Chapter 3358:14-3 Employee Policies

3358:14-3-01 Employee definitions.

An employee is defined as any person holding a position that is subject to appointment, removal, promotion, or reduction by the board of trustees. Employees do not include student workers.

(A) A full-time employee is employed in a board-approved position and normally works forty-hours a week; unless otherwise defined in a collective bargaining agreement. Exceptions are board approved.

(B) A part-time employee is employed in a board-approved position normally working less than twenty-five hours a week. Exceptions are board approved.

(C) An adjunct instructor is an employee that works less than twenty-nine hours a week and is employed in a board-approved position for duration of one semester or less. Appointments may be renewed for additional semesters.

(D) A temporary employee is employed in a board-approved position that is expected to be six months or less in duration.

(E) A substitute employee is an employee who is employed to fill a full-time or part-time position on a per diem/hourly basis while the regular employee is absent or on approved leave.

(F) An externally funded employee is employed in a non-board-approved position which is not funded from the unrestricted general fund resources of the college. Due to the nature of the funding (commonly contracts or grants), externally funded employment is subject to special employment conditions and/or restrictions.

(G) The president will establish procedures that define work categories.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-02 Employment.

Policy statement: Northwest state community college believes in a globally diverse and multicultural environment that promotes equal opportunities to all applicants and employees. This is achieved through a competitive recruitment and employment process that provides qualified and diverse employees.

(A) The human resources department is responsible for classifying positions properly and applying the appropriate pay and grade or class.

(B) The human resources department is responsible for the establishment of procedures for creation and revisions to job descriptions.

(C) The human resources department is responsible for the establishment of procedures for the employment of all employees.

(D) To more adequately safeguard students and staff members, the board of trustees of Northwest state community college requires an inquiry into the background of final candidate upon acceptance of contingent offer of employment. This excludes applicants for student employment.

(E) The final determination of all hiring decisions rests with the president. Former and retired employees of the college are eligible for rehire on a case-by-case basis only after written or electronic approval of the president

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-03 Standards of conduct.

Statement of purpose: Northwest state community college goals of excellence are supported by a set of standards of conduct. The college seeks to encourage a safe and pleasant work atmosphere which occurs when everyone cooperates and commits to appropriate standards of conduct.

(A) All vice presidents, deans, and other supervisors are responsible for the appropriate and consistent application of this policy. All vice presidents, deans, and other supervisors are also responsible for initiating the request for disciplinary action as soon as they are aware of a potential situation.

(B) Employees are expected to become familiar with the established rules of the college and the departments in which they work. Employees are responsible for complying with and adhering to all performance expectations, policies and procedures. Employees are expected to conduct themselves in a manner both on and off duty that does not adversely affect the ability of the employee to perform the duties of their position.

(C) General rules of conduct and policies have been established to help achieve the objectives of this policy. The expectation is that all employees are held to the highest standards of conduct in all areas related to their employment. Inappropriate conduct of any kind including but not limited to, disruptive, discourteous, disrespectful, abusive behavior, substandard quality of work, theft, falsifying records, failure to properly record time worked or any other behavior deemed inappropriate will be subject to disciplinary action based on the circumstances of the situation.

(D) Employees should recognize that "failure of good behavior" may be grounds for disciplinary action. Failure of good behavior includes but is not limited to discourtesy to the public, absenteeism, tardiness, insubordination, inappropriate attire, and dishonesty.

(E) In the event any Northwest state community college employee is convicted of any felony the employee shall within ten days, notify the human resources department. Failure to notify human resources may subject the employee to discipline up to and including termination.

(F) It is best to avoid situations that may cause a question as to your integrity or motives. Employees who witness or have knowledge of such behavior are required to immediately report it to their immediate supervisor/manager or to the human resources department.

(G) Disciplinary actions may have an effect on transfers and promotions as well as other situations in which performance is a determining factor.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-04 Employee performance appraisal.

The board delegates all personnel employments and discharges to the president or designee who will establish and implement a program of performance appraisal.

(A) It is the purpose of the employee performance appraisal to:

(1) Review and evaluate an employee's job performance as supported and supplemented by ongoing documentation, continuous monitoring, coaching, and providing feedback so that employees may learn if their job performance is meeting expectations and identify strengths and weaknesses;

(2) Receive recognition for good performance;

(3) Learn what the employee could do to improve their outcomes by stressing the importance of job performance improvement on the part of employees so that each student may be provided a quality education;

(4) Ensure the continuous improvement of administrative and supervisory services that are provided employees;

(5) Establish a process of continuous and systematic employee performance evaluation; and

(6) Establish a plan for employee development and/or training.

(B) The evaluation program shall aim at the early identification of specific areas in which the employee needs help so that appropriate assistance may be provided. A supervisor offering suggestions for improvement to an employee shall not release the employee from the responsibility to improve. In the case of an employee, after receiving a reasonable degree of assistance, fails to perform his/her assigned responsibilities in a satisfactory manner, dismissal or non-renewal procedures may be invoked. In such an instance, all relative evaluation documents may be used in the proceedings.

(B) Evaluations shall be conducted for each employee. Employees shall be given a copy of any documents relating to his/her performance, which are to be placed in the personnel file.

(1) Examples of good documents relating to the evaluation are, position descriptions, the last performance review document, work product files, written observations of job performance, significant job related incidents, certificates, awards and thank-you notes.

(2) Examples of inappropriate documents for the evaluation are medical records and unsigned observation notes.

(3) The supervisor conducting the evaluation should be cautious of making subjective judgments' as the review should be based on objective facts that can be documented and consistent with disciplinary or other performance records.

(4) All evaluations will follow the prescribed guidelines within the applicable collective bargaining agreements.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-05 Employee salary and deductions.

(A) Salary schedules for all jobs shall be maintained by the department of human resources with the approval of the president.

(B) Changes to employee salaries require approval of the board of trustees.

(C) The board of trustees shall determine the salary of the president.

(D) Initial placement of employees in the salary schedule will be made in accordance with:

(1) Professional agreement - Northwest state community college and Northwest state community college education association.

(2) School support personnel agreement - Northwest state community college and Northwest state community college education association

(3) Administrative salary procedure

(E) Professional association employees who earn an academic degree more advanced than they already possess shall be compensated for earning that degree in accordance with the professional agreement - Northwest state community college and Northwest state community college education association.

(F) The college will comply with all legal requirements concerning the garnishment of pay that is directed by a court order. The human resources department is directed to develop a procedure that will meet all legal requirements.

(G) Deductions from the salary of the president and graded employees is defined in procedure 3 - 05(g)

(H) Deductions for all other employees is defined in procedure 3 - 05(h)

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-06 Overtime.

Statement of purpose: overtime compensation policy that complies with the Fair Labor Standards Act.

(A) Staff who are defined as non-exempt in current wage-hour regulations as they apply to the college are eligible for overtime compensation.

(B) Overtime is generally defined as hours outside regularly scheduled hours and above and beyond the full-time workweek of forty hours.

(C) The rate of overtime compensation will be one and one-half times the employee's regular rate of pay.

(D) The appropriate manager must approve overtime in advance of the work. No overtime eligible employee shall begin work prior to his or her scheduled work hours or continue to work after his or her scheduled work hours or during a scheduled lunch period without advance approval by the appropriate manager.

(E) Employees are expected to work overtime when requested by their managers, especially during an emergency situation or during peak periods such as before semesters.

(F) Assignment and payment for overtime shall be in accordance with procedures adopted by the school support personnel agreement - Northwest state community college and Northwest state community college education association.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-07 Benefits administration.

The board of trustees of Northwest state community college directs the president and/or designee to develop procedures for the implementation of the benefits described In this rule.

(A) Eligibility

Full-time and part-time employees who work more than fifteen hours per week are eligible to participate in the college's fringe benefits program provided in this section. Part-time who work less than fifteen hours, temporary employees, adjunct instructors, and guest lecturers are not eligible to participate in the program, except as required by federal and state regulations or as may be specifically defined in this policy.

(B) Retirement

(1) All eligible employees participate in the state teachers retirement system, the school employees retirement system, or an alternative retirement plan, if applicable. Eligibility for participation in these systems is governed by Chapters 3307, and 3309, of the Revised Code.

(2) Effective March 1, 1999 all full-time employees who meet the qualifications established by section 3305.01 of the Revised Code and/or STRS/SERS shall be eligible to enroll in an alternative retirement program. The guidelines are established by the Northwest state community college chapter 3305) alternative retirement plan document adopted by the college board of trustees February 4, 1999. This document is housed in the college's human resources department.

(C) Insurance

Medical insurance dental insurance, vision care insurance is available to full-time and part-time employees and their dependents for those who work more than fifteen hours per week. Life insurance coverage is available to full-time and part-time employees who work more than fifteen hours per week. These insurance offerings are within the salary and benefit program approved by the board of trustees.

(D) Fee waiver

(1) Northwest state community college encourages employees to become avid learners and to continually develop their knowledge, skills, and abilities. To that end, the college provides a fee waiver program.

(2) The fee waiver program will provide full-time and part-time employees and their dependents, and adjunct instructors the opportunity to take credit courses at Northwest state community college.

(3) The fee waiver procedure for bargaining unit employees is detailed in the respective collective bargaining agreements. The human resource department will write a procedure for graded employees and adjunct instructors.

(E) Vacation

(1) Full-time twelve month employees will accrue time off annually for vacation.

(2) Vacation time will accrue monthly on a prorated basis.

(F) Holidays

The college schedule of holidays is defined in article of the professional agreement and article XVI of the support agreement. Graded employees shall follow those schedules.

(G) Personal time

Full-time employees twelve month employees will be allocated personal

(H) Military leave

Full-time and part-time employees will be allowed up to thirty-one days in a calendar year for United States military leave.

(I) Employee assistance program

(1) All employees will experience problems and challenges at one time or another. Whether it's a personal or a workplace issue, the resulting anxiety or stress can threaten their mental and physical well-being and impact productivity and job performance. For these reasons, the trustees provide an employee assistance program to all employees. The employee assistance program will cover all or part of the cost for employees to receive initial counseling, referrals, and advice in dealing with stressful issues in their lives. These may include substance abuse, bereavement, marital problems, weight issues, or general wellness issues.

(2) Employee assistance services will be provided by a third-party and the college will receive only summary statistical data from the service provider. Employee names and services received will be kept confidential by the provider.

(J) Development fund

Northwest state community college promotes the continuing education of its employees. Employees may be reimbursed through the employee development fund for authorized education within established guidelines and within budget constraints.

(K) Severance pay

All graded employees shall receive sick leave payout upon retirement. The professional and support staff will receive sick leave payout as outlined in their respective collective bargaining agreements.

(L) Voluntary payroll deductions

For the convenience of the college employees, there are a number of voluntary deductions available. Information on available deductions is available through the payroll processing office.

(M) Employee discounts

A ten percent discount is given on purchases for non-edible products from the college bookstore for staff and faculty members, full-time and part-time, who are under current contract. The discount does not apply to student workers employed on college work-study or a part-time student employee basis.

(N) Fitness room

The college feels that staying physically fit is important to overall health. With that in mind, a fitness room is provided for faculty, staff and students. The facility is available during regular college hours.

(O) Parking

Northwest state community college provides parking on campus free of charge for faculty, staff and students.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-08 Transitional work.

(A) The purpose of this policy is to promote an efficient return to work program for employees who have missed work through injury or illness. The efficient return to work of these employees benefits both themselves and the college.

(B) The board of trustees of Northwest state community college directs the president and/or designee to develop procedures for the implementation of the transitional work program.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-09 Leaves of absence other than FMLA.

Policy statement: The college supports a work environment that offers solutions to the complex issues individuals face in balancing their work and family commitments. This policy is intended to explain the various leaves of absence except Family Medical Leave Act leave. Specifically covered in this policy are the following.

(A) Other leaves of absence approved by the board of trustees include:

(1) Sick leave

(2) Personal leave

(3) Maternity/paternity leave

(4) Military leave

(5) Jury duty

(6) Professional leave

(7) Other leaves of absence without pay.

(B) The above-mentioned leaves are defined in detail in the professional collective bargaining agreement - Northwest state community college and Northwest state community college education association and the school support personnel collective bargaining agreement - Northwest state community college and Northwest state community college education association and procedures.

(C) The president shall provide procedures for the graded staff.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-10 Interruption of campus operations.

Policy statement: The president has responsibility and authority to interrupt all or a specific part of the operations of the college due to weather conditions, natural calamity, at the direction of state or federal offices, or if in his/her judgment the health, safety, or well-being of employees and students is jeopardized.

(A) When an interruption occurs, compensation of employees will be determined using procedure 3 - 10(b).

(B) In the event the operation of the college is interrupted for more than two days per semester, the board of trustees or the president will decide if the interrupted days will be rescheduled and, if so, the nature of that schedule. Employees may elect to use vacation in lieu of work for the rescheduled days.

(C) The president will determine when an emergency is declared.

(D) The president will establish procedures to administer this policy.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-11 Conflicts of interest/nepotism.

Policy statement: This policy is established to ensure that hires, transfers, promotions, disciplinary action, supervision, and all other aspects of the college's day-to-day operations are conducted in a manner which helps prevent partiality, preferential treatment, improper influence, or conflict of interest or the appearance thereof This policy is necessary to ensure the efficient operation of the college and to increase public confidence that officials and employees of the college act with integrity to promote the goals and welfare of the college.

(A) Nepotism - no employee or trustee shall use his or her authority or influence because of his or her position at the college to transfer, effect promotion for, give preferential treatment to, or to hire or cause to be hired any person closely related by blood, marriage, or other significant relationship to serve in any position at the college. This includes: parent, sibling, grandparent, child, spouse, parents-in-law, children-in-law, sibling-in-law, grandchild, stepparents, stepchildren, a legal guardian or other person who stands in the place of a parent, other persons residing in the home of the employee, or a domestic partner. No employee shall directly supervise a relative as defined above.

(1) The college recognizes that occasionally, relationships develop in the workplace that may present the possibility of a conflict of interest/nepotism when co-workers marry or an employee's relatives come to work for the college.

(2) No immediate relative of a member of the board of trustees shall be appointed as an employee of the college without the board of trustees being specifically informed of the relationship prior to the appointment.

(3) No immediate relative of an employee of Northwest state community college shall be appointed as an employee of the college without the president being specifically informed of the relationship prior to the appointment.

(B) Conflict of interest - employees, trustees, and their families will neither solicit nor accept personal gifts or services from vendors or potential vendors to the college. Gifts do not include advertising or promotional items such as pens, calendars, or note pads, nor do they include complimentary copies of textbooks that are being considered for adoption.

Northwest state community college complies with the law as set forth by the Ohio ethics commission. Vendors include firms or individuals that provide equipment materials, or professional services to the college.

(C) Individual employees shall not solicit nor accept for their personal gain, special discounts from vendors. Employees shall not use their employment status with the college to seek/receive anything of value for personal gain or for the avoidance of taxes.

(D) In making statements as private citizens, employees have the responsibility to make it clear that they are not representing the college.

(E) Procedures to monitor this policy will be adopted by the president.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-12 Personnel records/public records.

Policy statement: It is the policy of Northwest state community college that openness leads to a better-informed citizenry, which leads to better government and better public policy. It is the policy of Northwest state community college to strictly adhere to the state's Public Records Act. All exemptions to openness are to be construed in their narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code. If the request is in writing, the explanation must also be in writing.

(A) All requests for public records should be directed to: records custodian c/o business office, Northwest state community college, room c107, 22600 state route 34, Archbold, Ohio 43502. The records custodian may also be reached by phone at 419-267-5511. The records custodian will distribute the request to the proper Northwest state community college office and coordinate the response to the requestor.

(B) The support staff files will be managed in accordance with the school support personnel agreement - Northwest state community college and Northwest state community college education association article IX.

(C) The professional staff files will be managed in accordance with the professional agreement - Northwest state community college and Northwest state community college education association article XIII.

(D) The president and graded employee personnel files will be managed in accordance with the procedure 3 - 13 (e)

(E) Public records - Northwest state community college, in accordance with the Ohio Revised Code, defines records as including the following: any document - paper, electronic (including, but not limited to, e-mail), or other format -that is created or received by, or comes under the jurisdiction of a public office that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office. All records of Northwest state community college are public unless they are specifically exempt from disclosure under the Ohio Revised Code.

(F) It is the policy of Northwest state community college that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (see procedure 3 - 13 (f)(3) for the e-mail record policy). Record retention schedules are to be updated regularly and posted prominently

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-13 Emeritus status.

Policy statement: emerita/emeritus status is an honorary title awarded for distinguished service to the academic community. There is a long tradition in academia in recognizing such service by faculty and administration. The board of trustees shall bestow the title on a faculty member or administrator who is entering permanent retirement from Northwest state community college and who has served the college, community, and profession with distinction. It is expected that emerita/emeritus status will be granted to faculty members and administrators who have contributed continuously throughout their career and have a distinguished professional record.

(A) All faculty and administrators meeting the selection criteria shall be eligible for the honorary title of emeritus. The honorary title is granted in recognition of exemplary service and dedication to the college, its community and profession. Those eligible for the honor will have made an outstanding contribution to the college, the community it serves and their profession. The status is not automatically conferred, as it is an honor that must be earned. Not all retirees will be nominated or qualify for such an honor.

(B) Any faculty or administrators who are deceased at the time of implementation of the policy may be posthumously nominated and so designated. However, college publications will only list those still living unless so directed by the trustees.

(C) Faculty and administrators will have an opportunity to nominate retirees for emeritus status prior to the annual recognition dinner honoring their retirement. This nomination will include an explanation of the individual's outstanding contribution(s). Human resources will verify eligibility. Those meeting the selection criteria will be forwarded to the executive committee of the board by the college president, who will make a recommendation to the board of trustees for appointment.

(D) The emeritus status is granted at the pleasure of the board of trustees and may be withdrawn by action of the board for failure to meet the responsibilities associated with that honor.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-14 Equal opportunity.

It is the established policy of Northwest state community college not to discriminate against any individual employee or student, groups of employees or students, or prospective employees or students for reasons of race, color, religion, ancestry, national origin, sex, age, disability, or veteran status. This college is fully committed to providing equal opportunities in all employment related activities, and educational programs, including, but not limited to, recruiting, hiring, advancement, compensation, training, benefits, transfers, tuition assistance, terms of employment, physical access to facilities, and social and recreational programs, within the financial resources of the college. The college will promote equal opportunities to all employees, applicants for employment, students, and student applicants for admission to the college through a positive and continuing affirmative action program. Northwest state community college will fully comply with all federal, state, and local laws and regulations to guarantee equal opportunities. All contractors of this college will comply with existing federal and state regulations concerning equal employment opportunities and affirmative action. Concerns or complaints regarding equal employment opportunities and affirmative action should be filed with the human resource department of the college.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-15 Separation from employment.

Policy statement: Northwest state community college recognizes that employees may separate their employment with the college for various reasons. Any employee who separates employment at the college is required to participate in the separation process. The employee's department is responsible for initiating the separation process.

(A) Employees leave the college for various reasons that may be either voluntary or involuntary including:

(1) Resignation

(2) Retirement

(3) Contract, grant, temporary assignment expiration/funding ends

(4) Event of an employee's death

(5) Reduction in force

(6) Disciplinary actions

(B) The board of trustees will be notified of all employee separations of employment.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-16 Grievance procedure.

Policy statement: The purpose of this policy is to promote fair, expedient, and equitable treatment, reduce dissatisfaction, and resolve problems at their point of origin for full-time employees (including temporary full-time employees) so that constructive, work-producing relationships can be maintained.

(A) This policy provides for the consideration of employee complaints on matters for which a procedure is not otherwise provided. This policy does not, therefore, apply to disputed employee performance appraisals, sexual misconduct, disciplinary separation from employment, sexual harassment issues, or any aspect of cases involving appeals of promotion or tenure.

(B) This policy applies to graded employees, professional staff and support staff, although it is not meant to supplant any negotiated labor agreement.

(C) The human resource department is responsible for development of a procedure to implement this policy.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-17 Discipline and discharge policy graded employees.

Policy statement: the college has adopted standards of conduct and makes them applicable to all persons. These rules are not intended to restrict the rights of employees, but rather to advise employees of prohibited conduct and allow the department and ultimately the college to attain its objectives in an orderly manner. The purpose of employee disciplinary action is to correct unacceptable employee behavior. This unacceptable employee behavior may be disregard of college policy, failure to complete job assignments, or other behavior unacceptable in the work environment. The disciplinary action will generally be progressive: verbal warning, written warning, time off without pay, and discharge. Any of the progressive steps may be omitted depending on the nature of the behavior.

(A) Discharge is generally, but not necessarily, preceded by progressive and corrective discipline. Behaviors upon which discharge may be based include, but are not limited to, the following:

(1) Illegally bringing or bearing firearms or other lethal weapons on campus.

(2) Misuse or misappropriation of college equipment, materials, funds, or other resources.

(3) Insubordination, defined as "a willful disregard of express or implied directions of the employer and/or refusal to obey reasonable orders."

(4) Falsification of college records.

(5) Conviction of any violent offense covered by section 2901.01 of the Revised Code, which automatically effects discharge from the college.

(6) The unlawful possession or use of illicit drugs, a controlled substance, and/or alcohol on college property.

(7) The unlawful distribution of illicit drugs or a controlled substance.

(8) Violation of the college's policies on harassment, sexual harassment, or sexual misconduct.

(9) Failure to call or report to work for three consecutive, assigned working days ("no call-no show").

(10) Assault.

(B) The president shall adopt procedures for disciplinary action.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-18 College property.

Policy statement: due to the fact that the college is supported by the taxpayers of the state of Ohio and also due to concerns regarding liability, it is necessary for the board of trustees to prohibit the removal of college property for the personal use of employees. The president and/or designee will write a procedure that is designed to give direction to this policy and enumerate any possible exceptions.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-19 Harassment/sexual harassment/sexual misconduct.

Policy statement: It is the policy of Northwest state community college to provide a positive, discrimination-free educational and working environment. We are committed to a policy of non-discrimination on the basis of sex, race, color, national origin, sexual orientation, marital status, disability, religion, or age in admission and access to, or treatment, or employment in our programs or activities as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act and their implementing regulations. Harassment, sexual harassment, and/or sexual misconduct of students, employees, or others working or visiting in the employment or academic setting will not be tolerated.

(A) To help ensure that employees and students are not subjected to illegal harassment/bullying, and in order to create a comfortable work and learning environment, the college strongly opposes and prohibits any offensive physical, written, spoken, or non-verbal conduct as defined and otherwise prohibited by state and federal law.

(B) Sexual misconduct in the work or academic setting will not be tolerated. The college seeks to provide and maintain a professional learning and working environment and considers consensual sexual relationships in which one individual has direct responsibility for the evaluation of the other, or has responsibility for supervising, advising, or counseling the other in the course of carrying out his/her job responsibilities, to be unprofessional.

(C) Offenders will be subject to appropriate college adjudication processes and the full range of disciplinary action provided by college policy, up to and including discharge, dismissal, or expulsion. This policy and its procedures shall be the only internal college forum of resolution for harassment, sexual harassment, and/or sexual misconduct complaints.

(D) College community members or others who feel that they have been victims of harassment, sexual harassment, and/or sexual misconduct in the work place or academic setting will be provided with appropriate support from the college. Members of the college community shall include all Northwest state community college students, members of the board of trustees, faculty, staff, and administrators, whether full- or part-time.

(E) College administration will develop procedures related to this policy.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-20 Conflict of interest.

Policy statement: no employee will engage in any activity for which the employee receives financial remuneration or equivalent goods or services if such activity occurs during the employee's normal working hours without the express consent, in writing, of the president and on file with the chief fiscal office.

(A) Employees shall not represent any vendor nor be an employee of any vendor that does business with the college without the express consent in writing, of the president and on file with the chief fiscal office.

(B) Employees shall not conduct classes under their own auspices or on behalf of another educational institution or agency using the college's course outlines, materials, equipment, or supplies without the express consent, in writing, of the president and on file with the chief fiscal office. This includes use of institutional time and facilities for personal purposes.

(C) Employees shall not use confidential information obtained as a result of their association with the college for personal gain. Employees shall not permit unauthorized disclosure of confidential information.

(D) Failure to obtain consent for activities mentioned in paragraphs (A), (B,), (C), and (D) of this rule shall be grounds for disciplinary action, up to and including immediate discharge.

(E) Employees, trustees, and their families will neither solicit nor accept personal gifts or services from vendors or potential vendors to the college. Gifts do not include advertising or promotional items such as pens, calendars, or note pads, nor do they include complimentary copies of textbooks that are being considered for adoption. Gifts do not include a reasonable number of meals or travel provided by vendors as may be necessary in the usual conduct of business. Vendors include firms or individuals that provide equipment, materials, or professional services to the college. Any gifts received are subject to the provisions of the NSCC ethics policy and appropriate provisions of the Ohio Revised Code.

(F) In making statements as private citizens, employees have the responsibility to make it clear that they are not representing the college.

(G) Vendors may offer special considerations such as discounts to employees of the college. Individual employees shall not solicit nor accept, for their personal gain, special discounts from vendors. Employees shall not use their employment status with the college for the avoidance of taxes.

(H) The human resource department shall provide a copy of this policy to new employees during their orientation program. The policy will be available on the college shared drive.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-21 Drug free workplace.

Northwest state community college shall comply with the Drug-free Workplace Act of 1988 and the Drug-free School and Community Act of 1989.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-22 Ethics.

Policy statement: it is the policy of Northwest state community college to carry out its mission in accordance with the strictest ethical guidelines and to ensure that board of trustees members and employees conduct themselves in a manner that fosters public confidence in the integrity of Northwest state community college, its processes, and its accomplishments.

(A) Northwest state community college officials and employees must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102. and 2921. of the Revised Code, and as interpreted by the Ohio ethics commission and Ohio courts. (A copy of these laws is provided by the Northwest state community college, and receipt acknowledged, as required in division (D) of the section R.C. 102.09 of the Revised Code.) Board of trustee members and employees must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.

(B) A general summary of the restraints upon the conduct of all members and employees is found in procedure no. 3-22 (a)

(C) This policy may be changed only by a majority vote of the Northwest state community college board of trustees.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-23 Rehire of retirees.

(A) The president and the college board of trustees have final and complete authority to offer or not to offer employment to persons after they retire from Northwest state community college.

(B) Each person will be entitled to the same benefits, including but not limited to: insurance, sick leave, personal leave, vacation time and holidays as any other employee in the same classification. Any new unused vacation time will be paid to the employee at their second retirement as per the policy.

(C) Northwest state community college will continue to pay the board's approved retirement contribution into the person's STRS or SERS annuity.

(D) A person who is employed by the college on a retired rehired person basis will be eligible for salary increases and merit pay as deemed appropriate by the president and the college board of trustees.

(E) A retired rehired person is not eligible for any future retirement incentive plan.

(F) Retired rehired person salary - the person will be offered employment at a salary that is based on the needs of the college and the circumstances of their retirement.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-24 Organizational chart.

Policy statement: the board of trustees of Northwest state community college understands the importance of maintaining an up-to-date organizational chart that describes the reporting structure of the employees of the college.

(A) Northwest state community college shall maintain an up to date organizational chart that will be available on the college web site.

(B) The human resources department or president's designee shall have responsibility for the maintenance of that chart.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-25 Vacation donation policy for graded employees.

(A) Policy statement: Northwest state community college is committed to recruiting and retaining quality employees in the administrative areas. To accomplish this goal the college strives to stand out as an employer of choice. The college goal is to create a community that supports graded employees and their families and the college regards family care concerns as legitimate and important.

(B) The purpose of the vacation donation policy is to provide financial assistance during approved unpaid leaves of absence due to serious, life-threatening or terminal illness and/or injury to self or immediate family members. This policy visibly demonstrates the college's commitment to work/life integration. The human resource department will be responsible for the administration of this policy and procedure.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-26 Non-retaliation.

(A) Statement of purpose: this policy is intended to protect any individual who engages in good faith disclosure of alleged wrongful conduct to a designated college official or public body. More specifically it:

(1) Encourages individuals to disclose wrongful conduct engaged in by others to the appropriate college official so that the college can take prompt, corrective action;

(2) Informs individuals how allegations of wrongful conduct can be disclosed;

(3) Protects individuals from reprisal by adverse employment action or other retaliation as a result of having disclosed wrongful conduct (individuals who self-report their own misconduct are not afforded protection by this policy); and

(4) Provides individuals who believe they have been subject to reprisal or false allegations a fair process to seek relief from these acts.

