Rev. Apr. 2015 - Southwest Preparatory School

advertisement
1
Rev. Apr. 2015
MISSION AND VISION ...................................................................................... 5
LETTER FROM THE SUPERINTENDENT ......................................................... 6
INTRODUCTION ................................................................................................. 7
SOUTHWEST PREPARATORY SCHOOL - LEADERSHIP .............................. 7
DISTRICT LEADERSHIP AND STAFF ................................................................................................................. 7
CAMPUS LEADERSHIP ..................................................................................................................................... 8
SAN ANTONIO SPECIAL EDUCATION CO-OP .................................................................................................... 8
SAN ANTONIO HEALTH CO-OP....................................................................................................................... 8
CALENDAR ........................................................................................................... 9
MAP OF CAMPUS ................................................................................................ 11
GENERAL EMPLOYMENT POLICIES ............................................................... 12
EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................................... 12
“AT WILL” EMPLOYMENT ............................................................................................................................... 13
CRIMINAL BACKGROUND CHECKS AND FINGER-PRINTING................................................................................ 13
DISABILITY ACCOMMODATION ....................................................................................................................... 13
EMPLOYEE INVOLVEMENT ............................................................................................................................... 14
EMPLOYMENT CLASSIFICATION....................................................................................................................... 14
EMPLOYMENT REFERENCES ............................................................................................................................ 15
EMPLOYEE PERSONNEL FILES ......................................................................................................................... 16
NEPOTISM ..................................................................................................................................................... 17
IMMIGRATION COMPLIANCE ........................................................................................................................... 17
JOB VACANCY ANNOUNCEMENTS/TRANSFERS ................................................................................................. 17
OUTSIDE EMPLOYMENT AND TUTORING.......................................................................................................... 18
REASSIGNMENTS AND TRANSFERS .................................................................................................................. 18
REHIRE OF FORMER EMPLOYEES .................................................................................................................... 18
RELIGIOUS ACCOMMODATION ........................................................................................................................ 19
LEAVES OF ABSENCE POLICIES ...................................................................... 20
FAMILY AND MEDICAL LEAVE ......................................................................................................................... 21
SPECIAL FMLA RULES APPLY TO EMPLOYEES OF SCHOOLS ............................................................................. 27
MILITARY RESERVES OR NATIONAL GUARD LEAVE OF ABSENCE....................................................................... 29
MILITARY LEAVE............................................................................................................................................ 29
PERSONAL LEAVE OF ABSENCE ....................................................................................................................... 31
DISCRETIONARY LEAVE OF ABSENCE .............................................................................................................. 31
BEREAVEMENT LEAVE..................................................................................................................................... 31
LIMITATIONS ON LEAVE OF ABSENCE.............................................................................................................. 32
HOURS, PAY & PERFORMANCE POLICIES ................................................... 33
ATTENDANCE ................................................................................................................................................. 33
DIRECT DEPOSIT ........................................................................................................................................... 33
EMPLOYEE RECOGNITION AND APPRECIATION ................................................................................................ 33
GARNISHMENTS ............................................................................................................................................. 34
HOURS OF WORK .......................................................................................................................................... 34
OVERTIME ..................................................................................................................................................... 34
PAYDAY AND PAYCHECKS ............................................................................................................................... 35
PAYROLL DEDUCTIONS .................................................................................................................................. 37
PERFORMANCE APPRAISALS............................................................................................................................ 37
PERFORMANCE RECOGNITION ........................................................................................................................ 38
SALARY & WAGE ADMINISTRATION ................................................................................................................ 38
2
Rev. Apr. 2015
TERMINATION ............................................................................................................................................... 38
REPORTING YOUR TERMINATION TO SWPS ................................................................................................... ERROR! BOOKMARK
NOT DEFINED.
REPORTING TIME /TIMESHEETS ..................................................................................................................... 40
EMPLOYEE BENEFITS ........................................................................................ 41
EMPLOYEE ASSISTANCE PROGRAM.................................................................................................................. ERROR! BOOKMARK
NOT DEFINED.
HEALTH, DENTAL, AND LIFE INSURANCE BENEFITS ......................................................................................... 41
HOLIDAYS ..................................................................................................................................................... 41
JURY AND WITNESS DUTY ............................................................................................................................. 41
VOTING......................................................................................................................................................... 41
OTHER COURT APPEARANCES ........................................................................................................................ 42
PAID TIME OFF ............................................................................................................................................. 42
SUPPLEMENTAL INSURANCE BENEFITS ............................................................................................................ 43
SUPPLEMENTAL RETIREMENT PLANS ............................................................................................................... 44
TEACHER RETIREMENT .................................................................................................................................. 44
UNEMPLOYMENT COMPENSATION INSURANCE ................................................................................................. 45
GENERAL DISTRICT POLICIES ....................................................................... 46
ACCIDENT PROCEDURE .................................................................................................................................. 46
ANTI-RETALIATION POLICY............................................................................................................................ 46
DRUG-FREE WORKPLACE POLICY ................................................................................................................... 46
FRAUD AND FINANCIAL IMPROPRIETY ............................................................................................................. 56
ATTIRE.......................................................................................................................................................... 57
LUNCH BREAKS .............................................................................................................................................. 57
OTHER BREAKS ............................................................................................................................................. 57
CELL PHONE POLICY ...................................................................................................................................... 58
NOTIFICATION OF PARENTS REGARDING TEACHER QUALIFICATIONS ............................................................... 58
EXPECTATIONS OF CONDUCT ......................................................................................................................... 57
Code of Conduct .................................................................................................................................. 59
ARRESTS AND CONVICTIONS .......................................................................................................................... 60
POSSESSION OF FIREARMS AND WEAPONS ..................................................................................................... 59
VISITORS IN THE WORKPLACE........................................................................................................................ 59
VOLUNTEERS ................................................................................................................................................. 61
CONFIDENTIAL BUSINESS INFORMATION ........................................................................................................ 61
CONFLICT OF INTEREST ................................................................................................................................. 60
CUSTOMER RELATIONS .................................................................................................................................. 62
EMPLOYEE COMMUNICATION ISSUES .............................................................................................................. 61
COMPLAINTS AND GRIEVANCES ...................................................................................................................... 63
DISCIPLINARY ACTIONS ................................................................................................................................. 65
EXIT INTERVIEWS .......................................................................................................................................... 66
REPORTS TO THE COMMISSIONER .................................................................................................................. 67
EMPLOYEE PROTECTION (WHISTLEBLOWER) POLICY ...................................................................................... 68
GIFTS ........................................................................................................................................................... 68
ANTI-HARASSMENT POLICY ........................................................................................................................... 69
POLICY ON COPYRIGHTED MATERIAL.............................................................................................................. 72
DISTRICT COMMUNICATION ........................................................................................................................... 72
ELECTRONICS POLICY .................................................................................................................................... 72
INTERNET CODE OF CONDUCT ....................................................................................................................... 74
3
Rev. Apr. 2015
SOCIAL MEDIA POLICY .................................................................................................................................. 75
Addressing Concerns........................................................................................................................... 78
Retaliation is Prohibited ...................................................................................................................... 78
Enforcement ......................................................................................................................................... 78
SOLICITATION AND DISTRIBUTION OF INFORMATION ...................................................................................... 79
PROPERTY AND SUPPLIES............................................................................................................................... 79
PURCHASING POLICIES AND PROCEDURES ...................................................................................................... 79
FUNDRAISING ................................................................................................................................................ 79
SAFETY ......................................................................................................................................................... 80
BLOOD BORNE PATHOGENS ........................................................................................................................... 80
HAZARDOUS COMMUNICATIONS STANDARDS (HAZCOM)............................................................................... 81
SECURITY ...................................................................................................................................................... 83
TELECOMMUTING ........................................................................................................................................... 83
TELEPHONE POLICY ....................................................................................................................................... 84
TRAVEL EXPENSE REIMBURSEMENTS .............................................................................................................. 84
SMOKING/TOBACCO USE ............................................................................................................................... 85
CHILD ABUSE REPORTING POLICY .................................................................................................................. 86
VIOLENCE IN THE WORKPLACE POLICY ........................................................................................................... 86
SEVERE WEATHER EMERGENCY CONDITIONS .................................................................................................. 88
USE OF PUBLIC PROPERTY ............................................................................................................................. 88
APPENDIX A .................................................................................................................................................. 89
SAFETY GUIDE .................................................................................................... 93
SAFETY INTRODUCTION ................................................................................................................................. 93
ONLY YOU CAN PREVENT WORKPLACE ACCIDENTS ......................................................................................... 93
POLICY STATEMENT ....................................................................................................................................... 93
EDUCATION AND TRAINING ............................................................................................................................ 95
NEW EMPLOYEE ORIENTATION....................................................................................................................... 96
SAFETY MEETINGS......................................................................................................................................... 96
INSPECTIONS & AUDITS ................................................................................................................................ 96
ACCIDENT REPORTING, ANALYSIS & INVESTIGATION ...................................................................................... 97
GENERAL SAFETY GUIDELINES ....................................................................................................................... 98
EMPLOYEE HANDBOOK ACKNOWLEDGMENT.............................................. 104
4
Rev. Apr. 2015
MISSION AND VISION
MISSION STATEMENT
“The Mission of Southwest Preparatory School District is to provide an adaptive and
effective learning environment that will prepare students to succeed in college
and/or the workplace”
VISION STATEMENT
The vision for each student is to develop into a graduate who is self-motivated,
employable, self-reliant, and optimistic about the ability to learn and possess
citizenship and decision making skills as a result of incorporating the principles
learned in character education.
5
Rev. Apr. 2015
Letter from the Superintendent
Welcome to the Southwest Preparatory School Employee Handbook
Dear SWPS Employees,
It is a pleasure to welcome you to our employee handbook! We want to first
recognize each of you for your many contributions to this organization. It is our
hope that you will feel like a valued member of the SWPS family! Credit for our
success is attributable to the professionalism of every member of this
organization. We consider our faculty, administrative and staff employees to be
the most valuable resources that we have. We believe that the collaborative
efforts of our people are the primary reasons for the success of this organization.
Whether you have been a member of the SWPS family for many years or you
have just joined us, it is our hope that you will find SWPS as a rewarding and
friendly place for you to work and contribute to our community.
This handbook has been created to serve as a guide for the important
employer/employee relationship. We trust that it will provide you with a general
overview as well as the answer to a number of questions you may have in regard
to your working relationship as an employee of SWPS. The SWPS philosophy in
action, employment practices, benefits provided to you as a valued employee,
and help to clarify your responsibilities as an employee will be found in this
working document.
Thank you again for your commitment and service to Southwest Preparatory
School. We look forward to a productive and effective year as we work together
to meet our organizational goals as well as the personal and professional goals
that each of us brings to this area of service. We appreciate the time that you
take to read this handbook and to familiarize yourself with our processes and
procedures. If you have any questions, please do not hesitate to ask for clarity.
The best wishes of the entire district leadership team are extended to you as we
work together for the success that we all desire.
Organizing your life around the many roles you play will help you maintain
balance and focus on your key relationships rather than focusing on tasks and
things. Stephen R. Covey
6
Rev. Apr. 2015
Introduction
This Employee Handbook outlines the personnel policies and procedures of
Southwest Preparatory School. These Policies and Procedures pertain to all
employees. You will find that the Employee Handbook will answer a number of
your questions about everyday working matters, benefits, and issues concerning
your relationship with Southwest Preparatory School. We encourage you to read
the entire Handbook so you can gain an overall understanding of our personnel
policies and procedures.
The use of “District” throughout this Handbook refers to Southwest Preparatory
School.
If you have any questions about personnel matters, you are welcome to discuss
them with your immediate supervisor a member of management, or the Human
Resources Department. We are always looking for suggestions that can improve
methods, procedures and working conditions for our employees. Please keep this
Handbook in a convenient location for your future reference. SWPS’ interpretation
of any policy within this Handbook shall prevail.
This Handbook is for reference only and is not intended to be a complete
description of all provisions or requirements. The policies and information
contained in this handbook are subject to change by the District without notice,
and District management retains the right to apply provisions of the handbook with
flexibility as necessary, in its sole judgment. This Handbook shall also not in any
way affect, modify, or nullify any agreement you have entered into with the District
which obligates you to protect the District’s confidential information or to refrain
from competing with the District after your employment is terminated (if
applicable).
Neither the District's benefit plans, if any, nor this Employee Handbook constitute,
or are intended to constitute, an express or implied contract guaranteeing
continued employment for any employee.
Nothing in this Handbook or any District policy is intended or should be construed
to violate any local, state or federal law, including but not limited to, the National
Labor Relations Act.
Also note, this Handbook is not a contract of continued employment, express or
implied. At any time, the District may add, change or rescind any policy or practice
at its sole discretion, without any prior notification, with the exception of the atwill policy.
7
Rev. Apr. 2015
SOUTHWEST PREPARATORY SCHOOL - LEADERSHIP
District Leadership and Staff
Superintendent:
Deputy Superintendent:
Associate Superintendent of
Business and Finance:
Associate Superintendent of Federal
Programs and Accountability:
Director of District Operations:
Director of Business Operations:
Director of Behavioral Counseling
Services:
Director of Information Technology:
Director of CTE/AMD/PostSecondary Education:
Director of Maintenance and
Transportation:
Child Nutrition Director/Accounts
Payable:
Test Coordinator/Data Analyst:
District Administrative Assistant:
IT Support Tier II:
District Athletic Coordinator:
PEIMS Specialist II:
District Drop-Out Prevention
Specialist:
8
Dr. Gary Short
Mr. James Neal
Ms. Lisa Tapp
Ms. Cyndy Spivey
Ms. Christinn Jean
Ms. Debbie Barrera
Mr. Joseph Ward
Mr. Reagan Short
Mr. James Hope
Mr. David Hernandez
Ms. Thelma Burrell
Ms. Lonie Bejar
Ms. Sherri Jermier
Mr. Jacob Garcia
Ms. Terry Barrera
Mr. Josh Martinez
Rev. Apr. 2015
Campus Leadership
NE Campus
(829-8017)
1258 Austin Hwy.
San Antonio, TX 78209
Principal:
SE Campus
(333-1304)
735 S. W.W. White Rd.
San Antonio, TX 78209
Principal:
Assistant
Principal:
Academic Dean:
Counselor:
Mr. Javier Garcia
NW Campus
(432-2634)
6535 Culebra
San Antonio, TX 78238
Principal:
Asst. Principal:
Academic Dean:
Counselor:
Ms. Sherry Head
Ms. Sylvia
Hutchinson
Mr. Lesley Carr
Ms. Julie Gist
Principal:
Ms. Sherry Head
Assistant
Principal:
Ms. Cheryl WillisPacheco
NW Elementary Campus
(967-3206)
4151 Culebra
San Antonio, TX 78238
Assistant
Principal:
Academic Dean:
Counselor:
Ms. Veronica
Champion
Ms. Carolyn
Martinez
Mr. Victor Zapata
Mr. Sergio
Mercado
Mr. Chris Allison
Ms. Leah Jurek
Ms. Crystal
Randolph
San Antonio Special Education Co-op
SASE Co-Op
(447-9101)
7330 San Pedro, Suite 670
San Antonio, TX 78216
Director:
Grant Manager:
Ms. Laura Garza
Ms. Cyndy Spivey
San Antonio Health Co-Op
1258 Austin Hwy
San Antonio, TX 78209
9
Director:
Ms. Lisa Neal,
R.N.
Rev. Apr. 2015
Calendar
10
Rev. Apr. 2015
MAP OF CAMPUS
11
Rev. Apr. 2015
General Employment Policies
Equal Employment Opportunity
The District does not discriminate against any employee or applicant because of
the following legally protected characteristics: race, color, religion or creed,
national origin, sex, pregnancy (including childbirth, lactation and related medical
conditions), age, marital status, physical or mental disability, veteran status,
genetic information (including characteristics and testing), or any other
characteristic protected by federal, state or local law.
It is also the policy of the District not to discriminate on its employment practices
as required by Title VI and VII of the Civil Rights Act of 1964, as amended; Title IX of
the Education Amendments of 1972. The Age Discrimination in Education Act of
1975, as amended (ADEA);Title I and Title V of the American with Disabilities Act of
1990 as amended (ADA); Section 504 of the Rehabilitation Act of 1973, as
amended; the Genetic Information Nondiscrimination Act in Education of 2008
(GINA); and any other legally-protected classification or status protected by
applicable law. In order to provide equal employment and advancement
opportunities to all individuals, employment decisions at Southwest Preparatory
School will be based on merit, performance, qualifications, and/or abilities. This
policy covers all personnel practices, including but not limited to hiring, promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rate of pay or other forms of compensation, selection for training and
employee benefits.
To implement this policy, the District will continue to:

Recruit, hire, train, and promote persons in all job classifications without
regard to any protected characteristics, and to provide equal employment
opportunities to disabled veterans and Veterans of the Vietnam Era;
 Base decisions on employment so as to further the principle of equal
employment opportunity;
 Ensure that promotion decisions are in accord with principles of Equal
Employment Opportunity by imposing only valid business requirements for
promotional opportunities; and
 Ensure that all personnel actions (including but not limited to compensation,
benefits, transfers, layoffs, and District-sponsored training, education, social
and recreation programs) will be administered without regard to any legally
protected characteristics.
Equal Employment Opportunity is not only the law, but also it is a principle of the
District’s operations. It is the responsibility of every employee to ensure the
continued success of this policy and to immediately report any violations to a
member of management.
12
Rev. Apr. 2015
Employees can raise concerns and make reports without fear of reprisal. Any
employees with questions or concerns are encouraged to bring these issues to the
attention of the Director of Business Operations, or the Title IX, Section 504, or
Title II Coordinator, as may be appropriate.
Southwest Preparatory School has designated the following person as the Title IX,
Section 504, and Title II Coordinator:
Name: Ms. Debbie Barrera
Address: 1258 Austin Highway, San Antonio, TX 78209
Phone: (210) 829-8017
Email: [email protected]
“At Will” Employment
All employment with the District is “At Will,” which means that your employment
can be terminated with or without cause, and with or without notice, at any time,
at the option of either the District or yourself, except as otherwise provided by law.
Only the District Superintendent or the District Superintendent authorized
representative has the authority to alter the at-will policy and then only in writing,
signed by the District Superintendent or the District Superintendent‘s authorized
representative.
Criminal Background Checks and Finger-Printing
Southwest Preparatory School will obtain a criminal history background (CBC)
report and require finger-printing on all prospective employees after receiving
a job offer and prior to employment. Failure of an Employee to disclose a
conviction of a felony or misdemeanor involving moral turpitude prior to or during
employment shall be grounds for discharge. Disclosure applies to felonies and
misdemeanors involving probation and deferred adjudication.
Disability Accommodation
To comply with applicable laws ensuring equal employment opportunities to
individuals with disabilities, the District will make reasonable accommodations for
the known physical or mental limitations of an otherwise qualified individual with a
disability who is an applicant or an employee unless undue hardship and/or a
direct threat to the health and/or safety of the individual or others would result.
Any applicant or employee who requires a reasonable accommodation should
contact his/her supervisor and request such an accommodation. The individual
with the disability should specify in writing what barriers or limitations make it
difficult for him or her to perform the job. The District will conduct an investigation
regarding these barriers or limitations and will then identify possible
accommodations, if any, that will help to eliminate the barrier(s) or limitation(s). If
the accommodation is reasonable and will not impose an undue hardship on the
District and/or a direct threat to the health and/or safety of the individual or
13
Rev. Apr. 2015
others, the District will make the accommodation. The District may propose an
alternative to the requested accommodation or substitute one reasonable
accommodation for another, but the District retains the ultimate discretion to
choose among reasonable accommodations.
Employees are expected to fully cooperate in the accommodation process. The
District will also consider requests for reasonable accommodations for medical
conditions related to pregnancy and childbirth where supported by medical
documentation.
Employees who wish to request unpaid time away from work because of a
qualifying disability should speak to their Human Resources Representative
regarding a proposed accommodation.
An Employee with a disability who believes he or she has been discriminated against
should first contact the Director of Business Operations, Southwest Preparatory
School. ADA Coordinator at 210-829-8017, option 1. Employees may also utilize
the regular grievance procedure or contact the federal Equal Employment
Opportunity Commission.
Employee Involvement
As part of the District’s decision-making process and site based management
philosophy, employees may be asked or elected to serve on District or campus level
advisory committees and/or elected as a Southwest Preparatory School board
member.
Employment Classification
At the time you are hired, you are classified as full-time, part-time or temporary
employee and are also told whether your current job duties qualify you for
overtime pay. Your employment classification does not alter your at-will
employment relationship with the District.
Full-time employees are those who are generally regularly assigned to work at least
40 hours each week. Part-time employees are those who are generally regularly
assigned to work less than full-time. While part-time employees may occasionally
work 40 or more hours in a particular workweek, or in a series of workweeks, that
alone will not change their regular schedule or employment classification.
However, the District reserves the right to change the regular schedules of
employees at any time. In such a case, the District will give affected employees as
much advance notice as possible of their new regular schedules, and will advise
employees of the effect of such changes on their eligibility for District benefits.
Unless otherwise specified or required by applicable law, the benefits described in
this Handbook apply only to full-time employees.
14
Rev. Apr. 2015
All other policies described in this Handbook and communicated by the District
apply to all employees, unless otherwise noted (for example, certain wage, salary
and time off limitations apply only to “non-exempt”, see the definition that
follows).
If you are unsure of which job classification your position fits into, please ask your
Supervisor.
If you are a part-time employee, please understand that you are not eligible for
benefits described in this Handbook, except as granted on occasion, or to the
extent required by provision of State or Federal Law.
Temporary Employees – From time to time Southwest Preparatory School may hire
employees for specific periods of time or for the completion of a specific project.
An employee hired under these conditions will be considered a temporary
employee. In the event of an offer of employment Southwest Preparatory School
will offer the additional employment in writing.
The job assignment, work schedule and duration of the position will be determined
on an individual basis. Normally, a temporary position will not exceed six (6)
months in duration, unless specifically extended by a written agreement. Summer
employees are considered temporary employees.
“Non-Exempt” and “Exempt” Employees – At the time of hire, all employees are
classified as either “exempt” or “non-exempt” based on the nature of their job
duties.
This is necessary because, by law, employees in certain types of jobs are entitled to
overtime pay for hours worked in excess of forty (40) hours per workweek, or as
otherwise required by applicable state law. These employees are referred to as
“non-exempt” in this Handbook. This means that they are not exempt from (and
therefore should receive) overtime pay. All no
“Exempt” employees those employees whose job duties and responsibilities allow
them to be exempt from overtime pay provisions as provided by the Federal Fair
Labor Standards Act (FLSA) and any applicable state laws.
If you are an “exempt” employee, you will be advised that you are in this
classification at the time you are hired, transferred or promoted.
Employment References
All official employment verification or reference requests regarding current or
former employees are to be referred to SWPS HR Department. SWPS will normally
only release last title and dates of employment. Salary information will be
provided with written authorization from the employee. No other official
reference information will be provided. All employment verification or reference
15
Rev. Apr. 2015
requests should be forwarded to the Debbie Barrera, Director of Business
Operations, [email protected] or 201-829-8017, Option 1, ext 1015.
Employee Personnel Files
Personnel files are maintained for all employees. These files are kept in a secure
and confidential manner in accordance with all applicable laws and regulations,
including electronically.
Employees should keep their Supervisor or Human Resource Representative
apprised of any personal status changes, such as: legal name, name and number of
dependents, home address, home telephone number, person to contact in case of
emergency, emergency telephone number, exemptions on W-4 Form, changes of
beneficiary, changes in driving record if directly related to performance of the
employee’s job, military or draft status, membership in professional societies
relevant to the employee’s job, additional outside education or certifications, and
the like. Forms to process a change in personal information can be obtained from
the Human Resources department.
Most District records including personnel records are public information and
must be released upon request. A limited amount of personal information may
be withheld. Southwest Preparatory School considers this personal information
confidential and it will not be released without a signed statement authorizing
the release of the information. This information is limited to:




