Part 3.1 - Hiring and Training

• Policy 3.1.1 —

  Equal Employment Opportunity

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• Policy 3.1.2 —

  Employment

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• Procedure 3.1.2.1 —

  Employment

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• Procedure 3.1.2.2 —

  New Employee Orientation

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• Policy 3.1.3 —

  Employee Classifications and Working Hours

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• Procedure 3.1.3.1 —

  Full-Time Employee Workloads

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• Policy 3.1.4 —

  Compensatory Time

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• Policy 3.1.5 —

  Re-employment of Retired State Employees

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• Policy 3.1.6 —

  Employment of Relatives

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• Policy 3.1.7 —

  Salary Plan

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• Policy 3.1.8 —

  Professional Development

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• Procedure 3.1.8.1 —

  Professional Growth

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• Policy 3.1.9 —

  President – Hiring and Duties

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Part 3.2 - Leave and Benefits

• Policy 3.2.1 —

  Benefits

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• Procedure 3.2.1.1 —

  Benefits Overview

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• Procedure 3.2.1.2 —

  ACA Measurement Period

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• Policy 3.2.2 —

  Longevity Pay

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• Policy 3.2.3 —

  Leave

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• Policy 3.2.4 —

  Sick Leave

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• Policy 3.2.5 —

  Annual Leave

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• Policy 3.2.6 —

  Educational Leave

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• Procedure 3.2.6.1 —

  Educational Leave

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• Policy 3.2.7 —

  Civil Leave

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• Policy 3.2.8 —

  Workers’ Compensation Leave and Benefits

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• Policy 3.2.9 —

  Bonus Leave

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• Policy 3.2.10 —

  Adverse Weather / Emergency Closings

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• Procedure 3.2.10.1 —

  Adverse Weather / Emergency Closings

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• Policy 3.2.11 —

  Voluntary Shared Leave

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• Policy 3.2.12 —

  Family Medical Leave

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• Policy 3.2.13 —

  Child Involvement Leave

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• Policy 3.2.14 —

  Military Leave

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• Policy 3.2.15 —

  Bereavement Leave

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• Policy 3.2.16 —

  Leave Without Pay

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• Policy 3.2.17 —

  Holidays

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• Policy 3.2.18 —

  Making-up Cancelled Classes (cross reference Policy 4.1.9)

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Part 3.3 - Conduct, Evaluation, Discipline, Termination and Grievance

• Policy 3.3.1 —

  Personnel Files

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• Policy 3.3.2 —

  Evaluations

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• Policy 3.3.3 —

  Code of Employee Conduct

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• Procedure 3.3.3.1 —

  Arrests and Convictions

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• Policy 3.3.4 —

  Disciplinary Action, Suspension and Dismissal

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• Policy 3.3.5 —

  Contract Nonrenewal and Resignations

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• Policy 3.3.6 —

  Right of Appeal

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• Policy 3.3.7 —

  Discrimination and Harassment (cross reference Policy 5.3.4)

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• Procedure 3.3.7.1 —

  Sexual Harassment and Sexual Violence (cross reference Policy 5.3.4)

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• Procedure 3.3.7.2 —

  Unlawful Discrimination and Harassment

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• Policy 3.3.8 —

  Grievance

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• Policy 3.3.9 —

  Reduction in Force/Involuntary Leave Without Pay

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Part 3.4 - Miscellaneous HR Matters

• Policy 3.4.1 —

  Conflict of Interest (cross reference Policy 1.4)

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• Policy 3.4.2 —

  Employee Political Activity

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• Policy 3.4.3 —

  Weapons on Campus (cross reference Policy 2.1.6)

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• Policy 3.4.4 —

  Alcohol and Drugs on Campus

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• Policy 3.4.5 —

  Communicable Diseases and Occupational Exposure to Bloodborne Pathogens (cross reference Policy 2.1.10)

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• Policy 3.4.6 —

  Academic Freedom

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• Policy 3.4.7 —

  Secondary Employment

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• Procedure 3.4.7.1 —

  Secondary Employment

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• Policy 3.4.8 (cross reference Policy 5.4.5) —

  Service Animals and Other Animals on Campus

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• Policy 3.4.9 —

  Clubs and Civic Organizations

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• Policy 3.4.10 —

  Wellness

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• Policy 3.4.11 —

  Professional Dress and Grooming

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• Procedure 3.4.11.1 —

  Professional Dress and Grooming Procedure

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Part 3.1 - Hiring and Training

• Policy 3.1.1 - Equal Employment Opportunity

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  The College provides equal employment opportunities to all employees and applicants for employment without regard to race, religion, color, national origin, sex, gender, gender identity, sexual orientation, age, disability, genetic information, political affiliation or status as a covered veteran in accordance with all applicable federal, state and local laws. Upon request, the College will make reasonable accommodations for qualified individuals with disabilities so that they may be able to perform the essential functions of their job unless doing so would result in an undue burden for the College.

  This policy applies to all terms and conditions of employment including, but not limited to: hiring, placement, promotion, termination and compensation.

  Any inquiries, questions or clarifications regarding this policy should be made to the College’s Director of Human Resources.

  Adopted: April 10, 2019
  Legal Reference: Title VII of the Civil Rights Act of 1964; The Age Discrimination in
  Employment Act of 1967; Section 504 of the Rehabilitation Act of 1973; The
  Americans with Disabilities Act of 1990; The Genetic Information
  Nondiscrimination Act of 2008; Title IX of the Education Amendments of
  1972; Family Medical Leave Act; The Equal Pay Act of 1963; Lilly Ledbetter
  Fair Pay Act of 2009; 1C SBCCC 200.95

• Policy 3.1.2 - Employment

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  I. FULL-TIME EMPLOYEES

  A. The Board authorizes the President to hire all full-time employees. The President shall inform the Board at the next regularly scheduled Board meeting of any new hires made since the last Board meeting.

  B. All newly hired full-time employees shall receive a letter of appointment stating that the employee shall serve a probationary period of at-will employment lasting one (1) academic year.  After the probationary period, full-time employees may be eligible for annual employment contracts for at least nine (9) and no more than twelve (12) months dependent on the employee’s duties.  If an employee is hired after the academic semester has already begun and the employee’s one-year probationary period ends during the subsequent academic year, the term of the employee’s initial employment contract, if offered, shall only be for the remainder of that subsequent academic year.  Nothing in this Policy or in the employee’s letter of appointment shall entitle the employee to an employment contract or contract renewal.

  II. PART-TIME AND TEMPORARY EMPLOYEES

  A. The Board authorizes the President or designee to hire all part-time and temporary employees.

  B. Part-time instructional employees (adjuncts) shall be provided short-term contracts for no more than one semester.

  C. All other part-time and temporary employees shall be paid by time sheet. Nothing in this Policy shall entitle the employee to an employment contract.

  III. INDEPENDENT CONTRACTORS

  The President or Vice President of Administrative Services is authorized to enter non-construction service contractors with independent contracts for individual contracts and if the funds have been appropriated in the budget.

  IV. MISCELLANEOUS PROVISIONS

  A. The quality of the College’s programs and services are dependent on the skills, commitment and enthusiasm of all of its employees. The Board seeks to employ the best qualified personnel available. In return, the Board expects its employees to accept and support the College’s mission and vision. Specifically, all employees are expected to know the College’s policies and procedures, devote their professional services and individual skills to the realization of the College’s objectives and to discharge their duties in such a manner as to reflect positively upon the College.

  B. No applicant will be considered for any employment position who does not complete and submit a College employment application form.

  C. Employment preference will be given to eligible veterans, their spouses or surviving spouses and surviving dependents as defined by N.C.G.S. § 128-15. This preference applies to initial employment, subsequent hiring, promotions, reassignments and horizontal transfers when two or more candidates are equally qualified for the position. To claim veterans’ employment preference, all eligible veterans shall submit a Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty) along with a College application for employment. To claim veterans’ employment preference, eligible veterans must meet the minimum training and experience requirements for the position and must be capable of performing the duties assigned to the position.

  D. All employed instructional personnel shall meet Southern Association of Colleges and Schools/Advanced ED criteria.

  Adopted: April 10, 2019
  Legal Reference: G.S. 115D-20; G.S.128-15; 1D SBCC 400.4; SBCC 300.3

• Procedure 3.1.2.1 - Employment

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  I. HIRING PROCEDURES

  A. Fair Hiring Process

  1. Upon notification of a vacant position, the Vice President/supervisor will notify the Human Resources Director of the vacancy. A meeting with the President and appropriate Vice President will be scheduled to review and update the job description for accuracy of responsibilities and minimum credentials, to determine the salary range and guidelines for advertising, and to determine the timetable for hiring. An interview committee will be formed in accordance with step B in the hiring process.
  2. The Director of Human Resources will advertise full-time positions for a period of a minimum of two weeks, when advertising externally and a minimum of one week, when advertising internally. Part-time, temporary positions, and adjunct pools will be advertised as “open until filled”.
  3. The interview team will meet during the advertising period to draft candidate interview questions. Interview questions will be submitted to the Director of Human Resources for review. All qualified applications shall be distributed to the appropriate Vice President/Supervisor. The Human Resources Director will ensure that an acknowledgement of receipt is sent to all applicants. The interview team shall review the applications and recommend candidates for interviews.
  4. The Director of Human Resources will ensure that all candidates selected for interview meet the required qualifications as advertised.
  5. The Director of Human Recourses shall schedule interviews for selected candidates.
  6. The interview committee will interview selected candidates.
  7. The interview committee members make one of the following recommendations to the Vice President/supervisor and Director of Human Resources.

  1. Recommend finalist(s) for consideration.
  2. Recommend candidate(s) for a second interview.
  3. Recommend that the position be re-advertised

  8. The Vice President/supervisor and Director of Human Resources present recommendations to the President. The President will take one of the following actions.

  1. Present a conditional offer of employment to a candidate.
  i. Proceed to step #9.
  2. Schedule a second interview with a candidate(s).
  i. Once second interviews are conducted the President will decide whether to make a conditional offer of employment or re-advertise the position. The Director of Human Resources will notify the interview committee of the action taken.
  3. Re-advertise the position.
  i. Director of Human Resources will notify the interview committee of the action taken.

  9. Once a decision is made to make a conditional offer employment, the Director of Human Resources shall take the following actions.

  1. Contact the Vice President of Administrative Services to confirm budget availability and the amount of the offer.
  2. Contact the candidate and make the conditional offer of employment.
  3. Upon acceptance by the candidate, conduct professional references and criminal background checks
  4. Inform the President of acceptable reference and background checks, at which time the President will formally offer employment to the candidate.
  5. Notify the interview committee of the outcome of the hiring process.
  6. Work with the new employee to navigate the onboarding process.

  10. The Human Resources Director shall notify all interviewees within a timely manner once a hiring decision has been made.
  11. At the first regular meeting after being hired, the Board will receive notification of employee hires.

  B. Interview Committee Membership

  1. The chair of the interview committee and Director of Human Resources shall coordinate to recommend members to serve on the interview committee. Recommendations shall be submitted to the President/Vice President and approved before interviews begin. Exceptions to the committee structure may be made depending on employee availability to serve on the committee or in situations where special skillsets are required for the interview process.
  2. The interview committee should include the following members. Committees shall be designed to be representative of the institution with members being selected from different departments and diverse backgrounds.

  1. The supervisor for the vacant position or designee shall act as chair of the committee
  2. The Director of Human Resources shall serve as an ad hoc member of the committee
  3. Two employees in the department with the vacancy will be invited to serve on the committee
  4. Three employees outside the department (a minimum of one member must be from another division) with the vacancy will be invited to serve on the committee

  3. Committee members shall,

  1. Be full-time employees of the college (Unless otherwise approved by the President)
  2. Be employees in good standing (Not under disciplinary action)
  3. Not be an immediate relative of a candidate
  4. Not have an undisclosed personal relationship with candidates

  C. Criminal Background Checks

  1. Hiring and continued employment of qualified individuals is important to the College’s success. Therefore, background checks will be used to obtain additional applicant information to help determine an applicant’s overall employability and may be obtained on employees for the purposes of protecting College assets and for promoting a safe environment for employees and students. Background information will be researched and evaluated in a consistent non-discriminatory manner and in accordance with the Fair Credit Reporting Act.
  2. Offers to final recommended applicants will be made contingent upon, or after successful completion of, a background investigation. The Director of Human Resources will be responsible for working with a third-party provider to conduct background checks. The third-party provider is responsible for checking a range of sources depending on the position, including, but not limited to: criminal conviction records, civil litigation records and national sex offender registry.
  3. The following factors will be considered for those applicants with a criminal history in determining whether to hire the applicant and when necessary, in determining the continued employment of an employee: a) the nature of the crime and its relationship to the position; b) the time since the conviction; c) the number (if more than one) of convictions; d) whether hiring the applicant would pose a risk to the College, students or personnel; e) the actions and activities of the applicant since the conviction or other determination; and f) explanations and/or other information provided by the candidate and whether the candidate has demonstrated that s/he does not have the integrity or honesty to fulfill the duties of the position.
  4. If any applicant is found to have falsified or withheld any information regarding conviction history, the applicant will not be considered for employment and any offer of employment will be withdrawn. Applicants who refuse consent to a criminal background check will be considered to have withdrawn their application for employment at the College. False or omitted information on an employment application of an employee or an employee’s failure to report criminal history information may be grounds for disciplinary action up to and including termination.
  5. The applicant or employee will be given an opportunity to review the results of the background investigation and will be given an opportunity to dispute the accuracy or completeness of any information contained in the report by contacting the third-party provider that conducted the background check.
  6. The Director of Human Resources will review the findings of the background checks with the appropriate Vice President/Supervisor. If the applicant is recommended to the President, the President will make the final decision concerning the employability of the applicant or when necessary, the continued employment of an employee. Background checks will be maintained as part of the individual’s employment record and kept in accordance with records retention policies.

  II. PROMOTION/TRANSFER

  1. Promotion/transfer shall be made in accordance with the principles of equal opportunity and only valid job-related requirements for a promotion opportunity will be used. All promotions/transfers for full-time employees will be subject to a one (1) year probationary contractual period. At the end of a successful probationary period, the employee will be eligible for one (1) year annual contracts. The College will promote from within whenever possible. The supervisor may nominate an internal candidate to be promoted/transferred to an existing vacancy. All internal candidates must be permanent part-time or full-time employees of the College. A recommendation to promote/transfer an internal candidate shall be made in a written statement to the appropriate member of the President’s Cabinet with a copy to the Human Resources Director. The cabinet member will be responsible for assuring that an internal applicant meets the basic requirements of the position or will be responsible for specifying those requirements upon which a conditional promotion may be made. If a conditional promotion is made, a contract must be executed between the College and the full-time employee specifying the conditions the employee must meet in order to retain the position and the time frames within which the conditions must be met.

  1. Priority for Promotion/Transfer for Non-Teaching Personnel

  a. Job specifications including educational level attained
  b. Performance evaluation with regard to present position
  c. Former work experience

  2. Priority for Promotion/Transfer of FT Instructor to Administrative

  a. Job specifications including educational level attained
  b. Administrative/management background (education, training, or former work experience)
  c. Performance evaluation (with emphasis on administrative areas)

  Adopted: April 10, 2019

• Procedure 3.1.2.2 - New Employee Orientation

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  All new full-time employees will receive an employee orientation. The orientation process should familiarize each new employee with the College’s policies and operating procedures, the functions of each division and how they interact, his/her division, and his/her specific duties and responsibilities. The new employee should be made aware of the College’s physical layout.

  All full-time employees will participate in a mandatory program conducted by the College’s Human Resources Department.

  Adopted: April 10, 2019

• Policy 3.1.3 - Employee Classifications and Working Hours

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  I. EMPLOYMENT CLASSIFICATIONS

  A. Full-Time Employee – any individual who occupies a College designated full-time
  position working a minimum of forty (40) hours per week. All full-time positions
  are classified as either full-time curriculum or full-time non-curriculum and exempt
  or non-exempt. All full-time employees shall receive annual contracts as stated in
  Policy 3.1.2. Full-time curriculum employees shall receive contracts for nine (9)
  and no more than twelve (12) months dependent on the employee’s duties. All
  other full-time non-curriculum employees shall receive contracts not to exceed one
  year.

  B. Part-Time Employee – any individual who is employed for less than thirty (30)
  hours per week. All part-time employee positions are classified as either part-time
  curriculum or part-time non-curriculum. All part-time curriculum employees shall
  receive short-term contracts for no greater than one semester. All other part-time
  employees shall receive short-term contracts for no greater than six months.

  C. Full-Time, Temporary Employee – any individual who is employed in a full-time
  position (i.e., 40 hours or more per week) but the job is temporary (i.e., generally
  less than six months except in extraordinary situations). All full-time, temporary
  employees are classified as exempt or non-exempt. For purposes of the Affordable
  Care Act only, any full-time, temporary employee who is anticipated at the date of
  hire to work in excess of three (3) months during the academic year is considered a
  full-time employee for purposes of an offer of health insurance. All full-time,
  temporary employees shall receive short-term contracts and be considered “at will”.

  D. Independent Contractors – any individual who is employed by the College pursuant
  to a written contract and provides specified services for the College and exercises
  his/her own degree of control and independence in providing those services.
  Independent contractors are not considered College employees.

  II. WORKLOADS

  The President is hereby authorized to develop administrative procedures to establish
  workloads consistent with this Policy.

  Adopted: April 10, 2019

• Procedure 3.1.3.1 - Full-Time Employee Workloads

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  I. FULL-TIME CURRICULUM EMPLOYEES

  A. The normal on-campus work week for full-time curriculum employees is forty (40)
  hours, including instructional time and office hours. It is expected that in addition
  to the forty (40) hour minimum, full-time curriculum employees shall regularly
  spend additional hours involved in class-related activities, such as preparation and
  grading.

  1. The teaching load for fall and spring semesters shall average sixteen (16) to
  eighteen (18) credit hours or twenty (20) to twenty-eight (28) instructor
  classroom contact hours.

  2. The teaching load for summer session will be proportional to the College’s
  full-time teaching load for fall and spring semesters.

  B. In general, full-time curriculum employees are expected to be on campus whenever
  students are on campus. However, there are days when full-time curriculum
  employees are required to be on campus even though students may not be required
  to be on campus. These days include all workdays (and workshop days),
  registration days, exam days and reading days. These are days when students
  and/or staff may need to consult with individual instructors and/or groups of
  instructors. On such days, if hours are not announced, such as on workshop days,
  full-time curriculum employees are expected to put in 4 hours.

  C. Other days when full-time curriculum employees are required to be present beyond
  normal working hours are days when faculty meetings are planned. Meetings are
  usually scheduled for mid-afternoon so that the largest number of faculty may be
  free to attend.

  II. FULL-TIME NON-CURRICULUM EMPLOYEES

  A. The normal work week for all exempt, full-time non-curriculum employees is a
  minimum of forty (40) hours. This category includes all administrators,
  supervisors, directors, counselors, and librarians. It is expected that beyond their
  normal working hours, these employees are often involved in additional College related activities required by their specific jobs. These employees are sometimes
  assigned different schedules during selected weeks. This flexible scheduling
  allows their work week to remain as normal as possible while still meeting the
  requirements of their jobs.

  B. The normal work week for all non-exempt, full-time non-curriculum employees is
  forty (40) hours. This category includes all support staff (i.e., secretarial, clerical,
  technical, maintenance, food services, instructional and lab assistants). For these
  employees, the schedule shall be arranged by their immediate supervisors in
  collaboration with the appropriate Vice President. Daily hours are documented on a timesheet submitted monthly to the employee’s supervisor. A decision
  determining appropriate work hours is made annually by the immediate supervisor,
  in collaboration with the appropriate Vice President. This decision is based on area
  workload. Compensation is appropriately adjusted for any reduction or increase in
  hours.

  C. If for some reason it is necessary for a non-exempt employee to work in excess of
  forty (40) hours per week, the employee will be award compensatory time at a rate
  of one and one half (1.5) hours. For more information regarding compensatory
  time, see Policy 3.1.4 – Compensatory Time.

  III. PART-TIME EMPLOYEES

  A. PART-TIME NON-CURRICULUM EMPLOYEES\

  Unless otherwise specifically assigned different hours, part-time, non-curriculum
  employees shall not work more than twenty-nine (29) hours per week unless there
  are special circumstances requiring the extended hours for a short duration of time.
  Working more than (29) hours per week requires written authorization from the
  employee’s immediate supervisor and the appropriate Vice President.

  B. PART-TIME CURRICULUM EMPLOYEES

  Part-time curriculum employees (i.e., adjunct faculty members) shall be limited to
  twenty-nine (29) hours per week inclusive of prep time, meetings and other College
  duties. For purposes of preparation time, the employee’s immediate supervisor and
  the appropriate Vice President shall set the number of hours for preparation time
  for each class taught by a part-time curriculum employee.

  III. MISCELLANEOUS PROVISIONS

  A. COLLEGE WORKWEEK

  A normal College workweek is a regularly recurring period of one hundred sixty-eight (168) consecutive hours (7 consecutive 24-hour periods). Each workweek
  stands alone for purposes of hours worked. The official College workweek begins
  at 12:01 a.m. Sunday, continues for 7 consecutive days and ends at 12:00 midnight
  on Saturday.

