AUGUST 2020
TEXAS ASSOCIATION OF SCHOOL PERSONNEL ADMINISTRATORS
TASPAHR Connection Your HR Quarterly Newsletter
Adapting to the New Normal
Table of Contents TASPA Staff, Executive Board & Committees
04
President’s Message
06
TASPA President Rick Rodriguez
Calendar of Events
07
2020 TASPA Events
Analysis of the New Title IX Regulations
08
An overview of the New Title IX Regulations for Elementary and Secondary Schools
Welcome New TASPA Members
11
2020 New TASPA Members
Get to Know Your TASPA Board
12
Featuring Board Members Johjania Najera, Craig Lahrman, & Christie Volmer
Another Back to School Checklist - Title IX Style
14
How Your District Can Prepare
Could 2020 be Your Growth Year?
16
TASPA Summer Conference Recap
18
U.S. DOL Issues Guidance
19
Clarifying Employers’ Obligations to Track Compensable Hours for Teleworkers
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Staff & Executive Board TASPA STAFF Dr. Lolly Guerra, Executive Director Chandelle Crane, Marketing & Communications Manager
TASPA EXECUTIVE BOARD Rick Rodriguez, President, Lubbock ISD Martha Carrasco, President-Elect, Canutillo ISD Max Flores, First Vice President, La Vernia ISD Al Rodriguez, Second Vice President, Elgin ISD Kimberly Rich, Secretary, Dickinson ISD Johjania Najera, Immediate Past President, Keller ISD
TASPA DISTRICT REPRESENTATIVES Ben Muir, District I, Northside ISD Dr. Tyrone Sylvester, District II, Goose Creek CISD Dr. Tamey Williams-Hill, District III, Austin ISD Bernadette Gerace, District IV, Prosper ISD Christie Volmer, District V, Hereford ISD Craig Lahrman, District VI, Ysleta ISD
TASPA Committees TASPA LEGISLATIVE COMMITTEE Sharon Fuery, District I, Southside ISD Dr. Casey O’Pry, District II, Clear Creek ISD Joe Palmer, District III, Temple ISD Philo Waters, District IV, Eagle Mountain-Saginaw ISD Phil Guerra, District V, Dumas ISD Bobbi Russell-Garcia, District VI, Ysleta ISD
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TASPA Committees TASPA NOMINATIONS COMMITTEE Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD Barbara Ponder, District II, Barbers Hill ISD Michele Gilmore, District III, Burnet CISD Dr. Loraine Marazzano, District IV, Grand Prairie ISD Paul Kimbrough, District V, Canyon ISD Staci Ashley, District VI, Ector County ISD
TASPA SCHOLARSHIP COMMITTEE Charity Salinas, District I, Southside ISD Kelly Gabrisch, District II, Humble ISD Krista Marx, District III, Elgin ISD Emilio Duran, District IV, Mesquite ISD Paige TeBeest, District V, Amarillo ISD Cindy Donnelly, District VI, El Paso ISD
TASPA CONFERENCE COMMITTEE **Includes President, President-Elect & District Representatives Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD Leah Tunnell, District II, Friendswood ISD Koren LeClair, District III, Eanes ISD Sandy Garza, District IV, Keller ISD Tori Adams (Para Rep), District IV, Keller ISD Chris Tatum District V, Amarillo ISD Rosa Ramos, District VI, El Paso ISD
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President’s Message “Our HR role will play a huge role in the success of keeping our educators grounded in truth and motivated to succeed this year.” of major corporations, universities and even doctors who could come up with the vaccine to take out the next pandemic. However, the most important of those future careers are the future educators who will take their place in replacing those outstanding educators who leave our profession.
