HomeMy WebLinkAboutRes 08-16 WA Amendments to the 2008-2009 Personnel Manual WESTLAKE ACADEMY
RESOLUTION NO. 08-16
APPROVING THE APOPTION OF THE WESTLAKE ACADEMY 2008-2009
PERSONNEL MANUAL.
WHEREAS, the Board of Trustees of Westlake Academy recognizes the need for
an personnel manual in order to establish policy, limit employer and employee liability,
ensure best practices; and,
WHEREAS, Westlake Academy recognizes the importance of providing its
employees with written communication of established policies, guidelines, and benefits;
and,
WHEREAS, Westlake Academy desires to provide employees with a personnel
manual that supports the overall goals and vision of its leaders;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1. That the Westlake Academy Board of Trustees does hereby
approve the Westlake Academy 2008-2009 Personnel Manual.
SECTION 2. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 21st DAY OF AUGUST 2008.
ATTEST: Laura Wheat, President
Ri4 Sutter, TRMC, Secretary Thomas E. Brymer, CfiieV'F-x'ecutik Officer
,f
APPROVED S TO F '
L. Canton Lo Attorney
Westlake Academy
2008-2009
Personnel Manual
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page i
Table of Contents
Introduction ................................................................................................................................. 1
Employee Handbook Receipt .................................................................................................... 2
Westlake Academy Information ................................................................................................. 3
Description of Westlake Academy ............................................................................................. 3
Westlake Academy Mission Statement ..................................................................................... 3
Westlake Academy Goals and Objectives ................................................................................. 3
The IB and the IB Learner Profile .............................................................................................. 4
Board of Trustees ...................................................................................................................... 5
Administrative Officials .............................................................................................................. 6
School Calendar ........................................................................................................................ 7
Helpful Contacts ........................................................................................................................ 8
Employment ................................................................................................................................ 9
Equal employment opportunity .................................................................................................. 9
Job vacancy announcements .................................................................................................... 9
Employment after retirement ..................................................................................................... 9
Contract and noncontract employment ...................................................................................... 9
Searches and Drug/alcohol testing .......................................................................................... 10
Fitness for Duty Evaluations .................................................................................................... 18
First Aid and CPR certification ................................................................................................. 19
Reassignments and transfers .................................................................................................. 19
Workload and work schedules ................................................................................................. 19
Notification of parents regarding qualifications ........................................................................ 19
Outside employment and tutoring ............................................................................................ 20
Performance Evaluations ......................................................................................................... 20
Staff Development ................................................................................................................... 20
Compensation and benefits ..................................................................................................... 21
Salaries, wages, and stipends ................................................................................................. 21
Paychecks and paystubs ......................................................................................................... 21
Annualized Compensation ....................................................................................................... 21
Direct Payroll Deposit .............................................................................................................. 22
Payroll Deductions ................................................................................................................... 22
Overtime Compensation .......................................................................................................... 22
Timekeeping ............................................................................................................................ 23
Health, dental, and life insurance ............................................................................................ 23
Supplemental insurance benefits ............................................................................................. 23
Cafeteria Plan (IRS Section 125) ............................................................................................. 24
Worker’s compensation insurance ........................................................................................... 24
Unemployment compensation insurance ................................................................................. 24
Teacher retirement (TRS) ........................................................................................................ 24
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page ii
Leaves and absenses ............................................................................................................... 25
Personal Leave ........................................................................................................................ 25
Sick Leave ............................................................................................................................... 26
Other Local Leave (Community Sick Leave Program) ............................................................ 26
Temporary Disability ................................................................................................................ 26
Family Medical Leave Act (FMLA) ........................................................................................... 27
Worker’s compensation benefits .............................................................................................. 28
Assault Leave .......................................................................................................................... 28
Bereavement Leave ................................................................................................................. 29
Jury Duty .................................................................................................................................. 29
Other court appearances ......................................................................................................... 29
Military Leave ........................................................................................................................... 29
Employee relations and communications .............................................................................. 30
Employee recognition and communication .............................................................................. 30
Employee complaints and grievances ..................................................................................... 30
Employee conduct and welfare ............................................................................................... 31
Standards of conduct .............................................................................................................. 31
Discrimination, Harassment, and Retaliation ........................................................................... 33
Harassment of Students .......................................................................................................... 34
Drug Abuse Prevention ............................................................................................................ 36
Reporting suspected child abuse ............................................................................................. 37
Fraud and financial impropriety ............................................................................................ 38
Conflict of Interest .................................................................................................................... 38
Gifts and Favors ...................................................................................................................... 38
Associations and political activities .......................................................................................... 39
Safety .................................................................................................................................... 39
Use of Cell Phones .................................................................................................................. 39
Tobacco Use ............................................................................................................................ 40
Criminal history background checks ........................................................................................ 40
Employee Arrests and convictions ........................................................................................... 40
Possession of firearms in the workplace ................................................................................ 40
Visitors in the workplace .......................................................................................................... 41
Copyrighted materials .............................................................................................................. 41
Computer Use and data management ..................................................................................... 41
Pest control treatment .............................................................................................................. 41
General Procedures .................................................................................................................. 42
Bad weather closing ............................................................................................................... 42
Emergencies ............................................................................................................................ 42
Purchasing procedures ............................................................................................................ 42
Name and address changes .................................................................................................... 42
Personnel Records .................................................................................................................. 42
Travel Policy ............................................................................................................................ 43
Building Use ............................................................................................................................. 44
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page iii
Termination of employment ..................................................................................................... 45
Resignations ........................................................................................................................... 45
Dismissal or nonrenewal of contract employees ..................................................................... 45
Suspension/Administrative leave of contract employees ......................................................... 45
Dismissal of noncontract employees ....................................................................................... 45
Exit interviews and procedures ................................................................................................ 46
Reports to the State Board for Educator Certification .............................................................. 46
Reports concerning court-ordered withholding ........................................................................ 46
Student issues .......................................................................................................................... 47
Equal educational opportunities .............................................................................................. 47
Student records ....................................................................................................................... 47
Parent and student complaints ................................................................................................ 47
Administering medication to students ...................................................................................... 47
Dietary supplements ................................................................................................................ 48
Psychotropic drugs .................................................................................................................. 48
Student discipline ..................................................................................................................... 48
Student attendance .................................................................................................................. 48
Bullying .................................................................................................................................... 48
Hazing .................................................................................................................................... 49
Index .................................................................................................................................... 50
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 1
Introduction
The purpose of the Westlake Academy Personnel Manual is to provide information that will help
with questions and pave the way for a successful year. Not all Westlake Academy policies and
procedures are included. Some policies have been summarized. Suggestions for additions and
improvements to this handbook are welcome and may be sent to the Human Resources Office,
located at 3 Village Circle, Suite #202, phone (817) 490-5711.
This handbook is neither a contract nor is it intended to alter the at-will status of noncontract
employees in any way. Rather, it is a guide providing an explanation of Westlake Academy’s
employee policies and procedures. These policies and procedures may change at any time; and
such changes shall supersede any handbook provisions that are not compatible with the change.
For more information, employees may call the Academy Main Office or Human Resources
Office.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 2
Employee handbook receipt
Name ___________________________________________________
I hereby acknowledge receipt of my personal copy of the Westlake Academy 2008-2009
Employee Manual. I agree to read the handbook and abide by the standards, policies, and
procedures defined or referenced in this document.
The information in this handbook is subject to change. I understand that changes in Academy
policies may supersede, modify, or eliminate the information summarized in this booklet. As the
Academy provides updated policy information, I accept responsibility for reading and abiding by
the changes.
I understand that no modifications to contractual relationships or alterations of at-will employ-
ment relationships are intended by this handbook.
I understand that I have an obligation to inform the Human Resources Office of any changes in
personal information, such as phone number, address, etc. I also accept responsibility for con-
tacting the Westlake Academy Main Office or the Human Resources Office if I have questions
or concerns or need further explanation.
________________________________ _________________________
Employee Signature Date
Note: You have been given two copies of this form. Please sign and date one and keep it. Sign
and date the other copy and forward it to the Human Resources Office prior to the first day of
instruction.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 3
Westlake Academy Information
Description of Westlake Academy
Westlake Academy is an Open Enrollment Charter School which opened on September 1, 2003 in
Westlake, Texas. Westlake Academy distinguishes itself among neighboring educational offerings with a
particular focus on international-style academics. The programs of the International Baccalaureate
Organization (PYP, MYP, and Diploma Programs) have been certified as the educational model.
Educational technology is pervasive and infuses the classroom curriculum. With an environment rich with
heritage, Westlake Academy’s mission is to provide educational opportunities to each child in keeping
with his or her individual needs.
Westlake Academy Mission statement
Westlake Academy will provide a rigorous curriculum that is international in scope with high
expectations by sharing the responsibility of educational development between teachers, parents,
community, and students. This will be achieved by providing an innovative approach to education that
focuses on the needs of each student to develop a thirst for knowledge, produce positive esteem,
encourage good citizenship, and maximize individual potential. This will prepare students to be active
participants and agents of change in a rapidly changing environment that is global in scope.
Westlake Academy goals and objectives
I. Offer Rigorous International Curriculum.
a. Hire highly qualified domestic and international teachers.
b. Provide IB training for each teacher.
c. Monitor and measure PYP, MYP and Diploma Programs.
d. Maintain PYP, MYP and Diploma authorized Programs.
e. Expose students to international opportunities.
f. Reflect IB philosophy in organizational structure.
II. Adhere to High Expectations.
a. Maintain and enforce updated Personnel Manual and Parent/Student Handbook.
b. Frequently assess performance of students, teachers and staff.
c. Promote based on merit and performance.
d. Maintain above standard TEA ranking without teaching to the test.
e. Strive for 100% IB Diploma graduation.
f. Educate students and parents in the IB grading system and articulate the benefits and
superior attributes to improve parental buy-in and participation in the education process.
III. Share responsibility of educational development among parents, teachers, students, staff
and community.
a. Maintain active and productive Westlake Academy Foundation.
b. Maintain active and innovative Campus Leadership Team.
c. Maintain active and informed House of Commons.
d. Solicit structured and secure volunteer efforts.
e. Expose and involve students and parents in community-wide activities.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 4
f. Provide support to the Westlake Academy Foundation in its annual campaigns.
g. Maintain active lobbying efforts in Austin to protect school interests.
h. Establish consistent and reliable conduits of communication between teachers and parents
utilizing technology, personal meetings and the criteria used in IB assessment tools.
i. Provide parents with access to materials used by the students to encourage
participation and support at home.
IV. Offer individual "student needs" based education.
a. Train all teachers in differentiation skills.
b. Always challenge the fastest learners and special needs students equally.
c. Monitor individual student work plans and progress.
d. Staff classrooms with special needs teachers to supplement regular classroom teachers
where necessary.
V. Develop thirst for knowledge, positive self esteem, and good citizenship and maximize
potential.
a. Model, teach and enforce respect, values, and principle based actions.
b. Maintain active full-time counseling services for all students.
c. Provide a safe learning environment free from intimidation, fear, and/or bullying.
d. Apply horizontal social and academic activities through House system.
e. Build healthy traditions.
f. Provide a wide range of extracurricular activities and the support of art, music,
humanities, and sports.
g. Maximize opportunities to promote the IB Learner Profile in all aspects of school life.
h. Expose students to a wide range of viewpoints and case studies that challenge individual
thought.
VI. Prepare students for Global "Flat" World.
a. Maximize IT opportunities to connect and interact with different cultures.
b. Provide international education opportunities for teachers, parents and students.
c. Teach history and current events in the context of individual impact and provide opportunities
to grow and learn.
d. Provide assessments to measure understanding of world change and its impact on education.
The International Baccalaureate and the IB Learner Profile
• It offers a continuum of education, consisting of three programs for students aged 3 to 19.
• It has a reputation for high-quality education sustained for over 35 years.
• It encourages international-mindedness in IB students. To do this, IB believes that students must
first develop an understanding of their own cultural and national identity.
• It fosters a positive attitude to learning by encouraging students to ask challenging questions, to
critically reflect, to develop research skills, to learn how to learn and to participate in community
service.
