Chapter 3354:2-20 Employment and Benefits

3354:2-20-01 Employment classifications.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

Staff

Staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Position status

(1) Continuing status positions

Those with no known employment termination date.

(2) Temporary or Grant-Funded Status Positions

Those with a known employment termination date.

(B) Budgetary status

(1) Full-time positions

Established with the anticipation of a minimum work schedule of two thousand eighty straight-time hours per fiscal year or fourty hours per week for fifty two weeks per year.

(2) Partial-year/full-time positions

Established with the anticipation of a minimum work schedule of 1,600 straight-time hours per fiscal year or fourty hours per week for fourty consecutive weeks per year.

(3) Part-time positions

(a) Established with the anticipation of a maximum work schedule of one thousand five hundred eight hours per fiscal year.

(C) Level of assignment

(1) Administrative

(a) Administrators

(i) Officers

(ii) All others

(b) Supervisory/professionals

(2) Faculty

(3) Staff

Replaces: 7/7/94

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/94

3354:2-20-02 Equal employment opportunity.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Policy

(1) Lakeland community college continues its policy that in its educational and employment opportunities there shall be no discrimination against any person because of race, color, religion, sex, national origin, handicap, ancestry, disabled, veteran or Vietnam-era veteran status, age, marital and/or parental status.

(2) Lakeland community college is committed to act affirmatively to promote equal employment opportunities and practices for employees.

(3) Lakeland community college will recruit, select, and employ the individual most likely to succeed in a position in accordance with equal employment opportunity. The skills, education, work experience established as requirements for employment in a position will be reasonable, bona fide occupational qualifications.

All tenure-track faculty positions and continuing status administrative positions will be announced nationwide.

(B) Scope of equal employment opportunity

Equal employment opportunity consists of all the procedures and cultural diversity activities of the college which contribute to nondiscrimination, and ensure equal employment opportunity for all.

(C) Dissemination

Lakeland's equal employment opportunity policy shall be widely disseminated within the college and the community. This is an official policy of the college and shall be considered a public document and distributed by the human resources department.

(D) Responsibility for implementation

(1) The president shall have the ultimate responsibility for achieving equal employment opportunity and related decisions.

(2) The operating responsibility to implement and evaluate the equal employment opportunity program is assigned by the president to the vice president for human Resources and organizational development.

(3) Supervisors

All supervisory personnel are responsible for compliance with the equal employment opportunity policy within their area.

(E) Facilities

There shall be no discrimination in the provision or rental of facilities with the exception of the availability of segregated facilities where the traditional right of privacy dictates usage segregated by sex.

(F) Construction contractors and sub-contractors

All construction contractors and sub-contractors shall be informed of the college non-discrimination requirements of the equal employment opportunity policy and notified that the college expects them to conform to applicable federal and state guidelines.

(G) Purchasing

All contractors and suppliers shall be informed of the college's non-discrimination requirements of the equal employment opportunity policy and notified that the college expects them to conform to applicable federal and state guidelines.

(H) Definitions

(1) Discrimination is action inimical to persons because of characteristics listed in paragraph (A) (1) of this rule.

(2) Protected classes are groups defined by federal and state regulations.

Replaces: 10/4/12

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 3/3/01, 3/6/03

3354:2-20-03 Personnel reports to the board of trustees.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

Part-time

Part-time

     
staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

Part-time

Part-time

     

The following provisions shall apply only to full-time and Partial-year continuing and temporary administrators, supervisory/professionals, staff and full-time faculty. Excluded are part-time faculty, part-time continuing or temporary staff employees.

(A) Monthly activities

(1) The Board shall approve at regular meetings:

(a) The appointment of individuals to full-time administrative positions at the director at pay grade 6 or above level;

(b) The creation of new full-time positions and the change of full-time positions to a higher or lower salary classification;

(c) Involuntary employment terminations, and non-renewals of employment contracts of faculty, staff, supervisory/professionals, or administrators.

(B) Yearly activities

The board shall approve on a yearly basis:

(1) The reclassification of occupied positions to a higher or lower salary classification;

(2) Faculty requests for long-term professional leave and tenure;

(3) Administrators' requests for long-term professional leave.

Replaces: 3/6/03

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies:3354
Prior Effective Dates: 1/11/96, 3/6/03

3354:2-20-04 New employee relocation expense.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

Full-time

x Full-time

Temporary

x Partial-year

Partial year

  

Part-time

x Part-time

Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

Conditions for reimbursement of relocation expense

(A) Approved in advance by the president or his/her designee, or in the case of the President, by the chair of the board of trustees.

(B) Excludes expenses incurred in the course of purchasing a home and/or renting temporary accommodations.

(C) Applicable to newly-hired administrators, supervisory/professionals and faculty relocating from outside the greater Cleveland metropolitan area.

(D) Reimbursement will be in accordance with the following schedule:

(1) President - full cost of move.

(2) Administrators, supervisory/professionals, and faculty - not to exceed ten per cent of starting annual salary.

Replaces: 3354:2-20-04

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/94

3354:2-20-05 Employment contracts for administrators and supervisory professionals.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

(A) Length of contract year

Commences July frist and concludes June 30 thirtieth of the following year.

Except for temporary contracts (as set forth in II. D.), administrators and supervisory/professionals hired after the beginning of the fiscal year established in paragraph of this rule (A) shall be issued a first year probationary contract which terminates on June thirtieth of the following year.

(B) Types of contracts

(1) Probationary contracts issued to newly-hired administrators and supervisory/professionals

Newly-hired administrators and supervisory/professionals must be employed by the college for at least nine months of paid employment prior to becoming eligible on the next July for a continuing contract.

Newly-hired administrators and supervisory/professionals performing unsatisfactorily shall be notified by March fifteenth of non-renewal of the employment contract.

(2) Probationary contracts issued due to unsatisfactory Performance

If, as a result of the annual performance evaluation, the president determines the work of an administrative employee to be unsatisfactory, the president may order the issuance of a probationary contract commencing on July frist of the next fiscal year.

In the event the employee continues to demonstrate unsatisfactory performance during the probationary period, he/she shall be notified, in writing, no later than February frist of the then current fiscal year of the intent not to re-employ for the subsequent fiscal year.

(3) Continuing contracts

(a) Issued to all administrators and supervisory/professionals having satisfactorily completed the probationary employment period.

(b) Management has the right to transfer an administrator or supervisory/professional who is under contract to a comparable position.

(c) Normally renewed annually, except for:

(i) Non-renewal due to lack of work or funds

(a) Affected employee shall be notified by March of the then current contract.

(b) Failure to provide notice by the date(s) established above shall result in the automatic re-employment of the employee for the subsequent fiscal year.

(c) Where the incumbent of an eliminated administrative or supervisory/professional assignment has previously earned tenure as a Lakeland faculty member, the incumbent shall have the right to return to his/her former academic division as a full-time tenured faculty member. Faculty seniority status in such situations shall be established in accordance with the applicable provisions of any then current labor agreement.

(ii) Non-renewal due to unsatisfactory performance (See II.B.1.a.)

(iii) Non-renewal for cause

(4) Temporary contracts issued to administrators, supervisory/professionals for a limited term as set forth in a grant or for a special project.

Replaces:3/6/03

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/5/98, 3/6/03

3354:2-20-06 Probationary employment status for staff employees.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Probationary employment period defined

A period of time, demarcated by the passage of a specified number of paid months during which the staff employee's performance of his/her position-specific duties and responsibilities and adherence to general, college-wide and specific departmental standards of conduct are closely observed by the supervisor of record for the purpose of assessing the employee's ability to sustain satisfactory performance beyond.

(B) As an extension of the selection process

(1) Length

The probationary period will be the first six months of a staff member's paid employment in a position not previously held.

(i) If a probationary employee's performance is evaluated as "unsatisfactory" at the conclusion of the probationary period but the supervisory of record determines the employee's performance may improve with additional time or, if due to extenuating circumstances, the supervisor of record needs additional time to evaluate the staff member's performance, the initial probationary period may be extended beyond the six months, not to exceed an additional six months.

(ii) A non-probationary employee who is reassigned to a new position within the college will be required to satisfactorily complete a probationary period of six months except in those cases where the new position is fundamentally similar to the employee's previous position as determined by the vice President for human resources and organizational development.

(2) Performance evaluation during the probationary period

(a) A formal, written performance evaluation will be prepared by the supervisor of record and presented to the probationary-status employee a minimum of three times, or every two months, within the six month probationary period.

(b) Staff employees can be terminated at any time during the probationary period based on a formal, written performance evaluation and recommendation from the unit administrator, vice president for human resources and organizational development and the president of the college.

