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Section 2: Hiring Practices

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2.0 Nepotism

Scope: Faculty and Staff

Nepotism is broadly defined as granting position or advantage in the workplace (i.e., job appointment, promotion, pay increase, etc.) to one’s relatives. The purpose of this policy is to comply with Government Code, Chapter 573 and in situations not covered by Government Code, Chapter 573 but as defined further below in order to avoid favoritism, the appearance of or likelihood of favoritism, conflicts of interest, and other forms of unfair treatment often associated with nepotism in the workplace.

Individuals are related by consanguinity if one is a descendant of the other, or if they share a common ancestor. An adopted child is considered to be the child of an adoptive parent for this purpose. Individuals are related to each other by affinity if they are married to each other, or the spouse of one of the individuals is related by consanguinity to the other individual. (See table further below.)

In accordance with Government Code, Chapter 573, no person related to any member of the Board of Regents within the second degree of affinity or within the third degree by consanguinity shall be eligible for appointment to any office, position, employment, or duty with any Component of The Texas State University System (TSUS), when the salary, fee, or compensation of such appointee is to be paid, either directly or indirectly, out of public funds of any kind.

While not prohibited by Government Code, Chapter 573, a TSUS Component must undergo special personnel review and action before employing (or reassigning) any individual related within the second degree of affinity or the third degree of consanguinity to another employee* if:

  1. Such employment (or reassignment) causes one to have a direct supervisory relationship over the other; or
  2. Such employment (or reassignment) causes one to have authority over the salary or other employment terms of the other, whether directly or indirectly.

* The term “employee” shall refer to those shared service employees to whom the above criteria apply, even though they may be employed by separate TSUS Components.

In instances when the above-named a. or b. instances occur, the related parties shall complete the Component’s Nepotism Disclosure form, inclusive of delineating a management plan to satisfy any relevant policy concerns, which shall be approved and signed by the department’s Vice President and then submitted to the President(s) for signature before the employment relationship begins. In such instances when it is determined that appropriate allowances cannot be made to adequately relieve the policy concerns of Nepotism, employment/reassignment shall be denied. All situations covered by a Component’s usage and administration of a Nepotism Disclosure form shall be reported annually through the President’s Report to the Board.

The table below is to be used to determine degrees of relationship.

Degrees of Relationship
Consanguinity (blood) Affinity (marriage)**
First Degree Second Degree Third Degree First Degree Second Degree Third Degree
Parent Grandparent Great Grandparent Spouse Grandparent Great Grandparent
Child Grandchild Great Grandchild Parent Grandchild Great Grandchild
  Sibling Uncle or Aunt Child Sibling Uncle or Aunt
    Nephew or Niece     Nephew or Niece

** The ending of a marriage by divorce or the death of a spouse ends relationships by affinity.

Reference: Texas Government Code, Chapter 573; TSUS Rules and Regulations, Chapter 5, 2.2

2.1 Dual Employment

Scope: Staff

The Texas Constitution places limits on persons holding more than one civil office of employment at the same time. A non-elected employee of the State of Texas may hold more than one position if the positions are of benefit to the state and there is no conflict. Employees seeking to hold more than one position must inform each agency of their dual employment status. The agencies must rule whether such dual employment is allowable.

Employees who are legally employed in two or more positions with the state are subject to the following provisions:

  1. Completely separate leave records will be maintained for each position.
  2. The person accrues state service credit for all purposes as if the employee had only one employment.
  3. Upon termination of one position, the leave balances may not be transferred to the remaining employment.
  4. The state contribution toward the employee's position of the social security tax liability is subject to the overall individual limit.
  5. Total state contribution toward group insurance is limited to the amount specified for a full-time employee.
  6. The employee is entitled to longevity pay of only one position.
  7. Overtime compensation will accrue to each employment totally independent of the other except in those instances in which the person is subject to the overtime provisions of FLSA. In these cases, and where the multiple employments is with two separate agencies, the two agencies shall coordinate in order to determine which agency shall have the responsibility of ensuring that the employee is properly compensated.