• It ensures that the programs are accessible to students in a wide variety of schools – national,
international, public, and private.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 5
The Learner Profile is the IB mission statement translated into a set of learning outcomes for the 21st
century. These are the values that should infuse all elements of the three programs and, therefore, the
culture and ethos of all IB World Schools.
• Inquirers – Who acquire the skills necessary to conduct purposeful, constructive research
• Thinkers – Who exercise initiative in applying thinking skills critically and creatively to
make sound decisions to solve complex problems
• Communicators – Who receive and express ideas and information confidently in more than
one language, including the language of mathematical symbols
• Risk-takers – Who approach unfamiliar situations without anxiety, have confidence and
independence, are courageous and articulate in defending things in which they believe
• Knowledgeable – Who have spent time in school exploring themes with global relevance and
importance, and have acquired a critical mass of significant knowledge
• Principled – Who have a sound grasp of the principles of moral reasoning, integrity, honesty
and a sense of fairness and justice
• Caring – Who show sensitivity towards the needs and feelings of others and have a personal
commitment to action and service
• Open-minded – Who respect the views, values, and traditions of other individuals and
cultures and who are accustomed to seeking and considering a range of points of view
• Balanced – Who understand the importance of physical and mental balance and personal
well-being
• Reflective - Who give thoughtful consideration to their own learning and who analyze their
personal strengths and weaknesses in a constructive manner
Board of Trustees
Texas law grants the Board of Trustees the power to govern and oversee the management of Westlake
Academy. The Board is the policy-making body within the Academy and has overall responsibility for the
curriculum, annual budget, employment of the Head of School, facilities, and expansions. The Board has
complete and final control over school matters within limits established by state and federal laws and
regulations.
The Board of Trustees is elected by the citizens of the Town of Westlake to represent the community’s
commitment to a strong educational program for our students. Trustees are elected every year in May and
serve staggered two-year terms. Trustees serve without compensation, must be registered voters, and must
reside within the Town of Westlake.
Westlake Academy 2008-2009 Governing Body
Board of Trustees
Laura Wheat, Board President
Tim Brittan, Board Member
Larry Corson, Board Member
Carol Langdon, Board Member
Don Redding, Board Member
Rebecca Rollins, Board Member
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 6
Westlake Academy 2008-2009 Administrative Officials
Tom Brymer, CEO/Superintendent
Mark Rosevear, Head of School
Kim Sutter, Board Secretary
The Board of Trustees usually meets on the second Monday of each month at 6:00pm in the
council chambers of Westlake Town Hall, located at 3 Village Circle, Suite #202, Westlake, TX
76262. Special meetings may be called when necessary. A written notice of regular and special
meetings will be posted at the Westlake Town Hall bulletin board at least 72 hours before the
scheduled meeting time. The written notice will show the date, time, place, and subjects of each
meeting. In emergencies, a meeting may be held with a two-hour notice.
All meetings are open to the public. In certain circumstances, Texas law permits the board to go
into a closed session. Closed session may occur for such things as discussing prospective gifts or
donations, real-property acquisition, personnel issues including conferences with employees and
employee complaints, security matters, student discipline, or to consult with attorneys regarding
pending litigation, or other matters as allowed by law.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 7
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Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 8
Helpful contacts
From time to time, employees have questions or concerns. The contacts for various Westlake
Academy Departments are listed below.
Senior Management Team
Tom Brymer, CEO/Superintendent
Mark Rosevear, Head of School
Darcy McFarlane, Administration Coordinator
Jamie Schmitz, Head of Primary
Robert Kai, Head of Secondary
Daniela Lira, MYP Coordinator
Claudia Ouerthe-Cabale, PYP/DP Coordinator
Sundi Halbert, Primary Counselor
Glynda Davis, Secondary Counselor
Mireida Rubayo, Athletic Director
Deborah Peebles, Special Education
Troy Meyer, Facilities Director
Debbie Piper, Finance Director
Todd Wood, Director of Human Resources
A complete list of staff telephone extentions is available in the Academy’s Main Office.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 9
Employment
Equal employment opportunity
Westlake Academy does not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, age, disability, military status, or on any other basis prohibited
by law. Employment decisions will be made on the basis of each applicant’s job qualifications,
experience, and abilities. Employees with questions or concerns about discrimination on the basis of race,
color, religion, sex, national origin, age, disability, or military status should contact the Head of School or
the Human Resources Office.
Job vacancy announcements
Announcements of job vacancies by will be made by one or more of the following methods: in the Town
of Westlake’s newspaper of record, posted internally in common faculty areas, and/or on the Academy’s
website.
Employment after retirement
Individuals receiving retirement benefits from the Teacher Retirement System (TRS) may be employed in
limited circumstances on a full- or part-time basis without affecting their benefits, according to TRS rules
and state law. Detailed information about employment after retirement is available in the TRS publication
Employment After Retirement. Employees can contact TRS for additional information by calling 800-223-
8778 or 512-542-6400. Information is also available on the TRS Web Site (www.trs.state.tx.us).
Notwithstanding the above, TRS rules and state law will govern.
Contract and noncontract employment
Certain provisions in the Texas Education Code are not applicable to open-enrollment charter schools.
For example, as an open-enrollment Charter School, Westlake Academy is not required by state law to
employ professional employees under contract. Westlake Academy has chosen to employ its professional
employees (teachers, librarians, nurses, and counselors) under employment contracts. The paragraphs
that follow provide a general, non-binding description of other employment arrangements used by the
Academy.
Noncertified professional and administrative employees. Employees in professional and administrative
positions (such as non-instructional administrators) may be employed by contract or at-will at the
discretion of the Head of School or Superintendent/CEO.
Paraprofessional and auxiliary employees. All paraprofessional and auxiliary employees, regardless of
certification, are employed at-will and not by contract. Employment is not for any specified term and may
be terminated at any time by either the employee or by the Academy with or without cause.
Other Employees. Employees in all other positions are employed at-will and may be terminated at any
time by either the employee or by the Academy with or without cause.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 10
Searches and alcohol and drug testing
Noninvestigatory searches in the workplace, including accessing an employee’s desk, file cabinets,
locker, or work area to obtain information needed for usual business purposes may occur when an
employee is unavailable. Therefore, employees are hereby notified that they have no legitimate
expectation of privacy in those places. In addition, the Academy reserves the right to conduct searches
when there is reasonable cause to believe a search will uncover evidence of work-related misconduct.
Such an investigatory search may include drug and alcohol testing if the suspected violation relates to
drug or alcohol use. The Academy may search the employee, the employee’s personal items, work areas,
lockers, and private vehicles parked on Academy premises or work sites or used in Academy business.
This policy also applies to school sponsored trips and offsite training programs attended by employees.
Drug and Alcohol Policy definitions
Abuse of Town or Academy property is exemplified, but not limited to, the following:
• Negligent or willful damage or destruction of equipment or property;
• Waste of materials or negligent loss of tools or materials;
• Improper maintenance of equipment;
• Damage caused by the use of tools or equipment for purposes other than that for which the
tool or equipment was intended;
Adulterant means a masking agent that prevents the detection of drug use in a drug testing specimen or
any other substance used to tamper with the specimen.
Alcoholic beverage means alcohol, or any beverage, containing more than one-half of one percent
alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams
of alcohol per 210 liters of breath as indicated by an Evidential Breath Test (EBT).
Contraband means any article, the possession of which on Academy premises or while on Academy
business causes an employee to be in violation of an Academy rule or penal law. Contraband includes
illegal drugs and open containers of alcoholic beverages, drug paraphernalia, illegal or prohibited
weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. Nothing shall
preclude the possession of contraband for the purposes of educational instruction pursuant to the
employee’s job responsibilities.
Controlled substances means any drug, substance, or immediate precursor listed in Schedules I-V or
Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be revised from time to time.
Drug or Illegal drug means any drug in any detectable amount that is not legally obtainable; any drug
that is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any
prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a
dosage level different than recommended by the manufacturer or being used for a purpose other than
intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide
medical therapy. Examples of illegal drugs are cannabis substances such as marijuana and hashish,
cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 11
Drug Paraphernalia means equipment, a product or material that is used or intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a
controlled substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance.
Medical Review Officer (MRO) means a licensed physician (doctor or doctor of osteopathy) responsible
for receiving laboratory results generated by an employer’s drug testing program who has knowledge of
substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s
confirmed positive or adulterated test result together with his or her medical history and any other
relevant biomedical information.
Physician means a physician licensed by the State Board of Medical Examiners.
Proper medical authorization means a prescription or other written approval from a physician for the
use of a drug in the course of medical treatment. It must include the name of the substance,
quantity/amount to be taken, the period of authorization, and whether the prescribed medication may
impair the employee’s job performance. This requirement also applies to refills of prescription drugs.
Refusal to submit to alcohol or drug test means that an employee:
• Refuses to sign a consent to testing form;
• Fails to provide adequate breath or urine for testing without a valid medical explanation after
he or she has received notice of the requirement for testing;
• Engages in conduct that clearly obstructs the testing process;
• Uses adulterants to prevent the detection of drug use in a drug-testing specimen or uses any
other substance to tamper with the specimen. Any refusal to submit to testing will be treated
the same as a positive controlled substances test result.
Substance abuse is exemplified by, but not limited to, the following:
• Ingestion, inhalation, or injection of a controlled substance without proper written medical
authorization;
• Ingestion of an alcoholic beverage during working hours or on Academy property;
• Ingestion of an alcoholic beverage while operating Academy equipment;
• Ingestion, inhalation, or injection of a controlled substance without proper medical
authorization, or ingestion of an alcoholic beverage during non-working hours, which causes
an employee to be unable to work in a safe and effective manner during working hours;
• Use of prescription or over-the-counter medication in a manner for which it was not intended.
Testing facility means a hospital, clinic, or laboratory approved by the Academy to be used to collect
body fluid or breath samples to be analyzed for specific controlled substances or alcohol. The facility will
have all required personnel, materials, equipment, and supervision for the collection, security, temporary
storage, and transportation of samples to the testing lab, or to conduct alcohol testing.
Under the influence or Impaired is defined as abnormal behavior during working hours or during
Academy-sponsored events outside of normal working hours which results from indulging in an alcoholic
beverage, controlled substance, or drug which may limit an employee’s ability to safely and efficiently
perform his or her duties or poses a threat to the safety of the employee or others.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 12
Working hours means from the time the employee arrives at the job site until the time the employee
leaves, including all lunch or other types of breaks.
Constitutional Rights of Employees
Westlake Academy respects the constitutional rights of its employees. All actions taken by Academy
officials shall be consistent with the Constitution and laws of the United States and the State of Texas.
Notification of Supervisor of Authorized Drug Use
Each employee shall report the use of medically authorized drugs or other substances that can impair job
performance to the employee’s immediate supervisor and provide proper written medical authorization to
work from a physician. It is the employee’s responsibility to determine from the physician whether or not
the drug would impair employee job performance depending on the nature of the employee’s job. Failure
to report the use of such drugs or other substances or failure to provide proper evidence of medical
authorization will result in disciplinary action. Any information received from an employee under this
provision will be kept confidential except to the extent it may be shared with individuals who are in a
need-to-know position.
The Academy reserves the right to have a physician of its own choice determine if the medication
produces hazardous effects at the prescribed dosage and may restrict the employee’s work activity.
Additional Employee Responsibilities
Employees are expected to be fit for duty upon reporting to work. Each Academy employee who
observes or has knowledge of another employee in an impaired condition to perform his or her job duties
or who poses a hazard to the safety and welfare of the employee or others shall promptly report this fact
to the immediate supervisor. The employee making the observation must file a written report to the
suspected employee’s supervisor within 24 hours of observing or learning of the condition. Any
employee concealing the use of or condition of being under the influence of drugs, controlled substances,
or alcohol by other employees on the job, or failing to make such a report, will be subject to disciplinary
action, including suspension or termination. The suspected employee’s supervisor must then determine
whether this information, along with the supervisor’s own observations, warrant a reasonable suspicion
test. The supervisor will also forward the employee’s written report immediately to the Head of School in
a confidential manner.