(3) Upon completion of the probationary period

The supervisor of record shall complete a formal, written performance evaluation and recommend one of the following:

(a) employment status changed to non-probationary;

(b) termination; or

(c) extension of the probationary period in accordance with A.1.a. of this policy.

Employees terminated may appeal the validity of the evaluation rating and the subsequent action, in accordance with established procedure.

(C) As an extension of the performance evaluation process

(1) Length

A non-probationary status employee whose performance has been rated "unsatisfactory" may, with the prior approval of the unit administrator and Vice President, and notification to the vice president for human resources and organizational development, be returned to probationary status for a minimum of two months, but no more than six months.

(2) Appeal of the return to probationary status

An employee evaluated as "unsatisfactory" and returned to probationary status may appeal the validity of the evaluation rating and the subsequent action, in accordance with established procedure.

(3) Upon completion of the probationary period

Upon completion of the probationary period, the supervisor of record will evaluate the employee's performance and recommend one of the following actions:

(a) termination or

(b) return of the employee to non-probationary status.

(i) Recommendations for termination must be approved in advance by the unit administrator, vice president, vice president for human resources and organizational development , and the president.

(ii) Employees terminated may appeal the validity of the evaluation rating and the subsequent action, in accordance with established procedure.

Replaces: 3/6/03

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/5/98, 3/6/03

3354:2-20-07 Seniority, lay-off, and reinstatement of staff employees.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

(A) Seniority ranking

Staff are ranked in order of seniority, in relation to continuing-status staff employees college-wide and in relation to continuing-status staff employees in the same classification.

(1) College-wide employment seniority

(a) A staff employee's total paid time of employment in full-time continuing status staff positions is compared to the total time of paid employment (days, months, years) in full-time continuing status staff positions credited to all other full-time continuing status staff to determine the seniority ranking of staff, college-wide.

Ties in placement will be broken by consideration of additional paid time in first, part-time continuing status positions and second, full or part-time employment in temporary status positions.

(2) Classification employment seniority

A staff employee's total time of paid employment in the current, continuing status staff position classification is compared to the total time of paid employment of other current, continuing status staff employees assigned to the same position classification to determine the employee's placement in the seniority ranking of staff within the position classification.

(B) Lay-off

(1) Conditions governing lay-off of staff employees

(a) Lay-offs shall be in response to a lack of work or funds, recommended by the president, and approved by the board of trustees.

(b) Affected employees will be provided thirty calendar days written notice. However, this may be shortened under emergency situations such as the college's inability to meet payroll and other financial obligations.

(2) Process for identifying individuals for lay-off

(a) When it is determined that an individual must be laid-off due to lack of work or funds, he/she will have the option to displace a less senior employee in the same or a previously-held position classification, possibly in another department, provided the employee has an overall "fully acceptable" or better performance rating in their most recent performance appraisal..

(b) Subsequent to being displaced by a more senior employee who was laid-off, an employee may displace a less senior employee and this process will continue until there are no remaining employees wishing to exercise this option or there are no remaining positions in the classification.

(3) Notification to and response from affected employees

(a) Thirty calendar days notice, except in the event of an emergency, will be provided to the affected employee.

(b) Affected employees will have fifteen calendar days after receiving notice to provide a written response of their decision to exercise the right to displace a less senior employee.

(C) Reinstatement

(1) Laid-off employees may be reinstated to employment in a position in a previously-held classification for up to one year from the date of separation, provided they had an overall "fully acceptable" or better performance rating in their most recent performance appraisal prior to being laid-off.

(2) If more than one individual from a position classification is laid-off, the most senior will be given the first opportunity for reinstatement to a position in the classification.

(a) Employees will be given written notification from the human resources department of opportunities for reinstatement.

(b) Laid-off employees will have ten working days from receipt of notification to deliver written acceptance of an offer to be reinstated.

(3) Upon reinstatement or hire (into a position classification not previously held) within a one year period following lay-off, employees will be given credit for previously accrued hours of employment.

Replaces:3/6/03

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98, 3/6/03

3354:2-20-08 Transfers of staff employees.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

Full-time

     

x Partial-year

Partial-year

     

x Part-time

Part-time

     

(A) Types of transfers

(1) Compulsory

Initiated and mandated by the college administration, the transfer is to a position in the same classification.

(2) Voluntary

Initiated by the college administration and agreed to by the staff employee, the transfer may be to a position in the same or a different classification so long as the pay grade is the same as that associated with the former position and the employee possesses the minimum qualifications for the position.

(3) Employee- nitiated

Re-assignment sought through the in-house application process.

(B) Conditions governing transfers

(1) Salary placement

(a) Salary placement shall not be affected by college-initiated transfers, whether compulsory or voluntary.

(b) Salary placement for employee-initiated transfers shall be governed by policy 3354:2-20-32, of the Administrative code staff salary placement salary advancement.

(2) Probationary status of transferred employees

Governed by policy 3354:2-20-06, probationary employment status.

Replaces: 3354-2-20-08

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/94

3354:2-20-09 Employment of athletic coaches.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

x Part-time

     

(A) Position definition

Part-time, temporary support staff positions.

(B) Recruitment and selection

(1) Head coaching vacancies

Must be posted by the human resources department according to established procedures.

(2) Assistant coaching vacancies

The athletic director may appoint individuals to fill these positions.

(C) Employment agreement and compensation

(1) Employment agreement

(a) Requires approval of the president.

(b) Spans the fiscal year, July first to June thirtieth

(c) Is only renewable upon recommendation of the athletic director, and approvals of the director of student development and dean of students, the executive vice president for academic affairs and dean of faculty, and the president.

(2) Compensation

Is in compliance with the board-approved "Athletic Salary Schedule."

Replaces: 3354:2-20-9

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98, 3/6/03

3354:2-20-10 Background inquiries.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) It is the policy of Lakeland community college to protect employees, visitors, students and all users and guests and the college by maintaining the integrity of the employment process.

(B) Responsibility for implementation

(1) The president shall have the ultimate responsibility for ensuring that employees, visitors, and the college are protected by ensuring the integrity of the employment process by the use of background inquiries.

(2) The responsibility for evaluating the on-going needs for background inquiries has been assigned to the vice presidents for each of their respective areas.

(3) The human resources department, in consultation with the respective vice president, shall determine what level of background inquiry is appropriate for a designated position in compliance with federal and state law and college policy or practice.

(C) Background inquiries may be required by law or relevant to the current vacancy and may include, but are not limited to:

(1) Current and/or prior employment verification;

(2) Educational degree verification;

(3) Criminal record check;

(4) Motor vehicle record;

(5) Criminal bureau of identification ands investigation check;

(6) Federal bureau of investigation check; and

(7) Drug and alcohol testing.

(D) Information collected as the result of a background inquiry, with the exception of employment and degree verifications, shall be kept by the human resources department on a confidential basis.

(E) Dissemination of policy

Lakeland's policy on background inquiries shall be available to all applicants for employment.

Replaces: 3354:2-20-10

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 5/20/83

3354:2-20-11 Recruitment and selection of part-time faculty.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

x Part-time

Part-time

Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

It is Lakeland community college's policy that in all of its employment opportunities there shall be no discrimination against any person because of race, color, religion, sex, national origin, handicap, ancestry, age, or disability, Vietnam-era, marital or parental status.

Replaces: 3354:2-20-11

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 5/20/83

3354:2-20-12 Retirement or resignations.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

Retirements or resignations of college employees are effective upon the human resources department's receipt of such written notice. Recision of the retirement or resignation at any time requires approval of the vice president for human resources and organizational development and the president.

Replaces: 3354:2-20-12

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 5/20/83

3354:2-20-30 Performances evaluation.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) The performance evaluation process culminates in a formal, written summary of the supervisor of record's appraisal of the employee's performance of assigned tasks and responsibilities and adherence to both general, college-wide and specific, departmental standards of conduct.

(1) Cycle

(a) Probationary status staff employees

(i) As an extension of the selection process

A formal, written performance evaluation will be prepared by the supervisor of record and presented to the probationary-status employee a minimum of three times, at intervals of two months within the six months (of paid employment, (i.e., exclusive of period of unpaid leave or non-work]) probationary period.

(ii) As a result of unsatisfactory performance

(a) Staff employees returned to probationary status as a result of less than a fully acceptable overall performance evaluation rating will be re-evaluated after no less than two months and no more than six months of paid employment have elapsed.

(b) Employees receiving a less than "fully acceptable" overall rating shall not receive an increase in compensation while the less than fully acceptable rating is in effect. Hours of employment accrued during this period will not be credited toward salary adjustment based on hours worked.

(c) Upon receiving a "fully acceptable" evaluation rating, the employee will be immediately eligible for any salary schedule adjustment which occurred.

