Chapter 3357:12-3 Employees; Office Work Hours; Title IX Policy; Wages

3357:12-3-01 Full-time employee - definition.

A full time employee is defined as an individual employed on a forty hour per week, nine-, ten-, eleven-, or twelve-month basis per fiscal year; or an individual employed an average of not less than thirty hours per week on a twelve month contract shall be considered a full time employee.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-02 Part-time annual employee - definition.

A part time annual employee is defined as an individual employed for a minimum of twenty hours but less than thirty hours per week employed under an annual contract. Part time annual employees are eligible for selected benefits on a prorated basis.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-03 Exempt and non-exempt personnel definition.

(A) The Fair Labor Standards Act requires overtime payment for hours worked in excess of forty hours per week. The Fair Labor Standards Act identifies two classes of employees: exempt and non-exempt.

(B) Exempt and non-exempt status determines overtime eligibility. See section 300.20 - overtime and services performed - of the 2005 employee handbook.

(C) Each job description is reviewed and determined exempt or non-exempt according to the guidelines of the Fair Labor Standards Act 2004.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-04 Normal work week.

For non-exempt employees, the normal work week consists of forty hours. An individual's work schedule is determined by the authorized administrator with the approval of the appropriate senior administrator. As institutional needs change, individual work schedules may be altered. If an employee's normal work schedule is to be changed for a period of more than two weeks' duration the employee should be notified at least thirty calendar days in advance per of the Revised code section 124.18 )

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-05 Office hours.

Offices normally operate from eight a.m. until five p.m. with flexible and extended office hours in select offices. Lunch breaks are to be scheduled for one hour each day. All supervisors must provide the opportunity for their employees to take a fifteen-minute break in the morning and in the afternoon. Break times are not to be added onto the end of the lunch period nor at the end of the day. If the employee chooses not to take a break, that is his or her decision. Supervisors may choose to be flexible by permitting lunch periods of less than one hour, however, the employee is still expected to work eight hours during the day and the office must be open until five p.m. Shortened lunch breaks will not be authorized if it hampers the ability of the college to keep the office open until five p.m. For example, the supervisor authorizes a forty-five minute lunch break. The employee would work from eight a.m. until forty-five minutes after four p.m. Some offices operate on unusual schedules.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-06 Drug-free workplace policy and procedures.

Zane state college, in coordination with the Omnibus Anti Drug Abuse Act of 1988 and specifically in compliance with the Drug Free Workplace Act of 1988 Pub. L. No. 100 690, 5151 5160, is committed to providing a drug free workplace for all employees.

The following policy is effective immediately for all employees as a condition of employment at the college:

(A) Employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812 and as further defined by regulation at 21 CFR 1300.11 through 1300.15, and the abuse of alcohol and unlawful use, sale, etc. of prescription drugs in the workplace at Zane state college.

(B) Employees are required to notify Zane state college of any criminal drug statute conviction for a violation occurring at the college no later than five days after that conviction.

Failure to abide by this college policy will result in immediate disciplinary probation status for the employee and possible termination of employment. If an employee is in violation of paragraph (A) of this rule, he or she has available the "Grievance Policy" of the college.

(C) In compliance with federal regulations, Zane state college will provide a drug free workplace. Toward this end, the college will:

(1) Publish a policy statement stating that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcohol is prohibited on campus or at college activities off campus.

(2) Conduct drug and alcohol awareness programs concerning:

(a) The health risks associated with the use of drugs and abuse of alcohol;

(b) The desire of Zane state college to maintain a drug free workplace;

(c) The availability of drug use and alcohol abuse counseling, rehabilitation, and employee assistance programs;

(d) The penalties that may be imposed upon employees for drug use or alcohol abuse violations occurring in the workplace.

(3) Provide a copy of the policy statement and procedures to all employees at the college.

(4) Impose sanctions consistent with local, state, and federal law up to and including termination of employment and referral for prosecution for violations.