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reetings from West Texas! It is hard to believe our summer has come and gone. I am sticking to the thought that today is March 160th, 2020!! TASPA successfully pulled off our first ever Virtual Conference. I want to take a few lines and thank Dr. Lolly Guerra and Chandelle Crane, our very own TASPA staff for all the extra hard work in setting up, coordinating the conference and being able to do so flawlessly! Also, I would be remised if I did not thank our Executive Board for their help and support during the conference. I hope you will take a moment and thank the staff for their efforts in continuing TASPA’s role in preparing you for your next year of work. On that note- next year of work?!? What does that even mean now? What I can tell you is that we cannot be deterred from our role as educators in our society- even in the COVID-19 world. Students are counting on us to be at the school ready to receive them and continue to form their pathway to success- not to mention ALL the parents who are ecstatic about schools opening back up!! We will be expected to continue to move our students forwardno matter what perceived barriers are placed before us. What I can be certain of is that this year, more than ever before, it will be critical that we be conscientious of how our staffs feel in this new environment. The emotional toll this new environment can take if feelings are ignored are dangerous and could be devastating to our profession. This is not intended to scare you but rather encourage you to be keenly aware that our HR role will play a huge role in the success of keeping our educators grounded in truth and motivated to succeed this year. As a profession, we taking hits from all directions. Sometimes it feels like we are in a “no-win” situation but I would encourage you to reflect back on all of the positive impact we get to have on our society. We will continue to create future presidents
TASPA continues monitoring the COVID-19 situation and reviewing all options as it relates to our TASPA Winter Conference. However, as has already been announced, our TASPA Fall Support Staff Conference will be virtual this year. We are excited to get to offer the opportunity for MORE of our support staff the AFFORDABLE opportunity to be a part of our outstanding support conference experience- even in our new virtual environment! Please get your staff registered by going to the TASPA website and following the conference event links. As a gentle reminder, please do not forget my challenge to you to meet (now virtually) at least five new members this year before we get back to our 2020 Winter Conference. To all of you - thank you for being a part of the TASPA family. I will leave you with a link to a Ted Talk that a colleague shared with us in a presentation. Dr. Raphael Rose speaks about resilience and it how critical it is that we embrace failure as a part of pathway to resilience. I hope you will find the 12 minute video to be comforting and reassuring that when are in stressful situations we can use it as a positive way to bounce back. (Click here for the video) As we start our 2020-21 school year, I wish you each the very best start, no matter how your district is opening. I hope you will lean on your TASPA contacts for help and guidance. I hope you will broaden your skill set and be successful in whatever your district asks you to take on in this crazy year. Know that prayers for all educators are being sent and I hope each feels them. I am cheering for each of you to have the BEST start of the school year from the highest mountain top of West Texas!! God Bless and Be Safe!!
Rick
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Calendar of Events For more information and updates on post-poned or virtual meetings due to COVID-19, please visit our webiste at taspa.org or call 512-494-9353.
DATE
EVENT
LOCATION
October 5-6, 2020
Virtual Fall Support Staff Conference
Online
October 20, 2020
Eichelbaum/TASPA Title IX Administrators Conference
Online
October 22, 2020 November 12 **each Thursday
TASB/TASPA HR Academy
Online
December 9, 2020
ED-311 Personnel Law Conference
Austin Rennaisance Hotel
December 9-11, 2020
TASPA Winter Conference
Austin Rennaisance Hotel
Thank you to our Conference Diamond Sponsors:
8 | HR Connection
Analysis of the New Title IX Regulations for Elementary and Secondary Schools
which employed a single investigator model. The previous model gave one appointed coordinator authority n the midst of a pandemic, as to investigate the allegations, and districts prepare for various back determine if a party was responsible to school scenarios, the U.S. for the alleged act(s) using the Department of Education released preponderance of the evidence new Title IX regulations that require standard. Under the new Title IX a complete overhaul of the previous regulations, this process is expanded, process used by elementary and and districts must employ a team of secondary schools. While you employees to implement Title IX navigate the ever-changing backproperly. The new rules place a heavy to-school guidance, you must now emphasis on impartiality and require also implement a brand new Title IX different administrators at each step process. of the process. A full Title IX team Different organizations challenged the now includes a Title IX coordinator, an Investigator, a Decision Maker, new regulations in court, but so far the challenges have been unsuccessful an Informal Resolution Officer, and are not likely to delay the effective and an Appeals Officer. The single investigator model is no longer date of implementation of August permitted. 14, 2020. This change is an aboutface from the Obama era guidance, Each party on the Title IX team is Sadia Ahmed, Attorney