(b) Non-probationary status staff employees

Non-probationary staff employees will be evaluated no less than every twelve months. Supervisors may formally evaluate an employee's performance as needed to ensure adequate communication and feedback.

(c) Probationary status administrators and supervisory/professionals

A formal, written performance evaluation shall be prepared by the supervisor of record and presented to the probationary status employee no less frequently than every four months.

(i) Interim performance objectives shall be established and monitored for each interim evaluation period.

(ii) A summative evaluation shall be prepared at the end of the fiscal year.

(iii) Non-Probationary Status Administrators and Supervisory/Professionals

The work performance of all administrators and supervisory/professionals shall be evaluated at the conclusion of each fiscal year.

(2) Performance evaluation ratings

(a) Staff employees

(i) The supervisor of record will evaluate the staff employee's performance and assign an overall rating from one of the following to describe the employees' performance:

(a) Unsatisfactory,

(b) Needs Improvement,

(c) Fully Acceptable, and

(d) Exceptional.

(ii) The overall rating is a composite of the employee's rating in each of the following:

completion of objectives;

demonstrated capabilities; and

personal and professional attributes.

(b) Administrators and supervisory/professionals

The supervisor of record will evaluate the employee's performance and assign an overall rating from one of the following to describe the employee's performance:

(i) RE: Rarely equaled in exceeding performance objectives and job requirements.

(ii) CE: Clearly exceeds performance objectives and job requirements.

(iii) MR: Meets performance objectives and job requirements.

(iv) MM: Meets minimum

(v) FM: Failed to meet a majority of the performance objectives and job requirements either by incomplete assignments or not achieving the desired outcome.

(B) The supervisor of record will meet with the employee to discuss his/her performance for the period under review and present the formal, written evaluation document and any supporting materials.

(1) Employees will be requested, but not required, to sign the evaluation document to indicate agreement with the contents and/or receipt of the document.

(2) The signed evaluation document and supporting materials will be placed in the employee's personnel file.

(C) Appeals of an evaluation rating

Staff

Staff members may appeal the validity of the overall rating or specific statements in accordance with college procedure.

Replaces: 3354:2-20-30

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 5/3/04

3354:2-20-31 Reclassification of staff positions.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

Full-time

     

x Partial-year

Partial-year

     

x Part-time

Part-time

     

Reclassification process

(A) Occurs annually, commencing with notification by the human resources department to employees in February.

(B) Requests for reclassification must be submitted during the month of March to the human resources department.

(C) Recommended changes in the classification of staff positions will be submitted to the board of trustees for approval at the July meeting of the board.

(D) Approved reclassifications, including increases in the compensation of incumbents, will be retroactively effective July frist .

Replaces: 1/15/98

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98

3354:2-20-32 Staff/salary placement/salary advancement.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Salary step placement

(1) Newly-hired employee

(a) Generally, a newly-hired staff employee will be placed at the minimum starting salary for the pay grade to which his/her position is assigned. However, placement beyond the minimum starting salary, in recognition of knowledge, skills, abilities, or experience directly related to the assignment and exceeding the minimum qualifications, may be approved by the President upon recommendation of the vice president for human resources and organizational development.

(b) Definition of newly-hired employee

(i) An individual not having previously been an employee of the college.

(ii) An individual who separated from the college for any reason, other than lay-off, and is re-employed at a later date.

(iii) A laid-off employee whose reinstatement rights have expired.

(iv) A current continuing-status college employee who applied and was subsequently hired for a position (either another continuing-status position or a temporary status position) in a higher classification.

In the event that salary placement, when done in accordance with paragraph (A) of this rule, results in a lower hourly rate than the employee earned in the previous assignment, the vice president for human resources and organizational development will review and recommend an appropriate salary placement to the president.

(2) Current college employee whose status (vs. position) has changed

(a) From part-time to full-time

In the event a continuing-status, part-time position is expanded to full-time, the part-time incumbent who applies and is subsequently hired for the new full-time position will retain the same hourly rate.

(b) From temporary to continuing

The hours worked as a temporary employee shall be counted toward the probationary requirement and hours needed for salary adjustment if the temporary status employee is subsequently hired for the same position when the position is converted to a continuing status.

(c) From continuing to temporary

Salary placement will be as outlined in paragraph (A), of this rule with the considerations in-paragraph (A)(2) of this rule

(3) Current college employee whose position is reclassified

(a) Reclassification to a higher pay grade

An employee assigned to a position which is reclassified to a higher pay grade will be placed in the new pay grade at his/her current salary, or the new salary grade minimum whichever is higher. However, an employee who is an employee of the college effective July 1, 2000 shall not move to a lower pay grade as a result of the Price Water house Coopers study. As a position, which was moved downward as a result of the Price Waterhouse Coopers study becomes vacant, it will be moved to the recommended lower grade.

(b) Reclassification to a lower pay grade

An employee assigned to a position which is reclassified to a lower pay grade will be placed in the new pay grade at his/her current salary or the maximum salary for the pay grade if the current salary is more than the maximum of the new pay grade.

(4) Current college employee who is transferred

Salary placement shall not be affected by college-initiated transfers, whether voluntary or compulsory.

(B) Salary adjustment

(1) Full-time continuing status employees

(a) Full-time continuing status employees (includes those continuing-status employees temporarily assigned to a temporary status position) having been compensated for two thousand eighty hours in the previous fiscal year, and receiving a performance rating of fully acceptable or better, are eligible for a salary adjustment of three per cent effective July frist of the subsequent fiscal year, as long as the employee does not exceed the maximum of the salary range.

(2) Part-time continuing status staff employees

Part-time continuing status employees receiving a performance rating of fully acceptable or better are eligible for a three per cent salary adjustment effective July first of the subsequent fiscal year, as long as the employee does not exceed the maximum of the salary range.

(3) Temporary status employees

Temporary status employees are not eligible for salary adjustments unless the position is externally funded and such movement is required/allowed by the conditions of the funding source.

Replaces: 3354:2-20-32

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/5/01, 3/6/03

3354:2-20-33 Temporary assignment above classification.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

Conditions governing temporary assignments above classification

(A) The employee is voluntarily assigned to the higher classification for twenty or more consecutive working days.

(B) The duties to be performed by the employee during the assignment are specified in writing, in advance.

(C) The pay grade for the assignment and salary placement of the employee are evaluated in advance by the Vice President for Human Resources and organizational development.

The salary placement of the employee shall be assigned in accordance with rule 3354:2-20-32, of the administrative code staff salary placement/salary adjustment.

(D) For purposes of salary adjustment, the staff member will be required to work 2,080 hours in the higher classification to be eligible for a salary adjustment in the higher classification.

Any hours worked in the higher classification will be added to the number of hours in the lower classification prior to the change in assignment and upon return to the lower classification, the incumbent will be granted the appropriate percentage.

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 10/6/94, 3/6/03

3354:2-20-34 Salary increases for less than one year of service for administrators and supervisory/professionals.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

(A) Administrators and supervisory/professionals will be eligible for the salary increase indicated below in accordance with the hire dates shown:

Hired Between:

Salary Increase:

July 1 and September 30

Full

October 1 and March 31

Partial

April 1 and June 30

Not eligible

Replaces: 7/7/94

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/94

3354:2-20-35 Compensation for Teaching of Credit Courses by Administrators and Administrative Staff.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

Conditions governing the teaching of credit courses by administrative employees

(A) Teaching of credit courses is in addition to, and not part of, regular contracted job responsibilities and is subject to the approval of the Vice President (or President) to whom the administrative employee reports for his/her regular contract assignment.

(B) Administrative employees are limited to teaching one credit course per academic quarter, except under special circumstances, with the President's approval.

(C) The President and the Vice Presidents will not receive reimbursement for teaching credit courses. Other administrative employees will be paid at the current part-time faculty salary rate.

(D) Administrative employees have lowest seniority in the division where they are teaching.

Replaces: 1/15/98

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98

3354:2-20-36 Overtime/compensatoy time.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) General conditions governing overtime/compensatory time

(1) Overtime/compensatory time is paid/accrued when, with prior supervisory approval, a staff employee is compensated for fourty hours worked and/or holiday in a one week period commencing at midnight Saturday.

(a) The rate of pay for hours designated as overtime shall be one and one-half times the employee's regular hourly pay rate, including shift differential, where applicable.

(b) Compensatory hours are credited at a rate of one and one-half hours per overtime hour worked.

(i) Part-time employees are not eligible to accrue compensatory time.

(ii) Use of compensatory hours is subject to supervisory approval.

(iii) Compensatory hours may be accrued to a maximum of sixty hours, but the entire balance must be cleared by the end of the college fiscal year (June thirtieth). Exceptions must be approved by the college's vice president for human resources and organizational development and the president.

