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STANDARDS
OF CONDUCT
Information
regarding employee standards of conduct is found in Board Policy
DH Legal,
DH Local, and
DH Exhibit - (Code of Ethics and Standard Practices for Texas
Educators).
Alcohol and Drugs
Employees
who use or are under the influence of alcohol or illegal drugs, as defined
by the Texas Controlled Substances Act, during working hours may be
dismissed in accordance with board policy. Additionally, the Crime
Control Act of 1990 makes it a Federal offense to possess controlled
substances with intent to distribute them on school property or within
1,000 feet of school property. Severe penalties of imprisonment and fines
are applicable to such offenses.
Weapons
The Crime
Control Act of 1990 makes it a Federal offense for an individual knowingly
to possess a firearm in a school zone. The term "school zone" means the
grounds of a public, parochial, or private school, or within 1,000 feet
from such grounds. A violation of this statute subjects one to
imprisonment of up to five years (which must run consecutively to any
other violation of law), a fine up to $250,000, or both imprisonment and
fine.
Harassment
Employees shall not engage in
harassment motivated by race, color, religion, national origin,
disability, or age and directed toward students or District employees. A
substantiated charge of harassment against a student or an employee shall
result in disciplinary action up to and including termination.
The term “harassment” includes
repeated, unwelcome, and offensive slurs, jokes, or other oral, written,
graphic, or physical conduct relating to an individual’s race, color,
religion, national origin, disability, or age that creates an
intimidating, hostile, or offensive educational or work environment.
Employees who believe they have been
harassed are encouraged to promptly report such incidents to their
supervisor. If the supervisor or campus principal is the subject of such
a complaint, the employee shall report the complaint directly to the
Superintendent.
An employee who suspects or knows that
a student is being harassed by a school employee or by another student/s
shall inform his/her principal or immediate supervisor.
Any allegation of harassment of
students or employees shall be investigated and addressed.
Oral complaints shall be reduced in
writing to assist in the District’s investigation. To the greatest extent
possible, complaints shall be treated as confidential. Limited disclosure
may be necessary to complete a thorough investigation. An employee may
appeal the decision of the supervisor regarding the investigation into the
allegations in accordance with
DGBA Local.
The District shall not retaliate
against an employee who in good faith reports perceived harassment.
Sexual Harassment
Employee
to Employee
An employee who believes they are the subject of sexual
harassment should report this to their principal, supervisor, or the
Assistant Superintendent for Personnel and Administration. See Board
Policy DIA Local
Irving ISD
Board of Trustees Policy
DIA Local prohibits employee conduct
constituting sexual harassment of other employees. Unwelcome sexual
advances, requests for sexual favors, or other verbal or physical conduct
of a sexual nature constitute sexual harassment when: 1) submission to
such conduct is made either explicitly or implicitly a term or condition
of employment; or 2) submission to or rejection of such conduct by an
individual is used as the basis for employment decisions affecting the
individual; or 3) such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an
intimidating, hostile, or offensive working environment.
Same-sex
sexual harassment is prohibited.
The
District shall exercise reasonable care to prevent and correct promptly
any sexually harassing behavior and develop preventive or corrective
measures to address sexually harassing behavior.
A
supervisor with immediate (or successively higher) authority over an
employee shall not create an actionable hostile environment for that
employee nor take a tangible employment action (hiring, firing, failing to
promote, reassignment with significantly different responsibilities, or a
decision causing a significant change in benefits) based on an employee’s
sex.
Employees
who believe they have been or are being sexually harassed by other
employees are encouraged to come forward with complaints. District
officials or their agents shall investigate promptly all allegations of
sexual harassment of employees by other employees, and officials shall
take prompt and appropriate disciplinary action against employees found to
have engaged in conduct constituting sexual harassment of employees.
Employee to Student
All
district personnel shall recognize and respect the rights of students, as
established by local, state, and federal law.
Sexual
harassment of students includes such activities as engaging in sexually
oriented conversations for purposes of personal sexual gratification,
telephoning students at home or elsewhere to solicit inappropriate social
relationships, physical contact that would reasonably be construed as
sexual in nature, and enticing or threatening students to engage in sexual
behavior in exchange for grades or other school-related benefit. See
DH Legal and
DIA Local.
Sexual
abuse of a student by an employee, when there is a connection between the
physical activity and the employee’s duties and obligations as a District
employee, violates a student’s constitutional right to bodily integrity.
Sexual abuse may include, but is not limited to, fondling, sexual assault,
or sexual intercourse.
An
employee who knows of behavior of another employee towards a student which
constitutes sexual harassment must report that information to their
principal, supervisor, or the Assistant Superintendent for Personnel and
Administration. Behavior which constitutes sexual abuse must also be
reported to Child Protective Services or the Irving Police Department.
See Legal Reference Material FFG Legal.
Student to
Student - Sexual harassment between students should be dealt with based on
the Student Discipline Management Plan.
Profanity
The
educator shall not use profanity or vulgar gestures at any time in the
classroom. (Classroom includes any teaching or instructional areas,
whether academic, co-curricular, or extracurricular.)
Drug-Free Workplace Requirements
The district prohibits
the unlawful manufacture, distribution, dispensation, possession, or use
of a controlled substance, illicit drug, and alcohol, as those terms are
defined in state and federal law, in the workplace or as a part of any of
the District's activities. Employees who violate this prohibition
shall be subject to disciplinary sanctions. Compliance with these
requirements and prohibitions is mandatory and is a condition of
employment. (See
Drug Free
Workplace Environment - DI Exhibit)
Use of Tobacco
The use of
tobacco or tobacco products is prohibited inside all District buildings or
inside any motor vehicle owned by the Irving ISD, on any property owned or
leased by the District, and at any school-related or school-sanctioned
activity. This prohibition applies to school personnel and visitors. A
violation of this policy is an offense punishable by a fine not to exceed
$200.00.
It is the
responsibility of the superintendent or his/her designee to ensure that
notices prohibiting smoking are posted at appropriate locations on school
premises and that receptacles for disposing of lighted cigarettes and
other tobacco products are provided at the entrances of all buildings.
(Penal Code 48.01)
Electronic Surveillance
Electronic
surveillance equipment is used from time to time on campus and at school
sponsored activities. Teacher behavior recorded on electronic
surveillance equipment is subject to review as documented behavior for
evaluation and employment decisions.
Arrest and Conviction – See
DH
Local
An employee who is
indicted for any felony or any offense involving “moral turpitude” must
report his/her indictment to the principal or immediate supervisor within
three calendar days of the indictment. An employee who is convicted of or
receives deferred adjudication for such an offense must also report that
event to the principal or immediate supervisor within three calendar days
of the event. “Moral turpitude” includes, but is not limited to, the
following:
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Dishonesty
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Fraud
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Deceit
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Theft
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Misrepresentation
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Deliberate
violence
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Base, vile, or
depraved acts that are intended to arouse or gratify the sexual desire
of the actor
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Drug or alcohol
related offenses
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Acts
constituting abuse under the Texas Family Code
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