If, after investigating a report of an employee’s impaired condition, the supervisor finds that the reporting
employee has knowingly provided false information regarding the suspected employee, disciplinary
action may be taken against the individual who filed the report and knowingly gave such false
information.
Any employee who makes a reasonable cause observation or who may be a witness at an accident scene
shall also maintain complete confidentiality. Breach of confidentiality relating to test results or any other
related matters will subject the employee to disciplinary action.
All supervisors and Section Heads are responsible for documenting poor performance, for recognizing
reasonable suspicion of drug or alcohol use by employees, and for carrying out the provisions of this
policy.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 13
Required Drug and/or Alcohol Testing
When a reasonable suspicion exists that an employee is impaired or under the influence of a controlled
substance or alcohol, the employee shall be required to undergo a controlled substance and/or alcohol test
at the Academy’s expense. The exam shall consist of a urine and/or breath and/or blood test, and may
include a physical examination by a physician. Reasonable suspicion includes, but is not limited to, the
following:
• Vehicle accidents in which the employee was involved during working hours;
• Abuse of Academy property;
• Personal injury suffered by the employee, injuries caused to others, or damage to another’s
property;
• Employee behavior problems such as fighting, declining work performance, being
argumentative, uncooperative, or otherwise disruptive;
• Receipt of written or oral statements by employees or others concerning use of drugs or
alcohol by employees or being under the influence;
• Possession of any drug, drug container, or drug paraphernalia, or any open alcoholic beverage
container during working hours or while on standby duty, in a Academy vehicle, or on
Academy property; and,
Indications of possible impairment or intoxication which include the following:
• Slurred speech
• Disorientation
• Job impairment (inability to perform the job in a routine manner)
• Odor of alcoholic beverages
• Odor of other substances
• Unsteady gait or balance
• Glassy eyes
• Drowsiness
• Euphoria
• Mood swings
• Inattentiveness
• Excitement or confusion
• Irritability
• Aggressiveness
• Other erratic behavior
If an on-the-job accident or an accident occurs and the supervisor determines that reasonable suspicion
exists to warrant testing, the employee will be tested for both drugs and alcohol as soon as possible. The
supervisor of an employee who is seriously injured and cannot provide a breath or urine specimen at the
time of the accident will accompany the employee to the hospital and request that the hospital perform the
tests necessary to determine the presence of controlled substances or alcohol in the employee’s body at
the time of the accident. The employee will provide the necessary authorization for the Academy to
obtain these reports. In a medical emergency, the first consideration will be the health and welfare of the
employee.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 14
Testing Methods
The methods by which substance abuse or alcohol use will be tested may include, but is not limited to, the
following:
• urinalysis
• breath analysis
• blood screening
Procedures for Administering Tests
The Head of School or designee is authorized to develop, administer, and modify testing procedures as
required.
A copy of the Westlake Academy Drug and Alcohol Policy (contained in this handbook) shall be
provided to the testing facility before any tests are conducted. The testing facility shall comply with the
procedures outlined in this policy when conducting tests. The testing facility shall contact the Head of
School whenever it believes it is necessary to amend the testing procedures.
A supervisor shall transport the employee to the testing facility where the employee will be required to
show positive picture identification. Consequently, employees are required to carry their valid driver’s
license with them while at work.
Drug Testing Procedures
The employee shall complete a consent form prior to testing. If the employee does not understand what
he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the
exam/test and the release of medical information regarding the employee’s medical condition and any test
results. Failure to sign a consent form will be regarded the same as a positive drug test result.
The medical facility staff member shall provide the employee with a container. A portion of the urine
place in this container shall be used for a second test in case the employee requests a re-test of an initial
positive or adulterated result. The specimen shall be produced in a location that provides privacy.
Alcohol Testing Procedures
The employee shall complete a consent form prior to testing. If the employee does not understand what
he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the
exam/test and the release of medical information regarding the employee’s medical condition and any test
results. Failure to sign a consent form will be regarded the same as a breath alcohol content equal to or
greater than 0.04.
The employee’s breath alcohol content shall be analyzed using an Evidential Breath Testing device (EBT)
operated by a Breath Alcohol Technician (BAT). The test shall be conducted in a private setting.
Medical Examination
If the employee is unable to provide adequate breath or urine to conduct testing, the Academy may
require the individual to undergo a medical evaluation to develop pertinent information concerning
whether the individual’s inability to provide a specimen is genuine or constitutes a refusal to test. The
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 15
cost of the medical exam shall be paid by the Academy and the employee will remain in a leave without
pay status while awaiting the results of the medical exam.
Post-Test Procedure
The supervisor who makes a determination that reasonable suspicion exists to conduct a drug or alcohol
test will prepare a written record of the observations leading to the test within 24 hours of the observation.
At the conclusion of the alcohol test, the supervisor will provide instructions to the employee based on the
test results and shall immediately hand-deliver the employer’s copy of the results to the Head of School
and the Human Resources Department in a confidential manner.
When a drug test is conducted, the employee shall remain off-duty in a leave without pay status pending
the results of the exam and any other type of investigation the Academy may conduct. Exam results will
be sent confidentially to the Head of School and the Human Resources Department.
Any time a drug test is conducted or when an alcohol test produces a breath alcohol content equal to or
greater than 0.02, the supervisor shall ensure that the employee does not drive him or herself home in
either them employee’s personal vehicle.
Exam Results Confidentiality
The results of any drug or alcohol test shall be strictly confidential and shall not be disclosed without the
prior written approval of the employee tested unless otherwise required by law. However, nothing in this
paragraph will prohibit the lab, the MRO, or testing facility from releasing information relevant to an
employee’s test results to the Head of School and the Human Resources Department. Additionally, only
those persons in management directly involved in the decision-making process related to the tested
employee will obtain any drug or alcohol testing information retained by the Academy. There may be
some instances where overriding public health or safety concerns may require the release of information
otherwise considered confidential. All records of the Academy are subject to the provisions of the Texas
Open Records Act.
A copy of the results of the exam shall be supplied to the employee examined, and the original exam
results shall be maintained in a locked cabinet in the Human Resources office for a period of at least two
(2) years, after which time they may be destroyed. The Human resources Office may, however, maintain
the exam results and any reports on individuals who have violated this policy for the purpose of recording
the number of violations.
Management and supervisory personnel who are authorized to have access to alcohol or drug test results
or medical information pertaining to this policy will maintain complete confidentiality regarding this
information.
Drug Testing Results
The employee shall remain off-duty in a leave without pay status until the results of the controlled
substances test are received by the Head of School and Human Resources Department and until any other
investigative procedures are complete. If the results are negative and unadulterated, no disciplinary
hearing will be held and the employee will be given back pay as though he worked as previously
scheduled for this time.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 16
A Medical Review Officer (MRO) shall review and interpret positive and adulterated results obtained
from the lab. The MRO will examine the possible alternate medical explanations for any positive test
results or adulterated results and give the individual testing positive or the individual with an adulterated
test result an opportunity to discuss the test results prior to making a final decision. The MRO may verify
an adulterated or positive test result to the Head of School Director or Human Resources without having
communicated with the employee if the employee expressly declines to discuss the results of the test or if
the employee has not contacted the MRO within five (5) days after a documented confidential contact by
the Head of School or Director of Human Resources instructing the employee to contact the MRO.
An employee whose urine sample has tested positive for a controlled substance or has an adulterated test
result has the option, within 72 hours of being notified by the MRO, of having the other portion of the
sample tested at another DHHS-certified laboratory of the MRO’s choice. The Academy will require the
employee to pay cash in advance for the cost of shipment and analysis of the urine sample for re-testing.
The employee will remain on leave without pay status while awaiting the results of the re-test. If the
remaining portion produces a negative unadulterated result, or if for any reason the remaining portion is
not available, the test is considered negative, no sanctions will be imposed, and no disciplinary hearing
will be held. Additionally, the Academy will reimburse the employee for the expense of the re-test and
back wages will be paid as though the employee worked as previously scheduled for this time period.
Results that are positive for illegal drug(s) or are adulterated will result in disciplinary action, up to and
including termination of the employee. Results that are positive for controlled substances will require
documentation from a licensed physician substantiating a valid prescription for that substance. Upon
receipt of a positive illegal drug test or an adulterated test result, the Human Resources Office shall
confidentially notify the Head of School and the Head of School shall schedule a disciplinary hearing
giving written notice of the date, time, and place of the hearing and a copy of the test results to the
employee tested. At the hearing, the employee shall have the opportunity to challenge the test results or
the testing procedure. If the employee is found to be in violation of this policy, disciplinary action will
occur, up to and including termination.
Alcohol Testing Results
Employees who test below 0.02 breath alcohol concentration may be allowed to return to duty unless the
employee’s departmental rules and regulations do not allow an employee’s return to duty with any level
of alcohol in his or her system. Employees who test equal to 0.02 but less than 0.04 breath alcohol
concentrations may:
• be taken home under the provisions of the Post-Testing Procedure and will not be allowed to
return to duty for 24 hours after the conclusion of the initial alcohol test;
• be placed on leave without pay and will not be allowed to perform any work on behalf of the
Academy for the 24-hour period immediately following the alcohol test;
• be given a notice of disciplinary hearing stating the date, time, and location of the hearing and a
copy of the test results when they return to work and are no longer under the influence of
alcohol;
• be allowed to challenge the test results or the testing procedure at the hearing;
• be required to submit to unannounced alcohol testing at least six (6) times while on duty during
the 12 months immediately following the initial test (the Head of School will determine when
the unannounced tests will be conducted); and,
• be terminated if their breath alcohol concentration falls in this range twice in any consecutive
12-month period. Further, an employee will be terminated if his or her breath alcohol
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 17
concentration falls in this range a total of four (4) times during employment with the Westlake
Academy, regardless of any break in service.
Employees who test equal to or greater than 0.04 breath alcohol concentration will:
• be taken home under the provisions the Post-Testing Procedure;
• immediately be placed on leave without pay and will not be allowed to perform any work on
behalf of the Academy;
• be provided with a notice of a disciplinary hearing stating the date, time, and location of the
hearing and a copy of the test results;
• be allowed to challenge the test results or the testing procedure at the hearing; and,
• be terminated from employment with the Academy if they are found to be in violation of this
policy.
Employee Cooperation
All employees are expected to cooperate in the testing process. Refusal to take a drug or alcohol test or
refusal to sign the consent form will be treated the same as a positive controlled substances test result or a
breath alcohol content equal to or greater than 0.04. Failure to provide adequate breath or urine
specimens for testing without a valid medical explanation is also considered a refusal to submit to testing.
Any conduct that clearly obstructs the testing process, such as tampering with a specimen or the testing
procedure, including the use of adulterants, will result in termination.
Operation of Vehicles and Equipment
Under no circumstances shall an employee operate motor vehicle or motorized equipment while under the
influence of drugs or alcohol, or under the influence of medication that may affect the employee’s ability
to operate such equipment. Additionally, when the supervisor has information from another employee
when reasonable suspicion exists (as defined in this policy under Required Drug and/or Alcohol Testing),
an employee shall not be allowed to operate any motor vehicle or motorized equipment until the
supervisor has investigated the situation and determined if testing for drugs or alcohol is warranted. If the
supervisor determines that reasonable suspicion does not exist, the employee will be allowed to return to
his or her regular duties. If reasonable suspicion does exist, the employee will be tested in accordance
with the Academy’s Procedures for Administering Tests.
Fitness for Duty Testing
Employment-related physicals
Certain positions may exist where a certain level of fitness and physical well-being are required to
perform requisite tasks proficiently and safely.
Medical screening of prospective and current employees serves several purposes:
1. Ascertains that employees meet the minimum physical requirements of jobs for which
they are hired.