(iv) In the event an employee moves from one college department to another, unused accrued compensatory time must be utilized or compensated at the employee's current hourly rate before the change in assignment occurs.

(v) Upon separation from the college, employees shall be compensated at the current hourly rate for unused accrued compensatory time.

(2) Overtime/compensatory time should be voluntary whenever possible, but may be assigned with reasonable advance notice under extenuating circumstances.

(3) When employees are assigned more than fourty hours in a given week, the employee should be allowed to choose between overtime and compensatory time whenever possible, but in no case will he/she be required to work on a compensatory time basis.

(4) No employee may work more than sixteen hours in any consecutive twenty four hour period.

(5) When a full-time staff member works during a college holiday, the employee shall receive the regular holiday pay and their regular hourly rate for hours worked. The overtime rate and/or the emergency differential rate will take effect where applicable.

(B) Pay for hours worked and not worked during emergency college closures

Emergency college closures are defined by rule 3354:2-8-01 of the Administrative code

(1) Pay for hours scheduled but not worked

(a) Full-time continuing and temporary and part-time continuing and temporary (in positions of greater than six months) employees will be paid for hours they were scheduled and willing and able to work but did not work due to college closure.

(b) Employees scheduled, but not planning to work due to reported illness, vacation, or personal reasons will have the number of scheduled hours deducted from the appropriate benefit accrual.

(2) Pay for hours worked

(a) Full-time continuing and temporary and part-time continuing and temporary (in positions of greater than six months) employees are eligible to be paid at an "emergency" pay rate for hours actually worked.

(i) Full-time continuing and temporary status employees scheduled, and required by their supervisor to work during the period the college is closed, will be paid their regular rate of pay for those scheduled hours plus one and one-half their regular rate of pay for each hour actually worked.

(ii) Payment for the hours actually worked may be converted to compensatory time, at the rate of one and one-half hour per hour worked, upon approval of the supervisor.

(b) Part-time continuing and temporary (in positions of greater than six months)

Part-time continuing status employees will be paid in accordance with paragraph (B)(2)(a) of this rule.

(C) Pay for call-in hours worked

Continuing status staff employees called in to work due to an emergency, and not as a substitute for another employee, are eligible to receive a minimum of two hours straight time call-in pay at their regular base wage including shift differential.

Replaces: 3354:2-20-36

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-38 Sheltering of employees' retirement system contributions.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) In accordance with board resolutions 11-83 and 13-83, the following policies apply to the sheltering of employees' retirement system contributions:

(1) State teachers' retirement system

(a) Effective January 1, 1983, the full amount of retirement contributions required to be paid by all employees who are members of the State Teachers' retirement system shall be deducted from the employee's salary and paid and reported to the state teachers' retirement system as a tax-sheltered employee contribution.

(b) The board and college administration agree to account for employee earnings as specified above but otherwise assumes no further liability. The board acknowledges that the current taxation of the affected contributions shall be determined solely by the internal revenue service and in compliance with guidelines set forth by the state teachers' retirement system without guarantee that such contributions will be deferred.

(2) School employees' retirement system

(a) Effective January 1, 1983, the full amount of retirement contributions required to be paid by all employees who are members of the School Employees' retirement system shall be deducted from the employees' salary and paid and reported to the school employees' retirement system as tax-sheltered employee contributions.

(b) The board and college administration agree to account for employee earnings as specified in this rule but otherwise assumes no further liability. The board acknowledges that the current taxation of the affected contributions shall be determined solely by the internal revenue service and in compliance with guidelines set forth by the school employees' retirement system without guarantee that such contributions will be deferred.

Replaces: 3354:2-20-38

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/94

3354:2-20-40 Payroll deductions.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year      

x Part-time

x Part-time

     

Payroll deductions are authorized only for legally required deductions, lakeland faculty association dues, united way, 403(b) plans, 457(b) plans, flexible spending plans, computer loans, citizens for Lakeland or foundation activities.

Replaces: 3354:2-20-40

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 3/6/03

3354:2-20-50 Insurance benefits.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

Part-time

Part-time

     

(A) Conditions of employee and dependent eligibility

All employees of the college classified as staff, supervisory/professional or administrative and assigned to full-time or Partial-year, continuing or non-continuing positions and currently receiving compensation are eligible to receive the fully-paid insurance benefits outlined in this rule.

(1) Fully-paid insurance benefits are provided to the Partial-year employee during periods of active work and during periods of scheduled unpaid time off.

(2) Fully-paid medical insurance will be provided, at the same level of coverage, through the first twelve weeks of leave for employees on parental or sick leave who were eligible for and receiving such benefits prior to the start of the leave.

(3) Fully-paid medical insurance beyond the first twelve weeks requires that the employee be receiving compensation.

(B) Insurance benefits provided to eligible employees and their qualified dependents

The following benefits are provided by the College, at no premium cost to the employees or their dependents so long as they remain eligible in accordance with this policy:

(1) Medical insurance, including hospitalization, medical/surgical, major medical, and prescription drug coverage.

(2) Dental insurance.

(C) Insurance benefits provided to eligible employees only

The following benefits are provided by the College, at no premium cost to the employee, so long as they continue to remain eligible in accordance with paragraph I of this policy:

(1) Vision insurance;

(2) Life insurance, including accidental death and dismemberment;

(3) Long-term disability insurance.

(D) Waiver of medical insurance benefit

(1) An employee who verifies that he/she is covered by his/her spouse's or former spouse's equivalent hospitalization insurance, including another Lakeland employee, may elect to waive his/her coverage while the member remains covered by his/her spouse or former spouse and receive a $ two thousand dollar a year waiver bonus.

Partial-year employees are eligible for the full waiver bonus.

(2) Such waiver shall be offered at the time of employment and during the first semester each year and the bonus shall be paid in equal installments throughout the year.

(3) At any time the employee gives the human resources department written notice that he/she is no longer covered under another plan, he/she shall be immediately placed back on the insurance rolls along with his/her dependents. There shall be no insurability, pre-existing condition, or waiting period requirements.

(4) An employee who accepts a waiver bonus and who re-enters the college plan shall, on a pro-rata basis, reimburse the college for the bonus paid.

(E) Loss of eligibility

(1) As a result of an unpaid leave from work that is not part of the employee's partial year schedule:

Employees no longer meeting the conditions of eligibility established in this policy may continue their enrollment at their own expense in the college's medical, dental, vision, life, and/or long-term disability insurance programs.

(2) As a result of discontinuation of employment

Individuals no longer employed with the college, and/or their dependents, may continue their enrollment at their own expense in the college's medical, dental, and vision insurance programs according to the provisions set forth under COBRA.

Replaces: 3354:2-20-50

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-51 Fee waivers.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

Part-time

Part-time

     

(A) Conditions of employee and dependent eligibility

All employees of the college classified as staff, supervisory/professional or administrative and assigned to full-time or Partial-year, continuing or non-continuing positions and currently receiving compensation are eligible to receive the fully-paid insurance benefits outlined in this rule.

(1) Fully-paid insurance benefits are provided to the Partial-year employee during periods of active work and during periods of scheduled unpaid time off.

(2) Fully-paid medical insurance will be provided, at the same level of coverage, through the first twelve weeks of leave for employees on parental or sick leave who were eligible for and receiving such benefits prior to the start of the leave.

(3) Fully-paid medical insurance beyond the first twelve weeks requires that the employee be receiving compensation.

(B) Insurance benefits provided to eligible employees and their qualified dependents

The following benefits are provided by the College, at no premium cost to the employees or their dependents so long as they remain eligible in accordance with this policy:

(1) Medical insurance, including hospitalization, medical/surgical, major medical, and prescription drug coverage.

(2) Dental insurance.

(C) Insurance benefits provided to eligible employees only

The following benefits are provided by the College, at no premium cost to the employee, so long as they continue to remain eligible in accordance with paragraph I of this policy:

(1) Vision insurance;

(2) Life insurance, including accidental death and dismemberment;

(3) Long-term disability insurance.

(D) Waiver of medical insurance benefit

(1) An employee who verifies that he/she is covered by his/her spouse's or former spouse's equivalent hospitalization insurance, including another Lakeland employee, may elect to waive his/her coverage while the member remains covered by his/her spouse or former spouse and receive a $ two thousand dollar a year waiver bonus.

Partial-year employees are eligible for the full waiver bonus.

(2) Such waiver shall be offered at the time of employment and during the first semester each year and the bonus shall be paid in equal installments throughout the year.

(3) At any time the employee gives the human resources department written notice that he/she is no longer covered under another plan, he/she shall be immediately placed back on the insurance rolls along with his/her dependents. There shall be no insurability, pre-existing condition, or waiting period requirements.

