The District shall not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment be- cause of the individual's race, color, religion, sex, or national origin. Nor shall the District limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status as an employee because of the individual's race, color, religion, sex, or national osrigin. 42 U.S.C. 2000e-2(a); 20 U.S.C. 1681; Labor Code 21.051; North Haven Board of Education v. Bell, 102 S. Ct. 1912(1982)

Sexual harassment is a form of sex discrimination. Meritor Savings Bank v. Vinson. 106 S. Ct. 2399(1986) [See also DHC]

As an exception to the policy stated above, the Board may employ an individual on the basis of the individual's religion, sex, national origin, or age in those certain instances where religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the District.

42 U.S.C. 200Oe-2(e)

The District shall not discriminate, as set out above, against a qualified individual with a disability because of the individual's disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Discrimination includes not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability, unless the District can demonstrate that the accommodation would impose an undue hardship on the operation of the District. 42 U.S.C. 12112(a), (b); 29 CFR Part 1630; Labor Code 2l.051

The District shall not exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social, or other relationship or association. 29 CFR 1630.8

The District shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Title II of the Americans with Disabilities Act and its applicability to the District's programs, services, and activities. The information shall be made available in such manner as the Board and College President find necessary to apprise such persons of the protections against discrimination assured them by the ADA. 28 CFR 35.106

The District shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of Title I of the ADA. 42 U.S.C. 12115

The term "disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the individual's major life activities, a record of having such an impairment or being regarded as having such an impairment. "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 42 U.S.C. 12102(2); 29 CFR 1630.2(g)-(l); 28 CFR35.104

The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. Consideration shall be given to the District's judgment as to what functions of a job are essential, and if a written description has been prepared before advertising or interviewing applicants for the job, this description shall be considered evidence of the job's essential functions. 42 U.S.C. 12111(8); 29 CFR 1630.2(m), (n)

EXCEPTIONS TO DEFINITIONS

DRUG AND ALCOHOL ABUSE

As a qualification standard, the District may require that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. Although the term "physical or mental impairment includes such contagious diseases as HIV disease (whether symptomatic or asymptomatic) and tuberculosis, an individual who by reason of such disease or infection would pose a direct threat to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation or who is unable to perform the duties of the job shall not be considered a "qualified individual." 42 U.S.C. 12113(b); 29 U.S.C. 706(8)(D); 29 CFR 1630.2(r); 28 CFR 35.104 The determination that an individual poses a "direct threat' shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. The assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:

1. The duration of the risk.
2. The nature and severity of the potential harm.
3. The likelihood that the potential harm will occur.
4. The imminence of the potential harm.

29 CFR 1630.2(r); School Board of Nassau County v. Arline, 107 S.
Ct. 1123 (1987)

The District designates the following person to coordinate its efforts to comply with Title II of the Americans with Disabilities Act of 1990, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973.

Name Rosemary Coffman

Position Coord/Coun for Students with Disabilities

Address P O Box 818, Baytown, 77522-0818

Telephone (281) 425-6384

The District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Name James F. Hickman

Position Personnel Officer

Address P O Box 818, Baytown, 77522-0818

Telephone (281) 425-6533

For complaint procedures see DGBA (L).

An employee or an employee's designated representative has a special right of access, beyond the right of the general public, to records and copies of records held by the District that contain information relating to the person that is protected from public disclosure by laws intended to protect the employee's privacy interests. The District shall not deny to the employee or his or her representative access to information about the employee on the grounds that the information is considered confidential by privacy principles, but may assert as grounds for denial of access other provisions of the Open Records Act or other law that are not intended to protect the employee's privacy interests. Gov't Code 552.023

If the officer for records determines that information in the employee's records is exempt from disclosure under provisions of the Open Records Act or other law that are not intended to protect the employee's privacy interests, he or she shall submit a written request for a decision to the attorney general before disclosing the information. If a decision is not requested, the information shall be released not later than the 10th day after the request for information is received. Gov't Code 552.307

No material relating to personal conduct, service, or performance the employee has had an opportunity to read the material and so signify by signing or initialing the material to be filed. By signing or initialing the material, the employee merely indicates that the material has been read. Agreement or concurrence with the materials is not to be construed.

