Employee conduct and welfare
Standards of conduct
Policy DH
All employees are expected to work together in a cooperative spirit to serve the best interests of the district and to be courteous to students, one another, and the public. Employees are expected to observe the following standards of conduct:
All district employees should perform their duties in accordance with state and federal law, district policy, and ethical standards for professional educators. 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 49 for additional information.
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.
Professional Standards
1. Professional Ethical Conduct, Practices, and Performance
Standard 1.1
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The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution. |
Standard 1.2
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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
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The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. |
Standard 1.4
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The educator shall not use institutional or professional privileges for personal or partisan advantage. |
Standard 1.5
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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
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The educator shall not falsify records, or direct or coerce others to do so. |
Standard 1.7
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The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws. |
Standard 1.8
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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. |
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. |
Harassment
Policies DHB, FNCL
Harassment of a coworker or student motivated by race, color, religion, national origin, disability, or age is a form of discrimination and is prohibited by law. A substantiated charge of harassment against a student or employee shall result in disciplinary action. The term harassment includes repeated unwelcome and offensive slurs, jokes, or other oral, written, graphic, or physical conduct relating to an individual’s race, color, religion, national origin, disability, or age that creates an intimidating, hostile, or offensive educational or work environment.
Employees who believe they have been harassed are encouraged to promptly report such incidents to the campus principal or supervisor. If the campus principal or supervisor is the subject of a complaint, the employee shall report the complaint directly to the superintendent. An employee who suspects or knows that a student is being harassed by a school employee or by another student shall inform his or her principal or immediate supervisor.
Any allegation of harassment of students or employees shall be investigated and addressed. An employee may appeal the decision of the principal or supervisor regarding the investigation into the allegations in accordance with the employee complaint and grievance policy and procedures (See Complaints and grievances, page 26). To the greatest extent possible, complaints shall be treated as confidential. Limited disclosure may be necessary to complete a thorough investigation. The district will not retaliate against an employee who in good faith reports perceived harassment.
Sexual harassment
Policies DHC, FNCJ, FFG
Employee-to-employee. Sexual harassment of a coworker is a form of discrimination and is prohibited by law. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct under the following conditions:
Employees who believe that they have been sexually harassed by another employee are encouraged to come forward with complaints. The district will promptly investigate all allegations of sexual harassment and will take prompt appropriate disciplinary action against employees found to have engaged in conduct constituting sexual harassment of other employees. The district’s policy outlining the process of filing complaints of sexual harassment is reprinted below:
EMPLOYEE-TO- EMPLOYEE |
Employees shall not engage in conduct constituting sexual harassment of other employees. [See DHC(EXHIBIT)] Employees who believe they have been sexually harassed by other employees are encouraged to come forward with complaints. District officials or their agents shall investigate promptly all allegations of sexual harassment of employees by other employees, and officials shall take prompt and appropriate disciplinary action against employees found to have engaged in conduct constituting sexual harassment of employees. |
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For the purpose of the following complaint process, "days" mean calendar days. An employee who believes he or she has been or is being subjected to any form of sexual harassment shall bring the matter to the attention of the principal, immediate supervisor, or Title IX coordinator for employees. No procedure or step in this policy shall have the effect of requiring the employee alleging harassment to present the matter to a person who is the subject of the complaint. |
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The employee shall request a conference with the principal or immediate supervisor by submitting the complaint in writing or by requesting a conference. If the complaint is made orally, the supervisor receiving the complaint shall reduce it to writing. The principal or supervisor shall hold the conference as soon as possible, but in any event within seven days after receipt of the complaint. The principal or supervisor shall ordinarily have seven days following the conference within which to investigate and respond. The employee shall be informed if extenuating circumstances delay the investigation. |
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If the outcome of the conference at Level One is not to the employee's satisfaction, the employee may request a conference with the Superintendent or designee to discuss the complaint. The request should be in writing and shall be filed within seven days following receipt of a written response or, if no written response is received, within seven days of the response deadline. The Superintendent or designee shall hold the conference as soon as possible but in any event within seven days after receipt of the written request. The Superintendent or designee shall have seven days following the conference within which to respond. |
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If the outcome at Level Two is not to the employee's satisfaction or if the time for a response has expired, the employee may present the complaint to the Board. The Superintendent shall place the matter on the agenda for the next regular Board meeting. [See BE(LOCAL)] The Superintendent or designee shall provide the Board with copies of the employee's original complaint, all responses, and any written documentation previously submitted by the employee and the administration. The Level Three proceeding before the Board shall be recorded by audio tape. The presiding officer shall allow a reasonable time for presentation of the complaint. The Board shall consider the grievance and shall request a response from the administration. |
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The Board may hear the allegation of sexual harassment in closed meeting, if posted in accordance with law, unless an open hearing is requested in writing by the employee or Board member against whom the complaint or charge is brought. |
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EMPLOYEE-TO- STUDENT |
Employees shall not engage in conduct constituting sexual harassment or sexual abuse of students. Sexual harassment includes any welcome or unwelcome sexual advances, requests for sexual favors, and other verbal (oral or written), physical, or visual conduct of a sexual nature. [See DHC(LEGAL)] Romantic relationships between District employees and students constitute unprofessional conduct and are prohibited. |
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REPORTING REQUIREMENTS |
Any District employee who receives information about sexual harassment or sexual abuse of a student that may reasonably be characterized as known or suspected child abuse or neglect shall make the reports to appropriate authorities, as required by law. [See FFG(LEGAL)] An employee who suspects or knows that a student is being sexually harassed or sexually abused by a school employee or by another student shall inform his or her principal, immediate supervisor, or Title IX coordinator. The District shall notify parents of any incident of sexual harassment or sexual abuse by an employee. |
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INVESTIGATIONS |
Any allegations of sexual harassment or sexual abuse of students shall be investigated and addressed. In considering and investigating allegations that an employee has sexually harassed or sexually abused a student [see DHC (LEGAL)], the investigation shall proceed from the presumption that the employee's conduct was unwelcome. [See also FNCJ(LOCAL), which contains the complaint procedure for students alleging sexual harassment or sexual abuse by an employee or by another student] |
DATE ISSUED: 08/25/1999 |
Employee-to-student. Sexual harassment of students by employees is a form of discrimination and is prohibited by law. Sexual harassment of students includes any welcome or unwelcome sexual advances, requests for sexual favors, and other oral, written, physical, or visual conduct of a sexual nature. Romantic relationships between district employees and students are strictly prohibited. Other prohibited conduct includes the following:
In most instances, sexual abuse of a student by an employee violates the student’s constitutional right to bodily integrity. Sexual abuse may include, but is not limited to, fondling, sexual assault, or sexual intercourse.
