OCCC Board Policies

Chapter Seven: Human Resources

700 Equal Employment Opportunity

700 – Equal Employment Opportunity

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 174.100, ORS 192.630, ORS 243.672, ORS 341.290(1), ORS 659.805, ORS 659.850, ORS    659.870, ORS 659A.003, ORS 659A.006, ORS 659A.009, ORS 659A.029, ORS 659A.030, ORS 659A.043, ORS 659A.046, ORS 659A.109, ORS 659A.142, ORS 659A.145, ORS 659A.233, ORS 659A.236, ORS 659A.309, ORS 659A.409, OAR 589-008-0100(1)(j), OAR 589-010-0100, OAR 839-003-0000, Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107, Equal Pay Act of 1963, 29 U.S.C. § 206(d), Rehabilitation Act of 1973, 29 U.S.C. §§ 503, 791, 793-794, Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683, Americans with Disabilities Act of 1990; Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630; 28 C.F.R. Part 35.

Equal employment opportunity and treatment shall be practiced by the College regardless of race, color, national origin, religion, sex, sexual orientation, age, marital status, veteran status, or any other conditions protected by law, if the employee, with or without reasonable accommodation, is able to perform the essential functions of the position. The President will appoint an employee to serve as the officer in charge of compliance with the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 (ADA), and Section 504 of the Rehabilitation Act of 1973. The President will also designate a Title IX coordinator to comply with the requirements of Title IX of the Education Amendments of 1972. The Title IX coordinator will coordinate the investigation of complaints communicated to the college alleging noncompliance with Title IX. The name, address and telephone number of the Title IX coordinator will be provided to all students and employees.

701 Staff Evaluation

701 – Staff Evaluation

Approved by Board of Education:      12/17/2014

REFERENCES:  ORS 341.290 (2), OAR 589-008-0100 (1)(h)

The President or designee shall be responsible for developing and maintaining procedures for staff evaluation.

703 Sexual Harassment

703 – Sexual Harassment

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 341.290 (2), ORS 659.850, ORS 659A.006, ORS 659A.029, ORS 659A.030, OAR 589-010-0100Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000(d), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000(e), Title IX of the Education Amendments of 1972, 20 U.S.C., Sections 1681-1683.

The Board of Education is committed to maintaining both a working and learning environment that is free from any form of harassment related to a person’s sex. Sexual harassment is defined by state statute to include any unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication of a sexual nature when:

Submission to such conduct or communication is made a term or condition of employment;

Submission to, or rejection of, the conduct or communication is the basis for decisions affecting employment;

The conduct or communication has the purpose or effect of interfering with an individual’s work performance by creating an intimidating, hostile, or offensive working or learning environment.

It is Board policy that:

No employee shall use the authority of his/her position to subject any other employee or student to sexual harassment as defined above.

Administrative procedures will be developed and disseminated that will outline the process for reporting and reviewing and acting on all complaints related to sexual harassment.

706 Ethical Conduct and Conflict of Interest

706 – Ethical Conduct and Conflict of Interest

Approved by Board of Education:       12/17/2014

REFERENCES:   ORS 244.010, ORS 244.020, ORS 244.040, ORS 244.120, ORS 244.130, ORS 244.350 – 244.380, ORS 294.311 (22), ORS 294.336, ORS 341.275 (2), ORS 659A.309

Oregon Coast Community Board of Education members and employees will adhere to state laws relating to conflict of interest and government ethics. College employees will not engage in, or have a financial interest in, any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as staff members. If an employee has a potential or actual conflict of interest, the employee must notify his/her supervisor, in writing, of the nature of the conflict and request that the supervisor appropriately disposes of the matter giving rise to the conflict.

The president will establish administrative regulations to keep the College in compliance with ethics statutes and to prevent College resources from being used for personal gain. The regulations may address proper use of College resources, facilities and equipment; employment and reporting relationships of relatives of OCCC employees; the acceptance of gifts, honoraria and reimbursement for expenses.

To avoid nepotism in supervision, the Board of Education directs that no employees be assigned in any position where the employee would be responsible to a member of his/her family. Similarly, to avoid nepotism in hiring, no employees may serve in any hiring capacity wherein an applicant is a family member.  Family, as used in this policy and as defined by law means the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual.

709 Personnel Records

709 – Personnel Records

Approved by Board of Education:       12/17/2014

REFERENCES:   ORS 341.290(2), ORS 652.750, OAR 589-008-0100(4), OSEA v. Lake County Sch. District, 93 Or. App. 481 (1988), Americans with Disabilities Act of 1990; Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101- 12213; 29 C.F.R. Part 1630; 28 C.F.R. Part 35

An official personnel file will be established for each person employed by the College and will be maintained in the human resources office in compliance with state law and appropriate collective bargaining agreements. All records containing employee medical condition information such as workers’ compensation reports and release/permission to return to work forms will be kept confidential, in a separate file from personnel records. Such records will be released only in accordance with the requirements of the Americans with Disabilities Act or other applicable law.