Materials originated by the employee may be placed in the personnel file without examination by, or notice to, that employee.

The College shall employ faculty who meet the minimum qualifications specified by the Southern Association of Colleges and Schools, the Texas Higher Education Coordinating Board, and other appropriate accrediting or licensing authorities, whichever is highest. Only where employment emergencies exist may an employee be hired with less than the minimum qualifications, and then only on a semester length letter of appointment. Such employee must submit within one month of employment a written professional development plan to remove the deficiencies. This plan must be approved in writing by the appropriate Dean. The College is under no obligation to retain any employee beyond one semester who does not meet requirements.

Faculty who were employed prior to the 1989-90 academic year and who do not meet the minimum requirements specified above shall have until June 30, 1993, to come into compliance. At that time, all College faculty must be in compliance. Any exceptions must be approved in writing by the instructional dean and the College President.

Any faculty who are not currently in compliance shall be expected to develop a plan of action, within one month of adoption of this policy, to meet the required criteria and/or standards under the direction and approval of the supervisor and dean. Documented extenuating circumstances that interfere with yearly progress as mandated by the accepted professional development plan must be approved in writing by the appropriate instructional dean.

All new employees shall be required to present a signed medical doctor's statement concerning their physical ability to perform job related functions.

This examination will be at College expense by a specific doctor selected by the College.

These statements and records shall be kept separate and apart from records and shall be kept strictly confidential.

As a condition of employment which shall be satisfied before the College offers employment, all prospective employees shall submit to a drug test by urinalysis producing negative results. The drug test will be at College expense by a specific laboratory or firm selected by the College.

The drug test shall test for drugs as follows: marijuana, cocaine, opiates, amphetamines, phencyclidine, barbiturates, and such other drugs listed in Schedule I or II of The Controlled Substances Act (21 U.S.C. 812) that would interfere with an employee's ability to function properly and lawfully in the college "workplace" as defined in DH (LOCAL).

Urine samples collected pursuant to this policy shall be used only to test for the aforementioned drugs in connection with pre-employment drug testing and may not be used for any other analysis or test.

Standards regarding specimen collection procedures, laboratory personnel, laboratory analysis procedures, and quality assurance and quality control arid reporting and review shall meet or exceed the National Institute on Drug Abuse Mandatory Guidelines for Federal Workplace Drug Testing Programs as published in the Federal Register, Vol. 53, No. 69, 11 April 1988.

Records regarding drug testing shall be kept separate and apart from other personnel records and shall be kept strictly confidential.

The information that an employee has a communicable disease shall be confirmed by one of the following methods:

1. The employee brings the information to the District's attention.
2. The employee confirms the information when asked.
3. If the College President or designee has reason to believe that the employee has a communicable disease and is unable to perform the job or poses a threat to self or others, the employee may be asked to submit to a medical examination to determine whether the employee's physical condition interferes with the performance of regular duties or poses a threat to self or others.

The results of such an examination shall be kept confidential except that the College President or designee shall be informed of restrictions in duties and necessary accommodations. First aid and safety personnel may also be informed to the extent appropriate if the condition may require emergency treatment

The College President or designee shall obtain medical advice from local health authorities or private physicians on:

1. The nature of the risk, i.e., how the disease is transmitted.
2. The duration of the risk, i.e., how long the employee will be infectious.
3. The severity of the risk, i.e., what is the potential harm to third parties.
4. The probabilities that the disease will be transmitted and will cause varying degrees ot harm.
5. Whether the employee's condition interferes with the performance of regular duties. This determination shall be made by a physician who has performed a medical examination of the employee.

If the College President or designee determines that work restrictions, reassignment, or exclusion may be appropriate, the College President or designee shall determine whether the employee is a "disabled person." If it is determined that an employee is disabled, the College President or designee shall also determine if the employee is otherwise qualified for employment. With respect to employment, a "qualified disabled person" is a disabled person who, with reasonable accommodation, can perform the essential functions of the job in question. (See DBB for definitions)

If it is determined that an employee is a "qualified disabled person," the employee must be reasonably accommodated.

Accommodation is not reasonable if it poses undue financial or administrative burdens or fundamental alterations in the nature of the job.

