Embed Size (px)
Citation preview
Institutional Education Programs Employee
Handbook
The Employee Handbook is outlined to help understand Institutional Education’s personnel policies.
Specific Purpose of the Handbook
• Provide information concerning benefits, right and responsibilities;
• Establish guidelines/procedures for day-to- day administration of personnel matters;
• Ensure fairness & consistency in personnel decision making;
Specific Purpose of the Handbook
• Ensure that Department recruits and selects and retains personnel with high capabilities and committed to the mission and goals of the State Board and Department;
• Provide a climate which fosters optimal staff performance and high morale; and
• Meet both Department and employee needs in providing leadership and service for high
quality education in Institutional Education Programs.
The Employee Handbook is not intended as a detailed statement of all applicable personnel statutes, regulations and policies.
Additional information may be obtained from supervisor or Human Resources Office (304-558-2702).
The Employee Handbook Does Not Constitute a Contract for
Employment.
Table of Contents
Section I: Getting Acquainted
Section II: Work Schedules & Pay
Section III: Benefits
Section IV: Employment & Related Policies
Section V: Administrative Procedures
Section VI: Disciplinary & Grievance Procedures
Section VII: Separations
Section I: Getting Acquainted
• An Overview of the Board and Department
• Mission of State Board of Education
• Institutional Education Programs
• Your Employment Relationship
• Equal Employment Opportunities
• Accommodating Employees with Disabilities
• Harassment
• Communications Policy
• Employment Categories
An Overview of the Board and Department
The Constitution of West Virginia provides that the general supervision of the free school is vested in the West Virginia Board of Education.
There are nine (9) members appointed by the Governor for terms of nine (9) years.
The State Board selects a State Superintendent of Schools, who is the Chief Executive Officer.
Mission of the State Board of Education
To establish and maintain a thorough, efficient, accountable and dynamic
educational system.
Institutional Education Programs
The State Board and State Superintendent are responsible for the education of:
1. Juveniles in State Correctional Institutions;
2. Juveniles Placed in Secure Pre-Dispositional Juvenile Detention Centers and Diagnostic Centers;
3. Adults in State Correctional Institutions and Regional Jails;
4. Juveniles in the State’s Residential Institution for the Seriously Emotionally Disturbed; and,
5. Juveniles Placed in Certain Residential Institutions for Custody and Treatment.
• The Department Acts Like a “Special School District” for Institutionalized Youth and Adults.
• The Department’s Educational Programs in Institutions are Administered by the Office of Institutional Education Programs.
Institutional Education Programs
The Mission of Institutional Education Programs is to Prepare Juveniles and Adults for Successful Transition to School or Employment and to Life in Their Communities as Responsible and Productive Citizens.
Your Employment Relationship
1. Department staff are governed by policies of the State Board, applicable state and federal laws and regulations and directives of the State Superintendent or designee(s).
2. Department staff are noncontractural employees. (pg. 3)
Equal Employment OpportunityEqual Employment Opportunity
It is the Policy of the WV Department of Education to afford equal opportunity for employment without regard to race, color, religion, national origin, disability which can be reasonably accommodated, gender, age, veteran status, or political affiliation. (pg. 3)
Accommodating Employees Accommodating Employees with Disabilitieswith Disabilities
• The Department will make reasonable accommodations to known physical or mental impairment of qualified individuals with a disability.
• An individual with a disability has the responsibility to request an accommodation.
(pg. 3)
Harassment
The WV Department of Education strictly prohibits racial, sexual or religious/ethnic harassment of any kind or violence toward students and staff.
The Department will not tolerate any form of discrimination or harassment (Policy 2421). (pg. 4)
Communications Policy
The West Virginia Department of Education is committed to establishing & maintaining good lines of communication with and among employees at all levels of the organization.
Supervisors are responsible for keeping their staff members reasonably informed. (pg. 4)
Employment Categories
The Department categorizes employees as “professional” or “associate staff” members.
Professional staff members are “exempt” from the provisions of the Fair Labor Standards Act (Overtime Compensation)
Associate staff members are “nonexempt” and covered by FLSA wage and hour laws. (pg. 5)
Section II: Work Schedules and Pay
• Work Year• Work Week• Work Day • Work Schedules• Overtime• Lunch/Meal Periods• Planning Period• School Closure Due to Inclement Weather & Special Circumstances• Pay• Pay Periods & Paydays• Payroll Deductions• Salary Advancements
Work YearWork Year
• Employment days are between 200 and 261 as designated on the job description.
