Correctional Employees Rules of Conduct Course Correctional Services Unit I Professionalism Essential Question What guidelines have been established for the daily duties of a correctional officer? TEKS §130.297(c) (1)(B)(C)(D) (2)(A) Prior Student Learning History of Corrections Estimated Time 4 hours Rationale Employees of correctional facilities are responsible for knowing, understanding and clarifying the facility’s rules and regulations. These guidelines are established to assist correctional staff in the administration of their daily duties. Objectives The student will be able to: 1. Define key terms. 2. Define the five most common violations. 3. Identify employer expectations of punctuality, attendance, and time management. 4. List timeframes in reporting an arrest or conviction. 5. Discuss alternate forms of discipline. 6. Outline the procedures of the disciplinary hearing process. 7. List the types of punishment that can be used during a disciplinary hearing. 8. Examine each rule of conduct violation. 9. Analyze personal responsibilities and preferences to determine requirements for employment in correctional services. Engage Do an Internet search for the following: Video: Corrections Officer Accused Of Improper Conduct With Inmate. Use the video and the following questions for a class discussion. Use the Discussion Rubric for assessment. What rule of conduct was violated? Was it a violation of a law as well? What other rules of conduct violation may exist within this relationship? What should the consequences of this violation be? What are some warning signs to look for when employees are having inappropriate relationships with inmates? Key Points I. Key Terms A. Violation – may consist of any one or combination of the following 1. Engaging in a specific prohibited behavior 2. Attempting, conspiring, or engaging in, or aiding others in attempting, conspiring, or engaging in specific prohibited behavior (TDCJ, 2009) 3. Failure to act where required by rule or order B. Offender – an individual under the supervision, custody, or 1 Copyright © Texas Education Agency, 2012. All rights reserved. incarceration of the Texas Department of Criminal Justice (TDCJ), including a TDCJ offender housed in federal, county, or other state’s facilities (TDCJ, 2009) C. Preponderance of Information – evidence of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proven is more probable than not. Preponderance is not determined by the number, but by the greater weight of all credible evidence (TDCJ, 2009) D. Conviction – a judgment, plea of guilt, verdict, nolo contendre, or judicial finding of guilt II. Behaviors Expected of Employees A. Report to work on time (punctual attendance) B. Report to work unless physically unable (regular attendance) C. Complete duties as assigned D. Know the rules of conduct and the guidelines of the employment agency E. Report any arrests and convictions within 48 hours and before returning to work III. Rules of Conduct Violations (TDCJ, 2009) A. Level One Violations (most severe) 1. Reckless endangerment – life endangerment 2. Gambling on state property 3. Possession, delivery, or removal of the following a) Alcoholic beverage b) Controlled substance c) Deadly weapon without authorization 4. Delivery of the following to an offender a) A drug other than an authorized controlled substance for medical purposes b) Cell phone c) Cigarette or other form of tobacco d) Money 5. Use of alcohol or illicit drugs on the job 6. Discrimination/harassment against persons of a protected class/retaliation 7. Harassing or retaliating against an offender or another individual for participating in an official investigation/inquiry or for pursuing legal activities (i.e., petitioning the courts) 8. Use of excessive/unnecessary force – unprovoked with serious injuries 9. Failure to report, relating to use of excessive/unnecessary force – unprovoked with serious injuries 10. Conviction of a felony 11. Committing bribery 12. Aiding and abetting an escape 2 Copyright © Texas Education Agency, 2012. All rights reserved. 