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responsible for a specific and unique part of a case. The following is a breakdown of the different roles of the Title IX team and the corresponding responsibilities: 1. Mandatory Reporters. While not technically a part of the Title IX team, all district teachers and staff have a role to play in the Title IX process. The new legislation essentially turns every employee into a mandatory reporter for Title IX purposes. Any district employee with knowledge of the allegations is sufficient to establish the district is “on notice� of an allegation. The new regulations require every employee to have a basic understanding of, and training on, Title IX. 2. Title IX Coordinator. The Title IX Coordinator is no
9 | August 2020
longer judge, jury, and disciplinarian. This role is now limited, and the Title IX Coordinator’s responsibilities are heavily emphasized at the start of the process. The Title IX Coordinator is the first point of contact for the Respondent and the Complainant for Title IX matters. These crucial early steps determine if the case should be dismissed; if a formal complaint will be filed; if a matter can be resolved informally and, if so, if the parties are willing to resolve the matter informally; and if any supportive measures are needed. The Title IX Coordinator also puts both parties on notice of the allegations and the Title IX process. 3. Investigator. The Investigator has the burden of collecting evidence on behalf of the district. The investigation phase is now a more interactive part of the process, as each party is allowed to submit written questions and review the evidence gathered by the Investigator. Both parties receive written notification of witness interviews. Because the new regulations focus on impartiality, the Investigator is not the individual who will make the ultimate determination of responsibility in the matter. 4. Informal Resolution Officer. The Informal Resolution Officer is a neutral third party who helps facilitate an informal resolution of the Title IX matter if both parties voluntarily agree to the process. This process occurs any time after the formal complaint is filed, but before a decision on responsibility is issued. However, if the allegation involves an employee sexually harassing or assaulting a student, informal resolution is not permitted due to the inherent power differential between an employee and a student. 5. Decision Maker. The Decision Maker is responsible for reviewing all of the Investigator’s information, applying the district’s standard of evidence (preference is the preponderance of the evidence standard to align with other standards applied to discipline and policy investigations), and making an ultimate determination of responsibility, penalties, and remedies. The Decision Maker is required to issue a very specific and detailed ruling, which includes an identification of district policies violated, findings of facts, procedural history, conclusions, rationale for the conclusions, remedies or penalties, rationale for the remedies or penalties, and rights to appeal. 6. Appeals Officer. The Appeals Officer is a party who has no involvement in the Title IX process until an appeal is filed. The regulations provide three basis for appeal: 1) procedural irregularity, 2) conflict of interest or bias, and 3) new evidence. Districts are free to add additional reasons for an appeal.
One of the more contested pieces of the regulations was the requirement for a live hearing and crossexamination. This requirement is now limited to colleges and universities. Elementary and secondary schools were spared and are not required to provide a live hearing or cross-examination. However, do not be fooled that the process does not require some adversarial element. Although a live hearing is not required, the regulations heavily focus on providing due process to the parties involved. Transparency and participation by both parties are built into the process. Accused students and employees enjoy a presumption of innocence, are entitled to advisors of their choice, and the burden of proof falls on the district. The district also bears the burden of gathering the evidence, and each party is entitled to submit questions for witnesses. The district can now select from the original preponderance of the evidence standard or use a higher clear and convincing evidence standard. Whichever standard the district chooses, it must apply the standard uniformly to all Title IX cases. This overhaul of Title IX may seem overwhelming. Here is a basic checklist for districts to utilize to ensure compliance with the new Title IX regulations: • Update the district’s polices, handbooks, etc.; • Distribute the Title IX Coordinator’s contact information; • Revise the grievance process for Title IX; • Identify your Title IX team, and make sure they all receive training; • Establish an informal resolution process; • Determine the procedures for emergency removals; • Develop record-keeping protocols; and • Post training materials to your district website. For more information about Title IX, please visit: https://www2. ed.gov/about/offices/list/ocr/docs/titleix-summary.pdf, or contact us at 214-544-4000. *This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
A FIRM COMMITTED
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Employment Matters
Policy Development
