Chapter 3358:17-11 Employee Benefits

3358:17-11-01 Vacation, personal/emergency, and sick/bereavement leave.

Leave cannot be used to extend an employee's date of retirement or resignation.

(A) Vacation leave.

(1) Employees classified as regularly scheduled part-time and instructional (contracted for a specific number of days during the academic year) will not accrue vacation.

(2) All positions classified as administrative will accrue vacation at the rate of 4.62 hours per pay period pro-rated based on the number of hours paid during the pay period through the completion of their fourth year of employment. Beginning with the fifth year of employment, vacation will be accrued at the rate of 6.15 hours per pay period pro-rated based on the number of hours paid during the pay period.

(3) All positions classified as support staff will accrue vacation at the rate of.0385 hours for each hour paid through the completion of their fourth year of employment. Beginning with the fifth year of employment, vacation will be accrued at the rate of.0578 hours for each hour paid. Overtime hours are excluded for the purpose of calculating vacation accruals.

(4) All use of vacation leave must be scheduled in advance and approved by the immediate supervisor. In deciding whether to approve use of vacation leave, the supervisor should consider if the employee's use of vacation leave would interfere with the efficient operation of the college.

(5) Earned vacation may be utilized considering the following stipulations:

(a) An individual may not accumulate in excess of two full years' entitlement of earned vacation time.

(b) An individual may not use more than their annual entitlement of vacation time during any one continuous period.

(c) An individual may not use vacation that has not yet been accrued.

(d) Prior approval of the president must be obtained for variations from these three guidelines.

(6) Years of employment for accruing vacation refer only to those years as an employee of Washington state community college.

(7) Payout of accrued, unused vacation upon termination of employment.

Upon an employee's separation of service from the college, accrued unused vacation hours will be paid. The employee's base salary only will be used in the computation of an hourly rate for purposes of vacation payout. Base salary does not include stipends, pay for extra assignments, overload earnings, or the value of fringe benefits.

(B) Personal/emergency leave.

Each fiscal year, personal leave is granted under the conditions in this paragraph . Thirty-two hours are granted to each fulltime employee. Regularly scheduled part-time employees are granted annual personal leave equal to eighty per cent of the hours they are normally scheduled to work per week (ex. avg. hrs worked per week is twenty - twenty times eighty per cent = sixteen hours annual leaved personal leave will be calculated on a prorated basis for employees that start after the beginning of the college's fiscal year.

(1) Use of personal leave must be scheduled in advance and approved by the employee's immediate supervisor.

(2) Leave is to be used for personal business which is not currently covered under the sick leave policy of the college.

(3) Personal leave does not carry over from one fiscal year to the next fiscal year: it must be used in the fiscal year it is earned. Employees cannot cash-in and/or will not be compensated for accrued, unused personal leave.

(C) Sick/bereavement leave.

(1) Sick leave may be accumulated to a maximum of one thousand four hundred and forty hours by all full-time and regularly scheduled part-time employees.

(2) Accumulated sick leave earned through employment at other Ohio public colleges or universities, or through other Ohio public employment, may be transferred to the college and will be effective on the first day of employment, subject to the one thousand four hundred and forty hours maximum accumulation. An employee who transfers from one state or local Ohio public agency to another (Ohio public agency refers to governmental entities under the control of Ohio's state or local government! or who is reappointed or reinstated at the college, will be credited with the unused balance of accumulated sick leave-up to the one thousand four hundred and forty hours maximum and provided the time between separation and reappointment does not exceed ten years. Written proof of sick leave credits must be furnished to the college by the prior employer. The human resources office will maintain records of unused sick leave of former employees for a minimum often years after their last employment by the college: will restore the appropriate balance if the person is re-employed by the college: and will respond to requests for such records from other Ohio public agencies newly employing those people.

(3) Sick leave must be earned before being used.

(4) Full-time employees that are also exempt employees accrue sick leave at the rate of 4.62 hours per pay period pro-rated based on the number of hours paid during the pay period. Full-time nonexempt and regularly scheduled part-time employees accrue sick leave at the rate of.0578 hours for each hour paid. Overtime hours are excluded for the purpose of calculating sick leave accruals.

