In this manual, references to DARS now refer to TWC. The manual includes both links to public content and links to content available only to staff.

Chapter 3: Incidents, Safety, and Dismissal

3.1 Purpose

This policy establishes guidelines for the enforcement of student behaviors and responsibilities at CCRC to ensure an atmosphere for learning. This policy establishes guidelines for CCRC to align with BPM, Chapter 22: Health and Safety Program and BPM, Chapter 36: Incident Reporting.

3.2 Standards of Conduct

3.2.1 Policy

DARS ensures that employees, students, and visitors at CCRC act in accordance with Texas statutes, rules, and regulations. Employees, students, and visitors are prohibited from having any weapons, alcoholic or reduced-alcohol beverages, or illegal drugs, including synthetic marijuana (K-2 cigarettes), on state property, which includes the CCRC building, surrounding premises, and all state-owned vehicles.

CCRC residential rooms are state property. Although managers and staff members respect the residential rooms as private areas during the students' stay at CCRC, managers may authorize a room search if they believe illegal activities are occurring. If contraband is found in the facility or on surrounding state property, the student may be dismissed from the residence hall, training program, or both. If the student is found participating in illegal or prohibited activities in the facility or on surrounding state property, the student may be dismissed from the residence hall, training program, or both.

3.2.2 Responsibilities

Counseling Staff Members

Counseling staff members must

Supervisors and Managers

Supervisors and managers must be available to talk with students about their training progress and concerns.

3.3 Room Search

3.3.1 Definitions

Contraband—items that are illegal to possess, sell, or give to others, or are not illegal but are prohibited from CCRC.

3.3.2 Policy

When staff members suspect that a student has contraband in his or her room, staff members are allowed to conduct a room search for specific, institutionally vital purposes. Staff members receive the approval by their supervisor or manager for the room search, which is conducted by two staff members.

In most cases, students are notified of a room search and are present during a search, but staff members can conduct a search without notification. Students must not interfere with a room search. If contraband is found, the Center Leadership Team (CLT) APD must determine whether to contact the police. Staff members must complete an HHS-4740 Security Incident Report in accordance with BPM, Chapter 36: Incident Reporting.

3.3.3 Responsibilities

Staff Members

Staff members must

Center Leadership Team

The CLT must

Center Director

The center director must

3.3.4 Procedures

Staff members use the following procedure to search a room:

  1. Staff members are told, or they witness, that a student or other individual may have contraband in a residential room.
  2. Staff members notify the CLT and assigned counselor.
  3. The CLT approves, organizes, and oversees a room search.
  4. Two CCRC staff members conduct a room search for the suspected items.
  5. Staff members complete an HHS-4740 Security Incident Report within 24 hours of completing the search, and forward it by email to the CCRC distribution list, which includes CLT members.
  6. CLT members review and forward the report to the center director.
  7. The center director or designee reviews the report and forwards it by email to
  8. IMT members review all findings, including any police report, to make recommendations for an appropriate response.
  9. The center director determines whether the reported incident requires a police response.
  10. The center director determines whether the incident is grounds for the student's dismissal from the CCRC residence hall, training program, or both.

3.4 Relationships

CCRC students continue to be DARS consumers after they leave the center until the consumer’s case is closed by his or her field VRC; therefore, all CCRC staff members must continue to follow DARS policy regarding ethics and personal relationships, as defined in BPM, Chapter 1: Code of Ethics and Standards of Conduct, 1.3: Code of Ethics and 1.5: Personal Relationships.

3.5 Safety

3.5.1 Definitions

CCRC Risk Manager—the person responsible for developing loss prevention and control programs and techniques to eliminate or reduce the risk of workplace injury or illness and to support HHSC ERM programs. The CCRC risk manager is a member of the Incident Management Team.

HHSC Enterprise Risk Management and Safety (ERM)—the HHSC office responsible for the development, implementation, coordination, and continual evaluation of the risk management, safety, insurance, fire safety, workers' compensation, and facility inspection programs designed to mitigate and manage losses incurred by HHS Enterprise agencies.

