Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3357:15-14 | Employment and Recruitment

 
 
 
Rule
Rule 3357:15-14-01 | EMPLOYEE CLASSIFICATION SYSTEM.
 

The five occupational categories of Stark state college employees conform to the wage and hour provisions of the Fair Labor Standards Act and the applicable provisions of the Ohio Revised Code. 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 and professional. This category consists of two major divisions.

(1) Administrative: those positions where the primary responsibilities include planning, organizing, controlling and supervising an instructional or operational area within the college.

(2) Professional: those positions where the primary responsibilities require the performance of varied intellectual work and a functional knowledge of advanced theoretical principles and practices in a specific professional area other than instruction.

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

(C) Technical/paraprofessional. This category includes those positions other than instruction, serving a support role where primary responsibilities include the solving of practical problems encountered in broad fields of specialization and require the use of theoretical or scientific knowledge and manual skills acquired through on-the-job or formal training.

(D) Office and clerical. This category covers positions where the primary responsibilities require the preparing, transcribing, transferring, systematizing, or preserving of written communications and records, and the operating of various office machines.

(E) Service and maintenance. This category covers service and maintenance positions which 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 or apprenticeship training.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Prior Effective Dates: 10/15/2009
Rule 3357:15-14-02 | Recruitment and selection.
 

Stark state college is committed to employing the best qualified candidates for approved college positions while engaging in recruitment and selection practices that are in compliance with all applicable federal and state regulations regarding matters of employment.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-03 | contracts and records.
 

The college uses an employment contract for each salaried employee in the administrative and professional, instructional, and technical/paraprofessional categories. Additionally, the college recognizes the expectations of employees that information about them stored in personnel and payroll files is accurate and relevant. Federal and state laws require that certain information be gathered and maintained in personnel and payroll files. Many of these records are available to the public upon request (section 149.43 of the Revised Code).

Supplemental Information

Authorized By: 3357
Amplifies: 3357
Rule 3357:15-14-04 | Employee responsibilities and duties.
 

In order to maintain a productive, service-oriented environment within the college community, all employees are expected to meet established standards of performance and conduct. It is expected that all employees will accept appropriate responsibility assigned to them and cooperate through the timely completion of assigned work or duties as outlined within the applicable job description. Supervisors have the right to direct, oversee, and evaluate employees in support of effective and efficient department/office/division operations. Actions that constitute breaches or flagrant violations of the standards defined the Stark state college policies and procedures manual may result in disciplinary action and/or termination of employment.

Last updated June 5, 2023 at 8:44 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-05 | Faculty rank and promotion.
 

The college uses the faculty ranks of instructor, assistant professor, associate professor and full professor. The rank is awarded by the president and confirmed by the board of trustees, upon the recommendation of the advancement- in- rank committee, taking into account the degrees attained, professional license, experience, number of years employed by the college and responsibility of administrative duties.

(A) Promotion referral document: The procedures outlined in the advancement-in-rank process for the candidate and operating guidelines documents will be followed to consider promotion.

(B) Rank and level: The president has the discretion of placing an individual with exceptional ability at any rank and level on the schedule. All previous teaching experience and related industrial or business experience are taken into consideration.

(C) Exceptional promotions: The president, in rare and unusual circumstances, may recommend to the board of trustees, for its immediate consideration, a promotion in rank for a faculty member. This promotion in rank will be in recognition of the honor bestowed upon the faculty member or the college as a result of outstanding service. This rank can be granted without reference to the required or length of service.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-06 | Evaluation of personnel.
 

The college will evaluate all staff and full-time faculty on an annual basis.

Last updated June 5, 2023 at 8:48 AM

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-07 | Grievance procedure.
 

The college has established this grievance procedure to ensure fairness and consistency in employee relations and to attempt to resolve misunderstandings as quickly as possible. This grievance procedure applies to all college employees.

Last updated June 5, 2023 at 8:44 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 6/25/2017
Rule 3357:15-14-08 | COMPENSATION AND RELATED BENEFITS.
 

(A) Compensation, as used in this manual, is an inclusive term that shall refer to salary plus all fringe benefits. Salary shall be defined as direct monetary payment for services rendered.

(B) Stark state college strives to provide a competitive compensation and benefits program designed to attract and retain talent in accordance with applicable laws. This policy is administered in accordance with the principles of equal employment opportunity.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Prior Effective Dates: 10/15/2009
Rule 3357:15-14-09 | instructional fees as an employee benefit.
 

Instructional and general fees for credit, audit, or non-credit courses offered at Stark state college shall be waived for eligible employees and eligible dependents.

Supplemental Information

Authorized By: 3357
Amplifies: 3357
Rule 3357:15-14-10 | Travel and business entertainment expense.
 

