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: debbie.barrera@swprep.org “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, debbie.barrera@swprep.org 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