(5) An employee may use sick leave for absence due to personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to others, and for absence due to illness, injury/disability or death in the employee's immediate family.

Absence of more than three days for illness requires submission of a physician's note to be submitted to human resources.

Employees are permitted up to three days of accured sick leave for bereavement for a death in the immediate family. Additional days may be granted by the director of human resources in extenuating circumstances. Bereavement leave may be used more than one time per year. The immediate family is defined as spouse, child, mother, father, brother, sister, grandchild, aunt, uncle, niece, nephew, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent of either spouse, stepparent, stepchild, legal guardian or other person who stands in place of a parent, or other relatives living in the employee's household. If no sick leave or vacation leave is available, leave without pay must be scheduled at the time of need and approved by the immediate supervisor(s) and human resources.

(D) Pay-out of accrued, unused sick leave.

(1) Conversion and payment of unused sick leave at retirement.

An employee retiring with ten or more years of continuous service with the college may elect to be compensated for one-fourth the value of his or her accrued but unused sick leave, not to exceed pay for two hundred forty hours. Payment will be based upon the employee's base rate of pay at the time of disability or regular retirement, base salary does not include stipends, pay for extra assignments, overload earnings, or the value of fringe benefits. Such payment may be made only once to an employee and only to those employees who are on the active payroll of the college at the time of retirement. All eligible employees, at the time of filing their application for retirement, must indicate their desire to elect the sick leave conversion option. The two mutually exclusive options are:

(a) To be paid for one-fourth the value of his or her accrued but unused sick leave up to two hundred forty hours, or

(b) To carry forward the total sick leave balance for future anticipated state employment.

An appropriate statement documenting the election will be made available to the employee, and human resources will determine the amount of hours to be paid. Payment will be made in a lump sum and included in the employee's final pay (if the appropriate forms are received in human resources soon enough otherwise, as soon as practicable after that). Payment will be subject to normal payroll deductions, excluding Ohio public employees retirement system contributions. The conversion option does not apply to any employee who resigns his or her position and elects to retire at some later date.

(2) Conversion and payment of unused sick leave upon death.

In the event of the death of an employee with ten or more years of continuous service with the college, one-fourth of the value of the employee's accrued but unused sick leave will be paid to the employee's survivors in accordance with section 2113.04 of the Revised Code, or to the employee's estate, not to exceed pay for two hundred forty hours. Payment will be based upon the employee's rate of pay at the time of death.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-02 Holidays.

The college will be closed on days established as paid holidays.

(A) The following days are paid holidays for full time employees and regularly scheduled part time employees (except instructional) employed on a twelve-month basis, whether those employees are considered exempt or non-exempt:

Independence day.

Labor day.

Thanksgiving.

Christmas.

New Years day.

Martin Luther King day.

President's day (evening classes will meet).

Memorial day.

Veteran's day.

(1) The college is closed on the following days.

Day after Thanksgiving.

Christmas Eve day.

Day after Christmas.

New Years Eve day.

Between Christmas and New Years day.

(B) When the paid holiday falls on Saturday or Sunday, a paid holiday will be designated in the prior or subsequent weeks. Regularly scheduled part-time employees will only be paid for the number of hours they are scheduled to work on a holiday

(C) Because of scheduling requirements, evening class may meet on some holidays. This schedule will be published annually by the registrar. Full-time evening employees will work their regular shift and will also be paid eight hours holiday pay. No compensatory time will be granted in lieu of holiday pay. Other evening employees that are paid on an hourly basis that also work on the holiday will be paid for the hours worked and receive holiday pay at the rate of one and one-half times their regular rate of pay for the hours actually worked.

(D) If a support staff employee or regularly scheduled part-time employee works on a holiday he will be paid holiday pay as well as pay for the hours actually worked. Hours to be worked must be scheduled and approved in advance by the employee's supervisor.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-03 Family and medical leave.

The college follows any and all provisions of the Family and Medical Leave Act ("FMLA") and is subject to the following:

(A) Eligible employees may take up to twelve weeks of unpaid leave during a rolling twelve month period for one or more of the following reasons:

(1) The birth of a son or daughter of an employee and to care for the child.