Review and Revision of Handbooks and Related Documents
Hiring, Discipline, and Termination
Abernathy, Roeder, Boyd & Hullett, P.C., traces its roots to 1876, making it one of the oldest law rms in the southwest. We are dedicated to providing our clients with representation of unsurpassed quality and effectiveness. Located in McKinney, Texas, we have grown to be one of the largest law rms in Collin County. Our lawyers act as the general counsel for many area districts, and we use our many years of experience in this eld to provide clients with knowledgeable assistance in all education legal matters. Contact Us 214.544.4000 www.abernathy-law.com
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Welcome New TASPA Members 2020 New TASPA Members (January 1 - August 15)
Lluvia Abreu, Director of HR and Payroll, Rice ISD Lindsie Almquist, Director of Human Capital, Hutto ISD Martina Alvarado, Clerk, Port Arthur ISD Brenda Balderaz, HR Director, ESC Region 1 Sheri Barberee-Taylor, Executive Director of HR, Tyler ISD Abigayle Barton, Asst Superintendent, Pampa ISD Brett Beesley, Asst Superintendent for Personnel, Dumas ISD Tiffany Benavides, Coordinator of HR, Hurst-Euless-Bedford ISD Kristen Breaux, Director of HR and Communications, Huffman ISD Emily Camarena, Campus Principal, Waxahachie ISD Wanda Carillo, HR Specialist, Fabens ISD Ronitta Carridine, Executive Director of HR, Waco ISD Alana Chisum, Director, Allen ISD Elvis Clark, HR Specialist, Cleveland ISD Julie Contreras, Asst Principal, Vista del Futuro Charter School Jennifer Daw, HR Coordinator, Conroe ISD Danette Dearing, Administrative Assistant, Italy ISD David Denning, Director of HR, Grapevine-Colleyville ISD Andrea Dickson, Talent Acquisition Coordinator, Brazosport ISD Lynn DiSanto, Technology Support Manager, Georgetown ISD Sherri Eppler, Certification Officer, Plano ISD James Eric Forestier, Assistant Athletic Director, Harlandale ISD Tony Gardea, Sr Dir for HRS Recruitment and Retention, Galena Park ISD Kristin Gardner, HR Generalist, Hutto ISD Veronica Gomez, HR Investigator, Ysleta ISD Josie Gutierrez, Asst Superintendent of HR, Waco ISD Claudia Hernandez, HR Investigator, Cypress Fairbanks ISD Marcia Herrera, Executive Director of Personnel Services, Sheldon ISD Brandi Hosack, Executive Director of Human Resourses, Austin ISD Angie Inklebarger, Executive Director of HR, Lubbock-Cooper ISD Paula Jackson, Director HR, La Porte ISD Trish Jarrott, Director of HCMS Strategies, TXCEE Sarah Johnson, HR Coordinator, Keller ISD Jason Johnston, Asst Superintendent for HR, Allen ISD Patrick Jones, Director of Leadership Development, Midland ISD Robert Knight, HR/Special Programs Director, Hondo ISD Rhonda Kolajajck, HR Specialist, Huffman ISD Veronica Kunschik, Ex Dir Policy Research Program Eval, Crowley ISD Jennifer Martinez, Receptionist/Substitute Liaison, Lancaster ISD Rose Ann Martinez, Athletic Director, Harlandale ISD Joel McClain, HR Director, Lake Worth ISD Sarah McMahan, Assoc Prof & Director, Texas Woman’s University Kent Messer, Director of HR, Lovejoy ISD Ted Moore, Retired Lani Munguia, HR Director, Ector County ISD Brooke Parker, HR Secretary, Goose Creek CISD Cheryl Perez, Benefits Specialist, Lovejoy ISD Melisa Perez, HR Specialist, Abilene ISD Gracie Pizzini, Executive Director of HR, Alice ISD Allison Reynolds, Director of HR, Comal ISD Beckie Rosenbaum, HR Assistant, Hillsboro ISD Melissa Saldana, Employee Benefits Specialist, Calallen ISD Michelle Schwind, Superintendent, Italy ISD David Smith, HR Coordinator, Birdville ISD Will Smith, HR Director, Lubbock ISD Juan Solis, Director of HR and Student Services, Terrell ISD Daniel Spikes, Asst Superintendent of Admin Service, Lufkin ISD Mark Strand, Executive Director of HR, Arlington ISD Bobbi Supak, Executive Director, Comal ISD Jill Talamantez, HR Director, Connally ISD Joann Taylor, Chief TxCEE Officer, TXCEE Ann Thompson, Secretary to the Superintendent, Greenwood ISD Maricela Torres, Benefits and Leaves Coordinator, Red Oak ISD Henry Tracy, Asst Superintendent, Mabank ISD Albert Valencia, HR Director, Ector County ISD Suzi Wallace, Director of Human Resources, Del Valle ISD John White, High School Principal, Lumberton ISD Casey Whittle, Asst Superintendent of HR, Wylie ISD Joshua Williams, Asst Superintendent, Sulphur Springs ISD Reginald Williams, HR Coordinator, Irving ISD
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12 | HR Connection
Get To Know Your TASPA Board JOHJANIA NÁJERA TASPA IMMEDIATE PAST PRESIDENT
Johjania Nájera is currently in her 28th year of public education service in both large and small school districts in Texas. Currently, she in her 11th year as Executive Director of Human Resources in Keller ISD. Prior to her work in Human Resources, Johjania held leadership roles as an Assistant Principal at the elementary and high school levels and Principal at the primary and intermediate levels. She also has four years of classroom teaching experience as a bilingual elementary teacher. Johjania holds a Bachelor of Arts in Public Justice from St. Mary’s University and a Masters of Education in Educational Leadership from Stephen F. Austin State University. In her present role, she assists her district in meeting the employment needs of over 5,000 employees including lending support and coaching principals through employee issues. Johjania serves the Texas Association of School Personnel Administrators as the Immediate Past President and is a Past President of the North Central Texas Association of School Personnel Administrators (NCTASPA), where she lead the organization