Chapter 3358:5-3 Employment

3358:5-3-01 Categories of employment.

Regular employees are classified in one of the following groups: exempt staff, non-exempt staff, and instructional faculty. Non-regular employees are classified in one of the following groups: adjunct faculty, personnel services, and substitutes.

(A) Exempt staff

(1) Exempt staff hold positions with the following characteristics:

(a) Are compensated on a salary basis

(b) Are exempt from minimum wage and overtime compensation

(c) Customarily exercise discretion and judgment

(d) Have required specific knowledge and skills

(e) Are engaged in primarily intellectual work

(f) May direct the work of one or more people

(g) May have the authority to recommend hiring and firing

(2) Exempt staff holding faculty rank are governed by certain sections in the faculty handbook.

(3) Exempt staff are appointed as either full-time (those who work between two hundred days and two hundred sixty days) or part-time (those who work less than two hundred days).

(4) Exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the job trial period as determined by the immediate supervisor and the director of human resources.

(5) Continuing employment for all exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of exempt employees teaching for the college on an adjunct basis.

(B) Non-exempt staff

(1) Non-exempt staff are those administrative support, technical, custodial and maintenance personnel who support the college's exempt staff and instructional faculty.

(2) Non-exempt staff are covered by the federal wage hour law which provides for minimum wage and overtime/compensatory time for hours worked in excess of forty per week.

(3) Non-exempt staff are appointed as either full-time (those who work between sixteen hundred hours and two thousand eighty hours per year) or part-time (those who work less than sixteen hundred hours per year).

(4) Non-exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the-job trial period as determined by the immediate supervisor and the director of human resources.

(5) Continuing employment for all non-exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of non-exempt employees teaching for the college on an adjunct basis.

(C) Instructional faculty

(1) Instructional faculty are those employees who facilitate student learning. Instructional faculty work one hundred seventy-four days during the academic year ( August through May). Instructional faculty may be appointed to work one hundred seventy-four days during the academic year with a teaching load of less than fulltime.

(2) Multiple year contracts

(a) Upon the completion of four years of service to the college under single-year contracts, instructional faculty members may be nominated by their divisional administrator for a multiple)year contract. Upon the completion of two two-year contracts, instructional faculty members may be offered a three-year contract. Subsequent contracts may be offered for one, two, or three years as recommended by the president and approved by the board of trustees.

(b) A multiple year contract indicates a commitment of service to the college but does not guarantee that all of that service will be in one particular position, such as program coordinator. If the position of employment changes, the salary shall be recomputed at the same daily rate of pay.

(c) Upon approving the divisional administrator's recommendations for a multiple year contract, the vice president of academic and student affairs forwards his/her recommendations to the president. The president takes the recommendations to the board of trustees for formal approval.

(d) Any eligible instructional faculty member not recommended for a multiple year contract may request a hearing with the divisional administrator. Any further review shall be conducted in accordance with procedures set out in the grievance procedures.

(3) Instructional faculty members whose salary is funded by a third party will receive one-year contracts with the employment contingent on the continuance of the funding.

(4) For details regarding the diversity fellowship program and temporary full-time faculty, please refer to rules 3358:5-3-01.1 and 3358:5-3-01.2 of the Administrative Code.

(D) Adjunct faculty

(1) Adjunct faculty shall be placed in one of the following categories:

(a) Adjunct faculty with a semester contract

(i) Ranked adjunct faculty employed to teach one or more credit courses for one semester.

(ii) Adjunct faculty may teach up to twenty-one credit hours per academic year. Faculty who provide exclusively laboratory and/or clinical instruction may teach up to fourteen lab contact hours or twenty-eight clinical contract hours per week.

(iii) Adjunct faculty are contracted for individual courses .

(iv) This section does not pertain to those teaching non-credit continuing education courses and business and industry training.

(v) Adjunct faculty must meet the regular full-service faculty rank criteria in order to become a ranked adjunct faculty member. The highest initial rank upon employment is that of adjunct instructor II. Initial classification and ranking is determined by the dean of the respective division. Adjunct faculty must meet specific criteria to be eligible for promotion in rank to adjunct instructor III and to adjunct instructor IV.

(b) Special supplemental staff: persons teaching credit or non-credit courses in the continuing education and business and industry units.

(c) Substitute: persons substituting on a day-to-day basis.

(d) Long-term substitute: persons substituting in a long-term situation.

(e) College staff: exempt and non-exempt staff may teach for the college as long as they teach outside their normal work hours and abide by the teaching limits imposed on adjunct faculty with a semester contract as stated in paragraph (D)(1)(a)(ii) of this rule.

(2) Please refer to rule 3358:5-5-01.4 of the Administrative Code for details regarding the pay rate for adjunct faculty.

(E) Personnel services employees are those employees who provide non-teaching services for the convenience of the college. Personnel services employees are contracted on a semester basis as the need arises.

(F) Substitute employees are those employees who are hired for a limited period to perform a specific task for the convenience of the college.