• School calendars are developed by education at the institution in collaboration with the host agency.
• School calendars normally consist of 200 days with an extended school term up to 40 days.
• The number of days of employment may be reduced as a result of a lack of funding, need or change of program.
(pg. 8)
Work WeekWork Week The normal workweek is defined as 37.5
hours. (pg. 8)
Work DayWork Day
• The normal work day must be at least seven and one-half clock hours and may not exceed eight clock hours.
• Professional staff are expected to attend activities which must necessarily take place before or after the work day without additional compensation. (pg. 8)
Work Schedules
• The principal/lead teacher, with the approval of the Superintendent of IEP, establishes the school calendar and work schedules.
• Employees are responsible for reporting to work at the prescribed time and location.
• Work hours may be changed in the event of an emergency or unusual circumstance. (pg. 9)
Overtime
Associate Staff - overtime is defined as the number of hours worked beyond 40 hours in the workweek; time approved in advance and authorized by the supervisor.
Nonexempt employees are paid one and one-half times their hourly rate for hours worked in excess of 40 each week. (pg. 9)
Overtime
Professional Staff - are exempt from overtime pay requirements and are expected to work the hours and schedules necessary to fulfill job requirements.
Compensatory time is not available for work in excess of regularly scheduled hours.
Any adjusted work schedule must be approved in advance and authorized by the Superintendent of IEP and must be used within a twenty day work period. (pg. 9)
Lunch/Meal Periods
Staff employed more than one-half the class periods in the work day or more than three and one-half hours during the work day are granted a duty free lunch/meal period of not less than thirty consecutive minutes.
A staff member may exchange a lunch/meal period for any compensation or benefit mutually agreed upon. (pg. 9)
Planning Period
Teachers employed more than one-half the class periods in the work day are provided at least one planning period.
The planning period shall be the length of the class period but not less than thirty consecutive minutes.
A teacher may exchange a planning period for any compensation or benefit mutually agreed upon. (pg. 10)
School Closure Due to Inclement School Closure Due to Inclement Weather & Special CircumstancesWeather & Special Circumstances
• The principal/lead teacher, in coordination with the chief executive officer of the institution, determines whether to close or delay school.
• Early dismissal resulting in less than one-half instructional day is counted as a non-instructional day.
• If required, a make-up date for instruction shall be designated within the school calendar.
• If school remains open, staff who miss must use Personal Leave for Illness and Other Causes (sick leave). Staff without leave, will have their pay docked. (pg. 10)
Pay
The daily rate of pay is equivalent to the daily rate of pay of a comparable position in the public schools of the county where the facility is located. (pg. 11)
Pay Periods and Paydays
• Employees are paid twice a month - on the 15th & 30th or 16th & 31st.
• If a scheduled payday falls on a Saturday or Sunday, paychecks are issued on the Friday preceding the scheduled payday. (pg. 11)
Payroll Deductions
• Federal Withholding Tax• State Withholding Tax• Social Security Withholding Tax (FICA) • Medicare• Teachers Retirement (pg. 11)
Salary Advancements
Professional and associate staff may earn salary advancements through achievement of advanced salary classifications as prescribed in Policy 5202.
Employees are responsible for filing appropriate paperwork for advanced salary classification. (pg. 12)
Section III: Benefits
• Holiday Observations• Out-Of-School Environment Days • Annual Leave for 261-Day Employees• Personal Leave for Illness & Other Causes• Leave Donation Program• Court Witness & Jury Duty Leave• Military Leave• Parental/Family Leave
Section III: Benefits (Continued)
• Medical Leave of Absence Without Pay• Leaves of Absence - Personal• Medical/Basic Life Insurance• COBRA Benefits• Teachers Retirement System• Staff Development • Unemployment Compensation• Workers’ Compensation• Other Benefits
Holiday Observations
New Years Day 1st Day of January
Martin Luther King’s Birthday 3rd Monday of January
Memorial Day Last Monday in May
West Virginia Day 20th Day of June
Independence Day 4th Day of July
Labor Day 1st Monday of September
Veterans Day 11th Day of November
(pg. 14)
Holiday Observations (Continued)
Thanksgiving Day 4th Thursday of November
Christmas Day 25th Day of December
Primary Election Day - When a statewide primary election is held
General Election Day - When a statewide general election is held
Any other dates proclaimed by the President or Governor as official holidays.
