Chapter 3358:5-13 Policies In General

3358:5-13-01 Drug-free workplace.

(A) The following behavioral expectations of employees and students are intended to protect the health, safety, and well-being of all individuals associated with the college:

(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcohol is prohibited on campus or at college activities off-campus.

(2) The use of a controlled substance shall be permitted if use of the particular drug is permitted by law and has been authorized as a use for medicinal purposes.

(3) Violations of this policy shall result in appropriate disciplinary measures being taken.

(B) Any bid submitted by a contractor that is not enrolled in a (BWC) drug-free program or have a program that (BWC) has determined to be comparable shall have their bid deemed non-responsive and not eligible for the award of contract(s).

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/27/89, 10/4/90, 7/1/98, 4/18/03, 7/6/04, 3/18/15

3358:5-13-02 Trespassing.

In accordance with section 2917.211 of the Revised Code, the board of trustees of Clark state community college did adopt on November 19, 1968, the regulation that it is unlawful for persons other than enrolled students, staff, and faculty to trespass, loiter, or remain in the buildings, or upon the grounds or premises without the permission of the president or an employee to whom he or she may delegate this authority.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 7/1/98, 3/27/15

3358:5-13-03 Smoke-free environment/alternative nicotine products.

(A) Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including but not restricted to, cigarettes, electronic cigarettes, cigars, or pipes.

(B) Alternative nicotine product means an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.

(C) The board of trustees of Clark state community college, in an effort to protect the health, safety and welfare of students, employees, and visitors to the college, prohibits smoking and the use of alternative nicotine products in all buildings, in the areas immediately adjacent to building entrances and in other enclosed areas owned or leased by the college and in all vehicles owned or leased by the college pursuant to Chapter 3794. of the Revised Code.

(D) The board of trustees of Clark state community college also prohibits the use of alternative nicotine products in all college-owned buildings and college-owned vehicles.

(E) The implementation and administration of this policy shall be under the direction of the college president.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/26/87, 6/21/93, 7/1/98, 10/28/05, 2/1/07, 8/20/12, 3/27/15

3358:5-13-03.1 Smoke-free environment/smokeless tobacco products procedures.

(A) Enclosed areas are defined as any area with a roof or other overhead covering of any kind and walls or side coverings of any kind on more than two sides. The college has designated entrances at all buildings as "no smoking." Individuals must move to other areas of the college to smoke. Additionally, the use of smokeless tobacco products in all college buildings and vehicles is prohibited.

(B) "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted where smoking is prohibited including at each entrance to every building. Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark. All signs shall contain a telephone number for reporting violations to the Ohio department of health.

(C) The Ohio department of health shall prescribe a schedule of fines for violations designed to foster compliance. The amount of a fine for a violation shall be up to a maximum of one hundred dollars per violation.

(D) The Ohio department of health shall prescribe a procedure for providing the college of written notice of a report of a violation and the opportunity to present in writing any statement or evidence to contest the report and shall prescribe procedures for making findings whether the college violated the law and for imposing fines for violations.

(E) Violations may be reported by any member of the public including but not limited to by mail, e-mail or toll-free telephone. A person shall not be required to disclose his or her identity in order to report a violation.

(F) Upon the receipt of a first report of a violation, the Ohio department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the college.

(G) Upon a report of a second or subsequent violation , the Ohio department of health or its designee shall investigate the report. If the director of health or director's designee concludes, based on all of the information before him or her, that there was a violation, he or she shall impose a civil fine upon the college in accordance with the director of health's schedule of fines.

(H) Violations may be appealed through the Franklin county court of common pleas.

(I) The director of health may institute an action in the court of common pleas seeking an order in equity for repeated violations of the law or failure to comply with its provisions.

(J) Smoking is permitted on outdoor patios as long as tobacco smoke does not enter any area in which smoking is prohibited (i.e., through windows, entrances, ventilation systems or other means).

(K) Other areas on property owned or leased by the college may be declared as non-smoking as long as signage conforming to the requirements of Chapter 3794. of the Revised Code is posted.

(L) Supervisors shall discuss the issue of smoking breaks with their staff. Together they shall develop effective solutions that do not interfere with the productivity of the staff.