Effective: 8/20/2012
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04
Prior Effective Dates: 3/13/78, 1/1/94, 7/12/96, 7/1/98, 10/9/02, 1/6/03, 4/1/03, 2/26/04, 3/7/05, 2/1/07, 8/26/11

3358:5-3-02 Releasing personnel as consultant-evaluators.

(A) A qualified full-time employee wishing to serve as a consultant-evaluator for purposes of accreditation review shall submit a written request via administrative channels to the office of the president as soon as possible but no later than ten days prior to the day(s) of absence requested. Requests will not be approved without endorsed certification relative to staffing needs by the appropriate supervisory personnel. The president shall be the final authority on all approvals or rejections.

(B) All expenses involved, exclusive of the salary of the released personnel, must be borne by the accrediting agency, the institution requesting services, or the employee released.

(C) Honorariums may not be accepted by released personnel except under the following conditions prescribed by the auditor of the state of Ohio.

(1) If the person involved is either the president or vice president of the institution, they may not at any time accept any form of additional compensation other than expenses from a public institution of the state of Ohio.

(2) Employees other than the president or vice president may accept compensation in addition to expenses from public institutions of the state of Ohio provided they serve as a consultant-evaluator on a non-work day, or take a day(s) of due vacation, or take a day(s) of leave with salary reduction pursuant to per diem policy.

(D) Employees released to serve as consultant-evaluators may accept compensation in addition to expenses from proprietary, private, or out-of-state public institutions provided they serve as an evaluator/consultant on a non-work day or take a day(s) of due vacation, or take a day(s) of leave with salary reduction pursuant to per diem policy.

Replaces: 3358: 5-3-02

Effective: 7/1/1998
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78

3358:5-3-03 Personnel retrenchment policy.

(A) It is the policy of the board of trustees of Clark state community college to maintain the financial viability of the institution through the judicious use of all of its resources in the continued pursuit of excellence as a state community college.

(B) Pursuant to its statutory responsibilities to prescribe rules and regulations for the efficient management of the college, and in recognition of projections of diminishing as well as changing patterns of enrollments and funding, the president is directed to establish administrative procedures for the determination of financial exigency or lack of program enrollment involving personnel retrenchment (reduction-in-force).

These procedures will be designed to provide appropriate information to the college community, to explore reasonable alternatives to personnel retrenchment, and in the event such is determined unavoidable, to ensure the most orderly, equitable, and least disruptive personnel realignment possible.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/1/79, 7/1/98, 3/18/2015

3358:5-3-04 Sexual discrimination and Title IX policy.

(A) Clark state community college is committed to providing a safe, collegiate, working and learning environment that promotes personal integrity, civility, and mutual respect and that is free of discrimination, harassment, or adverse treatment on the basis of sex, which includes all forms of sexual misconduct. Sex discrimination violates an individual's fundamental rights and personal dignity. Clark state community college considers sex discrimination in all its forms to be a serious offense. This policy refers to all forms of sex discrimination, including but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties.

(1) Title IX of the Education Amendments of 1972 to the Higher Education Act of 1965 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. To ensure compliance with Title IX and other federal and state civil rights laws, the college has developed policies and procedures that prohibit sex discrimination in all of its forms.

(2) Clark state community college does not discriminate on the basis of race, color, creed, religion, national origin, ancestry, sex, (including pregnancy and gender identity), marital status, child-bearing status, age, disability, veteran status, sexual orientation, family medical history or genetic information in its education programs and activities.

(B) Clark state community college encourages anyone who has experienced sex discrimination in any form to promptly report the incident, to seek all available assistance, and to pursue corrective action through the college against the offender. The college encourages anyone who has experienced sex discrimination to report the incident to the appropriate Title IX coordinator listed in the associated procedures. The Title IX coordinator can assist with all aspects of the reporting procedure and will conduct an investigation into a complaint as appropriate.

For the purposes of this policy, "sexual harassment" is defined as follows:

Unwelcome conduct of a sexual nature. It includes unwelcome and unwanted sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made explicitly or implicitly a term or condition of instruction, employment, or participation in any college activity;

(2) Submission to or rejection of this conduct by an individual is used explicitly or implicitly as a factor in academic or personnel decisions affecting the individual;

Examples of sexual harassment include but are not limited to unwanted sexual advances; promising, directly or indirectly, a student or employee a reward, if the student or employee complies with a sexually oriented request; repeated and unwelcome sexual flirtation, advances; direct propositions of a sexual nature; verbal abuse of a sexual nature; prowess or sexual deficiencies; leering, whistling, touching, pinching, patting, physical assault; coerced sexual acts; suggestive, insulting, obscene comments or gestures; sexually explicit statements, jokes, or anecdotes; and displaying pornographic or sexually oriented materials.

(C) Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol, or due to an intellectual or other disability.

Examples of sexual violence include rape, sexual assault, sexual battery, and sexual coercion.

Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment sometimes involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment.