A commercial motor vehicle is defined as a motor vehicle used to transport passengers or property that:

1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds,
   or
2. Has a gross vehicle weight rating of 26,001 or more pounds, or
3. Is designed to transport 16 or more passengers, including the driver,
   or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

49 CFR 382.107

As soon as practicable following an accident involving a commercial motor vehicle, the District shall test each surviving driver

1. Who was performing safety-sensitive functions with respect to the vehicle, If the accident involved the loss of human life; or
2. Who receives a citation under state or local law for a moving traffic violation arising from the accident and at least one of the following occurs:
   1. any involved vehicle requires towing from the accident scene; or
   2. any involved person(s) requires medical treatment away from the accident scene.

49 CFR 382.303(a), 390.5

A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the District to have refused to submit to testing. However, this provision shall not be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. 49 CFR 382.303(c)

The District shall provide drivers with necessary post-accident information, procedures, and instructions, prior to the driver's operating a commercial motor vehicle, so that drivers will be able to comply with these requirements. 49 CFR 382.303(d)

The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the District. 49 CFR 382.303(e)

The District shall randomly select a sufficient number of drivers for alcohol and controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate for random alcohol and controlled substances testing determined by the Federal Highway Administration (FHWA).

If the District conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substances testing at the same minimum annual percentage rates under these requirements.

49 CFR 382.305(i)

The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each driver shall being tested each time selections are made.

The District shall ensure that random alcohol and controlled substances tests conducted under this policy are unannounced and that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year.

Each driver who is notified of selection for random alcohol and/or controlled substances testing shall proceed to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function at the time of notification, the District shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.

A driver shall be tested for alcohol only while the driver is performing safety-sensitive functions, just before the driver is to perform safety sensitive functions, or just after the driver has ceased performing such functions.

49 CFR 382.305(h)(j)(k)(l)

REASONABLE SUSPICION

ALCOHOL

The District shall require a driver to submit to an alcohol test when there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy concerning alcohol. The District' determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. 49 CFR 382.307(a)

Reasonable suspicion alcohol testing may occur only if the required observations are made during, just preceding, or just after the period of the workday that the driver is required to be in compliance with this policy and the driver is performing safety-sensitive functions, is about to perform safety-sensitive functions, or has just ceased performing such functions. 49 CFR 382.307(d)

The District shall require a driver to submit to a controlled substances test when there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy concerning controlled substances. The District's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. 49 CFR 382.307(b)

A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor who made the observations within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. 49 CFR 382.307(f)

Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.

Before a driver returns to duty requiring the performance of a safety- sensitive function after engaging in conduct prohibited by this policy concerning controlled substances, the driver shall undergo a return-to- duty controlled substances test with a result indicating a verified negative result for controlled substances use.

49 CFR 382.309

Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the District shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional.

Follow-up alcohol testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

49 CFF 382.311

PROHIBITIONS APPLICABLE TO DRIVERS

ALCOHOL

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. If the District has actual knowledge that a driver has an alcohol concentration of 0.04 or greater, the driver shall not be permitted to perform or continue to perform safety- sensitive functions. 49 CFR 382201

No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol. If the District has actual knowledge that a driver possesses alcohol, the driver shall not be permitted to drive or continue to drive a commercial motor vehicle. 49 CFR 382.204

No driver shall use alcohol while performing safety-sensitive functions. If the District has actual knowledge that a driver is using alcohol while performing safety-sensitive functions, the driver shall not be permitted to perform or continue to perform safety-sensitive functions. 49 CFR 382.205

No driver shall perform safety-sensitive functions within four hours after using alcohol. If the District has actual knowledge that a driver has used alcohol within four hours, a driver shall not be permitted to perform or continue to perform safety-sensitive functions. 49 CFF 382.207

No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first. 49 CFR 382.209

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.

If the District has actual knowledge that a driver has used a controlled substance, the driver shall not be permitted to perform or continue to perform a safety-sensitive function.

The District may require a driver to inform the employer of any therapeutic drug use.

49 CFR 382.213

No driver shall report for duty, remain on duty, or perform a safety- sensitive function, if the driver tests positive for controlled substances. If the District has actual knowledge that a driver has tested positive for controlled substances, the driver shall not be permitted to perform or continue to perform safety-sensitive functions. 49 CFR 382.215

No driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by this or other District policy regarding use of alcohol or controlled substances.