(5) Have available in the human resources department:

(a) A description of the applicable legal sanctions under local, state, and federal law for unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance and alcohol,

(b) Health risks associated with the use of controlled substances and abuse of alcohol, and

(c) Availability of drugs and alcohol counseling treatment and rehabilitation programs.

(6) Notify employees that as a condition of employment they will:

(a) Abide by the terms of the policy and procedures, and

(b) Notify the college of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

(7) Notify the appropriate federal agency providing a grant to the college within ten days after receiving notice under paragraph, (C)(6)(b) of this rule from an employee or otherwise receiving actual notice of a workplace drug conviction.

(8) Within thirty days of receiving such notice, the college will:

(a) Take appropriate personnel action up to and including termination, or

(b) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

(9) Make a good faith effort to continue to maintain a drug free workplace through implementation of the above.

(D) The human resources department will monitor the implementation and operation of these procedures.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-07 Employee disciplinary action.

(A) The purpose of employee disciplinary action is to modify or correct unacceptable employee behavior. This unacceptable employee behavior may be disregard of college policy, failure to complete job assignments, unsatisfactory job performance, or other behavior unacceptable in the work environment. The disciplinary action will be progressive: verbal warning, written reprimand, disciplinary probation, and termination. The first three levels of disciplinary action may be grieved using the college's grievance policy.

(B) In cases of verbal warnings or written reprimands, a copy of the action and brief description of the deficiency will be placed in the employee's personnel file and a copy sent to the employee. An employee may choose to place a written response in their personnel file. Notification of a verbal warning and a written reprimand may be pulled from the personnel file based upon the professional judgment of the immediate supervisor at any time but no later than twelve months from the date of issuance. A disciplinary probation note will be maintained in the personnel file a total of twenty-four months, unless removed earlier by the supervisor as indicated above. See "Formal Steps for Termination Employment", policy 300.11 of the Zane state college employee handbook.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-08 Employment, termination and salary of employees.

The president is granted the right and authority to direct employees of the college: to hire, promote, transfer, assign, and retain employees as well as to suspend, demote, terminate, and take other disciplinary action; to reduce employees for any reason including lack of work or other legitimate reasons to maintain the efficiency of the college operation entrusted to him or her; to determine the methods, means and personnel by which such operations are to be conducted; to take whatever actions may be necessary to carry out the mission of the college in situations of emergency; to determine the salary to be awarded to each employee based upon the salary schedule or salary structure approved by the board of trustees and in keeping with the criteria and procedures for promotion as approved by the board of trustees.

The college will give employees notice in writing of the rescinding of an appointment. The college will endeavor to inform the employee sixty days prior to the date of rescindment. However, there may be times when circumstances do not permit that length of time. In general, causes for discipline or termination relate to failure to meet acceptable standards of conduct or performance. Causes relating to termination include but are not limited to the following actions.

(A) Professional incompetence or failure to maintain an acceptable quality of job performance.

(B) Insubordination or refusal to perform duties properly assigned as part of the employee's obligations to the college.

(C) Willful violations of stated rules and policies of the college or willful damage to college property.

(D) An act involving moral turpitude, punishable by a criminal statute of the state of Ohio. This includes serious misconduct of a moral, social, or physical nature unbecoming of a professional.

(E) Others

It is impossible to detail all potential reasons for termination. Among them are unheeded reprimands, gross neglect of work or duty, unsatisfactory completion of probationary period, or acts that jeopardize the safety of others.

When all criteria for employment have been met, the president has the authority to employ personnel within budgetary limits as established by the board of trustees. The president and the secretary of the board of trustees are authorized to issue and sign appointment letters on behalf of the board of trustees.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-14 Equal employment and affirmative action.

It is the policy of Zane state college to insure that applicants and employees are treated during the employment process without regard to their race, color, religion, sex, age, disability, national origin, ancestry, or being a disabled veteran or a veteran of the Vietnam era. Such action will include, but not be limited to, the following: employment, upgrading and promotion, demotion or transfer, layoff or termination, raises of pay or other forms of compensation, selection of training, and participation in the decision making process. The board directs the administration to insure that all applicants and employees are considered in hiring, placement, job assignment, training, and promotion.