It is customary and reasonable to pay the necessary travel expenses of employees incurred in the performance of their college jobs. The president, with the assistance of the vice president of business, finance, and information technology, will establish travel procedures to define allowable and unallowable expenses, rates and methods, authorization, documentation, and reimbursement. The board will approve any changes in reimbursement rates included in the travel procedures.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-11 | Affirmative action.
 

It is customary and reasonable to pay the necessary travel expenses of employees incurred in the performance of their college jobs. The president, with the assistance of the vice president of business, finance, and information technology, will establish travel procedures to define allowable and unallowable expenses, rates and methods, authorization, documentation, and reimbursement. The board will approve any changes in reimbursement rates included in the travel procedures.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 10/15/2009, 2/22/2015
Rule 3357:15-14-12 | Drug and alcohol abuse and Drug-Free Workplace Act compliance.
 

:

The college considers the use of any illegal drug or controlled substance and the abuse of alcohol and legal (prescription or over-the-counter) drugs, collectively referred to herein as "substance abuse," to be a very serious matters that cannot be tolerated in the workplace. Substance abuse poses health and safety hazards to employees and to the community at large. Because the college is a responsible source and participant with the federal government in many programs and activities, substance abuse by college employees jeopardizes federal government funding in light of the federal government's increasing efforts to combat substance abuse. Therefore, it shall be the policy of the college to prohibit substance abuse and to maintain a drug-free workplace.

All employees are notified that the manufacture, distribution, dispensing, possession, use, or being under the influence of any drug, synthetic substance, or controlled substance, or alcohol, is prohibited on all college property and in any other location where employees are conducting college business. The use of legal drugs, taken in accordance with a doctor's orders, is not subject to this policy, except as provided below, and is permitted on the job so long as it does not impair the employee's ability to perform any essential function of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Likewise, the moderate, i.e., so as not to become intoxicated, and legal consumption of alcohol at officially sanctioned on-campus social functions in which college employees might participate is not subject to this policy. The use and possession of marijuana is prohibited under college policy and a crime under federal law. This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. Employees with written recommendations for medical marijuana are not permitted to use marijuana on campus, in the conduct of college business, or as related to any college activity. The college will refer to the corrective action and discipline procedure (policy 3357.09:15-14-18) of the Administrative Code for appropriate disciplinary interventions.

All Stark state college employees are expected to abide by the terms of the drug and alcohol abuse and drug-free workplace act compliance policy. The college will refer to the corrective action and discipline procedure (policy 3357.09:15-14-18) of the Administrative Code for appropriate disciplinary interventions. An employee found in violation of this policy shall be subject to a variety of sanctions and penalties. Such penalties and sanctions may include but are not limited to referral for counseling, written or oral reprimands, suspensions with or without pay, or termination in accordance with the established rights of the employee, including the right to due process.

Definitions--For purposes of this policy statement, the following definitions shall apply:

(A) Manufacture: to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug by propagation, extraction, chemical synthesis, compounding, or any combination of the same including packaging, repackaging, labeling, and other activities incident to production.

(B) Distribute: to deal in, ship, transport, or deliver.

(C) Dispense: to sell, leave with, give away, dispose of, or deliver.

(D) Possess or possession: having as property or exerting control over a thing or substance. Possession will not be presumed solely from mere access to the thing or substance or presence upon the premises where the thing or substance is found.

(E) Use: use of a drug or other controlled substance or consumption of alcohol.

(F) Being under the influence: to yield a positive result, as defined by the state of Ohio or other generally accepted standard, on any test given to determine the presence of drugs or alcohol.

(G) Drug abuse offense: corrupting another with drugs, trafficking in drugs, drug abuse, possessing drug abuse instruments, permitting drug abuse, theft of drugs, deception to obtain a dangerous drug, illegal processing of drug documents, abusing harmful intoxicants, trafficking harmful intoxicants, or illegal dispensing of drug samples; a violation of an existing law of this or any other state or of the United States that is substantially equivalent to any of the above offenses; an offense under an existing law of this or any other state or of the United States of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element; or a conspiracy or an attempt to commit, or complicity in committing or attempting to commit any of the offenses listed in this paragraph.

(H) Controlled substance: a drug, compound, mixture, preparation, or other substance as defined in Chapters 2925. and 3719. of the Revised Code, or as defined by applicable statutes of other states and the federal government.

(I) Criminal drug statute: any federal or state criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

(J) Conviction: any finding of guilt after a trial, a plea of guilty or a plea of nolo contendere.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 10/15/2009
Rule 3357:15-14-13 | Anti-harassment.
 