(M) The college may assist employees who wish to quit smoking by facilitating access to recommended smoking cessation programs and materials.

(N) Posted "no smoking" signs shall not be obscured, removed, defaced, mutilated or destroyed.

(O) Any violation of these procedures shall be handled through the standard disciplinary procedure appropriate to the individual's relationship to the college (e.g., dean of students for students).

(P) Additional information is available through the Ohio department of health website athttp://www.odh.ohio.gov.

Effective: 8/20/2012
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04
Prior Effective Dates: 2/1/07

3358:5-13-04 Parking policy.

(A) Like most commuter colleges, Clark state community college places a high priority on providing sufficient, affordable, and convenient parking for students, faculty, staff and visitors.

(B) Parking regulations have been developed to maximize the use of parking spaces and to assist in maintaining lots. Faculty, staff and students are responsible for understanding and complying with parking regulations.

(C) The college reserves the right to ticket, immobilize and/or tow, at the owner's expense, any vehicle in violation of established parking regulations. Persistent violators may have their parking privileges denied.

(D) The college assumes no responsibility for the care of, damage to and/or protection of any vehicle or its contents at any time while it is operated or parked on campus.

(E) Parking regulations are posted on the college's web page.

Replaces: 3358: 5-13-04

Effective: 10/30/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 2/3/92, 7/1/98, 4/12/01, 2/9/07, 7/1/08

3358:5-13-05 Faculty code of ethics.

(A) Commitment to the students

(1) Educators measure their success by the progress of each student toward realization of the predetermined objectives of each course. The educator works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of goals.

(2) In fulfilling their obligation to the student, the educator:

(a) Shall respect the dignity of the student, acknowledge his/her right to express differing opinions, and foster and defend intellectual honesty and freedom of inquiry and instruction.

(b) Shall make known to the student the objectives of the course and shall attempt to accomplish these objectives through student interaction both inside and outside the classroom.

(c) Shall exercise prudence and make a reasonable effort to protect the student from conditions harmful to learning or to health and safety.

(d) Shall conduct themselves in their professional relationship in such a manner that they do not expose the student to unnecessary embarrassment or disparagement.

(e) Shall willingly teach all students enrolled in a course and evaluate them on academic performance in accordance with predetermined objectives and not on matters irrelevant to that performance, whether personality, race, religion, degree of political activism, or personal beliefs.

(f) Shall keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

(g) Shall not use professional relationships with students for private advantage.

(B) Commitment to the public

(1) Members of the academic community share with all other citizens the responsibility for the development of sound public policy and assume full political and civic responsibilities. Outside of one's professional field, the educator accepts the same responsibility, which all other individuals bear for their acts and utterances.

(2) In fulfilling their obligation to the public, the educator:

(a) Shall not misrepresent the institution with which they are affiliated and shall take care to take adequate precautions to distinguish between their personal and institutional views.

(b) Shall not knowingly distort or misrepresent the facts concerning educational matters in direct or indirect public expression.

(c) Shall not use institutional privileges for private gain or to promote political candidates or partisan political activities.

(d) Shall not accept gratuities, gifts, or favors that might impair or appear to impair professional judgment, nor offer any favor, service, or thing of value to obtain special advantages.

(C) Commitment to the profession

(1) The educator believes that the quality of the services of his/her profession directly influences the nation and its citizens. He/she, therefore, exerts every effort to raise professional standards, to improve his/her service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions, which attract persons worthy of the trust of careers in education.

(2) In fulfilling his/her obligation to the profession, the educator:

(a) Shall not discriminate on the grounds of race, color, creed, or national origin for membership in professional organizations, nor interfere with the free participation of colleagues in the affairs of their association.

(b) Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.

(c) Shall not use coercive means or promise special treatment in order to influence professional decisions of colleagues.

(d) Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law.

(e) Shall not misrepresent his/her professional qualifications.

(f) Shall not knowingly distort evaluations of colleagues.

(D) Commitment to professional employment practices

(1) The educator regards the employment agreement as a pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service. They believe that sound professional personal relationships with governing boards are built upon personal integrity, dignity, and mutual respect.

(2) In fulfilling their obligation to professional employment practices, the educator:

(a) Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation.

(b) Shall not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.

(c) Shall give prompt notice to the college of any change in availability of service, and the college shall give prompt notice of change in availability or nature of a position.

(d) Shall adhere to the terms of a contract or appointment, unless these terms have been legally terminated, falsely represented, or substantially altered by unilateral action of the college.

(e) Shall conduct professional business through channels that have been approved by the college.

(f) Shall not delegate assigned tasks to unqualified personnel.

(g) Shall not permit commercial exploitation of his/her professional position.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/4/02, 3/8/15

3358:5-13-07 Solicitations/sales policy.

(A) Solicitations for support of various activities must be approved by the president or his/her designee. Those that are customarily approved are community-based, non-political campaigns such as the united way, or campus-based activities such as the foundation scholarship and circle of friends fund drives.

(B) The following activities relating to solicitations/sales are prohibited unless prior approval is given as noted:

(1) Use of college name or letterhead - approved by the president

(2) Circularizing employees - approved by the chief human resources officer

(3) Providing lists of college employees to outside fund-raising groups - approved by the chief human resources officer

(4) Personal solicitation of employees during working hours (for example, school funding efforts of employee's child) - approved by the chief human resources officer

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/6/04, 3/27/15

3358:5-13-08 Mobile emergency response plan.

(A) Clark state community college will be able to better manage a crisis if prepared to deal with its possible occurrence before it actually unfolds. A MERP has been developed to guide the swift, unified and comprehensive reaction to a serious incident at the college and shall serve as a tool for training faculty and staff to respond to crisis events.

(B) The MERP shall provide the administrative protocol and procedures needed to deal with emergencies and crisis management situations on the college campuses.

(C) The office of the vice president for business affairs shall review and revise the MERP .

(D) The initial emergency procedures guide shall be printed and distributed to each employee and to student senate. The MERP shall be posted on the college's web site and available as an app downloaded to a mobile device .

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/1/98, 9/25/00, 12/14/05, 5/29/09, 3/18/15

3358:5-13-09 Strategic plan for energy management policy.

(A) Clark state community college recognizes that energy is a strategic business and operating challenge. Ongoing growth in the college's demand for energy and need for an affordable, reliable supply of energy with the new energy cost realities of a global economy require an integrated energy efficiency conservation plan that systematically offsets the rising costs of energy and increased campus demand. This plan focuses on reducing energy consumption per gross square foot, reducing carbon dioxide emissions and gaining system-wide efficiencies.

(B) The "Strategic Plan for Energy Management" sets forth energy goals, objectives and strategies for energy efficiency programs necessary for the college to satisfy the energy efficiency and conservation guidelines of Substitute House Bill 251 (section 3345.69 of the Revised Code) by fiscal year 2014.

(C) The "Strategic Plan for Energy Management" addresses three strategic challenges: energy reliability, energy conservation and sustainability. By recognizing the college's efforts and achievements to date, and detailing actionable strategies and programs that exceed the energy efficiency and conservation guidelines of Substitute House Bill 251 (section 3345.69 of the Revised Code), the college has developed a multi-year, cost effective strategy that addresses the safety and comfort of the college community while sustaining the college's asset base.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/17/09, 3/27/15

3358:5-13-12 Workplace violence prevention policy.

(A) Clark state community college is dedicated to providing safe, dependable working conditions for its employees. In order to achieve this goal, it is our policy to provide a workplace free from violence and violent acts. Consistent with this policy, Clark state community college has adopted a "zero tolerance" for workplace violence. In other words, acts or threats of physical violence, including intimidation, harassment, and/or coercion between employees in the workplace or job related contacts with persons outside college employment shall not be tolerated and shall be subject to disciplinary action up to and including termination. Those committing any threat or acts of physical violence, who are not college employees, shall be handled through the criminal complaint process.

(B) This policy applies to all employees of Clark state community college, including exempt, non-exempt, faculty, adjunct faculty, substitutes, temporary employees, contract employees, and student workers.

(C) This policy shall be administered as set forth in the associated workplace violence prevention procedures.