Employees holding or applying for dual positions who fail to inform Lamar State College Orange of their status are subject to the immediate termination of their position.

2.2 Nominations and Appointments

Scope: Faculty

Appointments

All faculty appointments, including the granting of tenure, are subject to the approval of the Board. At the annual meeting of the Board (or at the earliest practicable meeting following the Governor’s approval of the State’s General Appropriations Act), the Board shall appoint the faculty and other teaching personnel to term or annual appointments for a specified period not to exceed one year. The President shall advise each appointee in writing of the provisions and conditions of the appointment. If a faculty member has already been appointed by the Board for either a fall or spring semester, the contract may be extended for the summer or for additional special assignments during the same fiscal year by the President, unless the extension includes a change in academic rank or an increase in the base salary.

Nominations

The President shall recommend to the Board the employment or re-employment of faculty members to be awarded term or annual appointments, advising the Board in writing as to the tenure status, proposed academic rank, and highest degree of each nominee.

Reappointments

Written notice of a decision not to reappoint will be given to a tenure track faculty member not later than March 1st of the first, or not later than December 15th of the second, academic year of probationary service. After two or more academic years, written notice shall be given not later than August 31st that the subsequent academic year will be the terminal year of appointment. The notice required by this Section is not applicable where termination of employment is for good cause or for faculty members who are appointed on a term basis.

The 77th Legislature specified procedures regarding employment contracts for faculty at institutions of higher education. An institution of higher education that determines it is in its best interest to reappoint a faculty member for the next academic year shall offer the faculty member a written contract for that academic year not later than 30 days before the first day of the academic year. If the institution of higher education is unable to offer the contract prior to the stipulated time frame, the institution shall provide the faculty member with written notification that the institution is unable to comply, offer an explanation why it could not meet the deadline, and specify in the written notification a time by which it will offer a written contract to the faculty member for the applicable academic year.

2.3 Limitation on Contracts

Scope: Faculty and Staff

None of the funds appropriated by the Appropriations Act may be used to enter into a contract for consulting or professional services or into an employment contract, with any individual who has been previously employed by the department or agency within the past twelve months. For the purpose of this section, the term “employment contract” shall include a personal services contract regardless of whether the performance of such a contract involves the traditional relationship of employer and employee.

Appropriated funds may not be used to pay a contract workforce for which the contract is executed, amended, or renewed on or after September 1, 2001, until an agency or institution:

  1. Develops comprehensive policies and procedures for its contract workforce.
  2. Examines the legal and personnel issues related to the use of a contract workforce.
  3. Conducts a cost/benefit analysis of its current contract workforce before hiring additional contract workers or amending or renewing existing contracts.
  4. Documents why and how the use of contract workers fits into agency staffing strategies.

Lamar State College Orange will consider hiring contract workforce or outsourcing a function based on the following criteria:

  1. services required are seasonal
  2. services required are temporary
  3. services required are highly specialized
  4. time certain to complete a project
  5. cost effectiveness.

The first step is to work with their supervisor and the Director of Procurement Services to determine the need for contract workers. If the need exists and is determined to be cost effective, managers should adhere to guidelines as determined by the Procurement department and/or TSUS Contract Management Handbook, where applicable.

2.4 Student Employment

Scope: Students

Any employee filling a position requiring student status is considered a student employee. Student employees may be classified as Student Assistants or Work Study.

Student employees are limited to 20 hours of work per week. Should extenuating circumstances within the department require the need for a student to exceed the 20-hour limit, the department must obtain approval from the President in writing prior to authorizing the additional hours. A copy of the authorization must be forwarded to Human Resources for the student’s personnel file.