by providing opportunities for professional growth through monthly meetings focusing on pressing current educational issues. NCTASPA covers TASPA District IV (Education Service Centers for Regions 7, 8, 10 and 11). One of her most proud accomplishments while leading NCTASPA was the initiation of donating to the TASPA Scholarship Fund. NCTASPA continues to support the TASPA Scholarship Fund. She is also an active member and supporter of the American Association of School Personnel Administrators (AASPA). Johjania receives her strongest support from her husband of 29 years, Paul Nájera who has served students in several publicschool districts in Texas as a Band Director for over 28 years. Her oldest son, Adiel, is currently an M.M. candidate and graduate teaching assistant for the UCONN Marching Band at the University of Connecticut and Johniel is starting his first year at Baylor University majoring in Music Education. In talking about challenges Human Resources professionals in public schools are facing today, Johjania talked about navigating through the unprecedented state of the pandemic: “The pandemic has been impacting the world for over half a year now in ways we could never imagined. We are having to truly rethink how we approach our daily work and many times, having to rebuild or restructure even the soundest and most effective processes we had in place. Most importantly keeping in mind as we rebuild and restructure that our people, including their fears, are not just processes – they are our Human Capital and without them we cannot continue to serve our future. The best advise I can share with new Human Resources (HR) administrators is to first know your ‘why’. I hope that choosing HR is part of that ‘why’ because this profession is a commitment to truly serve others. Serving another human being, focusing on their needs so they may serve those in front of them is a privilege that comes with great responsibility and yes, a lot of work! Be open to new learning and share your knowledge, give grace to others often, always be kind and patient. Last but so important, connect often. Connect with others HR professionals around you and across the state! Connect and be active with TASPA – they are our strongest supporter and advocate. When you LOVE what you do, you will have fun and laugh often even during the toughest times.”
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CRAIG LAHRMAN TASPA VI REPRESENTATIVE
Mr. Craig Lahrman, the current Director of Support Personnel, began his professional career in 1994 as a High School Health/PE teacher and Athletic Trainer at Del Valle High School in the Ysleta Independent School District. He served as a High School Assistant Principal and Alternative School Principal for six years before being appointed to the Director of Secondary Personnel with YISD in 2010. He has served on the TASPA scholarship committee and became the District IV Representative in 2018. Mr. Lahrman earned his Bachelor’s degree from DePauw University, Master’s Degree from Indiana University and his Mid-Management from New Mexico State University. “The biggest challenges facing School HR administrators today are juggling workforce size during the COVID pandemic. School districts throughout the United States are struggling with face-to-face and virtual learning models as they assess school enrollment uncertainty. HR administrators are currently facing very difficult decisions regarding vacancies and staff reassignments during this crisis. The best piece of advice I can give to a new HR administrator would center on the need to have an answer for every HR question on the first day of the job. Many HR administrators come from campus administration and are experts in campus leadership. The expertise gained as a campus leader takes time. The expertise gained in HR also takes time. Become a student of human resources so that you can make decisions and give direction based upon policy and law. There is no shame in saying that you do not have a definitive answer at that moment and then follow-up with the correct information and guidance.”
CHRISTIE VOLMER TASPA V REPRESENTATIVE
Christie Volmer is starting her 28th year in education. She was a classroom teacher for 15 years and has 12 years experience in Human Resources. Christie is the Chief Human Resource Officer for Hereford ISD. She has been on the TASPA Executive Board and is currently serving as a District V representative. “The biggest challenges school HR administrators are facing today is COVID-19. We are trying to reopen schools safely for staff and students. We are having discussions with staff about COVID issues. We have staff that are fearful of COVID, experiencing loved ones with COVID or sickness themselves. We are trying to help staff stay calm with all the uncertainty of COVID. This is a very trying time in education for staff, students and parents. Our number one goal is to keep everyone safe within our schools. We will continue to work through these COVID issues as we move forward for the 2020-2021 school year. New to HR - Human Resource directors are vital in supporting staff within our districts. This is a challenging time to enter Human Resources but it’s also a time of learning for all of us. We are on a new playing field and learning together in our new world of uncertainty. Human Resources can be difficult but find someone in your area to help support you. TASPA is a huge resource and our TASPA staff can help you find someone close by that you can reach out to. We are all in this together, never feel bad for asking for advice on HR issues.”