The District shall not permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the District has determined that the driver has violated this policy.

49 CFR 382.501

No driver tested under the provisions of this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the District, including driving a commercial motor vehicle, nor shall the District permit the driver to perform or continue to perform safety- sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

Except as provided above, the District shall not take any action under this policy against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit the District from taking any action otherwise consistent with law based on its own authority.

49 CFR 382.505s

Except as expressly provided in this policy, nothing in the federal regulations shall be construed to affect the authority of employers or the rights of drivers, with respect to the use or possession of alcohol, or the use of controlled substances, including authority and rights with respect to testing, rehabilitation, and other penalties.

49 CFR 382.111

(See also DH (LOCAL) and DO (EXHIBIT) for provisions regarding the Drug-Free Schools and Communities Act, the Drug-Free Work-place Act, and the Texas Workers' Compensation Act)

Each driver who has engaged in conduct prohibited by this policy shall be advised by the District of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.

Each driver who engages in conduct prohibited by this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.

Before a driver returns to duty requiring the performance of a safety- sensitive function after engaging in conduct prohibited by this policy, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance.

In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substances use:

1. Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed by the substance abuse professional, and
2. Shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the District following the driver's return to duty.

49 CFR 382.605

The District shall provide educational materials that explain the federal requirements and the District's policies and procedures with respect to meeting these requirements and shall ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing under this policy and to each driver subsequently hired or transferred into a position that requires driving a commercial motor vehicle. Written notice to representatives of employee organizations of the availability of this information shall also be provided.

The materials to be made available to driver shall include detailed discussion of at least the following:

1. The identity of the person designated by the District to answer driver questions about the materials.
2. The categories of drivers who are subject to the provisions of this policy.
3. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the workday the driver is required to be in compliance with this policy.
4. Specific information concerning driver conduct that is prohibited by this policy.
5. The circumstances under which a driver will be tested for alcohol and/or controlled substances under this policy.
6. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver.
7. The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with this policy.
8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences.
9. The consequences for drivers found to have violated this policy including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures for referral, evaluation, and treatment.
10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04.
11. Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled sub-stances problem (the driver's or a coworker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management.

49 CFR 382.601

If an employee has a legal or equitable interest in any property acquired with public funds and has actual notice of the acquisition or intended acquisition of the property, the employee shall file an affidavit as follows:

1. The affidavit shall be filed with the county clerk(s) of the county or counties in which the property is located and of the county in which the employee resides within ten days before the date on which the property is to be acquired by purchase or condemnation.
2. The affidavit must:
   1. State the name of the employee and the public position held.
   2. Fully describe the property.
   3. Fully describe the nature, type, and amount of interest in the property, including the percentage of ownership interest and the date the interest was acquired.
   4. Include a verification of the truth of the information in the affidavit.
   5. Include an acknowledgment of the same type required for recording a deed in the deed records of a county.

Govt. Code 553.001, 553.002, 553.003

An employee who conceives, creates, discovers, invents, or develops intellectual property may own or be awarded any amount of equity interest or participation in, or, if approved by the Board, serve as a member of the board of directors or other governing board or as an officer or an employee of, a business entity that has an agreement with the state or a political subdivision of the state relating to the research, development, licensing, or exploitation of that intellectual property without creating a conflict of interest.

Such an employee shall report to the appropriate person or persons at the College the name of the business entity in which the person has an interest or for which the person serves as a director, officer, or employee. The Board shall include in the appropriate annual report required by Education Code 51.005 the information provided to it under this requirement during the preceding fiscal year.

Education Code 51.912

No person shall be employed in the District who is related to a member of the Board by blood (consanguinity) within the third degree, or by marriage (affinity) within the second degree. Govt. Code 73.002, 573.047 [See also NEPOTISM at BBFA (LEGAL)]

The method of computing degrees of relationship is the civil law method. Govt. Code 573.021

Two persons are related to each one is a descendant of the other or if they share a common ancestor. For this purpose, an adopted child is treated as a natural child of the adoptive parents. Govt. Code 573.022

The degree of relationship by consanguinity between a person and his descendant is determined by the number of generations that separate them. If a person and his relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding the number of generations between the person and the nearest common ancestor shared by him and his relative to the number of generations between the relative and the nearest common ancestor.

If a Board member is the prospective employee's parent or child, there exists a relationship in the first degree. If a Board member is the prospective employee's grandparent, grandchild, sister, or brother, there is a relationship in the second degree. If a Board member is the prospective employee's great grandparent, great grandchild, aunt, uncle, niece, or nephew, there is a relationship in the third degree. These are the only relationships by consanguinity that are prohibited by the nepotism law.

Govt. Code 573.023

Two persons are related to each other by affinity if they are married to each other or if the spouse of one of the persons is related by consanguinity to the other person. Divorce or the death of a spouse terminates relationships by affinity created by a marriage unless a child of the marriage is living. If a child of the marriage is living, the marriage is considered to continue until the youngest child of that marriage reaches the age of 21. Govt. Code 573.024

A husband and wife are related to each other in the first degree by affinity. For other relationships, the degree of relationship by affinity is the same as the degree of the underlying relationship by consanguinity.

If a Board member's spouse is the prospective employee's parent or child, or if the prospective employee's spouse is a Board member's parent or child, there exists a relationship in the first degree. If a Board member's spouse is the prospective employee's grandparent, grandchild, sister, or brother, or if the prospective employee's spouse is a Board member's grandparent grandchild, sister, or brother, there is a relationship in the second degree. These are the only relationships by affinity that are prohibited by the nepotism law. Govt. Code 273.025

The nepotism prohibitions described in this policy shall not apply to the confirmation or appointment of an individual to a position if the individual is employed in the position immediately before the election or appointment of the Trustee to whom the individual is related in a prohibited degree and that prior employment is continuous for at least six months before the date of election or 30 days before the date of appointment. Govt. Code 573.062(a)

If a person continues in a position under this exception, the Trustee who is related to the employee shall not participate in any deliberation or voting on the appointment, reappointment, employment, reemployment, change in status, compensation, or dismissal of the employee, if the action applies only to the employee and is not taken regarding a bona fide class or category of employee. Govt. Code 573.062(b) [See DBE (EXHIBIT)]

It is illegal to evade the provisions of this policy by trading. Govt. Code 573.044

NOTE: An example of trading would be if a Board member employed the relative of a person subject to the nepotism statute, in return for which that person employed a relative of the Board member, given the fact that neither employer could legally employ his or her own relative.

No person shall be employed in the District who is related within the third degree by consanguinity or second degree by affinity to an employee who has authority to make decisions relating to employment practices for the position in question, including employment and approval of pay.

After March 15,1990, when a person in a supervisory position marries a person whom he or she supervises, the supervised spouse shall be transferred to another position for which he or she is qualified if such position is available within the College. In the event such position is not available within the College, the supervised spouse shall be deemed to have resigned his or her employment with the College effective as the date of the marriage.

This policy shall not apply to persons employed in either full-time or part-time positions prior to March 15,1990.

Board member is prospective employee's:

First Degree

Parent / Child

Second Degree

Grandparent / Grandchild / Sister / Brother

Third Degree

Great Grandparent / Great Grandchild / Aunt / Uncle /
Niece / Nephew

Board member's spouse is the prospective employee.
OR
Board member's spouse is prospective employee's:
OR
Prospective employee's spouse is the Board member's:

First Degree

Parent / Child

Second Degree

Grandparent / Grandchild / Sister / Brother

The District may obtain criminal history record information pertaining to an applicant for employment for a security-sensitive position. The District may deny employment to an applicant for a security-sensitive position who fails to provide a complete set of fingerprints upon request. Security-sensitive positions shall be restricted to those in which employees handle currency, have access to a computer terminal, have access to a master key, or work in an area of the District that has been designated as a security-sensitive area. A security-sensitive position shall be so identified in the job description and advertisement for the position.

Education Code 51.215

The District defines employment status for administrative and instructional personnel as follows:

1. Probationary status. During the first three to five years of service, personnel shall be limited to one-year probationary contracts.
2. Regular status. Contracts for personnel may be for a period not to exceed three years.
3. Letters of Appointment. Appointment of personnel by the President, for terms as specified in the letter of appointment.