(4) An employee who accepts a waiver bonus and who re-enters the college plan shall, on a pro-rata basis, reimburse the college for the bonus paid.

(E) Loss of eligibility

(1) As a result of an unpaid leave from work that is not part of the employee's partial year schedule:

Employees no longer meeting the conditions of eligibility established in this policy may continue their enrollment at their own expense in the college's medical, dental, vision, life, and/or long-term disability insurance programs.

(2) As a result of discontinuation of employment

Individuals no longer employed with the college, and/or their dependents, may continue their enrollment at their own expense in the college's medical, dental, and vision insurance programs according to the provisions set forth under COBRA.

Replaces: 3354:2-20-51

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-52 Vacation leave.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Definition

The college regards vacation hours, payable to an employee at his/her regular or base hourly wage (including shift differential where applicable), as earned hours of rest and relaxation which may also be drawn upon to continue an employee's compensation during periods of illness after exhaustion of sick leave hours.

(B) Rate of accrual

All full-time continuing and temporary and Partial-year administrators, supervisory/professionals and staff will earn vacation time from the first day of employment.

(1) Staff

(a) The rates of accrual for each hour of work and each year are as follows:

Employment Year

HourlyAccrualRate

AnnualAccrual

Start through completion of five years

.0462/hr. worked*

12 days

During sixth year

.0654/hr. worked*

17 days

During seventh year

.0692/hr. worked*

18 days

During ninth year

.0769/hr. worked*

20 days

During tenth year

.0808/hr. worked*

21 days

After completion of tenth year

.0846/hr. worked*

22 days

* Based on 2,080 paid hours

(b) Part-time continuing, part-time temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) and Partial-year staff will accrue vacation time at the rate of .0462 hours per hour worked throughout their employment with the college.

(2) Administrators and supervisory/professionals

(a) Within the first pay period of each fiscal year, full-time administrators and supervisory/professionals are given a once only allocation of one hundred eighty four hours (23 days) of vacation; equivalent to earning an average of seven hours of vacation for the hours worked in each of the pay periods of the fiscal year.

(b) Partial-year and part-time administrators and supervisory/professionals will be given a pro-rated once-yearly allocation of one hundred eighty four hours based on FTE.

(c) Newly-hired administrators and supervisory/professionals starting after the first day of the fiscal year will receive a pro-rated vacation allocation based on the anticipation of seven hours per pay period for the balance of the fiscal year.

(C) Accrual limits

(1) Staff

(a) In no case can vacation time be accumulated at more than sixteen hours greater than the annual accrual rate without written approval of the supervisor and the vice president for human resources and organizational development and the vice president and/or president.

Employees who do accrue hours in excess of sixteen hours beyond the annual rate will automatically forfeit the additional hours unless approved pursuant to this paragraph

(2) Administrators and supervisory/professionals

The maximum number of vacation hours which may be carried forward to a subsequent fiscal year is an amount equal to two times the annual vacation allocation.

(D) Conditions for use of vacation Time

(1) Staff

(a) Only that vacation which has been earned and accrued to date may be accessed.

(b) Any absence due to vacation must be approved in advance by the supervisor of record.

(c) Upon termination of employment staff employees will be paid at their then current hourly rate for accrued, unused vacation time.

(2) Administrators and Supervisory/Professionals

(a) Administrators may access earned, accrued vacation and that portion of the current year's allocation which remains to be earned, the latter of which is subject to repayment in the event the administrator resigns prior to completion of the fiscal year.

(b) Any absence due to vacation must be approved in advance by the supervisor of record.

(c) Upon termination of employment, administrators and supervisory/professionals will be paid, at their current hourly rate, for accrued, unused vacation hours.

Replaces: 3354:2-20-52

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-53 Sickt leave, personal leave, and administrative leave.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Sick leave

(1) Definition

(a) Accrued hours of sick leave represent compensation payable to an employee at his/her regular or base hourly wage (including shift differential where applicable) for scheduled work hours when the employee is absent due to personal illness, complications of pregnancy, injury, or exposure to contagious disease which may be communicated to other employees; or for absences due to the need to provide care to members of the employee's immediate family affected by any of the conditions noted in this paragraph.

(b) With respect to the provisions of this policy, immediate family shall be defined to include:

(i) Spouse

(ii) Biological, adopted, and foster children under 18, including:

(a) Anybody under eighteen who is treated as the employee's child, which might describe the child of a spouse or domestic partner or a grandchild who lives with the employee;

(b) Disabled children of any age.

(iii) Parents and grandparents, including:

(a) Anybody who treated the employee as a son or daughter when the employee is under eighteen.

(iv) Siblings

(v) Parents-in-law

(vi) Sisters and brothers-in-law

(vii) Other dependents living with the employee

(2) Employees eligible to accrue sick time/rate of accrual

(a) Beginning with the first day of qualifying employment, full-time continuing and temporary, Partial-year continuing and temporary and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) staff, supervisory/professional and administrative employees earn .0576 of an hour of sick leave for each regular (vs. overtime) hour paid.

(3) Accumulation

Sick leave is cumulative without limit. Upon retirement, the cash value (at the current rate of pay) of twenty-five per cent of the retiree's unused, accumulated sick leave hours (up to a maximum of two hundred fourty hours) will be paid to the retiree.

(4) Conditions for use of sick leave

(a) For absences of five or less consecutive working days:

(i) Notification by the employee to the supervisor, prior to the scheduled start of the work shift or, in the event this is not possible, immediately thereafter is required.

(ii) Failure to provide such notification and/or the illegitimate use of sick time may void the employee's right to paid sick leave and subject the employee to disciplinary measures consistent with board policy, administrative procedures, and appropriate law.

(b) For absence of more than five consecutive working days:

(i) Written application for sick leave of greater than five consecutive working days shall be submitted in advance to the supervisor of record on a form provided by the human resources department.

(ii) Eligible employees are entitled to at least twelve weeks of time away from work due to serious personal or family illness or injury with the onset of an entitling event.

(a) Definition of "Serious" illness or injury

Conditions that require inpatient care or continuing treatment by a health care provider, including complications related to pregnancy.

(b) Eligible employees defined

(i) Full-or part-time continuing status employees are eligible for a personal or family illness leave no less frequently than upon completion of one thousand fifty hours within the preceding twelve month period.

(ii) Temporary status employees are eligible for such a leave if they have been employed at the college for twelve months (do not have to be consecutive) and worked at least 1,250 hours in the twelve consecutive months preceding the requested state date of the leave.

(iii) Eligible employees may request additional weeks of time away from work due to personal or family illness or injury beyond twelve not to exceed fifty two weeks.

(iv) Employees away from work due to personal or family illness or injury must use accrued compensatory, personal, sick, and vacation time, in that order, beginning with the first day of the leave.

Employees may retain a maximum of eighty hours of sick time or eighty hours of vacation time or a combination of both so long as the total banked hours do not exceed eighty.

(v) College-paid health benefits will continue to be provided, at the same level of coverage, through the first twelve weeks of leave within a twelve-month period for employees who were receiving college-paid health insurance benefits prior to the start of the leave.

(a) The cost of the college-paid health insurance benefits, provided during any portion of the twelve weeks when the employee was not receiving compensation, may be recovered from the employee if he/she fails to return from the leave for reasons other than an approved request for extension of the leave or because the employee is approved for long term disability leave.

(b) College-paid dental, vision, life and long-term disability insurances will be continued so long as the employee is receiving compensation.

(c) Employees on leave beyond the initial twelve weeks will be eligible to continue receiving college-paid health insurance benefits so long as they are receiving compensation.

(vi) Employees on paid sick leave, and their dependents, will remain eligible for fee waivers.

(vii) The employee must be in satisfactory condition, physically and mentally, to resume his/her duties. At the conclusion of the leave the employee shall return to the former position or to another position (possibly in a different department or shift) in the same classification, unless the former position has been eliminated due to lack of work or funds.

A temporary status employee on leave at the time the assignment concludes, due to either a lack of work or funds, is not guaranteed re-employment in another position.

(viii) Employment while on leave from work will be cause for termination unless specifically approved by the vice president for human resources and organizational development.

(ix) Failure to return to work at the end of the leave shall be considered a resignation.

(5) Advance of sick leave

(a) Administrators and supervisory/professionals

(i) Upon exhaustion of accumulated sick and vacation time, an administrator or supervisory/professional on a continuing contract or on a probationary contract which has been renewed for the following year may request of the president that he/she be advanced the following year's sick leave accrual of fifteen days.

(ii) Sick leave advanced will be subject to recovery in the event the employee does not return from the leave of absence for a period of at least one year.