A student employee may be employed during a period of nonattendance, such as a summer or between semesters. To be eligible for this employment, a student must have been enrolled in the last regular session and planning to re-enroll in the next regular session. The student’s earnings during this period of nonattendance must be used to pay his or her cost of attendance for the next period of enrollment. If the student fails to register for the subsequent term, Lamar State College Orange must be able to demonstrate that the school had reason to believe the student intended to enroll the next term. There should at least be a fee statement in the student’s file indicating they were registered for classes at the time the employment occurred.

All student employees are paid minimum wage. Student employees are ineligible for benefits other than Benefit Replacement Pay (if employed on 8/31/95) and Workers’ Compensation.

Under the modification of the State of Texas’ Section 218 Agreement, qualified student employees will be excluded from social security and Medicare coverage for services performed after June 30, 2000. To qualify as a student employee, the student must be registered in the term and must be in an appointment for half time or less which is restricted to students. A minimum of six hours for undergraduates and three hours for graduates is required during a long semester and three hours is required during the summer. Student status will be validated once per semester, the day after the census date of the full term.

2.5 Disclosure of Information

Scope: Faculty and Staff

All requests for information concerning current or former employees should be referred to the Human Resources Director. Employers are not required to provide an employment reference to or about a current or former employee.

Disclosure by an employer of truthful information regarding a current or former employee protects employment relationships and benefits the public welfare. An employer, a managerial employee, or other representative of the employer, who discloses information about a current or former employee is immune from civil liability for that disclosure or any damages proximately caused by that disclosure, unless it is proven by clear and convincing evidence that the information disclosed was known by that person to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed.

The 77th Legislature added provisions requiring the implementation of a state government privacy policy. Each state governmental body that collects information about an individual in a paper or electronic format shall prominently state that:

  • With few exceptions, the individual is entitled on request to be informed about the information that the state governmental body collects about the individual.
  • The individual is entitled to receive and review the information.
  • The individual is entitled to have the state governmental body correct incorrect information.

2.6 Selective Service Registration or Exemption

Scope: Faculty and Staff

An agency in any branch of state government may not hire a male between the ages of 18 and 25 years inclusive unless he presents proof of his registration or exemption from registration with the selective service system. The following persons are exempt from the requirement to register:

  1. Females.
  2. Lawfully admitted non-immigrant aliens because they are residing in this country temporarily.
  3. Members of the Armed Forces on full-time active duty, including cadets and midshipmen at the United States service academies.

Human Resources will verify selective service registration for new employees. Any offer of employment is considered conditional until proof of registration is documented. If it is found an individual is not registered, the individual must do so immediately in order to be eligible for employment.

2.7 Criminal Record Searches

Scope: Faculty, Staff, and Student Employees

Lamar State College Orange seeks to provide a safe and productive environment for employees, students, and visitors. To accomplish this goal, the college performs criminal history record checks to identify individuals who have committed serious crimes and are disqualified from employment by law or because their presence in the work place would create an unacceptable risk to our campus community.

This policy is applicable to all full-time, part-time employees (or volunteers) and student workers where it is prudent to complete a criminal history record check and exclude persons with a criminal history from employment. The college currently conducts criminal history record checks for all security sensitive positions including those with access to critical infrastructure. Critical infrastructure is defined as a “communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” The college reserves the right to perform criminal history record checks for other positions in individual circumstances whenever it is deemed appropriate to protect the interests of the college.

Applicant is defined as an individual who applies for an open position with Lamar State College Orange, whether the individual is an outside candidate or a current employee of the College.

Procedures

1. All applicants are required to authorize reference and criminal background checks as a part of the application process. Refusal to authorize the background check will eliminate the applicant from consideration for employment.

2. After the hiring department completes the interview process and is prepared to make a recommendation for hire, the Human Resources Office will be notified to initiate a criminal background check on that individual. The Human Resources Director will conduct the criminal background check before the employment decision is made. If circumstances require that an offer be made before the completion of an investigation, all offers of employment, oral or written, shall include the following statement, “This offer is contingent on the completion of a satisfactory criminal history investigation.”