When a holiday occurs on Sunday, the Monday immediately following will be observed as the holiday. When a holiday occurs on Saturday, the Friday immediately preceding will be observed as the holiday. (pg. 14)
Out-Of-School Environment DaysOut-Of-School Environment Days
• Six paid non-instructional days are designated and scheduled within the regular term of the school calendar.
• 261 Day employees are required to work at the school on OSE days. (pg. 14)
Annual Leave for 261-Day Employees
Years of Service Days Earned Per Month
0-4 1 ¼
5-9 1 ½
10-14 1 ¾
15+ 2
(pg. 15)
Annual Leave For 261-Day Employees
Up to 40 days of annual leave may be carried over from one calendar year to another.
When an employee transfers to another state agency, all accumulated annual leave is transferred. (pg. 15-16)
Personal Leave for Illness and Other Causes (Sick Leave)
A death of the employee’s immediate family not to exceed 5 days.
A physician’s written statement is required for use of sick leave beyond 3 consecutive working days.
Earning rate, procedures and guidelines are specified in the Handbook. (pg. 16-19)
Leave Donation Program
Annual leave accrued or accumulated by an employee may, if voluntarily agreed by the employee, be transferred to the annual leave account of another designated employee if the other employee requires additional leave because of a medical emergency or prolonged illness. (pg. 19)
Court Witness and Jury Duty Leave
An employee will be granted leave with pay when subpoenaed to testify in court in a case in which he or she is not a party or when summoned to serve on a jury. (pg. 19)
Military Leave
May not exceed 30 working days in any one calendar year.
Must be accompanied by an official order from the appropriate military officer. (pg. 19)
Parental / Family Leave
Entitled to a total of 12 weeks unpaid parental/family leave following the exhaustion of annual and personal leave as provided in the West Virginia Parental Leave Act. (pg. 20)
Medical Leave of Absence Without Pay
An injured or ill employee may be granted an approved medical leave without pay, not to exceed six months in a twelve month period, following the expiration of any personal and/or annual leave. (pg. 21)
Leave of Absence – Personal
An employee may be granted personal leave of absence without pay subject to the discretionary approval of the State Superintendent and State Board. (pg. 22)
Medical/Basic Life Insurance
Participation is voluntary for enrollment in Public Employees Insurance Agency (PEIA) Benefit Plan. The plan offers hospital, surgical, major medical, prescription drug and other medical care benefit coverage. (pg. 23)
COBRA(Consolidated Omnibus Budget
Reconciliation Act)
Federal law entitles employees and covered dependents to continue medical coverage when coverage would otherwise terminate, provided the employee and/or dependents pay the full group premiums. (pg. 23)
Teachers Retirement System
All employees required by state law to be members of the Teachers Retirement System administered by the WV Consolidated Public Retirement Board. (pg. 23)
Staff Development
Staff are provided a variety of opportunities to develop and improve job skills.
Pending available funding and approval, staff may attend workshops and training pertinent to areas of responsibility. (pg. 24)
Unemployment Compensation
Employees are covered by the West Virginia Unemployment Compensation Law which is designed to provide insurance against loss of wages to employees who become unemployed. (pg. 24)
Workers’ Compensation
If you sustain a job-related illness or injury, you may be eligible to receive compensation for loss of wages due to both temporary and permanent disabilities. (pg. 24)
Other Benefits
Other benefits include the purchase of U. S. Savings Bonds through a payroll savings plan, tax sheltered annuities and membership in the WV Public Employees Credit Union. (pg. 24)
Section IV
Employment & Related Policies
• Personnel Selection Criteria
• Employment Process
• Employment of Family Members
• Orientation
• Outside Employment
• Personnel File
• Minimal Requirements for Licensure
• Performance Expectations
• Performance Evaluations
Personnel Selection Criteria
The Department of Education shall recruit and employ the highest qualified personnel. Qualified shall mean the individual possesses the knowledge, skills and abilities to:
1. Perform the job requirements;
2. Work within the special setting of a correctional, health or human service facility; and
3. Work as part of an educational and rehabilitation team. (pg. 26)
Employment Process
All position announcements are posted and sent to standard recruiting sources and are advertised for a minimum of 15 calendar days with the option to advertise only within the Department.