14 | HR Connection
Another Back to School Checklist - Title IX Style How Your District Can Prepare
REVIEW AND REVISE PROCEDURES TO RESPOND TO ALLEGATION OF MISCONDUCT
The new regulations provide a number of requirements that any school’s grievance process for sexual harassment must meet to be compliant with Title IX:
sure everything is in place to stay in compliance with the federal regulations. David Holmes, Associate Attorney
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As a wholly unusual summer comes to a close, school districts are facing an unprecedented degree of difficulty in getting the 2020-21 school year off to a solid start. Besides the pandemic-sized elephant in the room, there are also the looming requirements of new federal regulations under Title IX set to go into effect at virtually the same time that students are slated to return to school. As you likely know, on May 6, 2020, the U.S. Department of Education announced new regulations under Title IX set to go into effect August 14, 2020. The Department claims the new regulations strengthen protections for survivors while also bolstering due process standards for all parties in campus proceedings. For the first time, the regulations officially define sexual harassment—including sexual assault—as impermissible sex discrimination. The new regulations also place additional procedural and evidentiary burdens upon schools to ensure they meet federal expectations in Title IX investigations and adjudications. This article provides a back-toschool roadmap for districts to make
DESIGNATE AND PROVIDE NOTICE FOR THE TITLE IX COORDINATOR
Under the new regulations, schools are now required to designate a specific employee as the coordinator of efforts to comply with Title IX. This employee must hold the title of and be referred to as the “Title IX Coordinator,” and must be given authority to initiate and coordinate the school’s response to a report of sexual misconduct. Districts are required to notify potential reporters (including employees, students, parents, and unions/ other professional organizations) of the name/title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator, and any person may report sex discrimination to the Title IX Coordinator at any time (including during non-business hours) in person, by mail, by telephone, by email, or by any other means that results in the Title IX Coordinator receiving the report. Because the Title IX Coordinator is the centralized recipient of all Title IX offense reports and the field general for the district’s response, it is critical that this individual be decided upon and announced/ publicized as soon as possible.
1. Equal Access/Treatment Complainants and respondents must be treated equitably by providing remedies to a complainant when a respondent has been found responsible for sexual harassment and by following a compliant grievance process before taking any disciplinary action against a respondent. 2. Objective Evaluation – all evidence, both inculpatory and exculpatory, must be objectively reviewed and credibility of a person cannot be based on their status as complainant, respondent, or witness. 3. Bias Free Training - The Title IX Coordinator and other staff involved in the Title IX response must be free of bias, not have a conflict of interest, and must receive training on Title IX regulations, definitions, and procedures. 4. Presumption of Innocence – The process must operate assuming the respondent is not responsible for the alleged conduct until a final determination is made. 5. Reasonable Time Frames – The process must proceed within a reasonably prompt time frame, including any informal resolution process or the filing and resolving of appeals. Temporary delay is permitted for good cause with written notice to the complainant and respondent of the delay and the reason. 6. Description of Possible Outcomes – the process must include the provision of a description of the range of possible disciplinary sanctions and remedies after a final determination. 7. Standard of Evidence – The process must state whether the standard of evidence is the clear and convincing
15 | August 2020
or preponderance of the evidence standard. The institution may choose either standard but must apply the same standard for all formal complaints. 8. Appeal – Must include procedures and bases for either party to appeal. 9. Supportive Measures – Must describe the range of supportive measures (meaning “non-disciplinary, nonpunitive individualized services”) available to the parties. 10. Protection of Privilege – the process may not require, allow, or otherwise use evidence that requires the disclosure of information protected by a legally recognized privilege, unless the holder has waived the privilege. The new regulations also provide a number of requirements specifically applicable to a school’s investigation of a claim of Title IX violations: 1. Place the burden of proof and responsibility to gather evidence on the institution and not on the parties; 2. Present an equal opportunity for parties to present witnesses and other evidence; 3. Permit parties to discuss allegations under investigation and gather relevant evidence; 4. Provide parties with equal opportunity to have others present during any grievance proceeding; 5. Provide written notice of all hearings, interviews, or other meetings to any involved party with sufficient time for the party to prepare; 6. Provide equal opportunity to both parties to inspect and review evidence obtained as part of the investigation (including evidence which the institution does not intent to rely on), and send to each party the evidence at least 10 days before completion of the investigative report 7. Create investigative report that summarizes relevant evidence and send a copy of the report to each side 10 days prior to any hearing or other time of determination regarding responsibility to permit them an opportunity to send a written response. As soon as reasonably possible, districts must craft a procedure to respond to and investigate allegations of sexual misconduct that sufficiently meets the stated requirements, so that the district can be in compliance from the first report received after the regulations go into effect. REVISE/ADOPT NEW DISTRICT POLICY