(D) This policy applies to:

(1) Non-exempt and exempt staff employees

(2) Faculty and adjunct faculty

(3) Temporary employees

(4) Students

(5) Vendors, visitors, and other third parties

(E) The college will not tolerate sexual harassment, whether engaged in by fellow employees, supervisors, students, or by other non-employees who conduct business with the college. The college shall investigate any incident of alleged sexual harassment and shall take any action it deems appropriate after evaluating all of the circumstances. The college encourages reporting of all incidents of sexual harassment, regardless of who the offender may be, in accordance with established administrative procedures.

(F) This policy shall be administered as set forth in the associated procedures.

(G) The office of the director of human resources shall be assigned the responsibility of developing, implementing, and maintaining the sexual discrimination and Title IX policy and procedures.

Effective: 3/27/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:5-3-05 Hiring, recruitment and selection policy.

(A) Clark state community college seeks to attract, find and select highly talented individuals who align with the mission, goals, vision and values of the college; who possess the required competencies; fit the organization's culture; and who integrate smoothly and productively into the college. The above shall be fulfilled within the context of the following statement of nondiscrimination and commitment to diversity:

(1) Equal opportunity statement: The college is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by law or college policy in its educational programs, activities, admissions, or employment practices as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable statutes.

Inquiries concerning Title IX and/or 504 compliance should be referred to the chief human resources officer, 100 South Limestone street, Springfield, Ohio 45502, 937-328-6125. Students seeking information regarding services for students with disabilities should contact the office of accessibility services office at the Leffel lane campus at 937-328-6098.

(2) Commitment to diversity: The college is committed to employing administrators, faculty and staff members who are dedicated to student success. The college recognizes that diversity in the academic environment fosters cultural awareness, promotes mutual understanding and respect and provides suitable role models for all students. The college is committed to hiring and staff development processes that support both equal opportunity and diversity, and provide equal consideration for all candidates as required in federal and state law.

(B) This policy applies to the following groups:

(1) Faculty

(2) Exempt employees

(3) Non-exempt employees

(4) Other employees

(5) Applicants for employment

(C) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(D) Any false statement, misrepresentation or significant omission on the application form or resume submitted by the applicant may be cause for immediate dismissal from the college.

(E) The chief human resources officer has the responsibility of developing, implementing and maintaining the hiring, recruitment and selection policy and procedures.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 2/1/91, 7/1/98, 1/6/03, 7/13/12, 1/31/13, 3/18/2015

3358:5-3-07 Separation from employment.

(A) Separation from employment at the college may be caused by retirement, resignation, contract non-renewal, or involuntary termination. Each type of separation carries certain obligations for both the employee and the college.

(1) Retirement is customarily well planned and the employee should inform the supervisor as far in advance as possible of the effective date. Wherever possible, the college shall respect the wishes of the employee and shall work out a phase-out program that benefits both the employee and the on-going needs of the college. The college does not have a mandatory retirement age.

(2) Resignation may occur at any time for all employees except instructional faculty. The college respects the effective date of the resignation in exchange for the consideration a resigning employee has for the impact of the resignation to the on-going activities of the college.

Appointment to an instructional faculty position at the college is by contract. As such, there is a professional/legal obligation on the part of the instructional faculty member and the college to abide by the terms of the contract. Instructional faculty members have a professional/legal responsibility to provide reasonable notice (in a timely fashion) when they request to be released from a mutually agreed upon contract.

(3) The college reserves the right to decline the renewal of instructional faculty contracts without providing for cause.

(4) Involuntary terminations could occur in the event of retrenchment, the unsatisfactory performance of an employee, or at any time for any or no cause (at-will employer).

(5) In instances where evaluative procedures indicate lack of satisfactory performance in teaching, professional growth, and service to the college and/or the non-renewal of an instructional faculty member's contract, a recommendation for termination of employment of an instructional faculty member shall be made to the board of trustees by the president.

(B) Administrative guidelines and procedures to implement the policy for separation from employment shall be at the discretion and approval of the president.

Replaces: 3358: 5-3-07

Effective: 7/1/1998
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 1/28/78

3358:5-3-09 Equal employment opportunity and diversity policy.

(A) Purpose

To reaffirm and restate the college's continuing commitment to diversity and the principles of equal opportunity; to increase effectiveness by setting forth the action being taken and to be taken by the college and its employees concerning equal opportunity in educational programs and employment.

(B) Equal opportunity statement

Clark state community college is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by law or college policy in its educational programs, activities, admissions, or employment practices as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable statutes. Inquiries concerning Title IX and/or 504 compliance should be referred to the chief human resources officer, 100 South Limestone street, Springfield, Ohio 45502, (937) 328-6125. Students seeking information regarding services for students with disabilities should contact the office of accessibility services at the Leffel lane campus (937) 328-6098.