3. Criminal background checks are conducted on all security sensitive positions including those with access to critical infrastructure. Security sensitive positions will be identified on individual job descriptions and on job postings with the following statement, “This position is security sensitive and thereby subject to the provisions of the Texas Education Code §51.215.” For those staff positions with access to critical infrastructure such positions will be identified on the individual job descriptions and job postings with the following statement, “This position has been identified as a position involving ‘critical infrastructure’ as defined under Texas law. As a condition of employment, this position requires that applicants for and employees in this position be able to maintain the security and integrity of the critical infrastructure at all points during their employment with Lamar State College Orange.”

4. Lamar State College Orange will conduct criminal record searches for an:

  1. applicant selected to fill security sensitive position including access to critical infrastructure,
  2. employee selected to transfer or be promoted to a security sensitive position including access to critical infrastructure, or
  3. employee whose position is reclassified as security sensitive including access to critical infrastructure if a criminal history check was not completed at the time of hire.
  4. employee at the discretion of Lamar State College Orange’s President’s Cabinet.

5. The college reserves the right to conduct criminal record searches when an employee is charged with any crime that reflects on his or her suitability for continued employment. Criminal record searches can also be initiated as a result of an administrative investigation.

6. The Texas Department of Public Safety database and/or a third party vendor will be used to check criminal backgrounds.

7. A copy of the criminal history record check will be placed in a confidential file maintained in the Human Resources Office. This information will be disclosed only to Lamar State College Orange personnel who need to know or as otherwise required by law. The criminal history record check is not part of any employee's personnel file. The Human Resources Director will destroy criminal history information obtained in a background check no later than 60 days after obtaining it.

8. If a criminal history record check is reported affirmatively, the Human Resources Director will consult with the hiring manager in conjunction with the hiring manager’s respective Assistant Vice President, Vice President, or Provost to determine whether or not the employee or candidate should be disqualified from employment due to legal requirements. Results of background checks do not impact a student’s status as a student unless reporting is required by program and/or agency as part of a licensing, credentialing or other process.

9. Except where employment is expressly prohibited by the law, the college will review each individual’s criminal history and consider factors such as, but not limited to:

  1. the nature and age of the crime(s) reported,
  2. the position sought and duties,
  3. rehabilitation,
  4. the candidate’s employment history, and
  5. references.

10. In the case of a disagreement on whether there are grounds for disqualification, the TSUS General Counsel will review the case and make the final decision.

11. In the event of a discrepancy in a criminal history record check report involving the individual’s identity, a criminal background fingerprint check may be requested.

12. If a candidate did not disclose a criminal history on his/her application and is found to have such a record, a job offer may be rescinded or employment terminated due to falsification.

13. It will be the responsibility of the Executive Director of Procurement Services or their Procurement designee to verify outside contractors or agencies that assign temporary or contract workers conduct the appropriate background checks to protect the interests of the college.

14. For purposes of this policy, evidence of a criminal history includes any conviction or plea of guilty, a plea of no contest, a suspended imposition of sentence, any suspended execution of sentence, any period of probation or parole, or any other action (other than an arrest record) involving a finding that an individual committed or attempted to commit a crime.

15. Criminal history information will be used for the purpose of evaluating applicants for employment in security sensitive positions and shall not in no way be used to discriminate on the basis of race, color, religion, sex, disability, or age.

Procedures for Employee Self Reporting Requirement

All employees must report to their supervisor in writing, within five business days, any criminal charges filed against them excluding misdemeanor offenses punishable only by fine. Additionally, employees must report to their supervisor in writing any conviction or other final disposition of a criminal charge filed against them. A criminal conviction or other final disposition for misdemeanor offenses punishable only by fine similarly does not need to be reported.

A self-report under this section will require an individualized assessment per number 8 and 9 listed above.

Failure to report under this section is a violation of this policy and may lead to disciplinary action, up to and including termination of employment.