Applicants for associate and professional positions submit application to the Office of Human Resources.
Interview committee recommends up to three candidates to the Superintendent of Institutional Programs who recommends the appointment to the State Superintendent.
Once approved by the State Superintendent, a proposed offer of employment is extended. (pg. 26)
Employment of Family Members
The Superintendent and Board discourage the employment of immediate family members of Department personnel.
Immediate family is defined as husband, wife and children.
Exceptions could include family members not directly supervised by another family member or assigned to separate divisions. (pg. 27)
OrientationOrientation
• All newly hired employees will be given formal orientations to the Department and school.
• New employees report to the principal/lead teacher to receive a school handbook outlining all policies and procedures, and to apply for benefits and fill out other necessary forms.
• The principal/lead teacher is responsible for maintaining an orientation check list to ensure employees have received an appropriate orientation. (pg. 28)
Outside Employment
Any outside employment must not present a conflict of interest or prevent the employee from performing assigned duties and must be during off duty hours.
Employees must provide the Superintendent of IEP with prior written notice of consultant agreements with county school districts, RESA’s and other state agencies. (pg. 28)
Personnel File
Necessary job-related and personal information about each employee is retained in the official personnel file kept by the Department’s Office of Human Resource.
Files include identifying information; employment applications and other related documents; job descriptions; certification and training records; notices of pay changes and benefit coverage information; performance evaluations and disciplinary records. (pg. 29)
Minimal Requirements for Minimal Requirements for Licensure of Professional StaffLicensure of Professional Staff
• Professional educators shall hold a valid teaching license endorsed in the assigned area(s) of responsibility.
• Professional staff are responsible for:– Knowing the expiration date of their teaching license;– Being aware of renewal requirements;– Filing appropriate applications; and– Upgrading salary classifications.
(pg. 30)
Performance ExpectationsThe State Superintendent and the State Board have established standards of conduct and performance expectations for all staff members of the Department of Education and expect employees to:
• Work effectively;• Demonstrate self control;• Exhibit an attitude of mutual respect and tolerance; • Demonstrate ethical conduct;• Demonstrate good work habits;• Demonstrate effective writing and oral presentation skills;• Demonstrate expertise in areas of responsibility;• Abide by state and federal laws, policies, regulations, & directives;• Represent the Department in a positive and professional manner;• Keep up to date with developments in his or her field;• Faithfulness and promptness in attendance at work;• Maintain just and courteous professional relationships; and• Demonstrate respect for established lines of authority. (pg. 30)
Employee Code of ConductPolicy 5902 requires that employees shall:
• Exhibit professional behavior;
• Contribute to a cooperative environment for achievement at the highest levels;
• Maintain an environment free from harassment, intimidation, bullying, substance abuse, and/or violence, and free from bias and discrimination;
• Care through understanding and support;
• Intervene in any Code of Conduct Violation;
• Maintain high standards of conduct, self-control, and moral/ethical behavior; and
• Comply with Federal and WV laws policies, regulations and procedures. (pg. 30)
Performance Evaluations
Employees receive written job performance evaluations by their supervisor(s) in accordance with Policy 5310 and Policy 5314.
Evaluations are based upon established performance criteria or goal accomplishment.
