Chapter 3357:15-14 Employment and Recruitment

3357:15-14-01 Employee classification system.

The five occupational categories of Stark state college employees conform to the wage and hour provisions of the Fair Labor Standards Act and the applicable provisions of the Ohio Revised Code. It may be possible for an employee to hold more than one position or appointment and thus be assigned to more than one occupational category.

(A) Administrative and Professional. This category consists of two major divisions.

(1) Administrative: those positions where the primary responsibilities include planning, organizing, controlling and supervising an instructional or operational area within the college.

(2) Professional: those positions where the primary responsibilities require the performance of varied intellectual work and a functional knowledge of advanced theoretical principles and practices in a specific professional area other than instruction.

(B) Instructional. This category comprises those positions where the primary responsibility is instructing students. This includes such activities as classroom and laboratory instruction, individual student performance and field-experience supervision, and student advising.

(C) Technical/paraprofessional. This category includes those positions other than instruction, serving a support role where primary responsibilities include the solving of practical problems encountered in broad fields of specialization and require the use of theoretical or scientific knowledge and manual skills acquired through on-the-job or formal training.

(D) Office and clerical. This category covers positions where the primary responsibilities require the preparing, transcribing, transferring, systematizing, or preserving of written communications and records, and the operating of various office machines.

(E) Service and maintenance. This category covers service and maintenance positions which require specialized training in trades, crafts, and manual skills. This category also includes semi-skilled and unskilled positions which require the performance of physical effort and/or the manual skills normally learned through on-the-job or apprenticeship training.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-02 Recruitment and selection.

Stark state college is committed to employing the best qualified candidates for approved college positions while engaging in recruitment and selection practices that are in compliance with all applicable federal and state regulations regarding matters of employment.

Effective: 6/4/2018
Promulgated Under: 111.15
Statutory Authority: 3357.09
Rule Amplifies: 3357.09

3357:15-14-03 Contracts and records.

The college uses an employment contract for each salaried employee in the administrative and professional, instructional, and technical/paraprofessional categories. Additionally, the college recognizes the expectations of employees that information about them stored in personnel and payroll files is accurate and relevant. Federal and state laws require that certain information be gathered and maintained in personnel and payroll files. Many of these records are available to the public upon request (section 149.43 of the Revised Code).

Replaces: 3357:15-14-03

Effective: 10/15/2009
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/15/09

3357:15-14-04 Employee responsibilities and duties.

In order to maintain a productive, service-oriented environment within the college community, all employees are expected to meet established standards of performance and conduct. It is expected that all employees will accept appropriate responsibility assigned to them and cooperate through the timely completion of assigned work or duties as outlined within the applicable job description. Actions which constitute breaches or flagrant violations of the standards defined in this policy may result in disciplinary action and/or termination of employment.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-05 Faculty rank and promotion.

The college uses the faculty ranks of instructor, assistant professor, associate professor and full professor. The rank is awarded by the president and confirmed by the board of trustees, upon the recommendation of the advancement in Rank committee, taking into account the degrees attained, professional license, experience, number of years employed by the college and responsibility of administrative duties.

(A) Promotion referral document: The procedures outlined in the faculty selective promotion document will be followed to consider promotion.

(B) Rank and level: The president has the discretion of placing an individual with exceptional ability at any rank and level on the schedule. All previous teaching experience and related industrial or business experience is taken into consideration.

(C) Exceptional promotions: The president, in rare and unusual circumstances, may recommend to the board of trustees, for its immediate consideration, a promotion in rank for a faculty member. This promotion in rank will be in recognition of the honor bestowed upon the faculty member or the college as a result of outstanding service to his fellow man, state, or nation. This rank can be granted without reference to the required dates, length of service, or academic preparation of the individual.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-07 Grievance procedure.

The college has established this grievance procedure to ensure fairness and consistency in employee relations and to attempt to resolve misunderstandings as quickly as possible. This grievance procedure applies to all college employees. If there are questions about the application of the grievance process, the employee should contact the human resources generalist(s) for consultation and for details on the procedure.

Effective: 6/25/2017
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 335715
Prior Effective Dates: 10/15/2009, 2/22/2015

3357:15-14-08 Compensation and related benefits.