13. Conviction of a misdemeanor for an offense involving domestic violence by an employee who is required or authorized to carry a firearm 14. Possession, use, sale or delivery of illicit drugs/drug paraphernalia 15. Cohabitation with an offender 16. Sexual misconduct with an offender 17. On-duty or off-duty conduct 18. Tampering with a witness 19. Failure to submit to a search 20. Falsification of the state of Texas application for employment 21. Refusal to submit to alcohol or drug tests 22. Failure to have a negative alcohol/drug test result or failure to comply with conditions of a substance abuse treatment agreement 23. Misuse of Official Authority or Information B. Level Two Violations 1. Sleeping on duty 2. Leaving a security/duty post 3. Reckless endangerment – endangerment less than life endangerment 4. Falsification of records 5. Unauthorized taking or use of personal property 6. Failure to obey a proper order from an authority 7. Use of slurs/hostile epithets 8. Instigating or participating in a physical confrontation or altercation 9. Possession of any contraband other than those items listed in rule 18a 10. Trafficking and/or trading of any contraband other than those items listed in rule 18a or 18b 11. Violation of statutory authority/court order/rules/regulations/policies 12. Harassing or retaliating against another individual 13. Mistreatment of offenders 14. Use of excessive/unnecessary force – provoked with serious injuries 15. Use of excessive/unnecessary force – non-provoked without serious injuries 16. Failure to report, relating to a use of excessive/unnecessary force – provoked with serious injuries 17. Failure to report, relating to a use of excessive/unnecessary force – unprovoked without serious injuries 18. Administrative/procedural violation of a security nature relating to use of force 19. Damage, destruction, misappropriation, or unauthorized use of agency equipment or property 20. Refusal to cooperate with an official inquiry/investigation 3 Copyright © Texas Education Agency, 2012. All rights reserved. 21. Destroying evidence or giving false testimony/information 22. Accepting goods, money, services, favors, or honoraria 23. Denial of uniform access to courts 24. Failure to provide notification of offender relationship 25. Continuation/establishment of offender relationship that jeopardizes security or compromises the employee (other than cohabitation or sexual misconduct) 26. Discourteous conduct of a sexual nature C. Level Three Violations 1. Unexcused absenteeism 2. Reckless endangerment – hazing or horseplay without injury 3. Use of profane/abusive language/gestures 4. Instigating or participating in a verbal confrontation or altercation 5. Use of excessive/unnecessary force - provoked without serious injuries 6. Failure to report, relating to use of excessive/unnecessary force - provoked without serious injuries 7. Failure to report, relating to minor or non-excessive and necessary use of force 8. Administrative/procedural violation relating to use of force 9. Failure to turn in all evidence seized 10. Insubordination 11. Conviction of any other misdemeanor (except for drug-related offenses) 12. Failure to report use of certain prescription drugs 13. Failure to report an alleged act of discrimination/harassment against persons of a protected class, discourteous conduct of a sexual nature or retaliation; did not take corrective/preventive action D. Level Four Violations 1. Tardiness (less than one hour) 2. Substandard duty performance 3. Failure to follow proper safety procedures 4. Unauthorized sales/solicitations on state premises 5. Negligent operation of an agency vehicle 6. Technical violation relating to use of force 7. Improper or untidy uniforms 8. Misconduct 9. Failure to provide an emergency contact number 10. Failure to report an alleged act of discrimination/harassment against persons of a protected class, discourteous conduct of a sexual nature or retaliation; took corrective/preventive action IV. Alternate forms of Discipline (TDCJ, 2009) A. Supervisory Counseling – supervisors will discuss with the employee the need to correct the behavior and the steps needed to correct behavior 4 Copyright © Texas Education Agency, 2012. All rights reserved. B. Employee Performance Log Entry – an entry will be made in the Employee Performance Log, which will ultimately be used to evaluate the employee’s overall performance C. A letter of instruction 1. A letter identifying a) The employee’s specific inappropriate action and the appropriate action to be taken when a similar situation occurs in the future, or b) The specific ongoing area of concern and a specific timeframe to correct the unacceptable conduct 2. A letter of instruction negatively affects an employee’s performance evaluation rating for adherence to the expected standards of conduct 3. More serious than supervisory counseling or an entry in the Employee Performance