HomeMy WebLinkAboutRes 10-18 WA Personnel Manual Amendments Conduct, Ethics, IT, Nepotism WESTLAKE ACADEMY
RESOLUTION NO. 14-18
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
APPROVING PERSONNEL POLICIES AND THEIR INCLUSION INTO 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 persomlel
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 THE
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 approve the
proposed personnel policy additions, attached as Exhibit "A", and its inclusion into the Westlake
Academy Personnel Manual.
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.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
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PASSED AND APPROVED ON THIS 16TH DAY OF AUGUST 2010.
Y,U�, Z `
ATTEST: LauravVVheat, President
KeIlAdwai0s, Town Secretary Tom Brym , p ntendent
APPROVED AS TO FORM:
f , Town Attorney
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"Exhibit A"—Personnel Manual Additions
Nepotism (Hiring of Relatives)
The Westlake Academy Nepotism Policy will apply to all employees of the organization, unless
defined as an exception in this policy. This policy will eliminate potential nepotism-related
problems, which can be disruptive to the operation of an organization. The policy is as follows:
• No person related within the second degree of affinity or within the third degree by
consanguinity to any elected officer of the Academy, or to the Superintendent, shall be
appointed to any office,position, or clerkship, or other service of the Academy. A person
related within the third degree by consanguinity of any person employed by Westlake
Academy will not eligible for employment consideration.
• Existing or future employees may not be promoted or transferred to a position that would be
in violation with this policy.
• Employees of Westlake Academy or the Town of Westlake who choose to marry will
require the resignation of one employee within 90 days of the date of marriage.
• Employees may remain employed if the marriage of another employee creates a relationship
of the second degree of affinity or beyond, or the third degree by consanguinity or beyond.
For the purposes of this policy, a relative is defined to include:
First degree affinity—spouse, spouse's mother, father, brother, sister, son, daughter;
Second degree affinity—spouse's aunt, uncle,niece, nephew, grandmother, grandfather,
granddaughter, grandson, first cousins;
First degree of consanguinity—employee's mother, father, daughter, son;
Second degree of consanguinity employee's brother, sister, grandmother, grandfather,
granddaughter, grandson;
Third degree of consanguinity—employee's aunt, uncle,niece,nephew, great grandmother,
great grandfather, great granddaughter, great grandson.
Relationships created by the adoption of a child are considered relationships of consanguinity for
purposes of this policy.
Exemptions to this policy include independent contractors, temporary, and seasonal employees.
Any potential employee must obtain the approval of the Superintendent prior to beginning
employment.
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Standards of conduct
The attitude and behavior of all employees is seen as a direct reflection of Westlake Academy,
its programs and policies. Employees should at all times present themselves in such a manner as
to promote good will and a favorable attitude of the general public toward Westlake Academy.
All employees are expected to work together in a cooperative and professional manner to serve
the best interests of the Academy and to be courteous to students, one another, and the public.
Expectations of professional conduct for employees include, but are not limited to, the following:
• Demonstate professional conduct at all times in the workplace and in public.
• Recognize and respect the rights and property of the public, students, and co-workers and
maintain confidentiality in all matters relating to students and co-workers.
• Report to work proptly, according to the assigned schedule.
• Follow proper protocols in accordance with the Academy's policies,procedures, and
organizational stucture.
• Faithfully perform all assigned duties with high ethical standards.
• Notify immediate supervisors in advance (or as early as possible) if absent or late
• Know and comply with all Academy procedures and policies.
• Observe all safety rules and regulations and report injuries or unsafe conditions to a super-
visor immediately.
• Use Academy time, funds, and property for authorized Academy business-or activities
only.
• Discuss or share information related to Academy businessto appropriate or authorized
parties only.
Unprofessional behavior and misconduct
Unprofessional behavior and/or misconduct compromises the best interests of the Academy and
the safety of all students, staff,parents, and visitors. Violation of any provision of this policy
may result in disciplinary action, up to and including termination of employment. Examples of
misconduct include, but are not limited to, the following:
• Violation of Academy rules, regulations,policies or procedures.
• Unsatisfactory performance or conduct.
• Theft of, unauthorized removal of, or unauthorized possession or use of school property
• Falsification, unauthorized use, or unauthorized disclosure of official Academy documents,
records, or information.
• Being unruly, disruptive, threatening violence, or fighting.
• Willful disobedience of a legal directive issued by a supervisor.
• Displaying any disrespectful, insolent, or abusive acts towards another employee,parent,
volunteer, or member of the Westlake Academy Board of Trustees.
• Wasting or damaging school equipment,property, supplies, or resources.
• Unauthorized absence from the workstation or classroom.
• Use of any Westlake Academy resource for personal benefit.
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• Unlawful treatment of persons protected by federal law due to their sex, age, religion, race,
ethnic background, or disability status.
• Sexual or other form of unlawful harassment.
• Conviction of a felony or any other criminal history that is prohibited by Academy policy.
• Insubordination.
• Fraudulent timekeeping.
• Use, possession, or being under the influence of a controlled substance without proper
written medical authorization; misuse of prescribed medication, ingestion or being under
the influence of an alcoholic beverage in an Academy-owned, leased, or rented vehicle,
while operating Academy equipment, or while on call or on standby duty; ingestion of an
alcoholic beverage during working hours or on Academy property.
• Unauthorized or improper use of official authority.
• Illegal, unethical, abusive, or unsafe acts.
• Failure to use available safety equipment, including seat belts, or disregard for the safety of
others.
• Refusal to sign a form acknowledging receipt of the Westlake Academy Personnel Manual
or job description.
• Use of cell phones or other non-educational electronic devices outside of break times
without prior authorization.
• Disruptive or distracting behavior during staff meetings, workshops, or training sessions.
• Possession of contraband while at work or on Westlake Academy property, which includes
but is not limited to: drug paraphernalia, illegal or prohibited weapons, firearms,
explosives, incendiaries, stolen property, and counterfeit money
• Making false accusations or knowingly providing false information about a student's or
another employee's behavior or actions.
• Unauthorized absences, chronic absenteeism, tardiness, or failure to follow procedures for
reporting absences.
• Violation of any of the provisions of this Handbook.
All Academy employees should perform their duties in accordance with state and federal law,
Academy 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 certified educators, including having a criminal record,must be reported to SBEC
not later than the seventh day the Superintendent first learns of the incident. See Reports to the
State Board for Educator Certification,page 46 for additional information.
The Code of Ethics and Standard Practices for Texas Educators, adopted by the State Board for
Educator Certification, shall apply to all Academy employees, and is reprinted below:
"Code of Ethics and Standard Practices for Texas Educators"
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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 Academy 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.
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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, 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 allow any student to consume alcohol or illegal/unauthorized drugs in
the presence of the educator.
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Information Technology Systems Policy
This policy establishes rules governing the use of Information Technology systems. These
systems include Internet services, electronic communication systems, telephone communication
systems, email, voice mail, facsimiles, cellular phones, computer network, and computer
directories and files.
Information Technology Systems are provided by Westlake Academy for business use.
Employees should not ex ect privacy with respect to any of their activities using these systems.
Westlake Academy reserves the right to review any files, messages, or communications sent,
received or stored on its computer, telephone and electronic systems. This policy also applies to
third-party offsite services provided by the Academy for official business use.
Westlake Academy's prohibition against sexual, racial, and other forms of harassment is
extended to include the use of electronic and telecommunications systems. Offensive, harassing,
vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented
messages or images.
Privileged or confidential material, which includes, but is not limited to, attorney-client
communications, should not be exchanged haphazardly by e-mail, facsimiles, instant messaging
or other means.
Use of Information Technology must be conducted in accordance with local, state and federal
law; engaging in illegal, fraudulent, or malicious conduct is prohibited.
Violation of any provisions of this policy may result in disciplinary action, up to and including
termination.
Governance
• All Westlake Academy employees who are granted a system account to access to the
Academy's network is responsible for the proper use of the account at all times.
• A teacher may apply for a class account and in doing so will ultimately be responsible for
use of the account.
• The Academy will require that all passwords be changed as necessary. All passwords must
remain confidential and may not be shared.
• Any system user identified as a security risk or as having violated Academy any provisions
of this policy may be denied access to the Academy's network.
• All users will be required to sign a user agreement annually each August for issuance or
renewal of an account. Academy employees in violation of the user agreement or the
Academy's Technology Policy may be subject to disciplinary action, up to and including
termination of employment.
• All Academy electronic communication systems are business assets and are not private.
The Academy may access and review all Web pages and a-mails sent to and from
employees, during transmission or storage.
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System User Responsibilities
The following standards will apply to all users of Westlake Academy's Information Technology
systems:
• The individual in whose name a system account is issued will be responsible at all times
for its proper use.
• The system may not be used for illegal purposes, in support of illegal activities, or for any
other activity prohibited by Academy policy or guidelines.
• System users may not disable, or attempt to disable, a filtering device on the Academy's
Information Technology system.
• Communications may not be encrypted so as to avoid security review by system
administrators.
• System users may not use another person's system account without written permission
from Superintendent or designate, as appropriate.
• Employees should ensure that students do not distribute personal information about
themselves or others by means of the electronic communications system; this includes,
but is not limited to, personal addresses and telephone numbers.
• System users must purge and/or make hard copies of electronic mail and file such in
accordance with established retention guidelines.
• System users may not redistribute copyrighted programs or data except with the written
permission of the copyright holder or designee. Such permission must be specified in the
document or must be obtained directly from the copyright holder or designee in
accordance with applicable copyright law, Academy policy, and administrative
regulations.
• System users are prohibited from using instant messenger programs (including text
messaging on personal cell phones) to transmit Academy-related information. Any
communication(s) that would create a public record must be transmitted in a manner
which allows for proper retention of electronic records.
• System users should avoid actions that are likely to increase the risk of introducing
viruses to the system, such as opening e-mail messages from unknown senders and
loading data from unprotected computers.
• System users may not upload public domain programs to the system. System users may
not download public domain programs for their own use nor non-commercially
redistribute a public domain program. System users are responsible for determining
whether a program is in the public domain.
• System users may not send or post messages that are abusive, obscene, pornographic,
sexually oriented, threatening, harassing, damaging to another's reputation, or illegal.
• System users may not purposefully access materials that are abusive, obscene,
pornographic, sexually oriented, threatening,harassing, damaging to another's reputation,
or illegal.
• System users should be mindful that use of school-related electronic mail addresses might
cause some recipients or other readers of that mail to assume they represent the school,
whether or not that was the user's intention.
• System users may not waste Academy resources related to the electronic communications
system.
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• System users may not gain unauthorized access to resources or information.
• System users understand and agree that all documents and communications are the
property of the Academy. As such, a system user may not copy, download, disseminate,
e-mail or disclose Academy property to third parties not directly related to Academy
business without the express written authority of the Superintendent or designate.
Prohibited Activities
• Engaging in illegal, fraudulent, or malicious conduct.
• Harassing individuals.
• Transmitting or storing material that is threatening, obscene, sexually explicit or
disparaging of others based on race, national origin, sex, sexual orientation, age,
disability, religious or political beliefs.
• Communication of Westlake Academy-related business to any party through social
networking websites (such as Facebook, Myspace, Twitter, etc.).
• Obtaining unauthorized access to any computer system.
• Using another individual's account or identity without explicit authorization.
• Conducting political campaigns or other prohibited activity.
• Gambling or playing a game for money or other stakes.
• Downloading of software products from internet sites is prohibited without prior approval
of the Superintendent or designate.
Personal Computers and Electronic Equipment
A personal computer and access to Westlake Academy's internal network is provided to the
employee for the purpose of conducting Academy business and improving productivity.
All computers and electronic equipment issued to employees are property of Westlake Academy.
Employees should utilize these resources for business purposes, and very limited or incidental
personal use is acceptable. Such use must be infrequent. Personal use must not:
• Involve any illegal activity or any prohibited activity listed above.
• Interfere with the productivity of the employee or co-workers.
• Consume system resources bandwidth or storage capacity on an on-going basis.
All Academy-related files, emails, and other communications stored on any computer are
property of Westlake Academy. All files should be considered public information, and subject to
the Academy's established electronic retention schedule. Employees are prohibited from
deleting any files without the express consent of the Superintendent or designate.
Employees are required to return any Westlake Academy equipment issued to them prior to
terminating employment. Employees will be required to sign for all equipment prior to issuance.
Failure to return any equipment may result in disciplinary action, up to and including termination
of employment, and/or payroll deduction for the fair-market value of any missing, lost, or
equipment that is unaccounted for.
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Westlake Academy reserves the right to repossess any electronic equipment issued to an
employee at any time.
Internet Access and Email
The Internet is a powerful communication tool and a valuable source of information. Internet
service includes but is not limited to e-mail, file transfer protocol (FTP), web browsing and
newsgroups.
Employees should be aware that information transmitted over the internet is potentially not
secure. Internet communication systems may accommodate the use of passwords for security,
however the reliability of such for maintaining confidentiality cannot be guaranteed.
(Employees should assume that someone other than the intended recipient could read any and all
Internet communications).
Westlake Academy reserves the right to filter incoming and outgoing network communications
for the purpose of securing the network, restricting access to inappropriate content or to
determine compliance with this policy. Web page requests may also be filtered to restrict access
to questionable or inappropriate content. Requests to access content restricted by the filtering
mechanism must be approved by the Superintendent or designate.
Westlake Academy maintains an electronic mail system, commonly called e-mail, to assist in
conducting business and as a means to enhance the ability of employees to communicate. All
employees must be aware that the use of e-mail messages creates a public record and is subject
to public record regulations with respect to inspection, disclosure, scheduled retention, and
disposition.
The Academy reserves the right to retrieve and read any message composed, sent, or received
and also reserves the right to filter email for the purpose of security and to restrict inappropriate
usage.
Employees are expected to use a high-level of professional discretion when communicating by
email. Privileged, confidential, or sensitive information may not be secure when transmitted
through by email. Additionally, email should not be used to communicate information as an
alternative to a personal meeting,when appropriate.
Information from Third Parties
Employees with access to the Academy's Information Technology system should be aware that,
despite the Academy's use of technology protection measures as required by law, use of the
system may provide access to other electronic communications systems in the global electronic
network that may contain inaccurate and/or objectionable material.
Any student or employee who gains access to such material is expected to discontinue the access
as quickly as possible and to report the incident to a supervisor.
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An employee knowingly bringing prohibited materials into the school's electronic environment
will be subject to disciplinary action in accordance with Academy policies.
Disclaimers
Opinions, advice, services, and all other information expressed by system users, information
providers, service providers, or other third-party individuals in the system are those of the
providers and not Westlake Academy.
Westlake Academy will cooperate fully with local, state, or federal officials in any investigation
concerning or relating to misuse of the Academy's electronic Information Technology systems.
Dress Code
Westlake Academy is a public "service" organization; employees are in constant contact with
students, parents, guests, citizens, outside business/professional representatives, and the general
public. Employees shall act as role models by exemplifying the highest standard of professional
appearance for the educational purposes of teaching community values and proper grooming and
hygiene.
Dress and Groominu: General Guidelines:
The dress and grooming of Westlake Academy employees shall be clean, neat, in a manner
appropriate for their assignments, and in accordance with the following standards:
• Dresses, skirts, and all outer garments should be of a professional length, falling at or just
above the knee or longer. Skirts or any clothes that are too tight,too short or too
revealing are not appropriate for the workplace
• Halters, tank tops, see-through garments, or clothing with revealing/provocative
necklines,bare backs, bare midriff, or spaghetti straps shall not be permitted. In addition,
clothing with symbols, phrases, or slogans advertising tobacco, alcohol products, or any
controlled substances are unacceptable.
• If shirttails are made to be worn tucked in,they must be tucked in. If warn in, and pants
are designed to be warn with a belt, belts or suspenders shall be worn.
• No hats, caps or other head coverings shall be worn inside the building.
• Hair shall be clean, neatly trimmed and well-groomed.
• Beards and mustaches shall be allowed if they arc neatly trimmed.
• Footwear shall appropriately compliment the style and standards of dress as defined in
this policy. No flip flops or slippers are permitted.
• Clothing that reveals undergarments is prohibited.
• Hemlines for skirts and dresses should be long enough not to be distracting.
• Shorts, leggings, warm-ups, spandex or similar tight pants, exercise clothes, or any
garment that may appear to be an undergarment are unacceptable.
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• Jeans may be worn on days designated by the principal or supervisor, designated spirit
days, and teacher in-service days.
• Male instructional staff shall be expected to wear slacks and collared shirts or other
appropriate professional attire. Ties are encouraged and may be required by the
Superintendent or designate. Acceptable alternatives for shirt and tic are shirt and
pullover sweater or turtleneck sweater and sport coat.
• Office personnel are generally expected to wear business casual attire. The appropriate
dress for men is slacks or khakis, dress pullovers, or a button down shirt. Ties are
optional, but should be worn when representing the Academy at public meetings or
functions, unless otherwise notified. Acceptable alternatives for shirt and tie are shirt and
pullover sweater or turtleneck sweater and sport coat. Acceptable attire for women is
dress slacks or khakis, blouses, skirts, and pant suits.
• Jewelry shall not be worn in a visible pierced area other than the car.
Exceptions to Guidelines
The following exceptions apply to these guidelines:
• Physical Education staff may choose to wear appropriate attire, approved by the
Superintendent or designate, during the physical education instructional periods.
• Instructors in certain courses, such as art or science courses,may wear aprons, smocks, or
other protective garments during instructional periods where such garments may be
appropriate.
• Auxiliary employees in maintenance, custodial, transportation, food service, and
positions requiring uniforms are exempted from the general guidelines,but shall comply
with dress and grooming guidelines specified by their supervisors.
Exceptions to these general guidelines may be made by the Superintendent or designate, as
necessary. Employee requests for such exceptions shall be made in writing, and will be
considered on a ease-by-case basis.
This policy may be revised by the Superintendent at any time.
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