Chapter 3354:1-43 Policies on Corrective Action

3354:1-43-01 Professional development and performance evaluation policy.

(A) The college is committed to supporting academic and administrative excellence through recruitment, selection, and development of employees. In support of this commitment, the college shall foster employee development. This may include providing professional exchange programs, consulting leave, remission of fees, professional improvement leave, and other methods. It shall include a regular employee performance evaluation system.

(B) The college shall continue to operate a comprehensive performance evaluation system that provides:

(1) Appraisals of employee performance on an ongoing basis with written evaluations;

(2) Employee participation in the establishment of goals and objectives;

(3) Evaluations based upon mutually established objectives.

(4) The availability, at the discretion of supervisors and the office of human resources, of performance improvement plans. Such plans may be developed with the office of human resources when a supervisor notifies the office that an employee's performance is inadequate. Performance improvement plans may include a probationary period of employment.

(C) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this policy.

Replaces: 3354:1-43-01

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-43-02 Employee code of conduct policy.

(A) Employees must exhibit a high degree of personal integrity at all times. This requires sincere respect for the rights of others, and refraining from any behavior that might be harmful to one's self, other members of the College community, or the College. Employees must also refrain from behavior that would cast the College in an unfavorable light in the view of the communities served by the College.

(B) In addition to behavior inconsistent with paragraph (A) of this policy, the following conduct is specifically prohibited:

(1) Threatening, attempting, or committing physical violence against any person.

(2) Preventing, impeding or disrupting, or attempting to prevent, impede or disrupt, any college activity.

(3) Endangering the personal health, safety, and welfare of the employee or any other person.

(4) Violating, while on or in college facilities or vehicles, any municipal, county, state, or federal statute or ordinance.

(5) Gambling for money or other things of value on or in college facilities.

(6) Using language that is degrading or abusive to any person.

(7) Furnishing false information to the college.

(8) Excessive unauthorized absenteeism or tardiness.

(9) Unauthorized use of college supplies or equipment for personal purposes.

(10) Violation of any college policy or procedure.

(11) Insubordination.

(12) Failure to maintain a license, certification or other required qualification.

(13) Being under the influence of alcohol or a controlled substance, or the possession of a controlled substance, while on duty.

(14) Absence without acceptable notification.

(15) Inappropriate handling of any college document or record, including without limitation tampering with personnel files or information contained within such files in any manner that seeks personal benefit, or permits others to benefit personally, or knowingly permits the inclusion of false, inaccurate or misleading information.

(C) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the implementation of this policy.

Replaces: 3354:1-43-02

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-43-03 Corrective action policy.

(A) This policy applies to all full and part-time employees unless specifically excluded or limited by the explicit provisions of a collective bargaining agreement.

(B) Should an employee's performance, work habits or behavior become unsatisfactory in the judgment of the college, based on a violation of accepted standards of conduct or college policies, procedures, rules or regulations, that employee will be subject to corrective action, up to and including dismissal.

(C) Due process will be provided to employees prior to the suspension, disciplinary demotion or dismissal of an employee by the college; except that if, in the judgment of the college, earlier action is necessary for the protection of person or property, then due process may occur after the suspension, disciplinary demotion or dismissal.

(D) The president or president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this policy.

Replaces: 3354:1-43-03

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-43-03.1 Corrective action procedure.

(A) This procedure applies to all full and part-time employees unless specifically excluded or limited by the explicit provisions of a collective bargaining agreement.

(B) Should an employee's performance, work habits or behavior become unsatisfactory in the judgment of the college, based on a violation of accepted standards of conduct or college policies, procedures, rules or regulations, that employee will be subject to corrective action, up to and including dismissal. Unacceptable conduct includes, without limitation, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or failure of good behavior. Supervisors shall actively manage performance and take corrective steps when appropriate.

(C) The college reserves the right to initiate corrective action at any of the following steps should an offense or performance issue be determined by the college to be sufficiently serious. Otherwise, the progressive corrective action approach utilized by the college will consist of the following steps:

(1) Verbal counseling

A verbal counseling is provided by the supervisor in a meeting in which the employee is informed of the specific issue and what is expected of him or her in the future. No formal records of the discussion will be maintained in the office of human resources' personnel file, although supervisors are advised to keep their own records of such meetings in the event there is a repetition of the improper conduct.