District policies may require revisions in order to remain compliant with Title IX. Board Policies DGBA, DIA, FFF, FFG, FFH, FNG, and GF stand out as particularly ripe for review for potential revision to comply with the new regulations. Consult with your district’s attorney to determine the full scope of changes needed to your district’s policies. DETERMINE AND PROCURE NECESSARY TRAINING
Compliance with the new regulations will certainly require additional training for most if not all school employees – among the new requirements is a mandate that a report of potential sexual harassment to any K-12 school district employee puts the district on actual notice of the harassment
and triggers the district’s obligation to respond. Accordingly, districts will need to ensure that all employees are sufficiently trained to recognize a report of potential sexual harassment and promptly make a subsequent report to the necessary administrators to allow the district to respond. Additionally, any staff involved in a district’s Title IX response are specifically required to undergo bias-free training on all Title IX regulations, definitions, and procedures. It should be noted that multiple lawsuits have been filed against the Department of Education seeking injunctive relief to block the new rules from taking effect. Opponents include advocacy groups for students’ and women’s rights claiming the rules deter survivors from pursuing cases against their abusers, education interest groups who say the compliance date is unreasonable as schools focus on preparations to reopen during the coronavirus pandemic, and states who insist the regulations conflict with state laws and put state education systems at an untoward financial risk. However, until a binding ruling is issued in any of those cases, schools will need to prepare accordingly. Following these guidelines will make sure your district is ready and prepared from day one.
David Holmes is an Associate Attorney with Walsh Gallegos Treviño & Kyle , P.C. He can be reached at dholmes@wabsa.com.
16 | HR Connection
Could 2020 be Your Growth Year? And how applicable is this principle in our lives right now? With no pressure, we are not forced to grow; and can fall into complacency. And if we are not developing, we are doing the opposite. TOP 3 WAYS OF CONTINUAL GROWTH - LPR
By: Eric Papp
When will the coronavirus end? I’m looking forward to 2021. This has been a tough year. You’ve probably said or thought about one of these statements. And it is common to talk about how challenging this year has been. From juggling working from home and playing the role of teacher/babysitter to worrying about your job’s future, there is no doubt; everyone has been impacted. But what if we were to reframe this year? What if we were to ask ourselves a question that could give us hope. A question to reflect on before our thoughts become dominated with the anxieties of daily living. HOW WILL 2020 BE YOUR GROWTH YEAR?
Think about it. We have a choice. We can use these unusual circumstances to our advantage. Take Diamonds, for instance. Diamonds are some of the most beautiful earthly creations we have. The word diamond originates from the Greek word “Adamas,” meaning unconquerable and unbreakable. Marketing has told us that Diamonds are forever. And every woman needs a diamond. Diamonds are not only beautiful, rare, and expensive; they are also aspirational. Teams and businesses have used them in their names, like, Diamond View Studios: one of the top video production companies in the United States. Many people want to own diamonds, yet few know what it took to create them. I’m not a geologist, but I was fascinated to find out that they are formed under pressure. Intense heat and pressure help create it, and this is a process, not an overnight event. Pressure builds the diamond. • No pressure. No beauty. • No pressure. No growth. • No pressure. No success.
1. Learn: Keep a beginner’s mind. I used to practice the martial art of Judo. And one thing that impressed me was how we use to have people two and three times my age still practicing. This beginner’s mindset can be traced back to the sport’s founder, Jigoro Kano, who insisted that he be buried in his white belt to demonstrate that he was a learner and not a master. What is something you want to learn? (i.e., chess, gardening, writing) 2. Play: How can you incorporate fun at work? Now more than ever, we need to create fun. Most of us are stressed out, trying to keep it all together. And working from a place of stress causes misguided emotional energy. Fish: A proven way to boost morale and improve results, is a business book that tells a story of how a manager could turn a toxic department to one of the most desirable work floors by following the fun philosophies of the Seattle fish market. What is one thing you can do to create fun for yourself and others while working? 3. Relax: Deep Breaths You build muscles by applying both tension and relaxation. Both science and increased attention are talking about the importance of rest days when working towards optimal performance. Always having my phone on or near me, doesn’t help me relax. Morning walks, prayer, and time with friends help me stay recharged. Take care of yourself. There is a reason why we are told to put on our oxygen mask first. You can’t give from an empty well. WHAT IS ONE THING YOU CAN DO TO HELP YOU RELAX?