(A) Stark state college has a zero tolerance for:

(1) Sexual harassment.

(2) Harassment committed by an employee, student, customer, vendor, or other outside party as listed in this rule based on race, color, religion, sex, gender, national origin (ancestry), military status (past, present, or future), status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, status as a nursing mother, status as a foster parent, disability, age forty years or older, genetic information, sexual orientation, gender identity, or gender expression.

(3) Retaliation against anyone for making a good-faith complaint of such harassment or for cooperating in college investigations of such complaints.

(B) This policy protects the following parties ("protected parties"):

(1) All Stark state college employees (full-time and part-time) and students.

(2) All independent contractors, temporary employees, and agency employed workers.

(3) All visitors to the Stark state college workplace, such as vendors and college associates.

(C) .Prohibition against retaliation for harassment: Stark state college prohibits retaliatory actions against all protected parties that are motivated by the fact that the protected party has made a good-faith complaint of harassment, or by the fact that the protected party has assisted or cooperated in an investigation of a complaint by someone else.

(D) This policy protects any protected party who makes a complaint of harassment believing that the complaint is justified, even if the college should ultimately find that complaint unfounded.

(E) The college has deemed that all employees have a mandated responsibility to report incidents related to sexual harassment or interpersonal violence, except for student workers and professionals acting in their capacity as a licensed counselor or ordained members of the clergy.

Definitions:

Definition of sexual harassment: Sexual harassment can occur between any individuals associated with the college, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member or student, and a customer, vendor, or contractor; students; or a student and a faculty member. The colleges definition of sexual assault is outlined in rule 3357:15-14-15 of the Administrative Code (sexual assault policy). Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a gender-based or sexual nature when it meets any of the following:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or academic status.

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual. Such conduct that is sufficiently severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an individuals work or academic performance or creating an intimidating, hostile or offensive environment for working or learning.

Definition of harassment: Harassment, as defined by this policy, is conduct, whether in the workplace or off-site, which has the effect of interfering with someones work performance, or which creates an intimidating, hostile or offensive working environment

Last updated March 20, 2023 at 11:45 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-14 | Investigator conflict of interest.
 

The college has a responsibility to manage, reduce, or eliminate any actual or potential conflicts of interest that may be presented by a financial interest of a director (or investigator) of a grant-funded project. In order to comply with college policy, the grants and development office and advancement, planning and college/community relations division are to refer to the college's investigator conflict of interest document and utilize the investigator significant financial interest and other conflicts of interest disclosure form.

Supplemental Information

Authorized By: 3357
Amplifies: 3357
Rule 3357:15-14-15 | Sexual misconduct.
 

Stark state college desires to establish and maintain a safe and secure environment for our employees and students, free of sexual misconduct and sex discrimination based on gender, gender identity, or sexual orientation. The college will not tolerate sexual misconduct of any kind. Sexual misconduct is socially irresponsible and violates the rights of other individuals. Sexual misconduct has the potential of threatening an individuals academic performance, economic livelihood, career advancement, psychological, and total well-being and is prohibited by this policy. This policy is also applicable to all third parties affiliated with the college. Third parties are neither employees nor students and can include, but are not limited to, consultants, vendors, contractors, etc. Sexual misconduct is a serious offense which could lead to dismissal and/or termination from the college and criminal charges being filed with the local law enforcement authority having jurisdiction.

(A) Definitions

(1) Sexual misconduct any unwelcome behavior of a sexual nature that is committed without consent. Sexual misconduct can occur between persons of the same or different sex.

(2) Non-consensual sexual contact any intentional sexual touching and any other intentional bodily contact in a sexual manner, however slight, with any object, by a man or a woman upon another person that is without consent.

(3) Incapacitation a state in which a person cannot make rational decisions because they lack the capacity to give consent. Incapacitation may result from a mental or physical disability, unconsciousness, or from the taking of alcohol or other drugs. Sexual misconduct occurs when a person engages in sexual activity when they knew, or should have known, that the other person was incapacitated.

(4) Consent a freely and affirmatively communicated willingness to participate in sexual activity, expressed by clear, unambiguous words or actions. It is the responsibility of the initiator of the sexual activity to ensure that he or she has the other persons consent to engage in sexual activity, throughout the entire sexual activity, by all parties involved. At any time, a participant can communicate that he or she no longer consents to continuing the activity. Consent may never be obtained through the use of force, coercion, or intimidation or if the victim is mentally or physically incapacitated, including through the use of drugs or alcohol. Consent cannot be assumed based on the existence of a previous dating or sexual relationship. The initiators use of alcohol or drugs does not diminish his/her responsibility to obtain consent.