(2) Written reprimand

The supervisor will issue a written reprimand and/or exception report. The written reprimand and/or exception report will become a part of the employee's personnel file. Supervisors must consult with the office of human resources prior to the issuance of a written reprimand or exception report. If an employee is covered by one of the college's collective bargaining agreements, a copy of the written reprimand and/or exception report will be forwarded to the appropriate union official by the office of human resources.

(3) Suspension/probationary status

An employee may be placed in probationary status or be suspended with or without pay for a specified number of days based upon documentation provided by the employee's supervisor. A pre-disciplinary due process meeting will be conducted by the Vice president of human Resources or the Vice President's designee with the employee prior to the initiation of probationary status or suspension. All recommendations for probations and suspensions must be approved by the Vice president of Human Resources or the Vice President's designee prior to implementation. The employee will receive written notification of the probation or suspension. If the employee is a member of a collective bargaining unit, he or she will have the opportunity to have a union representative at any meeting with the employee regarding the suspension.

(4) Discharge

An employee may be discharged. A pre-disciplinary due process meeting will be conducted by the vice president of human resources or the vice president's designee with the employee prior to the issuance of a termination notice. All recommendations for discharge must be approved by the vice president of human resources or the vice president's designee prior to its implementation. The employee will receive written notification of the discharge. If the employee is part of a collective bargaining unit, he or she will have the opportunity to have a union representative at any meeting with the employee regarding the termination action.

(D) The president or president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.

Replaces: 3354:1-43-03

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-43-04 Assignment and reduction in force of non-bargaining indent employees policy.

(A) The president shall ensure that administrative and support staff personnel are assigned to duties that are consistent with the efficient management and economic welfare of the college. The president may determine the assignments of any non-bargaining employees.

(B) The president may initiate a reduction in force during times of financial exigency or administrative or programmatic reorganization.

(C) The president, through the office of human resources, shall exercise and execute actions related to non-bargaining employee reductions in force including appropriate consultation with the parties and units affected by such actions.

(D) This policy does not apply to situations covered by any collective bargaining agreement.

(E) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this policy.

Replaces: 3354:1-43-04

Effective: 4/16/2006
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-43-04.1 Reduction in force procedure for non-bargaining employees.

(A) In accordance with the college's assignment and reduction in force of non-bargaining employees policy, the president or the president's designee may initiate a reduction in force.

(B) Whenever practical, the college will give impacted employees two months advance notice of a reduction in force and will notify the employees' supervisors in advance of notifying the impacted employees.

(C) The office of human resources will oversee the delivery of any assistance the college may choose to provide to administrative and support staff employees displaced as a result of a reduction in force program.

(D) This procedure does not apply to employees covered by the college's collective bargaining contracts.

(E) The president or the president's designee shall take all steps necessary and appropriate for the implementation of this procedure.

Replaces: 3354:1-43-04

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: December 15, 2005

3354:1-43-05 Personal information system policy.

(A) The college operates one or more personal information systems regulated by chapter 1347. of the Revised Code. The executive vice president of Administration is directly responsible for the system. For the purposes of this policy:

(1) "Personal information" means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person.

(2) "System" means any group of related records maintained by the college and from which personal information can be retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. System includes records that are manually stored and those stored through the use of electronic data processing equipment.

(B) The college will inform, in writing, all employees responsible for the operation or maintenance of the system or for the use of personal information in a system of the existence of chapter 1347. of the Revised Code and of this policy.

(C) An individual who initiates or contributes to any disciplinary or other punitive action against another individual who brought to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in a personal information system will be subject to disciplinary action pursuant to the college's corrective action procedure.

(D) Any individual who is asked to supply personal information for a college system will be informed, in writing, whether or not the individual is legally required to supply the information or that the individual may refuse to supply the information.

(E) The accuracy, relevance, timeliness and completeness of personal information in a system will be monitored and maintained.

(F) The college shall take reasonable precautions to protect personal information in a system from unauthorized modification, destruction, use, or disclosure.

(G) The college will periodically review its personal information systems and eliminate personal information that is no longer necessary and relevant, pursuant to applicable record retention schedules.

(H) Upon request from and proper identification of an individual who is the subject of personal information in a system, the college shall:

(1) Inform the person of the existence of any personal information in the system of which the person is the subject.

(2) Permit the person or his legal guardian or an attorney who presents a signed written authorization made by the person to inspect all personal information in the system of which the person is the subject.

(3) Inform the individual about the types of uses made of the personal information including the identity of any users usually granted access to the system.