The President will be responsible for establishing regulations regarding the control, use, safety and maintenance of all personnel records. Employees will be given a copy of any evaluations, complaints and written disciplinary actions to be placed in their personnel file and may submit a written response to be attached to the file copy.

Except as provided below, or required by law, College employees’ personnel records will be available for use and inspection only by the following:

The individual employee. An employee or designee may arrange with the human resources office to inspect the contents of his/her personnel file on any day the human resources office is open for business;

Others designated in writing by the employee;

The comptroller or auditor, when such inspection is pertinent to carrying out his/her respective duties, or as otherwise specifically authorized by the Board. Information so obtained will be kept confidential. No files will be removed from their central location for personal inspection;

A Board member when specifically authorized by the Board. Information will be kept confidential.  No files will be removed from their central location for personal inspection;

The President

College administrators and supervisors who currently or prospectively supervise the employee;

Employees of the human resources office;

Attorneys for the College or the College’s designated representative on matters of College business.

The President may permit persons other than those specified above to use and to inspect employee records when, in his/her opinion, the person requesting access has a legitimate official purpose. The President will determine in each case the appropriateness and extent of such access.

Release of personnel records to parties other than those authorized to inspect them will be only upon receipt of a court order.

712 Management Rights

712 – Management Rights

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 341.290

The Board of Education reserves all rights and powers with respect to the governance of the college and the employment of all college employees except as limited by law or the requirements of any operative collective bargaining agreement. Under the authority granted by ORS 341.290, the Board establishes the office of college President and delegates their powers and duties for management of the college to the President in board policy 255. The President will establish and maintain administrative regulations to ensure the effective operation of the college. These regulations may address areas to include (but not limited to) employee recruitment, employment status, work requirements, job sharing, hours of work, location of work, and inclement weather schedules.

733 Expense Reimbursements

733 – Expense Reimbursements

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 294.155, ORS 341.290(2), I.R.C. § 162; Business Expenses, 26 C.F.R. 1.162-1, INTERNAL REVENUE SERVICE, PUBLICATION 463: TRAVEL, ENTERTAINMENT, GIFT AND CAR EXPENSES.

The College will reimburse employees and board members for business-related travel expenses. The College is supportive of professional development that requires travel, subject to best use of available resources. The President will establish and maintain administrative rules and procedures to ensure the cost effective and appropriate use of College resources. The rules and procedures shall comply with all applicable federal and state requirements.

739 Drug- and Alcohol-Free Workplace

739 – Drug and Alcohol Free Workplace

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 342.721, ORS 342.723, ORS 342.726, ORS 657.176, OAR 581-022-0416, Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 8101-8106; General Principles Relating to Suspension and Debarment Actions, 34 C.F.R. §§ 84.100-84.670, Controlled Substances Act, 21 U.S.C. § 812; Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11 – 1308.15, Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117.

The manufacture, distribution, dispensing, possession or use of alcoholic liquor, intoxicants or controlled substances not medically prescribed, or being under the influence of these to any degree by any employee in or about the college buildings or on the college premises or while performing any duties for the college is prohibited and is cause for suspension and/or dismissal. If the employee is not dismissed, suspension may be imposed in combination with a requirement to complete a drug or alcohol treatment and rehabilitation.

All employees are required to abide by this alcohol and drug-free workplace policy. In addition, they shall notify the Office of Human Resources within five days of their conviction for a violation of substance abuse laws involving the workplace, or if they became aware that another employee has been convicted of such a violation.

Employees may seek referral assistance from the Office of Human Resources in connection with alcohol or drug-related problems. Reasonable efforts shall be made to handle such requests confidentially. Requests for assistance are encouraged and will not themselves be considered as ground for dismissal. Such requests shall not, however excuse violations prohibited by this policy.

The provisions of this policy regarding dispensing, possession or use of alcoholic liquor may be suspended temporarily for specified and approved social functions as approved by the Campus President where such function will occur.

742 Health and Safety

742 – Health and Safety

Approved by Board of Education:       02/23/2015

REFERENCES:  ORS 654.003 – 654.022, ORS 654.176, ORS 654.182, OAR 437-001-0765, OAR 437-002-0020 to -0081, OAR 437-002-0100, OAR 437-002-0140 to 0145, OAR 437-002-0180 to -0187, OAR 437-002-0260 to -0268, OAR 437-002-0360 to 0391

It is the policy of OCCC to ensure a safe and healthful campus for all its employees and students. The College will maintain an effective health and safety program that involves all employees in the effort to eliminate workplace hazards. It is the responsibility of all staff to work safely and participate in a manner that helps prevent workplace injuries and illness.

Safe buildings, grounds and equipment will be maintained in order to prevent accidents or injury to students, employees and others from fire, natural disasters, mechanical and electrical malfunction and other hazards.

Buildings will be planned, constructed, equipped and maintained in accordance with appropriate local, state and federal safety regulations. Buildings will be provided with alarm systems, fire extinguishers and other safety devices required by state and federal laws and regulations. The President or designee will develop and implement a safety program which will include, but not be limited to, compliance with and enforcement of all state and federal laws, rules and regulations.