  Most College offices are open to the public from 8:00 a.m. to 5:00 p.m., Monday
  through Thursday and 8:00 a.m. to 3:00 p.m. on Friday. All departments with full-time employee must be staffed at the above mentioned times. It is the responsibility
  of the immediate supervisor to ensure appropriate office coverage.

  B. EMPLOYEE WORKWEEK

  All full-time, non-curriculum and nonexempt employees are expected to work at
  least forty (40) hours per week with a half-hour lunch break not to occur at the beginning or ending of the workday. The lunch break cannot be used to shorten the
  workday or be credited for overtime compensation unless expressly approved by
  the senior administrator for a defined temporary period.

  Hours worked include all the time an employee is permitted to work for the College;
  that is time where the employee is required to be on duty or on the College’s
  premises or at a prescribed workplace. Each employee is entitled to one 15-minute
  duty-free break during each 4-hour work period. These breaks should occur
  approximately mid-way through the work period and cannot be used to shorten the
  workday or be credited for overtime compensation.

  Montgomery Community College supports the physical health and well-being of
  its employees. Employees may use up to thirty (30) minutes of each working day
  to participate in wellness activities on campus as approved by their supervisor.
  Activities may include walking for fitness, participation in exercise class, and the
  use of campus weight room.

  C. NON-EXEMPT EMPLOYEES TIMESHEETS

  All non-exempt employees are required to complete an individual time record
  showing the daily hours worked. Time records cover one workweek and must be
  completed by the close of each workday. The following points should be
  considered in filling out time records for non-exempt employees:

  1. Employees should record their starting time, time out for lunch, time in from
  lunch, quitting time and total hours worked for each workday;

  2. Employees are not permitted to sign in or begin work before their normal
  starting time or to sign out or stop work after their normal quitting time
  without their supervisor’s prior approval;

  3. Employees are required to take scheduled lunch or meal breaks;

  4. Employee time records must be checked and signed by the supervisor
  involved. Unworked time for which an employee is entitled to be paid (paid
  absences, paid holidays, or paid vacation time) must be entered by the
  supervisor on the time record. Authorized overtime should also be
  identified by the supervisor and there must be documentation as to
  compensatory time or overtime pay approved;

  5. Unapproved absences should not be considered as hours worked for pay
  purposes; however, in extenuating circumstances, the supervisor may
  approve leave after an absence if the absence would have been approved
  under those circumstances had they been known prior. Supervisors should
  inform employees if they will not be paid for certain hours of absence; and

  6. Filling out another employee’s time record or falsifying any time record is
  prohibited and may be grounds for disciplinary action, up to and including
  termination.

  Adopted: April 10, 2019
  Legal Reference: 1D SBCC 400.93(a)(2)

• Policy 3.1.4 - Compensatory Time

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  Compensatory time will be granted to all full-time, non-exempt employees under the provisions of the Fair Labor Standards Act. If a non-exempt employee works more than forty (40) hours in a given work week, that employee shall receive compensatory time.

  For accrual and use of compensatory time, the following rules shall apply:

  A. The employee’s immediate supervisor must approve, any time over forty (40) hours per week prior to the employee working the time. Overtime work is discouraged and should only be implemented due to an emergency or extraordinary situation. Approved leave taken during a workweek (i.e., annual, sick, holiday, etc.) will not be counted as time worked for purposes of overtime.

  B. If it is necessary for an employee to work over forty (40) hours per week, one and one-half (1.5) hours of compensatory time shall be granted for each hour of overtime worked. The employee is responsible for accurately and honestly recording hours worked on time records and in accordance with College policy and practice. The employee’s supervisor shall review and approve time records at the conclusion of each period to determine that all recorded overtime hours are accurate.

  C. Except in extreme circumstances and with the appropriate Vice President’s approval, supervisors shall make sure that employees do not accrue more than forty (40) hours of compensatory time at any time and all accrued compensatory time must be used by the last day of the fiscal year (June 30th). If an employee fails to exhaust his/her compensatory time by the end of the fiscal year, the appropriate Vice President shall consult with the President to determine whether the unused accrued compensatory time shall be paid to the employee or if the College shall require the employee to use the leave at a time determined by the Vice President.

  D. Employees are required to use compensatory time prior to using any other accrued leave (annual, bonus, sick, etc.)

  E. The employee’s immediate supervisor must approve the use of compensatory time. To the extent possible, compensatory time should be used within the pay period it was received. An employee who has accrued compensatory time and requests the use of such time must be permitted to take the time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the College’s operations.

  F. In the event an employee leaves his/her College employment, the employee must, to the extent possible, exhaust all compensatory time before the last day of employment. Unused compensatory time must be paid at a rate of not less than the average of the employee’s regular pay rate for the last three years of employment or the final regular rate received by the employee, whichever is greater.

  Compensatory time may not be used to extend dates of retirement, resignation or other forms of severance from the College.

  G. Compensatory time shall be accumulated in quarter hours. The College shall round up to the nearest quarter hour when calculating compensatory time.

  H. Any work from home is not allowed to be counted as part of the forty (40) hour workweek and/or compensatory leave unless pre-approved by the employee’s immediate supervisor and appropriate Vice President.

  I. Failure to follow the requirements set forth in this policy is grounds for disciplinary action, up to and including non-renewal or termination.

  Adopted: April 10, 2019
  Legal Reference: 1C SBCCC 200.94; The Fair Labor Standards Act of 1938, as amended.

• Policy 3.1.5 - Re-employment of Retired State Employees

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  The College recognizes that a retired state employee has valuable experience to offer. The College further recognizes that the age of the College and the longevity of many employees will predicate an increase in retirements.

  The College may employ retirees of the State of North Carolina when such employment is necessary for the College’s efficient and effective operation. Such employment will be authorized by the President. Retirees are subject to a mandatory six (6) month waiting period before re-employment may occur. A retiree of the Teachers’ and State Employees’ Retirement System (“TSERS”) is subject to earnings limitations, as established by TSERS. Further, the College shall not arrange post-retirement employment with any person currently employed by the College, or other TSERS-participating agency or local government. A retiree may only be employed in an interim, part-time, temporary, or fee-for-service position and may not be employed in a position that requires membership in TSERS.

  The purpose of this Policy is to define and authorize benefits to be available to employees in this classification when the restricted earnings will be less than the employee will earn under the College salary plan.

  A. Benefits – Leave Accruals Full-time employees who are also retirees of the TSERS will earn annual leave and sick leave under the same guidelines as active full-time employees.

  B. Benefits – Longevity Pay

  A full-time employee who is also a retiree of the TSERS is eligible for longevity pay subject to the earnings limitation.

  C. Health Insurance

  If a re-hired retiree returns to work and, as a result of the position and hours worked, qualifies for an offer of health insurance by the College, TSERS will transfer health insurance responsibilities back to the College and the retiree-employee will receive the legal, mandated health insurance coverage from the College as required by law.

  Adopted: April 10, 2019
  Amended: January 9, 2022
  Legal Reference: 1C SBCCC 300.

• Policy 3.1.6 - Employment of Relatives

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  A. The College shall not employ two (2) or more persons concurrently who are “closely related” in positions which would result in one person of such relationship supervising another closely related person or having a substantial influence over employment, salary or wages or other management or personnel actions pertaining to the close relative.

  B. “Closely related” is defined to mean mother, father, brother, sister, son, daughter, father/ mother-in-law, son/daughter-in-law, brother/sister-in-law, grandfather, grandmother, grandson, granddaughter, uncle, aunt, nephew, niece, husband, wife, first cousin, step-parent, step-child, step-brother/sister, guardian/ward or some person engaged in a physical or romantic relationship without the benefit of marriage that live in the same house.

  C. With respect to the concurrent service of closely related persons within the same academic department or other comparable institutional subdivision of employment, neither relative shall be permitted, either individually or as a member of a committee, to participate in the evaluation of the other relative.

  D. Board members shall not take part in any official action regarding the employment of a closely related family member that results in financial gain to the Board member. For any official action regarding the employment status of a family member that would result in the financial gain to the Board member, the Board member shall disclose the conflict to the full Board and will not take part in the official action unless otherwise allowed by law.

  E. Employees with the authority to recommend the hiring of another employee shall not recommend the hiring of another person with whom they are “closely related.”

  F. The provisions of this section shall be prospective only with reference to appointments made after the adoption of this Policy.

  Adopted: April 10, 2019
  Legal Reference: 1C SBCCC 200.98

• Policy 3.1.7 - Salary Plan

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  The monthly and annual salaries or hourly rates of pay from state or county funds for full and part-time personnel shall be established by the President within a line item budget and as set forth in the College’s Salary Plan (“Plan”). The Plan will take into account provisions and criteria for salary determination, requirements for annual salary review and establishment of salary formulas, ranges or schedules.

  The President’s salary will be established in accordance with the state salary schedule. The Board of Trustees has the responsibility of setting and adjusting the county salary of the President. Any adjustment to the line item covering the President’s salary must, as is the case with all line items, meet the approval of the County Commissioners and the North Carolina Community College System.

  Salary increases shall not be granted except on July 1 of the fiscal year unless a position change necessitates such action or unless the State authorizes such action. Basic salary increments will be provided for all full-time employees based on guidelines established by the State Board of Community Colleges and the North Carolina General Assembly.

  Basic salary increments may be provided for all part-time employees each year based on premises similar to those outlined above; however, local autonomy shall be the procedure or philosophy under which such salaries are determined. Salary increments for part-time personnel will not necessarily match or follow those provided for full-time personnel.

  Adopted: April 10, 2019
  Legal Reference: 1C SBCCC 200.94, -400.94

• Policy 3.1.8 - Professional Development

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  The College recognizes that educational quality is dependent upon the availability of qualified and dedicated employees. The essential responsibility for professional growth and development rests with each individual employee; however, the College expects the involvement of all employees in appropriate professional growth activities.

  To promote personal and professional growth, the College provides opportunities for all full-time and permanent part-time employees to coordinate individual goals with supervisors and develop their own plan for professional development. The College makes available several programs designed to help employees meet their goals.

  The President may adopt procedures on the best use of College resources to provide quality professional development for employees.

  Adopted: April 10, 2019

• Procedure 3.1.8.1 - Professional Growth

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  All full-time and permanent part-time staff and faculty are required to participate in a minimum of fifteen (15) hours of professional development annually and will be responsible for keeping a record of such activities. The employee shall submit to his/her supervisor the annual report in February of each year and the report will be reviewed during the employee’s annual evaluation. For online and/or hybrid instructors, a minimum of five (5) hours of the annual fifteen (15) hours of professional development required must be topics related to online instruction. Annually, up to three (3) hours of service and/or civic engagement may be counted toward the employee’s professional development with the supervisor’s prior approval. Failure to comply with the minimum number of annual professional development hours could lead to employee discipline including, but not limited to, directives, actions plans or suspension/termination.

  Approval to take courses during normal work hours will be based on the relationship of the course to the job requirements of the employee and the needs of the institution. If an employee enrolls in a course and the course schedule overlaps the employee’s normal work schedule, the employee may be granted actual overlap up to three hours per week, educational leave with pay. The employee must arrange an alternate work schedule with the supervisor to the extent of the excess hours.

  Adopted: April 10, 2019

• Policy 3.1.9 - President – Hiring and Duties

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  I. President Selection Process

  A. When a presidential vacancy occurs or is anticipated, the Board shall notify the System President and invite the System President or the System President’s designee to meet with the board of trustees to discuss legal requirements and other procedural matters while also providing technical assistance to the Board as needed.

  B. In selecting the College’s President, the Board shall, at minimum, consider general input from College and community stakeholders on the desired attributes of a college’s president and evaluate more than one candidate for the position. The State Board may waive this requirement at the request of the Board if the State Board determines it is in the College’s interest to do so.

  C. The Board shall submit at least one candidate to the System President for review at least ten business days prior to the next regularly scheduled SBCC Personnel Committee meeting or at least ten business days prior to a special called SBCC Personnel Committee meeting.

  D. While completing the review process, the System President or the System President’s designee shall confirm that the Board completed a background check to include the following:

  1. Social security number verification,
  2. Criminal history check,
  3. Civil litigation history check,
  4. Education verification,
  5. Employment verification, and

  E. Upon completion of the review process, the System President shall present the name(s) of candidate(s) to the Personnel Committee of the SBCC for consideration and assessment.

  F. Following consideration and assessment of the candidate(s), the Personnel Committee of the SBCC or the SBCC shall authorize the System President to communicate the Personnel Committee’s or the SBCC’s assessment to the Board.

  G. The Board shall proceed with the final election process and submit the Board’s final election to the SBCC for approval. The Board shall submit its recommendation in writing to the System President at least five business days prior to the next meeting of the SBCC.

  H. The SBCC shall act upon the Board’s election at the SBCC’s regularly scheduled meeting following receipt of the Board’s election unless delayed for cause as determined by the SBCC.

  I. The System Office shall convey in writing to the chairman of the Board the SBCC’s action on the Board’s election. The action of the SBCC is final.

  J. Until the SBCC votes to approve the final candidate and communicates its approval to the College, the College may not publicly communicate or publicly confirm or deny the name of the final candidate submitted to the SBCC for approval.

  K. The College shall not execute a contract prior to SBCC action to approve the Board’s presidential election without a provision specifying that the effective date of the contract is subject to the SBCC’s approval of the presidential election.

  II. Contract

  The President shall receive a contract and the Board shall specify in the President’s contract the contractual term, salary, additional benefits, if any, and contract termination procedures.

  III. Duties

  The President is charged by the Board with full responsibility and authority for the College’s operation pursuant to state and federal statutes, policies, rules and regulations and the Board’s policies and procedures. The President shall be responsible for other duties as the Board may delegate and require.

  Adopted: April 10, 2019
  Amended: January 9, 2022
  Legal Reference: N.C.G.S. § 115D-20; 1C SBCCC 300.1

Part 3.2 - Leave and Benefits

• Policy 3.2.1 - Benefits

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  The College shall make available a comprehensive benefit package to all permanent full-time employees and other employees as required by law.

  The College reserves the right to amend or terminate any benefit plan at any time, or require or alter the amount of employee premium contributions. Master Plan contracts or documents will be maintained by the Director of Human Resources. In the event of a contradiction of information in communications such as memorandum, brochures, or summary plan documents, the contract or master plan document shall govern.

  Adopted: May 8, 2019

• Procedure 3.2.1.1 - Benefits Overview

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  College employees shall be afforded and offered the following benefits, based on the following
  classifications of employment:

  A. Full-Time Employees

  Full-time employees, including full-time employees serving in a probation period, will be afforded the following benefits:

  1. All applicable leave as specified in College Policy;

  2. Longevity Pay, with requisite years of experience.

  3. Teachers’ and State Employees’ Retirement System (“TSERS”) benefits. TSERS benefits include: retirement, long-term disability, short term disability, and life insurance;

  4. Participation in the North Carolina State Health Plan (in accordance with Staten Health Plan laws and guidelines with employer contribution); and

  5. Other optional benefits as specifically provided by the College or as may be
  required by State law.

  B. Full-Time, Temporary Employees

  1. All applicable leave as specified in College Policy; and

  2. Any full-time, temporary employee who is anticipated at the date of hire to work more than three (3) months during the academic year is considered a “full-time” employee and shall be offered health insurance in accordance with State Health Plan policies and guidelines.

  Adopted: May 8, 2019

• Procedure 3.2.1.2 - ACA Measurement Period

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  To comply with the Patient Protection and Affordable Care Act, the College outlines the following procedures to determine which employees are treated as full-time employees for purposes of shared responsibility provisions of § 4980H of the Internal Revenue Code regarding health insurance coverage.

  A. Ongoing Employees

  1. An “ongoing employee” is defined as an employee who has been employed for at least one complete standard measurement period.

  2. The Standard Measurement Period is a defined time period of not less than three (3) but not more than twelve (12) consecutive calendar months (as designated by the College). The Standard Measurement Period is eleven (11) consecutive calendar months beginning December 1st through October 31st of the following year.

  3. The Administrative Period is the time between the Standard Measurement Period and the Stability Period used to determine which ongoing employees are eligible for health coverage and open enrollment. The Administrative Period begins each November 1st through December 31st.

  4. The Stability Period is the period of time that allows employees who were determined to be “full-time” during the Standard Measurement Period to be treated as full-time employees for the purpose of an offer of health insurance coverage. The Stability Period will be January 1st through December 31st.

  B. New Employees

  1. A “new employee” is generally an employee who starts work in the middle of a Standard Measurement Period and would not have accumulated enough work history needed to complete a Standard Measurement Period. This “new employee” would be subject to an Initial Measurement Period.

  2. The Initial Measurement Period is the period of time not less than three (3), but not more than twelve (12), consecutive months. The Initial Measurement Period for each new employee will start on the new employee’s first day of employment and last through the end of twelve (12) consecutive months.

  3. The Administrative Period is the period of time from the end of the Initial Measurement Period through the end of the first calendar month beginning on or after the end of the Initial Measurement Period. The total length of this Administration Period will be one full month plus a partial month, depending on the end of employee’s Initial Measurement Period

  4. The Stability Period for such employees must be the same length as the Stability Period for ongoing employees. Therefore, the Stability Period for new employees will equal twelve (12) consecutive months beginning the first month after the Administrative Period. Once an employee, who has been employed for an Initial Measurement Period, has been employed for an entire Standard Measurement period, the employee must be reviewed for full-time status, beginning with that Standard Measurement Period, at the same time and under the same conditions as other ongoing employees. At this point, the “new employee” is now considered an “ongoing employee” and will have the same Standard Measurement Period as other “ongoing employees”.

  5. The Initial Measurement Period and the following Standard Measurement Period will most likely overlap. Creating two separate measurement periods will ensure that an employee has the opportunity to become eligible for health coverage depending on their working hours in either period.

  C. Eligibility

  An employee who is employed on average of at least thirty (30) hours of service per week or one-hundred thirty (130) hours of service per calendar month over the course of any measurement period described above is eligible for an offer of health insurance benefits.

  D. Compliance and Reliance

  In compliance with § 4980H of the Internal Revenue Code, the College utilizes a reasonable method consistent with Notices 2011-36, 2011-73, 2012-17 and 2012-58. As additional guidance is issued, the procedures will be amended to ensure continued compliance with the Affordable Care Act.

  Adopted: May 8, 2019
  Legal Reference: § 4980H of the Internal Revenue Code; Internal Revenue Service Notices
  2011-36, 2011-73, 2012-17, 2012-58

• Policy 3.2.2 - Longevity Pay

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  I. Upon completion of at least ten (10) years of total qualifying service with the College in a full-time, permanent position or part-time, permanent position (employed at least nine (9) months per year and for at least thirty (30) hours per week), an employee is eligible for Longevity Pay.

  II. Qualifying service is based on a month-for-month computation of employment with:

  A. An institution in the North Carolina Community College System or a school administrative unit regardless of the source of salary and including state, local or other paid employment.

  1. Employment for a full school year is equivalent to one full calendar year (credit for a partial year is given on a month-for-month basis).

  2. In no event will an employee earn more than a year of aggregate service credit in a twelve (12) month period.

  3. If an employee is in pay status for one-half (i.e., working, exhausting leave, workers’ compensation, or military leave) or more of the regularly scheduled workdays in a month, credit shall be given for the entire month.

  B. Departments, agencies, and institutions of the State of North Carolina (e.g., State Department of Administration, North Carolina Department of Revenue, University of North Carolina, North Carolina Community College System, State Department of Public Instruction).

  C. Other governmental units which are now agencies of the State of North Carolina (e.g., county highway maintenance forces, War Manpower Commission, the Judicial System).

  D. County agricultural extension service.

  E. Local mental health, public health, social services, or civil preparedness agencies in North Carolina, if such employment is subject to the State Personnel Act.

  F. Authorized military leave.

  1. Credit for military leave is granted only for persons who were employees of the State of North Carolina or other agencies listed in Section 2(a)-(e) herein who were granted leave without pay:

  a. for a period of involuntary service plus ninety (90) days or for a period of voluntary enlistment for up to four years, plus ninety (90) days, so long as they returned to employment in a covered agency within the ninety (90) days; or

  b. for a period of active duty for service, alerts, or required annual training while in the National Guard or in a military reserve program.

  2. Employees who enlist for more than four years or who re-enlist shall not be eligible for longevity consideration for military leave.

  3. Employees hospitalized for a service-connected disability or injury shall be granted additional leave without pay for the period of hospitalization plus ninety (90) days or for twelve (12) months, whichever is shorter. The hospitalization must commence before reinstatement into qualifying service for the provisions of this part to apply.

  III. Aggregate service to the State of North Carolina for the longevity pay plan does not include:

  A. Temporary service, that is, service by an employee who works in a temporary position, or who is working temporarily in the absence of a full-time regular employee on leave of absence.

  B. Periods of out-of-state employment with other states, schools, colleges or universities.

  C. Periods of employment with agencies of the federal government.

  D. Periods of military service other than those categories described above.

  E. Periods of employment for employers other than the State of North Carolina even though credit in the North Carolina Retirement System has been purchased for such employment.

  IV. Annual longevity pay amounts are based on the length of aggregate service to the State of North Carolina, community colleges, and public schools as designated herein and a percentage of the employee’s annual rate of pay on the date of eligibility.