Log D. Temporary reassignment 1. Used to limit an employee’s contact with offenders or other employees 2. Must be a period that is less than 6 months 3. Must contain one of the following options a) Assigning the employee to work a noncontact position within the unit/department b) Coordinating with the Regional/Assistant Director (or higher level of authority) to temporarily move to another unit/department, or c) Contacting the Human Resources Director for placement assistance E. Note: Supervisors are expected to take action, other than disciplinary actions, whenever possible V. Discipline Hearing Process A. Prehearing Investigation 1. Allegations against the employee are investigated within 10 days 2. If the allegations are substantiated, a disciplinary hearing is scheduled 3. The employee is then notified of the hearing date B. Employee Discipline Hearing 1. The employee is notified 24 hours in advance 2. The hearing is scheduled on a weekday between 8 am and 5 pm C. Factors affecting Discipline Action 1. The seriousness of the violation 2. The employee’s a) Work history b) Job performance c) Length of service 3. The Guidelines for Disciplinary Actions 5 Copyright © Texas Education Agency, 2012. All rights reserved. 4. Whether or not the employee is a supervisor 5. Aggravating or mitigating circumstances 6. Whether or not the violation is a subsequent violation VI. Disciplinary Actions A. General Provisions 1. The Reprimanding Authority (RA) will use the Guidelines for Disciplinary Actions that are effective when the disciplinary action is imposed regardless of the date that the violation occurred 2. The date of the disciplinary action is the date that the RA records it on the Reprimand Form B. Types 1. Reprimand only 2. Reprimand with action a) Disciplinary probation b) Suspension without pay c) Reduction in pay d) Demotion 3. Dismissal C. Range (TDCJ, 2009) 1. Level One Violations a) Dismissal only 2. Level Two Violations a) First (1) Probation 6–9 months (2) Withdrawal of favorable payroll action (3) Suspension without pay 1–20 workdays (4) Reduction in pay1–2 increments or at least 3.4% or 6.8% (5) Involuntary demotion (must be to a budget authorized position) 1–2 salary groups (6) Dismissal b) Second (1) Probation 10–12 months (2) Withdrawal of favorable payroll action (3) Suspension without pay 1–30 workdays (4) Reduction in pay 2–3 increments or at least 6.8% or 10.2% (5) Involuntary demotion (must be to a budget authorized position) 1–3 salary groups (6) Dismissal c) Third (1) Dismissal only 3. Level Three Violations a) First (1) Probation 3–4 months (2) Withdrawal of favorable payroll action 6 Copyright © Texas Education Agency, 2012. All rights reserved. (3) Suspension without pay 1–5 workdays b) Second (1) Probation 5–8 months (2) Withdrawal of favorable payroll action (3) Suspension without pay 1–10 workdays (4) Reduction in pay 1–2 increments or at least 3.4% or 6.8% (5) Involuntary demotion (must be to a budget authorized position) 1–2 salary groups c) Third (1) Probation 9–12 months (2) Withdrawal of favorable payroll action (3) Suspension without pay 1–15 workdays (4) Reduction in pay 2–3 increments or at least 6.8% or 10.2% (5) Involuntary demotion (must be to a budget authorized position) 1–3 salary groups (6) Dismissal d) Fourth (1) Dismissal only 4. Level Four Violations a) First (1) Reprimand only (2) Probation 1–2 months (3) Withdrawal of favorable payroll action (4) Suspension 1–3 workdays b) Second (1) Probation 3–4 months (2) Withdrawal of favorable payroll action (3) Suspension 1–7 workdays (4) Reduction in pay 1 increment or at least 3.4% c) Third (1) Probation 5–6 months (2) Withdrawal of favorable payroll action (3) Suspension 1–10 workdays (4) Reduction in pay 2 increments or at least 6.8% (5) Involuntary demotion (must be to a budget authorized position) 1–3 salary groups (6) Dismissal d) Fourth (1) Dismissal only VII. Responsibilities and Preferences A. Eligibility Requirements 1. US citizen or authorized alien 2. At least 18 years of age 3. Possession of a high school diploma or GED 4. Not on active military duty 7 Copyright © Texas Education Agency, 2012. All rights reserved. 