(2) The placement of a son or daughter with an employee for adoption or foster care.

(3) To care for the spouse, son, daughter, or parent of an employee, if the family member has a serious health condition.

(4) An employee is unable to perform the functions of the position because of the employee's own serious health condition.

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

(6) To care for a spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness.

(B) Eligibility for leave. To be eligible for leave under this policy, an employee must have worked for the college for at least twelve months, and for at least one thousand two hundred and fifty hours during the year preceding the start of the leave.

(C) Notice requirement.

Eligible employees must give the college thirty days notice of their intent to request leave for foreseeable events, such as the expected birth or adoption of a child or planned medical treatment. All such requests should be directed to the employee's immediate supervisor, forwarded to the office of human resources and the president. For unforeseeable events, the employee should give notice to the college as soon as practical given the facts and circumstances of the specific case.

(D) Medical certification. Upon request of the college, the employee must provide medical certification to support the request for leave due to the employee or family member suffering from a serious health condition. Sufficient certification includes the following information:

(1) Description of the condition.

(2) Date condition began.

(3) Condition's probable duration.

(4) Appropriate medical facts.

(5) An affirmation by appropriate medical personnel that the employee is unable to perform his or her job function, or that the employee is needed to care for a sick family member for a specified period of time.

(6) The college has the right to ask for a second opinion, at the college's expense, regarding the nature of the serious health condition.

(E) Coordination with sick leave, personal leave, and vacation leave: While on leave for birth of the employee's child, eligible employees must use earned sick leave, personal leave, and vacation leave (in this order) for the birth or adoption of a child for the first eight weeks of the leave period. All leave must be taken consecutively regardless of holidays and other non-contracted days. The balance of the twelve week period will be unpaid or any earned vacation may be used.

While on leave for a serious health problem, eligible employees must use earned sick leave, personal leave, and vacation leave (in this order) for a medical condition that renders the employee unable to perform his/her duties. In such cases, the leave may be intermittent.

Whether on leave for the birth of their child or medical leave, leave days will not be deducted during periods when employees are not expected to be performing their duties.

(F) Extended use of sick leave. Additional earned sick leave after the eight week period may be used only in the event of serious health or injury problems as certified by the attending physician. Unpaid leave may be extended to meet the needs of the employee or to comply with the college's obligations under the Americans with Disabilities Act. Leave for a serious health condition beyond twelve weeks must be approved by the president of the college. The leave can be compensated with the use of earned sick leave, or uncompensated.

(G) Both spouses work for the college. If both spouses are employed by the college, their total leave in any twelve month period is limited to twelve weeks when the leave is taken for the birth, or adoption of a child, or to care for a sick child.

(H) Restoration to position. When returning from leave, the eligible employee will be restored to his/her former position that she/he held before the leave commenced, or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

(I) Continuation of benefits. The employee will be provided medical coverage during family and medical leave up to twelve weeks at the same level and under the same conditions as he or she would have received if not on leave. While on compensated leave time, regardless of the length of leave, the employee will continue to receive all other benefits to which entitled. Any leave time beyond accrued sick leave, vacation, or personal leave will be without compensation and sick leave/vacation leave will not accrue. While on uncompensated leave, the individual must continue to pay the employee share of the benefit costs.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-04 Unpaid leave.

(A) The college recognizes that there may be instances where full-time and regularly scheduled part-time employees may need to take time off without pay for reasons not covered by Family Medical Leave Act ("FMLA") or in the event the employee does not qualify for FMLA. The president may grant unpaid leave to an employee provided that:

(1) The employee has exhausted all personal leave, compensatory time leave and vacation leave.

(2) The employee submits a written request and a completed time off request form. The signature of the appropriate supervisor must be secured before forwarding to the president.

(3) The requested leave will not negatively affect the daily operation of the college.

(B) No accumulation of sick leave or vacation leave will occur during unpaid time off and personal leave will not be granted until the employee is off of unpaid leave. Employees on unpaid leave will not be paid for holidays which may fall during the unpaid leave. No service credit will be earned through state teachers retirement system or school employees retirement system during the period of unpaid leave.

(C) The employee will be responsible for their portion of medical, dental and vision coverage during the unpaid leave provided the unpaid leave is less than one pay period. For leaves extending beyond one full pay period, the employee will be responsible for the full amount (employer and employee share) of medical, dental and vision premiums. Other deductions, whether voluntary or involuntary, will also be the responsibility of the employee. Due dates for payment will be set at the time the leave is approved.

(D) If the employee does not return by the stated return date and has not notified the college, the college will consider this voluntary termination.

(E) The granting of unpaid leave will be at the full discretion of the president.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-05 Administrative leave.

(A) Administrative leave, with or without pay, may be given for an employee to leave the college's property (whether owned, leased, rented or used by the college), or not to return to the college's property (whether owned, leased, rented or used by the college) for a specified period of time:

(1) In circumstances where the health or safety of an employee or of any person or property entrusted to the employee's care may be adversely affected.

(2) To investigate an alleged violation of law or college policy.

(3) To investigate the conduct or performance of an employee even where no alleged violation of law or policy has been made.

(4) When it is in the best interest of the college.

(B) Although administrative leave may be used in conjunction with disciplinary action, or implemented as a result of an investigation, it is not, in itself, a form of disciplinary action.

(C) Administrative leave with pay.

(1) An employee may be placed on administrative leave with pay for the remainder of the employee's work day or longer with the approval of the president or designee.

(2) An employee shall receive his/her base rate of pay while on administrative leave. Time designated as administrative leave with pay will not be charged to the employee's paid leave. An employee placed on administrative leave with pay maintains all benefits during the leave time.

(a) Returning to work.

When employees are on administrative leave with pay, their positions are held for them, unless it is determined through the investigative process and resulting disciplinary action that the employee is to be terminated.

(b) Notification.

Written notification to the employee is required when an employee is placed on administrative leave with pay for periods of time greater than the remainder of the workday or when placed on administrative leave without pay. A copy of this notification will be placed in the employee's personnel file.

(D) Administrative leave without pay.

(1) An employee may be placed on administrative leave without pay for the remainder of the workday or for an extended period with approval by the president or designee.

(2) An employee placed on leave without pay is responsible for his/her share of the cost of benefits until such time he/she is reinstated or terminated.

(a) Returning to work.

When employees are on administrative leave without pay, their positions are held for them, unless it is determined through the investigative process and resulting disciplinary action that the employee is to be terminated.

(b) Notification.

Written notification will be given to any employee placed on administrative leave without pay. This notification will be placed in the employee's personnel file.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-06 Jury duty and military leave.

To provide income protection while an employee carries out his/her civic responsibility, the college pays full-time and regularly scheduled part-time employees his or her regular day of pay (no leave charged) for time spent serving on jury duty. Income received from the court is to be signed over to the college.

(A) Jury duty.

(1) Upon receipt of notification from the state or federal courts of an obligation to serve on a jury or to act as a court witness, the employee should notify his/her supervisor. The employee is required to provide copies of the subpoena or jury summons to his/her supervisor and human resources who will forward to payroll.

(2) The supervisor will verify the notification and make scheduling adjustments to accommodate the employee's obligation. The supervisor will also provide court documentation to human resources for processing.

(3) Employees appearing as a plaintiff, defendant or for nonsubpoenaed court appearance will not receive paid time off. Vacation, personal or unpaid time should be used for these instances.

(B) Military leave.

(1) The college intends to follow Uniformed Services Employment and Reemployment Rights Act ("USERRA") in dictating its military leave policy.

(2) USERRA, prohibits discrimination against persons because of their service in the armed forces reserve, the national guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual's membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, national guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.

(3) You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

(a) You ensure that your employer receives advance written or verbal notice of your service;

(b) You have five years or less of cumulative service in the uniformed services while with that particular employer;

(c) You return to work or apply for reemployment in a timely manner after conclusion of service, and;

(d) You have not been separated from service with a disqualifying discharge or under other than honorable conditions.

(4) If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

(5) The complete USERRA guidelines are posted outside of the human resources office.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-07 Catastrophic leave.

The college provides a catastrophic leave program to full-time employees. The purpose of this program is to permit employees to voluntarily donate unused sick leave to fellow full-time employee(s) who are in critical need of leave due to a catastrophic illness/condition/injury of the employee or his/her close family relative and who have no more paid leave. No sick or vacation leave will be accrued, or personal leave granted while receiving donated leave from the catastrophic leave program.

No donated leave from the catastrophic leave program can be used once the individual becomes eligible for a paid leave/retirement program such as long term disability, workers' compensation, or disability retirement.

(A) Eligibility.

(1) The director of human resources and the president make the determination of whether the employee or a close relative of the employee has an extraordinary or severe medical illness, condition or injury.

(2) The employee has abided by policies regarding the use of leave including contacting the college appropriately, and securing necessary physician statements.

(3) The employee has exhausted or is likely to exhaust all paid medical leave accruals due to such illness(es)/conditions(s)/injury(ies),and is not receiving other forms of compensated leave, such as sick, vacation, or personal leave payments, workers' compensation payments, or long-term disability payments.

(4) The employee has been out of work three days at own cost of sick leave or with financial consequences; has a statement from a physician certifying the medical necessity of the leave.

(B) Donating leave.

College employees may donate accrued sick leave to another employee only if these conditions are met.

(1) The donation does not cause the sick leave balance of the donating employee to fall below three hundred sixty hours.

(2) The donated leave has been given voluntarily without any coercion, threat, intimidation, or financial inducement.

(C) Administrative and accounting procedures and requirements.

(1) The employee requesting catastrophic leave must contact the director of human resources and provide a letter from a medical physician, which sets forth the circumstances that cause the illness, condition or injury to be catastrophic and the expected duration of the illness, condition or injury.

(2) Human resources verifies the employee has no form of accrued leave otherwise available and determines the amount of donated leave the employee may receive.

(3) Human resources sends an email to all employees requesting donations (without specifying the recipient).

(4) Donors respond via email and acknowledge that the donation is voluntary.

(5) Human resources verifies the authenticity of the donor's email and uses the donor's email response as a release to deduct leave from the donor.

(6) Donated leave is deducted from the donor's account and placed into a catastrophic leave bank for the recipient employee.

(7) When using the donated leave, the employee receiving donated leave will be paid at their regular rate of pay. One day of donated leave will cover one day of the recipient's pay without regard to any differences in rate of pay. To clarify: if employee "a" is being paid ten dollars per hour and employee "b" who receives twenty dollars per hour donates one day of leave, Employee "a" will receive one day of paid leave, not two days.

(8) The employee can receive donated leave up to the number of hours that he/she is normally scheduled in that pay period (no overtime or overload).

(9) The employee receiving donated leave may receive/use up to one thousand four hundred and forty hours of donated leave or to the point of qualifying for disability or their return to work, whichever occurs first.

(D) Definitions.

(1) Close relative of the employee means spouse, (dependent-as defined in the FMLA), or parent of the employee.

(2) A catastrophic illness, condition or injury is defined as one that requires an extensive period of recovery. Not all illnesses, conditions or injuries that disable an employee from working qualify as catastrophic.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-17 Responsibilities, duties, code of ethics.

(A) Policy statement.

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

(B) General standards of ethical conduct.

(1) The board of trustees and all college employees, in order to protect the public, will at all times, abide by Chapter 102. of the Revised Code, public officers - ethics, and Chapter 2921. of the Revised Code, offenses against justice and public administration, as interpreted by the Ohio ethics commission and Ohio courts. Further, the board and all college employees must conduct themselves, at all times, in a manner not inconsistent with these Revised Code statutes along with avoiding any favoritism, bias and the appearance of impropriety.