(C) General policy

The college is committed to complying with all applicable laws regarding non-discrimination. Furthermore, it shall strive to build a diverse community in which opportunity is equal for all persons regardless of race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by law or college policy. The college is also committed to providing educational opportunities, developing definite operational plans and acting as a responsible institution to reduce and/or eliminate educational and job inequities among all people and will take positive steps in its response to the needs for equitable distribution of education and job access among all people. The college is further committed to taking steps to increase the number of diverse individuals in positions where they have not been traditionally employed.

(D) Specific policy - employment

The college shall not discriminate against any employee or applicant for employment because of race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by law or college policy. Further, the college, through its employment practices and procedures shall recruit and employ qualified personnel for all of its diverse activities and at all of its facilities. The college provides equal opportunities before and during employment by administering each and every phase of its personnel program without regard to race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by law or college policy.

(E) Subcontractors, independent contractors and vendors

Clark state community college shall make an effort to ensure equal opportunity for people of color, women, and other diverse individuals/groups when bidding construction/renovation projects, contracting with independent contractors and purchasing goods and services. Clark state shall incorporate the equal employment opportunity statement in each business contract and affiliated agency contract and purchase order.

(F) Release of information from personnel data files

In order to prevent invasions of privacy, it is the policy of Clark state community college to carefully control the release of data such as race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability, especially when linked to names. Clark state, however, may be required to release such information in order to comply with Ohio's public records law. Release of student personnel data is subject to the Family Educational Rights and Privacy Act.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/26/05, 1/31/13, 3/18/2015

3358:5-3-10 Faculty salary administration policy.

(A) Clark state community college supports a salary administration process that is based on internal equity and market competitiveness.

(B) Fair market value is also a critical component of salary administration.

(C) The college shall use benchmarks of other colleges against which the salaries will be compared.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 6/27/03, 3/18/2015

3358:5-3-11 Employee performance management system policy.

(A) Clark state community college hires employees with the specific knowledge, skills, and competencies necessary to achieve organizational goals. To help employees maintain and enhance these individual attributes and experience personal success, Clark state employs a robust, comprehensive employee performance management system in which all regular employees participate. This system is employed throughout the performance cycle in order to align the employee's performance goals/objectives with the college's mission, vision, and strategic plan. It provides each employee with clear performance objectives, ongoing coaching and feedback, professional development, recognition for outstanding work, and serves as data for human resources decisions. The employee performance management system also serves as a means to measure employees' effectiveness on the job; identify areas where employees need training, growth, improvement and/or additional resources; and as a means to encourage supervisors to motivate and communicate with employees.

(B) This policy and associated procedures address separate performance management processes for all regular employees including staff and instructional faculty.

(C) The employee performance management system is composed of the following four major components. These components are implemented throughout the year in order to provide a continuous process of effective, two-way communication between the supervisor and the employee.

(1) Planning and goal setting

(2) Managing/coaching

(3) Mid-year reviews (staff only)

(4) Annual reviews (bi-annual for specific instructional faculty)

(D) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(E) The office of the director of human resources shall be assigned the responsibility of developing, implementing, and maintaining the employee performance management system.

Replaces: 3358: 5-3-11

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 6/15/02, 7/1/98, 1/6/03, 7/6/04, 10/12/05, 12/8/10

3358:5-3-12 Faculty load and overload policy.

(A) Clark state community college's load for instructional faculty is designed to be competitive with other colleges of similar size and geographic location.

(B) Faculty responsibilities lie in the areas of teaching/learning, professional growth, and service to the college and community.

(C) The teaching load for full-time instructional faculty is fifteen load hours per term or thirty per academic year.

(D) The number of days faculty are on contract is one hundred seventy- three.

(E) Full-time instructional faculty and exempt employees holding faculty rank teaching summers and overload will be paid according to the following schedule effective August 17, 2015:

1)

Instructor

$545

2)

Assistant Professor

$575

3)

Associate Professor

$620

4)

Professor

$670

(F) Appropriate administrative procedures have been developed to implement the policy and have been approved by the president.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 4/24/78, 6/15/82, 2/7/83, 9/16/91, 1/1/94, 7/1/98, 9/1/01, 4/18/03, 9/1/04, 9/1/06, 11/15/10, 8/20/2012, 3/18/15

3358:5-3-13 Work week policy.

(A) At Clark state community college, the work week runs from Monday through Sunday.

(B) Full-time instructional faculty members are expected to teach according to the schedule that has been established by the respective dean. In addition to their teaching assignment, instructional faculty are expected to give time to committee work, general or division staff meetings, and have posted office hours for student consultation. Full-time instructional faculty members are to be available to students, through posted office hours, five hours per week. Two of the five hours may be scheduled for use of innovative methods to increase accessibility to students.

Faculty members are expected to hold classes at times and places listed in the class schedule. Requested changes must be cleared through the divisional office and reported to the dean.

Faculty members who are unable to meet assignments due to illness or other unavoidable reason shall inform their dean as soon as possible.

Whenever it is necessary for a faculty member to be away from campus for any reason, appropriate arrangements shall be made for the missed classes and the absence shall be reflected on the bi-weekly time summary which is completed by the dean.