(D) The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the workplace violence prevention policy and procedures.

Effective: 10/30/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 5/14/04, 3/27/15

3358:5-13-14 Safety and health policy.

(A) The administration of Clark state community college recognizes the importance of safety and health by promoting voluntary compliance with all pertinent safety requirements and is committed to providing a workplace for all employees in which recognized hazards are controlled or eliminated.

(B) The philosophy and objectives behind this commitment are:

(1) The safety and health of all college employees is a prime priority.

(2) The only acceptable level of safety and health performance is one that prevents injury and accidents.

(3) Safety and health are an integral part of the daily business functions.

(4) Safety and health are a responsibility that must be shared equally and without exception by everyone within the college.

(5) The administration and those with supervisory responsibilities shall be held accountable for the safety and health of the personnel for whom they are responsible. All employees shall be required to make their safety and the safety of their fellow workers a prime priority.

(6) The administration is committed to developing options for returning injured workers and employees with work-related illnesses to work at the earliest opportunity.

(C) Each individual within the organization shall be expected to conduct their daily tasks in a manner consistent with the philosophy and objective in this policy.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/15/04, 3/27/15

3358:5-13-15 Communicable disease policy.

(A) Clark state community college shall make every attempt to allow their employees and students to work or attend classes providing they are physically and mentally capable and, if in doing so, they do not impose an increased risk to their own health or the health of others.

(B) The college shall not utilize the HIV antibody test in decisions regarding recruitment and/or retention of its students or employees. Any individual known to have a disease classified as communicable and who presents a significant risk of disease transmission through casual contact with other employees and students shall be restricted from attending work or class until they are no longer able to transmit the disease.

(C) Employees or students infected with diseases that are transmitted through close contact must properly govern their behavior in light of known disease transmission and based on current medical knowledge. Any individual whose behavior endangers others shall be isolated or removed from the campus by the campus police department. The decision to restrict or exclude any individual will be rendered on a case-by-case basis using medically based judgments to ensure the welfare of the college and the entire campus community.

(D) The college is committed to maintaining a safe and healthy work environment for all employees and students. The college also recognizes its obligation to maintain the confidentiality of any and all medical information and will only disclose such information where required by state or federal law. The college shall not tolerate harassment or other forms of discrimination against employees or students with communicable or life threatening diseases.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 11/5/04, 3/18/15

3358:5-13-16 Concealed carry policy.

(A) Pursuant to Chapter 2923. of the Revised Code, it is a criminal offense to carry on their person a firearm, explosive device, firework, deadly weapon, dangerous or illegal weapon, or hazardous material, concealed or otherwise, on college-owned or controlled property. If an individual observes another with any of the above, they shall notify the campus police department and provide the following information:

(1) Name

(2) Location (be specific)

(3) Nature of problem (be specific)

(4) Description of victim and/or assailant (be specific)

(B) Individuals are permitted to transport a loaded, concealed handgun in a motor vehicle only if it is carried in one of the three following ways:

(1) In a holster on your person that is in plain sight. Plain sight means clearly visible or unobstructed.

(2) In a closed, locked glove compartment.

(3) In a case that is in plain sight and that is locked.

(C) Anyone found in violation shall be subject to arrest, criminal prosecution and disciplinary action by the college.

(D) Additional information regarding the state's concealed carry law can be found at the website of the Ohio attorney general at http://www.ag.state.oh.us.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 2/28/05, 3/18/15

3358:5-13-17 Naming rights policy.

(A) College facilities, programs and initiatives may be named to recognize significant gifts to Clark state foundation for the benefit of the college.

(B) The vice president of external affairs shall maintain a listing of available naming opportunities with recommended gift levels.

(C) Naming opportunities must be approved by the college president in advance of offering the recognition to a prospective donor

(D) A named facility will retain the use of the name as long as the area remains in use. If the facility is demolished or repurposed, an alternative means of recognizing the donor will be established.

(E) The board of trustees retains the right to revoke a naming recognition in the event that the continued use of the name may compromise the public trust or be contrary to the best interests of the college.

Effective: 2/1/2016
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358