This year has brought about unprecedented change and disruption to our daily life. And the uncertainty of not knowing when it will end is tiresome. But we now have a motto. A belief that will give us hope towards a bigger future while remaining in the present. So the next time someone is talking about how bad this year has been, tell them...2020 is my Growth Year! Time Management Speaker Eric Papp is the founder of Agape Leadership, LLC. This intellectual capital company helps leaders and sales professionals apply “better thinking vs. more effort.” He is the author of the Priority Planner and Leadership By Choice. To receive Eric’s Weekly Strategy Sheet visit www.EricPapp.com
18 | HR Connection
TASPA Summer Conference Recap
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ASPA was pleased to host our first virtual conference July 15-17. The Summer Law and Summer Conferences were a huge success. We had 220 attendees for the Law Conference and 187 attend the Summer Conference. We were also able to provide attendees with video recordings of each of the sessions.
During the 3 day combined conferences, TASPA was able to host 5 general sessions and 33 breakout sessions. We also provided opportunities for all 6 TASPA districts to hold meetings. We had over 35 speakers that included law firms: Eichelbaum Wardell Hansen Powell & Mehl, P.C., Walsh Gallegos, Trevino, Russo & Kyle, P.C. & Abernathy, Roeder, Boyd & Hullett, P.C. We also had presentations from TEA, TASB HR Services, and many others. Thank you to speakers, TASPA board members, TASPA staff and TASPA members to help make this conference a huge success! We are especially grateful to our sponsors and exhibitors who hosted a booth in our Virtual Exhibit Hall. These included, AASPA, Kelly Educational Services, PSST, Eichelbaum Wardell Hansen Powell & Mehl, P.C., and First Public. As well as our Diamond Sponsors: ESS, Frontline, iteachTEXAS, PowerSchool, and Texas Teachers. With their support we are able to provide YOU, our TASPA members, with continued services and professional development. We hope you will join us for our Virtual Fall Support Staff Conference October 5-6!
19 | August 2020
U.S. Department Of Labor Issues Guidance Clarifying Employers’ Obligations to Track Compensable Hours for Teleworkers
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ith telework arrangements expanding in response to the coronavirus pandemic, today the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued today responds directly to needs created by new telework or remote work arrangements that arose in response to COVID-19, it also applies to all telework or remote work arrangements.
rules in 1961. These arrangements have expanded significantly in response to the COVID-19 pandemic. Accordingly, we believe that it is appropriate to clarify this issue. Read WHD’s Field Assistance Bulletin 2020-5 on this directive. The Wage and Hour Division provides additional compliance assistance resources on common issues workers and employers face when responding to COVID-19 and its effects on wages and hours worked under the Fair Labor Standards Act, job-protected leave under the Family and Medical Leave Act, and paid sick and expanded family and medical leave under the Families First Coronavirus Response Act at www.dol.gov/agencies/whd/pandemic.
Employees working more flexible schedules to accommodate For more information about the laws enforced by the Wage and Hour Division, please visit www.dol.gov/agencies/whd the interruptions of life in a pandemic can prompt questions or call 1-866-4US-WAGE. Download WHD’s timesheet app. for employers. Today’s guidance reaffirms that an employer must pay its employees for all hours worked, including work not requested but allowed and work performed at home. If the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked. Confusion over when an employer “has reason to believe that work is being performed” may be exacerbated by the increasing frequency of telework and remote work arrangements since the Department last issued interpretive
www.edlaw.com | (800) 488-9045
OCTOBER 20 & 21, 2020 We are virtual this year! A Title IX conference specifically designed for K-12 administrators!
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Join us for our sixth annual forum for Title IX coordinators. This conference is designed to provide realistic support to school administrators in order to protect both their students and their districts Harit, sent. Ihillupta sequam quid quo ex inex matters suchellacerum as promoting gender equity in athletics and providing an environment free from eate etum quisquid estibus nonsequassit utatur, ute dit harunt es aut gender-based harassment. undandi volorum quunte ped.
DAY 1 - TITLE IX BOOT CAMP 1:00 - 5:00 pm Half-day boot camp for new Title IX administrators or a refresher for basic skills.
DAY 2 - TITLE IX ADMINISTRATOR CONFERENCE 9:00 am - 4:00 pm Full-day conference for Title IX administrators.
WHO SHOULD ATTEND This conference is appropriate for Title IX Coordinators, Superintendents, Assistant Superintendents, Campus Administrators, Athletic Directors, Coaches, School Board Trustees, and Teachers. Co-sponsored by the Texas Association of School Personnel Administrators
Visit www.edlaw.com to register online.
21 | August 2020