An improvement plan is implemented if an evaluation is unsatisfactory or at any time an employee’s performance is unsatisfactory. (pg. 31)
Section V: Administrative Policies
• Staff-Student Relationships• Supervision of Students• Safety & Security• Safe Schools• Staff Dress & Grooming• Reporting of Child Abuse & Neglect• Health and Safety• Tuberculosis Test• Hepatitis B Inoculation• Attendance and Punctuality• Absence Reporting• Political Activities• Alcohol and Drugs in the Workplace• Tobacco Control Policy• Confidentiality• Solicitations
Section V: Administrative Policies
• Membership Fees• Copyright Infringement• Information Systems• Telephone Calls• Use of Department Property• Travel• Conflicts of Interest• Relationships with Media• Department Stationary• Freedom of Information• Department Publications• Faculty Advisory Committee• Floral Contributions• Operational Procedures Manual
Staff-Student RelationshipsStaff-Student Relationships
1. Staff shall treat students with respect, courtesy and consideration.
2. No profane, demeaning, indecent or insulting language or words with racial or ethnic connotations.
3. Partiality is prohibited.
4. Employees shall not extend or promise a student or former student, unauthorized special privileges or favors. (pg. 34)
Staff-Student RelationshipsStaff-Student Relationships5. Student records, offenses, personal history or private
affairs is for official use only.
6. Insults nor sarcasm may be used before a student’s peers as a way of forcing compliance with a staff member’s requirements or expectations.
7. Staff shall strive to provide for the fullest self-determination by each student in regard to his or her education program.
8. Staff shall comply with host agency policies and rules. (pg. 34-35)
Supervision of StudentsSupervision of Students
• Staff members are accountable for taking student attendance and reporting absences.
• Students are not to be left unattended or staff members permitted to delegate supervision responsibilities without authorization of the principal/lead teacher.
• Supervision of students extends beyond the classroom to all areas of the school and is a shared responsibility by all staff. (pg. 35)
Safety & SecuritySafety & Security• Staff have responsibility in assisting host
agency in maintaining safety and security by:
1. Complying with policies and procedures for safety and security;
2. Providing effective classroom discipline;3. Maintaining vigilance, and detecting and responding to
behavioral changes in students;4. Maintaining inter-departmental and interagency
communications; and5. Performing reporting and security functions. (pg. 35)
Safe SchoolsSafe Schools
• Staff shall report all violations of the Student Code of Conduct (Policy 4373) to the principal/lead teacher.
• Staff have responsibility for reducing the risk of violence, maintaining order, demonstrating mutual respect and ensuring that students receive the help they need.
• Staff shall not carry or possess a deadly weapon. (pg. 36)
Staff Dress & GroomingStaff Dress & Grooming
• Staff members serve as role models for juveniles and adults in institutions.
• Staff are expected to dress and groom appropriately for the educational environment and in a manner that is not disruptive to the educational process.
• Dress and grooming must meet health, safety and security requirements. (pg. 36)
Reporting of Child Abuse & Reporting of Child Abuse & NeglectNeglect
• Staff shall report immediately, and not more than 48 hours, after suspecting a student is abused or neglected.
• Compliance and reporting procedures are required by State Code 49-6A-2.
• Failure to report may result in a fine, incarceration, or both. (pg. 36)
Health & SafetyHealth & Safety
• Staff expected to follow safety instruction and comply with procedures to prevent accidents.
• Staff responsible to immediately report all health and safety problems to immediate supervisor. (pg. 36)
Tuberculosis TestTuberculosis Test
• Legislative House Bill 2885 requires compulsory tuberculosis testing for out-of-state transfer students and new school employees.
• All school personnel shall have an approved tuberculin skin test at the time of employment, unless required more often by the school’s host agency.
• A confidential record of approved test results shall be maintained in the school’s office. (pg. 37)
Hepatitis B InoculationHepatitis B Inoculation
• Employees in Institutional Education Programs are strongly encouraged to receive Hepatitis B inoculations.
• Staff interested in receiving the Hepatitis B vaccination should contact their principal/lead teacher. (pg. 37)
Attendance and Punctuality
The Department expects regular attendance from all employees. Employees are required to be on time and ready to work at the beginning of their scheduled work periods.
The principal/lead teacher is responsible for reviewing the attendance records of all employees under her or his supervision at the end of each month.
Suspected attendance abuse shall be reported to the Superintendent of IEP. (pg. 37)
Absence ReportingAbsence Reporting
• Request for leave are to be requested in advance.
• If an employee must be absent without prior approval he or she is required to notify his or her immediate supervisor by 9:00 a.m. of the initial day absent.
Political ActivitiesPolitical Activities
• Staff are prohibited from using their official position or Department resources for political activities.