Address
Phone Number
Social Security Number
Information that reveals whether they have family members
Personnel files are open to employees and may be viewed at any time during
the year. If you require copies, the cost of reproduction is $.07 cents per page.
In accordance with provisions of Health Insurance Portability and Accountability
Act (HIPAA) of 1996 and subsequent amendments, all medical information of an
Employee will be safeguarded and confidentiality will be maintained. Any
information provided to us by the Employee or any other entity that we are
required to maintain will be kept in a file separate from the employee’s
personnel record with access limited to the Human Resource Department. The
Human Resource Department will ascertain whether other individuals have a
legitimate need to know. Further, the Act provides for penalties when confidentiality is
breached. Any individual who breaches confidentiality of an employees or
students medical record will be disciplined up to and including termination.
The Human Resource Office maintains an open door policy and contact can be
made either in person, by phone or by e-mail. Human Resource office hours are
Monday through Friday 8:00 AM-4:30 PM or by appointment after this time.
16
Rev. Apr. 2015
Nepotism
Southwest Preparatory School does not hire immediate family members to work
for or in the same department as the relative. Nor can one family member have
supervisor authority over the other family member. Immediate family members
are defined as: spouse, child, parent, parent-in-law, grandparent, grandparent-inlaw, granddaughter, grandson, daughter-in-law, step-parent, domestic partner (a
person with whom the employee’s life is interdependent and with whom the
Employee shares a mutual residence), brother, sister, brother-in-law, sister-in-law,
daughter or son of the employee’s spouse or domestic partner, and any relative
living in the household of the Employee or domestic partner.
Southwest Preparatory School requires full disclosure of any vendor who is an
immediate family member (as defined above) of any Employee. Family vendors
must competitively bid on all work and be determined as the vendor offering the
best price or value for the District prior to selection.
Exception to nepotism applies to existing charter holders partly grandfathered.
Immigration Compliance
The District is committed to employing only United States citizens and others
individuals who are legally authorized to work in the United States and who comply
with applicable immigration and employment law. As a condition of employment,
every individual must provide satisfactory evidence of his or her identity and legal
authority to work in the United States.
Job Vacancy Announcements/Transfers
Southwest Preparatory School believes in promoting from within when possible and
encourages employees to take advantage of any promotional opportunities that
may arise. All vacancies will be announced on the Web site at
http://www.swprep.org/ under Human Resources.
Southwest Preparatory School recruitment announcements will be posted as
either for internal applicants only, or applicants from either internal and/or
external to the organization.
 Internal applicants will submit a letter and an updated resume requesting
consideration for the vacant position. Although not required, the internal
applicant requesting the transfer/promotion should advise their
Principal/Supervisor as a matter of courtesy.
 Selecting official should coordinate with the employee’s Principal/Supervisor.
Human Resources will provide the selecting official with applicants who have been
screened and meet the Minimum Qualifications, as outlined in the Job Posting.
17
Rev. Apr. 2015
Upon receiving a list of applicants, the selecting official will schedule interviews
with applicants.
Selecting official will verify references of external applicants and speak to
Principals and Supervisors for internal applicants.
It is required all applications be received by Human Resources before 5:00 P.M. on
the closing day of the Job Posting, if a closing day has been specified. Applicants
who do not provide the requested information or do not meet the deadline
may not be considered. Applications for any position that are not in accordance
with instructions outlined in the Job Postings, or are incomplete, may not be
considered.
Outside Employment and Tutoring
Employees who wish to accept outside employment or engage in other activities
for profit must submit a written request to their supervisor. Approval for outside
employment will be determined by the Superintendent who will evaluate whether
outside employment interferes with the employee’s assigned work duties.
Teachers are not allowed to privately tutor students from Southwest Preparatory
School.
Reassignments and Transfers
All personnel are subject to assignment and reassignment by the Superintendent.
When reassignments are due to enrollment shifts or program changes, the
Superintendent has final placement authority. Extracurricular or supplemental duty
assignments may be reassigned at any time.
Employees with the required qualifications for a position may request a transfer to
another campus or department. A written request for transfer must be
completed and signed by the Employee and the employee’s
Principal/Supervisor and forwarded to Human Resources. All transfer requests
will be coordinated by the Superintendent and must be approved by the
receiving Principal/Supervisor.
Rehire of Former Employees
The District does not guarantee that former employees who are rehired will retain
their original hire date or be given credit for previous service unless specifically
required by law. Please consult with your supervisor for specific information as it
pertains to you.
18
Rev. Apr. 2015
Religious Accommodation
The District will make reasonable accommodations in accordance with applicable
law for employee observance of religious holidays and sincerely held religious
beliefs, including providing time off for observation of official holidays or providing
exceptions to dress and grooming standards, unless doing so would cause an
undue hardship on District operations. If the employee desires a religious
accommodation, the employee is required to make the request in writing to his or
her supervisor as far in advance as possible. If a leave is granted, such leave shall
be unpaid unless other paid leave is available under school policy and is requested
by the employee.
19
Rev. Apr. 2015
THIS PAGE INTENTIONALLY LEFT BLANK
20
Rev. Apr. 2015
Leaves of Absence Policies
Family and Medical Leave
The District will grant family and medical leave in accordance with the
requirements of applicable state and federal law in effect at the time the leave is
granted. Although the federal and state laws sometimes have different names, the
District refers to these types of leaves collectively as “FMLA Leave.” In any case,
employees will be eligible for the most generous benefits available under
applicable law.
a.
Employee Eligibility
To be eligible for FMLA Leave benefits, you must: (1) have worked for the District
for a total of at least 12 months; (2) have worked at least 1,250 hours over the
previous 12 months as of the start of the leave; and (3) work at a location where at
least 50 employees are employed by the District within 75 miles, as of the date the
leave is requested.
b.
Reasons for Leave
State and federal laws allow FMLA Leave for various reasons. Because an
employee’s rights and obligations may vary depending upon the reason for the
FMLA Leave, it is important to identify the purpose or reason for the leave. FMLA
Leave may be used for one of the following reasons, in addition to any reason
covered by an applicable state family/medical leave law:
(1) the birth, adoption, or foster care of an employee's child within 12 months
following birth or placement of the child (“Bonding Leave”);
(2) to care for an immediate family member (spouse, child, or parent with a
serious health condition (“Family Care Leave”);
(3) an employee’s inability to work because of a serious health condition
(“Serious Health Condition Leave”);
(4) a “qualifying exigency,” as defined under the FMLA, arising from a
spouse’s, child’s, or parent’s “covered active duty” (as defined below) as a
member of the military reserves, National Guard or Armed Forces
(“Military Emergency Leave”); or
(5) To care for a spouse, child, parent or next of kin (nearest blood relative)
who is a “Covered Service member,” as defined below (“Military Caregiver
Leave”).
21
Rev. Apr. 2015
Definitions
“Child,” for purposes of Bonding Leave and Family Care Leave, means a biological,
adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in
loco parentis, who is either under age 18, or age 18 or older and incapable of selfcare because of a mental or physical disability at the time that Family and Medical
Leave is to commence. “Child,” for purposes of Military Emergency Leave and
Military Caregiver Leave, means a biological, adopted, or foster child, stepchild,
legal ward, or a child for whom the person stood in loco parentis, and who is of any
age.
“Parent,” for purposes of this policy, means a biological, adoptive, step or foster
father or mother, or any other individual who stood in loco parentis to the person.
This term does not include parents “in law.” For Military Emergency leave taken to
provide care to a parent of a military member, the parent must be incapable of
self-care, as defined by the FMLA.
“Covered Active Duty” means (1) in the case of a member of a regular component
of the Armed Forces, duty during the deployment of the member with the Armed
Forces to a foreign country; and (2) in the case of a member of a reserve
component of the Armed Forces, duty during the deployment of the member with
the Armed Forces to a foreign country under a call or order to active duty (or
notification of an impending call or order to active duty) in support of a
contingency operation as defined by applicable law.
“Covered Service member” means (1) a member of the Armed Forces, including a
member of a reserve component of the Armed Forces, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness
incurred or aggravated in the line of duty while on active duty that may render the
individual medically unfit to perform his or her military duties, or (2) a person who,
during the five (5) years prior to the treatment necessitating the leave, served in
the active military, Naval, or Air Service, and who was discharged or released
therefrom under conditions other than dishonorable (a “veteran” as defined by the
Department of Veteran Affairs), and who has a qualifying injury or illness incurred
or aggravated in the line of duty while on active duty that manifested itself before
or after the member became a veteran. For purposes of determining the five-year
period for covered veteran status, the period between October 28, 2009 and
March 8, 2013 is excluded.
c.
Length of Leave
The maximum amount of FMLA Leave will be twelve (12) workweeks in any 12month period when the leave is taken for: (1) Bonding Leave; (2) Family Care
Leave; (3) Serious Health Condition Leave; and/or (4) Military Emergency Leave.
However, if both spouses work for the District and are eligible for leave under this
policy, the spouses will be limited to a total of 12 workweeks off between the two
22
Rev. Apr. 2015
of them when the leave is for Bonding Leave or to care for a parent using Family
Care Leave. A 12-month period begins on the date of your first use of FMLA Leave.
FMLA Leave is calculated as a “rolling” 12-month period measured backward from
the date of any FMLA Leave usage. The maximum amount of FMLA Leave for an
employee wishing to take Military Caregiver Leave will be a combined leave total of
twenty-six (26) workweeks in a single 12-month period. A "single 12-month
period" begins on the date of your first use of such leave and ends 12 months after
that date.
If both spouses work for the District and are eligible for leave under this policy, the
spouses will be limited to a total of 26 workweeks off between the two when the
leave is for Military Caregiver Leave only or is for a combination of Military
Caregiver Leave, Military Emergency Leave, Bonding Leave and/or Family Care
Leave taken to care for a parent.
Under some circumstances, you may take FMLA Leave intermittently—which
means taking leave in blocks of time, or by reducing your normal weekly or daily
work schedule. Leave taken intermittently may be taken in increments of no less
than one hour. Employees who take leave intermittently or on a reduced work
schedule basis for planned medical treatment must make a reasonable effort to
schedule the leave so as not to unduly disrupt the District’s operations. Please
contact your Supervisor prior to scheduling planned medical treatment. If Family
and Medical Leave is taken intermittently or on a reduced schedule basis due to
foreseeable planned medical treatment, the District may require you to transfer
temporarily to an available alternative position with an equivalent pay rate and
benefits, including a part-time position, to better accommodate recurring periods
of leave.
As discussed more generally below, if your request for intermittent leave is
approved, the District may later require you to obtain recertification of your need
for leave. For example, the District may request recertification if it receives
information that casts doubt on your report that an absence qualifies for Family
and Medical Leave.
To the extent required by law, some extensions to leave beyond an employee’s
FMLA entitlement may be granted when the leave is necessitated by an employee's
work-related injury/illness or a “disability” as defined under the Americans with
Disabilities Act and/or applicable state or local law. Certain restrictions on these
benefits may apply.
d.
Notice and Certification
(i) Bonding, Family Care, Serious Health Condition, and
Military Caregiver Leave Requirements
Employees are required to provide:
23
Rev. Apr. 2015
 when the need for the leave is foreseeable, 30 days advance notice or such
notice as is both possible and practical if the leave must begin in less than
30 days (normally this would be the same day the employee becomes
aware of the need for leave or the next business day
 when the need for leave is not foreseeable, notice within the time
prescribed by the District’s normal absence reporting policy, unless unusual
circumstances prevent compliance, in which case notice is required as soon
as is otherwise possible and practical;
 when the leave relates to medical issues, a completed Certification of
Health-Care Provider form within 15 calendar days (for Military Caregiver
Leave, an invitational travel order or invitational travel authorization may
be submitted in lieu of a Certification of Health-Care Provider form);
 periodic recertification (upon request); and
 periodic reports during the leave
Certification forms are available from the SWPS HR Department.
At the District’s expense, the District may also require a second or third medical
opinion regarding your own serious health condition or the serious health
condition of your family member. In some cases, the District may require a second
or third opinion regarding the injury or illness of a “Covered Service member.”
Employees are expected to cooperate with the District in obtaining additional
medical opinions that the District may require.
When leave is for planned medical treatment, you must try to schedule treatment
so as not to unduly disrupt the District’s operation. Please contact your Supervisor
prior to scheduling planned medical treatment.
Recertification after Grant of Leave
In addition to the requirements listed above, if your Family and Medical Leave is
certified, the District may later require medical recertification in connection with
an absence that you report as qualifying for Family and Medical Leave. For
example, the District may request recertification if (1) the employee requests an
extension of leave; (2) the circumstances of the employee’s condition as described
by the previous certification change significantly (e.g., your absences deviate from
the duration or frequency set forth in the previous certification; your condition
becomes more severe than indicated in the original certification; you encounter
complications); or (3) the District receives information that casts doubt upon your
stated reason for the absence. In addition, the District may request recertification
in connection with an absence after six months have passed since your original
certification, regardless of the estimated duration of the serious health condition
necessitating the need for leave. Any recertification requested by the District shall
be at the employee’s expense.
24
Rev. Apr. 2015
(ii)Military Emergency Leave Requirements
Employees are required to provide:
 as much advance notice as is reasonable and practicable under the
circumstances;
 a copy of the covered military member's active duty orders when the
employee requests leave and/or documentation (such as Rest and
Recuperation leave orders) issued by the military setting forth the dates of
the military member’s leave; and
 a completed Certification of Qualifying Exigency form within 15 calendar
days, unless unusual circumstances exist to justify providing the form at a
later date.
Certification forms are available from the SWPS HR Department.
(iii)
Leave
Failure to Provide Certification and to Return from
Absent unusual circumstances, failure to comply with these notice and certification
requirements may result in a delay or denial of the leave. If you fail to return to
work at your leave’s expiration and have not obtained an extension of the leave,
the District may presume that you do not plan to return to work and have
voluntarily terminated your employment.
e.
Compensation During Leave
Generally, FMLA Leave is unpaid. However, you may be eligible to receive benefits
through State-sponsored or District-sponsored wage-replacement benefit
programs. If you are eligible to receive these benefits, you may also choose to
supplement these benefits with the use of accrued vacation and sick leave, to the
extent permitted by law and District policy. All such payments will be integrated so
that you will receive no more than your regular compensation during this period. If
you are not eligible to receive any of these wage-replacement benefits, the District
may require you to use accrued vacation and sick leave to cover some or all of the
FMLA Leave. The use of paid benefits will not extend the length of a FMLA Leave
f.
Benefits During Leave
The District will continue making contributions for your group health benefits
during your leave on the same terms as if you had continued to work. This means
that if you want your benefits coverage to continue during your leave, you must
also continue to make any premium payments that you are now required to make
for yourself or your dependents. Employees taking Bonding Leave, Family Care
Leave, Serious Health Condition Leave, and Military Emergency Leave will generally
be provided with group health benefits for a 12 workweek period. Employees
taking Military Caregiver Leave may be eligible to receive group health benefits
25
Rev. Apr. 2015
coverage for up to a maximum of 26 workweeks. In some instances, the District
may recover premiums it paid to maintain health coverage if you fail to return to
work following a FMLA Leave.
If you are on a FMLA Leave but are not entitled to continued paid group health
insurance coverage, in some circumstances you may continue your coverage
through the District in conjunction with federal and/or state COBRA guidelines by
making monthly payments to the District for the amount of the relevant premium.
Please contact your Human Resource Representative for further information.
Your length of service as of the leave will remain intact, but accrued benefits such
as vacation and sick leave will not accrue while on an unpaid FMLA Leave.
g.
Job Reinstatement
Under most circumstances, you will be reinstated to the same position held at the
time of the leave or to an equivalent position with equivalent pay, benefits, and
other employment terms and conditions. However, you have no greater right to
reinstatement than if you had been continuously employed rather than on leave.
For example, if you would have been laid off had you not gone on leave, or if your
position has been eliminated during the leave, then you will not be entitled to
reinstatement.
Prior to being allowed to return to work, an employee wishing to return from a
Serious Health Condition Leave must submit an acceptable release from a health
care provider that certifies the employee can perform the essential functions of the
job as those essential functions relate to the employee's serious health condition.
For an employee on intermittent FMLA leave, such a release may be required if
reasonable safety concerns exist regarding the employee’s ability to perform his or
her duties, based on the serious health condition for which the employee took the
intermittent leave
“Key employees,” as defined by law, may be subject to reinstatement limitations in
some circumstances. If you are a “key employee,” you will be notified of the
possible limitations on reinstatement at the time you request a leave.
h.
Fraudulent Use of FMLA Prohibited
An employee who fraudulently obtains Family and Medical Leave from the District
is not protected by FMLA’s job restoration or maintenance of health benefits
provisions. In addition, the District will take all available appropriate disciplinary
action against such employee due to such fraud.
i.
Additional Information Regarding FMLA
A Notice to Employees of Rights under FMLA (WHD Publication 1420) is included in
this handbook under Appendix A.
26
Rev. Apr. 2015
Special FMLA Rules Apply to Employees of Schools
The special rules affect the taking of intermittent leave or leave on reduced
schedule, or leave near the end of an academic term (semester), by instructional
employees.
“Instructional employees” – those whose principal function is to teach and instruct
students in a class, a small group or an individual setting. The term includes
teachers, athletic coaches, and special education assistants. The term doesn’t
apply to teacher’s assistants or aids, counselors, curriculum specialists, cafeteria
workers, maintenance workers, or bus drivers.
Leave taken for a period that ends with the school year and begins the next
semester is leave taken consecutively rather than intermittently. The period during
the summer vacation, when the employee would not have been required to report
for duty is not counted against the employee’s FMLA leave entitlement. An
instructional employee who is on FMLA leave at the end of the school year must be
provided with any benefits over the summer vacation that employees would
normally receive if they had been working at the end of the school year.
If an eligible instructional employee needs intermittent leave or leave on a reduced
leave schedule to care for a family member with a serious health condition, to care
for a covered service member, or for the employee’s own serious health condition,
which is foreseeable based on planned medical treatment, and the employee
would be on leave for more than 20 percent of the total number of working days
over the period the leave would extend, the employer may require the employee
to choose either to:
 Take leave for a period or periods of a particular duration, not greater than
the duration of the planned treatment; or
 Transfer temporarily to an available alternative position for which the
employee is qualified, which has equivalent pay and benefits and which
better accommodates recurring periods of leave than does the employee’s
regular position.
These rules apply only to a leave involving more than 20 percent of the working
days during the period over which the leave extends. For example, if an
instructional employee who normally works five days each week needs to take two
days of FMLA leave per week over a period of several weeks, the special rules
would apply. Employees taking leave which constitutes 20 percent or less of the
working days during the leave period would not be subject to transfer to an
alternative position.
“Periods of a particular duration” means a block, or blocks, of time beginning no
earlier than the first day for which leave is needed and ending no later than the last
day on which leave is needed, and may include one uninterrupted period of leave.
If an instructional employee does not give required notice of foreseeable FMLA
leave to be taken intermittently or on a reduced leave schedule, the District may
27
Rev. Apr. 2015
require the employee to take leave of a particular duration, or to transfer
temporarily to an alternative position. Alternatively, the District may require the
employee to delay the taking of leave until the notice provision is met.
There are also different rules for instructional employees who begin leave more
than five weeks before the end of a term, less than five weeks before the end of a
term, and less than three weeks before the end of a term. Regular rules apply
except in circumstances when:
1. An instructional employee begins leave more than five weeks before the
end of a term. The employer may require the employee to continue taking
leave until the end of the term if
 The leave will last at least three weeks, and
 The employee would return to work during the three-week period before
the end of the term.
2. The employee begins leave during the five-week period before the end of a
term because of the birth of a son or daughter; the placement of a son or
daughter for adoption or foster care; to care for a spouse, son, daughter, or
parent with a serious health condition; or to care for a covered service
member. The employer may require the employee to continue taking leave
until the end of the term if
 The leave will last more than two weeks, and
 The employee would return to work during the two-week period before
the end of the term.
3. The employee begins leave during the three-week period before the end of
a term because of the birth of a son or daughter; the placement of a son or
daughter for adoption or foster care; to care for a spouse, son, daughter, or
parent with a serious health condition; or to care for a covered service
member. The employer may require the employee to continue taking leave
until the end of the term if the leave will last more than five working days.
For purposes of these provisions, “academic term” means the school semester,
which typically ends near the end of the calendar year and the end of spring each
school year. In no case may a school have more than two academic terms or
semesters each year for purposes of FMLA.
An example of leave falling within these provisions would be where an employee
plans two weeks of leave to care for a family member which will begin three weeks
before the end of the term. In that situation, the employer could require the
employee to stay out on leave until the end of the term.
If an employee chooses to take leave for “periods of a particular duration” in the
case of intermittent or reduced schedule leave, the entire period of leave taken will
count as FMLA leave.
In the case of an employee who is required to take leave until the end of an
academic term, only the period of leave until the employee is ready and able to
28
Rev. Apr. 2015
return to work shall be charged against the employee’s FMLA leave entitlement.
The employer has the option not to require the employee to stay on leave until the
end of the school term. Therefore, any additional leave required by the employer
to the end of the school term is not counted as FMLA leave; however, the
employer shall be required to maintain the employee’s group health insurance and
restore the employee to the same or equivalent job including other benefits at the
conclusion of the leave.
Military Reserves or National Guard Leave of Absence
Employees who serve in U.S. military organizations, state military groups or who
serve in the National Disaster Medical System may take the necessary time off
without pay to fulfill this obligation and will retain all of their legal rights for
continued employment under existing laws.
These employees may apply accrued personal leave and unused earned vacation
time to the leave if they wish; however, they are not obliged to do so.
You are expected to notify your Supervisor as soon as you are aware of the dates
you will be on duty, so arrangements can be made for replacement during this
absence.
Military Leave
Both state and federal law provide employees with the right to take leave in order
to serve in the military. At the federal level, military leave rights are governed by
the Uniformed Services Employment and Reemployment Rights Act, commonly
referred to as USERRA. This policy discusses military leave under USERRA.
USERRA establishes a “floor” for employees’ rights with respect to military leaves.
States may provide an employee with greater or additional rights with respect to
military leaves than those under USERRA.
Eligibility for Leave
The District provides unpaid military leaves of absence to employees who serve in
the uniformed services as required by USERRA and applicable state laws. The
uniformed services are defined as the Army, Navy, Marine Corps, Air Force, Coast
Guard, Army National Guard, Air National Guard, and Commissioned Corps of the
Public Health Service and any other category of persons designated by the
President of the United States in time of war or national emergency. The
uniformed services also include participants in the National Disaster Medical
System when activated to provide assistance in response to a public health
emergency, to be present for a short period of time when there is a risk of a public
health emergency, or when they are participants in authorized training.
Service consists of performing any of the following on a voluntary or involuntary
basis: active duty, active duty for training, initial active duty, inactive duty training,
29
Rev. Apr. 2015
full time National Guard duty, absence from work for an examination to determine
fitness for such duty, and absence for performing funeral honors duty. Total
military leave time may not exceed five years during employment, except in
certain, defined circumstances.
Notice of Leave
Advance notice of leave is required, preferably in writing, unless giving of notice is
impossible or unreasonable, or notice is prohibited by military necessity (which is
defined by the United States Department of Defense). When notice is required,
employees must provide their supervisor with as much advance notice as possible
of any anticipated leave of absence for military service. Accrued, unused vacation
will be paid during military leave at the employee’s request. After 30 days of
continuous military leave, employees may elect to continue their health plan
coverage at their own expense, for up to 24 months or during the remaining period
of service, whichever is shorter.
Reinstatement
In order to be eligible for reinstatement, an employee must have provided advance
notice of the need for military leave (where required) and have completed his or
her service on a basis that is not dishonorable or otherwise prohibited under
USERRA.
Employees whose military service is less than 31 days must report to back to work
at the beginning of the first full, regularly scheduled work day following completion
of service, after allowing for a period of safe travel home and 8 hours of rest.
Employees whose military service is more than 30 days, but less than 181 days
must apply for reemployment within 14 days after completing service.
Employees whose service is greater than 180 days must apply for reemployment
within 90 days after completing service.
As with other leaves of absence, failure to return to work or to reapply within
applicable time limits may result in loss of reemployment rights. Full details
regarding reinstatement are available from Human Resources.
In general, an employee returning from military leave will be reemployed in the
position and seniority level that the employee would have attained had there been
no military leave of absence. If necessary, the District will provide training to assist
the employee in the transition back to the workforce.
Vacation benefits do not continue to accrue during a military leave of absence.
An employee returning from military leave is entitled to any unused, accrued
vacation benefits the employee had at the time the military leave began minus any
vacation benefits the employee chose to use during the leave. Upon
reinstatement, the employee will begin to accrue vacation benefits at the rate he
or she would have attained if no military leave had been taken.
30
Rev. Apr. 2015
If the employee works in a state that provides rights greater than those provided
under USERRA, the District will provide those rights.
Personal Leave of Absence
Any leave of absence must be approved in advance. Approval will be made on a
case-by-case basis with the needs of Southwest Preparatory School being the
determining factor. All approved leaves of absences may be unpaid. Employees may
continue their health insurance coverage, as well as other voluntary coverage, by
paying the entire premium(s) during their absence if the leave will be greater than
one month in duration.
Discretionary Leave of Absence
Leaves will not be granted for any of the reasons that qualify for a leave under the
FMLA unless the Employee has obtained an FMLA leave and has depleted the 12weeks entitlement. Additional time may then be requested under Discretionary
Leave of Absence policy for the same reason as the FMLA leave; however, all the
rights and entitlement provided under the FMLA are not applicable.
If an Employee or an absence does not meet FMLA eligibility or qualification
criteria, the Employee may request to use accrued time off or request a
discretionary leave of absence under the provisions of the applicable personnel
policy.
Bereavement Leave
An employee who wishes to take leave due to the death of a family member
should notify their supervisor immediately.
Bereavement Leave may begin with the day of death of the person, or may begin
from the date of actual burial or funeral or memorial service.
Employees are allowed up to three (3) consecutive days off from regularly
scheduled duty with regular pay in the event of the death of the employee’s
spouse, child, father, mother, father-in-law, mother-in-law, brother, sister,
stepfather, stepmother, stepbrother, stepsister, stepson or stepdaughter,
grandparent, grandchild or spouse's grandparent, brother in law, sister in law, son
in law or daughter in law or legal guardian.
To be eligible for paid bereavement leave, the employee generally must attend the
funeral or memorial service of the deceased relative.
Employees are allowed one (1) day off from regular scheduled duty with regular pay
in the event of death of the employee’s aunt or uncle. To be eligible for paid
bereavement leave, the employee generally must attend the funeral of the
deceased relative.
31
Rev. Apr. 2015
Employees are allowed up to four hours of bereavement leave to attend the
funeral of a fellow employee or retiree of the District, provided such absence
from duty will not interfere with normal operations of the District. To be eligible
for pay under this provision, the employee generally must attend the funeral or
memorial service of the deceased regular employee or retiree.
Part-time regular employees who average 20 hours or more each week are also
eligible for Bereavement Leave and allowed up to three (3) consecutive days off from
regularly scheduled duty with regular pay compensated for the hours normally
worked those days absent. Part-time regular employees will follow the same
procedure as outlined for full-time employees aforementioned.
An employee may, with his or her supervisor’s approval, use any available
personal days for additional time off as necessary.
Limitations on Leave of Absence
Any employee, who for any reason or combination of reasons other than leaves of
absence under FMLA, USERRA (Uniform Services Employment and Reemployment
Rights Act), the ADA, and/or applicable state and local law, misses a total of six
months of work in a twelve-month period, or a total of nine months of work in an
eighteen-month period, may be separated from employment due to unavailability
for work. Any employee so separated will be eligible for rehire and will be able to
apply for any vacancies that may exist at any given time, depending upon
qualifications and availability of job openings. Before termination takes place,
individual circumstances will be reviewed to ensure that any separation or
termination complies with federal, State and local law.
32
Rev. Apr. 2015
Hours, Pay & Performance Policies
Attendance
You are expected to adhere to the work schedule designated by the District.
Predictable and regular attendance is expected. It is your responsibility to notify
your immediate supervisor of any absences as far in advance of your starting time
as possible. If your immediate supervisor is not available, another supervisor
should be notified. Absences must be verbally reported by you or an immediate
member of your family (only if you are physically unable to do so) no later than one
hour from the beginning of your shift or normal workday. Please note that leaving
a voicemail, sending an email or a text message, etc. is not an acceptable form of
notification. If you fail to give such notification, you will have to explain an
unexcused absence and could be subject to disciplinary action.
Management reserves the right to require documentation to substantiate any
absence. If you are absent for three (3) consecutive days without giving the
District notification, your absence may be considered a voluntary resignation
(unless it is a medical emergency which prevents you from reporting your
absence), effective the first day of the absence.
You are expected to report to work on time. Excessive absenteeism or tardiness
may subject you to disciplinary action, up to and including termination of
employment, unless the reason is legally protected or otherwise excused.
Direct Deposit
We encourage direct deposit for all Employees as it is the easiest way to receive
your pay. Employees are requested to provide information to initiate direct
deposit within 5 days of their date of hire.
The following circumstances constitute an exception to the direct deposit
practice:
 An employee’s last pay may be by check to facilitate the checkout process
and insure that Southwest Preparatory School property is returned prior
to departure. The preferred method will still be by direct deposit.
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 District. Employees are
recognized at Board meetings and through special events and activities. This is
an ongoing process. All employees are encouraged to submit recommendations
on how to recognize employees and/or submit ideas about cost saving measures.
33
Rev. Apr. 2015
Garnishments
We expect you to manage your financial affairs so that we will not be obligated to
execute any court-ordered wage assignment/garnishment against your wages.
However, whenever court-ordered deductions are to be taken from your paycheck,
you will be notified and the District will fulfill its obligations in accordance with the
law. According to the Federal Wage Garnishment Act, three (3) or more
Garnishments may be cause for dismissal.
Hours of Work
Working hours for campus employees will be set by the campus Principal or direct
supervisor. Daily and weekly schedules may be changed from time to time at the
discretion of Southwest Preparatory School to meet varying operational demands.
District employees work hours are established by the needs of the District and
coordinated with your supervisor.
All employees are expected to report to work when asked and work the
established, scheduled hours unless previously approved by management. Failure
to adhere to your given schedule may result in disciplinary action, up to and
including termination of employment, unless the reason is legally protected or
otherwise excused.
Exempt Employees
Exempt employees are required to work according to the work schedule set by the
District. A school calendar is adopted each year designating the work schedule for
teachers, required in-service days and all school holidays.
Non-Exempt
All non-exempt employees work schedules are established by their Principal or
Supervisor.
Overtime
Southwest Preparatory School‘s work week is from 12:01 a.m. Monday and ends
at 12:00 Midnight Sunday.
Employees with an employment classification of “exempt” do not receive
overtime. An exempt employee’s salary is compensation for all hours worked
during the work week.
Overtime for non-exempt employees is paid at 1-1/2 times the straight time rate
for hours worked in excess of forty (40) hours in a workweek, or as otherwise
required by applicable law.
34
Rev. Apr. 2015
Overtime must be authorized in writing in advance by your supervisor. Employees
must contact their supervisor regarding work situations that may cause them to
incur overtime and receive authorization to work overtime prior to incurring
overtime. Employees who work overtime without prior approval from their
supervisor may be subject to disciplinary action, up to and including termination of
employment.
Payday and Paychecks
Normally paychecks are distributed either by mail, direct deposit or personal
distribution. If you are scheduled to be absent on a payday, you may make
arrangements with your supervisor to have someone else pick up your paycheck.
However, the person picking up the paycheck must present written authorization
signed by you giving them authorization to pick up the check as well as a valid
picture ID.
All compensation due to an employee, whether supplemental, extra etc. will be all
inclusive and not separate. Dependent upon procedures of the employee’s banking
institution; direct payroll deposits will be available on the morning of each payday.
Pay Dates
Employees are encouraged to follow up with the Director of Business Operations if
they have any questions regarding specific pay dates.
Southwest Preparatory School has scheduled the following pay days:
 Exempt Employees are paid on the last working day of the month.
 Non-Exempt Employees are paid semi-monthly on the 15th and the last
working day of the month.
Review Your Pay Stub
Southwest Preparatory School makes every effort to ensure our employees are
paid correctly. Occasionally, however, inadvertent mistakes can happen. When
mistakes do happen and are called to our attention, we promptly will make any
correction that is necessary. Please review your pay stub when you receive it to
make sure it is correct. If you believe a mistake has occurred or if you have any
questions, please use the reporting procedure outlined below.
Non-exempt Employees
If an employee is classified as a non-exempt employee, the employee must record
all time he or she works each day. An employee’s hours, including arrival,
departure, and meal break times must be recorded accurately. These hours must
be accurately recorded on a time card or the applicable timekeeping system
available to you. Each employee must sign off on his or her hours and verify that
the reported hours worked are complete and accurate. Your time records must
accurately reflect all regular and overtime hours worked, any absences, early or
35
Rev. Apr. 2015
late arrivals, early or late departures and meal breaks. At the end of each pay
period, you should submit your completed hours worked for verification and
approval. When you receive each pay check, please verify immediately that you
were paid correctly for all regular and overtime hours worked each workweek.
Exempt Employees
If you are classified as an exempt, salaried employee, you will receive a salary
which is intended to compensate you for all hours that you may work for the
District.
Exempt employees will be required to use Local leave for full or partial day
absences for personal reasons, sickness or disability.
To Report Violations of This Policy, Communicate Concerns, or Obtain More
Information
It is a violation of the District’s policy for any employee to falsify time records, or to
alter another employee’s time card or any other time record. It is also a serious
violation of District policy for any employee or Supervisor to instruct another
employee too incorrectly or falsely report hours worked or alter another
employee’s time record to under- or over-report hours worked. If any Supervisor
or employee instructs you to: (1) incorrectly or falsely under- or over-report your
hours worked, (2) alter another employee’s time records to inaccurately or falsely
report that employee’s hours worked, or (3) conceal any falsification of time
records or to violate this policy, do not do so. Instead, report it immediately to the
Human Resources Department.
You should not work any hours outside of your scheduled work day unless your
supervisor has authorized the unscheduled work in advance. Do not start work
early, finish work late, work during a meal break or perform any other extra or
overtime work unless you are authorized to do so and that time is recorded on
your time card or timekeeping system. Employees are prohibited from performing
any “off-the-clock” work. “Off-the-clock” work means work you may perform but
fail to report on your time card. Any employee who fails to report or inaccurately
reports any hours worked will be subject to disciplinary action, up to and including
discharge.
If you have questions about deductions from your pay, please contact your Human
Resources Representative immediately. If you believe your wages have been
subject to any improper deductions or your pay does not accurately reflect all
hours worked, you should report your concerns to a supervisor immediately. If a
supervisor is unavailable or if you believe it would be inappropriate to contact that
person (or if you have not received a prompt and fully acceptable reply within
three business days), you should immediately contact Debbie Barrera, Director of
Business Operations at 210-829-8017, option 1, ext 1015.
Every report will be fully investigated and corrective action will be taken, up to and
including termination of any employee(s) who violates this policy.
36
Rev. Apr. 2015
In addition, the District will not allow any form of retaliation against individuals
who report alleged violations of this policy or who cooperate in the District’s
investigation of such reports. Retaliation is unacceptable. Any form of retaliation
in violation of this policy will result in disciplinary action, up to and including
termination of employment.
Payroll Deductions
Automatic payroll deductions for the Texas Teacher Retirement System (TRS) and
federal income tax are required for all full-time employees. Temporary, TRS
retirees and part-time employees who are not eligible for TRS membership must
have their OASDI (Old age, Survivor and Disability Insurance, commonly referred to
as Social Security) and Medicare contributions deducted.
Other payroll deductions employees may elect include deductions for the
employee’s dependent health, voluntary insurance through our 125 Cafeteria
Plan and 403(b) retirement plan. Salary deductions are automatically made for
unauthorized or Leave without Pay.
An accounting of all District property will be conducted at the end of each
semester or school year or when the Employee leaves employment. The
replacement cost of any property, i.e., textbooks, computers etc. not
satisfactorily accounted for may be deducted from the employees pay.
All employees are required to sign the “WAGE DEDUCTION AUTHORIZATION
AGREEMENT” indicating their understanding that all receipts from expenses
incurred on a District credit card should be submitted to the Accounts Payable
Department within the allowable time frame. Any balance not cleared may be
deducted from the employees pay.
Performance Appraisals
Evaluation of an employee’s job performance should be a continual process that
focuses on improvement. Performance evaluations are based on an employee’s
assigned job duties and other job-related criterion. All employees will participate in
the evaluation process with their assigned supervisor each year and
Principals/Supervisors may in cooperation with the employee develop a
Professional Growth and Development Plan. The Plan can assist the employee in
developing professional goals and objectives and provide the Principal a way to
gauge the progress of the employee during the school year and will assist in
developing performance based evaluations.
Principals/Supervisors will provide the Employee with a copy of the employee’s
evaluation form at the beginning of each evaluation period. Employee will initial the
original form indicating their understanding of expectations. Written evaluations will
be completed on forms approved by the District. Reports, correspondence, and
37
Rev. Apr. 2015
memoranda can also be used to document performance information. An Employee
must be provided a copy of any information placed in his/her personnel file. All
employees will receive a copy of their written evaluation, have a performance
conference with their supervisor, and have the opportunity to respond to the
evaluation.
Performance Recognition
Each Campus Principal is encouraged to acknowledge publicly the performance
of employees whose accomplishments are noteworthy.
Salary & Wage Administration
Salaries and wages are determined in accordance with Southwest Preparatory School
Employee Staff Pay schedule. Most salary increases are determined by an
employee’s annual performance evaluation, however the Superintendent has the
authority to make adjustments as deemed appropriate in special situations. While
Southwest Preparatory School is a merit based school, adjustments are determined
by availability of funds.
Special Education Assistants may be required to pass a competency exam within 90
days of their hire date. Individuals will be allowed two attempts to pass the
competency exam. Employees who successfully pass the exam may be eligible for an
increase in pay the month after successful completion.
Your compensation may be reviewed periodically. The key factors to be considered
in recommending an adjustment to your compensation include, but are not limited
to, the quality and quantity of your work performance, your performance in
relation to others, new and added responsibilities that you have assumed or will
assume, salaries in the local area for similar positions and the economic position of
the District. A positive performance review is not a guarantee of a salary increase
or even continued employment. All employees remain employed at will.
Termination
In the event you wish to voluntarily resign your employment with the District, you
are expected to give the District adequate notice of your intentions.
Unless otherwise determined by your contract, a minimum of two (2) calendar
weeks’ notice is expected of all employees who voluntarily resign their
employment. Failure to provide such notice, in writing to your supervisor, may
result in the employee not being eligible for rehire and not receiving accrued,
unused paid time off (as allowed under applicable state and local law). You will be
considered to have resigned your employment if you leave the District because of
these additional reasons, unless the reasons for failure to return are legally
protected: failure to return from any paid or unpaid leave of absence without prior
38
Rev. Apr. 2015
approval, unauthorized absence in excess of three (3) working days, retirement or
death.
The District retains the right to be an “at will” employer and may terminate your
employment with the District at any time, with or without cause. Terminations
may be reviewed to ensure compliance with federal, state and local law as
otherwise described in this Handbook.
Causes for the termination of an employee include, but are not limited to:



