(b) Staff

(i) Upon exhaustion of accumulated sick, vacation, personal and compensatory time a continuing-status staff employee may request of the president that he/she be advanced the following year's sick leave accrual of fifteen days.

(ii) Sick leave advanced will be subject to recovery in the event the employee does not return from the leave of absence for a period of at least one year.

(C) Personal leave

(1) Definition

Paid time away from work for compelling personal or other reasons including, but not limited to, funerals and legal obligations.

(2) Annual allotment of personal leave

(a) Full-time continuing and temporary staff employees may claim up to thirty two hours of personal leave per fiscal year. Of these thirty two hours, eight hours will be provided by the college and the balance of twenty four hours will be deducted from the employee's balance of sick leave hours.

(b) Partial-year continuing and temporary and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) may claim a pro-rated number, based upon FTE, of thirty two hours of personal leave per fiscal year. The FTE proration will also apply to determining the number of hours provided by the college and the balance of hours to be deducted from the employee's balance of sick leave hours.

(c) Full-time continuing and temporary administrators and supervisory/professionals are granted up to fourty hours of personal leave per fiscal year. Of these fourty hours, sixteen will be provided by the college and the balance of twenty four hours will be deducted from the employee's balance of sick leave hours.

(d) Partial-year continuing and temporary and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) administrators and supervisory/professionals may claim a pro-rated number, based upon FTE, of fourty hours of personal leave per fiscal year. The FTE proration will also apply to determining the number of hours provided by the college and the balance of hours to be deducted from the employee's balance.

(D) Administrative leave

An employee may be placed on paid or unpaid administrative leave during an investigation as deemed appropriate by the vice president for human resources and organizational development with approval of the president.

Replaces: 3354:2-20-53

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-54 Parental leave.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Written application for parental leave shall be submitted in advance to the supervisor of record on a form provided by the human resources department.

(B) Eligible employees are entitled to at least twelve weeks of parental leave with the onset of an entitling event.

(C) Eligible employees may request additional weeks of parental leave beyond twelve not to exceed fifty two.

(D) Employees on parental leave must reduce accrued compensatory time, personal time, sick and vacation time in that order beginning with the first day of parental leave.

Employees may retain a maximum of eighty hours of sick time or eighty hours of vacation time or a combination of both so long as the total banked hours do not exceed eighty.

(E) College-paid health benefits will continue to be provided, at the same level of coverage, through the first twelve weeks of leave for employees on parental leave who were receiving college-paid health insurance benefits prior to the start of the parental leave.

(1) The cost of the college-paid health insurance benefits, provided during any portion of the twelve weeks when the employee was not receiving compensation, may be recovered from the employee if he/she fails to return from the leave for reasons other than an approved request for extension of the leave.

(2) College-paid dental, vision, life and long-term disability insurances will be continued so long as the employee is receiving compensation through the reduction of benefit time as noted in paragraph (D) of this policy.

(3) Employees on leave beyond the initial twelve, weeks will be eligible to continue receiving college-paid health insurance benefits so long as they are receiving compensation through the reduction of benefit time, as noted in paragraph (D) of this policy.

(F) Employees on paid parental leave and their dependents will remain eligible for fee waivers.

(G) The employee must be in satisfactory condition, physically and mentally, to resume his/her duties. At the conclusion of the leave the employee will return to the former position or to another position (possible in a different department or shift) in the same classification, unless the former position has been eliminated due to lack of work or funds.

A temporary status employee on parental leave at the time the assignment concludes, due to either a lack of work or funds, is not guaranteed re-employment in another position.

(H) Employment while on a leave from work will be cause for termination unless specifically approved by the vice president for human resources and organizational development.

(I) Failure to return to work at the end of the leave shall be considered a resignation.

(J) Employee eligibility

(1) Full or part-time continuing status employees

Eligible for a parental leave no less frequently than upon completion of one thousand two hundrede fifty work hours within the preceding twelve month period.

(2) Temporary status employees

Temporary status employees are eligible for a parental leave if they have been employed at the college for twelve months (do not have to be consecutive) and worked at least one thousand two hundred fifty hours in the twelve consecutive months preceding the requested start date of the leave.

(K) Entitling events

Eligible employees are entitled to parental leave for the birth of a child, or placement of a child for adoption or foster care.

Entitlement to parental leave expires twelve months after the date of birth or placement.

Replaces: 3354:2-20-54

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98, 3/6/03

3354:2-20-55 Unpaid leave from work.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) College administrative approval is required prior to the commencement of any leave from work. The college retains the right to deny a request for a leave; require evidence of the initial and on-going need for such a leave (including a physician's exam); rescind approval of a leave prior to its conclusion; and establish limits and conditions as necessary for employees returning from leaves.

(B) Types of unpaid leaves

(1) Short-term ( ten or less calendar days within any fiscal year)

(2) Long-term (more than ten calendar days but no more than twelve months)

(C) General conditions governing unpaid leaves

(1) Requests for unpaid leaves from work must be presented, in advance, in writing, to the attention of the supervisor of record, specifying the purpose and expected duration of the leave.

(2) College-paid employment benefits will be continued for the duration of a short-term unpaid leave of absence. College-paid employment benefits will be discontinued for the duration of a long-term unpaid leave but medical, dental, vision, life and long-term disability insurance benefits may be continued at the group rate (plus two percent administrative cost) at the employee's expense.

(3) Employment while on a leave from work will be cause for termination unless specifically approved by the vice president for human resources and organizational development.

(4) Failure to return to work at the end of an approved leave will be considered a resignation.

(5) The employee must be in satisfactory condition, physically and mentally, to resume his/her duties. At the conclusion of the leave, the employee will return to the former position, or to another position (possibly in a different department or shift) in the same classification, unless the former position has been eliminated.

(6) Service credit for staff employee seniority and salary advancement will not continue to accrue during a long-term unpaid leave of absence.

Replaces: 3354:2-20-55

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98, 3/6/03

3354:2-20-56 Employee development.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

Full-time

     

x Partial-year

Partial-year

     

x Part-time

Part-time

     

(A) Types of employee development programs

(1) In-service training

Mandatory training initiated, sponsored and paid for by the college to provide employees with specific knowledge and skills directly related to enhancing job performance.

(2) Knowledge and Skills Enhancement Training

External programs (not specific to, or limited to, college employees) such as seminars and workshops, approved by the supervisor of record and attended voluntarily by an employee for the purpose of enhancing job performance.

(B) Conditions governing employee development programs

(1) Training shall normally occur during regular working hours. When it is mandated that the employee attend when not regularly scheduled to work, staff employees will be compensated in accordance with the overtime provisions of policy 3354:2-20-36, of the Administrative code overtime/comp time.

(2) All expenses attendant to either form of training noted above will be the responsibility of the college. All materials and equipment related to the program will remain the property of the college.

Replaces: 3354:2-20-56

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00

3354:2-20-57 Professional developmen leave for /administrators and /supervisory/professionals.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

Full-time

Full-time

     

Partial-year

Partial-year

     

Part-time

Part-time

     

(A) Eligibility requirements

Completion of seven full years of paid college employment either from date of hire or date of last professional leave.

(B) Conditions governing the leave for professional development

(1) The purpose of the leave is strictly for professional development.

The employee's application for leave, directed to the President, should specify the activities proposed; whether the request is for paid or unpaid leave; and the anticipated benefits to the college.

(2) The leave may not exceed one hundred twenty calendar days.

(3) The leave must be approved sixty days in advance of start by the board of trustees.

(4) All employment benefits shall be continued in full force during the leave.

(5) The leave recipient must return to the college following the leave and complete a year's full-time service or reimburse the college for the full amount of salary paid to him/her during the course of the leave, unless the employee is not able to return to work for medical reasons that are documented with appropriate physician statements.

(6) A report shall be made to the board of trustees at one of its regular meetings following the completion of the leave.

Replaces: 3354:2-20-57

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/00, 3/6/03

3354:2-20-58 Military leave.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) General conditions governing military leaves

(1) College administrative approval is required prior to the commencement of any leave from work. The college retains the right to require evidence of the initial and on-going need for such a leave; rescind approval of a leave prior to its conclusion; and establish limits and conditions as necessary for employees returning from leaves.

(2) Request for the leave must be presented in advance, in writing, to the attention of the supervisor of record specifying the purpose and expected duration of the leave.

(3) College-paid employee benefits will be continued for the duration of paid leaves.

(4) Failure to return to work at the end of the approved leave will be construed to be a resignation.

(5) At the conclusion of the leave, the employee will return to the former position, or to another position (possibly in a different department or shift) in the same classification, unless the former position has been eliminated due to lack of work or funds.

