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.

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” includes 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 the 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).

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 the working time” means the 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

• 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 an
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 the use of medical marijuana or hemp products a valid medical explanation for a positive marijuana test results 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:

• Bringing and/or storing (including a desk, locker, automobile, or another 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 the 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.

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 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.

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 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.

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 to 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, a sample collected, or a 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 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 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 results.

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., pre-employment, 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 tests, 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. 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 Associate Superintendent of Operations and are considered confidential.

Results will only be disclosed within the District on a need-to-know basis and retained in a secure location with controlled access as allowed by law. 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 disclosed in accordance with an individual’s written authorization or as 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 an 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. Nothing in this Policy is a promise or guarantee or should be construed as a promise or guarantee that the District will follow any particular course of action, disciplinary, rehabilitative, or otherwise, in any particular circumstances.

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 include 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.

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 the 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 dressed (business casual) and groomed at all times. Final judgment regarding any professional dress will rest with the HR Department.

Southwest Preparatory School has established the following guidelines for employees in direct care positions:

• Flip-flops or backless shoes may not be worn in the classroom as they present a safety issue. Shoes should be well-fitting with non-slip soles to provide safe and secure footing and protection against hazards.

• All employees (except maintenance and food service personnel) should be dressed in business casual attire. Gym shorts, sweats, and logo t-shirts with wording on them, excluding sports team t-shirts, are not allowed.

• Dresses should be knee length. The bottom of the dress should touch the top of the knee.

• Leggings or tights are not allowed unless they are under knee-length dresses.

• Jeans may be worn on Fridays. They may not have holes or be ragged.

• Shirts and dresses must cover cleavage.

• Inappropriate jewelry is not allowed, or a personal appearance that is distracting to the work of the school will not be allowed.

• Tattoos larger than a quarter size must be covered.

• Shirts should be long enough that your mid-drift is not exposed when you raise your arms.

• On non-school days, casual dress is allowed.

• Food Service Staff are required to wear close-toed shoes at all times. Open-toe shoes of any kind are not allowed. Loose or baggy clothing presents a safety hazard and is not allowed. Jewelry is not allowed, with the exception of a wedding band. Hair must be put up in a secure restraint during working hours. False nails of any kind are not allowed. Please keep your nails clean and short. Keep clothing clean to prevent cross-contamination.

Food Service Staff are required to wear khakis or other types of business casual clothing during school days. Jeans and casual clothing are only allowed on non-school days. Leggings or tights are not 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 workstation 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 workload, 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 unduly disrupt the normal flow of work. Breaks cannot be accumulated and taken at a later time. Teachers may be allowed a 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 handheld 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 Every Student Succeeds Act (ESSA). ESSA 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. ESSA 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.

Code of Conduct
All employees are expected to work together in a cooperative spirit to serve the District's best interests and 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 co-workers and maintain confidentiality in all matters relating to students and co-workers.
• Report working 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 immediately report injuries or unsafe conditions to a supervisor.
• 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 the 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 for contract violations. An Employee receiving a third written reprimand in a contract year may be terminated 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.

Arrests and Convictions
An Employee arrested for any felony or 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 workplace. 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's 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.

Volunteers
All individuals who desire to volunteer their services or 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 state and/or federal law require.

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 must disclose to their supervisor any situation that creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or creates a potential conflict of interest with the District's best interests. 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 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 business-like 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 affect those outside their area of authority should be coordinated with immediate supervisors; some decisions may affect the environment of the school and, therefore, should include decision-makers 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 cannot resolve the matter to the employee's satisfaction, the assistant principal or principal will take appropriate action. If the action taken does not resolve the issue or if any parties to the conflict disagree with an 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. The HR department must be notified of all formal grievances. With the exception of a complaint against the Superintendent or Principal, each complaint must initially be brought at the lowest level of review.

A grievance is a formal complaint 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

Complaint 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 speak to his/her immediate supervisor about the grievance as soon as possible.
• The employee may contact their immediate supervisor’s supervisor if the grievant alleges misconduct by the immediate supervisor.

• Within seven calendar days after the report, the employee and supervisor will attempt to resolve the complaint locally.