Specific equal employment opportunities "EEO" steps to be taken immediately by the Zane state college board of trustees and the Zane state college administration include, but are not limited to, the following:

(A) This "EEO" statement shall be disseminated within the organization so that all employees clearly recognize hiring and promotional opportunities.

(B) The board directs the administration to disseminate its equal employment and advancement policy to the news media for external publication.

(C) The board directs the administration to keep active for one year all applications of persons who are acceptable for employment and to give all possible considerations to them for subsequent employment. The administration will maintain the application materials for one year.

(D) The board directs the administration to review and evaluate the progress of college employees periodically and to ascertain that every reasonable effort is being made to encourage and assist employees in achieving their greatest potential.

(E) The board affirms that all college facilities and all college sponsored activities are available for the use of all qualified employees, students, and public without regard to race, color, religion, sex, national origin, ancestry, age, or disability.

(F) The board shall continually monitor the activities of the college to ensure that these "EEO" programs are being carried out. The board shall add, when necessary, affirmative action activities to this order.

(G) The "EEO" officer, as designated by the president, shall be the responsible equal opportunity official representing the college.

(H) In all recruiting, the board shall take active steps to recruit employees from minorities and non minorities who are unemployed or underemployed.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-15 Conflict resolution policy.

Most workplace issues and problems are resolved through direct and clear communication between parties. Employees should discuss such problems with his or her direct supervisor, who is the key person in all communications involving the employee's work. However, there are times when support or consultation is needed and employees may choose to address his or her concerns through a more formal procedure. Employees who wish to choose a more formal procedure may select the following conflict resolution policy to resolve more serious workplace-related problems. Employees who initiate use of the conflict resolution policy may withdraw the submission at any point in the process.

This policy typically applies to the application, misapplication, or non-application of a college policy or practice. This policy does not apply to performance reviews, issues related to compensation and benefits, and terminations. See human resources regarding these matters.

(A) Level one: An employee initiating the conflict resolution process should first resolve the matter with his or her direct supervisor. At this juncture, the matter will be most likely resolved via one or more verbal conversations.

Note: if the nature of the problem has precluded a discussion with the supervisor, for example, the problem could be with the supervisor, the employee can skip levels one and two and move directly to level three.

(B) Level two: An employee who is not satisfied after the initial verbal conversations, may present the problem in writing to the supervisor, advising that he or she is initiating the conflict resolution process as outlined in this policy. The employee is to copy the office of human resources and this written documentation will be retained in the office of human resources and handled in a confidential manner.

The supervisor will evaluate the problem and respond within five business days. The resolution will occur within this time frame unless the supervisor believes the circumstances warrant additional investigation.

(C) Level three: After reviewing the supervisor's response, should the employee not feel the problem is satisfactorily resolved the employee may refer the problem in writing to the next appropriate level of management. The employee should make arrangements to meet with the manager or his or her designee. The employee may bring a support person to this meeting, for example, co- worker, family member. This support person is to be disclosed to the office of human resources at least one-day prior to the meeting.

The manager will reply to the employee within seven business days of the meeting unless the manager believes further inquiry is required. Most resolution will occur within this time frame.

(D) Level four: Employees who deem a manager's response unsatisfactory may refer the matter in writing to the "Conflict Review Committee" through the human resources office. This committee includes the senior staff member of the employee's departmental area, the director of human resources, the chair of the faculty senate and the chair of the staff senate or their designee, and one other member appointed by the president. The president's appointee should be from the employee's employment group, for example, faculty, staff, or administrator. If the problem involves any of the committee members, the president will appoint a different committee member.

The "Conflict Review Committee" typically consults with the employee and other parties involved, and will render a decision within twn business days after beginning its review of the case. The decision of the "Problem Review Committee" is final and binding. The committee will share the results of the process with the president, and with the employee.