  A. Longevity pay amounts are computed by multiplying the employee’s annual base salary rate as of the eligibility date by the appropriate percentage, rounded to the nearest dollar, in accordance with the following table:

  YEARS OF AGGREGATE STATE SERVICE LONGEVITY PAY RATE

  10 but less than 15 years 1.50 %

  15 but less than 20 years 2.25 %

  20 but less than 25 years 3.25 %

  25 or more years 4.50%

  B. Longevity pay is not considered a part of annual base or contract pay nor is it to be represented in personnel and payroll records as part of annual base salary. (Salary increases effective on the same date as longevity eligibility date shall be incorporated in the base pay before computing longevity).

  V. The payment of longevity pay to eligible employees is automatic. Payment shall be made in a lump sum subject to all statutory deductions, during the monthly pay period in which the employee has satisfied all eligibility requirements.

  A. Eligible employees on worker’s compensation leave shall receive longevity payment in the same manner as if they were working.

  B. If an employee retires, resigns, dies, or is otherwise separated on or after the date of becoming eligible for a longevity payment, the full payment shall be made to the employee or to the estate of the employee in the event of death.

  C. If on the effective date of these procedures, an employee has completed the qualifying length of service but is between eligibility dates, longevity payment will be made on the next longevity anniversary date.

  D. If the employee has worked part but not all of one year since qualifying for longevity payment, the employee shall receive a prorated payment in the event of: 1. separation from the College; or 2. change in employment status to temporary part-time or to a position not covered in the Policy.

  E. If an employee separates from the College and receives a partial longevity payment and is employed by another community college, school administrative unit, or state agency, the balance of the longevity payment shall be made upon completion of additional service totaling twelve (12) months for an employee having a 12-month period of employment or upon completion of a lesser term for a teacher other than a 12-month contract. The balance due is computed on the annual salary being paid at the completion of the requirement.

  F. If an eligible employee at the time of separation has a fraction of a year toward the next higher percentage rate, payment shall be based on the higher rate; however, the basic eligibility for longevity requirement must have been satisfied before this provision can apply.

  G. Leave without pay in excess of half the work days in a month (with the exception of authorized military leave and worker’s compensation leave) will delay the longevity anniversary date on a month-for-month basis.

  VI. Longevity pay shall be made from the same source of funds in the same prorated amounts from which the employee’s regular annual salary is paid (e.g., state, federal, local fund). The Trustees may provide longevity payments to employees from other than state allotted funds.

  VII. The President shall:

  A. Determine the quality of qualifying service and the longevity anniversary date for each eligible employee.

  B. Furnish to the State Board, on forms prescribed by NCCCS, data necessary for a determination of the cost of the longevity pay plan from state funds.

  VIII. The State President shall determine the total cost of the longevity pay plan from data submitted by each community college. The State President shall advise the State Board whether funds available for longevity pay are adequate. If funds are not adequate, the State President shall submit a budget revision to the State Budget Officer requesting additional funds from other available sources within State Aid.

  Adopted: May 8, 2019
  Amended: January 9, 2022
  Legal Reference: 1C SBCC 400.8

• Policy 3.2.3 - Leave

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  A. The College President shall be responsible for the administration of the leave program. The College’s Human Resources office shall maintain leave records for all employees. The College will retain leave records for all separated employees for a period of at least five (5) years from the date of separation or longer as determined by applicable law.

  B. The following types of leave are authorized for the College’s employees in accordance with state and federal law and these policies and procedures:

  Sick Leave

  Voluntary Shared Leave

  Annual Leave

  Family and Medical Leave

  Educational Leave

  Child Involvement Leave

  Civil Leave

  Military Leave

  Workers’ Comp Leave

  Bereavement Leave

  Bonus Leave

  Leave without Pay

  Adverse Weather

  Holidays

  C. Absences from work during scheduled working hours shall be charged to the employee’s appropriate leave account.

  D. If an employee is unable to report for work, the employee shall notify the supervisor of the anticipated absence or tardiness as soon as possible stating the reason and the anticipated length of absence.

  Adopted: May 8, 2019

• Policy 3.2.4 - Sick Leave

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  I. Amount Earned

  A. A full-time employee (including full-time probationary employee) working or on paid leave for one-half or more of the regularly scheduled workdays in any month shall earn eight (8) sick leave hours per month (ninety-six (96) sick leave hours per year for twelve (12) month employees).

  B. A permanent part-time employee (including a part-time probationary employee) shall earn sick leave on a pro rata basis if s/he works one half or more of the scheduled work days in as a month. The leave shall be computed on a percentage or total amount earned by a full-time employee.

  C. Unused sick leave may be used for credit towards retirement under the policies and regulations of the North Carolina Teachers’ and State Employees’ Retirement System.

  II. Advancement

  The College may advance sick leave not to exceed the amount of sick leave an employee can earn during the current fiscal year. Such sick leave advancement must be approved in advance by the President and will only be used in extraordinary situations.

  III. Verification

  The College may require a statement from a medical provider or other acceptable proof that the employee was unable to work for one of the accepted uses listed in Section IV.

  IV. Accepted Uses

  Sick leave may only be used for the following reasons:

  A. Illness or injury of the employee or the employee’s immediate family. For purposes of this Policy, “immediate family” means the employee’s spouse, parent, child, sibling, grandparent, or grandchild. This also includes all step, half, and in-law relationships;

  B. Bereavement Leave;

  C. Medical appointments for an employee or the employee’s immediate family;

  D. Quarantine due to a contagious disease in the employee’s immediate family living in the same house;

  E. The actual period of temporary disability due to childbearing and/or recovery therefrom or for the care of the mother or newborn during the mother’s temporary disability.

  V. Other Procedures

  A. Leave Charges

  All sick leave shall be taken in one half hour increments. Only scheduled work hours shall be charged in calculating the amount of sick leave taken. Saturdays and Sundays are charged only if they are scheduled workdays.

  Earned compensatory time must be used before using sick leave.

  B. Transfer of Leave

  An employee who transferred from a North Carolina public K-12 school, North Carolina community college, a UNC System University, or a state agency (“public employers”) to the College shall be credited with any sick leave which s/he had at the end of employment with the public employer provided that his/her employment
  was continuous.

  C. Separation

  When an employee separates from College employment, the College shall not pay the employee for any accrued, unused sick leave. Sick leave must first be exhausted before going on leave without pay or extended illness. While an employee is exhausting sick leave, s/he earns all benefits for which s/he is entitled.

  If an employee separates from College employment and is overdrawn on sick leave, the College shall make deductions from the employee’s final pay check. All deductions shall be made in one half hour increments. As consideration for providing sick leave, employees voluntarily agree to such deductions from their final pay check.

  D. Reinstatement of Sick Leave

  Employees separated from College employment for reasons unrelated to disciplinary reasons shall be credited with all accrued, unused sick leave at the time of their separation if reinstated within one year from the date of separation.

  E. Record keeping

  The College shall maintain annual records for sick leave earned and taken for each employee. The College shall retain all sick leave records of all separated employees for a period of at least five (5) years from the date of separation.

  Adopted: May 8, 2019

• Policy 3.2.5 - Annual Leave

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  I. Amount Earned

  Each full-time employee, eligible to earn annual leave, who is working or on paid leave for one-half or more of the workdays in any month earns annual leave. Employees shall earn annual leave rate at the following rate:

  Years of Total State Service	Hours Earned Each Month	Hours Granted Each Year	Days Granted Each Year
  Less than 2	7.83 hrs.	94	11.75
  2 but less than 5	9.17 hrs.	110	13.75
  5 but less than 10	11.17 hrs.	134	16.75
  10 but less than 15	13.17 hrs.	158	19.75
  15 but less than 20	15.17 hrs.	182	22.75
  20 or more	17.17 hrs.	206	25.75

  II. Maximum Accumulation

  Annual leave may be accumulated without any applicable maximum until June 30th of each fiscal year. On June 30th of each fiscal year, or upon separation of service, any employee with more than 240 hours of accumulated annual leave shall have the excess (i.e., the amount over 240 hours) converted to sick leave.

  III. Advancement

  A. Annual leave may be advanced by the President in an amount not to exceed what an employee can earn during the remainder of the fiscal year.

  B. For the first six (6) months of service, new employees can only earn annual leave as stipulated in Section I. Thereafter, an employee may be advanced the amount of leave s/he would earn during the remainder of the fiscal year.

  C. An employee desiring an advancement of annual leave must submit, in addition to the requested form, a statement of need outlining the circumstances which require use of as-yet-unearned annual leave. Each case will be assessed on its merits and considerations given as to the urgency of the request and the College’s business needs.

  IV. Accepted Uses

  The primary purpose of annual leave is to allow for employee vacations.

  Annual leave may also be requested for other periods of absence for personal reasons, absences due to adverse weather conditions and for personal illness or illnesses in the immediate family when the employee has exhausted sick leave. Annual leave must be exhausted before an employee goes on leave without pay, except in cases of the birth or adoption of a child as covered under Policy 3.2.13 – Family and Medical Leave Act.

  V. Other Procedures

  A. Scheduling Annual Leave

  Annual leave shall be taken only upon authorization of the employee’s supervisor, who shall designate such time or times when it will least interfere with the College’s efficient operation. Employees must request annual leave in advance. A supervisor may deny an employee’s request to use annual leave if the leave would otherwise hinder the efficient operation of the College or the employee has not provided reasonable notice of the request. Annual leave must be taken in units of thirty (30) minute increments.

  Only scheduled work hours shall be charged in calculating the amount of annual leave taken. Weekends and/or holidays are charged only if they are scheduled workdays.

  B. Separation from Employment

  1. Lump sum payment for annual leave is made only at the time of separation from employment. An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of two-hundred forty (240) hours when separated from employment from the College due to resignation, dismissal, reduction-in-force, death or service retirement. Employees retiring on disability retirement may exhaust leave rather than be paid in a lump sum.

  2. If an employee separates from employment and is overdrawn on annual leave, deductions will be made from the final salary check. It will be deducted in full hour units, i.e., a full hour for any part of an hour overdrawn. As consideration for providing annual leave, employees voluntarily agree to such deductions from their final pay check.

  3. Payment for annual leave will be made on the regular payroll, reflecting the number of days of leave and the amount of payment. Annual leave may be paid through the last full hour of unused leave.

  4. Retirement deductions shall be made from all annual leave payouts.

  5. The last day of work is the date of separation, except when an employee exhausts sick and annual leave before disability retirement.

  C. Transfer of Annual Leave For new employees, the College does not accept annual leave from other state agencies or local educational entities.

  D. Annual Leave Records The College shall maintain records for annual leave earned and taken for each employee. The College shall retain all annual leave records of all separated employees for a period of at least five years from the date of separation. It is the employee’s responsibility to report any discrepancy or problem with his/her annual leave balance to Human Resources. Adopted: May 8, 2019

• Policy 3.2.6 - Educational Leave

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  Educational leave refers to the release from duties or time normally required of a full-time employee in carrying out his/her full load of assigned responsibilities for the purpose of furthering the employee’s education. State funds may be used to pay employee salaries while they are on educational leave if the following criteria are fulfilled:

  A. The employee is employed full-time on a nine (9), ten (10), eleven (11), or twelve (12) month basis;

  B. The employee has been a full-time College employee for at least three (3) years; 1

  C. Any employee granted educational leave shall complete a promissory note and contract for the full amount of salary and benefits. The contract will include a provision that the employee will remain employed by the College for at least one year after the educational leave ends;

  D. An employee who fails to honor the contract shall be required to repay the full amount of salary and benefits expended for the educational leave. If the employee fulfills a portion of the contract but does not work the entire year after the educational leave, the employee shall be required to repay a pro-rata portion of the salary and benefits expended by the College for the educational leave.

  E. Educational leave will not exceed a period of one (1) semester during a fiscal year; The President is hereby authorized to develop procedures to implement this Policy.

  Adopted: May 8, 2019
  Legal Reference: 1C SBCCC 400.96

• Procedure 3.2.6.1 - Educational Leave

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  An employee may be granted Educational Leave with pay (“leave”) provided all of the following conditions are met:

  1. The employee has submitted the appropriate leave application.

  2. The employee is employed full-time on a 9, 10, 11, or 12-month basis and has been employed by the College for a minimum of three years.

  3. The leave does not exceed eighty (80) business days during the leave period in any twelve (12) month period.

  4. The President has approved the leave.

  5. The employee is under contract (full-time) to return to the College the full year following the leave.

  6. An employee pursuing course work toward an advanced degree must attend an accredited institution.

  7. The College’s needs must take priority over any employee’s requested work schedule adjustments. Depending on the employee’s request and any supervisory recommendations, the College may impose additional conditions as needed and based on the situation.

  8. Requests for the leave are considered on a first come, first serve basis. Multiple requests in the same department are considered individually based on impact to the work area. Prior to the leave being granted, the appropriate Vice President must ensure that the employee’s duties and responsibilities are to be adequately performed during the employee’s absence.

  9. An employee who fails to honor the contract and does not return to work after the leave shall be required to repay the full amount of salary and benefits expended for the educational leave. If the employee fulfills a portion of the contract but does not work the entire year after the leave, the employee shall be required to repay a pro rata portion of the salary and benefits expended by the College for the leave.

  10. Requests for leave must be submitted in a timely manner for planning purposes, preferably during the budgeting process or 180-days prior to the leave request.

  11. Employees may be considered for additional leave after completing two (2) consecutive years of employment subsequent to the completion of the prior leave.

  12. Employee shall provide verification of completion of course(s) taken (e.g., letters, certificates, transcripts, etc.).

  13. Requests which do not meet the criteria for leave may be addressed in Policy 3.2.16 – Leave Without Pay.

  Adopted: May 8, 2019

• Policy 3.2.7 - Civil Leave

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  For jury duty and other court attendance, it is the employee’s responsibility to inform his/her immediate supervisor when the duty is scheduled and the expected duration. Employees shall provide notice of the required jury or court appearance as soon as practical.

  I. Jury Duty

  All employees who serve on a jury are entitled to civil leave with pay plus fees received for jury duty. The employee should report back to work as soon as jury duty is completed. S/he must report back to work the day following completion of the duty. If jury duty occurs on a scheduled day off, s/he is not entitled to additional time off.

  II. Court Attendance

  When an employee attends court in his or her official capacity as a College employee, the employee is entitled to civil leave with pay. The employee is required to give any fees received as a witness while serving in an official capacity to the College. (If court is on a day that would normally be an off-day, the time is to be considered as working time and included in total hours worked per week). After the employee’s appearance in court is over, the employee must immediately return to work.

  If an employee is a party or subpoenaed to appear as a witness in a court matter where the employee’s appearance is not related to his/her College duties, the employee shall be allowed to take annual leave, compensatory leave or leave without pay for purpose of attending court.

  Employees sued in their official capacities (or individual capacities but engaging in activities within the course and scope of their duties) shall be granted civil leave with pay.

  Adopted: May 8, 2019
  Legal Reference: 1C SBCCC 200.94

• Policy 3.2.8 - Workers’ Compensation Leave and Benefits

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  I. Use of Leave due to Workers’ Compensation Injury

  When an employee suffers an accidental injury or contracts an occupational disease within the meaning of the North Carolina Workers’ Compensation Act (“Act”), the employee is entitled to benefits provided by the Act. The employee is entitled to medical benefits and compensation for time lost from work due to the injury. The Act does not entitle an employee to job protection due to a workers’ compensation injury.

  If an employee is not able to work because of the accident, the Act requires a seven (7) day waiting period before the employee is eligible for weekly benefits. After the seven (7) day waiting period has expired, if an employee is not able to work because of the accident, an employee qualifies for compensation under the Act at the rate of sixty-six and two-thirds percent (66-2/3%) of an employee’s average weekly wage, but no more than the amount established by the Act.

  If the injury results in disability of more than twenty-one (21) calendar days from the date of disability, the Act provides that compensation shall be allowed for the seven (7) day waiting period. At any time during the period of disability, an employee may use accrued leave in order to make up the difference between the compensation provided under the Act and their average weekly wage.

  II. Responsibility of Employer and Employee

  In accordance with N.C.G.S. 97-22, the employee or his/her representative must provide written notice of an accident to the employee’s supervisor as soon as possible. No compensation shall be payable unless such written notice is given within thirty (30) days after occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the North Carolina Industrial Commission (“Commission”) for not providing adequate notice and the Commission is satisfied that the employer has not been otherwise prejudiced by the delay.

  The College is required to report an employee injury to the Commission using I.C. Form No. 19. The injured employee is responsible for claiming compensation. A claim must be filed by the employee through the College with the Commission within two (2) years from the date of injury. Otherwise, the claim is barred by law.

  III. Continuation of Benefits

  A. Performance Increase. Upon reinstatement, an employee’s salary will be computed based on the last salary plus any legislative increases to which the employee is entitled.

  B. Annual and Sick Leave. While on workers’ compensation leave, an employee will continue to accumulate annual and sick leave to be credited to his/her account for use upon return.

  Accumulation of annual leave may in some cases exceed the 240-hour maximum as set forth in Policy 3.2.6. In those cases:

  1. The maximum to be carried forward to the next fiscal year may be exceeded by the amount of vacation accumulated while the employee is out of work due to their workers’ compensation injury. The excess may be used after returning to work or be added to the employee’s remaining balance of leave carried until the end of the fiscal year following a full year after the employee’s return to work, at which time the excess will be paid in a lump sum to the employee.

  2. If the employee separates during the period that excess annual leave is allowed, the excess annual leave to be paid in a lump sum may not exceed the amount accumulated during the first twelve (12) months of when the mployee is out of work and receiving workers’ compensation benefit.

  C. Health Insurance

  While an employee is out of work and receiving compensation under the Act, the employee is in pay status and will continue coverage under the state’s health insurance program.

  Adopted: May 8, 2019
  Legal Reference: N.C.G.S. Chapter 27 – Workers’ Compensation Act

• Policy 3.2.9 - Bonus Leave

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  The College may award bonus leave to full-time employees only when authorized by the General Assembly. The award of bonus leave may be prorated based on the months of employment the employee works.

  A. Scheduling Bonus Leave – Bonus leave may be used under the same circumstances as annual leave pursuant to Policy 3.2.6 and shall be taken only upon authorization of the appropriate Vice President. Based on the College’s staffing needs, an individual may be required to take bonus leave at a different time than the employee requested.

  B. Maximum Accumulation – There is no maximum accumulation of bonus leave.

  C. Transfer of Bonus Leave – Bonus leave may be transferred into the College from other state agencies or community colleges at the time of hire. Upon separation due to resignation, dismissal or a reduction-in-force, bonus leave is transferable to an employee’s account with another state agency or community college.

  D. Separation – Payment of Bonus Leave:

  1. Lump sum payment for bonus leave is made only at the time of separation from the College service due to resignation, dismissal, reduction-in-force, death or service retirement.

  2. Employees retiring on disability may exhaust bonus leave rather than be paid in a lump sum.

  3. Payment for bonus leave may be made on the regular payroll, reflecting the number of days of bonus leave and the amount of payment. Bonus leave may be paid through the last full hour of unused bonus leave. Overdrawn annual or sick leave amounts may be deducted from bonus leave prior to payment.

  Adopted: May 8, 2019

• Policy 3.2.10 - Adverse Weather / Emergency Closings

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  During situations such as natural disasters, emergencies and/or inclement weather, the President has the discretion to alter the College’s operating schedule as needed. The President shall take steps necessary to deal with the situation and notify College employees.

  A. Use of Leave

  1. If the President closes the College as a result of adverse weather or emergency, no employees will be required to take any leave. Essential employees (i.e., security, grounds, maintenance, etc.) who are required to work on closed days will be provided with comparable time-off at a later date with supervisor approval.

  2. If the College is open but the employee believes s/he cannot make it to the designated work site safely, the employee will be required to do one of the following:

  a. Make-up the time on a schedule approved by the employee’s immediate supervisor, if feasible;

  b. Take annual, bonus or compensatory leave; or

  c. Take leave without pay.

  Make-up time must be completed before the end of the fiscal year.

  Adopted: May 8, 2019

• Procedure 3.2.10.1 - Adverse Weather / Emergency Closings

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  Extreme weather conditions or other natural disasters or emergencies may require the College to cancel or delay classes in consideration of the safety of both student and employees. Weather conditions must be extreme before classes will be cancelled.

  The College will make every attempt to announce a decision to close or operate on a delayed schedule by no later than 7:00 a.m. (usually earlier), and by 2:00 p.m. for evening classes. If no announcement is made, classes will operate on a regular schedule. If the College is closed or delayed, the faculty and staff workday is also cancelled or delayed.

  1. The President will notify the Vice-Presidents and other appropriate College personnel of his/her decision and these staff in turn will notify the appropriate media of the decision.

  2. In the event the President is out-of-place or is not in a position to make a decision on inclement weather, it will be the responsibility of the Vice-Presidents to make a collaborative decision concerning the action to be taken. Should the President and one or more of the Vice-Presidents be out-of-place or not in a position to make a decision, then it will be the responsibility of the remaining Vice-Presidents to make the decision in a collaborative manner.

  3. The announcement will be published on the following television stations and their websites: myfox8.com, wfmynews2.com, wral.com and wsoctv.com.

  4. Any decision to delay or cancel will be available on the automated message of the main campus phone number (910-898-9600) and on the College’s website.

  5. A decision to close early will be implemented so that everyone gets the message as close to the same time as possible. No classes are to dismiss before receiving an official message. A decision to close means that faculty and staff may also leave after reasonably assuring all students in their charge have been released. Any exception to the early release of faculty and staff will be announced.