• If a resolution is beyond the control of the immediate supervisor, the immediate supervisor will notify Human Resources, who will attempt to resolve the complaint 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. The campus Principal will notify the HR department of the formal grievance immediately. 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 must use the Employee Complaint Form: Level One. The form must be sensible and written in understandable terms.

• 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, along with the actions taken describing efforts to resolve the grievance. A copy of this report must also be submitted to the HR department within the 10-day period.

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 ten 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 employee must use the Employee Complaint Form: Level Two. The form must be sensible and written in understandable terms.

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 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 Board's next regular meeting, 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's disciplinary policy and procedures are intended to ensure 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 infraction's severity will dictate the punishment level.

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 domain or below expectation in two or more domains. This may or may not be used with a CAP. An intervention plan is developed, meaning there are certain performance areas 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 gave to the 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 the employee’s personnel file. The Associate Superintendent of Operations will be notified immediately.

Suspension: A Suspension is removal from duty status for a period of time pending the outcome of an investigation. Suspension may occur with or without pay.

Demotion: A Demotion is a reduction in position and salary.

Dismissal: Dismissal is termination from employment for an 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 the Superintendent, Associate Superintendents, Principals, Assistant Principals, and/or supervisors.

Incompetence: Lacking the knowledge, skills, ability, and/or failing to adequately perform duties of the 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 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 violate dignity, constitute harassment or violate constitutional rights.

9. Neglect of Duty: absence from an assigned duty station, inexcusable failure to perform an assigned duty, and inexcusable inattention to duty.

10. Dereliction of Duty: Failure of an Employee to appear for three consecutive days without notice.

Procedures for Disciplinary Action
Southwest Preparatory School believes in the 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 a 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 employee’s 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, the 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:

• 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 Associate Superintendent of 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.

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, genetic information, sexual orientation, or gender identity. 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;
• 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;

• A school employee conditioning the provision of aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct;
• Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s educational programs or activities; or
• Sexual assault, dating violence, domestic violence, or stalking as those terms defined in federal law.

• 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 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.

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), sexual orientation, gender identity 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.

Investigations and Confidentiality
Whenever the District is aware of a situation that 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. The 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, including established and recently hired employees, shall have access to 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 that 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 a 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.

The Superintendent is the Title IX Compliance Coordinator. All concerns about sexual discrimination in the workplace should be addressed to their attention at 210-829-8017, 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, flyers, 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.

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 the 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, hotspots, and Systems Software (refer to the Telephone Policy in this handbook for information regarding the 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 members of management. The district reserves the right to refresh or delete data on the computer for maintenance at any time.

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, viewed 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 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. An “all district employee” requires prior approval by a member of SALT.

The District’s communication systems shall not be used as a forum to promote religious or political causes or illegal activity. Harassing, discriminatory, pornographic, 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 using 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.

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 Associate Superintendent of Operations.

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 workday 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 work-related 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 worksite 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 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.

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. Board-approved policy and procedures will be posted on the Southwest Preparatory School website, available for review by employees.

All requests for purchases must be submitted through Websmart and approved 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 proper authorization. All detailed, original receipts, along with supporting documentation charged on your Purchasing Card, must be submitted within 5 days after purchase or after returning from your business travel. This policy is in place so we can process and pay our credit card on time. It should be processed by the 15th of each month. You will receive one notice on or around the 10th of each month. Second notice will be from our PR Administrator letting you know there will be a 1290 Payroll deduction. Grace will not be extended.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 HROS for guidelines and necessary forms. Fundraising processes are located in the Business Selection on our website.

Fundraising
Southwest Preparatory School has guidelines that must be followed in order to plan a fundraising event. Please see HROS for guidelines and necessary forms. Fundraising processes are located in the Business Selection on our website.

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, benefits to students/employees, and to Southwest Preparatory School's 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 workstation
• The Employee will not engage in any Non- Southwest Preparatory School activities while in an official duty status. This includes such pursuits as childcare, eldercare, 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 work schedule. Some examples may be projects, renovation of the workplace, etc.

Remote Work
Certain employees may be eligible for remote work only during a widespread crisis or declared disaster, government-ordered shutdown, or other emergency situations as declared by federal, state, and/or local authorities. Remote work may be implemented, as determined by the Human Resources or designee, districtwide or for a specific campus/department in the event of necessary school closure due to a crisis, disaster, or emergency situation. Remote work under this regulation will end upon the School’s ability to resume normal operations and/or the end of the crisis, disaster, or emergency.