(C) Non-exempt staff are assigned working hours with full-time, ( 1.0 FTE) employees working forty hours per work week. Employees assigned to administrative or academic units typically follow a daily (eight a.m. to five p.m.) work schedule with one hour (sixty minutes) allowed for lunch. Information technology, maintenance, and custodial personnel frequently follow a different eight hour daily schedule to allow access to unoccupied classrooms, office areas, and equipment.

In order to fully and effectively meet the needs of all students/customers, some offices may be required to extend their office hours. In these situations, supervisors may establish an employee's schedule that may include an earlier or later start time and an earlier or later end time. Where possible, practical, and where no degradation of service is experienced, the supervisor may implement a flexible work schedule including a thirty minute lunch period. Provisions of the forty hour work week must be adhered to at all times.

The college does not designate a formal rest period for non-exempt employees. Taking a break depends on the department involved and whether or not the work of the department is of such a nature that it can be interrupted at some time during the day for these employees to have a few minutes off. When rest periods are allowed, these are limited to two (fifteen minute) breaks per day -- one in the morning and one in the afternoon. Rest periods are not cumulative and may not be taken at the beginning or end of the day or be attached to a lunch period.

(D) Exempt staff are generally assigned working hours with full-time employees working eight hours per day during a five-day work week. However, it is understood and recognized by these employees that there may be instances, due to work load, college functions, etc., where they may be required to work additional hours per week.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 7/1/98, 1/6/03, 4/24/06, 6/16/06, 6/1/11, 3/27/2015

3358:5-3-13.2 Summer hours procedures.

(A) Summer hours shall commence on the Monday following graduation and continue through ten subsequent weeks.

(B) Summer hours shall consist of an extended work day beginning at seven-thirty a.m. and ending at five p.m. with an hour-long lunch period (eight and one-half work hours) on Monday, Tuesday, Wednesday, and Thursday; on Friday, the work day will begin at seven-thirty a.m. and end at two p.m. with a half-hour lunch period (six work hours).

(C) Summer hours allow supervisors the flexibility to adjust their employees' regular work schedule to the point where all regular hours are completed and employees leave at two p.m. on Friday. Alterations to this work schedule can be established by the supervisor and must be communicated to the director of human resources in writing.

(D) The special summer hours work schedule for the second shift custodial staff and the performing arts center staff shall be worked out with their respective supervisor.

(E) Time sheets shall reflect the actual hours worked each day.

(F) Leave time shall be taken to correspond with the number of hours the employee would have been scheduled to work on a particular day (e.g., eight and one-half hours Monday through Thursday or six hours on Friday).

Replaces: 3358: 5-3-13.2

Effective: 6/13/2011
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04
Prior Effective Dates: 6/16/06

3358:5-3-15 Overtime and compensatory time policy.

(A) Employees are often required to work above their normal scheduled hours during the forty-hour workweek (otherwise referred to as overtime). Acknowledging that need, Clark state community college is committed to ensuring all eligible employees are fairly compensated for all overtime hours worked in accordance with the provisions of the department of labor and the Fair Labor Standards Act. This policy is designed to ensure fair and consistent application of pay practices across the college.

(B) Definitions:

(1) Work week - A workweek is defined as Monday to Sunday.

(2) Overtime - Overtime is defined as any hours physically worked and/or approved school closings over forty hours in one workweek. Hours included in the calculation of these forty hours are actual hours worked, holiday time, winter break, and weather hours (times the college is closed).

(3) Overtime pay is defined as money earned by non-exempt employees who earn overtime in one workweek. This is computed at the rate of one and one-half times the employee's regular rate of pay for overtime hours worked.

(4) Compensatory (comp) time is defined as one and one-half hours off for every hour of overtime worked.

(5) Holiday hours is defined as the employee's normal scheduled work hours for that day.

(6) Holiday pay is defined as the employee's holiday hours times his/her regular rate of pay. Holiday will be administered in accordance with the college calendar/holiday pay policy (rule 3358:5-5-121 of the Administrative Code).

(C) This policy applies to the following employees:

(1) Full-time, non-exempt employees (employees hired to work sixteen hundred to two thousand eighty hours per year). Full-time, non-exempt employees are eligible for overtime and comp time.

(2) Part-time, non-exempt employees (employees hired to work less than sixteen hundred hours per year). Part-time employees are eligible for overtime only.

(3) Full-time and part-time exempt employees (exempt staff, faculty, and adjunct faculty). Full-time and part-time exempt employees are not eligible for overtime or comp time.

(D) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(E) The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the "Overtime and Compensatory Time Policy."

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 7/1/98, 4/24/06, 3/18/2015

3358:5-3-16 Per diem pay adjustment.

(A) When it is necessary to calculate the daily rate for an employee and make a pay deduction from an employee's base salary the following divisor shall be used:

(1) Regular full-time employees:

(a) Instructional faculty - one hundred seventy-four days.

(b) Exempt staff - two hundred sixty days.