Incident—an unusual or unexpected event that may compromise the health or safety of people or the security of state property. Examples of incidents include, but are not limited to

Injury—bodily harm or damage to employees and nonemployees incurred during the course and scope of DARS day-to-day business, (includes occupational illnesses and diseases).

Nonemployee—a person who is not employed by an HHS agency, including students, visitors, business associates, and family members.

3.5.2 Policy

DARS supports a safe and secure environment for employees, students, and visitors conducting business at CCRC. DARS ensures that incidents are reported in accordance with Health and Human Services requirements and DARS policies found in BPM, Chapter 22: Health and Safety Program and BPM, Chapter 36: Incident Reporting.

Employees, students, and others in the CCRC building must follow the emergency procedures in the Occupant Emergency Plan to respond to these threats, alarms, or emergencies:

Failure to follow the emergency procedures either in a practice drill or a real emergency may be grounds for student dismissal. Students receive information on the CCRC safety and security policies and drills during their orientation. The CCRC facility is a state building; therefore, under the Texas Tort Claims Act, the State of Texas may be liable in any accident that occurs on state premises or involves state equipment. These incidents or accidents must be reported within 24 hours of occurrence on an HHS-4740 Security Incident Report. If injuries are sustained as a result of the incident or accident, an Accident/Incident Report must be filled out in the Centralized Accounting and Payroll Personnel System, or CAPPS.

Automobile accidents that occur in a state vehicle, rental vehicle, or personal vehicle while the driver is conducting state business must be reported on the Accident/Incident Report in the CAPPS system. Electronic copies of both the CAPPS Accident/Incident Report and the HHS-4740 Security Incident Report are submitted to the DARS Incident Report mailbox for review by the Incident Management Team. This report must be made even if the accident does not result in an injury.

Health emergencies that occur at the CCRC facility or in another location while on a CCRC activity or training program must also be reported on the HHS-4740 Security Incident Report. Immediately call 9-1-1, CCRC Security at extension 0453, and the HHSC first responders at (512) 377-0399 for assistance, if the student or other individual affected

Staff members must consider a seizure an emergency and call 911, if any of the following occurs:

3.5.3 Responsibilities

Risk Manager

The risk manager must

Staff Members

Staff members must

Supervisors

Supervisors must

Center Leadership Team

The CLT must

Center Director

The center director must

3.5.4 Procedures

As soon as staff members, students, or visitors are aware that an emergency situation exists, staff members use the following procedure:

  1. Staff members activate the emergency evacuation process.
  2. Staff members follow the emergency procedures found in the Occupant Emergency Plan for the specific emergency.
  3. Staff members provide immediate first aid.
  4. Staff members contact professional first responders (at 9-1-1) if the incident is an immediate threat to health or safety of people or property. Staff members notify the CLT and assigned counselor of the emergency situation, actions taken, and current status.
  5. Within 24 hours, staff members complete an HHS-4740 Security Incident Report and forward it by email to the CCRC distribution list.
  6. CLT members review and forward the report to the center director.
  7. The center director or designee reviews the report and forwards it by email to
  8. IMT members review all findings, including any police report, to make recommendations for an appropriate response.

If injuries are sustained in conjunction with an alleged incident, the employee or manager must also enter an Accident/Incident Report in CAPPS and send an electronic copy to the DARS Incident Report mailbox and CCRC Distribution List.

3.6 Allegations of Abuse, Neglect, Exploitation, and Harassment

3.6.1 Definitions

Abuse—intentionally, knowingly, or recklessly causing either emotional harm, physical injury, or death. Abuse includes both physical and sexual abuse.

After Hours—after normal business hours, starting at 5:00 p.m. Monday–Friday and all hours on weekends, identified state holidays, and center shutdown days.

Assault—an action by which a person intentionally, knowingly, or recklessly causes or threatens to cause bodily injury to another person.

Bodily Injury —physical harm to a person.

Child—a person from birth to 18 years of age who is not married or otherwise legally emancipated.

DFPS—Department of Family and Protective Services.

Exploitation—improperly or illegally using another, or another's resources, for monetary or personal benefit or gain.

Neglect—a negligent act or omission, including failure to comply with an Individualized Plan for Employment (IPE), that causes or may cause substantial emotional harm, physical injury, or death.

Provider—a person who is not a DARS employee, or a company, that

Sexual Abuse—any involuntary or nonconsensual sexual conduct that constitutes indecent exposure or any form of sexual assault.

Sexual Assault—an action by which one person intentionally or knowingly causes the penetration or touching of another person's sexual parts without the effective consent of the other person.

Sexual Harassment—unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

3.6.2 Policy

Texas is a mandatory reporting state; therefore, a person must make a report to the appropriate reporting agency in accordance with DARS Business Procedures Manual 36.7 State Reporting Requirements if he or she has cause to believe that a student who is disabled is or has been abused, neglected, or exploited by a CCRC staff member or by someone who provides care for the student or has an ongoing relationship with the student.

DARS ensures that CCRC employees, students, and visitors abide by the policies regarding allegations of physical and sexual assault, which are violations of state law and must be reported to the police.

DARS responds to student allegations regarding abuse, neglect, or exploitation in accordance with Texas Human Resources Code, Chapter 48.

Allegations of sexual harassment are violations of DARS and HHSC policies and may result in the filing of a complaint with the Civil Rights Office of HHSC.

3.6.3 Responsibilities

Staff Members

Staff members must

Supervisors

Supervisors must

Center Leadership Team

CLT members must

Center Director

Center director must

Risk Manager

The risk manager must

3.6.4 Procedures

Allegations Involving a Family Member or Caregiver as Alleged Perpetrator

As soon as staff members are aware that a student or any other individual in the facility is an alleged victim of abuse, neglect, exploitation, sexual or physical assault, harassment, or threats by a family member or caregiver, they must use the following procedure:

  1. Staff members assist the alleged victim in contacting the police to report the allegation, if the allegations rise to criminal conduct, including sexual assault.
  2. Staff members immediately report the incident to DFPS by
  3. Staff members notify the CLT and assigned counselor that the allegation was reported.
  4. Staff members document the entities that were contacted and the reference number provided by DFPS when completing the HHS-4740 Security Incident Report.
  5. Within 24 hours, staff members complete an HHS-4740 Security Incident Report and forward it by email to the CCRC distribution list.
  6. CLT members review and forward the report to the center director.
  7. Center director or designee reviews the report and forwards it by email to
  8. IMT members review all findings, including any police report, to make recommendations for appropriate response.

Allegations Involving a DARS Employee as Alleged Perpetrator

As soon as staff members are aware that a student or any other individual in the facility is an alleged victim of abuse, neglect, exploitation, sexual or physical assault, harassment, or threats by a DARS employee, they use the following procedure:

  1. Staff members take necessary actions to keep students safe.
  2. Staff members report information to the following authorities:
  3. The CLT or supervisor consults with HHS Employee Relations Unit for next steps.
  4. The CLT or supervisor consults with DARS Legal Services, as appropriate.
  5. The center director notifies the CLT and assigned counselor.
  6. The CLT notifies the professional licensing agency of any licensed professional alleged to have been involved.
  7. Within 24 hours, staff members complete an HHS-4740 Security Incident Report and forward it by email to the CCRC distribution list.
  8. CLT members review and forward the report to the center director.
  9. The center director or designee reviews the report and forwards it by email to
  10. IMT members review all findings, including any police report, to make recommendations for appropriate response.

If injuries are sustained in conjunction with an alleged incident, the employee or manager must also enter an Accident/Incident Report in CAPPS and send an electronic copy to the DARS Incident Report mailbox and CCRC distribution list.

