DH(LOCAL) - EMPLOYEE STANDARDS OF CONDUCT

Each ESC employee shall recognize and respect the rights of ESC clients, vendors, other employees, and members of the community and shall work cooperatively with others to serve the best interests of the ESC.

Violations of Standards of Conduct

Each employee shall comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to his or her status as an ESC employee. The ESC holds all employees accountable to the Educators' Code of Ethics. [See DH(EXHIBIT)]

Violation of any policies, regulations, or guidelines, including intentionally making a false claim, offering a false statement, or refusing to cooperate with an ESC investigation, may result in disciplinary action, including termination of employment. [See DC]

Safety Requirements

Each employee shall adhere to ESC safety rules and regulations and shall report unsafe conditions or practices to the appropriate supervisor.

Texting while driving shall not be permitted when performing ESC-related duties.

Alcohol and Drugs / Notice of Drug-Free Workplace

The prohibitions regarding alcohol and drugs shall apply to all employees regardless of rank and shall include temporary and part-time employees. Each employee, as a condition of employment, shall agree to comply with this policy.

An employee who violates the prohibitions regarding alcohol and drugs shall be subject to disciplinary actions. Such action may include referral to drug and alcohol counseling where the employee is required to successfully complete an appropriate rehabilitation program as a condition of remaining an ESC employee. Other actions may include termination of employment and possible referral to appropriate law enforcement officials for prosecution. The ESC reserves the right to allow treatment as an option to other disciplinary measures as long as the employee cooperates with the program.

As a condition of employment, an employee shall abide by the terms of the following drug-free workplace provisions. An employee shall notify the Executive Director in writing if the employee is convicted for a violation of a criminal drug statute occurring in the workplace in accordance with Arrests, Indictments, Convictions, and Other Adjudications, below.

An employee shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours:

  1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
  2. Alcohol or any alcoholic beverage.
  3. Any abusable glue, aerosol paint, or any other chemical substance for inhalation.
  4. Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.

An employee need not be legally intoxicated to be considered "under the influence" of any of the above-listed substances.

Exceptions

It shall not be considered a violation of this policy if the employee:

  1. Manufactures, possesses, or dispenses a substance listed above as part of the employee's job responsibilities;
  2. Uses or possesses a controlled substance or drug authorized by a licensed physician prescribed for the employee's personal use; or
  3. Possesses a controlled substance or drug that a licensed physician has prescribed for the employee's child or other individual for whom the employee is a legal guardian.

Sanctions

An employee who violates these drug-free workplace provisions shall be subject to disciplinary sanctions. Sanctions may include:

  1. Referral to drug and alcohol counseling or rehabilitation programs;
  2. Referral to employee assistance programs;
  3. Termination from employment with the ESC; and
  4. Referral to appropriate law enforcement officials for prosecution.

Notice

Each employee shall be given a copy of the ESC's notice regarding the drug-free workplace. [See DI(EXHIBIT)]

Consequences of Violation

Any employee suspected of violating this policy shall be suspended with pay immediately pending completion of an investigation. During the course of the investigation, the suspected employee shall have notice of the alleged violation and the opportunity to provide an explanation.

Employee Responsibility

All fees or charges associated with drug/alcohol abuse counseling or rehabilitation shall be the responsibility of the employee.

Arrests, Indictments, Convictions, and Other Adjudications

An employee shall notify his or her immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of the other offenses as indicated below:

  1. Crimes involving ESC property or funds;
  2. Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
  3. Crimes that occur wholly or in part on ESC property or at an ESC-sponsored event or activity; or
  4. Crimes involving moral turpitude, which include:
    • Dishonesty, fraud, deceit, theft, or misrepresentation;
    • Deliberate violence;
    • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;
    • Felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in Chapter 481 of the Health and Safety Code;
    • Felony driving while intoxicated (DWI); or
    • Acts constituting abuse or neglect under the Texas Family Code.

Dress and Grooming

An employee's dress and grooming shall be clean, neat, in a manner appropriate for his or her assignment and in accordance with any additional standards established by his or her supervisor and approved by the Executive Director.

Education Service Center, Region 2

DH(LOCAL)-X

UPDATE 24

DATE ISSUED: 5/20/2019