2.8 Driving Policy

Scope: Faculty and Staff

General Policy

Employees of Lamar State College Orange shall use extreme care in operating a motor vehicle while performing official Lamar business. The term “motor vehicle” shall mean any motor vehicle driven by a Lamar State College Orange employee in the conduct of official business regardless of whether the motor vehicle is owned by Lamar State College Orange, privately owned by a Lamar State College Orange employee, or is a rental vehicle.

Specific Policies and Procedures for use of Lamar State College Orange owned vehicles may be obtained from the Physical Plant Director who serves as fleet manager.

The use of a Lamar State College Orange owned vehicle for purposes other than performing or carrying out official business is strictly prohibited.

Employees who operate a motor vehicle in the performance of Lamar State College Orange responsibilities are required to maintain satisfactory driving records, as set forth in the Evaluation of Employee Driving Records section, and follow all state traffic safety laws.

Employees who operate motor vehicles in the performance of Lamar State College Orange job responsibilities shall be on Lamar State College Orange’s approved drivers list and shall report, within two business days, to the Human Resources Office any traffic and non-traffic citation convictions and the type of violation, traffic accidents, or suspension of their driver’s license, whether the conviction, accident, or suspension occurs in connection with driving a Lamar owned vehicle, a private vehicle or a rental vehicle.

Violation of this policy, including improper use of a motor vehicle or failing to maintain a satisfactory driving record, as determined by Lamar State College Orange, shall result in deletion of the employee from the approved driver list and may subject the employee to disciplinary action, which may include termination.

Supervisors will be given a list of employees under their supervision who have not been cleared to drive under this policy. It is the responsibility of the supervisor to authorize only those employees eligible to drive a motor vehicle on official business. Failure to duly administer this policy may subject the supervisor to disciplinary action, which may include termination.

Evaluation of Employee Driving Records

Lamar State College Orange requires that all employees whose duties require driving must be insurable in order to be employed or continue their employment. The Human Resources Office sends out Consent to Motor Vehicle Check forms annually and employees must sign the consent form and complete the Application for Copy of Driver Record then return them both to Human Resources. Applications are sent to the Texas Department of Public Safety for a check on accidents and/or moving violations within the past 3-year period.

Newly hired employees must complete the consent and application forms along with other required documents that are part of the employment process.

The Human Resources Office will maintain a list of employees who have not been approved by the Texas Department of Public Safety. Supervisors will receive a list of the employees under their direct supervision that have not been cleared to drive. Before authorizing travel, the supervisor will review the list. If the employee has not been approved to drive, travel will be denied pending addition to the approved list through the consent and application process.

Employees will not be allowed to drive on Lamar State College Orange business, and, therefore, not on the approved list, if they are deemed to be unacceptable to the college’s insurance carrier or have within three (3) years prior to the date of their individual driver’s license checks:

  1. Been convicted of driving while intoxicated (DWI) or driving under the influence (DUI).
  2. Received three or more moving violations in any two-year period within the last three years.
  3. Been involved in two or more accidents in any two-year period within the last three years.
  4. Had his/her driver’s license suspended.

Adverse Action Based on the Motor Vehicle Report

If Lamar State College Orange denies employment or takes other adverse action against an employee because of information contained in the motor vehicle report, the applicant/employee will be provided:

  1. a copy of the motor vehicle report.
  2. the address and telephone number of the Department of Public Safety.
  3. a statement that the applicant/employee is entitled to dispute the accuracy of the report with the DPS.
  4. notification that they must inform the Human Resources Director within one (1) week from the date they are notified that they are disputing the report.

After one (1) week, if the employee does not dispute the report, the direct supervisor will be notified the employee is not approved to drive. If there is a dispute of the report, the employee will remain in a pending status (not approved to travel) until such time as a clear report is received.

Vehicle Operation Requirements

No employee who does not have a valid Operator’s License and/or who is not on the approved list shall operate a motor vehicle while conducting Lamar State College Orange business.