(A) Compensation, as used in this manual, is an inclusive term that shall refer to salary plus all fringe benefits. Salary shall be defined as direct monetary payment for services rendered.

(B) Stark state college strives to provide a competitive compensation and benefits program designed to attract and retain talent in accordance with applicable laws. This policy is administered in accordance with the principles of equal employment opportunity.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-09 Instructional fees as an employee benefit.

Instructional and general fees for credit, audit, or non-credit courses offered at Stark state college shall be waived for eligible employees and eligible dependents.

Replaces: 3357:15-14-09

Effective: 10/15/2009
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/15/09

3357:15-14-10 Travel and business entertainment expense.

It is customary and reasonable to pay the necessary travel expenses of employees incurred in the performance of their college jobs. The president, with the assistance of the vice president of business and finance, will establish travel procedures to define allowable and unallowable expenses, rates and methods, authorization, documentation and reimbursement. The Board will approve any changes in reimbursement rates included in the travel procedures.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-11 Affirmative action.

(A) Stark state college is committed to equal employment opportunity for all and does not discriminate on the basis of race, color, religion, sex, gender, national origin, military status, pregnancy, disability, age, genetic information, or sexual orientation. Stark state college is committed to identifying and, where appropriate, addressing areas of adverse impact involving members of legally protected employee classes.

(B) It is the policy of Stark state college to comply with the applicable federal and state statutes, rules, and regulations concerning equal employment opportunity and affirmative action and to ensure equal employment opportunity through the use of an affirmative action plan. This policy extends to all areas of employment practices including recruiting, hiring, promotions, benefits, pay, training, working conditions, and all other terms and conditions of employment and ensures that all employment decisions are based only on valid job requirements.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-12 Drug and alcohol abuse and Drug-Free Workplace Act compliance.

:

The college considers the use of any illegal drug or controlled substance and the abuse of alcohol and legal (prescription or over-the-counter) drugs, collectively referred to herein as "substance abuse," to be a very serious matters that cannot be tolerated in the workplace. Substance abuse poses health and safety hazards to employees and to the community at large. Because the college is a responsible source and participant with the federal government in many programs and activities, substance abuse by college employees jeopardizes federal government funding in light of the federal government's increasing efforts to combat substance abuse. Therefore, it shall be the policy of the college to prohibit substance abuse and to maintain a drug-free workplace.

All employees are notified that the manufacture, distribution, dispensing, possession, use, or being under the influence of any drug, synthetic substance, or controlled substance, or alcohol, is prohibited on all college property and in any other location where employees are conducting college business. The use of legal drugs, taken in accordance with a doctor's orders, is not subject to this policy, except as provided below, and is permitted on the job so long as it does not impair the employee's ability to perform any essential function of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Likewise, the moderate, i.e., so as not to become intoxicated, and legal consumption of alcohol at officially sanctioned on-campus social functions in which college employees might participate is not subject to this policy. The use and possession of marijuana is prohibited under college policy and a crime under federal law. This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. Employees with written recommendations for medical marijuana are not permitted to use marijuana on campus, in the conduct of college business, or as related to any college activity. The college will refer to the corrective action and discipline procedure (policy 3357.09 :15-14-18) of the Administrative Code for appropriate disciplinary interventions.

All Stark state college employees are expected to abide by the terms of the drug and alcohol abuse and drug-free workplace act compliance policy. The college will refer to the corrective action and discipline procedure (policy 3357.09 :15-14-18) of the Administrative Code for appropriate disciplinary interventions. An employee found in violation of this policy shall be subject to a variety of sanctions and penalties. Such penalties and sanctions may include but are not limited to referral for counseling, written or oral reprimands, suspensions with or without pay, or termination in accordance with the established rights of the employee, including the right to due process.

Definitions--For purposes of this policy statement, the following definitions shall apply:

(A) Manufacture: to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug by propagation, extraction, chemical synthesis, compounding, or any combination of the same including packaging, repackaging, labeling, and other activities incident to production.

(B) Distribute: to deal in, ship, transport, or deliver.

(C) Dispense: to sell, leave with, give away, dispose of, or deliver.