2. Protects existing medical conditions that need corrections or control.
3. Identifies pre-existing medical conditions that need correction or control.
4. Procurement of a healthy, more productive work force.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 18
Positions requiring verification of physical fitness must successfully complete a pre-employment physical
as the final step in the hiring process. These physicals will be at no cost to the employee. After interview
screening has been completed, the applicant selected will be notified of his/her tentative selection and
informed that upon successful completion of a physical examination at the Academy’s expense he/she
will be hired. The applicant will then obtain authorization and instructions pertaining to the physical from
the Human Resources Office. Should the results of the screening and/or examination indicate that a
health issue is to be considered, every reasonable accommodation will be made to work with the new
employee given the circumstances.
Pre-employment physical examination documentation will be maintained in the Human Resources Office
as a permanent part of the employee's personnel records. Examination forms for disqualified applicants
will be filed with their employment applications.
Psychological Evaluations
Psychological evaluations may be required as part of the pre-employment screening process or to
determine fitness for duty for current employees. All psychological evaluations will be conducted by a
designated, licensed health care professional at the Academy’s expense.
Pre-employment psychological evaluations may be required for some positions to help determine
suitability for work and to identify any psychological trait, factor, or condition, which may significantly
interfere with an applicant’s ability to carry out duties for the position for which he/she is applying.
Fitness for duty psychological evaluations may be required of current employees at any time. These
evaluations are intended to provide guidance as to the employee’s ability to carry out duties due to
psychological factors. The Head of School or Superintendent/CEO may require a psychological
evaluation as part of an administrative action for an employee showing behavioral signs of distress or
impairment or when mental instability is reasonably suspected.
For fitness for duty evaluations, the employee shall receive a written directive from the Head of School or
Superintendent/CEO to undergo an evaluation. This order will also contain information related to the
date, time, and location of where the evaluation will be conducted. Failure by the employee to report for
an evaluation shall result in disciplinary action, up to and including termination.
Physical fitness or psychological reports used to determine fitness for duty are to be kept confidential and
used only by personnel authorized by the Head of School or Superintendent/CEO. They are only advisory
and shall not be the sole basis for administrative decisions.
First aid, CPR, and AED certification
Certain employees who are involved in physical activities for students may be required to maintain and
submit to the Academy proof of current certification in first aid, cardiopulmonary resuscitation (CPR),
and the use of an automated external defibrillator (AED). Certification must be issued by the American
Red Cross, the American Heart Association, or another organization that provides equivalent training and
certification. Employees subject to this requirement must submit their certification to the Human
Resources Office within 30 days of the date of hire.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 19
Reassignments and transfers
All personnel are subject to assignment and reassignment by the Head of School or Superintendent/CEO
when the Head of School or Superintendent/CEO determines that the assignment or reassignment is in the
best interest of the Academy. Reassignment is a transfer to another position, department, or facility that
does not necessitate a change in the employment contract. Extracurricular or supplemental duty
assignments may be reassigned at any time unless an extracurricular or supplemental duty assignment is
part of a dual-assignment contract. Employees who object to a reassignment may follow the process for
employee grievances as outlined in this handbook.
An employee with the required qualifications for a position may request a reassignment. All requests for
transfer or reassignment are within the sole discretion of the Head of School or Superintendent/CEO. A
written request for reassignment be completed and signed by the employee. Requests for transfer during
the school year will be considered only when the change will not adversely affect students and after a
replacement has been found. All transfer requests will be coordinated and approved by the Head of
School or Superintendent/CEO.
Workload and work schedules
Professional employees. Professional and administrative employees are exempt from overtime pay and
are employed on a 10-, 11-, or 12-month basis, according to the work schedules set by the Academy. A
school calendar is adopted each year designating the work schedule for teachers and all school holidays.
Notice of work schedules including required days of service and scheduled holidays will be distributed
each school year.
Classroom teachers will have planning periods for instructional preparation and conferences. The
schedule of planning periods is at least 450 minutes within each two-week period in blocks not less than
45 minutes. Teachers and librarians are allowed a duty-free lunch period of at least 30 minutes.
Paraprofessional and auxiliary employees. Support employees are employed at-will and will be
notified of the required duty days, holidays, and hours of work for their position on an annual basis.
Paraprofessional and auxiliary employees are not exempt from overtime and are not authorized to work in
excess of their assigned schedule without prior approval from their supervisor.
Notification of parents regarding qualifications
No later than the 30th instructional day after the date of assignment the Head of School will provide to
parents or guardians of each student enrolled in the school a written notice of the qualifications of each
teacher employed by the school.
If the Academy receives Title I funds, the Academy is also required by the No Child Left Behind Act
(NCLB) to notify parents at the beginning of each school year that they may request information
regarding the professional qualifications of their child’s teacher. NCLB also requires that parents be
notified if their child has been assigned, or taught for four or more consecutive weeks by, a teacher who is
not highly qualified.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 20
Outside employment and tutoring
Employees who wish to accept outside employment during the school year or engage in other activities
for profit, including tutoring, must submit a written request to the Head of School. Approval from the
Head of School will be based on whether outside employment interferes with regularly assigned duties,
that no conflict of interest exists, or other factors as determined by the Head of School. No tutoring for
pay will be allowed on the Westlake Academy campus at any time.
Performance evaluations
Evaluation of an employee’s job performance is a continual process that focuses on improvement.
Performance evaluation is based on an employee’s assigned job duties and other job-related criteria. All
employees will participate in the formal evaluation process with the Head of School at least on an annual
basis. Ongoing evaluation of employees will occur throughout the school year for the purposes of
providing feedback or correcting performance problems. Written evaluations will be completed on forms
approved by the Head of School. Reports, correspondence, and memoranda may be used to document
performance information. Employees will receive a copy of their written evaluation, have a performance
conference with their supervisor, and have an opportunity to respond to the evaluation. Employee
evaluations will be retained in the employee’s personnel file, located in the Human Resources Office.
Staff development
Staff development activities are organized to meet the needs of employees and the Academy. Staff
development for instructional personnel is related to achieving performance objectives and approved by
the Head of School or Superintendent/CEO. Staff development for noninstructional personnel is designed
to meet specific licensing requirements, and continued employee skill development.
Individuals holding renewable certificates from the State Board of Educator Certification (SBEC) are
responsible for obtaining the required training hours and maintaining appropriate documentation. All
teachers will receive the necessary training required to familiarize themselves with the IB educational
model and provide a basis for continued professional development.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 21
Compensation and benefits
Salaries, wages, and stipends
Employees are paid in accordance with administrative guidelines and a pay structure established for each
position. Salaries for all Academy employees are reviewed each year and adjusted as needed. All
Academy positions are classified as exempt or nonexempt according to federal law. Professional and
administrative positions employed by contract are generally classified as exempt and are paid annual
salaries and are not entitled to overtime compensation. Other employees are generally classified as
nonexempt and are paid based on hourly wages or provided compensatory time for each authorized
overtime hour worked. (See Overtime, page 22).
Salaries and wages are reviewed on an annual basis and adjusted according to the budgeted amounts
approved by the Board of Trustees. All employees will receive written notice of their pay and work
schedules before the start of each school year. Classroom teachers, full-time librarians, full-time nurses,
and full-time counselors will be paid no less than the minimum state salary schedule. Contract employees
who perform extracurricular or supplemental duties may be paid a stipend in addition to their salary.
International Teachers are expected to perform extracurricular duties as assigned by the Head of School
as a condition of receiving an international stipend.
Employees should contact the Human Resources Office for more information about the Academy’s pay
schedules or their own pay.
Paychecks
All employees are paid bi-weekly on every other Friday. During the school year, paystubs and paychecks
are delivered to Academy’s Front Office. Paystubs or paychecks will not be released to any person other
than the Academy employee named on the check without the employee’s written authorization, except as
required by law. During summer breaks, paystubs and paychecks will be mailed to the address on file for
the employee.
An employee’s payroll statement contains detailed information including earnings, deductions, and
withholding information.
Annualized compensation
The Academy pays all salaried employees over a 12-month annualized schedule, regardless of the number
of months employed during the school year. Salaried employees will be paid in equal bi-weekly
payments, beginning with the first pay period of the school year. An employee who separates from
service before the last day of instruction or retires under TRS will receive his or her final paycheck as a
lump sum payment. This payment is for wages actually earned from the beginning of the school year to
the date of separation. Employees that separate after the last day of instruction will continue to receive
paychecks through the end of the summer.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 22
Direct payroll deposit
Employees are encouraged to have their paychecks electronically deposited into their bank account. A
notification period of at least 7 business days prior to the next scheduled payday is necessary to activate
this service. With direct deposit, an employee’s pay is immediately available on the pay date. Contact the
HR Office for more information about the direct payroll deposit.
Payroll deductions
Automatic payroll deductions for the Teacher Retirement System of Texas (TRS) and federal income tax
are required for all full-time employees. Medicare tax deductions also are required for all employees hired
after March 31, 1986. Temporary and part-time employees who are not eligible for TRS membership
must have their Social Security contributions deducted.
Other payroll deductions employees may elect include deductions for the employee’s share of premiums
for health, dental, and life insurance, supplemental insurance, and supplemental retirement programs.
Salary deductions are automatically made for unauthorized or unpaid leave.
Overtime compensation
The Academy compensates overtime for nonexempt (hourly) employees in accordance with federal wage
and hour laws. Only nonexempt employees are entitled to overtime compensation. Nonexempt
employees are not authorized to work overtime hours without advance written approval from their
supervisor.
Overtime is legally defined as all hours worked in excess of 40 hours in a work week and is not measured
by the day or by the employee’s regular work schedule. For the purpose of calculating overtime, a
workweek begins at 12:00 am on Monday and ends at 11:59 on Sunday.
Employees may be compensated for overtime at time-and-a-half rate with compensatory time off (comp
time) or direct pay. The following applies to all nonexempt employees:
• Employees can accumulate up to 60 hours of comp time.
• Comp time must be used in the duty year that it is earned.
• Use of comp time may be at the employee’s request with supervisor approval as workload permits,
or at the supervisor’s direction.
• An employee may be required to use comp time before using any other available paid leave (e.g.,
sick, personal, vacation).
• Weekly time records will be maintained on all nonexempt employees for the purpose of wage and
salary administration.
• Comp-time balances cannot be carried over from one school year to the next. Employees will be
required to receive a cash payment at their current hourly rate at the end of each school year for
unused comp time.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 23
Timekeeping
Accurately recording time worked is the responsibility of every employee, and records should represent
actual time worked on the job performing assigned duties. Federal and state law requires that Westlake
Academy keep accurate records of time worked in order to calculate employee pay and benefits.
Non-exempt (hourly) employees are required to record actual time worked to their supervisor on a weekly
basis, using the Academy’s designated timesheet. It is the immediate supervisor’s responsibility to
accurately document and/or verify the time his or her subordinates begin and end their work period, each
meal period, split shift and departure from work for personal reasons.
The appropriate supervisor will review and sign the payroll time sheet before submitting for payroll
processing. Timesheets must be received by the Human Resources Department no later than 12:00pm on
the Tuesday preceding payday. Each timesheet will be signed by the employee indicating that the time
recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and
including termination.
All Westlake Academy employees are required to record their arrival and departure time from work each
day, regardless of exemption status. Employees leaving the campus for any period of time must record
their time out when leaving campus and record their time in upon returning. The sign in/sign out log is
located in the Academy’s Front Office.
Health, dental, and life insurance
Group health insurance coverage is provided through TRS-ActiveCare, the statewide public school health
insurance program. The Academy’s contribution to employee insurance premiums is determined annually
by the Board of Trustees. Employees eligible for health insurance coverage include the following:
• Employees who are active, contributing TRS members
• Employees who are not contributing TRS members and who are regularly scheduled to work at least
10 hours per week
TRS retirees and employees who are not contributing TRS members that are regularly scheduled to work
less than 10 hours per week are not eligible to participate in TRS-ActiveCare.
The insurance plan year is from September 1 through August 31. Current employees can make changes in
their insurance coverage during open enrollment each spring. Detailed descriptions of insurance coverage,
employee cost, and eligibility requirements are provided to all employees in a separate booklet.
Employees should contact the Human Resources Office for more information.