• Staff are permitted to participate in voting; expressing opinions as private citizens; attending political rallies as spectators; and making lawful, voluntary political contributions. (pg. 38)
Alcohol & Drugs in the WorkplaceAlcohol & Drugs in the Workplace
• It is the policy of the Department to ensure that its workplaces are free of alcohol, illegal drugs and controlled substances by prohibiting the use, possession, purchase, distribution, sale, or presence in the body system, without medical authorization.
• This is applicable while employees are engaged in any work-related activity which includes performance of Department business during regularly scheduled work days and meal breaks having a connection with the job or agency.
(pg. 39)
Tobacco Control Policy
Policy 2422.5A restricts the use of any tobacco product at any time by any person in any building or other property owned or operated by the Department or by a county board of education or RESA. This policy includes private buildings, automobiles, or other vehicles used for school activities and Department functions when students and staff are present. (pg. 39)
ConfidentialityConfidentiality
• Employees are prohibited from disclosing confidential information.
• Violation may be grounds for disciplinary action and/or other legally mandated penalties.
(pg. 40)
Solicitations
Nonpolitical solicitation, sales, and/or distribution of literature or merchandise by state employees and/or non-state employees is prohibited on state property or at any work site without the written permission of the Superintendent of Institutional Education Programs. (pg. 40)
Membership FeesMembership Fees
• The Department does not pay organizational membership fees for individuals.
• Before agreeing to accept any office or committee assignment which requires expenditures, approval must be obtained by the Superintendent of Institutional Education Programs. (pg. 40)
Copyright InfringementCopyright Infringement
• Infringement of copyright is prohibited by law and Policy 5711.
• Employees must adhere to the copyright law in regard to the reproduction of print and nonprint materials. (pg. 40)
Information SystemsInformation Systems
• The Department’s information systems are to be used exclusively for the business of the organization.
• All information system messages are records of the Department.
• The Department reserves the right to enter an employee’s information system files whenever there is a business need to do so. (pg. 41)
Telephone Calls
All telephones are for the purpose of conducting official business.
All personal calls should be held to a minimum. (pg. 41)
Use of Department PropertyUse of Department Property
• Department property of any kind is to be used only for officially approved activities.
• Employees are obligated to protect and conserve Department property.
• Any state-owned or leased property which is lost or misplaced must be reported within twenty-four hours.
• State vehicles are to be used for official business only. (pg. 41)
TravelTravel
• All travel must be approved in advance by the Superintendent of IEP.
• All out-of-state travel must be approved by the State Superintendent or designee.
• All travel must be in compliance with applicable state travel regulations. (pg. 42)
Conflicts of InterestConflicts of Interest
• Employees are bound by the WV Governmental Ethics Act.
• This Act establishes a code of conduct to guide employees and help them avoid conflicts between personal interests and public responsibilities. (pg. 42)
Relationships With MediaRelationships With Media
• Prepared news releases must be approved by the Superintendent of IEP and Executive Director of Public Information.
• Employees should not contact media directly without first discussing them with the Superintendent of IEP and Executive Director of Public Information.
• Any information provided to media should be factual and consistent with the policies of the State Board of Education.
• Under all circumstances, the Superintendent of IEP and the Executive Director of Public Information must be notified as soon as possible regarding information provided to the media. (pg. 42)
Department Stationary
Employees are required to use official Department stationery for conducting Department business.
Use of any other stationery for Department business is prohibited. (pg. 42)
Freedom of InformationFreedom of Information
• Under the Freedom of Information Act, any person has a right to inspect or copy any public record as provided by the Act.
• All Freedom of Information Act requests must be made in accordance with Policy 1230: Freedom of Information Requests.
• Persons seeking public records will be required to reimburse the Department forty cents per page payable prior to release. (pg. 43)
Department PublicationsDepartment Publications
• All publications must be approved in advance by the Superintendent of IEP and Executive Director of Public Information.
• Publication include, but are not limited to, newsletters, reports, manuals, programs, handbooks, brochures, directories and other publications related to programs, services or operations.
• The Department retains all rights and privileges pertaining to ownership of all publications and materials. (pg. 43-44)
Faculty Advisory CommitteeFaculty Advisory Committee
• The principal/lead teacher shall organize a Faculty Advisory Committee whose purpose shall be to provide the administration with recommendations concerning program development and improvement.