(B) Duration and frequency of military leaves

Full-time continuing and temporary,Partial-yearcontinuing and temporary, and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) administrative, supervisory/professional and staff employees are eligible for thirty one calendar days of paid leave of absence annually to participate in an armed forces program. The employee must document that his/her participation is necessary to maintain rank or standing within such organization.

The number of hours paid per day of leave for part-time employees is based on the full-time equivalency (times eight hours per day).

Replaces: 3354:2-20-58

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/1994

3354:2-20-59 jury duty.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Full-time continuing and temporary,Partial-yearcontinuing and temporary, and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) administrative, supervisory/professional and staff employees shall be granted jury duty leave with pay provided that the payment for jury duty services shall be turned over to the college cashier within five working days of the receipt of such payment. Under exceptional circumstances the college will request a deferment of jury duty for an employee.

(B) Eligible employees may be granted paid court leave by the vice president for administrative services for court appearances judged to be in the public interest provided that such leave will not be granted when the employee is a plaintiff or defendant in the court action.

(C) Employees are expected to report for work all or part of any day they are not actually engaged in jury duty or court proceedings.

Replaces: 3354:2-20-59

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/1994

3354:2-20-60 Holidays.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Eligible employees

Full-time continuing and temporary; Partial-year continuing and temporary; and part-time continuing and temporary (in positions of greater than six months and five hundred twenty hours of continuous employment) administrators, supervisory/professionals and staff.

(B) Official college holidays

New Year's day

Martin Luther King day

President's day

Memorial Day

Fourth of July

Labor day

Veteran's day*

Thanksgiving

Day after Thanksgiving

Christmas day

Floating day - to be announced by the president of the college no later than September fifteen for the current year. The floating holiday is to be declared for only the Christmas/New Year period.

* Effective for the 2000-2001 academic year.

(C) Conditions governing payment for holidays

(1) The holiday is considered to be the twenty four -hour period starting with the employee's starting time on the calendar day on which the holiday is observed.

(2) When a holiday falls on a Saturday, the Friday before is observed instead. If the holiday falls on a Sunday, the Monday following is observed.

(D) When a holiday occurs on a regularly scheduled day off

If the holiday is observed by the college on a day which an employee would normally be off, he/she shall receive, upon approval by the supervisor, an equivalent period off as near to the holiday as possible.

(E) Payment for hours worked on a holiday

Staff employees eligible to receive holiday pay who are required to work on the holiday will receive the holiday pay plus their regular rate of pay for hours actually worked.

Replaces: 3354:2-20-60

Effective: 9/24/2006
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 3/4/1999, 5/3/2004

3354:2-20-70 Personnel files.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) The college shall maintain an official personnel file for each employee. Personnel files will be maintained in the human resources department under the auspices of the Vice president for human resources and organizational development.

(B) The contents of an employee's personnel file shall be limited to those documents essential to the employment, assignment, compensation, and evaluation of the employee.

In accordance with the Americans With Disabilities Act, documents containing or referencing an employee's physical condition will be maintained in a file separate from the personnel file.

(C) If an employee disputes the accuracy of information in his/her personnel file, then the employee may request the vice president for human resources and organizational development to investigate, within a reasonable period of time, the validity and/or the appropriateness of having the information in the file.

(1) The vice president for human resources and organizational Development shall determine what action to take with respect to the disputed information and shall so inform the employee.

(2) If the employee disagrees with the vice president's determination, he/she may include a short statement explaining his/her position in the file.

Replaces: 3354:2-20-70

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/2000, 3/6/2003

3354:2-20-71 Attendance.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     
x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Attendance standard

The college has established the acceptable rate of absenteeism to be ten or less days per year, exclusive of college-approved, long-term leaves of absence.

(B) Violation of standards

(1) Excessive absenteeism

(a) Employees exhibiting a pattern of excessive and/or unwarranted absenteeism will be subject to corrective action.

(2) Failure to notify supervisory of an absence

An employee who fails to request or notify his/her supervisory of record of an absence in a fashion established in rules 3354:2-20-52, 3354:2-20-53, 3354:2-20-54, 3354:2-20-58, and 3354:2-20-59 of the administrative code and/or in accordance with departmental procedures, shall not be eligible for use of accrued benefit hours and, after three consecutive days, may be subject to termination.

Replaces: 3354:2-20-71

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 7/7/1994

3354:2-20-72 Drug and Alcohol-Free Workplace.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) It is the policy of Lakeland community college to provide and maintain a drug and alcohol-free campus in recognition of the adverse effects of alcohol and illicit drugs on employee and student health, safety, and performance. The term "drug" refers generally to any controlled substance of which the sale or possession is prohibited by law.

(B) Any unlawful possession, distribution, or use of drugs is prohibited throughout college property or as part of any of its activities. Violators are subject to criminal prosecution in accordance with all applicable statutes.

(C) All employees and students must adhere strictly to the college's drug and alcohol-free policy. Violation of this policy will result in appropriate disciplinary action consistent with local, state, and federal laws. As a condition of employment, an employee will notify the vice president for human resources and organizational development in writing of any criminal drug statute conviction for violation occurring in the workplace no later than five calendar days after such conviction.

(D) The vice president for human resources and organizational development will annually distribute to all employees a written statement informing them of the college's drug and alcohol-free policy and their responsibilities under this policy, and a description of health risks associated with the use of illicit drugs and the abuse of alcohol. The Vice President for human resources and organizational development will also provide information relative to local, state, and federal laws pertaining to legal sanctions on alcohol or illicit drug use.

(E) The director of student development and dean of students will annually inform students that information concerning the college's drug and alcohol-free Policy is available in the admissions office, health services, and student services.

(F) The vice president for human resources and organizational development shall be designated as the college's compliance officer for the purpose of implementing and enforcing the provisions of this policy.

(G) This policy has been promulgated and shall be maintained in accordance with the Drug-Free Schools and Communities Act Amendments of 1989 ( PL 101-226 ).

Replaces: 3354:2-20-72

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/2000, 3/6/2003

3354:2-20-73 Communicable disease.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) An employee with a communicable disease, or who is a carrier of a communicable disease, shall be permitted to retain his/her position whenever, through reasonable accommodation, there is no significant risk of transmission of the disease to others. An employee who cannot retain his/her position shall remain subject to the Board's employment policies including but not limited to sick leave, personal leave, parental leave, and unpaid leave.

(B) A student who has a communicable disease, or who is a carrier of a communicable disease, will be allowed to participate in educational programs unless such a communicable disease constitutes a direct threat to the health and/or safety of the students or others or has a direct effect on the student's ability to perform so as to render the student not qualified for the program or course of study. No person who has a communicable disease or who is a carrier of a communicable disease shall be denied the use of college facilities or services whenever, through reasonable accommodation, there is no significant risk of transmission of the disease to others.

(C) The president is authorized to establish rules and regulations designed to implement this policy.

Replaces: 3354:2-20-73

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/2000

3354:2-20-74 Sexual harassment or harassment.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

It is the policy of Lakeland community College, in compliance with Title VII of the Civil Rights Act, state law, and the Campus Safety Act, as amended, to provide an educational environment and workplace free of harassment of all kinds, including, but not limited to, sexual harassment:

(A) Sexual harassment is defined as unwelcomed or unsolicited sexual advances, requests or demands for sexual favors or other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicit or implicitly a term or condition of an individual's employment (including hiring or retention) or student status.

(2) Submission to or rejection of such conduct is used as the basis for decisions affecting that individual in regard to employment (raises, job or work assignments, discipline, etc.) or to student status (grading, references, assignments, etc.).

(3) Sexual harassment or harassment has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creates an intimidating, hostile, or offensive work and/or educational environment.

(B) Sexual harassment or harassment is considered a misconduct and will subject an employee or student to disciplinary action consistent with Board policy, administrative procedures, and appropriate law.

(C) Consistent with the Campus Safety Act, the college will provide for proactive educational programming, assistance to victims of sex offenses, and procedures for notification of appropriate administrators when an offense occurs.

Replaces: 3354:2-20-74

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/1998, 3/6/2003

3354:2-20-75 College resources and personal purchases.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) The consumption of college resources, without reimbursement, for personal business or personal gain is prohibited.

(B) Personal purchases of goods through or in the name of the college, unless specifically permitted, are prohibited.

Replaces: 3354:2-20-75

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/11/1996

3354:2-20-76 Grievance policy for staff employees.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

Full-time

Full-time

Full-time

Temporary

Partial-year

Partial year

  

Part-time

Part-time

Part-time

     

staff

staff

     

x Full-time

Full-time

     

x Partial-year

Partial-year

     

x Part-time

Part-time

     

A grievance is defined as an alleged violation or misapplication of a policy or procedure established in this manual or a departmental procedure approved by the vice president for human resources and Organizational Development which has been detrimental to the employee. Equal employment opportunity related complaints shall be handled through a separate procedure.