(D) Possess or possession: having as property or exerting control over a thing or substance. Possession will not be presumed solely from mere access to the thing or substance or presence upon the premises where the thing or substance is found.

(E) Use: use of a drug or other controlled substance or consumption of alcohol.

(F) Being under the influence: to yield a positive result, as defined by the state of Ohio or other generally accepted standard, on any test given to determine the presence of drugs or alcohol.

(G) Drug abuse offense: corrupting another with drugs, trafficking in drugs, drug abuse, possessing drug abuse instruments, permitting drug abuse, theft of drugs, deception to obtain a dangerous drug, illegal processing of drug documents, abusing harmful intoxicants, trafficking harmful intoxicants, or illegal dispensing of drug samples; a violation of an existing law of this or any other state or of the United States that is substantially equivalent to any of the above offenses; an offense under an existing law of this or any other state or of the United States of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element; or a conspiracy or an attempt to commit, or complicity in committing or attempting to commit any of the offenses listed in this paragraph.

(H) Controlled substance: a drug, compound, mixture, preparation, or other substance as defined in Chapters 2925. and 3719. of the Revised Code, or as defined by applicable statutes of other states and the federal government.

(I) Criminal drug statute: any federal or state criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

(J) Conviction: any finding of guilt after a trial, a plea of guilty or a plea of nolo contendere.

Effective: 1/31/2018
Promulgated Under: 111.15
Statutory Authority: 3357.09
Rule Amplifies: 3357.09
Prior Effective Dates: 10/15/2009, 02/22/2015

3357:15-14-13 Anti-harassment.

(A) Stark state college has a zero tolerance for:

(1) Sexual harassment.

(2) Harassment committed by an employee, student, customer, vendor, or other outside party as listed below based on race, color, religion, sex, gender, national origin, military status, pregnancy, disability, age, genetic information, sexual orientation, gender identity, or gender expression.

(3) Retaliation against anyone for making a good-faith complaint of such harassment or for cooperating in college investigations of such complaints.

(B) This policy protects the following parties ("protected parties"):

(1) All Stark state college employees (full-time and part-time) and students.

(2) All independent contractors, temporary employees and agency employed workers.

(3) All visitors to the Stark state college workplace, such as vendors and college associates.

(C) Prohibition against retaliation for harassment: Stark state college prohibits retaliatory actions against all protected parties that are motivated by the fact that the protected party has made a good-faith complaint of harassment, or by the fact that the protected party has assisted or cooperated in an investigation of a complaint by someone else.

(D) This policy protects any protected party who makes a complaint of harassment believing that the complaint is justified, even if the college should ultimately find that complaint unfounded.

(E) The college has deemed that all employees have a mandated responsibility to report incidents related to sexual harassment or interpersonal violence, except for student workers and professionals acting in their capacity as a licensed counselor or ordained members of the clergy.

DEFINITIONS:

Definition of sexual harassment: Sexual harassment can occur between any individuals associated with the college, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member or student, and a customer, vendor, or contractor; students; or a student and a faculty member. The college's definition of sexual assault is outlined in rule 3357:15-14-15 of the Administrative Code Sexual Assault Policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a gender-based or sexual nature when it meets any of the following:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status.

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual. Such conduct that is sufficiently severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive environment for working or learning.

Definition of harassment: Harassment, as defined by this policy, is conduct, whether in the workplace or off-site, which has the effect of interfering with someone's work performance, or which creates an intimidating, hostile or offensive working environment

Effective: 7/6/2018
Promulgated Under: 111.15
Statutory Authority: 3357.09
Rule Amplifies: 3357.09

3357:15-14-14 Investigator conflict of interest.

The college has a responsibility to manage, reduce, or eliminate any actual or potential conflicts of interest that may be presented by a financial interest of a director (or investigator) of a grant-funded project. In order to comply with college policy, the grants and development office and advancement, planning and college/community relations division are to refer to the college's investigator conflict of interest document and utilize the investigator significant financial interest and other conflicts of interest disclosure form.

Effective: 9/5/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:15-14-15 Sexual assault.