An employee operating a motor vehicle while on duty is required to exercise the normally prudent care demanded by the road, weather, light, and all other prevailing driving conditions.

The driver and all passengers shall wear safety belts whenever operating/traveling in a motor vehicle on Lamar State College Orange business.

Every employee driving a motor vehicle on-duty is responsible for knowing and complying with Texas motor vehicle and driver licensing laws. Each employee is personally responsible for any traffic or parking violations incurred while driving a motor vehicle. Lamar State College Orange will not pay any fines incurred by an employee while driving a motor vehicle.

Lamar State College Orange owned vehicles are to be used for official Lamar State College Orange business only.

Drivers on Lamar State College Orange business shall not exceed legal speed limits and other motor vehicle safety laws and rules.

Cellular phones should not be used while driving.

No alcoholic beverages or illegal drugs are to be consumed or carried in a Lamar State College Orange owned vehicle or any motor vehicle while being used on Lamar State College Orange business.

All privately owned motor vehicles used by employees to conduct Lamar State College Orange business shall have the appropriate current motor vehicle inspection sticker and all drivers/employees operating a privately-owned motor vehicle shall have a certificate of insurance in effect that reflects the minimum amount of motor vehicle liability insurance required by State law.

Procedures in the Event of an Accident While on Duty

  1. Render all necessary aid and assistance.
  2. Notify the proper law enforcement agency having jurisdiction.
  3. Comply with all state laws regarding traffic accident reporting and investigation.
  4. Make no statements concerning fault or responsibility for the accident. Do not sign any waiver.
  5. Assist law enforcement personnel in their investigation. Do not speculate about what happened.
  6. Obtain the names, addresses, and telephone numbers of witnesses, if possible.
  7. If not injured, remain at the scene until the investigation is completed.
  8. Notify your supervisor and the Safety Director as soon as possible after the accident.

2.9 Campus Program for Minors

Scope: Faculty and Staff

Designated individuals, including all individuals, whether employed, an independent contractor, or volunteer, or having an appointment at LSCO, which come in contact with minors in the course of their job duties, shall complete Sexual Abuse and Child Molestation Awareness training and examination. The training includes information and examination concerning warning signs of sexual abuse and child molestation. A proactive Sexual Abuse and Child Molestation Awareness Training and Examination program maximizes adherence to SB 1414 and other applicable laws, rules, regulations and policies, and provides for the protection of minors involved in LSCO activities. All individuals must understand the requirements for reporting of suspected abuse or neglect.

Employees who violate this policy will be subject to applicable and appropriate disciplinary action, up to and including termination.

If designated individuals who are not employees violate this policy, they may have privileges extended to them by LSCO revoked or suspended.

The Texas Department of State Health Services may also impose civil penalties and/or injunctive relief for persons violating the Act.

The 82nd session of the Texas Legislature enacted SB 1414 entitled “AN ACT” related to sexual abuse and child molestation training and examination for employees of certain programs for minors held on campuses of institutions of higher education, providing penalties and stating that this act must be implemented effective June 1, 2012.

The 83rd session of the Texas Legislature enacted SB 939 entitled “AN ACT” related to reporting of suspected abuse or neglect of a minor as required by Chapter 261, Family Code.

This policy covers all LSCO employees, including student assistants having contact with minors. Generally, under Texas law a minor is anyone under the age of 18. (However, state law does provide that anyone under the age of 18 who is or has been married, or has a court order declaring the minor may legally act as an adult, is not considered a minor.)

Employees of LSCO who will be working in a “campus program for minors” that falls under the definition of camps in SB 1414 (see definition below) are required to undergo criminal background checks as well as training and examination to enhance their sensitivity to the warning signs of sexual abuse and child molestation. This applies to volunteers and unpaid students working in camps for minors as well. Criminal background checks must be completed upon hire and every two years for anyone who has a break in service.

Definitions

  • Campus Program for Minors — The program must:
    • Be operated by an institution of higher education or be on the campus of the institution;
    • Offer recreational, athletic, religious or educational activities; and
    • Offered to at least twenty (20) minors who:
      • Are not enrolled at the institution, and
      • Attend or temporarily reside at the camp for all or part of at least four (4) days.

    A Campus Program for Minors is any program that is operated by or on the campus of LSCO that offers recreational, athletic, religious, or educational activities to a minor. This does not include students enrolled at LSCO.

  • Designated Individual — Any person, whether employed, an independent contractor, or volunteer that has contact with a minor (age 17 or younger). Examples of designated individuals include, but are not limited to, faculty, staff, student workers, volunteers and contracted employees.
  • Minor — An individual age seventeen (17) or younger.
  • Program Director — Any person responsible for staffing the program that delivers services to minors.

Responsibilities

Human Resources:

  • Oversees and directs the Sexual Abuse and Child Molestation Awareness training and examination program which includes determining the definition and/or scope of what constitutes a “campus program for minors” and “designated individuals” as permitted by law.
  • Determines who meets the definition of “designated individuals.”
  • Determines which programs meet the definition of “campus programs for minors” that falls within the scope of this policy as permitted by law.
  • Conducts criminal and sex offender background checks for those designated individuals involved in the campus program for minors.

Vice Presidents, the Dean and Department Heads are responsible for enforcing this policy within their assigned departments.

Program Directors of Camps for Minors:

  • Are responsible for enforcing this policy for their summer camp employees.
  • Are responsible for informing the Human Resources office the times and dates of scheduled camps.
  • Are responsible for informing the Human Resources Office of all individuals (participating) having contact with minors during a designated camp for minors.
  • Are responsible for insuring all designated individuals participating in campus programs for minors receive training in sexual abuse and child molestation awareness as well as undergo criminal and sex offender background checks.
  • Are responsible for submitting criminal and sex offender background authorization forms to Human Resources for designated individuals participating in the campus programs for minors.
  • Are responsible for submitting completed and signed Sexual Abuse and Child Molestation Awareness Certification Forms to LSCO’s Office of Human Resources.
  • Are responsible for verifying all employees and volunteers display their campus program for minors badge at all times during camp.
  • Are responsible for checking the authorized roster provided by the Human Resources Department to ensure that all employees and volunteers present at the campus program for minors has received the required training and background check.

Reporting

A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report to:

  1. any local or state law enforcement agency;
  2. the Department of Family and Protective Services; or
  3. the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.

Any professional (as defined by Section 261.101, Family Code as an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children) who has cause to believe that a child has been or may be abused or neglected (as defined by Section 261.001 or 261.401, Family Code) or that a child is a victim of an offense under Section 21.11, Penal Code, the person shall make a report not later than the 48th hour after he or she first suspects abuse, neglect, or other infraction. A professional may not delegate to or rely on another person to make the report.

A person or professional shall make a report in the manner required by this paragraph if he or she has cause to believe that an adult was a victim of abuse or neglect and determines, in good faith, that disclosure of the information is necessary to protect the health and safety of another child or an elderly person (as defined in 48.002, Human Resources Code).

The requirement to report applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services.

Training Procedures

The Sexual Abuse and Child Molestation Awareness training includes information and examination concerning the following:

  1. techniques for reducing a child’s risk of sexual abuse or other maltreatment
  2. factors indicating a child is at risk for sexual abuse or other maltreatment
  3. the warning signs and symptoms associated with sexual abuse or other maltreatment and recognition of those signs and symptoms
  4. the requirements and procedures for reporting suspected sexual abuse or other maltreatment

All LSCO employees that have contact with minors are required to complete the Sexual Abuse and Molestation Awareness training and examination.

LSCO employees and designated individuals having contact with minors must complete the Sexual Abuse and Child Molestation Awareness training and examination upon hire and recertify every two years.