Supplemental insurance benefits
Employees may enroll in supplemental insurance programs at their own expense. Premiums for these
programs are paid by payroll deduction. Employees should contact the Human Resources Office for more
information.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 24
Cafeteria plan (Section 125)
Employees may be eligible to participate in the Cafeteria Plan (Section 125) and, under IRS regulations,
must either accept or reject this benefit. This plan enables eligible employees to pay certain insurance
premiums on a pretax basis (i.e., dental, disability, accidental death and dismemberment, cancer
insurance, and additional term life insurance). Pre-tax deduction eligibility is for each policy by IRS
guidelines.
New employees must accept or reject this benefit during their first month of employment. All employees
must accept or reject this benefit on an annual basis and during the specified open enrollment period.
Workers’ compensation insurance
Westlake Academy, in accordance with state law, provides workers’ compensation benefits to employees
who suffer a work-related illness or are injured on the job. The Academy has workers’ compensation
coverage from Utica Insurance Company, effective September 1, 2007. Worker’s Compensation benefits
help pay for medical treatment and make up for part of the employee’s income lost while recovering.
Specific benefits are prescribed by law depending on the circumstances of each case.
All work-related accidents or injuries should be reported immediately to the Human Resources Office.
Employees who are unable to work due to a work-related injury will be notified of their rights and
responsibilities under the Texas Labor Code. (See Worker’s Compensation Benefits, page 28)
Unemployment compensation insurance
Employees who have been laid off or terminated through no fault of their own may be eligible for
unemployment compensation benefits. Employees are not eligible to collect unemployment benefits
during regularly scheduled breaks in the school year or the summer months if they have employment
contracts or reasonable assurance of returning to service. Employees with questions about unemployment
benefits should contact the Human Resources Office.
Teacher retirement
All personnel employed on a regular basis for at least one-half of the normal work schedule are members
of the Teacher Retirement System of Texas (TRS). For new employees there is a 91-day waiting period
before membership in TRS begins. Substitutes not receiving TRS service retirement benefits who work at
least 90 days a year are also eligible for TRS membership and to purchase a year of creditable service.
TRS provides members with an annual statement of their account showing all deposits and the total
account balance for the year ending August 31, as well as an estimate of their retirement benefits.
Employees who plan to retire under TRS should notify the Human Resources Office as soon as possible.
Information on the application procedures for TRS benefits are available in the Human Resources Office.
Additional inquiries should be addressed to: Teacher Retirement System of Texas, 1000 Red River Street,
Austin, TX 78701-2698, or call 800-223-8778 or 512-542-6400. TRS information is also available on the
Web (www.trs.state.tx.us).
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 25
Leaves and absences
Westlake Academy offers employees paid and unpaid leaves of absence in times of personal need. Unpaid
leaves of absence must be approved in advance by the Head of School or CEO/Superintendent. 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 should call the Human Resources Office
for counseling about leave options, continuation of benefits, and communicating with the Academy.
Employees who take an unpaid leave of absence may continue their insurance benefits at their own
expense. Health care benefits for employees on leave authorized under the Family and Medical Leave Act
will be paid by the Academy as they were when they were working. Otherwise, the Academy does not
make benefit contributions for employees who are on unpaid leave.
Employees must report or request any leave of absence and by completing the appropriate leave request
form, available in the Human Resources Office. Any employee who is absent more than five (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.
Personal and local sick leave is earned on an annual basis. Leave is available for the employee’s use at the
beginning of the school year. If an employee leaves the Academy before the end of the work year, the
cost of any unearned leave days taken shall be deducted from the employee’s final paycheck.
Personal leave
State law entitles all employees to five days of paid personal leave per year. Personal leave is earned at a
rate of one-half workday for each 18.7 days of employment, or for more than one-half of a 18.7 day
period completed at the end of the school year, up to the statutory maximum of five workdays annually. A
day of earned personal leave is equivalent to an assigned workday. There is no limit on the accumulation
of state personal leave, and it can be transferred to other Texas school Academys and is generally
transferable to education service centers. There are two types of personal leave: nondiscretionary and
discretionary.
Nondiscretionary. Leave that is taken for personal or family illness, emergency, a death in the family, or
active military service is considered nondiscretionary leave. This type of leave allows very little or no
advance planning and will be granted to employees in the same manner as sick leave.
Discretionary. Leave that is taken at an employee’s discretion and that can be scheduled in advance is
considered discretionary leave. An employee wishing to take discretionary personal leave must submit a
notice of the request five (5) days in advance of the anticipated absence to the Head of School.
Discretionary personal leave will be granted on a first-come, first-served basis. The effect of the
employee’s absence on the educational program, as well as the availability of substitutes, will be
considered by the Head of School.
Personal leave cannot be combined with scheduled holidays, staff development days, or days scheduled
for TAKS testing. Unauthorized absences under this policy will result in payroll deductions for any
day(s) missed.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 26
Sick leave
Sick leave can be used only in whole or half-day increments, except when coordinated with family and
medical leave taken on an intermittent or reduced-schedule basis or when coordinated with workers’
compensation benefits.
Sick leave may be used for the following reasons only:
• Employee illness
• Illness in the employee’s immediate family
• Family emergency (i.e., natural disasters or life-threatening situations)
• Death in the immediate family
• Active military service
Other Local Leave (Community Sick Leave Program)
The Community Sick Leave Program provides employees with additional sick leave days in the event of
catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested only after
the member has exhausted all accumulated sick, vacation, and personal leave as well as any comp time
banked by non-exempt employees.
Should any employee experience a catastrophic illness or injury, an application may be made for
additional leave after exhausting all paid time off and after incurring five unpaid days. If the application
meets the policy’s criteria, the HR Department will solicit direct donations for that employee, who
remains anonymous during the process. Employees donating sick leave will be required to fill out a form
with the number of sick leave hours they wish to donate and forward the forms to the HR office. If the
amount of sick leave donations exceeds the amount needed, the excess is refunded back to the donating
employees on a pro-rated basis.
Written policies and procedures governing this benefit are available in the Human Resources Office.
Temporary disability
Certified employees. Any full-time employee whose position requires certification from the State
Board for Educator Certification (SBEC) is eligible for temporary disability leave. The purpose of
temporary disability leave is to provide job protection to full-time educators who cannot work for an
extended period of time because of a mental or physical disability of a temporary nature. A full-time
educator may request to be placed on temporary disability leave or be placed on leave. Pregnancy and
conditions related to pregnancy are treated the same as any other temporary disability.
Employees must request approval for temporary disability leave. The leave request must be accompanied
by a physician’s statement confirming the employee’s inability to work and estimating a probable date of
return. If disability leave is approved, the length of leave is no longer than 180 days. If disability leave is
not approved, the employee must return to work or be subject to termination procedures.
If an employee is placed on temporary disability leave involuntarily, he or she has the right to request a
hearing before the Board of Trustees. The employee may protest the action and present additional
evidence of fitness to work.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 27
When an employee is ready to return to work, the Human Resources Office should be notified at least 30
days in advance. The return-to-work notice must be accompanied by a physician’s statement confirming
that the employee is able to resume regular duties. Professional employees returning from leave will be
reinstated to the school to which they were previously assigned as soon as an appropriate position is
available. If a position is not available before the end of the school year, professional employees will be
reinstated at the beginning of the following school year.
Family and medical leave (FMLA)
Eligibility. Employees who have been employed by the Academy for at least 12 months and have worked
at least 1,250 hours in the 12 months immediately preceding the need for leave are eligible for family and
medical leave. Eligible employees can take up to 12 weeks of paid and/or unpaid leave each contract year
between for the following reasons:
• The birth, adoption, or foster placement of a child
• To care for a spouse, parent, or child with a serious health condition
• An employee’s serious health condition
• A qualifying exigency resulting from active military service of a spouse, child, or parent
A husband and wife who are both employed by the Academy are subject to limits in the amount of leave
that they can take to care for a parent with a serious health condition or for the birth, adoption, or foster
placement of a child; or to care for a covered military service member.
Military service family leave. An eligible employee is entitled to leave in accordance with state and
federal law to care for an active duty military service member who incurs a serious illness or injury in the
line of duty. The service member must be the employee’s spouse, child, parent, or next of kin. An eligible
employee may take up to 26 weeks on a one-time basis to provide care to a covered service member.
Continuation of benefits and job restoration. Eligible employees are entitled to continue their health
care benefits under the same terms and conditions as when they were on the job and are entitled to return
to their previous job or an equivalent job at the end of their leave. Under some circumstances, teachers
who are able to return to work at or near the conclusion of a semester may be required to continue their
leave until the end of the semester.
Use of paid leave. Family and medical leave runs concurrently with accrued sick and personal leave,
temporary disability leave, and absences due to a work-related illness or injury. The Academy will
designate the leave as family and medical leave, if applicable, and notify the employee that accumulated
leave will run concurrently.
Intermittent leave. In some circumstances, employees may take family and medical leave in blocks of
time or by reducing their normal weekly or daily work schedule. Intermittent leave may be taken under
the following circumstances:
• An employee is needed to care for a seriously ill spouse, child, or parent
• An employee requires medical treatment for a serious illness
• An employee is seriously ill and unable to work
• An employee becomes a parent or has a foster child placed in his or her home
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 28
Requests for FMLA. When the need for family and medical leave is reasonably foreseeable, employees
must provide 30 days advance notice to the Head of School or Human Resources Department. When the
need for leave is not foreseeable, employees must contact the Head of School’s office as soon as possible.
Employees may be required to provide the following:
• Medical certification from a qualified health care provider supporting the need for leave due to a
serious health condition affecting the employee or an immediate family member
• Second or third medical opinions and periodic recertification of the need for leave
• Periodic reports during the leave regarding the employee’s status and intent to return to work
• Medical certification from a qualified health care provider at the conclusion of leave of an
employee’s ability to return to work
• Certification of the need for family military leave
Employees requiring family and medical leave should contact the Human Resources Office for details on
eligibility, requirements, and limitations.
Workers’ compensation benefits
An employee absent from duty because of a job-related illness or injury may be eligible for workers’
compensation weekly income benefits if the absence exceeds seven calendar days.
An employee receiving workers’ compensation wage benefits for a job-related illness or injury may
choose to use accumulated sick leave or any other paid leave benefits. An employee choosing to use paid
leave will not receive workers’ compensation weekly income benefits until all paid leave is exhausted or
to the extent that paid leave does not equal the pre-illness or -injury wage. If the use of paid leave is not
elected, then the employee will only receive workers’ compensation wage benefits for any absence
resulting from a work-related illness or injury, which may not equal his or her pre-illness or -injury wage.
In the event of illness or injury, employees are be required to utilize medical service providers within the
workers’ compensation insurance network. All employees will be required to sign an acknowledgement
form affirming this requirement prior to beginning employment.
Assault leave
Assault leave provides extended job income and benefits protection to an employee who is injured as the
result of a physical assault suffered during the performance of his or her job. An injury is treated as an
assault if the person causing the injury could be prosecuted for assault or could not be prosecuted only
because that person’s age or mental capacity renders the person nonresponsible for purposes of criminal
liability.
An employee who is physically assaulted at work may take all the leave time medically necessary (up to
two years) to recover from the physical injuries he or she sustained. At the request of an employee, the
Academy will immediately assign the employee to assault leave. Days of leave granted under the assault
leave provision will not be deducted from accrued personal leave and must be coordinated with workers’
compensation benefits. Upon investigation, the Academy may change the assault leave status and charge
leave used against the employee’s accrued paid leave. The employee’s pay will be deducted if accrued
paid leave is not available.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 29
Bereavement leave
Use of state leave and/or local sick leave for death in the immediate family shall not exceed five (5)
workdays per occurance, subject to the approval of the Head of School.
Jury duty
Employees will receive leave with pay and without loss of accumulated leave for jury duty. Employees
must present documentation of the service and shall be allowed to retain any compensation they receive.
Other court appearances
Employees will be granted paid leave to comply with a valid subpoena to appear in a civil, criminal,
legislative, or administrative proceeding. Other absences for court appearances related to an employee’s
personal business must be taken as personal leave or leave without pay (if no personal leave is available).