  6. There could be a distinction made between day and evening classes.

  Adopted: May 8, 2019

• Policy 3.2.11 - Voluntary Shared Leave

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  I. PURPOSE

  The Voluntary Shared Leave Program (“Program”) allows a College employee to voluntarily donate a portion of his/her leave to a fellow College employee who, due to that employee’s serious or prolonged medical condition or that employee’s immediate family member’s serious or prolonged medical condition, has exhausted all his/her bonus, annual, and sick leave and is being placed on leave-without-pay status.

  Based on the rules as contained herein, College employees may participate in the Program by:

  A. Donating annual, bonus or sick leave to an immediate family member in any State agency, public school or community;

  B. Donating annual or bonus leave to a coworker’s immediate family member who is an employee in a State agency or public school provided the employee and coworker both work at the College; and/or

  C. Donating annual, bonus or sick leave to a non-immediate family member employee at a North Carolina community college.

  II. DEFINITIONS

  A. Donor – the employee who donated leave.

  B. College Employee – a permanent or probationary full-time employee that accrues sick and annual leave.

  C. Immediate Family Member – a spouse, parent, child, brother, sister, grandparent or grandchild. The term also includes the step, half, foster and in-law relationship and dependent living in the employee’s household.

  D. Recipient – the employee or the employee’s immediate family who receives leave.

  E. Serious or Prolonged Medical Condition – a medical condition of an employee or his/her immediate family that will require his/her absence from duty for a period of at least twenty (20) consecutive workdays. If an employee has had previous random absences for the same condition that has caused excessive absences or if the employee has had a previous, but different serious or prolonged medical condition within the last twelve (12) months, the College may make an exception to the twenty (20) day period.

  III. LEAVE REASONS

  A. Qualifying Reasons

  To receive voluntary shared leave, a prospective recipient must have complied with existing leave rules and:

  1. Have a serious and prolonged medical condition (or a member of the employee’s immediate family has a medical condition that requires the employee’s absence for a prolonged period);

  2. Apply for or be nominated to become a recipient;

  3. Produce medical evidence to support the need for leave beyond the available accumulated leave; and

  4. Be approved by the President to participate in the Program.

  A College employee on maternity leave may be eligible to receive voluntary shared leave to cover the period of disability related to the pregnancy and/or birth as documented by a physician.

  B. Non-Qualifying Reasons

  A College employee who is receiving benefits from the Disability Income Plan of North Carolina (“DIPNC”) is not eligible to participate in the Program. Shared leave may be used during the required waiting period and following the waiting period provided DIPNC benefits have not begun.

  An employee on workers’ compensation leave who is drawing temporary total disability compensation may be eligible to participate in the voluntary shared leave program. Use of donated leave under the workers’ compensation program shall be limited to use with the supplemental leave schedule as described in 25 NCAC 01E .0707.

  This Policy does not apply to short-term or sporadic conditions or illnesses. This would include such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term, recurring medical or therapeutic treatments. These examples are illustrative, but not all inclusive. Each case, however, must be examined and decided based on its conformity to this Policy’s intent and must be handled consistently and equitably. Voluntary shared leave cannot be used for parental care of a newborn child absent a documented prolonged health condition.

  IV. APPLICATION FOR LEAVE

  A prospective recipient may apply or be nominated by a fellow employee to participate in the Program. The application may be in the form of a letter or statement to the President or to the Human Resources Department. The request must include a description of the medical condition, the estimated duration of the illness and, in most cases, a certification from a physician. After review of the current leave status and eligibility by the Director of
  Human Resources, the request will be presented to the President for approval.

  V. LEAVE CONTRIBUTION AND DONATION

  A. An employee may begin using voluntary shared leave after all available bonus, annual and sick leave has been exhausted. While using voluntary shared leave, employees continue to earn leave.

  B. The amount of voluntary shared leave a recipient may receive is one thousand forty (1,040) hours per year, either continuously or, if for the same condition, on a recurring basis. However, the President may grant continuation, on a month-to-month basis, to a maximum of two thousand eighty (2,080) hours, if the President would have otherwise granted leave without pay.

  C. A College employee donating sick leave to an immediate family member may donate up to one thousand forty (1,040) hours but may not reduce the donor’s sick leave account below forty (40) hours. Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave. The minimum amount of sick leave to be donated is four (4) hours.

  D. A College employee may donate up to five (5) days of sick leave to a non-immediate family member employee of a North Carolina community college. The combined total of sick leave donated to a recipient from non-immediate family member donors shall not exceed twenty (20) days per year. Donated sick leave shall not be used for retirement purposes. Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave. The minimum amount of sick leave to be donated is four (4) hours.

  E. The minimum amount of annual and/or bonus leave that may be donated per recipient is four (4) hours per year. The maximum amount of annual leave that may be donated:

  1. May not be more than the amount of the donor’s annual accrual rate; and

  2. May not reduce the donor’s annual leave balance below one-half of the yearly annual leave accrual rate.

  3. Bonus leave may be donated without regard to the above limitations on annual leave.

  F. All leave donated shall be credited to the recipient’s sick leave account and is available for use on a current basis or may be retroactive for up to sixty (60) calendar days to substitute for advanced vacation or sick leave already granted to the recipient or to substitute for leave without pay. Donated leave shall be applied to advanced leave before applying it to leave without pay.

  G. To donate voluntary shared leave, a donor must, at the time of donation:

  1. Be an active employee (not separated);

  2. Be in a position that earns leave; and

  3. Have sufficient leave balances.

  VI. UNUSED SHARED LEAVE

  A. End of Medical Condition

  Any unused leave at the expiration of the medical condition, as determined by the President, shall be treated as follows:

  1. The recipient’s sick leave account balance shall not exceed a total of forty (40) hours.

  2. Any additional unused donated leave shall be returned to donor(s) on a pro-rata basis and credited to the leave account from which it was donated.

  B. Separation from Service

  If a recipient separates from service due to resignation, death, or retirement, participation in the Program ends. Unused leave shall be returned to the donor(s) on a pro-rata basis and credited to the same account from which it was donated.

  C. Transfer

  If a recipient transfers to another North Carolina state agency, public education system or community college, unused voluntary shared leave shall be returned to the donor(s) on a pro-rata basis and credited to the same account from which it was donated.

  VII. CONFIDENTIALITY

  An employee’s medical information is confidential. When disclosing information on an approved recipient, only a statement that the recipient has a prolonged medical condition (or the family member) needs to be made. If the employee wishes to make the medical status public, the employee must sign a release to allow the status to be known.

  VIII. INTIMIDATION OR COERCION PROHIBITED

  An employee may not intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right which the employee may have with respect to donating, receiving, or using leave under this Program. Such action shall be grounds for disciplinary action, up to and including, dismissal.

  Adopted: May 8, 2019
  Legal Citation: G.S. 115D-25.3; 1 SBCC 200.94(c); 25 NCAC 01E.1301-.1307; 25; NCAC
  01E .0707; S.L. 2016-94, § 36.19

• Policy 3.2.12 - Family Medical Leave

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  I. OVERVIEW

  Pursuant to the Family and Medical Leave Act of 1993 (“FMLA”), any eligible employee may be granted up to a total of twelve (12), or in some cases twenty-six (26), weeks of unpaid, job-protected family and medical leave in any twelve (12) month period for one or more of the following reasons:

  A. For the birth of a child and to care for the child after birth, provided the leave is taken within a twelve (12) month period following birth;

  B. For the employee to care for a child placed with the employee for adoption or foster care, provided the leave is taken within a twelve (12) month period following adoption;

  C. For the employee to care for the employee’s child, spouse or parent, where that child, spouse or parent has a serious health condition;

  D. Because the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s position;

  E. Because of any qualifying exigency where the employee’s spouse, child of any age or parent is a military service member under a call or order to federal active duty in support of a contingency operation; or

  F. Because of the need to care for a family member or next of kin who has been injured while serving in the armed forces. For this provision, the amount of FMLA is up to twenty-six (26) weeks within a twelve (12) month period.

  II. DEFINITIONS

  The following definitions shall apply to this policy:

  A. “Eligible employee” means an employee who has been employed: (a) for at least twelve (12) months by the College; and (b) for at least one thousand two hundred fifty (1250) hours of service with the College during the previous twelve (12) month period.

  B. “Health care provider” means:

  1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State in which the doctor practices; or

  2. Any of the following individuals as long as they are authorized to practice medicine in the State and are performing within the scope of their practice as defined under state law:

  a. Podiatrist, dentist, clinical psychologist, optometrist, chiropractor, nurse practitioner, nurse-midwife and clinical social worker;

  b. A health care provider from whom the College’s group health plan’s benefit manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and

  c. A health care provider listed above who is authorized to practice in accordance with the laws of that country and who is performing within the scope of his/her practice as defined under those laws.

  3. “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:

  a. inpatient care in a hospital, hospice or residential medical care facility;

  b. a period of incapacity of more than three (3) consecutive days that also involves continuing treatment by a health care provider; continuing treatment means one in-person visit to a health care provider within the first seven (7) days of incapacity and either a second visit within the first thirty (30) days or a regimen of continuing treatment under the supervision of a health care provider;

  c. any period of incapacity due to pregnancy or for pre-natal care;

  d. chronic conditions requiring treatment;

  e. permanent/long-term conditions requiring supervision; or

  f. multiple treatments for non-chronic conditions.

  4. Family Definitions

  a. “Son or daughter” includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: (1) under eighteen (18) years of age; or (2) eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.

  b. “Spouse” means a partner joined in marriage recognized by the State of North Carolina or any other state, including common law marriages.

  c. “Parent” means the biological, step, adoptive or foster parent or an individual who stood in loco parentis to an employee when the employee was a child. This term does not include parents “in-law”.

  FMLA leave. All benefits accrue during any period of paid leave; however, no benefits or seniority will be accrued during a period of unpaid FMLA leave. Any use of paid leave runs concurrently with FMLA leave and counts toward the FMLA leave entitlement.

  Holidays occurring during an FMLA period of a full week count toward the FMLA leave entitlement. Holidays occurring in a partial week of FMLA do not count toward the FMLA leave entitlement unless the employee was scheduled to work on the holiday.

  B. Intermittent Leave or Reduced Work Schedule

  Under certain circumstances, FMLA leave may be taken intermittently or on a reduced leave schedule which reduces the regular workday or workweek. If the employee’s request for intermittent leave or leave on a reduced work schedule is foreseeable because of a planned medical treatment, the College may transfer the employee temporarily to another position for which the employee is qualified and which better accommodates recurring periods of leave. The alternative position must have equivalent pay and benefits. There is no limit on the size of an increment of leave when intermittent or reduced leave is taken. The College may limit leave increments to the shortest period of time that the payroll system uses to account for absences or leave, provided it is one (1) hour or less. An employee may not be required to take more FMLA leave than necessary to address the circumstances that precipitated the need for the leave.

  C. Notices

  1. Notice to Employer

  In all instances where the employee is required to provide the College notice of requested FMLA leave, the employee shall inform the Human Resources office and his/her immediate supervisor. It is the responsibility of the employee to explain the reasons for FMLA leave in sufficient detail as to allow the College to determine that the leave qualifies under the FMLA. If the employee fails to adequately explain or document FMLA qualifying reasons for the leave after a request by the College, leave may be denied. Where the necessity for FMLA leave for the birth or placement of a child is foreseeable, the employee shall notify the College at least thirty (30) days
  before the date the leave is to begin or the employee’s intention to take such leave. In other cases, the employee shall provide such notice as soon as practicable. For foreseeable leave where it is not possible to give as much as thirty (30) days’ notice, “as soon as practicable” means at least verbal notification within one (1) or two (2) business days of when the need for leave becomes known to the employee. An employee shall provide at least verbal notice sufficient to make the College aware that the employee needs FMLA leave and the anticipated timing and duration of the leave. The College may also require an employee to comply with the College’s usual and customary notice and procedural requirements for requesting leave. If the employee fails to give timely advanced notice when the need for FMLA leave is foreseeable, the College may delay the taking of FMLA leave until
  thirty (30) days after the date the employee provides notice to the College of the need for FMLA leave. An employee may not be entitled to FMLA leave if he or she fails to provide adequate notice of the leave and certification of the medical condition as provided within this policy and the law.

  2. Notice to Employee

  Within five (5) business days of the employee notifying the College of the need for FMLA leave, the College shall give the employee a written notice detailing the specific rights, expectations and obligations of the employee on FMLA leave. The College shall use the U.S. Department of Labor model notice form. Within five (5) business days after receiving sufficient information to determine whether the need for leave is FMLA qualifying, the College shall give the employee notice that informs the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. The College shall use the U.S. Department of Labor model designation form.

  D. Medical Certification

  Any request for FMLA leave for a serious health condition shall be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse or parent of the employee as appropriate. Such medical certification should be attached to the employee’s request for FMLA leave, or in the case of unforeseen leave, generally within two (2) business days after the leave begins. In the case of foreseeable leave, the College may delay the taking of FMLA leave to an employee who fails to provide timely certification after being requested by the College to furnish such certification (within fifteen (15) calendar days, if practicable) until the required certification is provided. In the case of unforeseeable leave, if the employee does not provide the medical certification within a reasonable time under the pertinent circumstance, the College may delay the continuation of
  FMLA leave. If the employee never produces the required medical certification, or if the certification does not confirm the existence of a serious health condition as defined under FMLA, then the leave is not FMLA leave. In any case in which the College has reason to question the appropriateness of the leave or its duration, the College may request certification at some later date. If the College has reason to doubt the validity of the certification provided, the College may require, at its expense, that the eligible employee obtain the opinion of a second (or third) health care provider. Second and third opinions are not permitted for the military caregiver leave.

  If the College deems a medical certification to be incomplete or insufficient, the College must specify in writing what information is lacking and give the employee seven (7) calendar days to cure the deficiency.

  The College may not ask for re-certification any more frequently than every thirty (30) days. If the initial certification is for more than thirty (30) days, the College must wait for the initial leave period set forth in the certification to run before asking for re-certification. Re-certification may only be required when employees are taking leave for their own serious health conditions. Under the qualified exigency leave, the College may not request re-certification of the covered service member’s active duty or call to active duty orders. Also, re-certification is not permitted for the military caregiver leave.

  The College’s representative contacting the health care provider must be a health care provider, human resource professional, a leave administrator, or a management official, but in no case may it be the employee’s direct supervisor. Further, the College may not ask health care providers for additional information beyond that required by the medical certification form.

  E. Confidentiality

  All records and documents relating to medical certifications, re-certification or medical histories of an employee or an employee’s family members shall be maintained in a separate medical file from the employee’s personnel file and shall be treated as confidential medical records in accordance with the Americans with Disabilities Act of 1990 (“ADA”).

  F. Fitness-for-Duty/Notice of Intent to Return to Work

  The College may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. The College shall require that the employee provide reasonable notice within two (2) business days, where foreseeable, of a change in circumstances or duration of FMLA leave. As a condition of restoration for any employee who has taken FMLA leave for the employee’s own serious health condition (except for intermittent leave), the College shall require each such employee obtain (at the employee’s expense) and present certification from the employee’s health care provider, with regard to the particular health condition that caused the employee’s need for FMLA leave, that the employee is able to resume work, if such certification is job-related and consistent with business necessity. The College may delay restoration to employment until an employee submits a required fitness-for-duty certification. Unless the employee provides either a fitness-for-duty certification or a new medical certification for a serious health condition at the time FMLA leave is concluded, the employee may
  be terminated.

  G. Restoration to Work

  Except as provided under “Exemption” below, any eligible employee who takes approved FMLA leave shall be entitled upon return from such leave:

  1. To be restored by the College to the same position of employment held by the employee when the leave commenced; or

  2. To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

  If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the College will review such situations on a case-by-case basis under the ADA.

  Exemption:

  If the employee is a salaried FMLA-eligible employee who is among the highest paid ten percent (10%) of all College employees (i.e., a “key employee”), the College may deny restoration of such employee if the denial is necessary to prevent substantial and grievous economic injury to the operations of the College, and after
  notification to the employee to that effect, the employee elects not to return to employment.

  Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, an employee is not entitled to the accrual of any seniority or employment benefits during unpaid FMLA leave.

  H. Group Health Coverage

  The College shall maintain the employee’s coverage under any group health plan (as defined in the FMLA regulations) on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire FMLA leave period. However, the College may recover the premium that it paid for maintaining such group health plan coverage for the employee under certain circumstances set forth in the Notice provided to employees when they request FMLA leave. The College’s obligation to maintain health insurance coverage ceases under FMLA if an employee’s premium payment is more than thirty (30) days late, after the College has provided written notice to the employee, mailed at least fifteen (15) days before coverage is to cease, that the payment has not been received.

  I. Miscellaneous

  An employee’s entitlement to benefits other than group health benefits during a period of FMLA leave shall be determined by the College’s policy regarding benefits for other types of leave (paid or unpaid, as appropriate). Maintenance of health insurance policies that are not a part of the College’s group health plan (where no contributions are made by the College) is the sole responsibility of the employee.

  The College shall not interfere with an eligible employee’s rights under the FMLA, shall not discharge or otherwise discriminate against employees who exercise such rights, and shall not retaliate against employees who file, initiate or otherwise assist in charges or investigations against the College.

  J. Posting and Requirements

  The Director of Human Resources or designee shall ensure that notices of FMLA provisions and information on procedures for filing complaints are posted in places that are readily accessible to employees and applicants.

  Adopted: May 8, 2019
  Legal Reference: Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; Family and Medical Leave Act of 1993, 29 U.S.C. 2601, et seq., 29 C.F.R. pt. 825

• Policy 3.2.13 - Child Involvement Leave

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  A. Purpose – The purpose of child involvement leave is to promote employees’ involvement in the education of youth and to promote employees’ assistance to schools. Full-time employees may take leave under this policy to:

  1. Meet with a teacher or administrator of any elementary school, middle school, high school or child care program authorized to operate under the laws of the state of North Carolina concerning the employee’s children, step-children or children over whom the employee has custody. For purposes of this policy, “school” means any:
  (i) public school; (ii) private church school, church of religious charter or nonpublic school described in Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes that regularly provides a course of grade school instruction; (iii) preschool; and (iv) child care facility as defined in N.C.G.S. 110-86(3).

  2. Attend any function sponsored by the school or child care program as defined above in which the children, step-children, or children over whom the employee has custody are participating. This provision shall only be utilized in conjunction with non-athletic programs that are a part of or a supplement to the school’s or daycare’s
  academic or artistic program.

  3. To perform, by any employee, without regard to parental status, school-approved volunteer work approved by a teacher, school administrator, or program administrator.

  B. Amount of Leave

  1. Employees, including new employees, may take up to four (4) hours of unpaid leave each calendar year regardless of the number of children. The four (4) hours of leave will be credited to employees on July 1 of each year.

  2. For each leave period requested, leave shall be taken in units of no less than one (1) hour and in quarter hour increments thereafter.

  C. Approval of Leave

  1. Employees must receive approval from their immediate supervisor to use this leave. The College may require acceptable proof that leave taken is within the purpose of this policy and a forty-eight (48) hour advanced notice.

  2. The College will endeavor to grant the leave as requested by the employee but, based on the College’s needs, the leave may need to be taken at a different time.

  3. Leave not taken in a fiscal year in which it is earned will be forfeited.

  Adopted: May 8, 2019
  Legal Reference: N.C.G.S. 95-28.3

• Policy 3.2.14 - Military Leave

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  Pursuant to federal and state law, military leave shall be granted to College employees for certain periods of service in the uniformed services.

  A. Military Leave with pay shall be granted to members of the uniformed services of the U.S. Armed Forces for certain periods of active duty training and for State military duty. Such leave shall be granted to full-time, part-time, regular, provisional, trainee, and probationary employees for up to one hundred twenty
  (120) working hours per federal fiscal year (Oct. 1 – Sept. 30) for any type of active duty not considered to be “Extended Active Duty”.

  B. Leave with Pay for Reserve Active Duty. Members of the uniformed services reserve components who are called to “Involuntary Active Duty” shall receive up to thirty (30) calendar days of leave with pay. After the thirty (30) day period, members shall receive differential pay for any period of involuntary service. This pay shall be the difference between military basic pay and the employee’s annual College salary, if military pay is the lesser.

  C. Retention and Continuation of Benefits During Leave with and without Pay. Retention and/or continuation of benefits are dependent upon the type and duration of leave granted and is determined on an individual basis.

  D. Additional Leave Requirements. Members of the uniformed services are granted leave with pay for infrequent special activities in the interest of the State when so ordered by the Governor or his/her authorized representative. Members shall be granted leave with pay for active State duty for periods not exceeding thirty (30) consecutive calendar days; for periods in excess of thirty (30) calendar days, employees shall be entitled to military leave with differential pay.

  E. Military Leave without pay shall be granted for the following periods:

  1. Regularly scheduled unit assemblies usually occurring on weekends and referred to as “drills”;
  2. Duties resulting from disciplinary actions imposed by military authorities;
  3. Unscheduled or incidental military activities such as volunteer work at military facilities, unofficial military activities, etc.;
  4. Inactive duty training, “drills” performed for the convenience of the member, such as equivalent training, split unit assemblies, make-up drills, etc.;
  5. Extended active duty for a period not to exceed five (5) years;
  6. Full time National Guard duty (usually a three (3) year contract);
  7. Initial active duty for training (initial enlistment); and/or
  8. Certain periods of incapacity in a medical facility resulting from injuries sustained while on active or inactive duty.