Conditions of probationary status, requirements for being placed on regular status, and conditions of regular status are located in specific sections of this policy for administrative and instructional personnel.
The District has no tenure policy for faculty.

All administrative personnel regardless of contract status are employed subject to annual appointment by the President with the approval of the Board. Administrators shall receive an administrative stipend, where applicable, commensurate with the administrative position occupied. The amount of the stipend shall be determined by the President based upon the position and the performance level of the person holding the position.

Administrative personnel includes those persons who are appointed to approved administrative positions. The College President shall determine the appropriate category for each administrative position, subject to Board approval.

The following categories for employees on regular administrative status shall be offered multi-year contracts:

1. Group III: Administrators I.
2. Group IV: Administrators II.
3. Group V: Executive Administrators.

The following administrative support staff categories shall be offered one-year contracts:

1. Group I: Administrative Support I.
2. Group II: Administrative Support II.

Administrative personnel shall be considered probationary during their first three years of administrative service. During the probationary period, they shall be awarded a one-year contract specifically identified as probationary. Contract terms shall be approved by the Board. The probationary administrative staff member shall be evaluated annually, and shall file with his or her immediate supervisor an annual self - evaluation. The annual evaluation of administrative personnel shall be in accordance with the approved Administrative Evaluation and Development Procedure. At the satisfactory completion of the probationary period as determined through the aforementioned procedure, probationary personnel shall be advanced to regular administrative status.

A person who has regular faculty status at Lee College and enters probationary administrative status shall retain the right to return to regular faculty status if a position for which he or she is qualified is available at the time he or she wishes to return to the classroom and provided the instructional dean gives a positive recommendation on the proposed change.

Administrative personnel entering regular administrative status shall be awarded a three-year contract. Administrative support staff shall be awarded a one-year regular administrative status contract when entering regular status. Contract terms shall be approved by the Board.

The regular administrative and administrative support status contracts may be renewed annually upon determination of continuing satisfactory service. Satisfactory service shall be determined by the Administrative Evaluation and Development Procedure.

Employees having had faculty status who are promoted to regular administrative status shall upon being so promoted relinquish any contract rights to which they were entitled under faculty status and shall be employed in accordance with the administrative personnel policies and procedures.

INSTRUCTIONAL PERSONNEL

PROBATIONARY FACULTY STATUS

Non contractual personnel shall serve at will, are not employed for any specified length of time, and have no property right in their employment. Horn v. Builder Supply Co. of Longview 401 S. W2d 143 (Tex. Civ. App. 1966); Bichsel v. Heard, 328 S.W2d 462 (Tex. Civ. App. 1959)

No employee other than the College President or specifically designated representative has any authority to make oral representations or agreements for employment or for any specified length of time, or to make any other agreement or representation regarding employment. Johnson v. Ford Motor Co., 690 S.W2d 90 (Tex. Ct. App. 1985)

Instructors in the public junior colleges shall meet or exceed the current standards of the College Delegate Assembly of the Commission on Colleges of the Southern Association of Colleges and Schools.

It shall be the responsibility of the institution to maintain an inservice program to encourage professional growth and development.

The District shall develop an institutional plan for faculty professional development that addresses full- and part-time teacher preparation and professional development and that reflects the personnel requirements stated in the Coordinating Board publication "Qualifications of Technical and Vocational Personnel."

19 TAC 9.65

The Board shall establish a program or a short course in order to assist faculty members whose primary language is not English to become proficient in the use of English and to ensure that courses offered for credit at the College are taught in the English language and that all faculty members are proficient in the use of the English language, as determined by a satisfactory grade. on the 'Test of Spoken English" of the Educational Testing Service or a similar test approved by the Board.

A faculty member may use a foreign language to conduct foreign language courses designed to be taught in a foreign language and may provide individual assistance during course instruction to a non-English- speaking student in the native language of the student.

Not later than September 1,1990, the District shall submit to the Texas Higher Education Coordinating Board a description of the program or short course established above for the Coordinating Board's approval.

The cost of an English proficiency course shall be paid by the faculty member lacking proficiency in English. A faculty member shall take the course until deemed proficient in English by his or her supervisor. The cost will be deducted from said faculty member's salary.

Education Code 51.917