(5) Force the use of physical violence, threat of physical violence, and/or imposing on someone physically to gain sexual access.

(6) Rape penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

(7) Coercion unreasonable, intimidating, or forcible pressure for sexual activity.

(8) Sexual assault includes non-consensual vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.

(9) Sexual exploitation occurs when someone takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to the benefit or advantage of anyone other than the person being exploited.

(10) Stalking engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a persons property.

(11) Domestic violence a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that persons acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(12) Intimate partner violence/dating violence violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved in the relationship.

(13) Sexual harassment conduct on the basis of sex that satisfies one or more of the following:

(a) An employee of the college conditioning the provision of aid, benefit, or service of the college on an individuals participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipients education program or activity; or

(c) "Sexual assault," "dating violence," "domestic violence," or "stalking" as those terms are defined under other federal laws called the Clery Act and the Violence Against Women Act.

Forms of sexual harassment include:

(i) Quid pro quo (a.k.a "this for that") the abuse of power and/or authority. Such behavior is especially harmful in situations where the imposition of unwanted sexual attention is accompanied by an explicit or implied promise of employment, academic success, preferential treatment, the threat of reprisal, or a negative consequence for refusal to engage in behavior of a sexual nature. Sexual harassment may occur without employment, academic, or economic injury to the victim.

(ii) Hostile work environment includes any unwelcome, and severe or pervasive action of a sexual nature which unreasonably interferes with job performance or learning ability and creates an intimidating, or offensive work, academic or athletic environment, even if it leads to no tangible or economic consequences. A single instance of harassment may be sufficient to create a hostile work environment.

(B) Reporting responsibilities for sexual misconduct

(1) Anyone who believes that an administrator, supervisor, employee, faculty member, student, or non-employees behavior constitutes discrimination or harassment has a responsibility to report the behavior/action as soon as it is known, but no later than 180 days of the occurrence, so that the college may administer this policy

(2) In cases of alleged sexual misconduct where the victim or alleged perpetrator is a student, a potential student, an employee, or a campus visitor the complaint may be made to any of the following:

(a) Title IX coordinator

(b) Campus security

(c) Any college employee

(d) Student support counselor confidential source

(e) Interfaith campus ministry confidential source

(f) A law enforcement officer from the local jurisdiction

(3) Any person designated to receive complaints under this policy who has direct or constructive knowledge of alleged discriminatory or harassing behavior is a mandatory reporter and must take immediate appropriate action to report the behavior to the Title IX coordinator. Failure to do so shall result in disciplinary action, up to and including termination of employment.

(C) Reporting to an outside agency

Persons who believe that they have been subject to sexual misconduct may also file a complaint with the local law enforcement agency, the Ohio civil rights commission, the U.S. equal employment opportunity commission, or the U.S. department of educations office for civil rights. Information and assistance regarding filing charges with any of the agencies may be obtained from the agency directly or from the colleges Title IX coordinator.

(D) To the extent possible, all information received in connection with the reporting, investigation, and resolution of allegations of sexual misconduct will be treated as confidential, except to the extent it is necessary to disclose information in order to investigate the allegation, take steps to stop, prevent or address the misconduct, resolve the complaint, or when compelled to do so by law. All individuals involved in the process should observe the same standard of discretion and respect for the reputation of everyone involved in the process.

(E) Retaliation

College policy and federal, state, and local law strictly prohibit retaliation in any form against any employee, faculty member, student, vendor, customer, or other person participating in a college program or activity who complains or reports an allegation, or who participates in an investigation of sexual misconduct.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-16 | Bloodborne pathogens.
 

Stark state college promotes the rights of persons with communicable diseases to education and employment, while providing a safe and healthy environment for the college's students and employees. The college will make all reasonable accommodations to persons infected with hepatitis B virus (HBV), hepatitis C virus (HCV), , and human immunodeficiency virus (HIV) and to employ, continue to employ, and/or enroll persons so infected. As appropriate, faculty and staff will be provided training and/or information regarding bloodborne pathogens, universal precautions, and work practice controls.

The college affords a broad range of academic opportunities in diverse healthcare fields. Instruction in some healthcare fields may require communicable disease precautions against exposure to blood or body fluids, as individuals participating in some program training activities may have a risk of exposure to blood or other potentially infectious materials.

Action will be guided by the most recent medical evidence, the federal regulations of the Rehabilitation Act, state law, guidelines from the centers for disease control and prevention (CDC), the public health services, the american college health association, and the state of Ohio department of health.

The college will not routinely screen all members of the college community for communicable diseases unless and until required to do so by law because communicable diseases may have different modes of transmission and should be evaluated on an individual basis.

The Federal Rehabilitation Act of 1973 prohibits discrimination against qualified individuals by employers and those who provide services with the assistance of federal funding. Under federal law, the college, as an employer and a provider of educational services, must make reasonable accommodations for handicapped individuals, including those with communicable diseases.

The college maintains standards of confidentiality regarding medical information about students or employees that are protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). The act requires that no specific or detailed information concerning symptoms or diagnoses be provided to staff, administrators, or family members without the express written permission of the student/employee. Only individuals at the college with a legitimate need to know will have knowledge of the existence of students and/or employees with communicable diseases.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-17 | CONCEALED WEAPONS.
 

Except as provided in this rule, the use, possession or carrying of a firearm or other weapon on property owned or leased by the college, by any person other than a college security officer or qualified law enforcement officer as defined in division (A)(11) of section 2901.01 of the Revised Code, is prohibited and in violation of state law.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Prior Effective Dates: 10/15/2009
Rule 3357:15-14-18 | Corrective action and discipline.
 

(A) The policy provides a mechanism for maintenance of stable working conditions according to the policies and procedures of the college. Disciplinary interventions should focus on modifying and correcting employee behavior and deterring the employee from repeating past problem behavior.

(B) Corrective action and discipline should impose the least severe action necessary to correct the undesirable behavior. Stark state college reserves the right to combine or skip steps in the corrective action and disciplinary procedure depending upon the facts of each situation and the nature of the offense. The level of disciplinary intervention may vary based on the totality of circumstances. Discipline must consider past practice and equitable treatment, and it must meet the test of just cause.

(C) Disciplinary intervention can be taken to correct problems including, but not limited to, unsatisfactory work performance, insubordination, behavior and conduct infractions, absenteeism and tardiness, negligence, violation of the college's rules and policies and procedures, and illegal activity.

(D) To promote safety and security, mitigate potential risks, and maintain the integrity of the college, we require employees to self-disclose any arrests and convictions (outside of minor misdemeanor traffic citations) during their employment to the vice president of human resources or their applicable executive council member. This must be done no later than five calendar days after the arrest or conviction, so the college can conduct an independent review of their continued suitability for employment.

Disclosing an arrest or conviction does not automatically impact an employees eligibility for employment with the college. Continued employment depends on a variety of factors such as violations of college policy; the employees past disciplinary record; and the nature and gravity of, and circumstances surrounding, the arrest or conviction, including the employees truthfulness and completeness in disclosing the information in a timely manner.

Last updated June 5, 2023 at 8:44 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 5/29/2020
Rule 3357:15-14-19 | PAY DURING EMERGENCY SCHOOL CLOSURES.
 

This policy applies when the college is closed or any of its locations are closed for a protracted period of time (e.g. twenty-four hours) due to an event beyond its control. If only one area or location of the college is affected then this policy applies only to employees scheduled to work in that area or location.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-20 | Property use.
 

All forms of property (including equipment, facilities, supplies, and services) purchased with Stark state college funds are intended for college business only. The use of college property must be consistent with the mission and goals of the institution. Property used by departments or divisions belongs to the college as a whole and not to any department or division to which it has been assigned. Under no circumstances is an employee of the college authorized to engage in any activity that is illegal under local, state, federal, or international law while utilizing the colleges owned resources.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-21 | Initial employment.
 

(A) The initial employment period for Stark state college contract employees (excluding adjunct faculty) begins with the first day of employment and concludes no later than March fifteenth of the fiscal year for which the current signed employee contract is in effect.

Guidelines

(1) Human resources will provide the supervisor with the job description/job posting as well as the initial employment policy for all new hires at the time of hire.

(2) The supervisor will provide expectations for performance at the time of hire. This will include providing the evaluation form at the time of hire.

(3) An employee may be notified of non-renewal of a contract at any time during the initial employment period if the supervisor concludes that the employee is not progressing or performing acceptably.

(4) Under appropriate circumstances, the initial employment period may be extended at the discretion of the supervisor and in conjunction with human resources.

(5) During the initial employment period and at the end of the initial employment period, the supervisor and the employee will discuss the employee's performance.

(6) Provided the job performance is "acceptable," the employee will continue employment under the conditions of the current contract.

(B) The initial employment period for Stark state college non-contract employees begins with the first day of employment and concludes on the ninetieth (ninetieth) calendar day of employment.

Guidelines

(1) Human resources will provide the supervisor with the job description/job posting as well as the initial employment policy for all new hires at the time of hire.

(2) The supervisor will provide expectations for performance at the time of hire. This will include providing the evaluation form at the time of hire.

(3) An employee may be discharged at any time during the initial employment period if the supervisor concludes that the employee is not progressing or performing acceptably.

(4) Under appropriate circumstances, the initial employment period may be extended at the discretion of the supervisor and in conjunction with human resources.

(5) During the initial employment period and at the end of the initial employment period, the supervisor will provide a work review for the employee.

(6) Provided the job performance is "acceptable" the employee will continue employment under the conditions of the current work agreement.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-22 | PERSONAL PROPERTY.
 

Faculty, staff, students, and visitors are responsible for any personal items brought to the college or off-campus sites. The college will not be responsible for replacing or paying for damaged or stolen items.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-23 | Equal employment opportunity.
 

(A) It is the policy of Stark state college to ensure equal employment opportunity in accordance with Revised Code and all applicable federal regulations and guidelines. Employment discrimination against employees and applicants on the basis of race, color, religion, sex, gender, national origin (ancestry), military status (past, present, or future), status as a parent during pregnancy and immediately after the birth of a chid, status as a parent of a young child, status as a nursing mother, status as a foster parent, disability, age (forty years or older), genetic information, sexual orientation, gender identity, or gender expression is illegal.

(B) Persons who believe that Stark state college has discriminated against them may file a discrimination complaint with Melissa Glanz, vice president of human resources. The human resources representative has full authority to manage equal employment opportunity (EEO) issues involving discrimination.

(C) Point of contact to file allegations of discrimination:

"Melissa Glanz, Vice President of Human Resources Location: 6200 Frank Ave. N.W. North Canton, Ohio 44720 Phone Number: 330.494.6170 ext. 4276 E-mail Address: mglanz@starkstate.edu"

Last updated March 20, 2023 at 11:45 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-24 | Family and medical leave.
 

Stark state college will grant up to twelve weeks of leave (or up to twenty-six weeks of military caregiver leave to care for a covered service member with a serious health condition) during a twelve-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.

(A) Eligibility: To qualify to take family medical leave (FML) under this policy, the employee must meet all of the following conditions:

(1) The employee must have worked for the college for twelve months or fifty-two weeks. The twelve months or fifty-two weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to national guard or reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer's intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on authorized leave during the week.

(2) The employee must have worked at least one thousand two hundred and fifty hours during the twenve-month period immediately before the date when the leave is requested to commence. Hours spent on paid or unpaid leave are not counted as hours worked in determining the one thousand two hundred fifty hour eligibility test for an employee under FML.

(B) Eligible employees are entitled to twelve weeks of unpaid FML each year for the following qualifying events. (Note: Military caregiver leave is twenty-six weeks of leave.)

(1) The birth of a child and to bond with the newborn child within one year of birth;

(2) The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement;

(3) To care for an immediate family member, i.e. spouse, child, parent who has a serious health condition;

(4) A serious health condition that makes the employee unable to perform the essential functions of his or her job;

(5) Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on covered active duty or called to covered duty status as a member of national guard, reserves, or regular armed forces;

(6) Twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

(C) Amount of leave

(1) An eligible employee can take up to twelve weeks for the FML circumstances listed in paragraphs (B)(1) to (B)(6) of this policy. Under this policy, Stark state college uses a rolling back twelve-month period beginning with the first instance of FML.

(2) Each time an employee takes leave, the college will compute the amount of leave the employee has taken under this policy in the last twelve months and subtract it from the twelve weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

(3) If two Stark state college employees request to take leave for the birth of the same child, adoption, or placement of the same child in foster care, or to care for the same parent with a serious health condition, the employees may only take a combined total of twelve weeks of leave. If the employees each request to take leave to care for the same covered injured or ill service member, the employees may only take a combined total of twenty-six weeks of leave.

(D) Employee status and benefits during leave

(1) While an employee is on unpaid leave, the college will continue all enrolled benefits during the unpaid leave period at the same level and under the same conditions as if the employee had continued to work. If the employee does not return to work, the college will require the employee to reimburse the college for the amount it paid for the employee's portion of the continuation of all enrolled benefits during the unpaid leave period.

(2) If the employee returns to work, the college will deduct the amount paid for the employee's portion of the continuation of all enrolled benefits during the unpaid leave period, from the employee's pay.

(E) Employee status after leave

(1) An employee who takes leave under this policy may be required to provide a fitness for duty (FFD) clearance from the health care provider.

(2) Generally, an employee who takes FML leave will be able to return to the same position or a position with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which is virtually identical in terms of pay, benefits, and working conditions. The college may choose to exempt certain key employees from this requirement and not return them to the same or similar position.

(F) Disability leave/workers compensation

Instances in which an employee concurrently uses vacation, personal, or sick leave during periods when the employee is receiving partial pay under disability leave or workers compensation will be handled pursuant to federal regulations.

(G) Intermittent leave or a reduced work schedule

(1) The employee may take FML leave in twelve consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve workweeks (or twenty-six workweeks when authorized under the military caregiver leave provisions). The college may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances where leave for the employee or employee's immediate family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care.

(2) For the birth, bonding, adoption, or foster care of a child, the college and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, bonding, adoption, or foster care of a child must be taken within one year of the birth or placement of the child.

(3) If the employee is taking leave for a serious health condition or due to the serious health condition of an immediate family member, the employee should try to reach agreement with the college before taking intermittent leave or working a reduced hour schedule. If this is not possible, the employee may be asked to provide documentation confirming the leave is medically necessary.

(H) Certification of a qualifying event

(1) A request for FMLA must be substantiated with satisfactory certification provided within fifteen calendar days of the request for leave. If the leave is due to a serious health condition of the employee, employees immediate family member, or covered service member, certification must be submitted by an appropriate health care provider. Certification must be provided on the proper form available in the human resources department. If the leave is due to adoption, foster care placement, active duty leave, or covered active duty leave, documentation must be submitted from the appropriate agency.

(2) The college reserves the right to request a second opinion if the validity of the certification is questioned. This is done at the college's selection and expense.

(3) If necessary, to resolve a conflict between the original certification and the second opinion, the college and the employee will mutually select a third health care provider at the college's expense. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FML pending the second and/or third opinion. The college may deny FML to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion.

(4) The college will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a delay or denial of leave.

(5) The college will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a delay or denial of leave.

(6) The college may request recertification for the serious health condition of the employee or the employees immediate family member, no more frequently than every thirty days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of their leave. Otherwise, the college may request recertification for the serious health condition of the employee or the employees immediate family member every six months in connection with an fmla absence. In no instance will leave of any type extend beyond one calendar year. In compliance with HIPPA medical privacy rules, the college will obtain the employee or the employees immediate family members permission to obtain clarification on any individually identifiable health information in the case of recertification.

(7) Failure to comply with the colleges request for documentation may result in discipline. The college will refer to the corrective action and discipline policy in these situations.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 3/23/2015
Rule 3357:15-14-25 | Whistleblower.
 

(A) A whistleblower, as defined by this policy, is an employee of Stark state college who reports an activity that he or she considers illegal, fraudulent, or unethical to one or more of the parties specified in this policy. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.

(B) Examples of illegal or fraudulent activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. Although the college encourages employees to report concerns to their immediate supervisor, there are times when an employee may feel it is necessary to report a concern outside of the traditional reporting mechanism. The college has adopted a whistleblower policy for these instances.

(C) Whistleblower protections are provided in two important areas -- confidentiality and protection against retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. The college will not retaliate against a whistleblower or any participants in the investigation. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action--such as termination, compensation decreases, or poor work assignments, and threats of physical harm. Any whistleblower or participant in an investigation who believes he or she is being retaliated against must contact the director of human resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.

(D) All reports of illegal, fraudulent, and unethical activities will be promptly submitted to the human resources department, which is responsible for investigating and coordinating corrective action, if needed. Any employee who knowingly makes a false allegation of misconduct or retaliation will be subject to disciplinary action up to and including termination of employment. This policy is not in conjunction with, and will not replace or supersede federal and/or state whistleblower policies.

Supplemental Information

Authorized By: 3357
Amplifies: 3357
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-26 | Conflict of interest/Commitment for outside activities.
 

(A) Full-time employees of Stark state college (college) are obligated to devote their working time and efforts primarily to college activities. Given that the college allows and encourages outside activities and relationships that enhance the mission of the college, potential conflicts of interest and commitment, may occur. Outside activities should not, however, interfere with an individuals colleges obligations. Faculty and staff must not use their official college positions for influence or gain. Prior approval from the employee's supervisor and director/dean is required for any earned compensation outside of the college.

(B) Outside activities must not interfere with the employee's college duties or conflict with the employee's college assignments, and must take place outside of the employee's designated work time.

(C) Employees of the college may not use college property or his or her position as an employee of the college for personal gain or to enhance the business opportunities of another individual, company, or organization.

(D) Activities outside of the college shall not result in a conflict of interest or the appearance of such.

(E) Definitions:

(1) Conflict of interest - A conflict of interest exists if financial interests or other opportunities for personal benefit may exert a substantial and improper influence upon an employees professional judgment in exercising college duties or responsibilities.

(2) Earned compensation wages, salaries, tips, and other taxable pay.

(3) Outside activities entrepreneurial or professional services, paid or unpaid. Examples are:

(a) Engaging in outside consulting activity.