Replaces: 3354:2-20-76

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/1998, 3/6/2003

3354:2-20-77 Employee safety.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) It is the policy of the college to provide a safe working environment for all college employees.

(B) Responsibility for implementation

(1) The president shall have the ultimate responsibility for ensuring the safety of employees in the college.

(2) The operating responsibilities to implement and evaluate the employee safety program are to be assigned by the president.

(C) It is the responsibility of all college employees to become familiar and to comply with applicable federal, state and college procedures on employee safety, participate in required training sessions, and to behave in such a manner that they assure their own safety as well as the safety of co-workers.

(D) Employees who fail to comply with college policy and procedures or departmentally established safe work practices will be subject to disciplinary action up to and including termination.

(E) Lakeland's employee safety policy shall be widely disseminated to all the employees.

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/11/1996

3354:2-20-78 Computer and computer-related equipment/financing.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

Full-time

x Full-time

Temporary

x Partial-year

Partial year

  

Part-time

x Part-time

Part-time

     

staff

staff

     

x Full-time

Full-time

     

x Partial-year

Partial-year

     

x Part-time

Part-time

     

(A) The board of trustees authorizes the interest-free financing of computer and computer-related equipment for continuing full and part-time employees after six months of employment.

(B) Financing of computer and computer-related equipment may be handled through payroll deductions over a period not to exceed thirty months nor an outstanding balance of three thousand dollars ( two thousand dollars if the employee is continuing, part-time).

(C) Any outstanding computer and computer-related loan must be repaid prior to an employee's termination or retirement date.

Replaces: 3354:2-20-78

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 12/7/2000, 3/6/2003

3354:2-20-79 Nepotism.

Continuing Admin. & S/P

Temporary Admin. & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

x Full-time

x Temporary

x Partial-year

x Partial year

  

x Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

Nepotism policy

(A) For those employees hired or promoted after April 1, 2003, the college does not allow employment of relatives in the same department or administrative unit.

(B) For the purpose of this policy, relatives are defined as brother, sister, mother, father, wife, husband, son, daughter, brother-in-law, sister-in-law, mother-in-law, father-in-law, step-child, step-parent, aunt, uncle, first cousin, grandparent and grandchild.

Replaces: 3354:2-20-79

Effective: 4/14/2013
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates:102/7/00, 3/6/03, 5/3/04

3354:2-20-80 Post retirement employment program.

Continuing Admin & S/P

Temporary Admin & S/P

Tenure-track Faculty

Non-tenure track Faculty

x Full-time

x Full-time

Full-time

Temporary

x Partial-year

x Partial-year

  

Part-time

x Part-time

x Part-time

     

staff

staff

     

x Full-time

x Full-time

     

x Partial-year

x Partial-year

     

x Part-time

x Part-time

     

(A) Retirement defined

"Retirement" means the voluntary separation of employment from a position covered by the school employees retirement system of Ohio ("SERS") or school teachers retirement system of Ohio ("STRS"), or the alternative retirement plan ("ARP") effective January 1 through July 1, 2013, for purposes of commencing disability or service retirement and receiving retirement benefits from SERS or STRS.

(B) Retiree defined

A "retiree" is an individual whose disability or service retirement from a position covered by SERS or STRS or ARP becomes effective January 1 through July 1, 2013.

(C) Post retirement employment defined

"Post retirement employment" means the re-employment of a retiree who, in accordance with the terms of this policy, retired from a position covered by SERS or STRS or ARP, effective January 1 through July 1, 2013, and is receiving retirement benefits from SERS or STRS or ARP.

(D) Rehired retiree defined

A "rehired retiree" is a retiree who elects to participate in post-retirement employment.

(E) Affiliate classification defined

"Affiliate classification" is the employment classification of a rehired retiree.

(F) Required break in service

(1) Administrators and supervisory/professionals in grade six or above

Post- retirement employment will commence on or before January 4, 2013, following a required break in service of at least one day after the last paid workday.

(2) Administrators and supervisory/professionals in grade five 5 or lower

Post-retirement employment will commence between January 3 and August 30, 2013, following a required break in service of up to sixty days after the last paid workday.

(3) Staff

Post- retirement employment will commence between January 3 and August 30, 2013, following a required break in service of up to sixty days after retirement.

(G) Salary and employment status

(1) Administrators and supervisory/professionals

(a) A rehired retiree shall be compensated at ninety per cent of his or her final annual salary at the time of retirement.

(b) A rehired retiree's employment status shall be equivalent to his or her status at the time of retirement, unless the President has approved reduced FTE status.

(c) The period of post-retirement employment shall be based on a calendar year (January through December).

(d) The first year of post- retirement employment will continue to December 31, 2013 (pending satisfactory performance and no issue of cause requiring separation).

(e) Any adjustments to the salary of a rehired retiree subsequent to December 31, 2012 shall be based on merit and may be made to the base pay rate or as a one-time bonus.

(f) After December 31, 2013, a rehired retiree must give notice of his or her intent not to continue post retirement employment no later than ninety ninety days before the date of employment separation.

(g) Notice by the college of its intent not to continue employment of a rehired retiree after December 31, 2013, must be given no later than days before the date of employment separation.

(2) Staff

(a) A rehired retiree shall be compensated at eighty per cent of his or her final salary at the time of retirement.

(b) A rehired retiree's employment status shall be equivalent to his or status at the time of retirement, unless the president has approved PTE status

(c) The period of post retirement employment shall be based on a year (January through December).

(d) The first year of post retirement employment will continue to 31, 2013 (pending satisfactory performance and no issue of cause requiring separation).

(e) Any adjustments to the salary of a rehired retiree subsequent to December as a one-time bonus

(f) Rehired retirees who are staff employees are not covered by provisions of rule 3354:2-20-07 : of the administrative code Seniority, Lay-off, Reinstatement of Staff Employees."

(g) After December 31, 2013, a rehired retiree must give notice of his or her intent not to continue post-retirement employment no later than ninety days before the date of employment separation.

(h) Notice by the college of its intent not to continue employment of a rehired retiree after December 31, 2013, must be given no later than ninety day's before the date of employment separation.

(H) Vacation leave

(1) Any unused, accumulated vacation leave will be paid to the employee at his or her current hourly rate at the conclusion of the last month worked prior to retirement, in accordance with rule 3354:2-20-52 of the administrative code .

(2) During the period of post-retirement employment, a rehired retiree will accrue vacation leave at the rates of accrual set forth in rule 3354:2-20-52.ofthe administrative code The rates of vacation accrual for rehired retirees shall be based on cumulative years of service, including service prior to retirement.

(3) At the conclusion of the period of post-retirement employment, a rehired retiree will be paid, at his or her current rate, for accrued, unused vacation leave, in accordance with rule 3354:2-20-52.ofthe administrative code

(I) sick leave

(1) Any unused, accumulated sick leave shall be carried forward and available for the rehired retiree's use during the period of post retirement employment.

(2) During the period of post retirement employment, a rehired retiree shall accrue sick leave at the rate of accrual set forth in rule 3354:2-20-53.ofthe administrative code

(3) At the conclusion of the period of post retirement employment, the cash value (at the current rate of pay) of twenty-five percent of the rehired retiree's unused, accumulated sick leave hours (up to a maximum of 240 hours) will be paid to the rehired retire, in accordance with the terms of rule 3354:2-20-53.ofthe administrative code

(J) Insurance benefits

(1) An employee who elects to participate in post-retirement employment who is reemployed in a position eligible for insurance benefits will receive such benefits in accordance rule of the administrative code

(K) Other benefits

Except for those policies and procedures addressed herein, Affiliate status employees are included in all other college policies related to administrators and supervisory professionals, full time staff and part time staff.

(L) Participation process

(1) In order to elect to participate in post-retirement employment, a retiring must employee :

(a) Submit written notice of retirement to the human resources department by December 3, 2012.

(b) Submit a service retirement application to SERS or STRS or ARP (whichever is applicable) by December 3, 2012.

(c) Submit a request to participate in the post retirement employment to the human resources department by December 3, 2012.

(d) Submit any additional documentation required by the board to the resources department by December 3, 2012.

(2) If, during post- retirement employment, the rehired retiree will occupy the same position held prior to retirement and that position is one customarily filled by a vote of the board, then:

(a) The board shall give public notice that the person is or will be retired and is seeking reemployment at least sixty days before the board approves or denies post-retirement employment; and

(b) The Board shall hold a public meeting regarding the post retirement reemployment of the person between fifteen and thirty days before the Board approves or denies post retirement employment.

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: