Chapter 3358:17-9 Employees In General

3358:17-9-01 Employee categories.

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 - This category consists of three major position types:

(1) Executive administration: primary responsibilities include planning, organizing, controlling and supervising an instructional or operational area within the college.

(2) Academic administration: responsible for directing the activities of an instructional area.

(3) Professional: primary responsibilities require a functional knowledge of advanced theoretical principles and practices in a specific professional area other than instruction.

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

(1) Full-time faculty - those individuals employed to provide full-time instructional service to the college. Full-time faculty will be given one of the following titles:

Instructor.

Assistant professor.

Associate professor.

Professor.

(2) Part-time faculty-those individuals employed to provide part-time instructional service to the college. Part-time faculty will be given one of the following titles:

Lecturer - level one.

Lecturer - level two.

Lecturer - level three.

Adjunct - level four.

Adjunct - level five.

Adjunct - level six.

(3) Support staff- This category consists of three major position types:

(a) Technical - responsible for computer support including solving practical problems encountered in this specialization and requiring the use of theoretical or scientific knowledge and manual skills acquired through on-the job or formal training.

(b) Service/clerical - primary responsibilities involve providing childcare; or requires the preparing, transcribing, transferring, systematizing, or preserving of written communications and records; the preparing, compiling, manipulating, storing, and retrieving of records, and data; and the operating of various office machines.

(c) Custodial/maintenance - covers service and maintenance positions which may 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 apprenticeship training.

(4) Full-time employee:

Administrative, instructional, and support staff employees may also be full-time employees. In the administrative and support staff categories, a full-time employee works forty hours per week. In the instructional category, a full-time faculty member carries the workload defined in paragraph (A) of rule 3358:17-20-03 of the Administrative Code.

(5) Regularly scheduled part-time:

These positions are half-time or more and include the same specialization requirements of their respective full-time categories. They include regularly scheduled hours, but this category does not include casual labor, student workers, work-study, or any part-time work of a short-term or temporary nature.

(6) Casual labor:

This applies to positions that are intended to be temporary. No credit is awarded for experience or degrees in this category. These positions may be requested by a budget unit manager, with approval by the senior administrator of that area, the human resources director and the president. Rationale for the position, a description of duties, and adequate funds must be included in the request. Casual labor positions may be approved for the initial duration of up to one year, to coincide with the end of the fiscal year. Thereafter, a review of the position will be conducted at the time of the annual budget requests. The rate of pay is determined by the schedule of salaries and wages maintained by human resources.

(7) Exempt employee:

An employee who is paid on a salary basis and exempt from overtime pay, in accordance with the Fair Labor Standards Act ("FLSA).

(8) Non-exempt employee:

An employee who is paid for actual hours worked, and is eligible for overtime pay, in accordance with the Fair Labor Standards Act ("FLSA").

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

3358:17-9-02 Introductory period for new employees.

The introductory period is a trial period of employment for the employee and the college.

(A) All new full-time and regularly scheduled part-time employees, including administrative and instructional employees, will begin employment in an introductory period. A casual labor employee, as defined in paragraph (BYS) of rule 3358:17-9-01 of the Administrative Code, upon accepting a full-time or regularly scheduled part-time position with the college, is subject to an introductory period.

(B) During the introductory period, the college may end the employee's employment at any time, for any reason or no reason, by providing notice in any form to the employee. Termination of the employee during the introductory period is effective the day of notification. Any employee terminated during his/her introductory period cannot appeal the termination decision. In addition, the employee is not entitled to any of the protections provided for in rule 3358:17-20-04 of the Administrative Code, or rule 3358:17-22-04 of the Administrative Code.

(C) The employee's immediate supervisor may, but is not required to provide a performance review of the employee's work during the introductory period.

(D) At any point prior to the end of the introductory period, the employee's immediate supervisor, with concurrence from the senior administrator for the department or academic division where the employee works, will recommend one of the following: that the introductory period be concluded, employment continued, and a contract of employment be issued (if the employee is one eligible to receive a contract, l see paragraph (A) rule 3358:17-9-03 of the Administrative Code) for the remainder of the fiscal year: or that the introductory period be extended pursuant to paragraph (F) of this rule: or termination of employment. The recommendation must be presented to the president of the college prior to the end of the introductory period. The president can approve, reject, or otherwise modify the recommendation. The president's decision is final.

(E) Length of introductory period.

The introductory period will last for one hundred eighty calendar days beginning with the employee's start date as determined by the director of human resources or his/her designee. A casual Labor employee who accepts a full-time or regularly scheduled part-time position with the college will begin his/her one hundred and eighty calendar days introductory period on the start date determined by the director of human resources or his/her designee.

(F) Extension of introductory period.

(1) The introductory period may be extended for a fixed period (the "extended introductory period") During the extended introductory period, the employee is given an opportunity to meet performance standards set forth by a prescribed plan of improvement. The prescribed plan of improvement will be created by the employee's immediate supervisor in consultation with the director of human resources. At any point prior to the end of the extended introductory period, the employee's immediate supervisor, with concurrence from the senior administrator for the department or academic division where the employee works, will recommend one of the following: that the extended introductory period be concluded and employment continued, and a contract of employment be issued (if the employee is one eligible to receive a contract, (see paragraph (A) rule 3358:17-9-03 of the Administrative Code) for the remainder of the fiscal year; or termination of employment. The recommendation must be presented to the president prior to the end of the extended introductory period. The president can approve, reject, or otherwise modify the recommendation. The president's decision is final.

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

3358:17-9-03 Employment contracts, at-will employees, and personnel records.

(A) Employment contracts.

(1) Except for those employees subject to an introductory period as described in rule 3358:17-9-02 of the Administrative Code, the board of trustees may issue contracts to administrative and Instructional employees, and professional staff. Each contract's term will not extend beyond the college's fiscal year, regardless of when during the fiscal year the contract issues. The board may provide the president with a contract with a different length term.

(2) Other than in exceptional cases as mentioned in paragraph (A)(6) of this rule, and paragraph (A)(7) of this rule, notice of non-reappointment may be given by the college in writing to an employee forty-five calendar days prior to the expiration of the contract.

(3) Receipt by the employee of the contract identified in paragraph (A)(1) of this rule shall constitute an offer of appointment to the employee. The employee shall notify his/her supervisor in writing of acceptance or non-acceptance of the appointment within thirty calendar days after receipt of the notice. Returning the signed contract shall constitute acceptance in writing.

(4) The employee shall have the right to terminate the contract by providing thirty calendar days advance written notice to human resources.

(5) Employment contracts are predicated upon representations regarding education and experience qualifications which, if subsequently proven to be inaccurate, shall cause the contract to be voidable.

(6) Employment contracts are contingent upon compliance with all college rules and regulations. Violation of the rules and regulations, or of any of the terms of the contract, shall cause the contract to be voided.

(7) Notice of a planned retirement should be given in writing to the direct supervisor, the president, and the director of human resources one - year in advance, if possible, so that the college may plan for the transition period.

(B) At-will employees.

Support staff, regularly scheduled part-time, and casual labor are employed on an "at-will" basis. Either they or the college may end the employment relationship with or without notice and with or without cause. These employees are not issued contracts.

(C) Personnel records.

The office of human resources shall be responsible for the personnel record system of the college.

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