(b) Management and oversight of any private businesses.

(c) Announcement as a political candidate.

(F) Approved work activities that serve to enhance the college such as serving on accreditation teams and volunteer work in the community will not be subject to this provision. Prior approval must be obtained from the employees dean/director to participate outside activities during work time.

Last updated June 7, 2021 at 11:31 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Prior Effective Dates: 2/22/2015
Rule 3357:15-14-27 | CODE OF ETHICS AND PROFESSIONAL BEHAVIOR.
 

(A) Stark state college is committed to providing quality, high-value education. When administration, faculty, and staff act in accordance with ethical principles, institutional quality and excellence are enhanced, and ultimately students are better served. This policy serves as a personal acknowledgement and willingness to embrace the ethical principles and values shared throughout higher education. We are committed to upholding this set of shared ethical principles for the benefit of the Stark state college community. Actions that constitute breaches or flagrant violations of the principles defined in this policy may result in disciplinary action and/or termination of employment.

(B) The guiding principles set forth in this chapter were largely adopted from guidelines originally created by the council for the advancement of standards in higher education (CAS).

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-28 | RECORDINGS.
 

Stark state college prohibits employees from audio or video recording any oral or recorded communications on work time, using any device--including but not limited to audio tape recorders, videotape recorders, cellphones and tablets--unless the employee obtains prior approval from the appropriate executive council member and consent of all parties to the communication. It is the practice of the human resources department not to audio or video record investigations, hearings, and meetings pertaining to corrective action; however, the human resources director will not withhold consent to an employee's request to record such an investigation, hearing or meeting when required by federal, state, or local law. This policy is not applicable to recordings that are made through telephone or cell phone voicemail systems and/or Stark state college security systems.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-29 | Mentoring policy.
 

The college promotes the value and the role of mentoring to enhance skills and productivity and foster cooperative networking among employees. The college supports mentorship opportunities, including development offered by the college staff association and the faculty association, faculty advancement-in-rank mentoring, and departmental and divisional mentoring initiatives.

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-30 | New employee orientation.
 

All new employees are required to complete the appropriate orientation(s) upon hire to acquaint them with college policies, procedures, and practices.

Last updated June 6, 2022 at 9:38 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-31 | CONSENSUAL RELATIONSHIPS.
 

Stark state college prohibits consensual relationships of a dating, intimate, and/or sexual nature between individuals of unequal authority (e.g., between a supervisor and an employee and/or a faculty or staff member and a student) where the person of real or perceived authority directly supervises or has the ability to impact either the employment or education of the other. Actions which constitute breaches or flagrant violations of the standards defined in this policy may result in disciplinary action, termination of employment, or dismissal from the college.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-32 | Leave and time off.
 

It is the policy of the college to provide employees with the opportunity to have time away from work in order to ensure their physical and mental well-being, time off for illness, bereavement, and personal needs.

Last updated June 5, 2023 at 8:49 AM

Supplemental Information

Authorized By: 3357:15
Amplifies: 3357:15
Rule 3357:15-14-33 | Tuition assistance.
 

All full-time Stark state college faculty, administrative, professional, and support staff personnel may participate in the tuition assistance program. Tuition assistance is provided to employees for the purpose of professional development in recognition that a better educated employee will assist the college in fulfilling its mission to provide quality education and training opportunities to the citizens of our community.

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-34 | Reasonable Accommodations.
 

Stark state college is committed to the full inclusion of all individuals. The college will make reasonable accommodations as defined in this policy which will provide otherwise qualified applicants and employees with disabilities equal access to participate in opportunities, programs, and services offered by the college.

It is the intent of the college to provide reasonable accommodations to such employment applicants and employees with a qualified physical, mental, or learning disability, unless to do so would fundamentally alter the nature of the employment; would result in an undue hardship to the college; or would result in a direct threat to the health or safety of the individual or others.

Stark state college does not discriminate on the basis of disability in any of its employment practices.

Last updated June 7, 2021 at 11:32 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09
Rule 3357:15-14-35 | Minors on Campus.
 

Stark state college is committed to ensuring the safety and well-being of minors on our campuses. It is the policy of Stark state college that these measures and procedures are implemented for the protection of minors participating in programs that occur on its campuses and programs under the control or direction of the college personnel. The purpose of this policy is to describe the requirements placed upon administrators, faculty, staff, students, volunteers, and other authorized adults working with minors to ensure their protection and to fulfill the college's obligations as mandated by law and to provide for the best possible experience for any minor visiting our campuses for a college-related program.

Last updated June 7, 2021 at 10:42 AM

Supplemental Information

Authorized By: 3357.09
Amplifies: 3357.09