(B) Any communication that proves to have been both unsubstantiated and made with malice or with knowledge of its falsity is not protected by this policy. This policy is also intended to protect individuals against false allegations of wrongful misconduct.

(C) Nothing in this policy is intended to interfere with legitimate employment decisions.

(D) Definitions:

(1) Wrongful conduct. A serious violation of college policy; a violation of applicable state and federal laws; or the use of college property, resources or authority for personal gain or other non-college-related purpose except as provided under college policy.

(2) Protected disclosure. Communication about actual or suspected wrongful conduct engaged in by a college employee, student, volunteer, agent or contractor (who is not also the disclosing individual) based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or college policy. Individuals who are aware of or have reason to suspect wrongful conduct should report the conduct to:

(a) The disclosing individual's supervisor, either verbally or in writing;

(b) A central office - reporting violations, either verbally or in writing; or

(c) The appropriate governmental unit, law enforcement office or ethics commission after first providing a written communication about the wrongful conduct to the appropriate college administrator.

(E) Individuals who wish to be protected by the Ohio Whistle blower Protection Act must provide a written report that provides sufficient detail to identify and describe the violations.

(F) Regulations

(1) Retaliation. Adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure.

(2) Acting in good faith. Anyone making a protected disclosure or filing a complaint concerning a violation or suspected violation of this policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the policy.

(3) False allegations. Any employee or volunteer who knowingly or with reckless disregard for the truth gives false information or knowingly makes a false report of wrongful conduct or a subsequent false report of retaliation will be subject to disciplinary action, up to and including termination. Any student who makes false allegations in the non-employment setting will be subject to judicial action. Allegations that are not substantiated yet are made in good faith are not subject to corrective action.

(4) Confidentiality. Protected disclosures may be made on a confidential basis by the complainant or may be submitted anonymously through the college's anonymous reporting line. Protected disclosures and investigatory records will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, and in accordance with the Ohio Public Records Act.

(5) Handling protected disclosures. The offices receiving the protected disclosure will notify the disclosing individual (if his or her identity is known) and acknowledge receipt of the report.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-27 Family and Medical Leave Act.

Statement of purpose: To establish and notify employees of rules and procedures concerning the Family and Medical Leave Act (FMLA). In accordance with federal law, family and medical leave is a benefit available to all eligible employees. Northwest state community college is subject to the Family and Medical Leave Act (FMLA), a federal law enforced by the United States department of labor, and strives to comply with its FMLA obligations.

(A) The college administers FMLA leave in accordance with the rights and restrictions in the FMLA statutes, regulations, and interpretive case law. The college reserves the right to use any procedures or requirements permissible under law whether or not specifically mentioned in this policy or subsequent procedure. See 29 U.S.C. 2601, et seq. and 29 C.F.R. 825 for specific statutes and regulations governing the FMLA.

(B) Basic leave entitlement - FMLA requires covered employers to provide up to twelve weeks (twenty-six weeks for qualifying exigency) of unpaid, job-protected leave to eligible employees for the following reasons:

(1) For incapacity due to pregnancy, prenatal medical care or child birth;

(2) To care for the employee's child after birth, or placement for adoption or foster care;

(3) To care for the employee's spouse, son or daughter, or parent, who has a serious health condition;

(4) For a serious health condition that makes the employee unable to perform the employee's job; or

(5) For a qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces in support of a contingency operation.

During a twelve month period, an employee is entitled to a combined total of twenty-six workweeks of leave. The twelve month period is measured as a twelve month look back for eligibility.

(C) Eligibility requirements employees are eligible if they have worked for a covered employer for at least one year, for twelve hundred fifty hours over the previous twelve months, and if at least fifty employees are employed by the employer within seventy-five miles.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-3-28 Consolidated Omnibu Budget Reconciliation Act (COBRA).

Northwest state community college complies with the requirements of the Consolidated Omnibus Budget Reconciliation Act (COBRA) regarding continuation coverage to eligible employees. The human resources department shall provide notice to eligible employees as required by law. Full descriptions of continuation coverage, eligibility, and procedures shall be maintained by the human resources department.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358