745 Separation from Employment/Layoff

745 – Separation From Employment / Layoff

Approved by Board of Education:       05/09/1994

REVISED:           04/15/2015

The work performed by the College is subject to work load fluctuations and the general economy of the community the College serves. Changes in scheduled work load and/or decreases in financial resources may affect staffing needs.  The College may layoff employees due to abolition of positions, shortage of funds or work, a material change in duties or changes in the organization.   Duties performed in conjunction with laid-off positions may be reassigned to other employees if these duties are appropriate to the other employees’ classifications.

In the event the College determines it is necessary to eliminate jobs or otherwise curtail operations, layoffs will be necessary. The decision of individuals to be laid off will be made by the College based on its determination of overall needs and the relative skills and ability of the employees

Processes associated with layoffs are governed by applicable Collective Bargaining Agreements. For employees who are not in represented employment categories, the College will follow due process and Oregon law.

Employees who are laid off do not have recall or reinstatement rights, except as required by law.

Legal Reference(s) ORS 316.3, 316.4, 317

751 Compensation and Benefits

751 – Compensation and Benefits

Approved by Board of Education:       01/21/2015

The President shall maintain a system(s) of compensation and benefits for college employees. It is the intent that, within resources reasonably available, compensation and benefits paid to college employees shall be consistent with total compensation in comparable rural labor markets for similar services being performed. The President shall periodically recommend to the Board compensation and benefits changes as required to adjust to financial resources, to maintain legal compliance, or maintain rural market relationships.

For employees in represented bargaining units such compensation and benefit packages shall be negotiated in accordance with applicable laws.

754 Retirement Plan

754 – Retirement Plan

Approved by Board of Education:       05/09/1994

REVISED:           04/15/2015

In accordance with established PERS directives, the College provides a retirement plan through the Public Employees Retirement System (PERS). PERS membership is available to employees who are appointed to PERS qualifying positions. OCCC will pay the employer contribution and will, additionally, “pick up” the employee contribution to the plan for eligible members. Part-time employees appointed to positions which do not meet this requirement may still be eligible if working concurrently for another PERS covered employer. At all times, the College will comply with PERS statutes, regulations, and interpretations as well as Oregon laws affecting retirement.

Legal Reference(s) ORS 237.153

760 Worker's Compensation Coverage

760 – Worker’s Compensation Coverage

Approved by Board of Education:       02/23/2015

REFERENCES:  ORS 243.650, ORS 656.033, ORS 657.170, OAR 437-001-0760

Oregon Coast Community College employees are insured under the provisions of the Oregon State Worker’s Compensation Act. Any injury or illness to an employee while on duty must be reported at once to the immediate supervisor who will then report the incident in to the Chief of Finance and Operations. Any employee who is injured while on duty or becomes ill as a result of performing his/her responsibilities may receive compensation and expenses as prescribed by state law and regulations.

781 Political Activities

781 – Political Activities

Approved by Board of Education:       06/14/1993

REVISED:           03/18/2015

In accordance with Oregon State Law, no person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.

The President shall designate locations at each college facility as areas where college employees, outside groups and students can engage in campaign or political activities.

The Board directs the President to inform all college employees of the restrictions on public employee political activities imposed by ORS 260.432.

ORS 260.432

787 Standards of Conduct

787 – Standards of Conduct

Approved by Board of Education:       06/14/1993

Revised by Board of Education:           03/18/2015

The Board of Education and the college community believe that certain fundamental standards characterize the institution in which we work and guide us in the accomplishment of our mission. These standards are:

A. The dignity and worth of each individual

B. Effective teaching and learning

C. Educational and personal growth of the individual

D. Open and honest communication

E. Teamwork and cooperation

F. An environment that encourages the expression of diverse ideas and solutions.

The president shall establish and maintain administrative rules, statements and procedures to reasonably clarify the standards of appropriate conduct for both employees and students of Oregon Coast Community College, as well as illustrative examples of inappropriate conduct. These rules statements and procedures shall be separate from and in addition to those related to unlawful harassment and discrimination, which are articulated in Board Policy 700. The president shall assure a clear and accessible process for reporting and resolving concerns related to conduct in a timely manner.

790 Discipline and Dismissal of Personnel

790 – Discipline and Dismissal of Personnel

Approved by Board of Education:       07/12/1993

Revised by Board of Education:           03/18/2015

It is the policy of the Board of Education to use due process and to comply with college procedures and collective bargaining agreements when applicable when disciplining and/or dismissing employees.

Legal Reference(s):

ORS 243.672

ORS 243.706

ORS 243.756

ORS 652.140

793 Staff Complaints and Appeals

793 – Staff Complaints and Appeals

Approved by Board of Education:       07/12/1993

Revised by Board of Education:           03/18/2015

Procedures for processing staff grievances and appeals for those employees covered by a collective bargaining agreement will be contained in the appropriate agreement. Procedures for processing grievances and appeals for those employees not covered by a collective bargaining agreement will be developed by the President or designee, as necessary

Legal Reference(s):

ORS 341.290(2)

OAR 589-008-0100 (1)(i)

Oregon Coast Community College