services, and genetic information of Resolution 13-10 Page 3 of 14 a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Continuation of health Insurance. Employees on an approved leave of absence other than family and medical leave may continue their insurance benefits at their own expense. Health insurance benefits for employees on paid leave and leave designated under the Family and Medical Leave Act will be paid by the Academy as they were prior to the leave. Otherwise, the Academy does not pay any portion of insurance premiums for employees who are on unpaid leave. Under TRS-Active Care rules, an employee is no longer eligible for insurance through the Academy after six months of unpaid leave other than FML. If an employee's unpaid leave extends for more than six months, the Academy will provide the employee with notice of COBRA rights. Family is heave (FMLA) The following text is from the federal notice, Employee Rights and Responsibilities Under the Family and Medical Leave Act. Specific information that the Academy has adopted to implement the FMLA follows this general notice. Basic Leave Entitlement. FMLA requires covered employers to provide up to 12 weeks of unpaid,job-protected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee's child after birth, or placement for adoption or foster care; To care for the employee's spouse, child, or parent, who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee's job. Military Family Leave Entitlements. An eligible employee whose spouse, son, daughter, or parent is on covered active duty or called to covered active duty status may use his or her 12- week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post- deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherise on the temporary disability retired list, for a serious injury or illness*; or(2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness*. Resolution 13-10 Page 4 of 14 *The FMLA definitions of"serious injury or illness" for current servicemembers and veterans are distinct from the FMLA definition of"serious health condition". Benefits and Protections. During FML, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FML, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FML cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Eligibility Requirements. Employees are eligible if they have worked 1,250 hours or more over the previous 12 months. Definition of Serious Health Condition.A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Substitution of Paid Leave for Unpaid Leave. Employees are required to use accrued paid leave while taking FML. In order to use paid leave for FML, employees must comply with the Academy's normal paid leave policies. Employee Responsibilities. Employees must provide 30 days advance notice of the need to take FMLwhen the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call- in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FML was previously taken or certified. Employees are required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities. Covered employers must inform employees requesting leave whether they are eligible under the FMLA. If they are eligible, the notice must specify any Resolution 13-10 Page 5 of 14 additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated FML, and the amount of leave counted against the employee's leave entitlement. If the employer detennines that the leave is not FML, the employer must notify the employee. Unlawful Acts by Employers. The FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right protected under the FMLA; discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. Enforcement. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any Federal or State law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109(29 U.S.C. §2619)requires FMLA covered employers to post the text of this notice.Regulations 29 C.F.R. §825.300(a)may require additional disclosures. For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 www.wagehour.dol.gov Texas Educators' C f Ethics (applicable to 1 employees) 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 and good moral character. 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. (19 TAC 247.1(b)) Professional Standards 1. Professional Ethical Conduct, Practices, and Performance Standard 1.1 The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the Academy, educational Resolution 13-10 Page 6of14 institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification(SBEC) and its certification process. 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 of students, 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 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. Standard 1.9 The educator shall not make threats of violence against school Academy employees, school board members, students, or parents of students. Standard 1.10 The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. Standard 1.11 The educator shall not intentionally or knowingly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. Standard 1.12 The educator shall refrain from the illegal use or distribution of controlled substances and/or abuse of prescription drugs and toxic inhalants. Standard 1.13 The educator shall not consume alcoholic beverages on school property or during school activities when students are present. 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, religion, national origin, age, gender, disability, family status, or sexual orientation. Resolution 13-10 Page 7 of 14 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 or provides information for a disciplinary investigation or proceeding 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 intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. Standard 3.3 The educator shall not intentionally, knowingly, or recklessly 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, gender, disability, national origin, religion, family status, or sexual orientation. Standard 3.5 The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. Standard 3.6 The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. Standard 3.7 The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. Standard 3.8 The educator shall maintain appropriate professional educator- student relationships and boundaries based on a reasonably prudent educator standard. Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging,blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student. Resolution 13-10 Page 8 of 14 Resolution 13-10 Page 9 of 14 Reporting Suspected use All professional employees who are licensed or certified by the State 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. Non-licensed or non- certified employees should also report respected abuse as soon as possible to the appropriate agency and the Campus Director. If the suspected abuser is the child's parent or legal guardian, reports must be submitted to Child Protective Services. Abuse is defined by SBEC and includes the following acts or omissions:Mental or emotional injury to a student or minor that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning; Causing or permitting a student or minor to be in a situation in which the student or minor sustains a mental or emotional injury that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning; Physical injury that results in substantial harm to a student or minor, or the genuine threat of substantial harm from physical injury to the student or minor, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline; or Sexual conduct harmful to a student's or minor's mental, emotional, or physical welfare. Employees are also required to make a report if they have cause to believe that an adult was a victim of abuse or neglect as a child and they determine in good faith that the disclosure of the information is necessary to protect the health and safety of another child or disabled person. Reports to Child Protective Services can be made toa local field 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 or administrator 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 Academy is prohibited from retaliating against an employee who, in good faith, reports child abuse or neglect or who participates in an investigation regarding an allegation of child abuse or neglect. An employee's failure to make the required report may result in prosecution as a Class A misdemeanor. In addition, a certified employee's failure to report may result in disciplinary procedures by SBEC for a violation of the Code of Ethics and Standard Practices for Texas Educators. Employees who suspect that a student has been or may be abused or neglected should also report their concerns to the campus 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 agency. In addition, employees must cooperate with investigators of child abuse and neglect. Reporting the concern to the principal does not relieve the employee of the requirement to report it 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. Resolution 13-10 Page 10 of 14 Personal Use of Electronic c e is Electronic media includes all forms of social media, such as text messaging, instant messaging, electronic mail (e-mail), Web logs (blogs), electronic forums (chat rooms), video-sharing Web sites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, MySpace, Twitter, LinkedIn). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web-based applications. 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 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. Confidentiality of Academy records, including educator evaluations and private e- mail addresses. iii. Copyright law iv. 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 Resolution 13-10 Page 11 of 14 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. 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. The following defmitions 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), electronic forums (chat rooms), video-sharing Web sites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, MySpace, Twitter, LinkedIn). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web-based applications. Communicate means to convey information 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. 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, 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 Resolution 13-10 Page 12 of 14 ("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 cominunications 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 any 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 use Smoking and the use of tobacco products, electronic cigarettes and other smokeless products are prohibited on all Town of Westlake/Westlake Academy-owned property and at school-related or school- sanctioned activities, on or off campus. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities.Notices stating that smoking is prohibited by law and punishable by a fine are displayed in prominent places in all school buildings. Criminal History Background Checks Employees may be subject to a review of their criminal history record information at any time during employment. National criminal history checks based on an individual's fingerprints, photo, and other identification will be conducted on certain employees and entered into the Texas Department of Public Safety(DPS) Clearinghouse. This database provides the district and SBEC with access to an employee's current national criminal history and updates to the employee's subsequent criminal history. Resolution 13-10 Page 13 of 14 Employee Arrests and Convictions An employee must notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of any felony, and any of the other offenses listed below: • Crimes involving school property or funds • Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator • Crimes that occur wholly or in part on school property or at a school-sponsored activity • Crimes involving moral turpitude Moral turpitude includes 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 • Crimes involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance • Felonies involving driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol • Acts constituting abuse or neglect under the SBEC rules If an educator is arrested or criminally charged, the superintendent is also required to report the educators' criminal history to the Division of Investigations at TEA. Resolution 13-10 Page 14 of 14 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSEL) AND APPROVED ON THIS 12TH DAY OF AUGUST 2013. ATTEST: Laud--Wheat, President Kellydwar own Secretary Tom Br y rl r, upermtendent APPROVED S TO FO M: o , L. anton L(w , o Attorney rn '. Resolution 13-10 Page 2 of 14