Employees may be required to submit documentation of their need for leave for court appearances.
Military leave
Paid leave for military service. Any employee who is a member of the Texas National Guard, Texas
State Guard, or reserve component of the United States Armed Forces will be granted a paid leave of
absence without loss of any accumulated leave for authorized training or duty orders. Paid military leave
will not exceed 15 days each federal fiscal year (September 1–August 31). In addition, an employee is
entitled to use available state and local personal or sick leave during a time of active military service.
Reemployment after military leave. Employees who leave the Academy to enter into the United States
uniformed services or who are ordered to active state military duty (Texas National Guard or Texas State
Guard) may return to employment if they are honorably discharged. Employees who wish to return to the
Academy will be reemployed in the position they would have held if employment had not been
interrupted or reassigned to an equivalent or similar position provided they can be qualified to perform the
required duties. To be eligible for reemployment, employees must provide notice of their obligation or
intent to perform military service, provide evidence of honorable discharge or release, and submit an
application for reemployment to the Head of School or the Human Resources Office.
Continuation of health insurance. Employees who perform service in the uniformed services may elect
to continue their health plan coverage at their own cost for a period not to exceed 24 months. Employees
should contact the Human Resources Office for details on eligibility, requirements, and limitations.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 30
Employee relations and communications
Employee recognition and appreciation
Continuous efforts are made throughout the year to recognize employees who make an extra effort to
contribute to the success of the Academy. Employees are recognized at board meetings, and through
special events and activities.
Grievance processs
Westlake Academy shall treat all employees equitably and fairly in matters affecting employment.
As a matter of policy, employees are encouraged to first discuss any problem or concern about work with
the Head of Section. If the problem is not resolved to the employee’s satisfaction, the employee may
discuss the problem with the Head of School. The Head of School shall be the final authority in resolving
matters addressed by discussion.
If the problem or concern is not resolved to the employee’s satisfaction by discussion with the Head of
School, the employee may file a formal grievance in writing for the following reasons:
1. Dissatisfaction with specific working conditions and/or safety issues;
2. Allegation of discrimination or unfair, inequitable treatment;
3. Unfair applications, interpretation, or violation of Academy rules or regulations;
4. Disciplinary action taken against the employee.
Non-Grievable Issues
Employees may not file a grievance for certain issues or concerns. These include:
1. Performance evaluations;
2. Matters that are not subject to the control of Westlake Academy management.
Filing Process
Employees shall have the right to file a formal written grievance in accordance with the procedures of the
Academy’s grievance policy, located in the Human Resources Office.
Freedom from Reprisal
No employee acting in an official capacity shall take, infer, knowingly permit another employee, or
threaten to take any act of reprisal against an employee because of exercising or expressing an intention to
exercise their right to pursue a grievance. To be fully effective, the spirit as well as the letter of the
grievance procedure must be enforced.
Limitations and Conditions for Filing a Grievance
Employees filing a grievance must be a Westlake Academy employee. When filing a grievance, the
employee should meet with the Head of School as soon as reasonably practical, unless it is a
discrimination issue where Federal law sets the time limit.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 31
Employee conduct and welfare
Standards of conduct
All employees are expected to work together in a cooperative spirit to serve the best interests of the
Academy and to be courteous to students, one another, and the public. Employees are expected to observe
the following standards of conduct:
• Recognize and respect the rights and property of the public, students, and coworkers and maintain
confidentiality in all matters relating to students and coworkers.
• Report to work according to the assigned schedule.
• Notify their immediate supervisor in advance or as early as possible in the event that they must be
absent or late. Unauthorized absences, chronic absenteeism, tardiness, and failure to follow
procedures for reporting an absence may be cause for disciplinary action.
• Know and comply with all Academy procedures and policies.
• Observe all safety rules and regulations and report injuries or unsafe conditions to a supervisor
immediately.
• Use Academy time, funds, and property for authorized Academy business and activities only.
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 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, which all Academy employees must adhere to, is reprinted below:
Code of Ethics and Standard Practices for Texas Educators
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.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 32
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.
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.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 33
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.
Discrimination, harassment, and retaliation
It is the policy of Westlake Academy to prohibit harassment, including sexual harassment, in the workplace
by any person in any form. While acting in the course of their employment, employees shall not engage in
prohibited harassment of other persons, including board members, vendors, contractors, volunteers,
students, or parents. A substantiated charge of harassment will result in disciplinary action.
Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No
employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or
conduct, either verbal, written, visual or physical. It refers to behavior that is not welcome, that is personally
offensive, that lowers morale, and that, therefore, interferes with our work effectiveness. Sexual harassment
is also a violation of Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to
sexually harass another. Examples of sexual harassment include, but are not limited to the following:
Verbal
• unwelcome comments about appearance
• sexual jokes
• sexually explicit, derogatory, or otherwise offensive language
• humor and jokes about sex or gender-specific traits
• unwelcome and repeated flirtations, propositions, or advances
Non-Verbal
• suggestive or insulting sounds
• leering
• whistling
• obscene gestures
• display in the workplace of sexually-suggestive objects or pictures that use gender-based
stereotypes in a derogatory manner.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 34
Physical
• touching
• pinching
• "brushing" the body
• coerced sexual intercourse
• other sexual contact
Written
• suggestive notes or other written/electronic communications
Employees who believe they have been discriminated, retaliated against, or harassed are encouraged to
promptly report such incidents to the Head of School. A complaint against the Head of School may be
made directly to the Director of Human Resources or Superintendent/CEO. A complaint against the
Superintendent/CEO may be made directly to the Board of Trustees. All complaints shall be investigated
in a timely manner. If appropriate, the Academy shall promptly take interim action to prevent harassment
during the course of an investigation. The investigation may be conducted by the Head of School, the
Superintendent/CEO, Director of Human Resources, or by a third party designated by the Academy. The
investigation may consist of personal interviews with the person making the report, the person against
whom the report is filed, and others with knowledge of the circumstances surrounding the allegations.
The investigation may also include analysis of other information or documents related to the allegations.
The Academy's obligation to conduct an investigation is not satisfied by the fact that a criminal or
regulatory investigation regarding the same or similar allegations is pending. Absent extenuating
circumstances, the investigation should be completed within 10 (ten) business days from the date of the
report; however, the investigator shall take additional time if necessary to complete a thorough
investigation. In the event that a thorough investigation of an alleged incident of sexual harassment reveals
that an employee has engaged in actions or conduct constituting sexual harassment, disciplinary action will be
taken, up to and including termination.
Given the nature of this type of discrimination, false accusations of sexual harassment can have serious
effects on innocent employees. All employees should act responsibly in making such accusations. False
accusations that are determined to be intentional in nature will be investigated, and will be subject to the same
disciplinary actions. Employees will be required to attend a sexual harassment training session during their
introductory period of employment.
Harassment of students
Harassment in any form in prohibited, including but not limited to verbal, psychological, sexual, and
physical harassment. Sexual and other harassment of students by employees are forms of discrimination
and are prohibited by law. Romantic or inappropriate social relationships between students and Academy
employees are prohibited. Employees who suspect a student may have experienced harassment are
obligated to report their concerns to the Head of School, Superintendent/CEO, or other appropriate official.
All allegations of harassment or abuse of a student will be reported to the student’s parents and promptly
investigated. An employee who knows of or suspects child abuse must also report his or her knowledge or
suspicion to the appropriate authorities, as required by law. See Reporting Suspected Child Abuse, page 37
for additional information. The Academy’s policy that includes definitions and procedures for reporting
and investigating harassment of students are as follows:
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 35
Sexual harassment of a student by an Academy employee includes both welcome and unwelcome sexual
advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other
conduct or communication of a sexual nature when:
1. An Academy employee causes the student to believe that the student must submit to the conduct
in order to participate in a school program or activity, or that the employee will make an
educational decision based on whether or not the student submits to the conduct; or
2. The conduct is so severe, persistent, or pervasive that it:
a. Affects the student’s ability to participate in or benefit from an educational program or
activity, or otherwise adversely affects the student’s educational opportunities; or
b. Creates an intimidating, threatening, hostile, or abusive educational environment.
Romantic or inappropriate social relationships between students and Academy employees are prohibited.
Any sexual relationship between a student and an Academy employee is always prohibited. Sexual
harassment of a student, including harassment committed by another student, includes unwelcome sexual
advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when
the conduct is so severe, persistent, or pervasive that it:
1. Affects a student’s ability to participate in or benefit from an educational program or activity, or
creates an intimidating, threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic
performance; or
3. Otherwise adversely affects the student's educational opportunities.
Examples of sexual harassment of a student may include, but are not limited to, sexual advances; touching
intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual
nature; and other sexually motivated conduct, communications, or contact. Necessary or permissible
physical contact such as assisting a child by taking the child's hand, comforting a child with a hug, or
other physical contact not reasonably construed as sexual in nature is not sexual harassment.
Any student who believes that he or she has experienced harassment should immediately report the
alleged acts to a teacher, counselor, or other Academy employee. Any Academy employee who receives
notice that a student has or may have experienced harassment is required to immediately report the
alleged acts to the Head of School. Any other person who knows or believes that a student has
experienced harassment should immediately report the alleged acts to the Head of School.
Reports of known or suspected child abuse or neglect shall be made as required by law, and shall be made
as soon as possible after the alleged acts. A failure to promptly report alleged harassment may impair the
Academy's ability to investigate and address the harassment allegation. Oral or written reports of
prohibited harassment shall normally be made to the Head of School. A person shall not be required to
report harassment to the alleged harasser; nothing in this policy prevents a person from reporting
harassment directly to the Head of School.
A report against the Head of School may be made directly to the Superintendent/CEO; a report against the
Superintendent/CEO may be made directly to the Board.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 36
Upon receipt of a report of harassment, the Head of School or Superintendent/CEO shall promptly notify
the parents of any student alleged to have experienced prohibited harassment by an Academy employee or
another adult associated with the school. In cases of student-to-student harassment, the Academy shall
promptly notify the parents of any student alleged to have experienced harassment when the allegations
presented, if proven, would constitute sexual harassment or other prohibited harassment as defined by the
Academy’s policy.
To the extent allowed by law, the Academy shall respect the privacy of the complainant, persons against
whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a
thorough investigation and comply with applicable law. The Head of School or Superintendent/CEO may
request a written report. If a report is made orally, the Head of School or Superintendent/CEO shall
reduce the report to written form.
Upon receipt or notification of a report, the Head of School or Superintendent/CEO shall determine
whether the allegations, if proven, would constitute sexual harassment or other harassment as defined by
this policy. If so, the Head of School or Superintendent/CEO shall immediately authorize or undertake an
investigation.
If appropriate, the Academy shall promptly take interim action to prevent harassment during the course of
an investigation. The investigation may be conducted by the Head of School, the Superintendent/CEO, or
by a third party designated by the Academy. The investigation may consist of personal interviews with
the person making the report, the person against whom the report is filed, and others with knowledge of
the circumstances surrounding the allegations. The investigation may also include analysis of other
information or documents related to the allegations.
The Academy's obligation to conduct an investigation is not satisfied by the fact that a criminal or
regulatory investigation regarding the same or similar allegations is pending. Absent extenuating
circumstances, the investigation should be completed within ten business days from the date of the report;
however, the investigator shall take additional time if necessary to complete a thorough investigation.
Drug-abuse prevention
Westlake Academy is committed to maintaining an alcohol and drug-free environment and will not
tolerate the use of alcohol and illegal drugs in the workplace or on school property. This policy does not
prevent the consumption of alcohol at school-related events held offsite and not attended by children.
Employees who use or are under the influence of alcohol or illegal drugs as defined by the Texas
Controlled Substances Act during working hours may be terminated. The Academy’s policy regarding
employee drug use is as follows:
Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of
the following substances during working hours while at school or at school-related activities during or
outside of usual working hours:
1. Any controlled substance or dangerous drug as defined by law, including but not limited to
marijuana, narcotics, hallucinogens, stimulants, depressants, amphetamines, or barbiturates.