39
Falsifying employment information or other District records;
Poor work performance;
Reduction in work force (layoff);
Violation of District and/or office guidelines, anti-harassment, antidiscrimination and anti-retaliation policies, and rules of conduct;
Failure to respond to disciplinary procedures;
Failure to comply with management’s directions regarding job duties;
Unexcused, excessive absenteeism or tardiness, unless the underlying
reason is legally protected;
Theft, misappropriation of District property, dishonesty, malfeasance;
Acts endangering the safety of others;
Soliciting or accepting gratuities from clients;
Reporting to work intoxicated or under the influence of non-prescribed
drugs;
Engaging in the illegal manufacture, possession, use, sale, distribution or
transportation of drugs;
Bringing or using alcoholic beverages on District property or while engaged
in District business at client or other locations, except where authorized;
Physical fighting or using obscene, abusive or threatening language or
gestures;
Theft of property from the District or its clients, suppliers or employees;
Unauthorized possession of a firearm on District premises (other than as
allowed by law) or while on District business;
Disregarding safety or security regulations;
Failure to maintain the confidentiality of District business or client
information; and
Conduct that jeopardizes the life or property of another, intentional violation
of a law, or violation of a policy or rule adopted to ensure the safety of
employees).
Rev. Apr. 2015
Reporting Time /Timesheets
Employees are responsible for ensuring their time records are accurate and
complete. Falsification of time records will result in disciplinary action, up to and
including termination of employment. Employees are not to wait till the end of the
pay period to complete their time sheets. All time sheets will be signed by the
individual Employee and the employee’s immediate supervisor. Time sheets
delinquent, missing signatures, inaccurate or improperly completed will be
returned and may result in a delayed paycheck.
Timesheets are to be completed on Eduphoria. Each pay period requires an
approved timesheet. It is your responsibility to, complete your timesheet
accurately, print it, have it approved by your supervisor and scan it to the District
assistant for payroll processing. Any printed or scanned timesheet can NOT have
any whiteouts on it. If an error, mark it out with a line and initial the mark out.
40
Rev. Apr. 2015
Employee Benefits
Health, Dental, Disability and Life Insurance Benefits
Benefits shall begin from the date of hire or the first of the following month, subject
to any introductory period required by particular benefit plan.
TRS – Medical Premium Contribution
Southwest Preparatory School and /or the state may contribute towards the cost
of an eligible employee’s health insurance, if participating in a TRS sponsored Health
Care Plan. Details of the choices, costs, rules and regulations will be provided to
all interested Employees by the Human Resources Department.
Holidays
Southwest Preparatory School does not compensate employees for holidays.
Jury and Witness Duty
The District encourages employees to serve on jury or witness duty when called.
You must notify your supervisor of the need for time off for jury or witness duty
and provide a copy of the notice or summons from the court or the subpoena as
soon as it is received so accommodations may be made to allow you to serve, or so
your date of service can be reset if it conflicts with an important District deadline.
Employees will not incur any reduction in pay for a partial week of absence due to
jury or witness duty. Employees are required to present documentation of the
service and a copy of any compensation they receive.
Employees must call in each morning they serve on the jury and provide feedback
to their supervisor as to the status of their jury duty. Feedback refers to the status
and duration of their jury duty service. Verification from the court clerk of having
served is required and you will be expected to report or return to work for the
remainder of your work schedule on any day you are dismissed from jury or
witness duty.
Voting
The District will provide time off for voting as required by state and local law.
41
Rev. Apr. 2015
Other Court Appearances
Employees will be granted paid leave to comply with a valid subpoena to
appear in civil, criminal, legislative, or administrative proceedings, associated with
the District. Absences for court appearances related to an employee’s personal
business may be taken as personal leave. Employees may be required to submit
documentation of their need for leave for court appearances. In the event that
court appearance takes more time than leave is available, the leave time will be
unpaid.
Paid Time Off
Contract employees receive five (5) local days of personal leave annually. The
leave will be available immediately but will accrue at the rate of four (4) hours per
month August through May of each school year. Employees who have
exhausted their leave and resign or leave employment for any other reason
prior to accruing the 5 days will have their pay reduced for the portion of leave not
accrued. Para-Professional staff who work year round (226 days) will receive an
additional ten (10) days leave to be taken during the summer months. All leave
will be scheduled with the Principal and/or Supervisor to ensure adequate
coverage. Every request for leave will be considered but the needs of the
Campus/Office will have priority.
Employees who have responsibility for working on more than one campus will
notify each campus Principal, as well as their designated supervisor, of their
absence. Failure to notify all parties, in lieu of a verifiable emergency, may result in
denial of leave and subsequent payroll deduction in the event the Employee has
exhausted their personal leave and may subject the Employee to further
disciplinary action.
New employees beginning employment on or after January 1st of the school
year will receive 2.5 days of personal leave to be used during the period January –
June of the school year. Para-professional employees with year round schedules
will receive 5 days of leave to be taken during the summer months of June - July.
Leave will be available immediately but will accrue at the rate of 4 hours per month
January through June of each school year. Employees who have exhausted their
leave and resign or leave employment for any other reason prior to accruing the 2.5
days will have their pay reduced for the portion of leave not accrued.
Southwest Preparatory School has no provision for “carry over” of any unused
leave balances.
Procedure for Requesting Leave
All leave is to be requested in advance, when possible, and the appropriate leave
form submitted to the Principal/Supervisor at least 10 days in advance of the time
requested. Leave requests due to illness etc. that cannot be preplanned are to be
submitted to the Principal/Supervisor immediately upon return to work. Approval
42
Rev. Apr. 2015
of all leave requests will be contingent upon the needs of the School. The
Principal/Supervisor either approves or disapproves the request and forwards to
the Human Resources Department for record keeping no later than 3 days after the
leave was taken. The Employee is to keep a copy for their records.
Documentation of all leave, personal, medical or professional, will be done
through Eduphoria, which is located on the District webpage. Assistance with
documenting leave can be provided by our school administration and/or the
Human Resources Department. Handwritten documentation of leave may not be
accepted.
Should an Employee exhaust all personal days or vacation time, any additional
absences may result in leave without pay. Absences will be computed on a daily
rate of pay basis and may be deducted from the employees next pay check.
Contract exempt employees who may have to leave during the school day for short
periods of time are not required to deduct the time away from their personal days;
however, the Employee is required to notify the Principal or Principal designee
that they will be off campus. It is the employee’s responsibility to notify the
Principal of their departure from campus and their return by providing a statement
addressed to the Principal or designee, stating departure and return time. Upon
return to the campus, the Employee will notify the Principal of their return. The
Principal may require a sign out/sign in record.
Supplemental Insurance Benefits
IRS Section 125 Cafeteria Plan
Employees may be eligible to participate in the Cafeteria Plan (Section 125) under
IRS regulations, and are required to either accept or reject this benefit. This plan
enables employees to pay certain insurance premiums on a pre-tax basis.
Flexible Spending Account
Southwest Preparatory School may also offer employees an opportunity to
participate in a Flexible Spending Account (FSA) to cover cost for certain medical and
dependent day care expenses at a pre-tax savings, e.g., health insurance copayments, dental/vision care, diabetic supplies.
 Flexible Spending Account: maximum annual deferral is $2,500.00.
 Flexible Spending Account dependent care maximum deferral is $5,000.00
(Cost of licensed day care expenses)
43
Rev. Apr. 2015
 Employees should enroll in the Section 125 Plan during the annual open
enrollment period each year to take advantage of the pre-tax savings.
The Employee may withdraw monies from these accounts throughout the plan
year as eligible expenses are incurred. If applicable, Plan documents are located online and information will be provided during the annual Employee in-service.
You do not have to participate in the FSA to take advantage of any other before tax
benefits.
Supplemental Retirement Plans
In addition to participation in the Teachers Retirement System of Texas, Southwest
Preparatory School offers employees the opportunity to participate in one
additional voluntarily retirement plan, the 403(b). Southwest Preparatory School
has approved and adopted a plan for the 2014-2015 school year with American
Funds. The plan documents and related information regarding the plan may be
viewed in the Human Resources Department.
The Employer may or may not choose to make contributions to the 403(b) plan
for participating employees dependent upon fiscal capability.
The Southwest Preparatory School 403(b) plan is a voluntary retirement plan.
Individual investment options are intended to provide Employee flexibility and
control in managing their individual retirement plan. Contact the Human
Resources Department for assistance with obtaining further information or
enrollment in the 403(b) retirement plan.
Teacher Retirement
All personnel employed on a regular basis for at least one-half of the normal work
schedule are members of the Texas Teacher Retirement System (TRS). Substitutes
who work at least 90 days a year are also eligible for TRS membership and eligible 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. In addition, an estimate of retirement benefits is also
provided.
Employees who plan to retire under TRS should notify the Human Resource
Department as soon as possible. Information on application procedures for TRS
benefits is available from the Business Office. Additional inquiries should be
addressed to: Teacher Retirement System, 1000 Red River Street, Austin, TX
78701-2698, or call (800) 223-8778 or (512) 397-6400.
44
Rev. Apr. 2015
Unemployment Compensation Insurance
Employees who have been laid off or terminated through no fault of their own may
be eligible for unemployment compensation benefits under the Texas
Unemployment Compensation Act.
Employees are not eligible to collect unemployment benefits during regularly
scheduled breaks in the school year and/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 Texas
Workforce Commission.
45
Rev. Apr. 2015
General District Policies
Accident Procedure
All employees must report any injury and/or accident to his or her supervisor and
Human Resources immediately.
Anti-Retaliation Policy
The District strictly prohibits retaliation against any person by another employee or
by the District for using the District’s complaint procedure, reporting harassment
or discrimination, or for filing, testifying, assisting or participating in any manner in
any investigation, proceeding or hearing conducted by the District or a
governmental enforcement agency. The District also prohibits retaliation and
discrimination against an individual for filing a workers’ compensation claim, hiring
an attorney in connection with a workers’ compensation claim, testifying in a
workers’ compensation hearing or otherwise participating in a workers’
compensation proceeding. Prohibited retaliation includes, but is not limited to,
termination, demotion, suspension, failure to hire or consider for hire, failure to
give equal consideration in making employment decisions, failure to make
employment recommendations impartially, adversely affecting working conditions,
or otherwise denying any employment benefits.
The District does not consider conduct in violation of this policy to be within the
course and scope of employment and does not sanction such conduct on the part
of any employee, including management employees. Such prohibited conduct may
lead to discipline, up to and including termination of employment.
Drug-Free Workplace Policy
Purpose and Coverage
The District values its employees and customers and recognizes the need for a safe,
productive and healthy work environment. Employees who abuse drugs and/or
alcohol are less productive, less dependable, and are a critical threat to the safety,
security and welfare of co-workers, customers, vendors, those who do business
with the District, as well as the general public. The establishment of a Drug-Free
Workplace Policy is consistent with District’s desire to provide a safe, productive
work environment for our employees.
Accordingly, it is the policy of the District to maintain a work environment free
from the use and abuse of illegal drugs and alcohol. Compliance with this Policy is
a condition of employment. Failure to comply with this policy may result in
termination without prior warning. If questions arise regarding this Policy, please
direct them to the Human Resources Department.
46
Rev. Apr. 2015
This Policy covers all employees of the District, including employees who are also
covered by and subject to rules regarding the use of illegal drugs and alcohol under
United States Department of Transportation (DOT) regulations. Employees who are
covered by and subject to the DOT regulations must comply with this Policy and
the District’s DOT-Regulated Drivers’ Drug and Alcohol Policy. Co-employees under
the direction and control of Southwest Preparatory School may also be required to
be tested if required under a client’s drug and/or alcohol testing policy, provided
that the testing is in accordance with the policy and the policy complies with
applicable law.
This Policy, by its terms, also covers applicants insofar as applicants, after a
conditional offer of employment has been made, may be required to take and pass
a pre-employment drug test. Applicants, however, are not entitled to participate
in any Employee Assistance or Rehabilitation Program offered by the District to its
employees.
“Southwest Preparatory School Premises” include all buildings, grounds, parking
lots, at all campuses and any other District property.
Non-Discrimination
In accordance with the requirements of the Americans with Disabilities Act and the
Americans with Disabilities Act Amendment Act, and applicable state law, the
District does not discriminate against employees or applicants who are qualified
individuals with a disability. This includes individuals who are not currently
engaged in use of illegal drugs and who do not otherwise violate the provisions of
this Policy, including but not limited to individuals who: 1) have successfully
completed a supervised rehabilitation program and are no longer engaging in
illegal drug use; 2) have otherwise been rehabilitated successfully and are no
longer engaging in such use; or 3) are participating in a supervised rehabilitation
program and are no longer engaging in such use.
Inspections
The District reserves the right to inspect vehicles, premises, and property (including
offices, desks, lockers and other repositories) and personal effects (such as lunch
boxes/bags, purses, gym bags, backpacks, handbags, briefcases, packages or coats)
where there is reasonable cause to believe that an employee has violated this
Policy.
Definitions
For the purposes of this policy, “employee” means an employee, independent
contractor or person working for an independent contractor who performs services
for compensation, in whatever form, for the District.
“Drug” means a controlled substance, as defined in Schedules I through V of
Section 202 of the Controlled Substances Act, 21 U.S.C. § 812, including cocaine,
opiates, marijuana, amphetamines, phencyclidine (PCP).
47
Rev. Apr. 2015
The term "illegal drug" includes all drugs the possession or use of which are made
unlawful under federal, state, or local law. “Illegal drug” does not include drugs
obtained and taken under supervision by and in accordance with prescriptions or
other instructions issued by a licensed health care professional and other drugs
otherwise authorized to be used under the Controlled Substances Act.
Under the influence of alcohol means (1) the presence of alcohol in the individual’s
system which equals or exceeds a blood alcohol content (BAC) of .04; or (2)
behavior, appearance, speech, or bodily odors that lead a supervisor or Supervisor
to reasonably suspect that the employee is impaired by alcohol during working
time or on District premises.
“Dilute Specimen” means a urine specimen with creatinine and specific gravity
values that are lower than expected in human urine.
“During working time” means time during which the employee is being paid to
work for or represent the District or the employee is in fact representing the
District’s interests (including while assigned to a client site). The term also includes
all paid break and meal periods.
“Substituted Specimen” means a urine specimen with creatinine and specific
gravity values that are so diminished that they are not consistent with human
urine.
“Adulterated Specimen” means a urine specimen that has been altered as
evidenced by test results showing either a substance that is not a normal
constituent for a urine specimen or an abnormal concentration of an endogenous
substance.
Policy Prohibitions
Employees are strictly prohibited from engaging in the conduct listed below.
With respect to illegal drugs, employees violate this Policy by engaging in the
following conduct, whether or not during work time or on the District’s premises or
property:

bringing and/or storing (including in a desk, locker, automobile, or other
repository) illegal drugs, hallucinogens, or drug paraphernalia on the
District’s premises or property, in District owned or leased vehicles, in
vehicles used for District purposes, or on client premises or property
 having possession of, being under the influence of, testing positive for, or
otherwise having in one’s system, illegal drugs or their metabolites
 using, consuming, transporting, distributing or attempting to distribute,
manufacturing, selling or dispensing illegal drugs
48
Rev. Apr. 2015







Engaging in activity that results in a conviction, and/or a conviction or plea
of guilty relative to any criminal drug offense while employed by the
District. All employees must notify the District in writing of any criminal drug
conviction no later than five (5) calendar days after such conviction
abuse of prescription drugs which includes exceeding the recommended
prescribed dosage or using others’ prescribed medications
switching, tampering with or adulterating any specimen or sample collected
under this Policy, or attempting to do so, or refusing to cooperate with the
terms of this Policy
refusing a test, including conduct obstructing testing such as failure to sign
necessary paperwork, failing to report to the collection site at the appointed
time and failing to remain available for a post-accident test
failure to consent to, participate in and abide by the terms and
recommendations of any Employee Assistance Program (EAP) assessment or
rehabilitation program to which the District makes a referral, including but
not limited to, failure to follow recommendations, if any, regarding behavior
modification and abstinence or failure to be available for any prescribed
continuing or follow-up sessions
failure to advise a supervisor or Supervisor of the use of a prescription or
over-the-counter drug which may alter the employee’s ability to perform the
essential functions of his or her job– Note: where lawful, we have contracted
with our laboratories and Medical Review Officers, (“MRO”), to take
additional measures in the event of detection of prescription drugs that you
have not informed us of – where prescription drugs are detected, an
occupational health physician, likely the Medical Review Officer, will review
the essential requirements of your job, and, if the medication listed would,
in the physician’s opinion after a review of and investigation into the facts,
affect your ability to perform those functions, the MRO will inform the
District of the prescription, and the District reserves the right to initiate an
interactive process and to work with you to decide how, if at all, these
circumstances would affect your employment status, or
failure of employees to notify his or her supervisor before going to work if 1)
he or she believes that he or she is under the influence of drugs and/or 2) is
taking medication that may prohibit the employee from discharging his/her
duties in a safe manner.
The District will not generally consider use of medical marijuana or hemp products
a valid medical explanation for a positive marijuana test result except where
required by state law.
With respect to alcohol, employees violate this Policy by engaging in the following
conduct during work time or on District premises or property which includes all
District work sites, District owned or leased vehicles, vehicles used for District
purposes, and client premises or property:
49
Rev. Apr. 2015








bringing and/or storing (including a desk, locker, automobile, or other
repository) alcohol on the District premises or property as defined above
having possession of, being under the influence of, testing positive for or
having in one’s system, alcohol
using, consuming, transporting, distributing or attempting to distribute,
manufacturing, selling or dispensing alcohol
A conviction or plea of guilty relative to any criminal alcohol offense. All
employees must notify the District in writing of any criminal alcohol
conviction no later than five (5) calendar days after such conviction
switching, tampering with or adulterating any specimen or sample collected
under this Policy, or attempting to do so
Refusing to cooperate with the terms of this Policy which includes submitting
to questioning, alcohol testing, medical or physical tests or examinations,
when requested or conducted by the District or its designee. A refusal to
test includes conduct obstructing testing such as failure to sign necessary
paperwork, failing to report to the collection site at the appointed time and
failing to be reasonably available for a post-accident test
failure to consent to, participate in and abide by the terms and
recommendations of any Employee Assistance Program (EAP) assessment or
rehabilitation program to which the District makes a referral, including but
not limited to, failure to follow recommendations, if any, regarding behavior
modification and abstinence or failure to be available for any prescribed
continuing or follow-up sessions, or
failure of employees to notify his or her supervisor before going to work if he
or she believes that he or she is under the influence of alcohol.
There may be occasions when it is permissible to consume reasonable amounts of
alcohol during regular work hours, provided that consumption of alcohol is
authorized by Deputy Superintendent or Superintendent. Examples of occasions
that might qualify for exemption include business functions, office celebrations,
professional events or professional association meetings, business travel, or
marketing/entertaining clients or potential clients. Employees who choose to
consume alcohol at such functions are expected to act responsibly and to refrain
from becoming intoxicated or impaired.
Notwithstanding the foregoing exceptions, employees understand that it is a
violation of this Policy to drive any vehicle while under the influence of alcohol, or
the employee believes that he or she is under the influence of alcohol. Supervisors
or employees who find themselves in these circumstances are expected to ensure
that the involved employee or employees do not drive, but instead take a taxi cab
and/or stay at a hotel.
50
Rev. Apr. 2015
Employees who engage in any of the prohibited conduct listed above are in
violation of this Policy and are subject to discipline, up to and including immediate
termination at the District’s discretion.
While the discipline imposed will depend on the circumstances, ordinarily certain
offenses will result in immediate termination (e.g. possession, sale or use of illegal
drugs on the District’s premises or during working time).
In the event an employee is not terminated for a policy violation, the District
reserves the right to refer employees with a verified positive drug and/or
confirmed alcohol test for assessment, counseling, rehabilitation services or
treatment by a Rehabilitation Service Provider, Substance Abuse Professional, or
other qualified person licensed or certified in accordance with applicable state law
to provide chemical dependency counseling and to require any employee so
referred to enter into and abide by one or more of the following:

A Rehabilitation Agreement and/or a Return-to-Work Agreement. Costs
associated with this benefit may be covered by the employee’s medical
insurance plan; however, any costs not covered by the employee’s medical
insurance plan and which are not otherwise required to be paid by any
applicable plan are entirely the employee's sole responsibility.
Testing
The District reserves the right, within the limits of federal, state and local laws, to
examine and test for the presence of drugs and/or alcohol. Under the conditions
of this Policy, applicants or employees may be asked to submit to a medical
examination and/or submit to urine, hair, saliva, blood, or breath testing for drugs
and/or alcohol.
Circumstances of Testing:
The types of testing performed by the District may include, but are not limited to,
the following:
Pre-Employment/Pre-Placement
The District may make all offers of employment subject to and conditioned
on the applicant submitting to a pre-hire drug test and receiving a negative test
result. Applicants applying for safety-sensitive jobs may also be required to submit
to a pre-hire alcohol test and receive a negative test result.
If the applicant tests positive or if the applicant refuses to undergo testing, the
offer of employment will be withdrawn.
Post-Accident
A drug and/or alcohol test will be conducted for all employees whose acts,
or failures to act, appear to have caused or contributed to an accident occurring
during work time, on work premises, or while operating a District-provided
51
Rev. Apr. 2015
vehicle. Covered accidents include accidents that result in: 1) personal injury to
employees or others which necessitates emergency first aid and/or off-site medical
attention; and/or 2) damage to the District’s property.
Employees are expected to report an accident immediately, and to remain
available for post-accident testing. If circumstances require an employee to leave
the scene of an accident, the employee must make a good faith attempt to notify
the District of his or her location as soon as possible. Any employee who fails to
report any work-related accident is in violation of this Policy and is subject to
disciplinary action, up to and including termination. Employees asked to submit to
such tests will be escorted to the collection site and then sent home until test
results are received. All employees sent for post-accident testing will be placed on
a non-disciplinary suspension until the District receives the test results. Hourly
employees will not be compensated for time missed from work if the test is
positive, but will be compensated if the test is negative. Employees who test
positive on a post-accident test may be ineligible for workers’ compensation
benefits.
Random
Employees may be subject to unannounced drug tests on a random
selection basis. Employees in safety-sensitive roles may also be subject to random
alcohol testing.
Random selection basis means a mechanism for selection of employees that: 1)
results in an equal probability that any employee from a group of employees
subject to the selection mechanism will be selected, and 2) does not give the
District discretion to waive the selection of any employee selected under the
mechanism.
Please consult your supervisor if you have questions with respect to whether your
position is considered safety-sensitive.
Reasonable Suspicion
Employees will be asked to submit to a drug and/or alcohol test if
reasonable suspicion exists indicating that the employee is under the influence of
illegal drugs or alcohol. Such determinations will be made by a supervisor based
upon factors such as behavior, speech, appearance, and bodily odors. Employees
asked to submit to such tests will be escorted to the collection site and then sent
home until test results are received.
All employees sent for reasonable suspicion testing will be placed on a nondisciplinary suspension until the District receives the test results. Hourly
employees will not be compensated for time missed from work if the test is
positive, but will be compensated if the test is negative.
52
Rev. Apr. 2015
Return-to-Duty
Employees who have tested positive and whose employment is not being
terminated as a consequence will be required to submit to an evaluation for
substance abuse dependence and to complete any education and/or treatment
prescribed by a substance abuse professional. Once released to return to work,
the employee must take and pass a drug and/or alcohol test result prior to
returning work.
Follow-Up
An employee who has been removed voluntarily or otherwise from his or
her job duties on the basis of a verified positive drug test result and/or confirmed
positive alcohol test result will be subject, following the return to work, to
unannounced drug and/or alcohol testing.
The testing will be unannounced, and may continue up to twenty-four (24) months
from the return-to-work date.
Testing Methods
Consent – No alcohol test may be administered, sample collected, or drug test
conducted on any sample without the written consent of the person being
tested. However, a person’s refusal to submit to a proper test will be viewed as a
refusal to test and will subject the person to disciplinary action, up to and including
termination.
Test Costs - Southwest Preparatory School will pay the costs of all drug and/or
alcohol tests it requires of employees and applicants.
Collection and Chain-of-Custody – Persons being tested will be asked to provide a
test sample by the collection site person or medical personnel. Procedures for the
collection of specimens will allow for reasonable individual privacy. Urine
specimens will be tested for temperature, and may be subject to other validation
procedures as appropriate. Dilute urine specimens may require a recollection. The
collection site person and the person being tested will maintain chain-of-custody
procedures for specimens at all times.
Testing Methods – Drug test specimens may include urine, hair, or saliva. All drug
test samples will be screened using an immunoassay technique and all presumptive
positive drug tests will be confirmed using gas chromatography/mass spectrometry
(GC/MS). All confirmatory drug tests will be conducted by a laboratory certified by
the federal Substance Abuse and Mental Health Services Administration to conduct
workplace drug testing. Alcohol tests may be conducted using breath, saliva, or
blood, and will ordinarily be conducted and confirmed immediately at the
collection location. A test result showing 0.04 percent or more alcohol in an
individual’s system will be considered a positive test result. Tests will seek only
information about the presence of drugs and alcohol (or their metabolites) in an
53
Rev. Apr. 2015
individual’s body and will not test for any medical condition. Prescription and over
the counter medications may cause a positive drug test result.
Notification – The District has contracted with a Medical Review Officer (“MRO”) (a
health care professional with an expertise in toxicology) who will attempt to
contact any individual whose drug test sample is confirmed positive by the
laboratory. The MRO will offer the individual an opportunity to discuss, in
confidence, any legitimate reasons he or she may have that would explain the
positive drug test. If the individual provides an explanation acceptable to the MRO
that the positive drug-test result is due to factors other than the consumption of
illegal drugs or other prohibited behavior, the MRO will order the positive test
result to be disregarded and will report the test as negative. Otherwise, the MRO
will verify the test as positive. The MRO may also review test results that are
apparently dilute, substituted, or adulterated, and verify those test results as well.
Test Results – Where required by state law, individuals will be provided with a copy
of their own test result.
Right to Retest – An individual who tests positive for drugs may request that his or
her original sample be sent to a different certified laboratory for another
confirmatory test, at the individual’s expense, although SWPS may suspend,
transfer, or take other appropriate action pending the results of a re-test.
Negative Dilute Specimens – If the District’s MRO informs the District that a
negative drug test was dilute, the following will apply:
Dilute Negative with Low Creatinine – If the MRO indicates that the laboratory
reported the specimen as negative dilute with a creatinine concentration of the
specimen equal to or greater than 2 mg/dL but less than or equal to 5 mg/dL, the
District will immediately instruct the employee to undergo a recollection under
direct observation so that people who may naturally produce low creatinine levels
will not be reported as having substituted their specimens.
Other Dilute Negative – Otherwise, if the creatinine concentration of the dilute
specimen is greater than 5 mg/dL but less than 20 mg/dL, the District will direct the
particular individual to take another test immediately for all test types (i.e., preemployment, post-accident, random, reasonable suspicion, return-to-duty or
follow-up). Such recollections will be unobserved.
Instead of a second urine collection, the District may also elect to require the
individual to submit to another form of test, such as a saliva or hair test.
A refusal to submit to the second test as directed by the District will be deemed a
test refusal.
With respect to dilute recollections/retests, the result of the second test – not the
original dilute result – will be the test of record upon which the District will rely.
54
Rev. Apr. 2015
If the second test is also a dilute negative, the test will be treated as a negative test
result.
Confidentiality and Privacy
All drug and alcohol test results are reported to the Director of Business Operations
and are considered confidential.
Results will only be disclosed within the District on a need-to-know basis and as
allowed by law and retained in a secure location with controlled
access. Information about an employee’s medical condition or history obtained in
connection with a drug and alcohol test will be kept in a separate file and apart
from the employee’s personnel file.
The release of an individual’s drug and alcohol test results and other information
gained in the testing process will only be otherwise disclosed in accordance with an
individual’s written authorization or as otherwise required or permitted by
applicable law.
Employees or applicants will not be observed while providing a urine specimen
unless there is reason to believe the employee or applicant has tampered with,
adulterated, switched or attempted to tamper with, adulterate or switch a urine
specimen. Except where limited by law, one situation in which the District reserves
the right to make an observed collection is when a laboratory reports a specimen
as having a low creatinine concentration (i.e., a creatinine concentration greater
than or equal to 2 mg/dL and less than or equal to 5 mg/dL) and the MRO reports
the specimen as negative and dilute.
Consent
As a condition of employment or continued employment, applicants and
employees must sign a consent form, which will be provided to them along with a
copy of this Policy. Refusal to sign the consent form will result in withdrawal of a
conditional job offer and/or termination.
Reservations of Rights
This Policy supersedes and revokes any other District practice or policy relating to
the use of drugs and alcohol in the workplace and drug and/or alcohol testing
except for the DOT-Regulated Drivers’ Drug and Alcohol Policy. The District
reserves the right to interpret and administer this Policy, and at any time and at its
sole discretion, amend, supplement, modify, revoke, rescind or change this Policy,
in whole or in part, with or without notice and with or without consideration. This
Policy is not an express or implied contract of employment nor is it to be
interpreted as such. Additionally, this Policy does not in any way affect or change
the status of any at-will employee. At-will employees continue to be free to
terminate their employment or resign from employment at any time and the
District continues to be free to terminate employees, with or without cause, with
or without notice, for any lawful reason or for no reason at all.
55
Rev. Apr. 2015
Nothing in this Policy is a promise or guarantee or should be construed as a
promise or guarantee that the District will follow in any particular circumstances
any particular course of action, disciplinary, rehabilitative or otherwise.
Fraud and Financial Impropriety
All employees should act with integrity and diligence in duties involving the
District’s financial resources. The District prohibits fraud and financial impropriety,
as defined below. Fraud and financial impropriety includes but is not limited to the
following:
 Forgery or unauthorized alteration of any document or account belonging to
the District
 Forgery or unauthorized alteration of a check, bank draft or any other
financial document
 Misappropriation of funds, securities, supplies, or other District assets,
including employee’s time
 Impropriety in the handling of money or reporting of District financial
transactions
 Profiteering as a result of insider knowledge of District information or
activities
 Unauthorized disclosure of confidential or proprietary information to outside
parties
 Unauthorized disclosure of investment activities engaged in or contemplated
by the District
 Accepting or seeking anything of material value from contractors, vendors or
other persons providing services or materials to the District;
 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 District
Any person who suspects fraud or financial impropriety shall report the suspicions
immediately to any supervisor, the Superintendent or designee, the Board
President or local law enforcement.
56
Rev. Apr. 2015
Reports of suspected fraud or financial impropriety will be treated as confidential
to the extent permitted by law. Limited disclosure may be necessary to complete a
full investigation or to comply with law. All employees involved in an investigation
shall be advised to keep information about the investigation confidential.
Neither the Board of Directors nor any committed fraud or financial impropriety,
the Superintendent shall take or recommend appropriate action, which may
include termination of employment and, when circumstances warrant, referral to
appropriate law enforcement or regulatory authorities.
Attire
Dress, grooming, and personal appearance standards contribute to the morale of
all employees and affect the professional image presented to students, parents,
and visitors. All staff will be neatly and professionally attired and groomed at all
times. Final judgment regarding any professional dress will rest with the Director
of Business Operations. Southwest Preparatory School has established the
following guidelines for employees in direct care positions:
 Dress flip flops and dress sandals may be worn in the classroom, as long as
they do not present a safety issue. Shoes should be well fitting with no-slip
soles to provide safe and secure footing and protection against hazard.
 All employees (except maintenance personnel) should be dressed in business
casual attire. Shorts, sweats and logo t-shirts with wording on them,
excluding sport team t-shirt, are not allowed.
 Inappropriate jewelry is not allowed or a personal appearance that is
distracting to the work of the school will not be allowed.
 On non-school days casual dress is allowed.
Exceptions to this policy may be made when the Principal on a campus designates
a specific themed dress to promote school spirit at that campus.
Lunch Breaks
All non-exempt employees working 5 or more hours in a day must take a thirty (30)
minutes uninterrupted lunch break, as scheduled with their supervisor. The lunch
break will be taken at a location away from their assigned work station to avoid any
business related interruptions. All teachers are allowed a duty free 30 minute lunch
break.
Other Breaks
Breaks are a privilege allowed by Southwest Preparatory School. Depending on
work load, a non-exempt Employee may be authorized two 15 minute breaks,
the first, midway between their morning shift, and the second, during their
afternoon work period. Breaks will be staggered with other staff so as not to
57
Rev. Apr. 2015
unduly disrupt the normal flow of work. Breaks cannot be accumulated and
taken at a later time. Teachers may be allowed one off period daily in-lieu of
breaks.
Cell Phone Policy
Ringing cell phones are extremely disruptive. Cell phones may only be used during
scheduled break times or in the case of an emergency. Employees in possession of
District issued cell phones are expected to protect the phones from loss, damage or
theft.
Upon resignation or termination of employment, the employee is expected to
return the District issued cell phone to the District. All employees who refuse to
return the District issued cell phone at departure from employment will be
expected to bear the cost of a replacement.
Safety must come before all other concerns, and distractions are to be avoided
while driving. Therefore, while we support the use of cellular telephones for
business purposes, we prohibit employees from using hand held cellular
telephones to conduct business while driving. If an employee needs to make or
take a business call while on the road, the employee should pull off the road and
stop in a safe location, if practicable, prior to using the cell phone. In addition, the
District requires that all employees comply with all state and local laws regarding
the use of cell phones while operating a motor vehicle.
Notification of Parents Regarding Teacher Qualifications
Southwest Preparatory School District receives Title I funds and is required to comply
with the No Child Left Behind Act (NCLB). NCLB requires Southwest Preparatory
School to notify parents/guardians, 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.
Expectations of Conduct
As a District team member, employees are expected to accept certain
responsibilities, follow acceptable business principles in matters of conduct, and
exhibit a high degree of integrity at all times. This not only involves that employees
conduct themselves in an ethical fashion, but also demands that employees refrain
from any behavior that might be harmful to themselves, co-workers, the District, or
that might be viewed unfavorably by current or potential customers or by the
public at large. Employee conduct – both inside and outside of work – reflects on
the District. Employees are, consequently, encouraged to observe the highest
standards of integrity at all times.
58
Rev. Apr. 2015
Code of Conduct
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:
 Recognize and respect the rights and property of students and coworkers and maintain confidentiality in all matters relating to students
and co-workers.
 Report to work according to the assigned schedule.
 Notify their immediate supervisor as early as possible (preferably in
advance) in the event that they must be absent, late or leave campus.
Unauthorized absences, chronic absenteeism, and tardiness may be
cause for disciplinary action.
 Know and comply with department and District procedures and
policies.
 Observe all safety rules and regulations and report injuries or unsafe
conditions to a supervisor immediately.
 Use District time, funds, and property for authorized District business
and activities only.
 Return the classroom and resources assigned in the same condition as
received. Damage to classrooms beyond fair wear and tear may be the
fiscal responsibility of the teacher if it is determined that they were
caused by negligence of the teacher.
Any Employee not complying with the Code of Conduct will be officially warned in
writing.
An Employee may also be reprimanded for not complying with the Code of
Conduct or contract violations. An Employee that receives a third written
reprimand in a contract year may be terminated from employment at Southwest
Preparatory School.
All employees, as public servants, must follow the Code of Ethics and Standard
Practices for Texas Educators (Texas Administrative Code Title 19; Part 7 State
Board for Educator Certification; Chapter 247 Educators’ Code of Ethics). This site
may be accessed through TEA http://www.tea.state.tx.us/
It is considered a violation of the Code of Conduct to resign without the requisite
30 days’ notice as agreed to upon the Employee signing the Annual Contract for
employment. A resignation without the appropriate notice will require notice to
S.B.E.C. for a determination of an Ethics Violation.
59
Rev. Apr. 2015
Arrests and Convictions
An Employee who is arrested for any felony or any offense involving moral
turpitude must report the arrest to the Superintendent, the Principal or the Human
Resources department within three (3) calendar days of the arrest. An Employee
who is convicted of, or receives deferred adjudication, for moral turpitude is also
required to report the event to the Superintendent, the Principal or the Human
Resources department within three (3) days of the event. Moral turpitude includes,
but is not limited to, the following:
 Dishonesty
 Deliberate violence
 Fraud
 Drug or alcohol related offenses
 Deceit
 Acts constituting abuse under the Texas Family Code
 Theft
 Sexually lewd acts
 Misrepresentation
Possession of Firearms and Weapons
Southwest Preparatory School has a Zero Tolerance Policy regarding firearms or
weapons in the work place. Employees, visitors, and students are prohibited from
bringing firearms, illegal 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 Southwest
Preparatory School weapons policy should report it to their Principal and/or
immediate supervisor or the Superintendent.
Visitors in the Workplace
All visitors are expected to enter any Southwest Preparatory School 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 Southwest Preparatory School premises
should immediately direct him or her to the building office or contact a campus
Administrator. This applies to all campuses.
60
Rev. Apr. 2015
Volunteers
All individuals who express a desire to volunteer their services or to partake in
any district/school sponsored activity are required to submit to a Texas
Department of Public Safety Criminal Name-based Background Check. All
Volunteers, which include parents, guardians or grandparents of a child enrolled
at a district school or single-event volunteers and volunteers accompanied by an
employee, are required to submit to a name-based Criminal Background Check
(CBC).
An authorized form to be completed by the volunteer can be obtained from the
Human Resource Department. All name-based CBC will be conducted by the
Director of Business Operations. All information secured during the CBC will be
held by Human Resources. The only information released to the requesting
school official and/or volunteer will be whether the person(s) are cleared to
volunteer or not cleared to volunteer. No specifics of a CBC will be released, unless
required by state and/or federal law.
Confidential Business Information
Any proprietary information concerning the confidential business affairs or trade
secrets of the District and its suppliers, or customers is considered to be
Confidential Business Information. As a condition of employment, all, District
employees agree not to disclose or otherwise misappropriate Confidential Business
Information during or after the termination of their employment with the District.
Employees should not remove Confidential Business Information from the District’s
premises and should return all Confidential Business Information to their
supervisor upon termination.
Misappropriation of the District’s Confidential Business Information may subject
you to legal action.
Conflict of Interest
Employees are required to disclose to their supervisor any situation that creates a
potential conflict of interest with proper discharge of assigned duties and
responsibilities or creates a potential conflict of interest with the best interests of
the District. This includes the following:
 A personal financial interest
 A business interest
 Any other obligation or relationship
An Employee with a substantial interest in a business entity or interest in real
property must disclose the interest to the District prior to the award of a contract
or authorization of payment. This is done by filing an affidavit with the
Superintendent. An Employee is also considered to have substantial interest if a
61
Rev. Apr. 2015
close family member, e.g., spouse, parent, child or spouse’s parent or child, has a
substantial interest.
Customer Relations
The success of the District depends upon the quality of the relationships between
the District and our employees, our students, parents, volunteers, visitors,
suppliers, vendors, and the general public. Their impression of the District and their
interest and willingness to conduct business with us is greatly formed by the
people who serve them. In a sense, regardless of your position, you are the
District’s ambassador. The more goodwill you promote, the more our customers
will respect and appreciate you, the District and our products and services.
Here are several things you can do to help give customers a good impression of the
District:

Act competently and deal with customers in a courteous and respectful
manner, communicate honestly with other employees at all times, and use
your professional judgment to avoid confrontations;
 Follow up on requests and questions promptly, provide businesslike
responses to business inquiries and requests and perform all duties in an
orderly manner; and
 Take great pride in your work and enjoy doing your very best.
Employee Communication Issues
Misunderstandings or conflicts can arise in any organization. To ensure effective
working relations, it is important that such matters be resolved before serious
problems develop. Most incidents resolve themselves naturally; however, should a
situation persist that you believe is detrimental to your employment with the
District, you may follow the procedure described below for bringing your complaint
to management's attention.
Southwest Preparatory School has a philosophy of site based decision making and
Employee conflict resolution. That is to say, decisions and Employee conflict should
be resolved by those closest to the decision or conflict.
Southwest Preparatory School empowers teachers, principals and District
managers to make decisions that affect the operations and success of their
classrooms and departments. Decisions that impact those outside their area of
authority should be coordinated with immediate supervisors; some decisions may
impact the environment of the school and therefore should include decisionmakers in the administration.
Employees experiencing conflicts with other employees should make every effort
to resolve the conflict amicably with the other employee(s) involved. When this is
not possible, the immediate supervisor should be notified. As with decisions,
conflicts should be resolved by those closest to the situation. If a supervisor is
62
Rev. Apr. 2015
unable to resolve the matter to the satisfaction of the employee, the assistant
principal or principal will take appropriate action. If action taken does not resolve
the issue or if any parties to the conflict disagree with action taken, the mediation
process should be followed.
The procedure should not be construed, however, as preventing, limiting, or
delaying the District from taking disciplinary action against any individual, up to
and including termination of employment, in circumstances (such as those
involving problems of overall performance, conduct, attitude, or demeanor) where
the District deems disciplinary action appropriate.
Also refer to the Employee Assistance Program (EAP) Policy and anti-harassment
policy in this Handbook.
Complaints and Grievances
The Board encourages all complaints to be resolved at the lowest level possible.
With the exception of a complaint against the Superintendent, each complaint
must initially be brought at the lowest level of review.
A grievance is defined as a request for relief in an employment matter by an
Employee that affects the Employee and is subject to the control of the
Superintendent. The purpose of a grievance procedure is to:

Assure fair and equitable treatment of employees, Principals, and District
Supervisors

Promote effective working relationships

Encourage discussion and resolution of disagreements between employees
and their Supervisors

Provide an orderly process to handle complaints as quickly as possible
Grievance Procedures
Informal discussion

Informal discussion between the Employee and the immediate supervisor.
Employee concerns and complaints should be promptly and informally
resolved at the lowest possible level of supervision.
 The Employee must orally notify his/or her immediate supervisor of the
grievance as soon as possible.
 The Employee may contact their immediate supervisor’s supervisor if the
grievant alleges misconduct by the immediate supervisor.
63
Rev. Apr. 2015

Within seven calendar days after the report, the Employee and supervisor
will attempt to resolve the complaint locally.
 If resolution is beyond the control of the immediate supervisor, the
immediate supervisor will notify Human Resources who will attempt to
resolve the grievance informally.
Filing a formal grievance with the Campus Principal:

An Employee who wishes to file a formal grievance must put the complaint
in writing to the campus Principal. If applicable a copy of the supervisor’s
written response describing efforts to resolve the grievance informally must
be attached. The Employee must file the formal grievance within 15 school
days of the date the Employee knew or should have known of the alleged
harm.
 The employee’s statement must be sensible and written in understandable
terms. Names, dates and witnesses, if applicable, to the event or action must
be provided. The written statement must describe the rules and or policies
violated. The statement must describe the actions taken to informally
resolve the problem if applicable; and where possible it must have the
employees proposed resolution to the grievance.
 The Principal must respond to the employee and issue a final decision in
writing within 10 days of the Principal’s receipt of the complaint.
Superintendent Review of Grievance
If the Employee bringing the complaint is not satisfied with the campus Principal’s
final decision, then the Employee may file a written appeal to the Superintendent
of Southwest Preparatory School. This written appeal shall be filed with the
Superintendent’s office within 10 school days of the individual’s receipt of the
campus Principal along with a copy of the campus Principal’s final decision. A copy
of the appeal shall also be delivered to the campus Principal.
The appeal must be specific, and where possible suggest a resolution. The
Employee should not include any new issues or complaints unrelated in the original
complaint expressed to the campus Principal.
The Superintendent or the Superintendent’s designee, shall respond to the
complaint and issue a final decision in writing within 15 days of receipt of the
written appeal.
Board of Directors Review of Grievance
If the Employee bringing the complaint is not satisfied with the Superintendent’s
final decision, then the Employee may appeal their complaint in writing to
64
Rev. Apr. 2015
Southwest Preparatory School’s Board of Directors within 10 school days of
receiving the Superintendent’s final decision. The complaint shall be directed to
the President of the Board, and shall include a copy of the written complaint to the
Superintendent along with the Superintendent’s final decision. A copy of the
appeals shall also be delivered to the Superintendent.
The President of the Board, at the next regular meeting of the Board, shall provide
a copy of the complaint record to all Board members. The Board’s decision shall be
decided on a review of the record developed at the Superintendent’s level. Any
action of the Board of Directors regarding the complaint shall be taken in
compliance with the Texas Open Meeting Act.
Disciplinary Actions
Southwest Preparatory School affirms that all employees are expected to conduct
themselves in accordance with all applicable laws, policies and standards.
Southwest Preparatory School disciplinary policy and procedures are intended to
provide a means of ensuring compliance and standards through reasonable and
consistent disciplinary action. Discipline includes oral reprimand, as well as up to
and including termination. Progressive discipline is not warranted in all situations
and the severity of the infraction will dictate the level of punishment.
Definitions
Professional Growth & Development Plan (PG&DP): A formalized written plan to
assist an Employee with improving their work performance. This is intended to be
used as a positive step for employee development and retention.
Corrective Action Plan (CAP): A formalized written plan designed to set out a
specific course of action to correct a disciplinary infraction or a deficiency in
performance. This Plan will reflect expectations, performance timelines and
measures, and what consequences will occur if the plan is not successful. This may
be combined with a PG&DP or a TINA. This may be used as a final course of
disciplinary action.
Teacher In Need of Assistance (TINA): A plan used exclusively for Teachers whose
performance is unsatisfactory in one more domains or below expectation in two or
more domains. This may or may not be used with a CAP. An intervention plan is
developed, which means there are certain areas of performance the teacher must
correct within a specified timeline. This plan includes directives and/or
recommendations for improvement with specific tasks.
Oral Warning: An oral statement by the employee’s Principal or immediate
supervisor given to Employee indicating conduct does not meet an acceptable
level. This is documented in writing by the Principal and/or immediate supervisor.
Written Warning: A written statement to the Employee indicating the employee’s
conduct or performance fails to meet an acceptable level and will be made part of
65
Rev. Apr. 2015
the employee’s personnel file. The Director of Business Operations will be notified
immediately.
Suspension: A Suspension is a removal from duty status for a period of time
pending outcome of an investigation. Suspension may occur with or without pay.
Demotion: A Demotion is reduction in position and salary.
Dismissal: Dismissal is termination from employment for infraction of policy,
standards and/or procedures.
Causes for Disciplinary Action
Unsatisfactory Performance: Unsatisfactory performance is employees’ failure to
meet established standards for their position. Unsatisfactory performance
includes, but is not limited to, inefficiency and gross error.
Insubordination: Insubordination is a general course of conduct evidencing disdain,
disrespect, or contempt for Southwest Preparatory School Administrators including
Superintendent, Associate Superintendents, and Principals, Assistant Principals
and/or supervisors.
Incompetence: Lacking the knowledge, skills, ability, and/or failing to adequately
perform duties of assigned position.
Misconduct: Misconduct is failure to comply with statutes, rules, policies or other
authorities’ directives governing performance and conduct. Misconduct further
includes the following; however, the following list is not all inclusive. It is a guide
for ensuring proper conduct in the workplace:
1. Unauthorized disclosure of confidential information.
2. Willful Failure: Failure to follow Southwest Preparatory School policy and
procedures, failure to complete required reports or forms.
3. Violation of time and leave rules: Includes excessive tardiness and absences.
(Any Employee who enters Leave without Pay status will be considered to be
in violation of this policy).
4. Willful Neglect of Duty: Intentional disregard for supervisory directives or
written policy.
5. Willful Disobedience: Disregard of supervisory directives.
6. Dishonesty: false reports, false claims, misrepresenting work performance,
criminal acts, failure to report a finding of guilt, a plea of guilt, or Nolo
Contendere, to a felony charge.
7. Intoxication, use or possession of alcoholic beverage or drugs during work
hours, or on Southwest Preparatory School property.
8. Discourteous treatment of students, other employees or the general public,
including participating in malicious rumors. All Southwest Preparatory School
employees are responsible for treating all persons with respect and courtesy
and for ensuring procedures employed in carrying out their duties do not
66
Rev. Apr. 2015
violate dignity, constitute harassment or violate constitutional rights. Neglect
of Duty: absence from an assigned duty station, inexcusable failure to
perform an assigned duty, and inexcusable inattention to duty.
9. Dereliction of Duty: Failure of an Employee to appear for three consecutive
days without notice.
Procedures for Disciplinary Action
Southwest Preparatory School believes in fair and consistent treatment of
employees. Principals and Supervisors are charged with ensuring this philosophy is
followed.
1. The Principal/Supervisor will document all infractions of policy in writing, a
copy will be given to the Employee and a signature obtained indicating their
receipt.
2. Should the Employee refuse to sign, indicating receipt, the Principal/
Supervisor will make notation on the copy that it was delivered to the
Employee and he/she refused to sign.
3. A copy will be forwarded to Human Resources for inclusion into the
employees personnel file. Human Resources will maintain a file to track all
disciplinary actions within the District to monitor consistency.
4. In cases that require immediate suspension the Principals/Supervisors will
take the appropriate action and notify the Superintendent and Human
Resources immediately. This will be followed up with a narrative of events
that prompted the suspension.
5. Due process will include an opportunity for any Employee notified of serious
misconduct to remedy such misconduct in a timely manner.
Exit Interviews
Exit interviews will be scheduled for all employees leaving the District. 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 District with a forwarding address and phone number and
complete a questionnaire that provides the District with feedback on their
employment experience. All District keys, books, property, and equipment must be
returned upon separation from employment. Up to the extent allowed by State
and Federal law, the District may withhold the cost of any items not returned from
the final paycheck.
Reports to the Commissioner
The dismissal or resignation of a certified Employee will be reported to the Texas
Commissioner of Education if there is reasonable evidence that the employee’s
conduct involves the following:
67
Rev. Apr. 2015
 Any form of sexual or physical abuse of a minor or any other illegal conduct
with a 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
Employee Protection (Whistleblower) Policy
If any Employee reasonably believes that some policy, practice, or activity of
Southwest Preparatory School is in violation of the law; a written complaint must
be filed by that Employee with the Director of Business Operations, or the Board
President.
It is the intent of Southwest Preparatory School to adhere to all laws and
regulations that apply to the organization and the underlying purpose of this policy
is to support the organization’s goal of legal compliance. The support of all
employees is necessary to achieving compliance with various laws and regulations.
An Employee is protected from retaliation only if he Employee brings the alleged
unlawful activity, policy, or practice to the attention of Southwest Preparatory
School and provides Southwest Preparatory School with a reasonable opportunity
to investigate and correct the alleged unlawful activity. The protection described
below is only available to employees that comply with this requirement.
Southwest Preparatory School will not retaliate against an employee who in good
faith has made a protest or raised a complaint against some practice of Southwest
Preparatory School, or of another individual or entity with which Southwest
Preparatory School has a business relationship, on the basis of a reasonable belief
that the practice is in violation of a law, or a clear mandate of public policy.
Southwest Preparatory School will not retaliate against employees who disclose or
threaten to disclose to a supervisor or a public body, any activity, policy, or practice
of Southwest Preparatory School that the Employee reasonably believes is in
violation of a law or regulation mandated pursuant to law or is in violation of a
clear mandate or public policy concerning the health, safety, welfare, or protection
of the environment.
Gifts
District employees should not accept or solicit personal gifts from their customers,
suppliers or vendors. Modest entertainment expenses or gifts of nominal value are
permissible. All gifts of a personal nature should be returned to the sender.
68
Rev. Apr. 2015
Employees may not accept gifts or favors that could influence, or be construed to
influence the employee’s discharge of assigned duties.
Anti-Harassment Policy
The District believes that all employees should be able to work in an atmosphere
free from all forms of harassment. Therefore, it is our policy to prohibit all types of
harassment, including, but not limited to harassment based on: sex, race, color,
religion, national origin, pregnancy, age, disability, or genetic information. Also
note, the District’s prohibition against sexual harassment applies to same-sex
harassment, as well as traditional forms of harassment, and all allegations will be
taken seriously and investigated promptly and thoroughly.
This policy extends to each and every level of our operations. Accordingly,
harassment, whether by a fellow employee, client, guest, or member of
management, will not be tolerated. Activities of this nature are unlawful and serve
no legitimate purpose; they have a disruptive effect on your ability to perform your
job and they undermine the integrity of the employment relationship.
Prohibited Conduct
Sexual harassment defined: Sexual harassment includes unwanted sexual
advances, requests for sexual favors or visual, verbal or physical conduct of a
sexual nature when:
 Submission to such conduct is made a term or condition of employment;
 Submission to or rejection of such conduct is used as a basis for employment
decisions affecting the individual; or
 Such conduct has the purpose or effect of unreasonably interfering with an
employee's work performance or creating an intimidating, hostile or
offensive working environment.
Sexual harassment includes various forms of offensive behavior. The following is a
partial list:
 Unwanted sexual advances;
 Offering employment benefits in exchange for sexual favors;
 Making or threatening reprisals after a negative response to sexual
advances;
 Visual conduct: leering, making sexual gestures, displaying of sexually
suggestive objects or pictures, cartoons, posters or graffiti;
 Verbal conduct: making or using derogatory comments, epithets, slurs,
sexually explicit jokes, comments about an employee's body or dress;
 Verbal sexual advances or propositions;
 Verbal abuse of a sexual nature, graphic verbal commentary about an
individual's body, sexually degrading words to describe an individual,
suggestive or obscene letters, notes or invitations;
 Physical conduct: touching, assault, impeding or blocking movements; and
 Retaliation for making harassment reports or threatening to report
harassment.
69
Rev. Apr. 2015
This policy applies to harassment by individuals of the same sex or opposite sex.
This policy also protects employees from harassment by vendors,
clients/customers or other third parties not employed by the District. If harassment
occurs on the job by someone not employed by the District, the procedures in this
policy should be followed.
Other Types of Harassment
Harassment on the basis of the following legally protected characteristics: race,
color, religion, creed, sex, pregnancy (including childbirth and related medical
conditions), age (as defined under applicable law), national origin or ancestry,
physical or mental disability, genetic information (including characteristics and
testing) or any other consideration protected by federal, state or local laws is also
prohibited. Examples of prohibited harassment include but are not limited to:
 Verbal conduct including threats, epithets, derogatory comments or slurs;
 Visual conduct including derogatory posters, photography, cartoons,
drawings, emails, websites, gestures or graffiti;
 Physical conduct including assault, unwanted touching or blocking normal
movement; and
 Retaliation for making harassment reports or threatening to report
harassment.
Complaint Procedures
Any employee who believes he or she has been subjected to harassment
prohibited by this policy should immediately:
(1) tell the harasser to stop his/her unwanted behavior if the employee feels
comfortable doing so; and (2) report that behavior, preferably in writing, to your
Supervisor, Human Resources Department or another appropriate member of
District management.
Duty to Report
If any employee becomes aware of harassing conduct engaged in or suffered by an
employee, regardless of whether such harassment directly affects that employee,
the employee must immediately report that information, preferably in writing,
according to the procedures outlined in the Complaint Procedures section above.
An employee’s duty to report such activity is essential to ensure a harassment-free
workplace for everyone, because while isolated incidents may not violate federal
law, a pattern of such incidents may be unlawful. Therefore, employees are
required to report any harassing conduct so that the District can stop harassment
before it becomes severe or pervasive.
70
Rev. Apr. 2015
Investigations and Confidentiality
Whenever the District is aware of a situation which may violate this policy, the
District will conduct a timely, thorough and objective investigation of any
harassment claims and take prompt steps to protect the individuals involved. The
District will also take steps to protect the confidentiality of any harassment
allegations to the extent possible while conducting its investigation. However, the
District cannot conduct an effective investigation without revealing certain
information to the alleged harasser and potential witnesses. Nevertheless,
employees may be assured that information and records relating to harassment
complaints will be shared on a “need to know” basis only.
A determination regarding the alleged harassment will be made and
communicated to the person claiming harassment as soon as practical under the
circumstances. If the District determines that prohibited harassment has
occurred, it will take appropriate disciplinary action, up to and including
termination, against the person found to have engaged in prohibited harassment,
and will provide appropriate remedies for any victims of harassment. The type of
discipline administered will depend upon the severity of the conduct, as well as any
other factors presented in the particular circumstances. Employees violating the
policy, however, are subject to disciplinary action, up to and including termination.
District has the right to put the employee on administrative leave, without pay.
While on administrative leave the District may limit the employee’s involvement
with any district staff or district activity.
Training
All employees, to include established and recently hired employees shall be
provided a copy of this policy and shall be requested to read it and sign a
statement acknowledging the policy. Additionally, training will be presented by the
Human Resources department to address this policy.
Principals/Supervisors who have attended a training seminar on sexual
harassment, as set forth below, shall meet with employees under their authority
once each year to advise them of Southwest Preparatory School’s commitment to
eliminate sexual harassment in the workplace, the penalties for engaging in sexual
harassment, and the procedures for reporting incidents of sexual harassment.
All supervisory employees shall annually participate in a training session on sexual
harassment and other forms of discrimination which includes information about
the types of conduct which will not be tolerated in the workplace. Each participant
shall be informed that he/she is responsible for knowing the contents of Southwest
Preparatory School’s sexual harassment policy and for giving similar presentation
to employees.
In certain circumstances, sexual harassment may constitute sexual abuse under
Texas law. In such situations Southwest Preparatory School will comply with Texas
law and file the appropriate reports.
71
Rev. Apr. 2015
The Director of Business Operations is the Title IX Compliance Coordinator. All
concerns about sexual discrimination in the workplace should be addressed to his
attention at 210-829- 8017, option 1, ext 1015 or any other member of
management the Employee feels comfortable with.
Policy on Copyrighted Material
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, Internet and
various 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.
District Communication
Throughout the school year, campus Principals or District office staff may publish
newsletters, brochures, fliers, calendars, news releases, and other communication
materials. These publications offer employees and the community information
pertaining to school activities and achievements. The Principal or District Office
may send electronic mail (email) communications on a regular basis.
Electronics Policy
It is the intent of the District to provide the communication systems necessary for
the conduct of its business. Employees are expected to adhere to proper use of all
communication systems. These include but are not limited to the Telephone,
Electronic Mail (E-Mail), Facsimile, Internet, Corporate Intranet, Voice Mail,
Computer Terminals, Modems and Systems Software (refer to the Telephone Policy
in this handbook for information regarding use of District telephones and
facsimile). Employees are permitted use of District property for business purposes
and any personal use is prohibited, unless authorized by your supervisor or other
member of management.
No personal files or software may be used or stored on District equipment. No
District files, data, or software may be used or stored on personal equipment. The
communication systems are owned and operated by the District and are to be used
for the business of the District. Employees should have no expectation of privacy
of any correspondence, messages or information stored on, sent from or received
onto District computer systems.
The District reserves the right to monitor, access, review and disclose all such
messages sent, received or stored on District equipment, for any business purpose,
including but not limited to, ensuring compliance with this and all District policies.
All such messages, regardless of content or the intent of the sender, are a form of
corporate correspondence, and are subject to the same internal and external
regulation, security and scrutiny as any other corporate correspondence. Business
72
Rev. Apr. 2015
e-mail communications must be written following customary business
communications practices as is used in District correspondence. E-mail
communications are official internal District communications, which may be
subject to summons in legal proceedings. Work-related messages should be
directed to the affected employee(s) rather than sending a global message to all
employees.
The District’s communication systems shall not be used as a forum to promote
religious or political causes, or an illegal activity. Harassing, discriminatory,
obscene, violent or threatening messages or opinions, images, cartoons, or other
such items, are also prohibited on the District’s communication systems.
Any violation of these guidelines may result in disciplinary action, up to and
including termination of employment.
Unauthorized Software Copying
Southwest Preparatory School does not condone the illegal duplication of
software. The copyright law is clear. The copyright holder is given certain
exclusive rights, including the right to make and distribute copies. Title 17 of
the U.S. Code states, “it is illegal to make or distribute copies of copyrighted
material without authorization” (Section 106). The only exception is the users’ right
to make a backup copy for archival purposes (Section 117).
The law protects the exclusive rights of the copyright holder and does not give
users the right to copy software unless a backup copy is not provided by the
manufacturer. Unauthorized duplication of software is a federal crime. Penalties
include fines up to and including $250,000, and jail terms of up to five (5) years.
Guidelines for the use of Computer Software
Southwest Preparatory School licenses the use of computer software from a
variety of outside companies. Southwest Preparatory School does not own this
software or its related documentation and, unless authorized by the software
manufacturer, does not have the right to reproduce it.
With regard to use on local area networks or on multiple machines, Southwest
Preparatory School employees shall use the software only in accordance with the
software publisher’s license agreement.
Southwest Preparatory School employees learning of any misuse of software or
related documentation within the District must notify their supervisor.
According to the U.S. Copyright Law, illegal reproduction of software can be subject
to civil damages and criminal penalties, including fines and imprisonment. Southwest
Preparatory School employees who make, acquire or use unauthorized copies of
computer software shall be disciplined as appropriate under the circumstances.
Such discipline may include termination.
73
Rev. Apr. 2015
Internet Code of Conduct
Access to the Internet has been provided to staff members for the benefit of the
organization and its clients. It allows employees to connect to information
resources around the world. Every staff member has a responsibility to maintain
and enhance the District’s public image, and to use the Internet in a productive
manner. To ensure that all employees are responsible, productive Internet users
the following guidelines have been established for using the Internet:












74
Employees using Internet access via District hardware and software are
representing the District. As such, their conduct should be ethical and lawful
at all times.
Internet Relay Chat Channels may be accessed for official District business
to gain technical or analytical information and to establish business contacts.
Internet access should not be used for personal gain or advancement of
personal views, for solicitation of non-District business, or result in the
disruption of District network operation or interfere with personal
productivity at work.
Employees are responsible for the content of all text, audio, or images they
place or send over the Internet, regardless of the source or origin.
Fraudulent, harassing, or obscene messages are prohibited. All messages on
the Internet should be identified with the employee’s name.
Abusive, profane, harassing, discriminatory, obscene, and threatening or
violence language transmitted through the District’s system is strictly
prohibited.
Employees may not download software without the express
acknowledgment and support of the Network Administrator to ensure that
proper licenses are obtained and viruses are not transmitted.
Employees may not send/upload District copyrighted material, trade secrets,
proprietary information, or similar materials to third parties.
All messages created, sent, or retrieved over the Internet are the property of
the District and should be considered public information.
The District reserves the right to access and monitor all messages and files
on the computer system at any time for any business purpose.
All communications can be disclosed to law enforcement officials or third
parties without prior consent of the sender or the receiver.
Harassment of any kind is strictly prohibited. Messages with derogatory or
inflammatory remarks regarding race, religion, national origin, sex,
pregnancy, age, physical or mental disability, genetic information, or other
protected attributes may not be transmitted.
Violations of the Internet Code of Conduct may result in disciplinary action,
up to and including termination, and illegal activities may result in
prosecution by legal authorities.
Rev. Apr. 2015
Social Media Policy
Southwest Preparatory School (the “District”) respects the legal rights of its
employees and understands that employees’ time outside of work is their own.
However, employees should be mindful that their social media activity, even if
done off premises and while off-duty, could affect the District’s legitimate business
interests. For example, the information posted could be the District’s confidential
business information. In addition, some readers may mistakenly view you as a
spokesperson for the District. Consequently, social media activity is a legitimate
and proper focus of District policy.
This Social Media Policy (the “Policy”) provides guidance on responsible social
media activity by employees. This Policy does not and cannot cover every possible
social media activity. If you are unsure how this Policy may apply to your social
media activity, your supervisor or Director of Business Operations is here to help
you. For purposes of this Policy, “social media activity” includes all types of posts
and other communications on the Internet, including but not limited to, posts on
social networking or affinity sites (such as Facebook, LinkedIn, and Tumblr); blogs
and other on-line journals and diaries; bulletin boards and chat rooms;
microblogging, such as Twitter; and posts of video or audio on media-sharing sites,
such as YouTube or Flickr. “Social media activity” also includes permitting, or
failing to remove, posts by others where the employee can control the content of
posts, such as on a personal page or blog.
Application: This Social Media Policy applies to all employees. This Policy applies
to social media activity that relates in any way to the District’s business,
employees, customers, vendors, or competitors or that identifies an employee’s
affiliation with the District (other than as an incidental mention of place of
employment in personal social media activity unrelated to the District).
Scope: This Policy applies to social media activity when on or off duty, while using
the District’s or personal electronic resources, and whether or not the employee
posts anonymously or using a pseudonym.
Employees who are expressly authorized to engage in social media activity on the
District’s behalf may be required to comply with separate guidelines.
Unless specifically authorized, employees are prohibited from using the District’s
electronic resources to engage in social media activity. Employees may use
personal devices, such as a non-District smart phone or tablet, during rest breaks
and meal periods to engage in social media activity as long as the employee’s
personal device is not connected to the District’s network.
Social Media Guidelines
 The District values its established brand reputation and good will
relationships. These are important corporate assets. When you engage
in social media activity that identifies you as a District employee, or in
any way relates to the District, you should bear that in mind and follow
the guidelines listed below:
75
Rev. Apr. 2015
 You may use the District’s electronic resources to engage in social
media activity for non-business purposes as long as that activity
involves only an incidental amount of your time, does not interfere with
your or your co-workers’ job responsibilities, and complies fully with all
District policies. You may not maintain an open connection to, or
stream, any social media site. Such non-business use is a privilege that
may be withdrawn if abused.
 Your social media activity is subject to all pertinent District’s policies,
including, but not limited to, the Expectations of Conduct, Code of
Conduct, Confidential Business Information, Anti-Retaliation, AntiHarassment & Anti-Discrimination Policy, Electronics Policy, Internet
Code of Conduct and other personal conduct policies.
 Unless you have received prior authorization from Superintendent or
Deputy Superintendent, you should not represent or suggest in any
social media content that you are authorized to speak on the District’s
behalf, or that the District has reviewed or approved your content. If
that will not be obvious to the reader, you should specifically state,
“The views expressed in this post are my own. They have not been
reviewed or approved by Southwest Preparatory School.”
 The Federal Trade Commission requires that endorsements be truthful
and not deceptive. If your social media activity endorses the District’s
products or services, i.e., expresses opinions, beliefs, findings or
experiences concerning the District’s products or services, you must
disclose your name and position with the District. Unless the District
has approved any such endorsement in writing and in advance, you
should specifically state, “The views expressed in this post are my own.
They have not been reviewed or approved by Southwest Preparatory
School.”
 You should consider using available privacy filters or settings to block
from supervisors, customers, vendors or competitors who may have
access to your social media activity any overly personal information
about you.
 You should not post content about the District, management, coworkers or customers that is vulgar, obscene, threatening, intimidating,
defamatory, harassing, or a violation of the District’s policies against
discrimination, harassment, or hostility on account of age, race,
religion, sex, ethnicity, nationality, disability, or other protected class,
status, or characteristic. You should not unlawfully disparage the
District’s products or services, or the products or services of its
customers, vendors or competitors.
76
Rev. Apr. 2015
 You should not use the District’s logo, trademark or proprietary
graphics (collectively, “IP”) for any commercial purpose, such as selling
or advertising any product or service, without the District’s prior
written consent. You should not use the District’s IP in any posting
unrelated to the terms or conditions of your employment that
disparages the District’s brand, products or services. You should not
use the District’s IP in a way which suggests that you are representing
the District or while engaging in conduct that violates District policy.
 You should not disclose, or post images or video of, any of the District’s
trade secrets or confidential business information or of any confidential
business processes. Trade secrets may include information regarding
the development of systems, processes, products, know-how and
technology. Confidential business information may include internal
reports, policies, procedures; business plans and product-launch dates;
health/financial information of students; the District’s attorney-client
communications or other internal business-related confidential
communications.
 You should not post images or video of the District’s employees,
customers, vendors or competitors without their prior permission.
 You should not mention employees, customers, vendors, or
competitors in your social media activity without the District’s prior
written approval.
 To ensure that the District communicates with the media in a
consistent, timely and professional manner about matters related to
the District, you should speak to the Superintendent or Deputy
Superintendent before responding to any inquiry from a journalist or
the news media about your social media activity related to the District.
 Anyone concerned about social media activity relating to the District
that may require a response may contact Superintendent or Deputy
Superintendent as a resource.
The following guidelines also apply to your social media activity:
 Managers should avoid situations that may compromise their ability to
lead, make objective management decisions or impact the culture
within the location(s); keep this in mind when making or responding to
friend requests. Any employee may reject a friend request from any
other employee without fear of retaliation.
 Employees may not use District-sponsored sites to solicit for or
promote personal businesses or any organization, including but not
limited to outside business ventures, charities, political campaigns,
religious groups, or other membership organizations.
77
Rev. Apr. 2015
 Employees may not use their District e-mail address to register for any
social media account or site, or as an identifier needed to participate in
any social media activity, except to engage in social media activity
authorized by the District and for the District’s business purposes.
Employees may reference the District as their employer and include
contact information on social and professional networking sites only,
such as LinkedIn and Facebook.
 Employees should use only approved social media channels — and not
personal social media sites or pages — to conduct District business.
Without prior District approval, social media should not be used to
arrange business meetings, communicate with customers about specific
transactions, or to search for information about current or prospective
employees.
 Employees may provide a reference or a recommendation through
social media only if they did not review the person making the request
as part of the District’s formal performance appraisal process.
 The District has the right to request, in its sole and absolute discretion,
that employees temporarily confine their social media activity to
matters unrelated to District if the District determines this is necessary
to ensure compliance with securities regulations or other laws.
Addressing Concerns
Experience demonstrates that you are more likely to resolve concerns about work
by speaking directly with your co-workers, supervisor or other management-level
personnel, or by contacting Human Resources, than by posting them on the
Internet. Nevertheless, if you decide to express concerns in social media, avoid
using any content that reasonably could be viewed as malicious, obscene,
threatening or intimidating; that disparages employees, customers, or vendors; or
that might constitute harassment or bullying.
Retaliation is Prohibited
Southwest Preparatory School prohibits taking adverse action against any
employee for reporting a possible violation of this Policy or for cooperating in an
investigation. Any employee who retaliates against another employee for
reporting a possible violation of this Policy or for cooperating in an investigation
will be subject to disciplinary action, up to and including termination of
employment.
Enforcement
If you need clarification of any aspect of this policy, contact the Director of
Business Operations.
78
Rev. Apr. 2015
The District will, in its discretion, review social media activity to the fullest extent
permitted by applicable law. If you engage in social media activity anonymously or
using a pseudonym, the District will, in appropriate circumstances, take steps to
determine your identity.
Employees are solely responsible for their social media activity and will be held
accountable for violating this Policy. Failure to comply with this Policy may lead to
discipline, up to and including termination of employment, and if appropriate, the
District will pursue all available legal remedies. The District also may report
suspected unlawful conduct to appropriate law enforcement authorities. The
District will not construe or apply this Policy in a manner that improperly interferes
with employees’ legally protected social media discussions regarding wages, hours,
or working conditions.
Solicitation and Distribution of Information
To maintain and promote efficient operations and security, the District has rules
governing solicitation and distribution of materials on the District’s premises, using
District communications, and in work areas. All employees are expected to comply
with these rules, which will be strictly enforced. Any employee who has questions
about whether the District’s rules apply should consult with his/her Supervisor or
contact Human Resources.
Employees may not solicit or promote support for any cause or organization during
working time, or during the working time of the employees at whom the activity is
directed. Employees may not distribute or circulate written materials in work
areas at any time, or during their own working time or the working time of other
employees to whom the distribution is directed.
“Working time” means the time an employee is on the clock and expected to be
performing his or her work duties. It does not include time for meal or rest breaks,
or time before the work day begins or after it ends.
“Work areas” means the District’s premises and areas where the District’s
employees are performing work. It does not include break rooms or other
designated non-work areas.
Bulletin boards are reserved for the exclusive use of the District for posting workrelated notices or notices that must be posted pursuant to local, state, and federal
law. From time to time, special notices and information for employees will be
posted by the District on the bulletin boards. Please check the boards regularly for
these notices. Employee postings are not permitted unless otherwise authorized by
work site management.
This policy is intended to comply with applicable federal and state laws, no other or
contrary interpretation is implied, and the policy at all times will not be interpreted
or applied in such a way as to interfere with any employee rights under the
National Labor Relations Act.
79
Rev. Apr. 2015
Property and Supplies
District supplies and postage should not be used for personal use. Purchase of
supplies for business use should be routed through your supervisor or District
management. You are expected to exercise due care in the use of District property
and to utilize such property only for authorized business purposes.
Negligence in the care and use of District property or the unauthorized removal of
District property from the work premises will be cause for disciplinary action, up to
and including termination of employment.
Employees are responsible for damages caused to District property by their
negligence or abuse. Any theft or disappearance of property should be reported
immediately to your supervisor so that appropriate law enforcement officials can
be notified.
Purchasing Policies and Procedures
Purchases are made in accordance with applicable legal requirements. Repeating
bills such as utilities do not require a purchase order.
Board approved policy and procedures will be posted online, available for review
by employees.
All requests for purchases must be submitted to the Accounting Department on an
official district purchase order (PO) form with the appropriate approval signatures.
No purchases, charges, or commitments to buy goods or services for the district
can be made without a PO number. The district will not reimburse employees or
assume responsibility for purchases made without authorization. Employees are
not permitted to purchase supplies or equipment for personal use through the
district’s business office. Contact the Accounting Department for additional
information on purchasing procedures and forms.
Fundraising
Southwest Preparatory School has guidelines that must be followed in order to
plan a fundraising event. Please see PDTools/District forms for those guidelines
and necessary forms.
Safety
The District will make every reasonable effort to ensure a safe working
environment and expects all employees to be safety-conscious.
Please use good judgment regarding matters of safety and observe at all times any
safety rules posted in various areas.
80
Rev. Apr. 2015
Employees should immediately report any unsafe or hazardous condition to their
immediate supervisor. Every effort will be made to remedy the problem as soon as
possible.
If you are injured on the job, or witness an accident that results in an injury to
another employee, you must immediately report the accident to your immediate
supervisor.
Safety protection must be worn in designated areas. Conduct such as running on
District property, shoving another employee, throwing items and horseplay is
strictly prohibited.
Aisles, exits, and areas surrounding fire extinguishers and control panels must be
kept clear at all times. Good housekeeping is the responsibility of everyone on the
job.
Blood Borne Pathogens
The purpose of this policy is to eliminate or minimize Employee exposure to
surfaces, equipment, and body fluids that potentially are contaminated with bloodborne pathogens.
Universal Precautions is an approach to infection control. According to the concept
of Universal Precautions, all human blood and certain human body fluids are
treated as if known to be infectious for HIV, HBV, and other blood borne pathogens.
Contaminated means the presence or the reasonably anticipated presence of
blood or other potentially infectious material. Universal precautions will be utilized
when any bodily fluid or substance that may be contaminated as noted above is
encountered. Rubber gloves, face masks and bleach will be available in all District
locations. Staff will be trained annually on Universal Precautions procedures.
Hazardous Communications Standards (HAZCOM)
The Hazardous Communications Standards established by the Occupational Safety
and Health Administration (OSHA), requires that the hazards of all chemicals,
produced or imported be evaluated, and information concerning their hazards, if,
any be transmitted to employees who may be exposed to those chemicals under
normal operating conditions or in emergencies.
Responsibility
The Hazardous Communications Coordinator will be responsible for the coordination
and implementation of the Hazardous Communications Program. The
coordinator shall maintain a list of all hazardous chemicals known to be present in
the workplace. This list will be maintained in the District office and contain
the names of the chemical, the required protective equipment and the area
81
Rev. Apr. 2015
where the chemical is used. The coordinator will be responsible for updating
the Materials Inventory Reference list and sharing with employees.
Material Safety Data Sheets (MSDS)
The HAZCOM Coordinator will maintain Material Safety Data Sheets for each
product containing hazardous materials in the workplace. The MSDS’s can be
obtained from the vendor or the internet. MSDS’s must contain the name, address,
and telephone number of the manufacturer, the hazardous ingredients and
identity of the chemical, physical and chemical characteristics, fire and explosion
hazard, reactivity data, health hazard data, precautions for safe use and handling
and control measures. The MSDS’s will be maintained in all janitorial closets and
science/chemistry labs. Principals will ensure the location of the MSDS’s are known
to all employees and are readily accessible.
Science/Chemistry Labs
All Southwest Preparatory School science/chemistry labs will maintain a current
inventory of all chemicals stored in the lab. A copy of the list will remain in the lab
in a marked binder next to the MSDS book. A copy is to be forwarded to the
Principal and the HAZCOM Coordinator. At the end of the school year all chemicals
stored within each lab will inventoried and a copy given to the principal and the
HAZCOM Coordinator.
Old/Outdated Chemicals
At any time a chemical is found to be out of date or in such condition that
warrants disposal the chemicals name will be submitted to the HAZCOM Coordinator
for instructions on disposal.
Labels and Warnings
No Employee shall remove or deface existing labels or other warnings on containers.
If a chemical is moved from its original container to another container, except for
immediate use as in spraying etc., the new container must be labeled.
Training
All staff determined to have access to the chemicals will be trained on the
importance of correct handling of a chemical in the work place. The training will
cover MSDS’s, handling of chemicals and protective equipment, storage and
mixing, cleanup of spills and disposal, exposure and first aid, and fire and explosion
danger. Training records will be kept by the HAZCOM Coordinator. This will be done
annually.
82
Rev. Apr. 2015
Security
It is extremely important for everyone to be security-conscious, especially
regarding equipment, tools and Confidential Business Information.
We expect you to exercise good judgment in protecting these items and treat them
as you would your own equipment.
Telecommuting
Southwest Preparatory School has implemented a telecommunications policy to
increase overall effectiveness in accordance with our mission statement. All
requests for telecommuting will be reviewed for feasibility, the minimal disruption
of other employees work, benefit to students/employees and to Southwest
Preparatory School overall mission. Decisions will be given in writing to the
requesting Employee within 30 working days of the request. Individuals wanting to
telecommute must make a request in writing to their Principal or Supervisor
with a telecommuting work plan to include work to be performed, hours to
be worked and how work will be assigned or obtained. The Principal or Supervisor
will then coordinate with the Superintendent to determine feasibility and
eligibility under the following considerations:
 Employees must have been employed a minimum of 12 months by
Southwest Preparatory School and have a satisfactory rating on their
most recent Employee evaluation.
 The employee’s position must not be one that requires their presence
in the classroom or in any other capacity requiring interaction with the
public and/or students on a regular or daily basis.
 The Employee must not require close supervision.
 The employees work must be portable, i.e., it must be work that the
Employee can reasonably complete at an alternate workstation.
 The Employee must not require frequent input from others in order
to perform tasks at the alternate work station
 The Employee will not engage in any Non- Southwest Preparatory
School activities while in official duty status. This includes such
pursuits as child care, elder care or the conduct of personal business.
 The Employee must be available upon notice to come to their official
duty station whenever the need arises for training, meetings, etc.
Non-Regular or Episodic Telecommuting
Southwest Preparatory School may assign individual employees, based on the needs
of Southwest Preparatory School, to a periodic or non-episodic telecommuting
83
Rev. Apr. 2015
work schedule. Some examples may be special projects, renovation of work place
etc.
Limitation of Risk
Southwest Preparatory School does not retain any responsibility for loss, damage,
destruction or personal injuries to others at the telecommuter’s residence that arises
out of the telecommuter’s workspace or work hours. Southwest Preparatory
School is not responsible for any property or structures at the telecommuter’s
residence. The telecommuter should still maintain their personnel insurance.
Termination of Telecommuting
Southwest Preparatory School will determine the duration of the telecommuting
arrangement and may at its sole discretion terminate earlier than agreed upon
based on needs of Southwest Preparatory School.
Security
Security is of great importance and the telecommuting Employee will ensure all
sensitive data is safeguarded.
Telephone Policy
Telephones and faxes are a vital part of the District’s business. Personal calls to
employees will be taken as messages unless it is an emergency call.
Personal telephone calls may be made during breaks or lunchtime, or at other
times if permitted by the supervisor. Personal long distance calls on District
telephones are prohibited. Excessive usage of the District telephone for personal
use will be grounds for disciplinary action up to and including termination.
Travel Expense Reimbursements
1. Employees may be reimbursed at the rate of $0.53 per mile for pre-approved
travel. The Principal/Supervisor for each campus/office must approve this
travel before the travel expense is incurred. A current auto insurance
certificate must be in the employee’s personnel file to be eligible for
reimbursement.
When an Employee has been authorized to utilize their privately owned
vehicle the mileage claimed should not exceed map mileage. Attach a copy
of MapQuest, or Yahoo, or other acceptable mapping aid that indicates miles
traveled to and from the approved destination when requesting reimbursement.
Failure to attach verification will delay payment.
Vicinity travel claimed on official business is based on actual odometer readings.
84
Rev. Apr. 2015
Any non-business mileage is deducted prior to reimbursement. This includes, but is
not limited to, mileage to obtain meals or to do personal shopping.
An Employee on official business by a privately owned vehicle is reimbursed on
the basis of the actual number of miles traveled from their primary duty location
to the first official call, subsequent official calls, and return to the primary duty
location from the last official call.
2. District staff will be reimbursed for in-town and out-of-town travel but will
not be reimbursed for travel within the Southwest Preparatory School District.
Travel to designated work-shops and meetings outside the District will be
reimbursed at the rate of $0.53 per mile. Employees who travel overnight
within the State of Texas will be reimbursed for actual cost of lodging not to
exceed $85.00 per day excluding tax; actual cost of meals not to exceed $46 per
day including tax; and mileage at $0.53 per mile. All receipts must be submitted.
Tips are not an allowable expense for reimbursement.
Employees attending out-of-town conferences and returning the same day will
be eligible for reimbursement of the lunch meal up to $12.00. Itemized receipts
must accompany all reimbursement requests.
Reimbursement for out-of-state travel of expenses will be made in accordance
of Texas Government Code 660.021 Travel Regulations Act.
If lodging is unattainable within the defined state rates, please submit the rate
closest to the approved state rate, for approval.
3. When employees are directed by Southwest Preparatory School to attend
conferences and/or trainings, employees will be eligible for reimbursement
either by daily stipend or employee’s daily rate.
Employees who are directed to attend conferences and/or trainings may be eligible
and authorized for travel and reimbursement for daily per diem.
When an Employee attends conferences, workshops, and/or trainings not directed
by Southwest Preparatory School or voluntarily attends conferences, workshops,
and/or trainings the Employee is ineligible to receive a stipend, daily rate or any
other type or reimbursement.
4. All requests for reimbursement submitted to the District Office are due on the
3rd of the month and will be paid on the 10th working day of the month.
Smoking/Tobacco Use
Texas law prohibits smoking or using tobacco products on all District-owned
property. This includes all buildings, playground areas, parking facilities, and facilities
used for athletics and other activities. Drivers of District owned vehicles are
85
Rev. Apr. 2015
prohibited from smoking while inside the vehicle. A notice stating that smoking is
prohibited by law and punishable by a fine are displayed in prominent places in all
school buildings.
Child Abuse Reporting Policy
All employees are required by state law to immediately report any suspected
child abuse or neglect to Child Protective Services. Teachers and other
professional staff are required to file a report within 48 hours of the event that led
to the suspicion. 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.
Employees who suspect that a student has been or may be abused or neglected
should report their concerns to the campus principal. Reporting to the Principal
does not relinquish the employee’s duty to report abuse and/or neglect to Child
Protective Service.
In accordance with Texas Education Code, (TEC) 38.0041, districts and charter
schools are required to provide, to all district and charter school employees,
training concerning prevention techniques for and recognition of sexual abuse and
all other maltreatment of children.
Violence in the Workplace Policy
The District provides a safe workplace for all employees. To ensure a safe
workplace and to reduce the risk of violence, all employees should review and
understand all provision of this Violence in the Workplace Policy.
Prohibited Conduct
The District does not tolerate any type of workplace violence committed by or
against employees. Employees are prohibited from making threats or engaging in
violent activities.
This list of behaviors, while not exhaustive, provides examples of prohibited
conduct:





86
Causing physical injury to another person;
Making threatening remarks;
Aggressive or hostile behavior that creates a reasonable fear of injury to
another person or subjects another individual to emotional distress;
Intentionally damaging employer property or property of another employee;
Unlawful possession of a weapon while on District premises or while on
District business; and/or
Rev. Apr. 2015

Committing acts motivated by, or related to, sexual harassment or domestic
violence.
Reporting Procedure
Any potentially dangerous situations must be reported immediately to a supervisor
or to the SWPS Human Resources Department. Reports can be made
anonymously.
All reported incidents will be investigated. Reports or incidents warranting
confidentiality will be handled appropriately and information will be disclosed to
others only on a need-to-know basis. All parties involved in a situation will be
counseled and the results of the investigation will be discussed with them. The
District will actively intervene at any indication of a possible hostile or violent
situation.
While we do not expect employees to be skilled in identifying potentially
dangerous persons, employees are expected to exercise good judgment and to
inform management if any employee exhibits behavior which could be a sign of
potentially dangerous situations.
Such behaviors include but are not limited to:





Discussing weapons and bringing them to the workplace;
Displaying overt signs of extreme stress, resentment, hostility, or anger;
Making threatening remarks;
Sudden or significant deterioration of performance; and/or
Displaying irrational or inappropriate behavior.
Employees who confront or encounter an armed or dangerous person should not
attempt to challenge or disarm the individual.
If a supervisor can be safely notified of the need for assistance without
endangering the safety of the employee or others, such notice should be given.
Enforcement
Threats, threatening conduct, or any other acts of aggression or violence in the
workplace will not be tolerated. Any employee determined to have committed
such acts will be subject to disciplinary action, up to and including termination.
Non-employees engaged in violent acts on the District’s premises will be reported
to the proper authorities and will be prosecuted.
87
Rev. Apr. 2015
Severe Weather Emergency Conditions
In the event of severe weather conditions or other emergencies, the Principal or
Superintendent may decide to close Southwest Preparatory School for the day or
the remainder of the day. As such, the supervisor will notify employees as soon as
possible. No loss of pay will occur as a result of early dismissal for this reason.
Likewise, if you report to work and find that Southwest Preparatory School is
unexpectedly closed due to an emergency, no loss of pay will occur while an
Employee is under contract. For weather conditions or other emergencies that
occur prior to the beginning of the workday, watch the local news TV stations for
our school’s status. Days missed due to inclement weather will be made up in
accordance with the school calendar.
Any Employee who was on a previously approved leave day during a declared
emergency shall not be charged personal leave for the emergency period.
Use of Public Property
Allowable Use
The Deputy Superintendent shall ensure that public property shall only be used for
a purpose for which a school District may use school District property and only to
implement a program that is described in the open-enrollment charter and is
consistent with the Texas Education Code §12.102. The Deputy Superintendent
also shall ensure that Southwest Preparatory School employees, agents,
contractors, and management companies do not use or apply public property for
any purpose but a program described in Southwest Preparatory School’s Charter.
Exception to Allowable Use
Employees of Southwest Preparatory School may use school owned local
telephone service, cellular phones, electronic mail, and Internet connections for
incidental personal use, subject to Southwest Preparatory School’s separate
Acceptable Use Policy and under the following conditions:
 Such incidental personal use must not result in any direct cost paid with
state funds.
 For school owned cell phones provided to certain employees, this
means that the employee’s personal use does not cause or substantially
contribute to an overage in allotted minutes or additional fees resulting
from non-plan data or texting services. If direct cost results from any
incidental personal use, the Employee causing the direct cost to be
incurred by Southwest Preparatory School shall reimburse Southwest
Preparatory School directly or in accordance with the employee’s Wage
Deduction Authorization Agreement;
 Such incidental personal use shall not impede the functions
of Southwest Preparatory School;
88
Rev. Apr. 2015
 The use of public property for private commercial purposes is strictly
prohibited;
 Only incidental amounts of an employee’s time for personal
matters, comparable to reasonable coffee breaks during the day,
are authorized under this section.
89
Rev. Apr. 2015
Appendix A
WHD Publication 1420
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor Wage and Hour Division
WHD Publication 1420 · Revised February 2013
EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons:
for incapacity due to pregnancy, prenatal medical care or child birth;
to care for the employee’s child after birth, or placement for adoption or foster
care;
to care for the employee’s spouse, son, daughter or parent, who has a serious
health condition; or
for a serious health condition that makes the employee unable to perform the
employee’s job.
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active
duty or call to covered active duty status may use their 12-week leave entitlement
to address certain qualifying exigencies. Qualifying exigencies may include
attending certain military events, arranging for alternative childcare, addressing
certain financial and legal arrangements, attending certain counseling sessions, and
attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to
take up to 26 weeks of leave to care for a covered service member during a single
12-month period. A covered service member is: (1) a current member of the Armed
Forces, including a member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness*; or
(2) a veteran who was discharged or released under conditions other
than dishonorable at any time during the five-year period prior to the first date the
eligible employee takes FMLA leave to care for the covered veteran, and who is
undergoing medical treatment, recuperation, or therapy for a serious injury or
illness.*
*The FMLA definitions of “serious injury or illness” for current service members
and veterans are distinct from the FMLA definition of “serious health condition”.
Benefits and Protections
90
Rev. Apr. 2015
During FMLA leave, the employer must maintain the employee’s health coverage
under any “group health plan” on the same terms as if the employee had
continued to work. Upon return from FMLA leave, most employees must be
restored to their original or equivalent positions with equivalent pay, benefits, and
other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that
accrued prior to the start of an employee’s leave.
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least 12
months, have 1,250 hours of service in the previous 12 months*, and if at least 50
employees are employed by the employer within 75 miles.
*Special hours of service eligibility requirements apply to airline flight crew
employees.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or
continuing treatment by a health care provider for a condition that either prevents
the employee from performing the functions of the employee’s job, or prevents
the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met
by a period of incapacity of more than 3 consecutive calendar days combined with
at least two visits to a health care provider or one visit and a regimen of continuing
treatment, or incapacity due to pregnancy, or incapacity due to a chronic
condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can
be taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer’s operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while
taking FMLA leave. In order to use paid leave for FMLA leave, employees must
comply with the employer’s normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave
when the need is foreseeable. When 30 days’ notice is not possible, the employee
must provide notice as soon as practicable and generally must comply with an
employer’s normal call-in procedures.
91
Rev. Apr. 2015
Employees must provide sufficient information for the employer to determine if
the leave may qualify for FMLA protection and the anticipated timing and duration
of the leave. Sufficient information may include that the employee is unable to
perform job functions, the family member is unable to perform daily activities, the
need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must
inform the employer if the requested leave is for a reason for which FMLA leave
was previously taken or certified. Employees also may be required to provide a
certification and periodic recertification supporting the need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are
eligible under FMLA. If they are, the notice must specify any additional information
required as well as the employees’ rights and responsibilities. If they are not
eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLAprotected and the amount of leave counted against the employee’s leave
entitlement. If the employer determines that the leave is s not FMLA-protected,
the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
interfere with, restrain, or deny the exercise of any right provided under FMLA; and
discharge or discriminate against any person for opposing any practice made
unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring
a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or
supersede any State or local law or collective bargaining agreement which provides
greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the
text of this notice. Regulation 29 C.F.R. § 825.300(a) may require additional
disclosures.
92
Rev. Apr. 2015
Safety Guide
Safety Introduction
The District is committed to supporting Southwest Preparatory School in its efforts
to provide a safe and healthy working environment for all employees to ensure
that every employee returns home safely.
In its effort to support Southwest Preparatory School in providing a safe place for
you to work, this Safety Guide has been developed to help you understand your
role and responsibilities in ensuring a safe working environment for yourself and
your fellow co-workers. Following this Safety Guide will help you identify
workplace hazards and avoid accidents. It is recommended that you keep it with
you on the job as a handy reference.
Following your role and responsibilities set forth in this Safety Guide is a
requirement of your employment. Your failure to follow these rules could result in
disciplinary action up to and including termination of employment. If you don't
understand something in this Safety Guide, it is your responsibility to ask your
supervisor for clarification.
Only You Can Prevent Workplace Accidents
Each year, more than 6,000 Americans are killed on the job and about 3.6 million
receive disabling injuries. Many more suffer unnecessary pain and discomfort from
work-related injuries and illnesses.
A Safe Work Environment Takes Teamwork
To keep your workplace safe, the Federal Occupational Safety and Health
Administration (OSHA) sets workplace safety and health standards.
Southwest Preparatory School follows OSHA rules and DOT (if applicable)
regulations, and provides you with information, equipment, training, and
procedures to avoid job-related injuries and illnesses.
It is your responsibility to do your part in preventing accidents by following the
rules set by Southwest Preparatory School and the guidelines in this Safety Guide.
Policy Statement
Southwest Preparatory School believes it is the responsibility of each employee to
comply with safety rules and work in such a manner as to prevent injuries to
themselves and others. It is the policy of Southwest Preparatory School that no
employee shall perform any job or task in which they have not been properly
trained or are unqualified to perform. Only employees know whether they are
capable or qualified to perform a particular task. Employees who feel they need
93
Rev. Apr. 2015
additional training before performing a specific task should advise their immediate
supervisor.
Southwest Preparatory School has the day-to-day control of the job site and work
performed and is responsible for providing training, standards, equipment and a
work area that allows the employees to work in the safest possible manner.
Southwest Preparatory School is responsible for the development of rules,
procedures and safe work practices to protect the safety and health of the
employees. It is their responsibility to develop a safety program specific to their
industry, train employees in their assigned task, provide tools and equipment that
meet OSHA and industry standards and provide a place of employment free from
known and recognizable hazards that could cause injury or personal harm.
Management/Employee Participation
A successful safety program is dependent on the individual employee and
Southwest Preparatory School’s understanding and acceptance of assigned safety
responsibilities.
The following is an outline of the responsibilities of employees and Southwest
Preparatory School.
Employee’s Safety Responsibilities
Safety is primarily the employee’s responsibility. Employees’ responsibility for
safety extends not only to themselves, but to their family, fellow workers,
community and Southwest Preparatory School. Following these rules is not an
option, but a requirement of employment.
All employees are expected to:
 Observe safety rules, regulations and safe work practices.
 Be familiar with Southwest Preparatory School’s safety policies and
procedures.
 Actively participate in safety and follow the rules and regulations contained
in Southwest Preparatory School’s safety program.
 Assist in the development and review of rules and procedures.
 Attend, participate and periodically lead scheduled safety meetings.
 Maintain good housekeeping in their area.
 Participate in safety inspections and audits.
 Assist and participate in required safety training activities.
 Stop, correct and immediately report unsafe conditions to their supervisors.
 Identify safety problems and offer ideas for corrective action.
94
Rev. Apr. 2015

Report all accidents, injuries and near-miss incidents to their supervisors
immediately. Know how to recognize a near-miss incident and participate in
incident investigations.
 Properly use and maintain the required personal protective equipment.
 Observe and correct unsafe acts of visitors, contractors, vendors and fellow
employees. Take responsibility for safety on the job!
If you don’t take responsibility for safety…who will?
Southwest Preparatory School’s Safety Responsibilities
The owner(s) and management of Southwest Preparatory School must take an
active role in ensuring the safety of their employees.
Owner(s) and Management of Southwest Preparatory School are expected to:






Reinforce the role employees play in safety.
Ensure all employees are provided proper training in the safe work practices
of their assigned duties prior to placing the employee in the assignment.
Assist in the development and enforcement of a comprehensive safety
program.
Consistently enforce rules and regulation of the safety program with
employees, visitors, vendors and contractors.
Solicit employee input with regard to all Accident Prevention Plan activities.
Ensure all employees are trained on what to do in the event of an accident
and to report all accidents, injuries and near-miss incidents to SWPS
immediately.
Education and Training
It is the responsibility of each employee to inform his or her supervisor of any skill,
ability or knowledge deficiency that might affect the safe performance of any task
or job. The success of the safety program depends on how well the employee’s
knowledge level is communicated and identified to management. Southwest
Preparatory School expects no employee to engage in any work which they are not
qualified to perform. In most cases, work experience and/or formal training and
testing will determine an employee’s qualifications. Only the employee knows
what jobs or tasks he or she is qualified to perform.
In addition to job training, Southwest Preparatory School should instruct
employees in the standards and industry regulations applicable to their industry.
95
Rev. Apr. 2015
New Employee Orientation
It is important to note that 60% of all workplace injuries involve employees
employed for fewer than six months. This is largely due to inexperience and a lack
of appropriate training programs. It is imperative that all new employees be
encouraged to ask questions and openly discuss knowledge deficiencies.
Employee Responsibilities:
It is the employee’s responsibility to be honest with Southwest Preparatory School
about the skills they possess or lack. The employee must also follow the rules,
procedures and safe work practices adopted by Southwest Preparatory School.
Southwest Preparatory School Responsibilities:
It is the responsibility of Southwest Preparatory School to develop and train new
employees in the general safety hazards and requirements applicable to their
industry. It is recommended that new employees be tested to verify their
knowledge and understanding of their specific job tasks. A reassessment of all new
employees’ skill level is recommended on a regular basis.
Safety Meetings
The purpose of safety meetings is to promote safety consciousness, hazard
awareness and to provide a forum for required training. Safety meetings provide
an opportunity to discuss identified problems, and as a group, and develop
corrective actions to avoid accidents.
Employee Responsibilities:
Employees are required to attend and actively participate in all safety meetings.
Employees should ask questions when unclear about information covered during
the safety meeting to ensure they understand what is being taught.
Southwest Preparatory School Responsibilities:
It is recommended that Southwest Preparatory School conduct a minimum of one
safety meeting each month for all employees. The client should conduct safety
meetings on a regularly scheduled basis and adequately advise employees of the
meeting times. For employees not able to attend a particular safety meeting, the
client should find a way to provide the covered information to the absent
employees. All safety meetings should be properly documented, including
maintaining a sign-in sheet listing all employees in attendance at each safety
meeting.
Inspections & Audits
An inspection or audit program should be established by Southwest Preparatory
School to assist the employee in identifying common hazards in the workplace.
96
Rev. Apr. 2015
This inspection program should include reporting requirements and follow up for
timely corrective action.
Employee Responsibilities:
It is the responsibility of the employee to inspect equipment; tools and the work
area before using or performing any job or task to ensure all equipment is in good
working order and that all identified safety hazards are corrected prior to the
commencement of work.
Southwest Preparatory School Responsibilities:
It is the responsibility of the Southwest Preparatory School to develop and
implement, with input from employees, a formal inspection program. Southwest
Preparatory School should audit the inspection process to see that identified
deficiencies are being corrected in a timely manner.
Accident Reporting, Analysis & Investigation
Since 85% of all injuries are preceded by one or more near-miss incidents, most
incidents causing personal injury or loss are avoidable with proper reporting and
feedback from employees. If employees report near-miss incidents and unsafe
situations as they occur, there is a good chance that the unsafe incident and/or
condition can be corrected before a serious injury occurs.
Southwest Preparatory School requires all employees to report all injuries, no
matter how minor, to the on-site supervisor or the most immediately available
supervisor as soon as possible.
Prompt reporting and treatment can help minimize or prevent more serious
complications. Untreated, minor injuries often become major infections or serious
problems.
Employee Responsibilities:
All injuries should be reported immediately, no matter how minor they may seem.
Employees should be aware of and understand Southwest Preparatory School’s
accident reporting procedures and ensure they seek treatment from qualified
and/or approved medical facilities, unless it is an emergency. Employees who are
unclear of any accident/injury reporting procedure should ask the on-site
supervisor or call Debbie Barrera at 210-829-8017, option 1, ext 1015.
Employees must also cooperate in the analysis and investigation of all accidents.
Southwest Preparatory School Responsibilities:
Southwest Preparatory School is responsible for ensuring all employees are
properly trained in accident reporting processes and what to do in the event of an
on-the-job accident. Southwest Preparatory School should also develop and
implement a system for reporting, analyzing and investigating all accidents.
97
Rev. Apr. 2015
General Safety Guidelines
Following these general safety guidelines is a requirement of your employment. If
you have any questions or do not understand any of the information contained in
this section, contact your supervisor for further explanation.
You Have a Right to Know About Chemical Hazards
Chemicals are safe if they are handled properly. OSHA developed the Hazard
Communication Standard (HazCom) to inform you of chemical hazards in your
workplace and how to protect yourself from these hazards. If you use chemicals in
your job this information can be found in your employer’s written HazCom
program.
Your employer is required to provide HazCom training to inform you of the
chemical hazards that exist in your workplace and the proper procedures to handle
those chemicals safely. HazCom training teaches you to use two sources of
chemical safety information: Container Labels and Material Safety Data Sheets
(MSDSs).
Container Labels identify the chemical and its health and physical hazards – toxic,
corrosive, flammable, etc. – with words, colors, numbers or symbols. All chemical
containers should be properly labeled. If you are using a container that is missing
its label, notify your supervisor immediately.
Material Safety Data Sheets (MSDSs) detail the chemicals’:






Hazardous ingredients;
Physical and chemical properties;
Stability and reactivity data;
Personal protective clothing and equipment (PPE) and procedures to use to
avoid hazardous exposure;
Safe handling and storage instructions; and
Emergency procedures – first aid, firefighting, and spill control, etc.
Before starting any job involving the use of chemicals, read the label and MSDSs.
Your employer is required to maintain MSDSs for all chemicals used while
performing your job. You have a right and responsibility to review that information
before using the chemicals.
Personal Protective Equipment (PPE) Protects You Against Hazards
OSHA requires employers to identify workplace hazards, ensure proper PPE is used
to protect against these hazards and train you to use PPE correctly.
98
Rev. Apr. 2015
99

Gloves protect hands from burns, cuts, chemicals, abrasions, and electrical
shock. An employee’s hands and fingers are exposed to a greater variety of
hazards for a longer period of time that any other part of the body. Make
certain you are using the appropriate type of hand protection for the task
you are assigned.

Hard Hats protect your head from bumps, falling objects and electrical
hazards. Always wear hard hats when fall hazards exist. Hard hats should
meet OSHA or industry specification and must always be worn in the forward
position unless they are specially equipped to be worn in reserve.

Safety Glasses, Goggles and Face Shields protect your eyes and face from
flying objects, chemical splashes, sparks, and ultraviolet radiation.
Employees are required to wear appropriate OSHA approved eye protection
anytime potential hazards to the eye or face exist. Basic protection should
consist of approved safety glasses with side shields and eyewash stations(s),
or some other suitable means of flushing the eyes.

Protective Clothing protects you from chemical and corrosive splashes, heat,
and sparks. Loose clothing should never be worn in the vicinity of moving
machinery parts.

Safety Shoes and Boots protect against foot injuries from falling objects,
punctures, slippery surfaces and electrical shock. Protective footwear should
be sturdy, with nonskid soles to prevent slips and falls.

Hearing Protection – earplugs, earmuffs and canal caps – protect against
hearing damage when you are exposed to high noise levels. Southwest
Preparatory School should develop a hearing conservation program where
required. This program should include periodic employee testing in high
exposure areas as well as noise monitoring of the work area. It is the
responsibility of each employee to request, wear and adhere to hearing
protection requirements.

Fall Protection protects you from falling when working at heights at or above
six (6) feet. Fall protection systems include guardrails, safety nets and/or
personal fall arrest systems, including harnesses. It is the responsibility of
each employee to use fall protection devices when required. It is also the
responsibility of the employee to inspect fall protection equipment prior to
each use.

Respirators protect you from inhaling harmful dusts, gases and vapors.
Employees are required to wear respiratory protective equipment anytime
it is required. Employees should also be trained in the proper use of
respiratory equipment.
Rev. Apr. 2015
Always inspect your PPE for damage before use. Damaged PPE should be repaired
or replaced immediately.
It is your responsibility to know your employer’s requirements for PPE use and
always wear PPE where required.
Lockout/Tagout Prevents Machine Injuries and Electrical Shocks
Moving machinery parts can crush, cut, or amputate a hand or other body part.
Employees can also suffer severe shocks or electrocution when a machine is not
properly de-energized.
OHSA requires lockout/tagout to prevent these types of injuries. During service or
repair of equipment, power must be locked or tagged out so it won’t start up
accidentally or be turned on by another employee who does not know you are
servicing that piece of equipment.
All employees need lockout/tagout training. Only authorized employees may
perform the specific lockout/tagout steps. Only they may disconnect and turn off
the equipment and energy sources, secure energy controls in the “off” position
with a lock or tag, test to verify the equipment is de-energized and remove the lock
or tag and restart equipment after repair or servicing.
Avoid Slips, Trips, and Falls
More than 12,000 people die each year as a result of falls. Here’s what you can do
to prevent slips, trips and falls:










100
Wear shoes with non-skid soles.
Walk, don’t run.
Keep aisles, walkways and stairs clear of tools, material, cords, hoses and
trash.
Place all trash in proper containers.
Clean up spills quickly and correctly – or report them to the proper person.
Make sure you can see over materials you are carrying.
Use hand rails on stairs.
Stay away from platform or roof edges.
Report loose or damaged flooring immediately.
Ensure all holes are properly covered or report uncovered holes immediately
even if the hole is not associated with your specific work on the project.
Rev. Apr. 2015
Prevent Electrical Shock
Do Not:
 Use electrical cords that are damaged. This includes electrical cords with
damaged or missing prongs, exposed insulation or wires, and damaged ends.
 Use metal tools, ladders or other conductive items around exposed energy
parts.
 Reach blindly into areas that could contain energized parts.
 Perform electrical jobs unless you are trained and authorized to do so.
Good Housekeeping Helps to Prevent Fires and Other Safety Hazards
Good housekeeping is an essential part of a safety program. Maintaining a clean
work environment helps to eliminate accident and fire hazards and maintains a
safe and healthy work environment.
To prevent fires always:








Keep dust and grease off machines. They're not only fire hazards, but are
also bad for the equipment.
Keep flammable liquid containers closed when not in use.
Use proper containers for flammable liquids and store away from sources of
combustion.
Know where to locate and use fire extinguishers.
Ensure fire extinguishers are readily available when required.
Store oxygen cylinders away from combustible sources.
Do not block fire exits, passageways or sprinklers.
Do not smoke around flammable materials – or outside of designated
smoking areas.
To prevent other hazards:






101
Keep aisles, path ways, stairwells and emergency exits clear and free of
debris.
Clean up spills immediately and properly or call someone who can.
Avoid keeping food & beverages in the work area.
Sweep and/or clean up debris regularly.
Put away air hoses and electrical cords so they do not create a tripping
hazard.
Good housekeeping not only helps prevent accidents but also improves
productivity and quality, boosts morale and reflects a well-run organization.
Rev. Apr. 2015
Protect Your Back
When performing material handling, follow these safe lifting principles:
















Test the weight of the load before lifting.
Warm up by stretching your muscles before lifting.
Plan the most direct route and remove anything that could get in your way.
Don’t try to lift large, heavy, or awkward loads by yourself.
Use lifting equipment when it is available.
Don’t overdo it; lift only what you can comfortably handle and take your
time.
Learn the right way to lift. When you lift, let your leg muscles do the work –
not your back. To lift safety:
Position yourself close to the load with feet at shoulder width.
Squat down next to the load; maintain your back’s natural curves and keep
your knees bent.
Tighten your stomach muscles.
Get a good grip.
Bring the load close to your body.
Lift slowly, without jerking the load.
Walk with small steps, holding the load waist high and close to your body.
Move your whole body to change direction; never twist.
To lower the load, just reverse the process.
Do Not Operate Machinery or Mechanical Equipment Unless You Have
Received Proper Training

It is your employer’s responsibility to provide you the necessary training to
operate forklifts and other mechanical equipment.
 Only trained and/or authorized employees may operate machinery or
mechanical equipment.
 All equipment should be inspected before each use and a documented
inspection program should be in place.
Help Keep Your Workplace Safe
It is your employer’s responsibility to provide you with the necessary training,
equipment, and procedures to stay safe on the job. It’s up to you to:
102
Rev. Apr. 2015





Stay alert of hazards. Look for what could go wrong and prevent or report
the hazard.
Use what you learn in safety training and follow safety rules.
Avoid complacency. No matter how often you’ve done a job, take the time
to do it safely.
Take responsibility for safety – your own and that of your co-workers.
Ask your supervisor about any procedure or precaution you don’t
understand or have not been trained to perform.
If you have any questions concerning any area of safety discussed in this Safety
Guide please contact your supervisor for clarification.
103
Rev. Apr. 2015
Employee Handbook Acknowledgment
I hereby acknowledge that I have received a copy by the Intranet of the Employee
Handbook and Safety Guide of Southwest Preparatory School. I further
acknowledge that it is my responsibility to read the Handbook and familiarize
myself with the information the Handbook contains regarding general personnel
policies and my privileges and obligations as an employee.
I understand and agree that the Handbook is intended to provide me with a
general overview about the District’s policies and procedures, but that it is not a
contract for continued employment.
I further understand that, with the exception of the at-will policy, all of the policies
and information contained in this Handbook are subject to change by the District
without notice, and that management retains the right to apply provisions of the
Handbook with flexibility as it alone deems appropriate.
I understand and agree that my employment is “at-will” and either the District or I
can terminate the relationship at any time, for any reason, with or without cause
or notice, and that nothing in this Handbook changes the at-will nature of that
relationship. Only the Superintendent, Deputy Superintendent or the School Board
has the authority to modify the at-will relationship, and then only in writing, signed
by the Superintendent, Deputy Superintendent or School Board.
I understand that I have an obligation to inform my supervisor and/or Human
Resources department of any changes in my personal information, e.g. contact
number, address, change in family status, etc. I also accept responsibility for
contacting my supervisor or the Director of Business Operations if I have any
questions or concerns or need further explanation.
I also agree to abide by the policies and procedures of Southwest Preparatory
School.
Date: ______________________________________
Name: _____________________________________
Signature: __________________________________
[To be placed in employee’s personnel file]
Firmwide:119783164.1 035476.1041
104
Rev. Apr. 2015
Download