If remote work is not implemented districtwide or on a specific campus/department, an individual employee may request the opportunity to engage in remote work.

Eligibility for remote work is contingent upon the following conditions:
• The employee provides valid documentation from a current treating physician indicating that he or she is unable to return to work due to a confirmed pre-existing health condition or disability that directly causes a higher than normal risk of becoming seriously ill if he/she returns to the assigned work setting as a result of the circumstances created by the crisis, disaster, or emergency situation;
• The employee can maintain a standard workload and perform all of the essential functions of his or her job while on remote work;
• The request for remote work will not place an undue burden on the department or instructional program, including but not limited to changing the nature of or impeding the regular operation of the campus, department or program;
• The job performance while assigned to remote work is measurable and can be properly evaluated;
• Access to resources including equipment, documents, or data necessary for the operation of the campus, department or program will not be impeded if the employee is allowed to work remotely;
• The employee can do what is necessary to protect the School’s data and confidential information while on remote work;
• The employee is continuously accessible during business hours, and actively participates in meetings, conferences, and other events or activities directed by the supervisor.
• If an employee is unable to work remotely because of illness or other reasons, the employee must use any and all other available leave, including his or her sick leave where applicable, to document the time off. The absence must be reported to the immediate supervisor in accordance with board policy.
• The employee, immediate supervisor, and/or the School may terminate the employee’s continued ability to work remotely at any time by notifying Human Resources in writing.

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 the needs of Southwest Preparatory School.

Security
Security is of great importance and the telecommuting Employee will ensure all sensitive data is safeguarded. If any equipment or data is lost, notify IT immediately to begin the process of locking accounts.

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, lunchtime, or at other times if the supervisor permits. 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. Effective 9/1/2023, employees are reimbursed at the rate of 65.5 cents per mile for pre-approved travel. The Principal/Supervisor for each campus/office must approve this travel via PO, before the travel expense is incurred. A current auto insurance certificate must be in the employee’s personnel file to be eligible for reimbursement. The mileage claimed should not exceed map mileage if an employee is authorized to utilize their privately owned vehicle. When requesting reimbursement, attach a copy of MapQuest, Google Maps, or other acceptable mapping aid that indicates miles traveled to and from the approved destination. Failure to attach verification will delay payment. Vicinity travel claimed on official business is based on actual odometer readings. 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 out-of-town travel. Staff who travel from San Antonio to Seguin or vice versa three times in a calendar month will be reimbursed $150 dollars. Travel reimbursement forms are located in Eduphoria. Travel to designated workshops and meetings outside the District will be reimbursed at the rate of 65.5 cents per mile. Employees who travel overnight within the State of Texas shall be reimbursed for the actual cost of lodging at the average going rate per day excluding tax; the actual cost of meals shall not exceed $46 per day including tax. All receipts must be submitted within five business days to the Accounting Department. Receipts must be itemized. Tips, alcoholic beverages, and souvenirs are not allowable expenses for reimbursement. Please refer to the P-Card policy for further information.

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 expenses will be made in accordance with 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, via PO. If a PO is not obtained, it is not considered approved.

3. If employees are directed by Southwest Preparatory School to attend conferences and/or training, employees will be eligible for reimbursement either by daily stipend or employee’s daily rate if the conference is outside the employment agreement dates. Employees who are directed to attend conferences and/or training may be eligible and authorized for travel and reimbursement for daily per diem.

If an Employee attends conferences, workshops, and/or training not directed by Southwest Preparatory School or voluntarily attends conferences, workshops, and/or training, the Employee is ineligible to receive a stipend, daily rate, or any other type of reimbursement. If the conference, workshop, and/or training is inside the employment agreement, an employee may use personal leave for any working days missed, otherwise the Employee may be docked at their daily rate pay.

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/E-Cigarette
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 prohibited from smoking while inside the vehicle. A notice stating that smoking is prohibited by law and punishable by a fine is 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. All employees should review and understand all provisions of this Violence in the Workplace Policy to ensure a safe workplace and reduce the risk of violence.

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:
• 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
• 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 that 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.

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 TV stations and the school website or email from the Superintendent 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.

Exceptions 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;
• The use of the 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.