DHC(LEGAL) - EMPLOYEE STANDARDS OF CONDUCT: REPORTS TO TEXAS EDUCATION AGENCY

Note: The provisions of this policy apply to a district of innovation under Education Code, Chapter 12A. [See AF]

Definitions

Misconduct of Noncertified Employees

Notice to TEA of Termination or Resignation

  1. Abused or otherwise committed an unlawful act with a student or minor; or
  2. Was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.

Principal Notification

Investigation

Form of Report

  1. The name or names of any student or minor who is the victim of abuse or unlawful conduct by an employee;
  2. The factual circumstances requiring the report and the subject of the report by providing the following available information:
    1. Name and any aliases and certificate number, if any, or social security number;
    2. Last known mailing address and home and daytime phone numbers;
    3. All available contact information for any alleged victim or victims;
    4. Name or names and any available contact information of any relevant witnesses to the circumstances requiring the report;
    5. Current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and
    6. Involvement by a law enforcement or other agency, including the name of the agency.

Notice to the Board and Employee

Immunity

Sanctions for Failure to Report

Criminal Offense

Review of District Records

Solicitation of Sexual Conduct

  1. Behavior, gestures, expressions, or communications with a student that are unrelated to the employee's job duties and evidence a sexual intent or interest in the student, including statements of love, affection, or attraction. Factors that may be considered in determining the intent of such communications or behavior, include, without limitation:
    1. The nature of the communications;
    2. The timing of the communications;
    3. The extent of the communications;
    4. Whether the communications were made openly or secretly;
    5. The extent that the employee attempts to conceal the communications;
    6. If the employee claims to be counseling a student, the commissioner of education may consider whether the employee's job duties included counseling, whether the employee reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the employee reported the abuse or neglect to the appropriate authorities; and
    7. Any other evidence tending to show the context of the communications between employee and student;
  2. Making inappropriate comments about a student's body, creating or transmitting sexually suggestive photographs or images, or encouraging the student to transmit sexually suggestive photographs or images;
  3. Making sexually demeaning comments to a student;
  4. Making comments about a student's potential sexual performance;
  5. Requesting details of a student's sexual history;
  6. Requesting a date, sexual contact, or any activity intended for the sexual gratification of the employee;
  7. Engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;
  8. Inappropriate hugging, kissing, or excessive touching;
  9. Providing the student with drugs or alcohol;
  10. Violating written directives from school administrators regarding the employee's behavior toward a student;
  11. Suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and
  12. Any other acts tending to show that the employee solicited sexual conduct with a student.

Celeste ISD

DHC(LEGAL)-P

UPDATE 115

DATE ISSUED: 7/9/2020