• The Faculty Advisory Committee will be scheduled to meet during instructional time as specified in the school calendar. (pg. 44)
Floral ContributionsFloral Contributions
• A fund is maintained for purchase of flowers and/or donations of deceased Department personnel as outlined in the Employee Handbook.
• Voluntary contributions will be requested from time to time. (pg. 44)
Operational Procedures ManualOperational Procedures Manual
• The Superintendent of IEP is responsible for the development and maintenance of an operational procedures manual to provide staff with guidance.
• The principal/lead teacher shall maintain an updated copy of the manual and make available to staff.
• The principal/lead teacher shall also provide staff with applicable host agency policies and procedures. (pg. 44)
Section VI. – Disciplinary & Section VI. – Disciplinary & Grievance ProceduresGrievance Procedures
Disciplinary Action
Grievance Procedure
Disciplinary ActionDisciplinary Action
• The purpose of disciplinary action is to communicate to an employee that certain actions are inappropriate or are in violation of Department policies and procedures. (pg. 46)
Disciplinary Action
Examples of reasons for suspension:
• Misuse of state funds or property
• Insubordination
• Incompetence
• Unsatisfactory performance
• Intemperance
• Willful neglect of duty
• Immorality
• Cruelty (pg. 46)
Disciplinary Action
Examples of reasons for suspension (Continued)
• Violation of the alcohol & drugs in the workplace policy
• Fraud
• Conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge
• Activities involving conflict of interest and violations of law and/or policy of the Board. (pg. 46)
Suspension or Dismissal
• Recommendations to suspend or dismiss an employee may arise with the immediate supervisor and shall be presented in writing with documented reasons for the action to the Superintendent of IEP.
• The Superintendent of IEP or designee shall investigate the matter.
• Should an employee be recommended for suspension or dismissal, proper written notice enumerating the charges shall be sent to the employee by certified mail return receipt requested. (pg. 46)
Suspension or Dismissal (continued)
• Employees who commit acts of violence or other egregious misconduct or serious violations may be temporarily suspended without pay.
• The school principal or supervisor shall immediately notify the State Superintendent or designee of the temporary suspension.
• Suspended employees cleared of charges pending against them as the result of an investigation will be reinstated with full back pay. (pg. 47)
Grievance Procedure
• Employees of the West Virginia Department of Education are covered by the Grievance
Procedure for Education Employees (W.Va. Code 18-29-1 et seq.)
• The intent of the Grievance Procedure is to foster an environment in which grievances can be resolved at the lowest possible administrative level. (pg. 47)
Steps of the Grievance Procedure
(a) Level One
1. Before a grievance is filed and within 15 days following the occurrence of the event, or within 15 days of the date on which the event became known, the grievant or representative shall schedule a conference with the immediate supervisor.
2. The immediate supervisor shall respond to the grievance within 10 days of the conference.
3. Within 10 days of receipt of the response from the immediate supervisor following the informal conference, a written grievance may be filed with supervisor.
4. The immediate supervisor shall state the decision to the grievance within 10 days after the grievance is filed. (pg. 48)
Steps of the Grievance Procedure
(b) Level Two
Within 5 days of receiving the decision of the immediate supervisor, the grievant may appeal the decision to the chief administrator and such administrator or his/her designee shall conduct a hearing in accordance with section six of this article within 5 days of receiving the appeal and shall issue a written decision within 5 days of such hearing. (pg. 48)
Steps of the Grievance Procedure
(c) Level Three
All Department grievances will proceed from Level Two to Level Four. (pg. 49)
Steps of the Grievance Procedure
(d) Level Four
1. If the grievant is not satisfied with the decision at Level Two, within 5 days of the written decision the grievant may request in writing on a form, that the grievance shall be submitted to a hearing examiner as provided in WV State Code Section 18-29-5. Such hearing to be conducted within 10 days following the request or within 30 days or such time mutually agreed upon if hearing examiner gives reasonable cause to the necessity for such delay.
