DG(LEGAL) -

Employee Free Speech

Whistleblower Protection

Regulate under or enforce the law alleged to be violated in the report; or

Investigate or prosecute a violation of criminal law.

Gov't Code 554.002

Definitions

The employee believed that the conduct reported was a violation of law; and

The employee's belief was reasonable in light of the employee's training and experience.

Wichita County v. Hart, 917 S.W.2d 779 (Tex. 1996)

The employee believed the governmental entity was authorized to:

Regulate under or enforce the law alleged to be violated in the report, or

Investigate or prosecute a violation of criminal law; and

The employee's belief was reasonable in light of the employee's training and experience.

Tex. Dep't of Transp. v. Needham, 82 S.W.3d 314 (Tex. 2002)

Whistleblower Complaints

Initiate Grievance

Legal Action

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

Terminate district grievance procedures and sue within the time lines established by Government Code 554.005 and 554.006.

Burden of Proof

Affirmative Defense

Gov't Code 554.004

Notice of Rights

Right to Report a Crime

Protection for Reporting Child Abuse

Reports child abuse or neglect to:

The person's supervisor,

An administrator of the facility where the person is employed,

A state regulatory agency, or

A law enforcement agency; or

Initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

Family Code 261.110

Protection from Disciplinary Proceedings

Reporting Child Abuse or Maltreatment

Use of Physical Force

If the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and

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

Education Code 31.104(e); 19 TAC 66.107(c), .1319(d)

Breaks for Nursing Mothers—Nonexempt Employees

29 U.S.C. 207(r)

Right to Express Breast Milk

Gov't Code Ch. 619

Charitable Contributions

Make a contribution to a charitable organization or in response to a fund-raiser; or

Attend a meeting called for the purpose of soliciting charitable contributions.

Education Code 22.011

Protection of Nurses

Would constitute grounds for reporting the nurse to the Board of Nurse Examiners under Occupations Code Chapter 301, Subchapter I;

Constitutes a minor incident, as defined at Occupations Code 301.419; or

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.

Occupations Code 301.352(a)

Lumberton ISD

DG(H)-P

UPDATE 103

DATE ISSUED: 9/25/2015