(A) Stark state college desires to establish and maintain a safe and secure environment for our employees and students. The college will not tolerate sexual assault of any kind. Sexual misconduct is socially irresponsible and violates the right of other individuals. Nothing you do, say, or wear gives anyone the right to assault you. Sexual assault by anyone is a violation of your body and your trust. Sexual assault is a crime and will be dealt with accordingly.

(B) Definition of sexual misconduct:

(1) Physical contact or other non-physical conduct of a sexual nature in the absence of clear, knowing and voluntary consent, including but not limited to:

(a) Non-consensual sexual intercourse, defined as any sexual penetration (anal, oral, or vaginal), however slight, with any body part or object by any person upon any person without consent.

(b) Non-consensual sexual contact, defined as any intentional sexual touching, with any body part or object by any person upon any person without consent.

(c) Sexual exploitation, defined as taking non-consensual, unjust or abusive sexual advantage of another. Examples include, but are not limited to, prostituting another student, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as knowingly allowing another to surreptitiously watch otherwise consensual sexual activity), engaging in non-consensual voyeurism, and knowingly transmitting or exposing another person to a sexually transmitted infection (STI) without the knowledge of the person.

(d) Sexual harassment, as defined in applicable college policy

(e) Indecent exposure, defined as the exposure of the private or intimate parts of the body in a lewd manner in public or in private premises when the accused may be readily observed.

(C) For the purposes of this rule, consent shall be defined as the act of knowingly and affirmatively agreeing to engage in a sexual activity. Consent must be voluntary. An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-16 Bloodborne pathogens.

Stark state college promotes the rights of persons with communicable diseases to education and employment, while providing a safe and healthy environment for the college's students and employees. The college will make all reasonable accommodations to persons infected with hepatitis B virus (HBV), hepatitis C virus (HCV), , and human immunodeficiency virus (HIV) and to employ, continue to employ, and/or enroll persons so infected. As appropriate, faculty and staff will be provided training and/or information regarding bloodborne pathogens, universal precautions, and work practice controls.

The college affords a broad range of academic opportunities in diverse healthcare fields. Instruction in some healthcare fields may require communicable disease precautions against exposure to blood or body fluids, as individuals participating in some program training activities may have a risk of exposure to blood or other potentially infectious materials.

Action will be guided by the most recent medical evidence, the federal regulations of the Rehabilitation Act, state law, guidelines from the centers for disease control and prevention (CDC), the public health services, the American college health association, and the state of Ohio department of health.

The college will not routinely screen all members of the college community for communicable diseases unless and until required to do so by law because communicable diseases may have different modes of transmission and should be evaluated on an individual basis.

The Federal Rehabilitation Act of 1973 prohibits discrimination against qualified individuals by employers and those who provide services with the assistance of federal funding. Under federal law, the college, as an employer and a provider of educational services, must make reasonable accommodations for handicapped individuals, including those with communicable diseases.

The college maintains standards of confidentiality regarding medical information about students or employees that are protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). The act requires that no specific or detailed information concerning symptoms or diagnoses be provided to staff, administrators, or family members without the express written permission of the student/employee. Only individuals at the college with a legitimate need to know will have knowledge of the existence of students and/or employees with communicable diseases.

Effective: 6/25/2017
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/2009, 2/22/2015, 9/5/2015

3357:15-14-17 Concealed weapons.

Except as provided in this rule the use, possession or carrying of a firearm or other weapon on property owned or leased by the college, by any person other than a college security officer or qualified law enforcement officer as defined in Section 2901.01 division (A)(11) of the Revised Code, is prohibited and in violation of state law.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-18 Corrective action and discipline.

(A) The policy provides a mechanism for maintenance of stable working conditions according to the policies and procedures of the college. Disciplinary interventions should focus on modifying and correcting employee behavior and deterring the employee from repeating past problem behavior.

(B) Corrective action and discipline should impose the least severe action necessary to correct the undesirable behavior. Stark state college reserves the right to combine or skip steps in the corrective action and disciplinary procedure depending upon the facts of each situation and the nature of the offense. The level of disciplinary intervention may vary based upon the totality of circumstances. Discipline must consider past practice and equitable treatment, and it must meet the test of just cause.