(c) Non-exempt staff - two thousand eighty hours.

(2) Regular part-time employees:

(a) Instructional faculty - 174 days x FTE.

(b) Exempt staff - 260 days x FTE.

(c) Non-exempt staff - 2080 hours x FTE.

(B) When it is necessary to calculate vacation pay for resigning employees or to calculate vacation or severance pay for retiring employees, the following divisor shall be used:

(1) Regular full-time employees

(a) Instructional faculty - one hundred seventy-four days.

(b) Exempt and non-exempt staff - two hundred forty eight days less the number of vacation days accrued annually.

(2) Regular part-time employees

(a) Instructional faculty - 174 days x FTE.

(b) Exempt and non-exempt staff - 248 days x FTE less the number of vacation days accrued annually.

Effective: 8/20/2012
Promulgated Under: 111.15
Statutory Authority: 3358.04
Rule Amplifies: 3358.04
Prior Effective Dates: 3/13/78,7/1/98, 1/6/03, 3/1/03, 7/26/05, 2/1/07

3358:5-3-17 Payroll deductions.

Employees shall have available to them the following payroll deductions:

(A) Federal tax - starts upon employment and is deducted from each bi-weekly paycheck

(B) State tax - starts upon employment and is deducted from each bi-weekly paycheck

(C) City tax (if required) - starts upon employment and is deducted from each bi-weekly paycheck

(D) Flexible spending account - starts upon employment or beginning of plan year and is deducted from each bi-weekly paycheck. The plan year shall begin October first.

(E) Group health insurance - starts upon authorization by employee and is deducted from first and second paycheck in each month

(F) Medicare tax - starts upon employment (for employees hired after April 1986) and is deducted from each bi-weekly paycheck

(G) Retirement (SERS/STRS/ARP) - starts upon employment and is deducted from each bi-weekly paycheck and are subject to the provisions of these respective retirement systems; the employee's contribution is supplemented by the board of trustees' contribution, which is in addition to the employee's annual salary.

(H) Tax sheltered annuity (403(b)) - starts upon authorization by employee and is deducted from first and second paycheck in each month

(I) Vision insurance - starts upon authorization by employee and is deducted from the first and second paycheck in each month

(J) "Ohio Public Employee Deferred Compensation", 457, and other approved deferred compensation programs

(K) Clark state foundation scholarship fund - starts upon authorization by employee and is deducted from each bi-weekly paycheck (maximum of twenty-six pays beginning May)

(L) United way contribution - starts upon authorization by employee and is deducted from each bi-weekly paycheck (maximum of twenty-six pay deductions)

(M) Health savings account (if applicable)

(N) Supplemental insurance programs (optional)

(1) Cancer insurances - starts upon authorization by employee and is deducted from the first and second paycheck in each month

(2) Disability insurance - starts upon authorization by employee and is deducted from the first and second paycheck in each month

(3) Group term life insurance supplement - starts upon authorization by employee and is deducted from first and second paycheck in each month

(4) Universal whole life insurance - starts upon authorization by employee and is deducted from the first and second paycheck in each month

(5) Accident insurance

(6) Hospital confinement indemnity insurance

(7) Others as may become available

Replaces: 3358: 5-3-17

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 7/1/82, 7/1/98, 1/6/03, 4/1/03

3358:5-3-18 Use and ownership of employees' personal work products.

(A) Employees may not utilize Clark state community college personnel, facilities, or equipment for purposes not related to the college mission without the written permission of the president, or his or her designee.

(B) For purposes relating to the college mission, unless otherwise provided in writing signed by the president, the institution shall have unlimited use of all employees' personal work products created with the assistance of institutional personnel, facilities, or equipment.

(C) For purposes relating to the college mission, unless otherwise provided in writing signed by the president, materials, processes, or work products created with the assistance of institutional personnel, facilities, or equipment, or created while under contract with the institution for the purpose of the creation of such materials, processes, or work products shall be the exclusive property of the institution.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/4/02, 4/23/90, 7/1/98, 3/27/15

3358:5-3-19 Nepotism.

(A) The college shall not prohibit employment of relatives in the same department, division or administrative unit provided that neither relative participates in making recommendations or decisions specifically affecting the appointment, retention, evaluation, work assignment, promotion, demotion, or compensation of the other relative.

(B) For the purposes of this policy, relatives are defined as brother, sister, mother, father, wife, husband, son, daughter, brother-in-law, sister-in-law, mother-in-law, father-in-law, stepchildren, stepparent, grandparent, step-grandparent, grandchildren, step-grandchildren.

(C) If individuals are in violation of the nepotism policy, the following must be conducted by the cognizant administrator/supervisor:

(1) First priority is to effect a transfer of one of the related individuals if possible.

(2) Second priority is to transfer total supervisory responsibility for that individual from the immediate supervisor to the second-level supervisor. Total responsibility refers to participation in making recommendations or decisions specifically affecting the appointment, retention, evaluation, work assignment, promotion, demotion, or compensation of employees.