  F. Reinstatement/Reemployment from Military Duty. Members of the uniformed services shall have reinstatement/reemployment rights as defined by prevailing law and/or guidelines established by Federal and State law.

  No agent or employee of the College shall discriminate against any College employee or applicant for employment because of their membership, application for membership, performance of service, application for service, or obligation for service in the Uniformed Services. The President is authorized to develop procedures consistent with this policy.

  Adopted: May 8, 2019
  Amended: January 9, 2022
  Legal Reference: Uniformed Services and Reemployment Act of 1994; N.C.G.S. 127A-116; and 25 NCAC 01E.0802; 1C SBCCC 400.7

• Policy 3.2.15 - Bereavement Leave

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  All employees shall be granted up to three (3) days for bereavement leave for the death of an
  immediate family member. For purposes of this Policy, “immediate family member” means the
  employee’s spouse, parent, child, sibling, grandparent and grandchild. This also includes all step,
  half and in-law relationships.

  Any leave taken beyond the three (3) days must be charged to annual, sick, or leave without pay.
  An employee should notify his/her immediate supervisor when a death in the immediate family
  occurs. If leave is taken beyond the three (3) days of bereavement leave, the employee and
  supervisor must ensure that the employee’s job duties are adequately covered.

  Adopted: May 8, 2019

• Policy 3.2.16 - Leave Without Pay

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  Leave without pay may be granted to an employee for educational purposes which will better equip
  the employee for the performance of his/her duties and responsibilities, to do special work for the
  federal government in cases of emergency or when the College is to profit by the experience gained
  or the work performed, for vacation purposes, for reasons specified in College policy, or for other
  reasons deemed justified by the appropriate Vice President and the President or otherwise required
  by law.

  I. Maximum Amount

  Leave without pay normally shall not exceed twelve (12) months. Any exception to this
  should be agreed upon by the appropriate Vice President and the President. For military
  leave without pay, see Policy 3.2.15 – Military Leave.

  II. Employee Responsibility

  The employee shall apply in writing to his or her supervisor for leave without pay at least
  two (2) weeks prior to such leave. The employee is obligated to return to duty within or at
  the end of the time granted. If the employee finds s/he will not return to work, the employee
  must notify the College immediately. Failure to report to work at the expiration of a leave
  without pay, unless an extension has been requested, shall be treated as a resignation.

  III. College Responsibility

  The decision to grant leave without pay is an administrative one for which the Vice
  President and President must assume full responsibility. Factors to consider are workload,
  need for filling employee’s job, chances of employee’s returning to duty and chances of the
  College’s ability to reinstate employee to a position of similar status and pay. If it is
  necessary to fill a position vacant by leave without pay or if it is necessary to terminate an
  employee on leave without pay, the position may be filled by a temporary or permanent
  appointment provided the employee on leave without pay is notified of such action
  immediately.

  IV. Retention of Benefits

  While on leave without pay, the employee shall retain all accumulated annual leave and
  sick leave and time earned towards salary increments; however, the employee ceases to
  earn any additional sick or annual leave on the date leave without pay begins except in
  cases where an employee is receiving worker’s compensation benefits. The employee also
  ceases to earn time toward salary increments except while on military leave, educational
  leave or while receiving worker’s compensation benefits.

  V. Payment for Non-Workdays – Short Periods of Leave without Pay

  A short period of leave without pay is a period of not more than 10 workdays. An employee
  on leave without pay for a short period is entitled to be paid for non-workdays (weekends and holidays), if they are scheduled to work that day and only when he or she is in pay
  status at least half the day immediately preceding or following the non-workdays.

  Adopted: May 8, 2019

• Policy 3.2.17 - Holidays

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  The College shall designate and observe certain days each year as holidays. All eligible employees
  will be given a day off with pay for each holiday as stated herein.

  A. The President shall cause to be published the schedule of holidays to be observed
  before July 1st each year for the next academic year. A holiday that occurs on a
  Saturday or Sunday generally will be observed by the College on either the
  preceding Friday or following Monday. The holiday schedule shall not exceed
  twelve (12) paid holidays per academic year.

  B. An eligible employee is an employee who:

  1. Is in pay status through the day on which the holiday is scheduled; or

  2. On a leave of absence without pay but was in pay status for half or more of
  the workdays in the month.

  C. The College recognizes that some eligible employees may wish to observe, as
  periods of worship or commemoration, certain days that are not included in the
  College’s regular holiday schedule. In such cases, eligible employees may take
  other earned leave for those reasons if it does not unduly disrupt the College’s
  business and is approved by the employee’s immediate supervisor.

  D. The College retains the right to schedule work on a holiday for some or all eligible
  employees should it become necessary and critical to the College’s operation. In
  such cases, the employee will be given the time-off at another time on a hour-for-hour basis unless the Fair Labor and Standards Act stipulates otherwise. For
  purposes of this Policy, a holiday is a total of eight (8) hours.

  E. In the event the College must establish an alternative operational schedule, an
  alternative holiday schedule may be developed in keeping with the College’s
  operational needs provided that all employees are given the same number of
  holidays and the holidays do not exceed twelve (12) days. The alternative holiday
  schedule must be approved by the President prior to any observed holidays.

  F. When a holiday falls during a week in which an employee is taking FMLA leave
  for the entire week, the entire week is counted toward the employee’s FMLA
  entitlement. However, if the employee is also using accrued paid leave during
  FMLA leave, the employee will not be charged accrued leave on the holiday. If
  the College closes for an extended holiday lasting a week or more while an
  employee is taking FMLA leave, the extended holiday does not count against the
  employee’s FMLA leave entitlement.

  Legal Citation: 1C SBCCC 200.94(a)(d)
  Adopted: May 8, 2019

• Policy 3.2.18 - Making-up Cancelled Classes (cross reference Policy 4.1.9)

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  College classes that are missed or not held for any reason, including inclement weather, natural disasters or other emergencies, should be rescheduled or the instruction should be made-up by some other alternative. Alternatives include: extra class sessions, extended class sessions, individual conferences or others approved by the Vice President of Instruction.

  The Vice President of Instruction will schedule make-up days whenever the College is closed beyond four (4) days/evenings due to inclement weather, natural disasters or other emergencies. Instructors will be responsible for making-up instruction by an approved alternative for the first four (4) days.

  Instructors who miss class because of educational leave, College business, illness, or other personal emergencies shall make arrangements for class instruction with their appropriate supervisor. Instruction should be made up by an approved alternative.

  Instruction made-up by an approved alternative for reasons of inclement weather, natural disasters, or other emergencies, illness, personal emergency leave, or educational leave assignments, must be approved by the Vice President of Instruction (or designee) and documented on the instructors’ Class Attendance Report to be turned in at the end of the term. Instruction should be made up at a time convenient to the majority of students. No punitive action may be taken against students who are unable to attend make up sessions for legitimate reasons. Students enrolled in dual-enrollment/innovative high school programs shall be excused from classes and offered appropriate alternative assignments when public schools are not in session.

  All Continuing Education classes will be rescheduled and documented on the Class Attendance Report. Classes should be made up when convenient to the majority of students. There are no approved alternative methods to make up Continuing Education classes.

  Adopted: May 8, 2019

Part 3.3 - Conduct, Evaluation, Discipline, Termination and Grievance

• Policy 3.3.1 - Personnel Files

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  The Director of Human Resources, or designee, shall maintain all employees’ personnel files. The
  College shall maintain, in individual personnel files, only those records which are required or
  necessary and relevant to accomplish legitimate personnel administrative needs.

  I. PUBLIC INFORMATION

  The following information on each college employee is public information and shall be
  open for inspection:

  A. Name;
  B. Age;
  C. Date of original employment or appointment;
  D. The terms of any contract by which the employee is employed whether written or
  oral, past and current, to the extent that the board has the written contract or a record
  of the oral contract in its possession;
  E. Current position;
  F. Title;
  G. Current salary (includes pay, benefits, incentives, bonuses, deferred compensation
  and all other forms of compensation);
  H. Date and amount of each increase or decrease in salary with the College;
  I. Date and type of each promotion, demotion, transfer, suspension, dismissal, or
  other change in position or classification with the College;
  J. Date and general description of the reasons for each promotion with the College;
  K. Date and type of each dismissal, suspension, or demotion for disciplinary reasons.
  If the disciplinary action resulted in a grievance filed with the Board of Trustees,
  written notice of the Boards final decision setting forth the specific acts or
  omissions that are the basis of the dismissal; and
  L. The office or station to which the employee is currently assigned.

  Any person, including College personnel, may have access to the information listed above
  for the purpose of inspection, examination and copying during regular business hours
  Monday through Friday. Access to personnel files may be arranged by contacting the
  Director of Human Resources for an appointment. If an individual desires to have a
  reproduced copy of the information, the College may require a reasonable duplication fee.
  All College personnel shall be entitled to one (1) free copy of their personnel file.

  II. CONFIDENTIAL INFORMATION

  All information other than the information listed in Section I is confidential and shall not
  be open for inspection and examination except to the following persons:
  A. The employee, applicant for employment, former employee, or his/her properly
  authorized agent, who may examine his/her own personnel file at all reasonable
  times in its entirety except for letters of reference solicited prior to employment;
  B. The President, other supervisory personnel and legal counsel for the President;
  C. The Board of Trustees and the Board’s attorney;

  D. A party by authority of a subpoena or proper court order may inspect and examine
  a particular, confidential portion of an employee’s personnel file;
  E. An official of any agency of the state or federal government, or any political
  subdivision of the state, may inspect any portion of a personnel file when such
  information is deemed by the College to be necessary and essential to the pursuance
  of a proper function of the inspecting agency, but no information shall be divulged
  for the purposes of assisting in a criminal prosecution nor for purposes of assisting
  in a tax investigation.
  F. The President may, in consulting, or at the direction with the Board of Trustees,
  inform any person or corporation of any promotion, demotion, suspension,
  reinstatement, transfer, separation, dismissal, employment or non-employment of
  any applicant, employee or former employee and the reasons for such action and
  may allow the personnel file of the person or any portion to be released or inspected
  to any person or corporation provided that the Board of Trustees has determined
  that the release of the information is essential to maintaining the integrity of the
  Board of Trustees or to maintaining the level or quality of services provided by the
  College. Prior to releasing the information or making the file or any portion
  available to a person or corporation pursuant to this subsection, the President shall
  prepare a memorandum setting forth the circumstances which s/he and the Board
  deem to require the disclosure and the information to be disclosed. The
  memorandum shall be retained in the files of the President and shall be a public
  record.

  Each individual requesting access to confidential personnel information will be
  required to submit satisfactory proof of identity.

  III. OBJECTING TO RECORDS IN PERSONNEL FILE

  An employee, former employee or applicant for employment who objects to materials in
  his/her personnel file may place in the file a statement relating to the materials the
  employee considers to be inaccurate or misleading. An individual may seek the removal
  of material(s) from his/her file through Policy 3.3.8 – Grievance.

  IV. MEDICAL AND IMMIGRATION INFORMATION

  Pursuant to the Americans with Disabilities Act, all medical information, including
  workers’ compensation history and requests for reasonable accommodation for a disability,
  medical insurance information and medical documentation for FMLA and other types of
  leaves related to an employee’s medical condition shall be kept separate from an
  employee’s personnel file and shall be disclosed only as follows:

  A. To supervisors who may be told only about work restrictions for an applicant or
  employee;
  B. To first aid and safety officials where emergency treatment might be required; and
  C. To government officials charged with enforcement of disability law.

  All I-9 and other immigration status records shall be kept in a separate file not included
  within an employee’s personnel file.

  Adopted: June 12, 2019
  Legal Reference: N.C.G.S. 115D-27 through -28

   

• Policy 3.3.2 - Evaluations

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  All College employees must be evaluated annually. Performance appraisals should be conducted in a congenial, non-threatening environment and are conducted for the purpose of providing feedback to individuals to facilitate their improvement and/or to recognize excellence.

  I. PRESIDENT EVALUATION

  Annually, the Board shall collect data directly from the President’s direct reports for the Board’s use in the annual performance review of the President. Once data from the direct reports has been collected, the Board shall conduct an evaluation of the President. At a minimum, the evaluation shall include the following categories:

  A. General Administration
  B. Relationship
  1. Internal relationships with faculty, staff, students and trustees.
  2. External relationships with business and industry, the media, governmental
  bodies and the general public.
  C. Personal Attributes
  D. Personnel Administration
  E. Fiscal and Facilities Administration
  F. Academic Administration
  Results of the President’s evaluation shall be discussed during the Board’s annual retreat, and be presented to the President at the next scheduled meeting of the Board of Trustees. A copy of the evaluation shall be placed in the President’s personnel file.

  Prior to June 30th each year, the Board shall submit, in writing, to the State Board a report of the President’s evaluation with the following information:

  A. The time period for which the President was evaluated and the date the evaluation was completed;
  B. Description of the methodology used for the evaluation;
  C. Certification that the evaluation included a written assessment of the President’s performance in each of the categories identified in Section I(A)-(F) herein;
  D. Certification that the full Board discussed the evaluation results and the results were discussed with the President; and
  E. Certification that appropriate action has been taken if the President’s performance is less than satisfactory in any of the categories identified in the evaluation.

  II. INSTRUCTIONAL EMPLOYEES

  A. NON-CONTINUING EDUCATION INSTRUCTORS

  All instructors (full or part-time) shall be observed by the Vice President of Instruction or designee each academic year. All part-time curriculum instructors will be observed at least one (1) time during the semester by the appropriate supervisor. All instructors will be evaluated by the students they teach at the end of each semester (summer excluded). Observations and evaluations of full-time instructors will be included in an annual performance evaluation conducted in March by the appropriate supervisor. Student evaluations of part-time curriculum instructors will be reviewed with the instructor by the appropriate supervisor. A copy of each instructor’s annual performance evaluation will be placed in the employee’s personnel file in the Business Office.

  B. CONTINUING EDUCATION INSTRUCTORS

  All full-time and permanent part-time instructors will be observed in the classroom setting annually by the Dean of Continuing Education or appropriate program supervisor. Class visits will be made on a regular basis pursuant to Procedure 4.1.2.1 – Continuing Education Accountability Plan, which may include instructor evaluation.

  New part-time instructors in Adult Basic Skills and Occupational Extension classes will be observed at least once during the contract period. Observations and evaluations for full-time instructors will be included in an annual performance review conducted by the Dean of Continuing Education or immediate supervisor. Proper documentation of instructor evaluations will be maintained and filed by the Dean of Continuing Education. A copy of each evaluation will be placed in the employee’s personnel file in the Business Office.

  III. NON-INSTRUCTIONAL EMPLOYEES

  All College non-instructional employees must be evaluated annually. Performance appraisals should be conducted in a congenial, non-threatening environment and are conducted for the purpose of providing feedback to individuals to facilitate their improvement and/or to recognize excellence.

  The results of the individual performance appraisal will be shared with the employee by the person conducting the evaluation no later than March 31st, and those results will be placed in the employee’s personnel file held in the College Business Office.

  Adopted: June 12, 2019
  Legal Reference: 1C SBCC 300.2

• Policy 3.3.3 - Code of Employee Conduct

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  All College employees shall adhere to the following Code of Conduct. Failure to adhere to the Code of Conduct may subject the employee to disciplinary action, suspension or dismissal as outlined in Policy 3.3.4 – Employee Disciplinary Action, Suspension and Dismissal or, for cases of unlawful discrimination or harassment, Policy 3.3.7 – Discrimination and Harassment. Employees may be disciplined for conduct that occurs outside of work if such conduct brings disrepute to the employee or College or negatively affects the employee’s ability to perform his or her job.

  All employees shall:

  1. Comply with all statutes, regulations and Board of Trustee policies.
  2. Direct all complaints regarding the work environment to the appropriate supervisors and/or file grievances instead of acting to undermine or diminish the authority of co-workers and supervisors.
  3. Avoid confrontations with co-workers or students, including but not limited to, engaging in actions or conversations which the employee knows or should know will result in an actual disruption.
  4. Comply with all administrative directives in a timely and professional manner, including written directives regarding specific issues or behaviors.
  5. Perform all assigned and/or accepted extracurricular and non-instructional duties in a timely and professional manner.
  6. Participate in and complete any professional development activities required by the College.
  7. Attend and participate in all required staff meetings and other required meetings.
  8. Complete and transmit all required reports and other documentation in a timely and professional manner.
  9. Dress appropriately for job duties and in accordance with Montgomery Community College policy and supervisor’s directives.
  10. Arrive to work on time.
  11. Maintain a courteous and professional attitude when working with other staff members, students and visitors.
  12. Exercise proper care and maintenance of College property.
  13. Avoid conflicts of interest.

  The following are examples of professional and personal conduct that may serve as grounds for disciplinary action, including suspension, demotion or termination. This list is illustrative and not all-inclusive.

  I. Performance of Duties

  1. Inadequate performance and/or failure to perform duties.
  2. Physical or mental incapability for performing duties.
  3. Improper use of College property or equipment.
  4. Failure to maintain satisfactory and harmonious working relationship with the
  public and/or employees.

  5. Improper use of leave.
  6. Failure to report for duty at the assigned time and place.
  7. Failure to obtain or maintain a current license, certificate or credential required by law as a condition for employment.
  8. Refusal to accept a reasonable and proper assignment from an authorized
  supervisor.

  II. Personal Conduct

  1. Gross misconduct, immorality and/or lascivious behavior that has a negative impact on the College and/or on the employee’s ability to perform their job.
  2. Conviction, arrest, indictment or charge that: (i) poses a threat to the physical safety of students or personnel; (ii) demonstrates that the employee does not have the integrity or honesty to fulfill his or her employment duties with the College; and/or\ (iii) creates a substantial disruption to the ordinary operation of the College.
  3. Improper use, misappropriation and/or theft of College property (including College funds).
  4. Falsified job information or omitting material information in order to secure employment with the College.
  5. Participation in any action that would in any way seriously disrupt or disturb the College’s normal operations.
  6. Trespassing at any trustee or employee’s home for the purpose of harassing or forcing dialogue or discussion from the occupants.
  7. Willful damage or destruction of College property.
  8. Willful acts that would endanger the lives and property of others.
  9. Possession of unauthorized firearms or lethal weapons on the College’s property.
  10. Refusal to accept a reasonable and proper assignment from an authorized supervisor.
  11. Reporting to work under the influence of alcohol or an illegal or unauthorized controlled substance or partaking of such items while on the campus.
  12. Acceptance of gifts in exchange for favors or influences related to the College.
  13. Disclosing confidential information from official records to an unauthorized person or entity.
  14. Engaging in employment or activities that constitute a conflict of interest to the College.
  15. Taking part in political management or political campaigns prohibited by law.
  16. Any form of unlawful discrimination or harassment.
  17. Deliberately or willfully making false, misleading or ambiguous statements in connection with any official College business, official records or about College employees or students.
  18. Violent acts, threats of violence (direct or implied), stalking, or physical intimidation towards College employees or students.
  19. Violating the College’s technology acceptable use policies and procedures.
  20. Violations of College policies and procedures.

  III. Employee and Student Relationships

  Romantic or sexual relationships between College employees and students are prohibited if (a) the employee and the student have an academic relationship; (b) if the student is still enrolled in high school; or (c) the student is under the age of eighteen. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the student, as in a classroom or lab, or is a sponsor for any College activity involving the student, including work-study or organizational/club/sport activities. This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships will be subject to disciplinary action up to and including termination of employment.

  Romantic or sexual relationships between College employees and students that do not violate the above provision but that otherwise impair the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment or expulsion from the College.

  Adopted: June 12, 2019
  Amended: January 9, 2022

• Procedure 3.3.3.1 - Arrests and Convictions

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  Employees shall notify their immediate supervisor if they are convicted, arrested, indicted or charged (including citations) for any offense other than a minor traffic offense (e.g. parking, speeding). Notice must be in writing and provide all relevant facts regarding the arrest, conviction, indictment or charge. Notice must be provided within one (1) business day of the conviction, arrest, indictment or charge. Employees shall also inform their supervisor of the disposition of any arrest, indictment, or citation.

  For purposes of these procedures, a “conviction” means the entry in a court of law or military tribunal of (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict of guilty; or (3) a prayer for judgment continued or a deferred prosecution.

  Employees may be disciplined, up to and including termination, if the conviction, arrest, indictment or charge: (i) poses a threat to the physical safety of students or personnel; (ii) demonstrates that the employee does not have the integrity or honesty to fulfill his or her employment duties with the College; and/or (iii) creates a substantial disruption to the ordinary operation of the College.

  Adopted: June 12, 2019

• Policy 3.3.4 - Disciplinary Action, Suspension and Dismissal

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  All disciplinary action is intended to be progressive in nature. However, the type of disciplinary action will be based on the factual situation as well as the nature, severity and type of offense. If warranted by the facts and situation, even for first time offenses, administrators/supervisors may recommend dismissal.

  Except as stated elsewhere in the policy, employees shall receive two (2) warnings for minor performance or conduct issues: first, an oral warning with a follow-up letter from the supervisor to the employee documenting the deficiencies in performance or conduct which were discussed and the improvement(s) required; second, a written warning/reprimand which will serve notice upon the employee that a continuation of the deficiencies in performance or conduct may result in disciplinary action which may include dismissal.

  I. WARNINGS

  A. Verbal Warnings with Follow-Up Letter

  1. The employee’s supervisor shall meet with the employee and review with the employee exactly what is expected of him/her and explain to the employee how s/he has not met the College’s expectations.