2. Alcohol or any alcoholic beverages.
3. Any abusable glue, aerosol paints, or any other chemical substance for inhalation.
4. Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 37
An employee need not be legally intoxicated to be considered "under the influence" of a controlled
substance. An employee who possesses or dispenses a substance listed above as part of the employee's
job responsibilities, or who uses a drug authorized by a licensed physician prescribed for the
employee's personal use shall not be considered to have violated this policy.
Drug-Free Schools Requirements
Westlake Academy prohibits the unlawful distribution, possession, or use of illegal drugs, inhalants, and
alcohol on school premises or as part of any of the Academy’s activities. Employees who violate this
prohibition shall be subject to disciplinary sanctions. Such sanctions may include referral to drug and
alcohol counseling or rehabilitation programs or employee assistance programs, termination from
employment with the Academy, and referral to appropriate law enforcement officials for prosecution. (41
U.S.C. 702(a)(1)(A); 28 TAC 169.2)
Compliance with these requirements and prohibitions is mandatory and is a condition of employment.
[This notice complies with notice requirements imposed by the federal Drug-Free Schools and
Communities Act Amendments of 1989 (20 U.S.C. 3224a and 34 CFR 86.201)]
Reporting suspected child abuse
All employees are required by state law to report any suspected child abuse or neglect to a law
enforcement agency, Child Protective Services, or appropriate state agency (e.g., state agency operating,
licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion. Abuse
is defined by Texas Family Code and includes any sexual conduct involving an educator and a student or
minor. Reports to Child Protective Services can be made to a 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 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 report suspected child abuse may result in prosecution for the commission of a
Class B misdemeanor. In addition, a certified employee’s failure to report suspected child abuse may
result in disciplinary procedures by SBEC for a violation of the 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 Head of School. This includes students with disabilities who are no longer minors.
Employees are not required to report their concern to the Head of School before making a report to the
appropriate agencies. In addition, employees must cooperate with child abuse and neglect investigators.
Reporting the concern to the Head of School does not relieve the employee of the requirement to report to
the appropriate state agency. Interference with a child abuse investigation by denying an interviewer’s
request to interview a student at school or requiring the presence of a parent or school administrator
against the desires of the duly authorized investigator is prohibited.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 38
Fraud and financial impropriety
All employees should act with integrity and diligence in duties involving the Academy’s financial
resources. The Academy prohibits fraud and financial impropriety, as defined below. Fraud and financial
impropriety includes the following:
• Forgery or unauthorized alteration of any document or account belonging to the Academy
• Forgery or unauthorized alteration of a check, bank draft, or any other financial document
• Misappropriation of funds, securities, supplies, other Academy assets, including employee time
• Impropriety in the handling of money or reporting of Academy financial transactions
• Profiteering as a result of insider knowledge of school information or activities
• Unauthorized disclosure of confidential or proprietary information to outside parties
• Unauthorized disclosure of investment activities engaged in or contemplated by the Academy
• Accepting or seeking anything of material value from contractors, vendors, or other persons
providing services or materials to the Academy
• Destroying, removing, or inappropriately using records, furniture, fixtures, or equipment
• Failing to provide financial records required by state or local entities
• Failure to disclose conflicts of interest as required by policy
• Any other dishonest act regarding the finances of the Academy
Conflict of interest
Employees are required to disclose to their supervisor any situation that creates a potential or real conflict
of interest with proper discharge of assigned duties and responsibilities or creates a potential or real
conflict of interest with the best interests of the Academy. This includes the following:
• A personal financial interest
• A business interest
• Any other obligation or relationship
• Nonschool employment
Gifts and favors
Employees may not accept gifts or favors that could influence, or be construed to influence, the
employee’s discharge of assigned duties. The acceptance of a gift, favor, or service by an administrator or
teacher that might reasonably tend to influence the selection of textbooks may result in prosecution of a
Class B misdemeanor offense. This does not include staff development, teacher training, or instructional
materials, such as maps or worksheets, that convey information to students or contribute to the learning
process.
It is a serious violation of standards for any employee to use his or her position with the Academy to seek
personal or professional advantages through the acceptance of gifts, gratuities, entertainment, or other
favors. Westlake Academy employees are prohibited from accepting anything of value or benefit,
including but not limited to entertainment, travel, food, and lodging, from any one person or entity the
employee knows is interested in or likely to become interested in any contract, purchase, payment, claim,
or transaction with the Academy. This provision shall not apply to gifts or things of value or benefit to
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 39
which the employee is lawfully entitled or when the individual is acting in a capacity other than as an
Academy employee.
Participation is allowed in the activities of widely attended events, such as luncheons, dinners,
hospitality rooms, and similar gatherings for the discussion of matters of mutual interest to the
Academy. Employees may accept expense-paid trips that are part of the normal business activities of
the Academy. Trips taken by employees shall be approved in advance by the Head of School.
Associations and political activities
The Academy will not discourage or prohibit employees from participating in political affairs or require
any employee to join any group, club, committee, organization, or association. Employees may join or
refuse to join any professional association or organization.
An individual’s employment will not be affected by membership or a decision not to be a member of any
employee organization that exists for the purpose of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions of work.
Use of the Academy’s resources, including work time, for political activities is prohibited.
Safety
The Academy has developed and promotes a comprehensive program to ensure the safety of its
employees, students, and visitors. The safety program includes guidelines and procedures for responding
to emergencies and activities to help reduce the frequency of accidents and injuries. To prevent or
minimize injuries to employees, coworkers, and students and to protect and conserve Academy
equipment, employees must comply with the following requirements:
• Observe all safety rules.
• Keep work areas clean and orderly at all times.
• Immediately report all accidents or incidents to their supervisor.
• Operate only equipment or machines for which they have training and authorization.
Employees with questions or concerns relating to safety and issues can contact the Head of School’s
office or the Human Resources Office.
Use of cell phones
Cell phones and personal digital assistants (PDAs) are to be turned off during instruction periods. The
Head of School may grant exceptions to this policy upon request in the event of extenuating
circumstances.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 40
Tobacco use
Smoking or using tobacco products is 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 Academy and the SBEC with access to an
employee’s current national criminal history and updates to the employee’s subsequent criminal history.
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, any offense
involving moral turpitude, 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 of school property or at a school-sponsored activity
• Crimes involving moral turpitude
Moral turpitude includes, but is not limited to, 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
• Drug or alcohol-related offenses
• Acts constituting abuse or neglect under the Texas Family Code
Possession of firearms and weapons
Employees, visitors, and students are prohibited from bringing firearms, knives, clubs or other prohibited
weapons onto school premises (i.e., building or portion of a building) or any grounds or building where a
school-sponsored activity takes place. To ensure the safety of all persons, employees who observe or
suspect a violation of the Academy’s weapons policy should report it to the school office immediately.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 41
Visitors in the workplace
All visitors are expected to enter any Academy facility through the main entrance and sign in or report to
the building’s main office. Authorized visitors will receive directions or be escorted to their destination.
Employees who observe an unauthorized individual on the Academy premises should immediately direct
him or her to the main office or contact the Head of School.
Copyrighted materials
Employees are expected to comply with the provisions of copyright law relating to the unauthorized use,
reproduction, distribution, performance, or display of copyrighted materials (i.e., printed material, videos,
computer data and programs, etc.). Rented videotapes are to be used in the classroom for educational
purposes only. Duplication or backups of computer programs and data must be made within the
provisions of the purchase agreement.
Computer use and data management
The Academy’s electronic communications systems, including its network access to the Internet, is
primarily for administrative and instructional purposes. Limited personal use of the system is permitted if
the use:
• Imposes no tangible cost to the Academy
• Does not unduly burden the Academy’s computer or network resources
• Has no adverse effect on job performance or on a student’s academic performance
Electronic mail transmissions and other use of the electronic communications systems are not confidential
and can be monitored at any time to ensure appropriate use.
Employees and students who are authorized to use the systems are required to abide by the provisions of
the this policy and any additional administrative procedures communicated by the Head of School or
Superintendent/CEO. Failure to do so can result in suspension or termination of privileges and may lead
to disciplinary action.
Pest control treatment
Employees are prohibited from applying any pesticide or herbicide without appropriate training and prior
approval of the integrated pest management (IPM) coordinator. Any application of pesticide or herbicide
must be done in a manner prescribed by law and the Academy’s integrated pest management program.
Notices of planned pest control treatment will be posted in affected building(s) 48 hours before the
treatment begins. Notices are generally located in the Teachers lounge. Pest control information sheets
are available from the Director of Facilities upon request.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 42
General procedures
Bad weather closing
The Academy may close because of bad weather or emergency conditions. When such conditions exist,
the Head of School will make the official decision concerning the closing of the Academy’s facilities.
When it becomes necessary to open late or to release students early, notifications will be sent to the
following television stations and posted on the Academy’s website:
FOX4 – Channel 4 KXAS TV – Channel 5 WFAA TV – Channel 8
KTVT TV – Channel 11 WBAP Radio – AM 820 KRLD Radio – AM 1020
Emergencies
All employees should be familiar with the evacuation routes of their work areas. Fire, tornado, and other
emergency drills will be conducted to familiarize employees and students with evacuation procedures.
Fire extinguishers are located throughout the Academy. Employees should know the location of the
extinguishers nearest their place of work and how to use them.
Purchasing procedures
All requests for purchases must be submitted to the Head of School. The Academy will not reimburse
employees or assume responsibility for purchases made without prior authorization. Employees are not
permitted to purchase supplies or equipment for personal use through the Academy’s business office.
Contact the Head of School or Finance Director for additional information on purchasing procedures.
Name and address changes
It is important that employment records be kept up to date. Employees must notify the Human Resources
Office office if there are any changes or corrections pertaining to to their name, home address, home
telephone number, marital status, emergency contacts, or beneficiary. Forms to process a change in
personal information can be obtained from the Human Resources Office.
Personnel records
Most Academy records, including personnel records, are public information and must be released upon
request. Employees may choose to have the following personal information withheld:
• Address
• Phone number
• Social Security number
• Information that reveals whether they have family members
The choice to not allow public access to this information may be done at anytime by submitting a written
request to withhold personal information. New or terminating employees have 14 days after hire or
termination to submit a request. Otherwise, personal information will be released to the public.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 43
Travel Policy/expense reimbursement
Before any travel expenses are incurred by an employee, the Head of School or CEO/Superintendent must
give approval. For approved travel, employees will be reimbursed for mileage and other travel
expenditures according to the current rate schedule established by the Internal Revenue Service.
Employees must submit receipts to be reimbursed for expenses other than mileage.
Event/Travel Procedures
The following guidelines and standards shall be utilized when traveling on Academy business:
A. Registration
1. Direct payment to the sponsor of the event is preferable.
2. In the event direct payment to the sponsor is impossible, an individual attendee will be
reimbursed for the actual cost of the registration and/or event costs.
3. Full advantage should be taken of any pre-registration discounts when possible.
4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as payment
or reimbursement justification.
B. Transportation
1. Transportation arrangements are based on what provides the most economic advantage to
Westlake Academy.
2. Airfare will be paid directly to the carrier, travel agency (or reimbursed), based on coach fare,
utilizing all prepaid, special, or discount fares as may be available.
C. Public Carrier Fares and Car Rental
1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on the
geographic area.
2. Car rental reimbursement will be reviewed upon submission and/or receipt and prevailing
rental rates paid. If necessary, other circumstances will be evaluated in determining
additional reimbursement for the rental.
3. Discounts and special rates should be utilized whenever possible.
D. Personal Vehicle or Town Owned Vehicle Use
1. Employees using their own vehicle will be eligible to receive a mileage allowance at a rate in
accordance with the Internal Revenue Service allowance. Reimbursement will be based upon
actual mileage from the employee’s regular place of work to their destination, or from home
to destination whichever is less.
2. If an employee is required to attend training for an extended period of time (longer than one
work week), the place of training will become the employees regularly assigned workplace
until such training is completed. An employee will not be eligible for mileage reimbursement
in such an instance.