5. No dishonorable discharge 6. No felonies – no class A within the past 10 years or class B within last 5 years 7. Not on probation 8. No pending charges or outstanding warrants 9. Pass the pre-employment test 10. Pass a drug test 11. Ability to perform the functions of a correctional officer a) Attend the pre-service training academy b) Perform a search for contraband c) Provide security d) Count, feed, and supervise the offenders e) Pass the physical agility test f) Respond to emergencies g) Use chemical agents/firearms h) Prepare reports and maintain records i) Perform any other duties as assigned B. Personal preferences to consider 1. Schedule availability a) A flexible schedule is ideal for the rotating shifts of corrections officers b) Balancing family responsibilities can be challenging because of the rotating, day and night shifts 2. Physical fitness level a) Determines the duties that a new hire is assigned b) Each applicant is required to complete and pass a physical agility test (1) Pushups – must complete as many as possible within 1 minute (2) Weigh carry – must pick up a 45 lb. weight, carry it 15 yards, put it down, pick it back up, and carry it again for 15 yards (3) Sit-ups – must complete as many as possible within 1 minute (4) Deep squats – must complete as many as possible within 1 minute (5) Ladder climb – must climb up and down a ladder five times (6) Run/walk – must complete a ¼-mile walk/run within 5½ minutes 3. Geographic location a) A new hire (1) May request up to two units of preference or select a geographic location (2) Will be assigned according to the needs of the unit(s) (3) May be assigned to a unit outside of his or her area of preference and have to meet the challenges of 8 Copyright © Texas Education Agency, 2012. All rights reserved. commuting 4. Unit housing vs. private housing – some units have dormitorystyle housing available which costs significantly less than maintaining a private residence 5. Salary a) Approximately $2,300 a month for a new correctional officer that is attending the academy b) Increased after completion of the academy program c) Increased based on the number of years of service up to the Correctional Officer V level, which has a salary of approximately $3,000 plus benefits d) Less than some other types of employment, but has considerable benefits to consider VIII. Benefits (TDCJ, 2012) A. Paid Leave 1. Vacation hours – earned each month based on the total years of employment and may be used after six months of continuous employment 2. Holiday leave – officers are entitled to time off for all state holidays; if the officer works a holiday those hours accrue for later use 3. Sick leave – earned at a rate of about 8 hours per month 4. Administrative leave – includes the following a) Donor (blood, bone marrow, and organ) b) Continuing education c) Assistance dog training d) Bereavement/funeral e) Family Medical leave f) Jury duty g) Military leave h) Volunteer (Red Cross, Firefighter, and EMS) i) Urban Search and Rescue Team B. Unpaid Leave 1. Family Medical Leave 2. General 3. Medical a) Non work-related b) Work-related 4. Military C. Insurance 1. Accidental death and dismemberment 2. Dental insurance 3. Disability insurance 4. Health insurance 5. Life insurance 6. Premium conversion 7. Prescription drug program 9 Copyright © Texas Education Agency, 2012. All rights reserved. D. E. F. G. H. I. J. 8. Retiree life insurance Hazardous duty pay Longevity pay Retirement Payroll deductions Meal privileges Laundry and barber services Many others Activities 1. Rules of Conduct Scenarios. Divide the students into groups and give all of them a copy of the Rules of Conduct Scenarios handout. Have the students deduce the correct rule of conduct for each scenario and explain their answers. Use the Discussion Rubric for assessment. 2. Job Search. Have students research two of the jobs that are available within correctional services. Jobs may come from the federal, state, county, local, or private sectors. Have the students analyze and record the following information: Job duties Hiring requirements Employer expectations The method of application Use the Individual Work Rubric for assessment. Assessments Rules of Conduct Quiz and Key Rules of Conduct Scenarios Handout and Key Discussion Rubric Individual Work Rubric Research Rubric Materials Rules of Conduct computer-based presentation Computers with Internet access Resources Texas Department of Criminal Justice PD-22 http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-22.pdf Texas Department of Criminal Justice PD-49 http://tdcj.state.tx.us/divisions/hr/benefits/leave-paid.html Accommodations for Learning Differences For reinforcement, students will find examples in the news/media of correctional employees who have violated rules of conduct. Students will then compare those violations to those of TDCJ and give the appropriate punishment according to PD-22. Use the Individual Work Rubric for assessment. 