DG(LEGAL) -

Employee Free Speech

Whistleblower Protection

  1. Regulate under or enforce the law alleged to be violated in the report; or
  2. Investigate or prosecute a violation of criminal law.

Definitions

  1. The employee believed that the conduct reported was a violation of law; and
  2. The employee's belief was reasonable in light of the employee's training and experience.
  1. The employee believed the governmental entity was authorized to:
    1. Regulate under or enforce the law alleged to be violated in the report, or
    2. Investigate or prosecute a violation of criminal law; and
  2. The employee's belief was reasonable in light of the employee's training and experience.

Whistleblower Complaints

Initiate Grievance

Legal Action

  1. Exhaust a district's grievance procedures, in which case the employee must sue not later than the 30th day after the date those procedures are exhausted to obtain relief under Government Code Chapter 554; or
  2. Terminate district grievance procedures and sue within the time lines established by Government Code 554.005 and 554.006.

Burden of Proof

Affirmative Defense

Notice of Rights

Right to Report a Crime

Protection for Reporting Child Abuse

  1. Reports child abuse or neglect to:
    1. The person's supervisor,
    2. An administrator of the facility where the person is employed,
    3. A state regulatory agency, or
    4. A law enforcement agency; or
  2. Initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

Protection from Disciplinary Proceedings

Reporting Child Abuse or Maltreatment

Use of Physical Force

  1. If the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
  2. When and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.

Instructional Materials and Technological Equipment

Exception

Breaks for Nursing Mothers—Nonexempt Employees

Right to Express Breast Milk

Charitable Contributions

  1. Make a contribution to a charitable organization or in response to a fund-raiser; or
  2. Attend a meeting called for the purpose of soliciting charitable contributions.

Protection of Nurses

  1. Would constitute grounds for reporting the nurse to the Board of Nurse Examiners under Occupations Code Chapter 301, Subchapter I;
  2. Constitutes a minor incident, as defined at Occupations Code 301.419; or
  3. Would violate Occupations Code Chapter 301 or a rule of the Board of Nurse Examiners, if the nurse notifies the district at the time of the refusal that this is the reason for refusing to engage in the act or omission.

Hamilton ISD

DG(LEGAL)-P

UPDATE 103

DATE ISSUED: 9/25/2015