2. Within 30 days following the hearing, the hearing examiner shall render a decision in writing to all parties setting forth the findings and conclusions. (pg. 49)
Matters Excluded From the Grievance Procedure
The following are not legitimate grievance matters:
1. When authority to act is not vested with the employer;
2. Relating to public employee retirement; and
3. Relating to public employees insurance. (pg. 49)
Expedited Grievance Procedure
An employee may file a grievance directly to the Education and State Employees Grievance Board for a Level 4 hearing within 10 working days of the effective date of the following action:
1. Suspension exceeding 20 working days;
2. Demotion for cause (with prejudice); and
3. Dismissals. (pg. 49)
Time Limits
If a decision is not rendered at any level within the prescribed time limits, the grievant may appeal to the next level of the grievance procedure. Time frames at Levels 1 and 2 may be extended by written mutual agreement.
The grievant may prevail by default if a grievance evaluator required to respond to a grievance at any level fails to make a required response in the time limits required. (pg. 50)
Section VII: Separations
• Resignation
• Retirement
• Reduction in Force
• Dismissal
• Death
Section VII: Separations
A separation from employment occurs when an employee (1) resigns, (2) retires, (3) is laid off because of lack of work or shortage of funds, (4) is terminated from a limited term appointment, (5) transfers from one state agency to another, or (6) is dismissed.
Resignation
Employees who plan to resign should give a minimum of two-weeks written notice prior to their last day of work.
The notice should state the reason for the resignation. (pg. 52)
Retirement
Employees who retire through the Teachers Retirement System are entitled to be paid for all accrued annual leave. Employees may, however, elect not to receive payment for accrued annual leave and may apply this balance as well as sick leave balance toward extended insurance coverage or to acquire additional credited service in the retirement system. (pg. 53)
Reduction-In-Force
Due to a drop in enrollment, lack of need, or loss of funding, it may become necessary for the State Board of Education to reduce the number of employees in any or all of the Institutional Education Programs. Employees may be reduced by the State Board at any time. Whenever it is necessary to reduce the number of professional or associate staff, the affected employee will be notified, in writing, by certified mail, at least 30 calendar days in advance of the last day of work. (pg. 53)
Reduction-In-Force
All professional employees whose seniority is insufficient to allow their retention shall be placed on a preferred recall list at the facility which will allow re-employment at the facility into the area of previous employment or to any lateral area for which they have certification and/or licensure and shall be recalled on the basis of seniority if no regular full-time professional or those returning from leaves of absence with greater seniority are qualified, apply for and accept such a position. (pg. 53-54)
Reduction-In-Force
Should there be a reduction in force of associate staff, the employee with the least amount of seniority at the facility within that classification or grades of classification shall be properly released and employed in a different grade of that classification if a vacancy at that facility exists. Provided, that there is no vacancy within such classification or grades of classification, he or she shall be employed in any other job classification which was previously held at the facility if there is a vacancy and shall retain any seniority accrued. (pg. 54)
Reduction in Force
Laid-off employees who are participating members of the Public Employee’s Insurance Agency will have continued basic health and life insurance coverage for themselves and basic health insurance coverage for eligible dependents for the entire month of separation plus an additional 3 months following the month of separation at no additional cost to the employee. (pg. 54)
Dismissal
Employees who are dismissed have the right to file a grievance with the Education and State Employees Grievance Board through the expedited grievance procedure.
Death
When an employee dies leaving a balance of accrued annual leave, this balance is paid in a lump sum to the estate of the deceased employee.
Annuity benefits may be available through the Public Employees Retirement System to a surviving spouse or eligible dependents.
Surviving legal spouse and eligible dependents of a deceased employee who was a PEIA participant may elect to continue medical coverage at their own expense. (pg. 55)
Employee Employee HandbookHandbook
Office of Institutional Office of Institutional Education ProgramsEducation Programs
The Employee Handbook is not intended as a The Employee Handbook is not intended as a detailed statement of all applicable detailed statement of all applicable personnel statutes, regulations and policies. personnel statutes, regulations and policies. Employees may request further information Employees may request further information from their supervisor or the Department’s from their supervisor or the Department’s Office of Human Resources if more specific Office of Human Resources if more specific information is desired. In case of any information is desired. In case of any inconsistency between the content of this inconsistency between the content of this handbook and applicable statutes, handbook and applicable statutes, regulations or policies, the latter shall regulations or policies, the latter shall prevail.prevail.