  2. The supervisor shall provide the employee an opportunity to explain his/her actions.

  3. The supervisor shall make recommendations for corrections and establish a reasonable period of time for the employee to correct the issues.

  4. The supervisor shall provide the employee a letter regarding the oral warning and the College’s expectations. A copy of the letter, and all subsequent letters, shall be included in the employee’s personnel file.

  B. Written Warnings

  After giving a verbal warning and allowing for the established period of time to correct the issues outlined in the supervisor’s follow-up letter to the employee, if the employee has not corrected the issues, the supervisor shall meet with the employee for the purpose of delivering a written warning. The written warning shall further document the continued issues and shall state that if the employee does not immediately correct the issues, the employee may be subject to additional disciplinary action which could include dismissal. Before issuing to the employee the written warning, the President, Human Resources, and any intermediate superior/supervisor shall review the contents of the letter. A copy of the written warning, and all subsequent letters, shall also be included in the employee’s personnel file.

  C. Serious Misconduct

  For serious misconduct, as determined by the President, an employee may be subject to termination or other disciplinary action without first receiving oral or written warnings.

  II. SUSPENSION

  Suspensions may be used in two ways: as an independent discipline action or in conjunction with an investigation and dismissal proceedings.

  A. Independent Discipline Action

  1. If a supervisor determines that an employee’s actions warrant suspension, the supervisor shall prepare and provide a written report, with a summary supporting that determination, to the appropriate Vice President and Human Resources. The Vice President shall review the report and provide his/her written recommendation to the President.

  2. The President shall determine whether or not to suspend an employee with or without pay. The President may make such determination without a recommendation from a supervisor and/or Vice President. The President may choose other disciplinary action as well.

  3. The President shall meet with the employee and give the employee an opportunity to be heard. After hearing from the employee, the President shall make a determination regarding the suspension, whether it shall be paid or unpaid and the length of the suspension. The President or the employee’s supervisor shall inform the employee of the President’s determination. The President shall prepare a follow-up written statement providing the circumstances and facts which led to the suspension. A copy of the letter shall be included in the employee’s personnel file. In cases where the employee’s continued presence on campus is not in the College’s
  best interest or a health or safety issue, the President may immediately suspend the employee with pay. Prior to changing any paid suspension to unpaid suspension, the President shall meet with the employee and provide the employee with an opportunity to be heard.

  4. When an employee is suspended, s/he shall leave the College property at once and is not allowed to return until the end of the suspension unless authorized by the President.

  5. Failure of the employee to report back to work when requested, or at the suspension expiration date, will be considered a voluntary resignation of his/her employment and any subsequent reinstatement or re-employment shall be on the basis of new employment.

  B. Suspension to Allow for an Investigation

  The President may suspend an employee, with pay, for up to ninety (90) days while conducting his/her investigation as to whether or not the employee engaged in conduct that would warrant dismissal or other disciplinary action. At the end of the ninety (90) day period, the President shall dismiss the employee, reinstate the employee or implement another disciplinary action. For good cause, the President may extend the ninety (90) day suspension period.

  III. DISMISSAL

  A. At Will Employees

  1. If a supervisor determines that an employee’s actions warrant dismissal, the supervisor shall prepare and provide a written report, with a summary supporting that determination, to the appropriate Vice President who shall, after meeting and consulting with the supervisor and Human Resources, provide the written report to the President. The President may decide to terminate an employee without a recommendation from the immediate
  supervisor or appropriate Vice President.

  2. If necessary, the President may suspend the employee pursuant to Section II (B). After reviewing the written report, the President shall either dismiss the matter or meet with the employee and provide the employee with an opportunity to be heard. If, after the meeting, the President decides to dismiss the employee, the President shall provide the employee with written notice of dismissal. The notice shall be included in the employee’s personnel file.

  3. An employee may appeal the President’s decision to impose suspension without pay and/or dismissal to the Board of Trustees pursuant to Policy 3.3.6; however, the suspension or dismissal shall not be tolled pending the appeal. The employee’s only basis for appeal is if the President’s actions were based on Impermissible Grounds (as defined in Policy 3.3.5) in violation of state or federal law or if the actions were based on the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation or status as a covered veteran in accordance with all applicable federal, state and local laws.

  B. Contract Employees

  1. If a supervisor determines that an employee’s actions warrant dismissal, the supervisor shall prepare and provide a written report, with a summary supporting that determination, to the appropriate Vice President who shall, after meeting and consulting with the supervisor and Human Resources, provide the written report to the President. If necessary, the President shall suspend the employee pursuant to Section II (B). The President or designee may further investigate the alleged conduct.

  2. At the conclusion of his/her investigation and after review of the written report, the President shall either dismiss the matter or meet with the employee and present him/her with a written notice of charges and provide the employee with an opportunity to respond. If, after the written notice of charges meeting, the President decides to dismiss the employee, the President shall provide the employee with written notice that the employee is being dismissed and the reasons for the dismissal. The notice shall be included in the employee’s personnel file.

  3. For serious misconduct, the President may skip any of the procedures in Subsection 1 herein and immediately meet with the employee and provide a written notice of charges.

  Legal Reference:
  Adopted: June 12, 2019
  Amended: January 9, 2022

• Policy 3.3.5 - Contract Nonrenewal and Resignations

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  I. DEFINITIONS

  1. Non-renewal means the decision not to offer a new contract at the end of the current contract period.

  2. Impermissible Grounds means the use of the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation, or status as a covered veteran in accordance with all applicable federal, state and local laws; or if the decision is otherwise a violation of state or federal law.

  II. NON-RENEWAL PROCESS

  At least twenty (20) business days prior to the end of the contract period, the President or designee will notify, via hand-delivery, certified mail and/or campus email, any employee who will not be offered a new employment contract. The College may non-renew the employee’s contract for any reason that is not based on Impermissible Grounds. The failure of the College to provide notice of non-renewal prior to the expiration of any contract does
  not entitle the employee to a new contract.

  If an employee continues working beyond the term of any contract and the College and employee have not entered into a new or extended contract, the employee shall become an at-will employee and the College or employee may terminate the employment relationship at any time subject to any state or federal laws.

  III. RESIGNATIONS

  Any employee who does not wish to be nominated for re-employment should notify the appropriate Vice President in writing at least thirty (30) calendar days prior to the expiration of the current contract.

  In cases where, in lieu of disciplinary action and dismissal, the employee tries to unilaterally resign, the President may not accept the resignation and continue with the disciplinary and dismissal process.

  Adopted: June 12, 2019

• Policy 3.3.6 - Right of Appeal

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  I. Right of Appeal

  A. In case of suspension without pay or dismissal pursuant to Policy 3.3.4, Non-renewal based on Impermissible Grounds pursuant to Policy 3.3.5, discrimination and harassment pursuant to Policy 3.3.7, or reduction in force pursuant to Policy 3.3.9, an employee has a right to appeal the President’s decision and must do so within ten (10) business days of the action taken.

  a. Appeals must be submitted in writing to the President, who shall forward the appeal to the chair of the Board of Trustees.
  b. The employee must articulate the grounds for the appeal in the notice.
  c. Further, the employee shall state in the notice whether the employee has or is\ seeking legal counsel for the appeal. Should the employee decide to retain legal counsel s/he shall notify the President three (3) business days prior to any hearing. Failure to provide notification shall be automatic grounds for a continuance of the hearing if so desired by the College.
  d. The employee’s only basis for appeal is if the President’s actions were impermissible based on a violation of state or federal law, College policy or if the actions were based on the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation or status as a covered veteran in accordance with all applicable federal, state and local laws.
  e. Upon receipt of all information, the President will immediately forward documentation to the Chair of the Board of Trustees.

  B. No later than ten (10) business days from the President’s receipt of the employee’s written appeal, unless mutually agreed by the parties, the Chair of the Board of Trustees shall forward the complaint to the College’s legal counsel.

  C. No later than ten (10) business days from receipt of the appeal, the College’s legal counsel shall conduct a review/hearing (See Review Procedure) of the complaint and the College’s response.

  D. No later than ten (10) business days from the review/hearing, the College’s legal counsel shall provide the Chair of Board of Trustees with his/her written recommendation to uphold, reject or modify the President’s decision.

  E. At the next regularly scheduled Board of Trustees meeting, The Board Chair shall notify the full Board of Trustees of the legal counsel’s recommendation. The Board of Trustees will discuss the recommendation in closed session, then in open session, vote to uphold, reverse or modify the President’s decision. The Board of Trustees
  decision is final.

  The final decision of the Board of Trustees shall be included in the employee’s personnel file. If the employee is reinstated, s/he shall receive all lost wages from the date of the suspension without pay and/or dismissal unless otherwise decided by the Board of Trustees.

  II. Review/Hearing Procedure

  A. The review shall be conducted with only the College attorney, the employee, the President and other appropriate College administrators, Board members, and relevant witnesses. The employee and the President may also be represented by legal counsel. If an employee chooses to have counsel, the employee is responsible for retaining and paying for those services.

  B. Strict rules of evidence or procedure do not apply to appeals. The Board attorney may consider any and all evidence that s/he determines to be fair and reliable.

  C. The burden is on the employee to demonstrate that the President’s determination was based a violation of state or federal law or that the actions were based on the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation or status as a covered veteran in accordance with all applicable federal, state and local laws.

  D. At least five (5) business days prior to the review, the parties shall exchange all documentary evidence that the parties plan on using. The President shall be responsible to assemble all the documents and to make each party a packet for the review. The packet must contain the following in this order: a) a copy of these Procedures; b) a copy of the President’s written determination that is being appealed; c) a copy of the employee’s request for appeal; d) the President’s documents for the review, if any; and e) the employee’s documents for the review, if any.

  F. The review may include a hearing if deemed necessary by the College’s legal counsel or Chair of the Board of Trustees. If a hearing is held, the following process for presenting information shall be followed.

  a. The hearing shall begin with the President’s presentation of evidence. The President’s presentation of evidence is limited to one (1) hour unless extended by the College’s attorney. The President, or his/her legal counsel, shall present and examine his/her witnesses and present evidence. The Colleges attorney will have an opportunity to question the witnesses and review the submitted evidence. The employee may cross-examine the President’s witnesses and the time used by the employee to cross-examine witnesses shall not count against the President’s one (1) hour of time.
  b. At the conclusion of the President’s presentation of evidence, the employee will present his/her evidence. The employee’s presentation of evidence is limited to one (1) hour unless extended by the College’s attorney. The employee, or his/her legal counsel, shall present and examine his/her witnesses and present evidence. The College’s attorney and Trustees will have an opportunity to question the witnesses and review the submitted evidence. The President may cross-examine the employee’s witnesses and the time used by the President to cross examine witnesses shall not count against the employee’s one (1) hour of time.
  c. At the conclusion of the employee’s presentation of evidence, the President will be given five (5) minutes to present a closing statement. Following the President’s closing statement, the employee shall be given five (5) minutes to present a closing statement.
  d. At the conclusion of the review, the College’s legal counsel will deliberate and will inform the Board of Trustees, in writing, of his/her recommendation to uphold, reverse or modify the President’s decision no later than ten (10) business days from the date of review.

  G. At the next regularly scheduled Board of Trustees meeting, The Board Chair shall notify the full Board of Trustees of the legal counsel’s recommendation. The Board of Trustees will discuss the recommendation in closed session, then in open session, vote to uphold, reverse or modify the President’s decision. The Board of Trustees decision is final.

  H. In the event that more time is necessary for the College’s legal counsel to conduct his/her investigation and/or the Board to review the matter, the Board Chair may extend all deadlines as necessary.

  Adopted: June 12, 2019

• Policy 3.3.7 - Discrimination and Harassment (cross reference Policy 5.3.4)

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  The College is fully committed to providing a learning and work environment that is free from prohibited discrimination. The College does not practice or condone discrimination based on race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration in any of its academic programs and employment practices.

  For issues related to sexual and gender harassment, discrimination and violence, Title IX Sexual Harassment see Procedures 3.3.7.1 – Sexual Harassment and Sexual Violence.

  For issues related to all other types of unlawful discrimination and harassment, see Procedures 3.3.7.2 – Unlawful Discrimination and Harassment.

  Adopted: June 12, 2019
  Amended: January 9, 2022
  Cross Reference: Policy 5.3.4
  Legal Reference: Title VI and Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act of 1990; Section 504 of the Rehabilitations Act of 1973; The Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Title II of the Genetic Information Nondiscrimination Act of 2008; Title IX of the Higher Education Amendments of 1972; Lily Ledbetter Act; NC Equal Employment Practices Act; NC Retaliatory Employment Discrimination Act; Jeanne Clery Disclosure Act of Campus Security Policy and Campus Statistic Act of 1990; Campus Sexual Assault Victim’s Bill of Rights of 1992; Violence Against Women Act of 1994; Campus Sexual Violence Elimination Act of 2013.

• Procedure 3.3.7.1 - Sexual Harassment and Sexual Violence (cross reference Policy 5.3.4)

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  The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its activities, services and programs based on sex, gender and gender identity.

  Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex or gender in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex or gender also includes sexual harassment, stalking, dating and domestic violence, or sexual violence, such as rape, sexual assault, sexual battery, sexual coercion. The College’s Title IX Coordinator has oversight responsibility for handling Sexual Misconduct complaints and for identifying and addressing any patterns and/or systemic problems involving Sexual Misconduct. All allegations involving Sexual Misconduct should be directed to the College’s Title IX Coordinator or, in the case of actions solely between employees, the College’s Director of Human Resources. If the alleged incident involves both an employee and a student, the Title IX Coordinator shall take the lead but shall work cooperatively with the Director of Human Resources.

  I. DEFINITIONS

  The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Sexual Misconduct”.

  The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

  In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

  A. Confidential Employee – is not a Responsible Employee and is not required to report incidents of Sexual Misconduct to the College’s Title IX Coordinator if confidentiality is requested by the student. Campus counselors are considered Confidential Employees. If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before s/he speaks to him/her.

  B. Consent – explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent has not been obtained in situations where the individual: i) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.

  C. Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.

  D. Domestic Violence – crimes of violence against a current or former spouse or intimate partner, a person with whom the student shares a child in common, a person with whom the student cohabitates or has cohabitated as a spouse, a person similarly situated to the student as a spouse, a person who is related to the student as a parent, child or person who is related to the student as a grandparent or grandchild.

  E. Rape – as stipulated by the Federal Bureau of Investigation’s (FBI) updated definition in the UCR Summary Reporting System means the 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.

  This definition includes any sex of victim or Perpetrator. Sexual penetration means the 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. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.

  F. Responsible Employee – a College employee who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX Coordinator or other appropriate designee; or who a student reasonably believes has this authority or duty. The College’s Responsible Employees include all College administrators (Deans, Directors, Coordinators and Vice Presidents). If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before s/he speaks to him/her.

  G. Sexual Assault – subjecting any person to contact or behavior of a sexual nature or for the purposes of sexual gratification without the person’s expressed and explicit consent.

  H. Sexual or Gender-Based Harassment – unwelcome sexual advances, requests for sexual favors and other verbal, physical, or electronic conduct of a sexual nature that, from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment; involve verbal, physical, or electronic conduct based on a person’s sex, gender, or sex-stereotyping that, from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment, even if those acts do not involve conduct of a sexual nature; or include harassment for displaying what is perceived as a stereotypical characteristic for one’s sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex, gender, gender identity, or gender expression of the person(s) involved.

  I. Stalking – engaging in a course of conduct directed to a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress by placing that person in fear of death, bodily injury or continued harassment.

  J. Standard of Evidence – the College uses clear and convincing standard as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.

  II. REPORTING

  A. Reporting to Local Law Enforcement.

  Individuals may report Sexual Misconduct directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue College disciplinary action simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether Sexual Misconduct has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must take interim measures when necessary to protect the alleged Complainant and/or the College community.

  Individuals may choose not to report alleged Sexual Misconduct to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if required or warranted by the nature of the allegations.

  B. Reporting to College Officials.

  1. Students Complaints.

  The College’s Title IX Coordinator oversees compliance with these Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to Sexual Misconduct may do so by reporting the concern to the College’s Title IX Coordinator.

  The Title IX Coordinator for Students is:
  Mrs. Morgan Elkins, Counselor

  For Sexual Misconduct incidents between students and employees, the Title IX Coordinator will work in partnership with the Director of Human Resources to investigate and resolve the allegations.

  2. Employee Complaints.

  All reports of Sexual Misconduct incidents solely between employees
  should be reported to the Director of Human Resources.

  The Title IX Coordinator for Employees is:
  Mrs. Amy Goodwin, Human Resources Director

  III. INITIAL INVESTIGATION

  As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Title IX Coordinator (student/student); 2) the Director of Human Resources (employee/employee); or 3) both (student/employee). For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable.

  A. Student Investigation.

  1. Students filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Title IX Coordinator shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources. During the course of the investigation, the Title IX Coordinator may consult with other relevant College administrators and the College Attorney.

  2. During the investigation, the Title IX Coordinator shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Title IX Coordinator of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

  3. During the investigation process, the Title IX Coordinator may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include, but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved parties.

  4. A confidential file regarding the complaint shall be maintained by the Title IX Coordinator. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.

  5. The Title IX Coordinator shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Title IX Coordinator may have an additional ten (10) calendar days to complete the investigation. The Title IX Coordinator shall notify the parties of this extension.

  6. Upon making the complaint, Complainants will be immediately notified that they have the right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining and protective orders. Complainants will also be notified of available counseling services and their options of changing academic situations and other interim protective measures.

  B. Employee Investigations.

  1. Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Director of Human Resources shall fully investigate any complaints. During the course of the investigation, the Director of Human Resources may consult with other relevant College administrators and the College Attorney.

  2. During the investigation, the Director of Human Resources shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Director of Human Resources of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

  3. During the investigation process, the Director of Human Resources may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The Director of Human Resources may suspend an employee with pay pending an investigation if such action is in the College’s best interest.

  4. A confidential file regarding the complaint shall be maintained by the Director of Human Resources. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.

  5. The Director of Human Resources shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Director of Human Resources may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.

  6. Upon making the complaint, Complainants will be immediately notified that they have the right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining and protective orders. Complainants will also be notified of available counseling services and other interim protective measures.

  IV. RECOMMENDATION AND APPEAL

  A. Students.

  1. After the investigation is complete, the Title IX Coordinator will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions, if warranted. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective. The Title IX Coordinator will submit to each party a final outcome letter that will include, but not limited to, the following:

  a. Determination if the Respondent is responsible or not responsible for violating these Procedures.
  b. Sanctions, if appropriate.
  c. Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Title IX Coordinator will assist in this process).
  d. Short-term College counseling services available to each party.

  2. If the Title IX Coordinator’s recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Title IX Coordinator recommends sanctions that s/he cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:

  a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
  b. Written notice including the date, time, and location of the hearing will be sent to all parties.
  c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
  d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
  e. Both parties have a right to a written notice of the hearing outcome.

  B. Employees.

  1. After the investigation is complete, the Director of Human Resources will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions, if warranted. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following:

  a. Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.
  b. Sanctions, if appropriate.
  c. Monitoring of academic schedules or workplace schedule if needed.
  d. Short-term counseling services will be offered to each party.

  2. If the Director of Human Resources’ recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Director of Human Resources recommends sanctions that s/he cannot impose (i.e., termination) the matter will automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:

  a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
  b. Written notice including the date, time, and location of the hearing will be sent to all parties.
  c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
  d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
  e. Both parties have a right to a written notice of the hearing outcome.

  C. Sanctioning.

  The following sanctions may be imposed for those who have violated these Procedures.

  1. Students

  a. Verbal or Written Warning
  b. Probation
  c. Administrative withdrawal from a course without refund
  d. Required Counseling
  e. No Contact Directive
  f. Suspension
  g. Expulsion (President must impose)
  h. Other consequences deemed appropriate

  2. Employees

  a. Verbal or Written Warning
  b. Performance Improvement Plan
  c. Required Counseling
  d. Required Training or Education
  e. Demotion (President may impose)
  f. Suspend with or without Pay (President must impose)
  g. Termination (President must impose)
  h. Other consequences deemed appropriate to the specific violation

  V. PROTECTION AGAINST RETALIATION

  The College will not in any way retaliate against an individual who makes a report of Sexual Misconduct in good faith or who assists in an investigation. Retaliation includes, but is not limited to: any form of intimidation, disciplinary action, reprisal or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate action against any employee or student found to have retaliated against another in violation of these procedures.

  VI. PROVIDING FALSE INFORMATION

  Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Sexual Misconduct.

  VII. LIMITED IMMUNITY

  The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear that they themselves may be accused of various policy violations. It is in the best interest of this College that as many Complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers Sexual Misconduct Complainants and witnesses amnesty from minor policy violations.

  VIII. EMPLOYEE AND STUDENT RELATIONSHIPS

  Romantic or sexual relationships between College employees and students are prohibited if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the student, as in a classroom or lab, or is a sponsor for any College activity involving the student, including work study or organizational/club/sport activities. This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships will be subject to disciplinary action up to and including termination of employment. Students engaging in inappropriate relationships may be subject to disciplinary action up to and including expulsion.

  Romantic or sexual relationships between College employees and students not in an academic relationship that impairs the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment or expulsion from the College.

  IX. SUSPENDING PROCEDURES

  In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.

