This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3357:15-14-01 | EMPLOYEE CLASSIFICATION SYSTEM.
Effective:
February 22, 2015
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
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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.
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Rule 3357:15-14-03 | contracts and records.
Effective:
March 27, 2015
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
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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
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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 market-based compensation and benefits derived from
third-party surveys designed to attract and retain talent. This policy is
administered in accordance with applicable laws and the principles of equal
employment opportunity.
Last updated June 3, 2024 at 8:36 AM
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Rule 3357:15-14-09 | instructional fees as an employee benefit.
Effective:
March 27, 2015
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.
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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.
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Rule 3357:15-14-13 | Anti-harassment.
Effective:
March 20, 2023
(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 college's 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
individual's 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 individual's 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 someone's work performance, or which
creates an intimidating, hostile or offensive working environment
Last updated March 20, 2023 at 11:45 AM
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Rule 3357:15-14-14 | Investigator conflict of interest.
Effective:
September 5, 2015
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 is committed and responsible
for establishing, maintaining and providing a safe, secure, and
non-discriminatory environment for our employees and students, free of sexual
misconduct and sex discrimination based on gender, gender identity, or sexual
orientation, gender transition status, or pregnancy. The college will not
tolerate any kind of sexual misconduct and will not compromise the
responsibility for addressing issues of sexual misconduct. The college will not
tolerate sex-based discrimination or sex-based violence based on sexual
orientation, gender identity, gender transition status, or pregnancy. Sexual
misconduct is socially irresponsible and violates the rights of other
individuals. Sexual misconduct has the potential of threatening an
individual's 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. Sexual misconduct is a type of violence that uses power, control, and/or
intimidation to harm another. It includes sexual harassment, sexual assault,
domestic violence, dating violence, and stalking. It occurs when there is an
absence of consent. Consent is a free and clearly given "yes," not
the absence of a "no," and cannot be received when a person is
incapacitated by alcohol or drugs. Sexual misconduct is a broad term that
includes sexual assault (rape, sexual fondling, incest, or statutory rape) as
well as sexual exploitation and sexual harassment. (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 person's 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
initiator's 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 person's 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
person's 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) Gender-based
violence - gender-based violence refers to any type of harm that is perpetrated
against a person or group of people because of their factual or perceived sex,
gender, sexual orientation, and/or gender identity. (a) Gender-based violence (GBV) is defined as any harmful
threat or act directed at an individual or group based on their actual or
perceived: (i) Biological
sex; (ii) Gender
identity; (iii) Gender
expression; (iv) Sexual orientation;
or (v) Difference from
social norms related to masculinity or femininity GBV can include and be identified by
physical, sexual, psychological, technological, economic, and emotional abuse.
It is rooted in structural gender inequalities, coercive control, and power
imbalances. (14) Sexual harassment is conduct
on the basis of sex that satisfies one or more of the following: unwelcomed
sexual advances; request for sexual favors; and/or other verbal, non-verbal, or
physical conduct of a sexual nature. Sexual harassment is sex-based harassment
that includes gender-based harassment. Sexual harassment is inclusive of sexual
violence and gender-based harassment, defined as follows: (a) Sexual violence 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 (e.g.,
due to the victim's age or use of drugs or alcohol, or because an
intellectual or other disability prevents the victim from having the capacity
to give consent). A number of different acts fall into the category of sexual
violence, including rape, sexual assault, sexual battery, sexual abuse, and
sexual coercion. (b) Gender-based harassment Gender-based harassment is unwelcome conduct
based on an individual's actual or perceived sex. It includes slurs,
taunts, stereotypes, or name-calling as well as gender-motivated physical
threats, attacks, or other hateful conduct. (c) An individual can experience harassment of one type or
may experience combinations of discriminatory conduct. (i) An employee of the
college conditioning the provision of aid, benefit, or service of the college
on an individual's participation in unwelcome sexual
conduct; (ii) 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
recipient's education program or activity; or (iii) "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. (d) 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-employee's 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 subjected
to sexual misconduct may also file a complaint with the local law enforcement
agency, if criminal justice action is desired, the Ohio civil rights
commission, the U.S. equal employment opportunity commission, or the U.S.
department of education's 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 college's Title IX
coordinator. (D) Confidentiality - 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.
Last updated June 3, 2024 at 8:36 AM
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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
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Rule 3357:15-14-17 | CONCEALED WEAPONS.
Effective:
February 22, 2015
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 employee's eligibility for employment with the
college. Continued employment depends on a variety of factors such as
violations of college policy; the employee's past disciplinary record;
and the nature and gravity of, and circumstances surrounding, the arrest or
conviction, including the employee's truthfulness and completeness in
disclosing the information in a timely manner.
Last updated June 5, 2023 at 8:44 AM
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Rule 3357:15-14-19 | PAY DURING EMERGENCY SCHOOL CLOSURES.
Effective:
February 22, 2015
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
college's owned resources.
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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.
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Rule 3357:15-14-22 | Personal property.
Faculty, staff, students, visitors and guests 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.
Last updated June 3, 2024 at 8:36 AM
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Rule 3357:15-14-23 | Equal employment opportunity.
Effective:
March 20, 2023
(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
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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, employee's 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
employee's 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
employee's 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 employee's immediate family member's permission
to obtain clarification on any individually identifiable health information in
the case of recertification. (7) Failure to comply
with the college's request for documentation may result in discipline.
The college will refer to the corrective action and discipline policy in these
situations.
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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 vice president
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.
Last updated June 3, 2024 at 8:37 AM
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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 individual's college's
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 employee's 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 employee's dean/director to participate outside
activities during work time.
Last updated June 7, 2021 at 11:31 AM
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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, and/or meetings pertaining to corrective
action; however, the vice president of human resources 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. Recording in the
classroom is addressed in rule 3357:15-13-37 of the Administrative Code,
electronic devices in the classroom. This policy is not applicable to
recordings that are made through telephone or cell phone voicemail systems
and/or Stark state college security systems.
Last updated June 3, 2024 at 8:37 AM
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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
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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
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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.
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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
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Rule 3357:15-14-33 | Tuition assistance.
All full-time Stark state college faculty,
administrative, professional, technical-para professional, and hourly 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.
Last updated June 3, 2024 at 8:37 AM
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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
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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
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Rule 3357:15-14-36 | Cell Phone, Data and Text Allowance.
This policy establishes the extent to which the
college may subsidize, through a cell phone allowance, personally owned cell
phones used in the conduct of college business. Authorization for a stipend to
partially fund a required cellular device shall be approved by the applicable
executive council member.
Last updated June 3, 2024 at 8:37 AM
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Rule 3357:15-14-37 | Racial, religious, and ethnic harassment and ethnic intimidation (CAMPUS Act).
Effective:
October 27, 2024
Stark state college is committed to principles that
enable the educational and professional enhancement of all racial, religious
and ethnic groups. Stark state will not tolerate racial, religious, or ethnic
harassment and/or intimidation by or against its students, faculty, or staff.
All employees must comply with this policy, when engaged in activities
sponsored by the college. This policy is not intended to diminish or infringe
upon any right protected under the First Amendment to the United States
Constitution, Article I, Sections 3 and 11 of the Ohio Constitution, or
noncommercial expressive activity as defined in section 3345.0212 of the
Revised Code. (A) Training in compliance with the
CAMPUS Act, all Stark state college administrators, faculty, and staff will
attend training on racial, religious, and ethnic harassment or intimidation
including information on how to respond to hate incidents or incidents of
harassment that occur during a class or event held at the institution.
(B) Prohibition against retaliation for
harassment stark state college prohibits any retaliatory actions against
complainants or respondents based on the complainant's good-faith report
of harassment or a witness's participation or cooperation in an
investigation even if the college should ultimately find that the complaint was
unfounded. CAMPUS Act definitions: (1) Racial, religious,
and ethnic harassment: unwelcome conduct based on race, religious identity,
and/or ethnicity that is so severe, pervasive, and objectively offensive that
it effectively denies an individual equal access to the individual's
education program or activity. This harassment includes exhibiting bullying
behavior including yelling and/or screaming, being physical with a person or
objects with the intent or result of intimidation, and threatening or
disrespectful behavior whether in-person or online towards a student, faculty
or staff member, or visitor. (2) Ethnic intimidation:
as defined in section 2927.12 of the Revised Code, "no person shall
violate section 2903.21 aggravated menacing, 2903.22 menacing, 2909.06 criminal
damaging or endangering, or 2909.07 criminal mischief or division (A)(3),
(A)(4), or (A)(5) of section 2917.21 telecommunications harassment of the
revised code because of the race, color, religion, or national origin of
another person or group of persons. Ethnic intimidation is an offense of the
next higher degree than the offense the commission of which is a necessary
element of ethnic intimidation."
Last updated October 28, 2024 at 8:52 AM
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