(C) Disciplinary intervention can be taken to correct problems including, but not limited to, unsatisfactory work performance, behavior and conduct infractions, absenteeism and tardiness, negligence, violation of the college's rules and policies and procedures, and illegal activity.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-19 Pay during emergency school closures.

This policy applies when the college is closed or any of its locations are closed for a protracted period of time (e.g twenty fore hours) due to an event beyond its control. If only one area or location of the college is affected then this policy applies only to employees scheduled to work in that area or location.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-20 Property use.

All forms of property (including equipment, facilities, supplies, and services) purchased with Stark state college funds are intended for college business only. The use of college property must be consistent with the mission and goals of the institution. Property used by departments or divisions belongs to the college as a whole and not to any department or division to which it has been assigned.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/15/09

3357:15-14-21 Initial employment.

(A) The initial employment period for Stark state college contract employees (excluding adjunct faculty) begins with the first day of employment and concludes no later than March fifteenth of the fiscal year for which the current signed employee contract is in effect.

Guidelines

(1) The supervisor will provide expectations for performance at the time of hire. This will include providing the evaluation form at the time of hire.

(2) An employee may be notified of non-renewal of a contract at any time during the initial employment period if the supervisor concludes that the employee is not progressing or performing acceptably.

(3) Under appropriate circumstances, the initial employment period may be extended at the discretion of the supervisor and in conjunction with human resources.

(4) At the end of the initial employment period, the supervisor and the employee may discuss the employee's performance.

(5) Provided the job performance is "acceptable", the employee will continue employment under the conditions of the current contract.

(B) The initial employment period for Stark state college non-contract employees begins with the first day of employment and concludes on the ninetieth calendar day of employment.

Guidelines

(1) The supervisor will provide expectations for performance at the time of hire. This will include providing the evaluation form at the time of hire.

(2) An employee may be discharged at any time during the initial employment period if the supervisor concludes that the employee is not progressing or performing acceptably.

(3) Under appropriate circumstances, the initial employment period may be extended at the discretion of the supervisor and in conjunction with Human resources.

(4) At the end of the initial employment period, the supervisor may provide a work review for the employee.

(5) Provided the job performance is "acceptable" the employee will continue employment under the conditions of the current work agreement.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-22 Personal property.

Faculty, staff, students, and visitors are responsible for any personal items brought to the collage or off-campus sites. The college will not be responsible for replacing or paying for damaged or stolen items.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-23 Equal employment opportunity.

(A) It is the policy of Stark state college to ensure equal employment opportunity in accordance with Ohio Revised Code and all applicable federal regulations and guidelines. Employment discrimination against employees and applicants on the basis of race, color, religion, sex, gender, national origin, military status, pregnancy, disability, age, genetic information, or sexual orientation is illegal.

(B) Persons who believe that Stark state college has discriminated against them may file a discrimination complaint with Melissa Glanz, director of human resources. The human resources representative has full authority to manage equal employment opportunities (EEO) issues involving discrimination.

(C) Point of contact to file allegations of discrimination:

"Melissa Glanz, Director of Human Resources Location: 6200 Frank Ave. N.W. North Canton, Ohio 44720 Phone Number: 330.494.6170 ext. 4412 E-mail Address: mglanz(g),starkstate.edu"

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-24 Family and medical leave.

Stark state college will grant up to twelve weeks of leave (or up to twenty-six weeks of military caregiver leave to care for a covered service member with a serious health condition) during a twelve-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. The college will allow employees to exhaust all available and applicable leave balances prior to requesting family medical leave (FMLA)

(A) Eligibility: To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions:

(1) The employee must have worked for the college for twelve months or fifty-two weeks. The twelve months or fifty-two weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to national guard or reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer's intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on authorized leave during the week.

(2) The employee must have worked at least one thousand two hundred fifty hours during the twenve-month period immediately before the date when the leave is requested to commence. Hours spent on paid or unpaid leave are not counted as hours worked in determining the one thousand two hundred fifty hours eligibility test for an employee under FMLA.