  X. STUDENT AND EMPLOYEE EDUCATION AND ANNUAL TRAINING

  All new students and all employees shall be required to participate in a primary prevention and awareness program that promotes awareness of Sexual Misconduct. This program will be held annually at the beginning of each fall semester.

  At this annual training, students and employees must receive training in the following areas:

  A. Information about safe and positive options for bystander intervention skills;
  B. What “consent” means with reference to sexual activities;
  C. Risk reduction programs so students recognize and can avoid abusive behaviors or potential attacks;
  D. How and to whom to report an incident regarding discrimination, harassment and sexual based violence;
  E. The importance of preserving physical evidence in a sexual-based violent crime; and
  F. Options about the involvement of law enforcement and campus authorities, including the alleged victim’s option to: i) notify law enforcement; ii) being assisted by campus authorities in notifying law enforcement; iii) declining to notify law enforcement; and iv) obtaining “no-contact” or restraining orders.

  Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online in the College’s website and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator’s office and the Director of Human Resources’ office. Other translations will be made available upon request.

  Adopted: June 12, 2019
  Cross Reference Procedure 5.3.4.1
  Legal Reference: Office for Civil Rights, Q&A on Campus Sexual Misconduct (September 2017); Office for Civil Rights, Dear Colleague Letter on Sexual Harassment
  (Jan. 25, 2006); Office for Civil Right Office for Civil Rights, Revised Sexual Harassment Guidance (66 Fed. Reg. 5512, Jan. 19, 2001)

• Procedure 3.3.7.2 - Unlawful Discrimination and Harassment

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  The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its activities, services and programs based on race, color, national origin, religion, sex, gender identity, sexual orientation,, disability, genetic information, age, political affiliation or veterans’ status.

  I. DEFINITIONS

  The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Unlawful Discrimination”.

  The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a person’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

  In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

  A. Discrimination: any act or failure to act that unreasonably differentiates treatment of others based solely on their Protected Status and is sufficiently serious, based on the perspective of a reasonable person, to unreasonably interfere with or limit the ability of that individual to participate in, access or benefit from the College’s programs and activities. Discrimination may be intentional or unintentional.

  B. Harassment: a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the College’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidated or abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the College’s programs and activities. Harassment may include but is not limited to: threatening or intimidating conduct directed at another because of the individual’s Protected Status; ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected Status.

  C. Protected Status: race, color, national origin, religion, sex, gender identity, sexual orientation, disability, genetic information, age, political affiliation or veterans’ status.

  D. Standard of Evidence1 – the College uses the clear and convincing as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.

  II. STATEMENTS OF PROHIBITION

  A. Prohibition of Retaliation.

  The College strictly prohibits punishing students or employees for asserting their rights to be free from Unlawful Discrimination. Retaliation against any person participating in connection with a complaint of Unlawful Discrimination is strictly prohibited. Reports of retaliation will be addressed through this procedure and/or other applicable College procedures. Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figures or peers, reprisal (acts of vengeance) or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate disciplinary action against any employee or student found to have retaliated against another.

  B. Prohibition of Providing False Information.

  Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Unlawful Discrimination.

  III. REQUESTING ACCOMMODATIONS

  A. Students.

  Students with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Student
  Services located in Blair Hall. Information provided by students is voluntary and strict confidentiality is maintained. All requests for accommodations will be considered following the appropriate federal and state laws.

  The College will also provide reasonable accommodation of a student’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other students and employees and/or the accommodation does not cause an undue hardship for the College.

  B. Employees.

  Employees with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Human
  Resources located in Blair Hall. Information provided by employees is voluntary and strict confidentiality is maintained.

  The College will also provide reasonable accommodation of an employee’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other employees and students and/or the accommodation does not cause an undue hardship for the College.

  IV. REPORTING OPTIONS

  A. Student Complaints.

  Any student wishing to make a report relating to Unlawful Discrimination may do so by reporting the concern to the College’s Office of Student Services located in Blair Hall.

  For Unlawful Discrimination incidents between students and employees, the Vice President for Student Services will work in partnership with the Director of Human Resources to investigate and resolve the allegations.

  B. Employee Complaints.

  Any employee wishing to make a report related to Unlawful Discrimination may do so by reported the concern to the College’s Director of Human Resources located in Blair Hall.

  V. INITIAL INVESTIGATION

  As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Vice President for Student Services, or designee (student/student); 2) the Director of Human Resources, or designee (employee/employee); or 3) both (student/employee). For incidents involving students and employees, the
  College will utilize the process for both the student investigation and the employee investigation sections as applicable.

  A. Student Investigation.

  1. Students filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Vice President shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources. During the course of the investigation, the Vice President may consult with other relevant College administrators and the College Attorney.

  2. During the investigation, and if applicable to the complaint2, the Vice President shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Vice President of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

  3. During the investigation process, the Vice President may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include, but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved
  parties.

  4. A confidential file regarding the complaint shall be maintained by the Vice President. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.

  5. The Vice President shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Vice President may have an additional ten (10) calendar days to complete the investigation. The Vice President shall notify the parties of this extension.

  6. The parties to an investigation will be notified of available counseling services and their options of changing academic situations and other interim protective measures.

  B. Employee Investigations.

  1. Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Director of Human Resources shall fully investigate any complaints. During the course of the investigation, the Director of Human Resources may consult with other relevant College administrators and the
  College Attorney.

  2. During the investigation, and if applicable to the complaint, the Director of Human Resources shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Director of Human Resources of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

  3. During the investigation process, the Director of Human Resources may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The Director of Human Resources may suspend an employee with pay pending an investigation if such action is in the College’s best interest.

  4. A confidential file regarding the complaint shall be maintained by the Director of Human Resources. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under this Procedures.

  5. The Director of Human Resources shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Director of Human Resources may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.

  6. The parties to an investigation will be notified of available counseling services and other interim protective measures.

  7. If the Director of Human Resources is named as a Respondent in the Complaint, the President may assign another College administrator to investigate the Complaint. If the President is named as a Respondent in the Complaint, the Chair of the Board of Trustees may appoint a third-party to investigate the Complaint.

  VI. RECOMMENDATION AND APPEAL

  A. Students.

  1. After the investigation is complete, the Vice President will put forward a recommendation of finding, based on the Standard of Evidence, and sanction(s) to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective. The Vice President will submit to each party a final outcome letter that will include, but not limited to, the following:

  a. Determination if the Respondent is responsible or not responsible for violating these Procedures;
  b. Sanction;
  c. Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Vice President will assist in this process);
  d. Short-term College counseling services available to each party.

  2. If the Vice President’s recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Vice President recommends sanctions that s/he cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:

  a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
  b. Written notice including the date, time, and location of the hearing will be sent to all parties.
  c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
  d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
  e. Both parties have a right to a written notice of the hearing outcome.

  B. Employees.

  1. After the investigation is complete, the Director of Human Resources will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following:

  a. Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.
  b. Sanction, if appropriate.
  c. Monitoring of academic schedules or workplace schedule if needed.
  d. Short-term counseling services will be offered to each party.

  2. If the Director of Human Resources’ recommendations are not accepted by either the Complainant or the Respondent, either or both parties may appeal to the President. . If the Director of Human Resources recommends sanctions that they cannot impose (i.e., termination) the matter will automatically be forwarded to the President for consideration. The process for the appeal is outlined below:

  a. Each party shall have the right to meet with the President separately. Prior to the meeting with the President, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses.
  b. Written notice including the date, time, and location of the meeting will be sent to all parties.
  c. At the meeting with the President, each party shall have a right to speak and be questioned by the President and present any written evidence to the President.
  d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the President. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the President at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
  e. The President will review the evidence provided by each party and shall consider the statements of the parties. The President’s determination will be based on the Standard of Evidence. Both parties have a right to a written notice of the President’s decision.

  If the President is named as a Respondent in the original Complaint, the Director of Human Resources will inform the Chair of the Board of Trustees, who will assign another person to consider the appeal.

   

  C. Sanctioning.

  The following sanctions may be imposed for those who have violated these Procedures.

  1. Students.

  a. Verbal or Written Warning
  b. Probation
  c. Administrative withdrawal from a course without refund
  d. Required Counseling
  e. No Contact Directive
  f. Suspension
  g. Expulsion (President must impose)
  h. Other consequences deemed appropriate

  2. Employees.

  a. Verbal or Written Warning
  b. Performance Improvement Plan
  c. Required Counseling
  d. Required Training or Education
  e. Demotion (President may impose)
  f. Suspend with or without Pay (President must impose)
  g. Termination (President must impose)
  h. Other consequences deemed appropriate to the specific violation

  Adopted: June 12, 2019
  Revised: October 22, 2021
  Cross Reference Procedure 5.3.4.2

• Policy 3.3.8 - Grievance

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  In order to maintain a harmonious and cooperative relationship between the College and its employees, the College provides for the settlement of problems and differences through an orderly grievance procedure. Every employee shall have the right to present his/her problem or grievance free from coercion, restraint, discrimination or reprisal. The Policy provides for prompt and orderly consideration and determination of employee problems or grievances by supervisors and the President.

  A grievance is any matter of employee concern or dissatisfaction within the College’s control except: (a) employee disciplinary matters pursuant to Policy 3.3.4; (b) Non-renewal based on Impermissible Grounds pursuant to Policy 3.3.5; (c) discrimination and harassment pursuant to Policy 3.3.7; (d) reduction in force and/or involuntary leave without pay pursuant to Policy 3.3.9; or (e) any other matter that has a specific grievance process outlined in College policy.

  A. Informal Grievance Process

  If an employee has a grievance, it should first be discussed with his/her immediate supervisor within five (5) business days from the date of the situation which is grieved. The supervisor may call higher level supervisors into the discussion if the employee agrees or the supervisor may consult with higher level supervisors to seek any needed advice or counsel from his/her administrative superiors before giving an answer. The employee shall receive an answer within ten (10) business days. The circumstances should be documented by both the supervisor and the grievant. Should the complaint involve the immediate supervisor in such a way that the employee feels he/she cannot take the complaint to the supervisor, then the initial written complaint may be made directly to the Director of  Human Resources.

  B. Formal Grievance Process

  If the decision reached by the Informal Grievance Process is not satisfactory to the grievant, s/he may file a written grievance with the Director of Human Resources (“Director”) within five (5) business days after receipt of the Informal Grievance Process decision. The written grievance must contain specific facts supporting the grievance. Depending on the nature of the appeal, the Director will determine to what extent additional facts will be required. The supervisor and employee shall provide all pertinent information to the Director. The Director shall provide his/her written decision to the proper administrators or superiors and grievant within ten (10) business days of receipt of the grievance. In the absence of an appeal, the Director’s decision will be carried out within a reasonable period of time and the grievance considered resolved.

  C. Appeal to the President

  If the decision reached by the Formal Grievance Process is not satisfactory to the grievant, the grievant may, within five (5) business days receipt of the Director’s decision, appeal the Director’s decision to the President. The appeal must be in writing and provided to the President. The President will conduct an “on the record review” of the documents and supporting materials presented during the Formal Grievance Process and, if needed, conduct any further investigation. The President can accept, reject or modify the Director’s determination and will make a decision within ten (10) business days and the decision will be communicated in writing to all appropriate persons. The President’s decision shall be final.

  D. Grievances Involving the President

  In the event that a grievance is being filed against the President, the grievant shall first follow the Informal Grievance Process outlined above and meet with the President. If the grievant is not satisfied with the resolution at the Informal Grievance Process, s/he may continue with the Formal Grievance Process but file the written grievance with the Board Chair. The Board Chair shall delegate the matter to the College’s legal counsel to conduct an investigation. The Board Attorney will have the authority to conduct the investigation and will file a written report to the Board Chair within twenty (20) business days.

  At the next regularly scheduled Board meeting, the Board members shall review the College legal counsel’s report and recommendation. The Board of Trustees will discuss the recommendation in closed session, then in open session, vote to uphold, reverse or modify the President’s decision. The Board of Trustees decision is final.

  In the event that more time is necessary for the College’s legal counsel to conduct his/her investigation and/or the Board to review the matter, the Board Chair may extend all deadlines as necessary.

  Adopted: June 12, 2019

• Policy 3.3.9 - Reduction in Force/Involuntary Leave Without Pay

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  I. POLICY STATEMENT

  The College may terminate employment or may require any employee or class of employees to take involuntary leave without pay at any time because of: 1) a financial exigency; or 2) a program change for institutional reasons.

  II. DEFINITIONS

  A. Employee means full-time and part-time employees.

  B. Financial Exigency means any decrease in the College’s financial resources that are brought about by decrease in enrollment, decrease in funding from any source (federal, state, local, institutional, etc.) or by other action or events requiring the immediate expenditure or diversion of College resources that prevent or inhibit the
  College’s ability to continue the employment or level of the employee’s compensation or a class of employees and cause a need for reduction in force and/or involuntary leave without pay.

  C. Impermissible Grounds means the use of the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation, or status as a covered veteran in accordance with all applicable federal, state and local laws; or if the decision is otherwise a violation of state or federal law.

  D. Involuntary Leave without Pay means a period of mandatory separation from work during which an employee may not take or use any form of paid leave. All state mandated benefits shall continue to accrue during any period of leave without pay.

  E. Program Change means any elimination, curtailment or reorganization of an educational offering or support department which may or may not be related to a financial exigency.

  F. Reduction in Force means the termination of employment as a result of financial exigency or program change.

  III. INVOLUNTARY LEAVE WITHOUT PAY/REDUCTION IN FORCE

  A. General Criteria for the President’s Decision

  All decisions made under this Policy will take into consideration the needs of the population being served with respect to the College’s mission and goals while attempting to minimize the level of impact and quality of services provided. Responsibility will rest with the President working collaboratively with senior level administrators to determine the employee(s) affected by involuntary leave without pay or reduction in force based on recommendations from Vice Presidents, department heads and/or other management personnel associated with the departments where proposed actions will be implemented.

  Further, the President will consider relevant factors when considering a reduction in force or, if applicable, involuntary leave without pay, which may include, but are not limited to:

  1. Written recommendations regarding staffing needs from supervisors;
  2. Specific and overall program enrollment history and needs;
  3. Source of available funds and applicable restrictions;
  4. Other beneficial service by an employee to the College;
  5. Length of service in the North Carolina Community College System with a
  higher priority being given to the length of service for the College; and
  6. Employee performance evaluations.

  These factors are not listed in any particular order or priority.

  B. President’s Decision and Notice to Affected Employees

  Once the President makes his/her decision, s/he shall give written notice of termination and/or involuntary leave without pay to each affected employee. The written notice will be given as soon as practicable, and in any event, no less than ten (10) business days prior to the effective date of termination and no less than five (5) business days prior to a period of involuntary leave without pay. The written notice shall include: 1) a statement of condition requiring termination and/or involuntary leave without pay; 2) a general description of the procedures followed in making the decision; and 3) a copy of this Policy. The President shall also send a copy of the notice to the Chair of the Board of Trustees (“Chair”).

  C. Request for an Appeal

  An employee may appeal the President’s decision to impose a reduction in force or involuntary leave without pay to the Board of Trustees pursuant to Policy 3.3.6; however, the Board of Trustees will only hear and consider an employee’s appeal if the employee is alleging that the non-renewal is based on Impermissible Grounds.
  The decision to reduce in force or to place an employee on leave without pay shall not be tolled pending the appeal.

  IV. EXCLUSIVE REMEDY

  The rights and remedies set forth herein constitute the sole and exclusive process in the event of a termination by reduction in force or involuntary leave without pay. No other personnel action or grievance may be asserted or considered under this Policy.

  Adopted: June 12, 2019

Part 3.4 - Miscellaneous HR Matters

• Policy 3.4.1 - Conflict of Interest (cross reference Policy 1.4)

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  In accordance with N.C.G.S. §§ 14-234, 133-32 and Chapter 138A and in order to avoid conflict of interest, the appearance of conflict of interest or the appearance of impropriety, the Board of Trustees and College employees shall adhere to the following rules:

  A. Contracts with the College

  Board members and employees shall not do any of the following:

  1. Obtain a direct benefit from a contract that s/he is involved in making or administering on the College’s behalf unless a legal exception applies;

  2. Influence or attempt to influence anyone who is involved in making or administering a contract on the College’s behalf; or

  3. Solicit or receive any gift, favor, reward, service or promise of reward, including a promise of future employment, in exchange for recommending, influencing or attempting to influence the award of a contract by the
  College.

  A Board member or employee is involved in administering a contract if s/he oversees the performance of the contract or has authority to interpret or make decisions regarding the contract. A Board member or employee is involved in making a contract if s/he participates in the development of specifications or terms of the contract or participates in the preparation or award of the contract. An employee derives a direct benefit from a contract if the employee or his/her spouse does any of the following: (a) has more than ten percent (10%) ownership or other interest in an entity that is a party to the contract; (b) derives any income or commission directly from the contract; or (c) acquires property under the contract.

  B. Receipt of Gifts

  Unless a legal exception otherwise applies, no Board member or College employee may accept gifts from any person or group desiring to do business with or doing business with the College unless such gifts are instructional products or advertising items of nominal value that are widely distributed.

  C. Reporting Requirements

  Any Board member or employee who has questions regarding this Policy or whose actions could be construed as involving a conflict of interest shall report as follows:

  1. College employees shall report to the President.

  2. President / Board Members shall report to the Board Chair.

  3. Board Chair shall report to the College’s legal counsel.

  D. N.C. State Ethics Act

  Pursuant to N.C.G.S. § 138A-3(30)(k), all voting Board members, the President and the Chief Financial and Administrative Officers (“Covered Persons”) are subject to the N.C. State Ethics Act. Covered Persons shall complete and file a public disclosure of economic interests as required under the Act, adhere to the ethics standard required under the Act and shall complete all required mandatory ethics education and training.

  Any applicable State Board administrative regulations and rules and any applicable North Carolina state law will take precedence over this Policy.

  Adopted: June 12, 2019
  Legal Reference: N.C.G.S. §§ 14-234, 115D-26, 133-32 and Chapter 138A

• Policy 3.4.2 - Employee Political Activity

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  I. POLITICAL ACTIVITY – NON-SOLICITATION

  No College employee shall solicit support for a political candidate or any issue on a referendum during regular College working hours, on College property, using College stationery or e-mail, or other College resources. The Board of Trustees, however, may authorize the President or the President’s designee to solicit support during regular College working hours for referendums that directly support the College’s interest. Any employee who becomes a candidate for political office is prohibited from soliciting support while on duty and/or on College property. Any exceptions must have prior written approval from the President.

  II. POLITICAL ACTIVITIES BY COLLEGE EMPLOYEES

  A. COLLEGE EMPLOYEES

  As an individual, a College employee retains all rights and obligations of citizenship provided in the Constitution and laws of North Carolina and the Constitution and laws of the United States. Therefore, the College encourages an employee to exercise his/her rights and obligations of citizenship.

  Any College employee who decides to run for a public office shall, prior to or at the time of filing for that office, notify the President of his/her intention to run and shall, in writing, certify that his/her will not campaign or otherwise solicit support during regular work. Further, any employee who seeks a public office shall, in
  writing, certify that s/he will not involve the College in his/her political activities. Any employee who wishes to participate in any political activity during the normal workday must take leave in accordance with College policy. Also, the employee shall obtain the permission of his/her supervisor in scheduling leave.

  Any employee who is elected or appointed to a part-time public office shall certify, in writing, through the President to the Board of Trustees that the duties of elected office will not interfere with the employee’s ability to carry out the duties of the employee’s position with the College and that if those duties do interfere, as determined by the President or Board of Trustees, the employee will request leave.

  Any employee who is elected or appointed to a full-time office or the General Assembly shall take a leave of absence, without pay, upon assuming that office. The Board of Trustees shall determine the length of the leave of absence.

  B. COLLEGE PRESIDENT

  If the President decides to run for public office, s/he shall notify the Board of Trustees, prior to filing for that office, of his intention to run and certify, in writing that no campaigning or political activities will be engaged in during regular work hours and that the College will not be involved in the President’s political activities.

  If the President wishes to participate in any political activity during the normal workday, he must take leave in accordance with College policy. If the President is elected or appointed to a part-time public office, he shall certify, in writing, to the Board of Trustees that the duties of the elected public office will not interfere with his ability to carry out the duties of the College presidency and that if those duties do interfere, as determined by the Board of Trustees, he will request leave.

  If the President is elected or appointed to a full-time public office or to the General Assembly, s/he shall take a leave of absence, without pay, upon assuming that office. The Board of Trustees shall determine the length of the leave of absence.

  The President is prohibited from soliciting support for election to public office during regular work hours. The President is also prohibited from soliciting support on College property unless otherwise authorized by the Board of Trustees. The authorization shall be determined on a case-by-case basis. The Board of Trustees shall notify the State Board of Community Colleges if the President becomes a candidate for public office or if the President is elected or appointed to a public office.

  C. DEFINITIONS

  Public office means any national, state or local governmental position of public trust and responsibility, whether elective or appointive, which is created or prescribed or recognized by constitution, statute or ordinance. Membership in the General Assembly is a full-time public office under this Policy.

  Adopted: June 12, 2019
  Legal Reference: 1C SBCCC 200.99

• Policy 3.4.3 - Weapons on Campus (cross reference Policy 2.1.6)

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  Students, staff, faculty and visitors are legally prohibited from carrying a weapon onto campus unless a legal = exception applies. For purposes of this policy, a “weapon” includes firearms, explosives, BB guns, stun guns, air rifles or pistols and certain types of knives or other sharp instruments (see N.C.G.S. § 14-269.2).