While this policy is intended to address all foreseeable workplace circumstances, it is recognized that not all situations may have been identified. Thus, the supervisor, department head, or division head, may request exceptions to the processes defined above. Exceptions to the above process will be determined after consultation with the appropriate division head and the director of human resources.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-16 Title IX policy.

Anti-discrimination, harassment and sexual misconduct

(A) Purpose. Zane state college strongly opposes and will not tolerate any form of harassment or discrimination, which includes sexual misconduct, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The college will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.

The college recognizes all employees and students should be able to work and learn in safety and dignity and should not have to endure insulting, degrading, or objectionable treatment. Any individual within the college community, including third parties, who files a complaint or participates in an investigation shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.

Discrimination, harassment, and sexual misconduct are illegal. This policy and the associated procedures are not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon rights protected by the First Amendment of the United States Constitution, including academic freedom.

(B) Application. This policy and the associated procedures are applicable to all aspects of college operations and programs. It applies to all college students and employees, including student-employees, faculty, and staff. It also applies to all vendors, contractors, subcontractors, and others who do business with the college.

(C) Reporting. Any person who believes he or she has been a victim of discrimination, harassment, or sexual misconduct is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual. Reports can be made directly to the vice president for student services, the director of campus safety and security, or the director of human resources. The director of human resources serves as the Title IX officer. Alternatively, a victim may report the behavior to any college faculty or staff member.

(D) Any college employee, as designated in paragraph (C) of this rule, who has received a report or who has knowledge of discrimination, harassment, or sexual misconduct must promptly inform Title IX officer or the director of human resources, who will be available to respond to any questions or concerns regarding this policy and associated procedures.

(E) Action. Each report of discrimination, harassment, or sexual misconduct will be promptly and impartially investigated. Interim measures to prevent continued discrimination, harassment, or sexual misconduct during the complaint investigation will be considered and implemented as deemed appropriate. If the college determines there is reasonable cause to believe that a violation of this policy has occurred, the college will take action to provide appropriate relief to the victim, to prevent future discrimination, harassment, and to remedy discriminatory effects. This may include disciplinary action against the accused, as outlined in applicable student and employee conduct and disciplinary policies, procedures, and guidelines, as well as associated procedures implemented pursuant to this policy.

(F) Compliance. The office of human resources is the college's designated office for compliance with federal statutes including Titles VI, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act for students, Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans' Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

(G) Implementation. The director of human resources, the vice president for student services, and the director of campus safety and security will jointly implement procedures and forms, which are consistent with the provisions of this rule.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-18 Outside employment and consultant work.

The college recognizes the potential mutual benefits to the college and to employees regarding selected professional employment outside or beyond that provided by Zane state college. Prior written approval from the immediate supervisor, senior administrative officer, and the president utilizing the "Zane State College-28 form" located in the Zane state college employee handbook appendix reference guide, in duplicate, is required before an employee may enter upon such activity. Employment may be approved:

(A) on the condition that performance of Zane state college duties will not be reduced, and it will be conducted on a completely non-interference basis, and

(B) if the employment is considered not to be in conflict of interest with the best interest of the college and is in compliance with sections 2921.42 and 2921.43 and Chapter 102. of the Revised Code. Reasonable involvement in outside employment relating to the area being taught by a faculty member may be recommended as a part of a faculty member's program for professional growth and development. In cases of continual outside employment, a "Zane State College-28 form" located in the Zane state college employee handbook appendix reference guide, should be submitted each year along with the employee's contract.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3 357
Rule Amplifies: 3357

3357:12-3-19 Overtime and services performed.

(A) Forty hours shall be the standard work week for all employees, exempt and non exempt. When non exempt employees are required by an authorized administrator to work more than forty hours in any calendar week, they shall be compensated for such time worked at one and one half times the regular rate of pay or at one and one half times compensatory time off in lieu of overtime pay.

