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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. Resolution 10-18 Page 1 of 13 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 Resolution 10-18 Page 2 of 13 "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. Resolution 10-18 Page 3 of 13 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. Resolution 10-18 Page 4 of 13 • 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" Resolution 10-18 Page 5of13 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. Resolution 10-18 Page 6 of 13 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. Resolution 10-18 Page 7 of 13 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. Resolution 10-18 Page 8 of 13 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. Resolution 10-18 Page 9 of 13 • 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. Resolution I0-18 Page 10 of 13 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. Resolution 10-18 Page i 1 of 13 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. Resolution 10-18 Page 12 of 13 • 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. Resolution 10-18 Page 13 of 13