Employees who suspect a student is being sexually harassed or abused by another employee are obligated to report their concerns to the campus principal. All allegations of sexual harassment or sexual abuse of a student will be reported to the student’s parents and promptly investigated. Conduct that may be characterized as known or suspected child abuse also will be reported to the appropriate authorities, as required by law. Employees with questions or concerns relating to the alleged sexual harassment of a student should immediately contact their Campus Principal or Supervisor
Drug-abuse prevention
Policies DH, DI
Troup ISD is committed to maintaining a drug-free environment and will not tolerate the use of illegal drugs in the workplace. 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 dismissed. The district’s policy on drug abuse and drug-free schools follows:
ALCOHOL AND DRUGS |
A copy of this policy, the purpose of which is to eliminate drug abuse from the workplace, shall be provided each employee at the beginning of each year or upon employment. |
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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:
An employee need not be legally intoxicated to be considered "under the influence" of a controlled substance. |
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An employee who manufactures, 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. |
DI (Exhibit
DRUG-FREE SCHOOLS REQUIREMENTS
The District prohibits the unlawful distribution, possession, or use of illegal drugs, inhalants, and alcohol on school premises or as part of any of the District'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 District, and referral to appropriate law enforcement officials for prosecution. [See policies at DH and DHE] 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
Policy DG, DH, FFG, GRA
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. Reports to Child Protective Services can be made to (903)595-4841 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 district 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 campus principal. This includes students with disabilities who are no longer minors. Employees are not required to report their concern to the principal before making a report to the appropriate agencies. In addition, employees must cooperate with child abuse and neglect investigators. Reporting the concern to the principal 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.
Associations and political activities
Policy DGA
The district will not directly or indirectly discourage 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.
Safety
Policy CK
The district 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 district 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 to their supervisor.
• Operate only equipment or machines for which they have training and authorization.
Employees with questions or concerns relating to safety programs and issues can contact Mr. Dewayne Brown, Executive Director of Support Services.
Tobacco use
Policies DH, GKA, FNCD
Smoking or using tobacco products is prohibited on all district-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. Drivers of district- owned vehicles are prohibited from smoking while inside the vehicle. Notices stating that smoking is prohibited by law and punishable by a fine are displayed in prominent places in all school buildings.
Employee arrests and convictions
Policy DH
An employee who is arrested for any felony or any offense involving moral turpitude must report the arrest to the principal or immediate supervisor within three calendar days of the arrest. An employee who is convicted of or receives deferred adjudication for such an offense must also report that event to the principal or immediate supervisor within three days of the event. 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 under the Texas Family Code
Possession of firearms and weapons
Policies FNCG, GKA
Employees, visitors, and students are prohibited from bringing firearms, knives, or other weapons onto school premises 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 district’s weapons policy should report it to their supervisors or call the Superintendent immediately.
Visitors in the workplace
Policy GKC
All visitors are expected to enter any district 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 district premises should immediately direct him or her to the building office or contact the administrator in charge.
Copyrighted materials
Policy EFE
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
Policy CQ
The district’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 district
• Does not unduly burden the district’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 district’s communications systems policy and administrative procedures. Failure to do so can result in suspension or termination of privileges and may lead to disciplinary action. Employees with questions about computer use and data management can contact Ms. Shannon Capps, Executive Director of Technology.
Gifts and favors
Policy DBD
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.
Asbestos management plan
Policy CKA
The district is committed to providing a safe environment for employees. An accredited management planner has developed an asbestos management plan for each piece of district property. A copy of the district’s management plan is kept in the Executive Director of Support Services office and is available for inspection during normal business hours.
Pest control treatment
Policy DI
Notices of planned pest control treatment will be posted in a district building 48 hours before the treatment begins. Notices are generally located at or near the front entrance of the facility being treated. Pest control information sheets are available from campus principals or facility managers upon request.