(2) A non - exclusive list of restraints upon the conduct of the board and all college employees is as follows. No member of the board or any college employee shall:

(a) Solicit or accept anything of value from anyone doing business with the college;

(b) Solicit or accept employment from any individual/entity doing business with the college unless the board member or employee completely withdraws from any/all college activity directly or indirectly related to the individual/entity offering employment and the college approves of the withdrawal;

(c) Use his or her public position to obtain benefits for himself or herself, a family member, or anyone with whom the board member or employee has a business or employment relationship;

(d) Be paid or accept any form of compensation, in addition to the board member or employee's wages paid by the college, for personal services rendered on a matter before the college (section 102.04 of the Revised Code);

(e) Be paid or accept any form of personal compensation, other than the board member or employee's wages paid by the college for goods sold or services provided to the college;

(f) Excepting those individuals exempted under section 102.04 of the Revised Code (employees other than an officer who is required to file a financial disclosure), receive or agree to receive directly or indirectly compensation other than from the college for any service rendered or to be rendered;

(g) Personally hold or benefit from a contract with, authorized by, or approved by, the college;

(h) Vote, authorize, recommend, or in any manner use his or her position to secure approval of a the college contract (including employment or personal services) in which the board member employee, a family member thereof, or anyone with whom the member, official or employee has a business and/or employment relationship, has an interest;

(i) Solicit or accept honoraria as defined in division (H) of section 102.01 of the Revised Code, and division (H) of section 102.03 of the Revised Code;

(j) During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the board member employee participated in or with, while serving with the college;

(k) Use or disclose confidential information protected by law, unless statutorily authorized;

(l) Use, or authorize the use of, his or her title, the name of the college or the logo of the college in a manner that suggests impropriety, favoritism or bias by the college, the board member or employee.

(3) For purposes of this policy:

(a) "Anything of value" includes anything of monetary value, including, but not limited to, money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment. "Value" means worth greater than de minimis or nominal.

(b) Anyone doing business with the college includes, but is not limited to, any person, corporation, or other party that is doing, or seeking to do business with, regulated by, or has an interest before the college.

(4) Financial disclosure.

Every board member, official or employee required to file a financial disclosure statement must file a complete and accurate statement with the ethics commission by April fifteenth of each year. Any member or employee appointed, or employed to a filing position after February fifteenth and required to file a financial disclosure statement must file a statement within ninety days of appointment or employment.

(5) Assistance.

(a) The Ohio ethics commission is available to provide advice and assistance regarding the application of the ethics law and related statutes. The commission can be contacted at (614) 466 - 7090. The commission's web site address is:www.ethics.ohio.gov

Educational public information regarding the Ohio Ethics Commission can be found athttp://www.ethics.ohio.gov/educationandpublicinfo_publications.html.

(6) Penalties.

Failure of any board member or employee to abide by the ethics policy, or to comply with the ethics law and related statutes, will result in discipline, which may include dismissal, as well as any potential civil or criminal sanctions under the law.

(7) Fraud reporting.

The Ohio auditor of state's office maintains a system for the reporting of fraud, including misuse of public money by any official or office. The system allows all Ohio citizens, including public employees, the opportunity to make anonymous complaints through a toll free number, the auditor of state's website, or through the United States mail.

Auditor of state's fraud contact information:

Telephone: 1-866-372-8364.

US mail: Ohio auditor of state's office, special investigations unit, 88 east Broad st, P.O. box 1140, Columbus, Ohio 43215.

Web:www.ohioauditor.gov.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-17.1 Standards of performance.

All employees are expected to meet the following standards of performance and conduct. Failure to meet these standards may subject the employee to disciplinary action and/or termination of employment.

(A) Describe honestly their qualifications for a prospective position, with full disclosure of all pertinent facts. Upon acceptance of a position, establish and maintain a practice of openness and honesty. Refrain from any deliberate misrepresentation or dishonesty in official matters and from fraud, falsification, or exaggeration. Refrain from deliberate concealment of a material fact in connection with an official document such as time and attendance, travel, or other claims. Refrain from withholding material facts in connection with matters under official investigation.

(B) Function as a responsible and loyal member of the divisional or administrative unit to which they are assigned, and represent it to others in a fair and accurate manner.

(C) Accept appropriate responsibility assigned to them and cooperate by timely completion of the assigned work or duties.

(D) Refrain from disorderly conduct, such as the use of disrespectful, abusive, or offensive language, or the use of threatening or intimidating acts, or language, or coercion against employees or students.

(E) Recognize that the college reserves the right to restrict dress and workplace decor for legitimate reasons including issues of professionalism, safety, hygiene and/or environmental conditions.

(F) Recognize the authority of supervisors to interpret the intent of the college's policies and procedures. Maintain professional standards when disagreeing with policies or procedures. Base criticisms on careful evaluation of all the facts. Refrain from making false, malicious, or unauthorized statements or disclosures concerning other employees, students, or the college. In case of disagreement, participate and conduct themselves in a responsible manner in suggesting changes in, or development of, future policies affecting the college.

(G) Conduct college business through authorized channels.

(H) Recognize that actions which constitute breaches of law or flagrant violations of the generally accepted social codes of the community may be construed as professional misconduct.

(I) Realize that, while they have the right to engage in some collateral employment, they must accept the obligation to see that it does not interfere with their obligations to the college or create a conflict of interest. When the amount of time or compensation is large enough to suggest interference with duties or possible bias in the employee's judgment, the president of the college has the right to request the collateral employment be terminated.

(J) Respect and observe the conditions under which confidential information is obtained and used.

(K) Recognize that the right to speak publicly involves the obligation not to represent themselves as speaking for the college, unless so authorized.

(L) Use college facilities and property only for their intended use, consistent with applicable policy, law, and regulation.

(M) Be aware of all relevant college rules and regulations which pertain to their activities.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-17.2 Potential conflicts of interest.

Potential conflict of interest arises when a college employee has the opportunity to influence college business, academic, or other decisions in such a way that leads to personal gain. Conflict of interest also exists when a person benefits financially from his / her employment at the college beyond compensation and benefits provided by the college. A conflict of interest exists when outside activities result in an amount of time or compensation large enough to suggest interference with primary obligations and duties at the college, or possible bias in the employee's judgment.

(A) College employee s must avoid any conflict or appearance of a conflict of interest or conflict of commitment. Disclosures of conflicts of interest should be made in writing to the head of the division or department in which the employee is employed. If there is any doubt, the director of human resources can be consulted for a determination.

(B) The following activities require prior approval or disclosure under this policy:

(1) Direct or indirect leasing, renting, trading, or selling real or personal property to the college.

(2) Possession of substantial interest or participation in the profits of any organization that deals with or seeks to deal with the college.

(3) Appointments as officer, director or serving in any management capacity in an external commercial, industrial, business or financial organization of profit -making enterprise which deals or seeks to deal with the college.

(4) Assuming executive or managerial positions with outside organizations that might seriously divert attention from college duties, or create other conflicts of loyalty.

(5) Potential for diverting college assets from the primary mission of the college including the time and talents of its faculty and staff.

(C) Permissible activities - The following activities do not require prior approval or disclosure under this policy.

(1) Acceptance of royalties for patents established without college assistance or resources (see appendix I to this rule for conflict resolution process relating to patents and royalties).

(2) Services to external educational, professional, cultural, civic, or other organizations which enhance the value of the individual to the college which do not adversely affect their primary commitment to the college.

(3) Consulting activities that can be shown not to interfere or compete with college responsibilities or college business.

Effective: 3/22/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04

3358:17-11-22 Background checks for college employees.

(A) The college conducts pre-employment background checks for all applicants selected for employment. It is a condition of employment that all applicants submit to the criminal background check procedures.

The protocol and means by which criminal background checks will be performed are:

(1) Background checks are performed once a preferred candidate has been selected for employment.

(2) All offers of employment will be contingent upon successful completion of a criminal background check.

(3) The applicant is required to provide a written release to authorize the criminal background check using an approved college form.

(4) If a candidate selected for an interview resides outside the state of Ohio, the college may also conduct a criminal background check of candidates for employment prior to the interview process.

(5) Applicants may be charged a fee(s) associated with the criminal background check.

(B) In accordance with federal and state laws, a previous conviction will not automatically disqualify an applicant from consideration for employment. Each applicant identified with a criminal conviction will be evaluated on a case-by-case basis. The following factors will be considered for those applicants with a criminal conviction history in determining whether to extend an offer of employment: the nature or gravity of the offense(s); and the time since the conviction and/or completion of sentence; and the nature of the job held or sought.

Effective: 3/12/2015
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04