LSCO employees and all designated individuals must achieve a score of 70% or higher on the examination. Individuals scoring less than 70% will be allowed to repeat the course in order to achieve a passing score.

Upon successful completion of the course, the employee and/or designated individual will receive a certificate of completion which must be signed and forwarded to the Office of Human Resources. (The Program Directors for Camps may also want to maintain a copy of this certificate in their program files.)

A Program Director for camps and/or programs involving minors must complete and submit to the Office of Human Resources a signed document stating the dates of the camp/program and a list of camp staff no later than ten (10) business days prior to the start of the Program so all designated individuals can be scheduled for the online Sexual Abuse and Child Molestation Awareness training and examination. Human Resources will file the “Campus Program for Minors Information Form” which is available on the Texas Department of State Health Services website (http://www.dshs.state.tx.us/cpm/forms.shtm) within five days of the start of the campus program.

2.10 Volunteers

Scope: Faculty and Staff

If occasion should arise where an unpaid volunteer is to be used by any College department, the following policies and procedures shall apply:

  • A job description detailing the task and responsibilities of the volunteer shall be developed and submitted to the Human Resources Office.
  • A waiver shall be completed and signed by the volunteer employee. A copy of this waiver is to be retained by the employee; another copy is to be retained by the department; and the original waiver is to be submitted to the Human Resources Office with the volunteer job description.

Volunteer employees are not to be offered compensation and are not eligible for benefits, including workers’ compensation.

2.11 Prohibited Initiatives — Diversity, Equity and Inclusion

Scope: Faculty and Staff

Lamar State College Orange complies with State of Texas prohibitions relating to diversity, equity, and inclusion initiatives at public institutions of higher education.

1. Introduction

1.1 This policy falls under the authority of all applicable federal, state, and Texas State Institute System (TSUS) laws, rules, and regulations, including, but not limited to, the following: TSUS Rules and Regulations, Chapter VII, Paragraph 5, and the Texas Education Code § 51.3525 [S.B. 17, 88th Leg., Reg. Sess. (Tx 2023).].

1.2 The prohibitions stated in this policy do not apply to the following:

1.2.1 Academic course instruction;

1.2.2 Scholarly research or a creative work by a student or faculty;

1.2.3 An activity of a registered or recognized student organization;

1.2.4 Guest speakers;

1.2.5 Performers on a short-term engagement;

1.2.6 Policies, practices, procedures, programs, or activities to enhance student academic achievement or postgraduate outcomes that are designed and implemented without regard to race, sex, color, or ethnicity;

1.2.7 Data collection;

1.2.8 Student recruitment or admissions.

2. Definitions

2.1 Diversity, Equity, and Inclusion Office means an office, division, or unit of an institution of higher education established for the purpose of:

2.1.1 Influencing hiring or employment practices at the Institute with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws;

2.1.2 Promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;

2.1.3 Promoting policies or procedures designed or implemented in reference to race, color, or ethnicity, except as expressly authorized by the TSUS’s Office of General Counsel in accordance with a court order or state or federal law; or

2.1.4 Conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation except as expressly authorized by the TSUS Office of General Counsel in accordance with a court order or state or federal law.

2.2 Diversity, Equity, and Inclusion Training includes a training, program, or activity designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.

3. Prohibited Activities

3.1 The Institute shall not, except as required by federal law:

3.1.1 Establish or maintain a diversity, equity, and inclusion office;

3.1.2 Hire or assign an employee of the Institute or contract with a third party to perform the duties of a diversity, equity, and inclusion office;

3.1.3 Compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, or inclusion statement;

3.1.4 Give preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of the Institute; or

3.1.5 Require any person to participate in diversity, equity, and inclusion training as a condition of enrolling at the Institute or performing any Institute function except training developed and approved by the TSUS Office of General Counsel in accordance with a court order or state or federal law.

4. Disciplinary Action

Any employee or contractor who violates any of the provisions stated in this policy is subject to disciplinary action, up to and including termination.

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