Allegations Involving a DARS Service Provider as Alleged Perpetrator

As soon as staff members are aware that a student or any other individual in the facility is an alleged victim of abuse, neglect, exploitation, sexual or physical assault, harassment, or threats by a DARS service provider, they use the following procedure:

  1. Staff members take necessary actions to keep students safe.
  2. Staff members contact the police, in the event of alleged abuse, neglect, exploitation, or criminal conduct.
  3. Staff members notify their immediate supervisor.
  4. The supervisor or manager consults with DARS Legal Services.
  5. The employee or manager completes DARS2863, Vendor Performance Report within two working days and emails it to Consumer Procurement Services.
  6. Staff members notify the CLT and assigned counselor.
  7. CLT members notify the professional licensing agency of any licensed professional alleged to have been involved.
  8. Within 24 hours, staff members complete an HHS-4740 Security Incident Report and forward it by email to the CCRC distribution list.
  9. CLT members review and forward the report to the center director.
  10. The center director or designee reviews the report and forwards it by email to
  11. IMT members review all findings, including any police report, to make recommendations for appropriate response.
  12. The center director determines if the reported incident and police response are grounds for student dismissal from the CCRC residence hall, training program, or both.

If injuries are sustained in conjunction with an alleged incident, the employee or manager must also enter an Accident/Incident Report in CAPPS and send an electronic copy to the DARS Incident Report mailbox and CCRC distribution list.

Allegations Involving Another Student as Alleged Perpetrator

As soon as staff members are aware that a student or any other individual in the facility is an alleged victim of abuse, neglect, exploitation, sexual or physical assault, harassment, or threats by a student, they must use the following procedure:

  1. Staff members listen to witness descriptions of the situation and obtain the facts.
  2. Staff members assist the alleged victim in calling the police and reporting the incident, if the incident rises to criminal conduct.
  3. Staff members take necessary actions to keep students safe.
  4. Staff members provide immediate first aid and call 9-1-1 if there are injuries.
  5. Staff members notify their immediate supervisor.
  6. Staff members notify the CLT and assigned counselor.
  7. Within 24 hours, staff members complete an HHS-4740 Security Incident Report and forward it by email to the CCRC distribution list.
  8. CLT members review and forward the report to the center director.
  9. The center director or designee reviews the report and forwards it by email to
  10. IMT members review all findings, including any police report, to make recommendations for appropriate response.
  11. The center director determines whether the reported incident and the need for a police response are grounds for student dismissal from the CCRC residence hall, training program, or both.

3.7 Dismissal

3.7.1 Policy

CCRC staff members guide and direct students to follow the policies and expectations outlined in this manual to succeed in the program.

The center director or designee has the authority to dismiss a student from services. Students can be dismissed for a variety of reasons including violating CCRC and DARS policies, student expectations, attendance rules, and training expectations. Violations that can result in automatic dismissals include a student's having a gun, alcohol, or illegal drugs on CCRC property or being arrested for sexual or physical assault while residing at CCRC. When services for a student are reduced, suspended, or terminated, the center director or designee must provide the student with the brochure entitled "Vocational Rehabilitation Appeal Procedures - Can We Talk?"

If a student does not agree with his or her dismissal from CCRC services, the student is entitled to an appeal governed by

Once a student is dismissed from services at CCRC for reasons other than attendance or training proficiency, the readmission of that student to CCRC must be approved by Admissions and the manager of Counseling and Vocational Training. Before readmission, the center director reviews the decision with the CCRC risk manager.

3.7.2 Responsibilities

Counseling Staff Members

Counseling staff members must

Supervisors

Supervisors must

Center Director

The center director must

3.7.3 Procedures

The procedure to dismiss a student from the CCRC training program must involve the

Staff members use the following procedure during the dismissal process:

  1. Counseling staff members document the reasons for dismissal and discuss them with the manager of Counseling and Vocational Training.
  2. Counseling staff members notify the student of the recommendation for dismissal and his or her right to appeal to the center director.
  3. Counseling staff members notify the student of his or her rights under Chapter 1: General Information, 1.3.5 Student Rights.
  4. The center director evaluates the recommendations for dismissal and informs the manager of Counseling and Vocational Training or CLT designee of the decision.
  5. If dismissal is confirmed, the assigned counselor notifies the student of the dismissal and his or her rights to appeal, and coordinates the student's departure from CCRC.
  6. If dismissal is reversed, conditions may be imposed on the student. The VR field counselor is notified, and the reversal and conditions are documented in ReHabWorks.