10 Copyright © Texas Education Agency, 2012. All rights reserved. For enrichment, students will research the rules of conduct violations that would also constitute criminal violations. Students will then examine them to determine if any would be intertwined. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education §130.297. Correctional Services (One to Two Credits). (1) The student researches the history of correctional services. The student is expected to: (B) examine the rules of conduct and disciplinary action guidelines for employees of correctional facilities; (C) analyze personal responsibilities and preferences to determine requirements for employment in correctional services; (D) effectively search methods to locate potential employment opportunities in correctional services; and (2) The student recognizes professional standards and ethical responsibilities in the correctional facility. The student is expected to: (A) identify employer expectations of punctuality, attendance, and time management; College and Career Readiness Standards Cross-Disciplinary Standards II. Foundational Skills E. Technology 1. Use technology to gather information. 2. Use technology to organize, manage, and analyze information. 4. Use technology appropriately. 11 Copyright © Texas Education Agency, 2012. All rights reserved. Name________________________________ Date__________________________ Rules of Conduct Quiz 1. _____ An employee will be notified of a hearing date at least A. 24 B. 12 C. 72 D. 48 hours in advance. 2. _____ Employees must report all arrests, convictions, criminal charges (except minor traffic violations), and protective orders within ___ hours before reporting to work. A. 24 B. 32 C. 48 D. 72 3. _____ An employee’s “failure to act” when required by rule or order would be considered a violation of PD-22. A. True B. False 4. _____ A violation is considered to be all but which one of the following? A. Engaging in specific prohibited behavior B. Failure to act when required by law C. Attempting, conspiring, or engaging in, or aiding others in conspiring, attempting, or engaging in specific prohibited behavior D. An act required by policy 5. _____ A disciplinary hearing requires what level of proof for the allegation to be substantiated? A. Beyond a reasonable doubt B. Preponderance of evidence C. Absolute certainty D. Reasonable suspicion 6. _____ Which of the following is not one of the options supervisors should try prior to formal discipline? A. Supervisory counseling B. Letter of instruction C. Temporary reassignment D. Dismissal 12 Copyright © Texas Education Agency, 2012. All rights reserved. 7. _____ How many days does the reprimanding authority have to complete the preliminary hearing investigation? A. 12 B. 24 C. 10 D. 5 8. _____ Which of the following is not one of the options available for punishment after a guilty verdict in a disciplinary hearing? A. Demotion B. Pay increase C. Suspension without pay D. Dismissal 9. _____ Which of the following should not be considered when considering employment in correctional services? A. Salary B. Benefits C. Geographic Location D. Opinion of friends 10. _____ Which physical activity is not included in the physical agility test? A. Pushups B. 10-mile run C. Deep squats D. Ladder Climb 11. _____ What is the highest level of criminal offense you can have on your record? A. Felony B. Class A C. Class B D. Class C 12. _____ An applicant cannot have a Class A within the past 5 years. A. True B. False 13. _____ An applicant can be employed as a correctional officer if they have a conviction for domestic violence. A. True B. False 13 Copyright © Texas Education Agency, 2012. All rights reserved. 14. _____ Which of the following is not a function of a correctional officer? A. Search for contraband B. Take 911 calls C. Count, feed, and supervise offenders D. Prepare reports and maintain records 15. _____ Which is not a privilege extended to employees on their designated unit? A. Meals B. Laundry C. Both A and B D. None of the above 14 Copyright © Texas Education Agency, 2012. All rights reserved. Rules of Conduct Quiz Key 1. A 2. C 3. A 4. D 5. B 6. D 7. C 8. B 9. D 10. B 11. D 12. B 13. B 14. B 15. D 15 Copyright © Texas Education Agency, 2012. All rights reserved. Rules of Conduct Scenarios Read the scenario and identify the correct rule of conduct. 