(B) Type of leave covered: To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasonslisted as follows:

(1) The birth of a child and to care for the newborn child within one year of birth;

(2) The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

(3) To care for an immediate family member who has a serious health condition;

(4) A serious health condition that makes the employee unable to perform the essential functions of his or her job;

(5) Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty

(6) Twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

(C) Amount of leave

(1) An eligible employee can take up to twelve weeks for the FMLA circumstances. listed in paragraphs (B)(1) to (B)(5) of this policy Under this policy. Stark state college uses a rolling back twelve-month period beginning with the first instance of FMLA leave.

(2) Each time an employee takes leave, the college will compute the amount of leave the employee has taken under this policy in the last twelve months and subtract it from the twelve weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

(3) If two Stark state college employees each wish to take leave for the birth of the same child, adoption, or placement of the same child in foster care, or to care for the same parent (but not parent "in-law") with a serious health condition, the employees may only take a combined total of twelve weeks of leave. If the employees each wish to take leave to care for the same covered injured or ill service member, the employees may only take a combined total of twenty-six weeks of leave.

(D) Employee status and benefits during leave

(1) While an employee is on unpaid leave, the college will continue all enrolled benefits during the unpaid leave period at the same level and under the same conditions as if the employee had continued to work. If the employee does not return to work, the college will require the employee to reimburse the college for the amount it paid for the employee's portion of the continuation of all enrolled benefits during the unpaid leave period.

(2) If the employee returns to work, the college will deduct the amount paid for the employee's portion of the continuation of all enrolled benefits during the unpaid leave period, from the employee's pay.

(E) Employee status after leave

(1) An employee who takes leave under this policy may be required to provide a fitness for duty (FFD) clearance from the health care provider.

(2) Generally, an employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The position will be the same or one which is virtually identical in terms of pay, benefits, and working conditions. The college may choose to exempt certain key employees from this requirement and not return them to the same or similar position

(F) Disability leave/workers compensation

Instances in which an employee concurrently uses vacation, personal, or sick leave during periods when the employee is receiving partial pay under disability leave or workers compensation will be handled pursuant to federal regulations.

(G) Intermittent leave or a reduced work schedule

(1) The employee may take fmla leave in twelve consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve workweeks (or twenty-six workweeks when authorized under the military caregiver leave provisions). The college may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances where leave for the employee or employee's immediate family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care.

(2) For the birth, adoption, or foster care of a child, the college and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child.

(3) If the employee is taking leave for a serious health condition or because of the serious health condition of an immediate family member, the employee should try to reach agreement with the college before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee may be asked to provide documentation that the use of the leave is medically necessary.

(H) Certification of a qualifying event

(1) A request for fmla must be substantiated with satisfactory certification provided within fifteen calendar days of the request for leave. If the leave is due to a serious health condition of the employee, employee's immediate family member, or covered service member, certification must be submitted by an appropriate health care provider. Certification must be provided on the proper form available in the human resources office. If the leave is due to adoption, foster care placement, active duty leave, or covered active duty leave, documentation must be submitted from the appropriate agency.

(2) The college reserves the right to request a second opinion if the validity of the certification is questioned. This is done at college selection and expense.

(3) If necessary, to resolve a conflict between the original certification and the second opinion, the college and the employee will mutually select a third health care provider at college expense. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the fmla pending the second and/or third opinion. The college may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion.

(4) The college will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a delay or denial of leave.

(5) The college will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a delay or denial of leave.

(6) The college may request recertification for the serious health condition of the employee or the employee's immediate family member, no more frequently than every thirty days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the college may request recertification for the serious health condition of the employee or the employee's immediate family member every six months in connection with an fmla absence. In no instance will leave of any type extend beyond one calendar year. In compliance with HIPPA medical privacy rules, the college will obtain the employee or the employee's immediate family member's permission to obtain clarification on any individually identifiable health information in the case of recertification.

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357

3357:15-14-25 Whistleblower.

(A) A whistleblower, as defined by this policy, is an employee of Stark State college who reports an activity that he or she considers illegal, fraudulent, or dishonest to one or more of the parties specified in this policy. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.

(B) Examples of illegal or fraudulent activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. Although the college encourages employees to report concerns to their immediate supervisor, there are times when an employee may feel it is necessary to report a concern outside of the traditional reporting mechanism. The college has adopted a whistleblower policy for these instances.