3. To receive mileage reimbursement, the event, seminar, class, etc. must be required by the
Academy or approved as personal development related to the job of the employee.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 44
E. Overnight Accommodations
1. Room rental will be based on the actual cost of the room, plus tax and parking. Direct
payment or billing from the hotel is preferred.
2. Personal items such as personal telephone calls and movies are not reimbursable. When travel
time exceeds a day, one night’s accommodations to the event and one night’s accommodation
on the return trip may be reimbursed.
3. Receipts are required for all reimbursements.
4. Overnight accommodations should not exceed what is considered mid-range in terms of cost
and should take into account the distance from the conference site in order to reduce
transportation costs.
F. Meals and Incidental Expenses
1. Meals will be reimbursed upon presentation of receipts when travel is outside of the Town of
Westlake for attendance at a seminar, training class, or full day meeting.
2. Meals will be reimbursed at a maximum of $10.00 for breakfast, $15.00 for lunch, and
$20.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the
difference.
3. There is a maximum daily reimbursement of $45.00 for meals. Amounts not used for a meal
cannot be applied to another meal.
Submittal of Completed Expense Report
Employee must document any expenses incurred on an Employee Expense Report (see Appendix
section). Receipts must accompany the report to substantiate any requested reimbursement.
Expenses must be submitted to the Head of School for approval. Expense reports should be
submitted to the Finance Department within ten (10) days of returning from travel.
Building use
The Director of Facilities is responsible for scheduling the use of facilities after school hours. Contact the
Director of Facilities to request use of school facilities and to obtain information on the fees charged.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 45
Termination of employment
Resignations
Contract employees. Contract employees may resign their position without penalty at the end of any
school year if written notice is received 45 days before the first day of instruction of the following school
year. A written notice of resignation should be submitted to the Head of School. Contract employees may
resign at any other time only with the approval of the Head of School. Resignation without the consent of
the Head of School may result in disciplinary action by the State Board for Educator Certification
(SBEC).
The Head of School will notify SBEC when an employee resigns and reasonable evidence exists to
indicate that the employee has engaged in any of the acts listed in Reports to the State Board for Educator
Certification section on page 42.
Noncontract employees. Noncontract employees may resign their positions at any time. A written notice
of resignation should be submitted to the Head of School and the Human Resources office at least two
weeks prior to the effective date. Employees are encouraged to include the reasons for leaving in the letter
of resignation but are not required to do so.
Dismissal or non-extension of contract employees
Employees on professional contracts can be dismissed during the school year or, not extended at the end
of the contract term in accordance with law and Board policy. Contract employees dismissed during the
school year, suspended without pay, or subject to a reduction in force shall receive notice of the
recommended action, an explanation of the charges or reasons and an opportunity for appropriate process
and review. Time lines and procedures to be followed will be provided when written notice of the pending
action is issued. Advance notification will not apply when a contract employee is dismissed for failing to
obtain or maintain appropriate certification.
Suspension/administrative leave of contract employees
Contract employees may be suspended with pay or placed on administrative leave by the Head of School
or Superintendent/CEO during an investigation of alleged misconduct by the employee, or at any time
that the Head of School or Superintendent/CEO determines that the Academy’s best interest will be
served by the suspension or administrative leave.
Dismissal of noncontract employees
Noncontract employees are employed at will and may be dismissed without notice, a description of the
reasons for dismissal, or a hearing. It is unlawful for the Academy to dismiss any employee for reasons of
race, religion, sex, national origin, disability, military status, any other basis protected by law, or in
retaliation for the exercise of certain protected legal rights. Noncontract employees who are dismissed
have the right to grieve the termination. The dismissed employee must follow the process outlined in this
handbook when pursuing the grievance. (See Complaints and Grievances policy)
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 46
Exit interviews and procedures
Exit interviews will be scheduled for all employees leaving the Academy by the Human Resources
Office. Information on the continuation of benefits, release of information, and procedures for requesting
references will be provided at this time. Separating employees are asked to provide the Academy with a
forwarding address and phone number and complete a questionnaire that provides the Academy with
feedback on his or her employment experience.
All Academy keys, books, property, and equipment must be returned upon separation from employment.
The Academy may withhold the cost of any unreturned items from the final paycheck.
Reports to the State Board for Educator Certification
The dismissal or resignation of a certified employee will be reported to the SBEC when the Head of
School first learns about an alleged incident of conduct that involves the following:
• A reported criminal history
• Any form of sexual/physical abuse of a minor or any other illegal conduct with a student or a
minor
• Soliciting or engaging in sexual conduct or a romantic relationship with a student or minor
• The possession, transfer, sale, or distribution of a controlled substance
• The illegal transfer, appropriation, or expenditure of school property or funds
• An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that
would entitle the individual to a professional position or to receive additional compensation
associated with a position
• Committing a crime on school property or at a school-sponsored event
• Violating assessment instrument security procedures
Reports concerning court-ordered withholding
The Academy is required to report the termination of employees that are under court order or writ of
withholding for child support or spousal maintenance to the court and the individual receiving the support
(Texas Family Code §8.210, 158.211). Notice of the following must be sent to the court and support
recipient:
• Termination of employment not later than the seventh day after the date of termination
• Employee’s last known address
• Name and address of the employee’s new employer, if known
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 47
Student issues
Equal educational opportunities
Westlake Academy does not discriminate on the basis of race, color, religion, national origin, gender, or
disability in providing education services, activities, and programs, including vocational programs, in
accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational
Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.
Questions or concerns about discrimination of students on the basis of race, color, religion, sex, disability,
or national origin should be directed to the Head of School.
Student records
Student records are confidential and are protected from unauthorized inspection or use. Employees should
take precautions to maintain the confidentiality of all student records. Only the following individuals are
authorized to have general access to a student’s records:
• Parents of a minor or of a student who is a dependent for tax purposes
• The student (if 18 or older or attending an institution of postsecondary education)
• School officials with legitimate educational interests
The Parent/Student Handbook provides parents and students with detailed information on student records.
Parents or students who want to review student records should be directed to the Head of School for
assistance.
Parent and student complaints
In an effort to hear and resolve parent and student complaints in a timely manner and at the lowest
administrative level possible, the Academy has adopted orderly processes for handling complaints on
different issues. The Head of School’s office can provide parents and students with information on filing
a complaint.
Parents are encouraged to discuss problems or complaints with the teachers at any time. Parents and
students with complaints that cannot be resolved should be directed to the Head of School. The formal
complaint process provides parents and students with an opportunity to be heard up to the highest level of
management if they are dissatisfied with a Head of School’s response. Once all administrative complaint
procedures are exhausted, parents and students can bring complaints to the Superintendent/CEO or the
Board of Trustees.
Administering medication to students
Only designated employees can administer prescription medication, nonprescription medication, and
herbal or dietary supplements to students. A student who must take medication during the school day
must bring a written request from his or her parent and the medicine, in its original, properly labeled
container. Contact the Head of School or the school nurse for information on procedures that must be
followed when administering medication to students.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 48
Dietary supplements
Westlake Academy employees are prohibited by state law from knowingly selling, marketing, or
distributing a dietary supplement that contains performance-enhancing compounds to a student with
whom the employee has contact as part of his or her Academy duties. In addition, employees may not
knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a performance-
enhancing dietary supplement to any student.
Psychotropic drugs
A psychotropic drug is a substance used in the diagnosis, treatment, or prevention of a disease or as a
component of a medication. It is intended to have an altering effect on perception, emotion, or behavior
and is commonly described as a mood- or behavior-altering substance.
Academy employees are prohibited by state law from doing the following:
• Recommending that a student use a psychotropic drug
• Suggesting a particular diagnosis
• Excluding from class or school-related activity a student whose parent refuses to consent to a
psychiatric evaluation or to authorize the administration of a psychotropic drug to a student
Student discipline
Students are expected to follow the classroom rules, and rules listed in the Parent/Student Handbook.
Teachers and administrators are responsible for taking disciplinary action based on a range of discipline
management strategies that have been adopted by the Academy. Other employees that have concerns
about a particular student’s conduct should contact the classroom teacher or Head of School.
Teachers must file a written report with the Head of School or another appropriate administrator when
they have knowledge that a student has violated the Student Code of Conduct. A copy of this report will
be sent by the Head of School to the student’s parents within 24 hours.
Student attendance
Teachers and staff should be familiar with the Academy’s policies and procedures for attendance
accounting. These procedures require minor students to have parental consent before they are allowed to
leave the Academy campus. When absent from school, the student, upon returning to school, must bring a
note signed by the parent that describes the reason for the absence. These requirements are addressed in
campus training and in the Parent/Student Handbook. Contact the Head of School for additional infor-
mation.
Bullying
All employees are required to report student complaints of bullying to the Head of School. The
Academy’s policy containing definitions and procedures for reporting and investigating bullying of
students may be found in the Academy Parent/Student Handbook.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 49
Hazing
Students must have prior approval from the Head of School or designee for any type of “initiation rites”
of a school club or organization. Any teacher, administrator, or employee who observes a student engaged
in any form of hazing, who has reason to know or suspect that a student intends to engage in hazing, or
has engaged in hazing must report that fact or suspicion to the Head of School.
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 50
Index
A
Administering medication to students
Administration
Alcohol and drug testing
Annualized compensation
Arrests and convictions
Asbestos management plan
Assault leave
Associations
At-will employment
Automatic payroll deposits
B
Bad weather closing
Benefits
cafeteria plan
continuation
leave
other
teacher retirement
workers’ compensation
Bereavement leave
Board
meeting schedule
members
of trustees
Building use
Bullying
C
Cafeteria plan benefits
Certification
first aid and CPR
parent notification
Change of address
Child abuse reporting
Code of ethics
Committees
Communication
Compensation
Complaints
employee
parent and student
Compliance coordinators
Computer use
Conflict of interest
Contract
employment
noncertified employees
Copyrighted materials
Court appearances
Court-ordered withholdings
D
Data management
Dietary supplements
Directories
helpful contacts
school
Disclaimer
Dismissal
contract employees
noncontract employees
Academy
communications
goals and objectives
information
map
mission statement
Drug-abuse prevention
Drugs, psychotropic
E
Emergencies
Employee
conduct and welfare
involvement
recognition
Employment
after retirement
at-will
contract
decisions
outside
Equal educational opportunities
Equal employment opportunity
Exit interviews
F
Family and medical leave
Firearms
Fraud
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 51
G
General procedures
Gifts and favors
Goals and objectives
Grievances
H
Handbook
application
design
distribution
legal considerations
legal review
Harassment
student
Hazing
Health insurance
Helpful contacts
I
Insurance
health, dental, and life
supplemental
unemployment
workers’ compensation
J
Job vacancy announcements
Jury duty
L
Leave
accrual
assault
bereavement
court appearances
discretionary
family and medical
jury duty
local
medical certification
military
nondiscretionary
personal
sick
temporary disability
workers’ compensation
Leaves and absences
M
Medications
Military leave
Mission statement
N
Name and address changes
No Child Left Behind Act
Nonrenewal
O
Outside employment
Overtime
compensatory time off
defined
pay
P
Parent and student complaints
Parent notification
Paychecks
deductions
Payroll
schedule
statements
Performance evaluation
Personal leave
Personnel records
Pest control treatment
Policy changes
Political activities
Possession of weapons
Psychotropic drugs
Publications
Purchasing procedures
R
Reassignments
Reports to SBEC
Resignations
contract employees
noncontract employees
Retirement
benefits
employment
Westlake Academy 2008-2009 Personnel Manual – adopted 8/21/08 Page 52
S
Safety
Salaries
School
calendar
closing
director
Sexual Harassment
Sick leave
Staff development
Standards of conduct
Stipends
Student
attendance
complaints
discipline
issues
medication
records
Student harassment
Supplemental insurance
T
Teacher retirement
Temporary disability leave
Termination
dismissal during the contract term
exit interviews
noncontract employees
nonrenewal
reports
reports to SBEC
resignations
Tobacco use
Transfers
Travel expense reimbursement
Tutoring
insurance
Workload
U
Unemployment compensation insurance
V
Visitors
W
Wages
Weapons
Workers’ compensation
benefits