(4) Disclose upon request, medical, psychiatric, or psychological information to a person who is the subject of the information or to his legal guardian, unless a physician, psychiatrist, or psychologist determines for the college that the disclosure is likely to have an adverse effect on the person, in which case the information shall be released to a physician, psychiatrist, or psychologist who is designated by the person or by his legal guardian.

(5) Provide copies of personal information to the person upon request. Charge a fee of twenty-five cents per page for copies of personal information.

(I) Disputes concerning information in system

(1) An individual may request, in writing, that the college investigate the status of personal information in a system that the individual believes is not accurate, relevant, timely, or complete.

(2) The college shall investigate the matter within a reasonable time but no later than ninety calendar days after the request has been made to determine if the information is accurate, relevant, timely and complete.

(3) The college shall notify the individual, in writing, of the results of the investigation and of the intended action of the college. The college shall delete any personal information that it cannot verify or that it finds to be inaccurate.

(4) If the individual is not satisfied with the college decision, the college may do either of the following:

(a) Permit the individual to include within the system, a brief statement of the individual's position on the disputed information. The college shall maintain a copy of the individual's statement in the individual's personnel or student file. The college may limit the statement to not more than one hundred words if the college assists the individual to write a clear summary of the dispute.

(b) The college shall include the statement in any subsequent transfer, report, or dissemination of the disputed information and may include with the statement of the individual a statement by the college that it has reasonable grounds to believe that the dispute is frivolous or irrelevant, and of the reasons for its belief

(c) The college shall, at the written request of the individual, furnish notification that the disputed information has been deleted, or furnish a copy of the individual's statement of the dispute, to any person specifically designated by the individual. (The college shall clearly and conspicuously disclose to the individual the individual's right to make such a request.)

(J) The college shall comply with all applicable provisions of chapter 1347. of the Revised Code, whether or not explicitly set forth in this policy.

(K) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the implementation of this policy.

Replaces: 3354:1-43-05

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12-15-05

3354:1-43-05.1 Personnel information records procedure.

(A) Responsibility

(1) The office of human resources shall be the central depository for personnel files. A personnel file is an official college dossier containing information directly related to a college employee's employment. The vice president of human resources or the vice president's designee shall be the custodian of personnel records.

(2) Approved file contents

Personnel information files may include, without limitation:

(a) Employment applications

(b) Resumes

(c) Annual contracts

(d) Personnel operations information forms

(e) Proffers

(f) Professional credentials

(g) Performance evaluations and objectives

(h) Records of promotion, transfer, lay-off, recall, retirement,

(i) Resignations, and leaves of absence;

(j) Tax forms

(k) Signed letters of commendation, or other recognition of excellent performance

(l) Signed letters of complaint (and responses, if any)

(m) Notices of disciplinary action

(n) Authorization for employee elected deduction(s)

(o) Military duty orders

(3) The office of human resources shall:

(a) Maintain personnel files with appropriate accuracy, relevance, currency, and completeness.

(b) Limit disclosure of personnel records as much as is practical, while complying with applicable law.

(c) Allow employees the right to review and challenge the information in their personnel files in accordance with this procedure.

(d) Not add to or delete from a personnel file without approval of the vice president of human resources.

(e) Take reasonable precautions to protect personnel files.

(B) Access to personnel files

(1) Access to personnel files may be granted at reasonable times during regular business hours, and only by the office of human resources.

(2) A personnel file may be reviewed by submitting a written request to the human resources information systems department. Within two work days of receipt of the written request, arrangements will be made for a mutually convenient time to review the file.

(3) Personnel files may be viewed only in the office of human resources in the presence of an Office of human resources representative.

(4) Access to a personnel file shall be granted immediately in emergency situations which could affect health or safety.

(C) Replicating file materials

There will be no charge for copying ten pages or less of material. A fee of twenty-five cents per page may be charged for copying additional pages. Only a human resources representative may copy personnel records (but no such representative shall copy the representative's own personnel record) and upon request will do so within a reasonable time period.

(D) Employee notification

The office of human resources will make reasonable efforts to promptly notify an individual whenever any contents of that individual's personnel file is requested, reviewed, or disclosed by or to anyone other than to a current employee or representative of the college acting within the course and scope of that person's employment or representation.

(E) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.

Replaces: part of 3354:1-43-05

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies:
Prior Effective Dates: 12/15/05