1. You have been invited to a party, but you are scheduled to work. You really want to go to the party. You choose to go to the party instead of work. 2. You are 18 years old and caught at the party to be in possession of alcohol. You are ticketed for minor in possession of alcohol. You don’t feel it is necessary to report this citation to your supervisor. 3. On the way to work you need to drop off your clothes at the dry cleaners. You only leave 5 minutes earlier than you normally do. You are already running late for work, but decide to go by the dry cleaners and drop off your clothes anyway. You arrive to work 20 minutes after your shift begins. 4. The administration segregation sergeant tells you to pull offender Jones out of his cell for recreation. You decide that you will take him to the recreation yard when you finish your cell searches. Offender Jones misses his required hour of recreation. 5. You decided to go out of town for your days off. You normally work the midnight shift and sleep during the day. During your days off you kept with a daytime schedule of sleeping at night and staying up all day. You return to work for your regular shift, but have been up since the early morning. You are exhausted and fall asleep in the picket. 6. Offender Smith makes you mad. You respond with the use of profanity or abusive language and gestures. Offender Smith reports you. 7. You are responsible for the outer perimeter security during your shift. As you are operating the perimeter vehicle you decide to see how fast you can go around the perimeter. As you turn the corner, you lose control and run the vehicle into the back gate. 8. Offender Brown says his mother is dying and he is unable to contact her using the payphone because she cannot afford collect calls. He is desperate to talk to her before she dies. You feel sorry for him and agree to bring him a cell phone to call his mom. 9. You are assigned to work in the closed custody building during your shift. You observe Officer Jones strike Offender Sam in the face for mouthing off. Offender Sam did not engage in physical contact with Officer Jones. Officer Jones tells you that this is between him and Offender Sam and should not be reported. You decide to say nothing. 10. You are assigned to the back gate and are there alone. You have not had your 15 minute break and are craving a cigarette. You snuck one in your pocket and decide to “light up”. Besides, who’s going to know? You are the only one there. 16 Copyright © Texas Education Agency, 2012. All rights reserved. Rules of Conduct Scenarios Key 1. 2. 3. 4. 5. 6. 7. 8. Unexcused Absenteeism Violation of Statutory Authority/Court Order/Rules/Regulations/Policies Tardiness Failure to Obey a Proper Order from an Authority Sleeping on Duty Use of Profane/Abusive Language/Gestures or Slurs/Hostile Epithets Negligent Operation of an Agency Vehicle Delivery of the Following to an Offender: (1) a Drug Other than an Authorized Controlled Substance for Medical Purposes; (2) Cell Phone; (3) Cigarette or Other Form of Tobacco; or (4) Money 9. Failure to Completely or Accurately Report a Use of Force or Commission of a Use of Force Administrative/Procedural Violation 10. Possession/Removal of Contraband 17 Copyright © Texas Education Agency, 2012. All rights reserved. Name_______________________________________ Date_______________________________ Discussion Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 18 Copyright © Texas Education Agency, 2012. All rights reserved. Name______________________________________ Date_______________________________________ Individual Work Rubric 4 pts. Excellent Objectives 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated Time management Student used time wisely and remained on task 100% of the time Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved *Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Total Points (20 pts.) Comments: 19 Copyright © Texas Education Agency, 2012. All rights reserved. Name______________________________________ Date_______________________________________ Research Rubric 4 pts. Excellent Objectives 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Question/goal Student identified and communicated a question or goal of the research Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research Reflection Student reflected on the importance of the research and its potential application Total Points (20 pts.) Comments: 20 Copyright © Texas Education Agency, 2012. All rights reserved.