(C) Whistleblower protections are provided in two important areas -- confidentiality and protection against retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. The college will not retaliate against a whistleblower or any participants in the investigation. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action--such as termination, compensation decreases, or poor work assignments, and threats of physical harm. Any whistleblower or participant in an investigation who believes he or she is being retaliated against must contact the director of human resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.

(D) All reports of illegal, fraudulent, and dishonest activities will be promptly submitted to the human resources department, which is responsible for investigating and coordinating corrective action, if needed. Any employee who knowingly makes a false allegation of misconduct or retaliation will be subject to disciplinary action up to and including termination of employment. This policy is not in conjunction with, and will not replace or supersede federal and/or state whistleblower policies.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-26 Earned compensation outside the college.

(A) Full-time employees of Stark state college (college) are obligated to devote their working time and efforts primarily to college activities. Prior approval from the employee's supervisor is required for any earned compensation outside of the college. In most instances that work will be approved in a timely manner, as the college recognizes that a limited amount of earned compensation outside of the college may be advantageous to all concerned.

(B) Such earned compensation must not interfere with the employee's college duties or conflict with the employee's college assignments, and must take place outside of the employee's designated work time. Employees of the college may not use college property or his or her position as an employee of the college for personal gain or to enhance the business opportunities of another individual, company, or organization.

(C) Earned compensation outside of the college shall not result in a conflict of interest or the appearance of such. A conflict of interest exists if financial interests or other opportunities for personal benefit may exert a substantial and improper influence upon an employee's professional judgment in exercising college duties or responsibilities.

(D) Earned compensation outside of the college shall not compete directly with the college or conflict with the mission or standards of the college. The college reserves the right to disapprove of any earned compensation outside of the college that would reflect negatively upon the institution, adversely affect the employee's performance of college duties, or present any conflict of interest.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-27 Code of ethics and professional behavior.

(A) Stark state college is committed to providing quality, high-value education. When administration, faculty, and staff act in accordance with ethical principles, institutional quality and excellence are enhanced, and ultimately students are better served. This policy serves as a personal acknowledgement and willingness to embrace the ethical principles and values shared throughout higher education. We are committed to upholding this set of shared ethical principles for the benefit of the Stark state college community. Actions that constitute breaches or flagrant violations of the principles defined in this policy may result in disciplinary action and/or termination of employment.

(B) The guiding principles set forth in this chapter were largely adopted from guidelines originally created by The council for the advancement of standards in higher education (CAS)

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-28 Recordings.

Stark state college prohibits employees from audio or video recording any oral or recorded communications on work time, using any device--including but not limited to audio tape recorders, videotape recorders, cellphones and tablets-unless the employee obtains prior approval from the appropriate executive council member and consent of all parties to the communication. It is the practice of the human resources department not to audio or video record investigations, hearings, and meetings pertaining to corrective action; however, the human resources director will not withhold consent to an employee's request to record such an investigation, hearing or meeting when required by federal, state, or local law. This policy is not applicable to recordings, that are made through telephone or cell phone voicemail systems and/or Stark state college security systems.

Effective: 2/22/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-29 Mentoring policy.

The college promotes the value and the role of mentoring to enhance skills and productivity and foster cooperative networking among employees. The college supports mentorship opportunities, including development offered by the college staff association and the faculty association, faculty advancement-in-rank mentoring, and departmental and divisional mentoring initiatives.

Effective: 7/14/2016
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-30 New employee orientation.

All new employees are required to attend an orientation upon hire to acquaint them with college policies, procedures, and practices.

Effective: 7/14/2016
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15

3357:15-14-31 CONSENSUAL RELATIONSHIPS.

Stark state college prohibits consensual relationships of a dating, intimate, and/or sexual nature between individuals of unequal authority (e.g., between a supervisor and an employee and/or a faculty or staff member and a student) where the person of real or perceived authority directly supervises or has the ability to impact either the employment or education of the other. Actions which constitute breaches or flagrant violations of the standards defined in this policy may result in disciplinary action, termination of employment, or dismissal from the college.

Effective: 7/6/2018
Promulgated Under: 111.15
Statutory Authority: 3357.09
Rule Amplifies: 3357.09