Replaces: 3358: 5-3-19

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/1/98, 1/6/03

3358:5-3-20 Conflict of interest policy.

(A) conflict may arise when an employee of the college engages in some activity which is adverse to the interests of the college, its employees, or students. Examples of such conflicts include:

(1) Conduct which is disloyal, disruptive, competitive or damaging,

(2) Outside employment which impacts the best efforts of an employee in discharging college duties,

(3) Use or disclosure of confidential information for personal gain,

(4) Solicitation or acceptance of personal gifts or services (except those of nominal value) from vendors or potential vendors to the college,

(5) Purchasing equipment, supplies, or services from oneself or a relative-owned business.

(B) Employees who are uncertain if their actions may constitute a conflict of interest should check with their supervisor.

(C) Full-time employees may not accept employment outside the college without written presidential approval.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/1/98, 8/4/06, 3/18/2015

3358:5-3-21 Disciplinary action policy.

(A) Employees are expected to conduct themselves professionally and follow Clark state community college policies and procedures. Self-discipline is the goal; however, in instances where self-discipline and mutual cooperation have not occurred, it may be necessary for corrective action. For those instances, the college has developed disciplinary action policy and procedures to ensure a fair, consistent, and objective means of correcting and improving unsatisfactory work performance or behavior of employees.

(B) The college's disciplinary philosophy shall be corrective and progressive. However. if an unreasonable behavior or misconduct is so severe it may warrant skipping a disciplinary step, up to immediate dismissal.

(C) This policy applies to employees of Clark state community college, including exempt, non-exempt, faculty, and adjunct faculty.

(D) The employee shall have access to due process under rule 3358.5 -5-08 of the Administrative Code. employee complaint and grievance policy, and rule 3358.5 -5-08.1 of the Administrative Code, employee complaint and grievance procedures, for all disciplinary actions with the exception of termination of employment.

(E) This policy shall be administered as set forth in the associated disciplinary action procedures.

(F) The office of human resources shall be assigned the responsibility of developing implementing, and maintaining the disciplinary action policy and procedures.

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 8/1/04, 3/18/2015

3358:5-3-22 Academic instruction support compensation model procedures.

(A) Vision - All courses shall have a Blackboard course shell and adhere to best practices.

(B) Mission - provide quality, technology-enriched alternative methods of instruction and learning for all students.

(C) Sufficient fiscal resources shall be allocated to support quality, technology-enriched instruction and learning.

(D) Faculty requirements

(1) All faculty (both full-time and adjunct) shall be required to:

(a) Participate in training and/or demonstrate ability to use instructional technology including syllabus system and Blackboard's basic course functions and tools.

(b) Enter their course section specific syllabus information in Clark state's electronic syllabus system.

(c) Personalize their Blackboard course shell section(s) with individual faculty contact information, a communication policy and a brief welcome in the "About This Section" area.

(d) Participate in professional development training covering enhancements to the Blackboard learning system, refresher tool-specific sessions and other technology training.

(e) Follow the best practices guidelines as established.

(2) Further, online faculty, as well as those creating and teaching hybrid courses, shall be required to:

(a) Successfully complete the required Blackboard course training rubric and become certified.

(b) Personalize their course section(s) beyond the basic requirements. This includes setting up the calendar, assignments, grade book, tests, managing the roster, maintaining and updating course content and providing additional instructional material and links.

(c) Participate in pedagogical training in online instructional theory and practice.

(E) Course definitions

(1) Online courses - All instructional and lab activities are completed in an online environment. They require no visits to campus; however, students may be required to use a proctored testing facility.

(2) Hybrid courses - courses that combine the elements of the traditional face-to-face classroom and online instruction. These courses require attendance at scheduled sessions on campus or at clinical locations for lectures, labs or clinical experiences. The amount of time spent in the face-to-face setting shall be no more than fifty percent of the didactic coursework. Combined time is equivalent to the traditional course for the same number of credits.

(3) Traditional courses - Traditional face-to-face courses may also include online components such as instructional material, calendar, assignments, grade postings and faculty/student communication. Regularly scheduled attendance in the classroom is required. All courses with a Blackboard shell are required to include a link to the section-specific course syllabus, individual faculty contact information, a communication policy and a brief welcome in the "About This Section."

(F) Best practices guidelines for all courses

(1) A calendar is provided that lists all important course-related dates including exams, assignments, project deadlines, face-to-face and virtual office hours and meeting times.

(2) A clear communication policy is provided to the students that explains when and how communication shall be handled.

(3) A link to the current approved section-specific syllabus is provided to the student that lists course description, goals, learning objectives, textbooks and other resources, course assignments, grading scale and courses policies. This process has been automated.

(4) Clear and concise instructions are provided for all assignments, projects and lessons.

(5) All resources and tools necessary to complete the work are available to the student.

(6) Due dates and other important information are provided to the student.

(7) Course content and lesson are well organized and in a logical sequence.

(8) Course content and activities associate with the student learning objectives.

(9) The course content or lessons go beyond what is found in the textbook or E-PAC.

(10) Materials and activities are fully developed and presented clearly.

(11) Teaching strategies reflect current learning theory and address various student learning styles and preferences.

(12) Course materials are kept up to date.

(13) Course materials are print friendly and in formats easily available to all students.

(14) Library, database and other instructional resources are provided to promote deeper learning research.

(15) Group or teamwork is used when appropriate.

(G) Specific requirements for Blackboard course shell based on course type

  

Online

Hybrid

Traditional with Angel shell

Section specific course syllabus

X

X

X

Faculty contact information

X

X

X

Clear communication policy

X

X

X

Brief welcome in "About this Section" nugget

X

X

X

Institutional resources nugget

X

X

X

Course announcements nugget

X

X

X

Course e-mail nugget

X

X

X

Course grades nugget

X

X

Required if included

Course specific policies

X

X

Required if included

Assignment or project due dates, activities and exams are posted on the calendar

X

X

Required if included

Instructions for assignments, activities, projects, postings, etc., are clearly identified and explained

X

X

Required if included

Course content (instructional material) is included under the lessons tab

X

Required if included

Required if included

Titles and subtitles that clearly describe the subject content

X

Required if included

Required if included

Links to the library, databases or other web-based resources are included

X

     

Requires no campus visits

X

     

ADA compliant - text based equivalents for non-text based elements

X

Required if not provided elsewhere

Required if not provided elsewhere

Course material in a format that can be downloaded to a portable device

Recommended

Recommended

Recommended

A guided tour video provided

Recommended

Recommended

Recommended

A welcome video

Recommended

Recommended

Recommended

Effective: 10/23/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 1/1/08, 10/19/2009, 3/18/15

3358:5-3-23 Faculty promotion policy.

(A) Clark state community college supports a promotion system for faculty that is designed to reward individual performance that contributes to the college's mission.

(B) The ranks that have been established as part of the system are those that are reflective of higher education institutions across the nation. These include instructor, assistant professor, associate professor, and professor.

(C) A progression in leadership responsibilities is critical to the advancement of faculty from one rank to the next.

(D) Eligibility requirements, established by the college, include educational attainment and work experience as appropriate to the rank to which the person is applying.

(E) Faculty seeking promotion submit evidence of their achievements according to set criteria, including effective teaching/learning, professional growth, and service to the college and community.

(F) Peer review by colleagues is an essential component of the system.

(G) Promotion must be earned and is not automatic.

(H) The college president is the final authority for all decisions related to promotion.

(I) The provost/VPAA shall ensure that a promotion calendar is established for timely process completion.

(J) General guidelines for candidates for promotion shall be as follows:

(1) The promotion committee shall review the materials submitted for consideration. The promotion committee shall verify whether or not the faculty member has met the minimum requirements for promotion. If the minimum requirements are not met, the committee shall take no further action and shall not review the submitted materials.

(2) Meeting minimum requirements does not mean that a recommendation for promotion is automatic. Submitted materials shall be organized in a manner that facilitates review: simply listing accomplishments may not be adequate. Explanations of the exact nature of the contributions may be necessary. Promotion materials shall be reviewed and evaluated by the committee against the promotion requirements for the rank sought in order to determine whether or not the candidate will be recommended for promotion.

(3) A pattern of contributions over the years is more meaningful than a flurry of activity just prior to promotion eligibility.

Effective: 12/5/2016
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/18/15

3358:5-3-24 Pre-employment screening policy.

(A) Clark state community college is committed to recruiting, hiring, and retaining the best qualified candidates and providing a safe, secure environment for all students, employees, and visitors to our campuses. Thorough and consistent implementation of effective hiring practices helps to achieve each of these goals. This includes the appropriate use of comprehensive pre-employment screening/background checks as a final stage of the hiring process.

Pre-employment screening/background checks will be used by the College to evaluate individuals for employment and will not be used to discriminate on the basis of race, color, sex, gender, ethnicity, religion, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by federal law. Only candidates at the final stage (job offer) of the interview process will be required to submit to the pre-employment screening/background check procedures.

(B) This policy applies to employees in the following categories:

(1) New hires:

(a) Exempt staff

(b) Non-exempt staff

(c) Faculty

(d) All positions, including volunteers, working with minor youth: i.e. project jericho, college for kids, etc.

(2) Current employees:

Employees who transfer to a new position must satisfactorily complete or have completed the appropriate pre-employment screening/background check before transferring to or adding that position.

(C) Pre-employment screening/background checks will be conducted in accordance with applicable laws and associated procedures.

(D) Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant or employee. Rather, determinations of suitability based on criminal record checks will be made consistent with this policy and any applicable law or regulations.

(E) All offers of employment are contingent upon satisfactory results of the pre-employment screening/background check.

(F) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(G) The office of the chief human resources officer shall be assigned the responsibility of developing. implementing. and maintaining the pre-employment screening/background check policy and procedures.

Effective: 1/1/2017
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358