(B) If the non exempt employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted by his or her authorized administrator at a time mutually convenient to the employee and the college within fifty working days after the overtime is worked. Between the fifty-first and sixtieth working day, the administrator may assign compensatory days off. If the employee is unable to use the compensatory time within the sixty working days, they will be granted the overtime pay. All overtime work must be authorized and approved in advance in writing by the appropriate senior administrative officer. Each department supervisor shall keep a written record of overtime worked and compensatory time taken on a standard form.

(C) Under the Fair Labor Standard Act Amendments of 1985, the maximum compensatory time that may be accrued is two hundred forty hours. Once a non exempt employee exceeds two hundred forty hours on compensatory time, the employee must be paid for each hour over the maximum.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-20 Personnel records.

(A) Personnel records are governed by the Public Records Act in section 149.43 of the Revised Code. All employees will have access to their own personnel files for review when they request it. The college will not maintain records of the race, religion, sex, or national origin of employees except as required by a federal or state court or agency or federal or state law or regulation concerning programs designed to eliminate discrimination. An employee has the right to correct, ask for a deletion, or write a statement of disagreement with any item in the file in the presence of a human resources representative. He or she, however, may not remove any item from the file.

(B) The college maintains a separate medical insurance records file for each employee.

The college will provide employees copies of their medical insurance records upon request unless a physician has certified that doing so will cause serious medical harm to the employee; in which case copies of records will be released to a physician designated by the employee. Medical records may also be released to the state workers' compensation office and medical insurance companies in accordance with state law. Individuals tested for the HIV virus and results of such tests or information identifying individuals diagnosed as having AIDS or AIDS-related conditions will not be released except in accordance with sections 3701.243 and 3701.248 of the Revised Code to the extent the Revised Code is consistent with the Americans with Disabilities Act.

(C) It is important that your personnel file is accurate and up to date. Please notify the human resources department of any changes in the following:

Name or Address

Marital status

Telephone number

Person(s) to notify in case of an emergency

Dependents

Medical plan coverage

Beneficiaries

Courses and degrees completed

Tax information

STRS/SERS/ARP information

Annuity information

(D) All requests for information about a current, retired, or terminated employee must be referred to the human resources department. The human resources director may disclose to prospective employer's, dates of employment, final title or position and job location, and final salary without authorization from the employee. The college may, but does not have to, release additional information at the employee's request. Employees requesting further disclosure of employment information must sign a release form. This holds true other than for a request pursuant to section 149.43 of the Revised Code.

(E) Information will also be given to duly authorized requests from law enforcement agencies, including investigations, summonses, subpoenas, and judicial orders. The college need not inform an employee that personal information has been disclosed to law enforcement agencies if it concerns an investigation into the employee's on-the-job conduct, especially when the employee's actions endanger other employees or college security and property.

(F) The college will retain its duties and privileges as an employer consistent with good business practices. This includes the collection, retention, use, disclosure, and confidentiality of employee information.

(G) A copy of the "Zane State College Employment Contract and Administrative and Professional and Faculty Addendum" are available on the college's network via the common drive.

(H) The human resources department also issues the employee parking decals, identification cards, and employee handbook upon hire.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:12-3-21 Fair Labor Standards Act and wage payment policy.

(A) It is the policy of Zane state college to comply with all applicable state and federal laws with respect to payment of wages and benefits to employees including laws such as the federal Fair Labor Standards Act and the Ohio Minimum Wage Law. Zane state college will not make pay deductions that violate either the federal or state laws.

(B) Any employee who believes that Zane state college made an inappropriate deduction or failed to make proper payment regarding wages or benefits is encouraged to immediately consult with the appropriate supervisor. Alternatively, any employee may file a formal written complaint with the director of human resources. Within fifteen business days of receiving the complaint, the director of human resources will make a determination as to whether the pay deductions were appropriate and provide the employee with a written response that may include reimbursement for any pay deductions that were not appropriately made. This complaint procedure is available in addition to any other complaint process, which also may be available to employees.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357