| (a) The APS investigator recommends a classification for each allegation as follows: (1) Class I Abuse, if the allegation involves: (A) physical abuse which caused or may have caused serious physical injury; or (B) sexual abuse. (2) Class II Abuse, if the allegation involves: (A) physical abuse which caused or may have caused non-serious physical injury; or (B) exploitation. (3) Class III Abuse, if the allegation involves verbal/emotional abuse. (4) Neglect, if the allegation involves neglect. (b) Under no circumstances may the head of the facility change a recommended classification to a lower classification (e.g., Class I to Class II). However, the head of the facility may change a recommended classification to a higher classification (e.g., Class II to Class I) in accordance with the evidence and subsection (a) of this section. (c) The head of the facility is responsible for taking prompt and proper disciplinary action when an allegation involving an employee/agent is confirmed. (1) Disciplinary action against an employee is based on criteria including, but not limited to: (A) the seriousness of the abuse, neglect, and/or exploitation; (B) the circumstances surrounding the incident; (C) the employee's work record; and (D) repeat violations and the length of time between violations. (2) When an allegation has been confirmed the head of the facility takes the following disciplinary action. (A) Class I Abuse. The employee/agent is dismissed. (B) Class II Abuse. (i) The employee is placed on suspension for up to 10 days, demoted, or dismissed. If the employee is exempt under the provisions of the Fair Labor Standards Act (FLSA), the suspension shall be in compliance with relevant provisions of the FLSA and current TDMHMR personnel policies. (ii) The agent is dismissed. (C) Class III Abuse or Neglect. (i) The employee receives a written reprimand which becomes a part of the employee's personnel file, or the employee is placed on suspension for up to 10 days, demoted, or dismissed. If the employee is exempt under the provisions of the FLSA the suspension shall be in compliance with relevant provisions of the FLSA and current TDMHMR personnel policies. (ii) The agent is dismissed. (d) When disciplinary action is taken against an employee based on confirmed abuse or neglect, the head of a facility notifies the employee in writing of the disciplinary action taken and any right to a grievance hearing the employee may have under TDMHMR's internal policies and procedures relating to employee grievances. If the employee files a grievance in response to disciplinary action resulting from confirmed abuse or neglect, the head of the facility, upon the employee's written request, provides the employee with a copy of or access to the investigative report. Before receiving or inspecting the report, the employee is required to complete a document acknowledging that the report's content must be kept confidential. Additional documentary evidence, if any, may be accessed by the employee in accordance with procedures outlined in the Human Resources Operating Instruction 407-12, §18 (relating to Employee Grievances). (e) When disciplinary action is taken against an agent as a result of confirmed abuse or neglect, the head of a facility notifies the agent in writing of the disciplinary action taken. (f) The head of the facility ensures the victim, guardian, or primary contact, or parent if the victim is a child is promptly notified of: (1) the disciplinary action taken against the employee/agent; (2) the employee's right to request a grievance hearing to dispute the disciplinary action; and (3) an offer to inform the victim, guardian, primary contact, or parent if the employee files a grievance if such information is requested. (g) If Advocacy, Inc. informs the head of the facility that it represents the victim of confirmed Class I abuse, the head of the facility will notify Advocacy, Inc. if the dismissed employee requests a grievance hearing. (h) If requested by the head of the facility, the APS investigator who conducted the investigation shall provide consultation and testimony at the grievance hearing. (i) The head of the facility provides the APS director with a copy of hearings officers' decisions of employee grievances that involve TDPRS investigations. |