  The prohibition does not apply if the weapon is on campus pursuant to one of the reasons listed in N.C.G.S. § 14 269.2(g). It is the individual’s responsibility to know and understand the law prior to bringing any weapon onto campus. Failure to follow the law, regardless of the person’s intent, will result in appropriate disciplinary action and a referral to local law enforcement.

  It is permissible for an individual to bring a handgun onto campus under the following limited circumstances:

  A. The firearm is a handgun; AND

  B. The individual has a valid concealed handgun permit (or is exempt from the law requiring a permit); AND

  C. The handgun remains in either: a closed compartment or container within the locked vehicle of the permit holder; or a locked container securely affixed to the locked vehicle of the permit holder; AND

  D. The vehicle is unlocked only when the permit holder is entering or exiting the vehicle; AND

  E. The handgun remains in the closed compartment or container at all times except for a reasonable amount of time for the person to transfer the handgun from the closed compartment or container to his person or from his person to the closed compartment or container.

  Firearms (and other weapons prohibited on campus) may not be stored or transported in College owned or rented vehicles unless they are in a locked case.

  Adopted: June 12, 2019
  Legal Reference: N.C. Session Law 2013-369; N.C.G.S. 14-269

• Policy 3.4.4 - Alcohol and Drugs on Campus

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  The illegal use of controlled substances, substances that cause impairment, and abuse of alcohol are harmful to the health, well-being and safety of the College’s employees and students. Employees and students who illegally use controlled substances, substances that cause impairment, or who abuse alcohol are less productive, less reliable and prone to greater absenteeism resulting in unnecessary costs, delays, academic failure and safety risks. The College is committed to maintaining a safe workplace and an educational environment free from the influence of illegal controlled substances, substances that cause impairment, and alcohol.

  I. PROHIBITED BEHAVIOR

  All College employees and students are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or drug paraphernalia. Using or being under the influence of substances that cause impairment is prohibited for all employees and students.

  This Policy does not apply to the use of alcohol in instructional situations (e.g., cooking classes, laboratory experiments) or in conjunction with events which meet the requirements of all state laws. This Policy does not apply to the proper use of lawfully prescribed controlled substances by a licensed health-care provider to the student or employee who is prescribed the controlled substance and using it in the manner in which the healthcare provider prescribed it.

  II. DEFINITIONS

  For purposes of this Policy, the following definitions shall apply:

  A. Alcohol means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages.

  B. Controlled Substance means any substance listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, the term means any drug which has a high potential for abuse and includes, but is not limited to heroin, marijuana, cocaine, PCP, GHB, methamphetamines, and crack. This term also includes any drugs that are illegal under federal, state or local laws and legal drugs that have been obtained illegally or without a prescription by a licensed healthcare provider or are not intended for human consumption.

  C. Substance means any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs.

  D. Conviction means the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict of guilty; or (3) a prayer for judgment continued or a deferred prosecution.

  E. Reasonable Suspicion is the legal standard required before the College can require an employee to take a drug or alcohol test. Some of the factors that constitute reasonable suspicion are: a) direct observation of drug use or possession; b) direct observation of the physical symptoms of being under the influence of drugs; c) impairment of motor functions; d) pattern of abnormal or erratic conduct or behavior; or e) reports from reliable sources or credible sources (anonymous tips may only be considered if they can be independently corroborated).

  III. DUTY TO REPORT

  Pursuant to Procedures 3.3.3.1 – Arrests and Convictions, all employees who are arrested, indicted, cited or convicted for a criminal offense are required to inform, in writing, his/her supervisor. This includes being arrested or receiving a citation for a violation of any federal or state controlled substance or alcohol statute. If an employee’s arrest, conviction or citation has an effect on the employee’s ability to perform his/her job duties or brings negative attention to the College, the employee may be subject to disciplinary action in accordance with this Policy.

  Convictions of employees working under federal grants that are convicted of violating a federal or state controlled substance or alcohol statute on the College’s property, or as part of any activity initiated by the College, shall be reported to the appropriate federal agency. A College official must notify the U.S. government agency, which made the grant, within ten (10) days after receiving notice from the employee or otherwise receives actual notice
  of a conviction of a controlled substance or alcohol statute occurring in the workplace.

  Students employed under the College Work Study Program are considered to be employees of the College if the work is performed for the College in which the student is enrolled. For work performed for a federal, state, local public agency, a private nonprofit or a private for-profit agency, students are considered to be employees of the College unless the agreement between the College and the organization specifies that the organization is
  considered to be the employer.

  IV. CONSEQUENCES FOR VIOLATIONS

  Violation of this Policy will subject students and employees to disciplinary action including, but not limited to: suspension, expulsion, non-renewal or termination of employment or the requirement that the student or employee satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program at the student or employee’s expense and approved by the College and agree to certain conditions.

  Article V of Chapter 90 of the North Carolina General Statutes makes it a crime to possess, manufacture, sell or deliver or possess with intent to sell or deliver a controlled substance. N.C.G.S. § 90-95. As citizens, all members of the College community are expected to know and comply with these laws. Legal matters may be referred to local law enforcement. Employees and students who are in violation of alcohol and drug laws may suffer legal consequences ranging from fines up to incarceration. Furthermore, any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs, is also considered a violation of the drug and alcohol Policy.

  V. CONTROLLED SUBSTANCES AND ALCOHOL TESTING

  Upon a conditional offer of employment, new employees may be required to be tested for substances, including controlled substances or alcohol.

  Employees may be required to be tested for substances, including controlled substances or alcohol, based on individualized, reasonable suspicion. The required observations for reasonable suspicion testing shall be made by an administrator, supervisor or other trained official and the person who makes the determination that reasonable suspicion exists shall not be the same person who conducts the test. This section does not apply to law enforcement officers serving the College through the local sheriff’s department. Law enforcement officers must adhere to their normal standards when conducting a search.

  All substances, including controlled substances and alcohol testing, shall be administered by a non-College, third party laboratory chosen by the President. The testing shall be performed at the laboratory. A representative from Human Resources and the employee’s immediate supervisor will accompany the employee to the testing site utilizing a College vehicle (if available). The chosen laboratory shall use standard testing protocols that will
  maintain the confidentiality of the employee and student. All tests shall be reviewed by a medical review officer not affiliated with the College. Employees will have the opportunity to provide any information to the medical center which the employee considers relevant to the test, including identification of currently or recently used prescription or non-prescription drugs. The College shall pay for the initial test. If the employee wishes to dispute the results with a subsequent re-test, the employee shall be responsible for the cost of the re-test.

  Pending the results of the testing, (if not instant), the employer can suspend the employee on leave with pay. The College must give the employee written notice of positive results and notice of the right to a re-test (at the employee’s expense) pursuant to G.S. 95-232(f). If the results are positive, the supervisor may recommend disciplinary action pursuant to Policy 4.3.4.

  VI. POST-ACCIDENT TESTING

  In the event of a work-related injury, if the supervisor has reason to suspect that impairment is involved in the accident s/he should report the incident to a representative from the Human Resources Department and the employee may be tested as set forth above.

  VII. DISSEMINATION TO COLLEGE COMMUNITY

  This Policy shall be maintained on the College’s website and a copy of this policy will be maintained in the College’s Human Resources Office and Student Services Office. The College shall comply with the Department of Education’s requirements as they apply to students by:

  A. Preparing the College’s Drug and Alcohol Prevention Program (“DAAPP”) for annual distribution to all currently enrolled students; and

  B. Incorporating information about the College’s DAAPP and this Policy in new student orientation.

  VIII. POLICY REVIEW

  The College Administration will review this Policy annually.

  Adopted: June 12, 2019
  Legal Reference: 21 CFR Part 1308; 34 CFR 86; N.C.G.S. 90-86

• Policy 3.4.5 - Communicable Diseases and Occupational Exposure to Bloodborne Pathogens (cross reference Policy 2.1.10)

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  I. COMMUNICABLE DISEASE

  The College shall not exclude individuals with communicable diseases unless a determination is made that the individual presents a health risk to himself/herself or others. The College shall consider the educational or employment status of those with a communicable disease on an individual basis. Communicable diseases as defined in this Policy include, but are not limited to, acquired immunodeficiency syndrome (AIDS), chicken pox, hepatitis, measles, tuberculosis, meningitis, mononucleosis and whooping cough, and for purposes of this Policy only, those communicable diseases which constitute a disability pursuant to the Americans with Disabilities Act.

  A. Procedure

  1. All information and records that identify a person as having a communicable disease shall be strictly confidential.

  2. Disclosure of medical information shall be made by the President only to those on a need-to-know basis to protect the welfare of persons infected with a communicable disease or the welfare of other members of the College community.

  3. Unauthorized disclosure of medical information by an employee of the College is prohibited. Violation of this prohibition may result in the suspension from or termination of employment.

  4. A person who knows or has a reasonable basis for believing that s/he is infected with a communicable disease is expected to seek expert advice about his/her health circumstances and is obligated ethically and legally to conduct himself/herself responsibly toward other members of the College community.

  5. Faculty and staff of the College and employees of contractors or contracted services who are infected with a communicable disease are urged to notify the appropriate Dean/Director so that the College can respond appropriately to his/her health needs. Students are urged to share information with the appropriate Dean/Director for the same reason.

  6. A person infected with a communicable disease (including the AIDS virus whether active AIDS, AIDS-Related Complex, or undetectable viral load) will not be excluded from enrollment or employment or restricted in his/her access to the College’s services or facilities unless, in individual cases, the College administration determines that exclusion or other restrictions are necessary for the health and welfare of others at the College.

  7. Included in making decisions in individual cases which restrict access to employment shall be the College President, Legal Counsel for the College, the Deans/Directors, the individual’s personal physician, the local Health Director (or designee) and if necessary, another physician with expertise in managing communicable disease cases.

  8. The College shall provide information regarding communicable diseases, especially AIDS.

  9. Should influenza reach a pandemic stage, the President shall regularly monitor the situation by communicating with local and state health officials and by reviewing media sources. Should influenza reach a pandemic level in a county contiguous to the College’s Service Area, the President will provide information to students and employees on preventing the spread of the pandemic flu. Should influenza reach a pandemic level within the service area the President, after consulting with local health officials, may close the College temporarily if s/he feels it is in the best interest of the College and community. Persons who are infected with the pandemic flu, or know of someone in the College community who is, should contact college officials immediately. Students should contact the Dean of Student Services and employees should contact the Human Resources Office.

  II. OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS

  The College shall comply with federal regulations and state statutes regarding bloodborne pathogens as set forth in the Federal Register, 29 CFR §1910.1030, and the North Carolina Administrative Code, 10A NCAC 41A, by attempting to limit/prevent occupational exposure of employees to blood or other potentially infectious bodily fluids and materials that may transmit bloodborne pathogens and lead to disease or death.

  A. Reasonably Anticipated Occupational Exposure

  An employee who could “reasonably anticipate” as a result of performing required job duties, to face contact with blood, bodily fluids or other potentially infectious materials is covered by the OSHA Bloodborne Pathogens Standard, the North Carolina Administrative Code, and this Policy. “Occupational Exposure” includes any reasonably anticipated skin, eye, mucous membrane or parenteral (brought into the body through some way other than the digestive tract) contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties. “Good Samaritan” acts, such as assisting a co-worker or student\ with a nosebleed would not be considered “reasonably anticipated occupational exposure.”

  B. Universal Precautions

  Universal precautions will be in force at all times. All blood, body fluid and other potentially infectious material will be handled as if infected. The program standards for the control of potential exposure to HIV and HBV as outlined in the OSHA Rule “Occupational Exposure to Bloodborne Pathogens” Standard 1910.1030, the NC Administrative Codes, or the most current standards available will be followed.

  C. Testing

  An employee who suspects that s/he has a blood or body fluid exposure may request to be tested, at the College’s expense, provided that the suspected exposure poses a significant risk of transmission as defined in the rules of the Commission for Health Services. The HIV and HBV testing of a person who is the source of an exposure that poses a significant risk of transmission will be conducted in accordance with 10A NC Administrative Code 41A .0202 (4) (HIV) and 41A .0203(b)(3) (HBV). The College will strictly adhere to existing confidentiality rules and laws regarding employees with communicable diseases, including HIV or HIV-associated conditions.

  D. Exposure Control Compliance

  The College shall comply with OSHA Regulation 29 CFR 1910.1030 and promote a healthy and safe environment for both employees and students. The College proposes to do this through minimizing the risk of transmission of infectious diseases that are blood or body fluid borne. To achieve compliance with OSHA Regulation 29 CFR 1910.1030, the College will maintain an Exposure Control Plan covering the following areas:

  1. Procedures,
  2. Protective equipment,
  3. Hepatitis vaccinations,
  4. Post-exposure and follow-up care, and
  5. Training.

  A copy of the Exposure Control Plan is available in the office of Administrative Services.

  Adopted: June 12, 2019
  Legal Reference: 29 CFR §1910.1030; 10A NCAC 41A; 10A NC Administrative Code 41A .0202 (4) (HIV) and 41A .0203(b)(3) (HBV)

• Policy 3.4.6 - Academic Freedom

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  The College recognizes the necessity for freedom in legitimate academic decisions that foster an environment where faculty and students can freely inquire, study and evaluate in order to gain greater understanding. To that end, the College endeavors to give faculty members the freedom to conduct individual academic affairs in accordance with each person’s best judgment.

  A. Faculty members will conduct themselves within the boundaries of the law as established by the North Carolina General Statutes and the State Board Code of Community Colleges.

  B. Faculty members shall use their best judgment as to appropriate material in developing and implementing course material. Faculty members shall refrain from introducing controversial materials and subject matters that have no bearing or academic relationship to that particular class or subject matter. Faculty members shall encourage students to do likewise.

  C. In the academic setting, faculty members shall refrain from insisting upon the adoption of any particular point of view as authoritative in controversial issues. Engaging in personal attacks during any discussion should be avoided by faculty members and students.

  D. Faculty members shall use their best judgment in conducting classes and in interactions with other members of the College community.

  E. Faculty members shall keep abreast of the main academic trends and themes in their respective fields and incorporate these into their scholarship and teaching.

  F. Faculty members shall organize their subject matter and present it in ways that present the optimum value for their students, subject to reasonable guidelines reflected in College, departmental and faculty policies and procedures. Faculty members shall also require an amount and quality of work from their students which, under the College’s standards, justify the course.

  Any questions or issues concerning the parameters of academic freedom at this College should be addressed to the appropriate Vice President. In the event the faculty member cannot reach an informal resolution, s/he may file a grievance pursuant to Policy 3.3.8 – Grievance.

  This Policy is not intended to limit the rights of faculty or students in discussing any matter outside of the academic setting. However, no College employee or student shall purport to speak on behalf of the College unless specifically authorized to do so by an authorized College official.

  Adopted: June 12, 2019

• Policy 3.4.7 - Secondary Employment

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  I. SECONDARY EMPLOYMENT

  Full-time College employees’ primary professional obligation is to the College. Full-time employees who engage in secondary employment have the responsibility to ensure that any such employment does not interfere with their work at the College as outlined in the employee’s position description and the College’s policies and procedures. The employee shall not utilize College time, facilities, supplies or equipment in relation to any secondary employment.

  Annually, each full-time employee will be required to fill out a secondary employment form providing a written notice of intent for secondary employment to the President or President’s designee. The notice shall contain, at a minimum: 1) the name and contact information of the prospective secondary employer; 2) the proposed job duties; and 3) the estimated hours per week devoted to the secondary employment. The President or designee shall approve or disapprove of any secondary employment and his/her decision is final. Throughout the year, if an employee wishes to engage in secondary employment and has not previously informed the President or President’s designee, he/she shall fill out a secondary employment form prior to beginning work.

  The Board of Trustees shall approve or disapprove any secondary employment of the President.

  II. OUTSIDE COMPENSATION

  College employees are encouraged to provide leadership and professional expertise to various constituencies or organizations whether locally, regionally or nationally who may request their services as a result of their College employment provided that the outside activity does not interfere or compete with their full-time duties at the College. A College employee must receive the approval of his/her immediate supervisor prior to committing to any outside activity which occurs during the normal workday. College employees may accept outside compensation for services rendered during annual leave, holidays, semester breaks or other such times when classes are not in session or if the services provided take place outside the scheduled or the normal workday. Outside compensation does not include nominal honorariums that staff or faculty members receive as a representative of the College for services provided for workshops, seminars, SACS visits or state or regional committee involvement. Exceptions to this section of the Policy must be approved by the President.

  Adopted: June 12, 2019

• Procedure 3.4.7.1 - Secondary Employment

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  In accordance with Policy 3.4.7.1, MCC employees may be granted the ability to pursue secondary employment so long as that employment does not impede the operations of the college.

  Criteria to be approved for secondary employment include, but are not limited to;

  • Secondary employment may not interfere with an employee’s performance of his/her job duties at MCC
  • No work for an employee’s secondary employment position may be conducted during working hours, on campus, or using college resources
  • An employee’s secondary employment may not create/increase competition between MCC and other institutions of higher education (Example: An employee may not act as a recruiter for a rival institution)

  Secondary employment will automatically be canceled/non-renewed if any of the criteria for approval are violated, if one of the following conditions or met, or if it is deemed secondary employment is adversely affecting college operations.

  Secondary employment shall be canceled if;

  • An employee is placed on an action plan or probation at the college
  • An employee receives an unsatisfactory evaluation
  • An employee takes a leave of absence from the college

• Policy 3.4.8 (cross reference Policy 5.4.5) - Service Animals and Other Animals on Campus

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  I. OVERVIEW

  In accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and other applicable federal and state law, the College may be required to accommodate an otherwise qualified individual with a disability by making a reasonable modification in its services, programs or activities. This Policy addresses the use of Service Animals and other animals on campus.

  II. DEFINITIONS

  A. Emotional Support Animal – an animal selected or prescribed to an individual with a disability by a healthcare or mental health professional to play a significant part in a person’s treatment process (e.g., in alleviating the symptoms of that individual’s disability). An emotional support animal does not assist a person with a disability with activities of daily living and does not accompany a person with a disability at all times. An emotional support animal is not a “Service Animal”.
  B. Service Animal – an animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a Service Animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Service Animals may or may not have been licensed by a state or local government or a private agency. Service Animals are limited to service dogs and, in some cases, miniature horses.

  C. Pets – any animal that is not an Emotional Support Animal or a Service Animal.

  III. ANIMALS ON CAMPUS

  Pets are not permitted on campus and may not be left in vehicles on College property. There are occasions when a student or employee may need to bring an animal onto campus for the purpose of meeting an educational objective. Such requests should be made to the appropriate academic Dean prior to the animal being allowed onto campus. Subject to the rules set forth in section IV and V below, Emotional Support and Service Animals are permitted in any area of campus where employees or students are permitted, with a few exceptions for health and safety reasons (i.e., areas that must adhere to certain required sanitation rules (campus culinary and health sciences programs and third-party clinical partners)).

  IV. PROCEDURES REGARDING SERVICE/EMOTIONAL SUPPORT ANIMALS

  A. Responsibilities of the Service/Emotional Support Animal Owner/Handler

  1. Registration

  a. Service Animals

  Students and employees are not required to register Service Animals. However, they are strongly encouraged to notify the Disability Services Office (students) or the Office of Human Resources (employees) if they intend to use a Service Animal on campus so that appropriate College officials are aware of the animal’s presence and to assist with the Service Animal’s access to areas within the College’s campus. Logistical or physical accommodations within campus buildings or classrooms may be necessary to ensure that a Service Animal has the space necessary to assist its handler. In addition, there are other disability related academic accommodations a student handler may be eligible to request to ensure full access to the learning experience. Visitors with Services Animals are not required to register their animals.

  b. Emotional Support Animals

  After the College has made a determination that an Emotional Support Animal is allowed on campus (see Section B.2), the student or employee must register the animal with the Disability Services Office (students) or the Office of Human Resources (employees).

  2. Care and Supervision

  a. The care and supervision of a Service/Emotional Support Animal is the responsibility of the animal’s owner and/or handler. The handler must ensure the animal is in good health and has been inoculated and licensed in accordance with local regulations with the burden of proving licensure and inoculation on the person with a disability. Dogs must wear a rabies tag at all times.

  b. The Service/Emotional Support Animal must be under the control of the handler at all times and may not be left alone. A Service/Emotional Animal must be restrained by a leash that does not exceed six (6) feet in length or other appropriate devise dependent on the animal (i.e., carriers or cages). In situations where a leash or other appropriate device interferes with a Service Animals ability to perform its task or service, the Service Animal must remain under the control of the handler at all times.

  c. The owner and handler of the Service/Emotional Support Animal is responsible for any damage of personal or college property or any injuries to an individual caused by the Service/Emotional Support Animal.

  d. The handler must ensure the animal is “housebroken” and trained. The handler must clean up and remove all animal waste created by the animal both inside campus buildings and outdoor campus property.

  e. The Service/Emotional Support Animal may not disrupt the operation of the College or any class. Disruptions include but are not limited to: barking, growling, pacing/constant motion, foul odor, pawing and or sniffing of others. It is the assumption of the College that all Service/Emotional Support Animals on campus are “working” animals and therefore, should not be treated as a pet. There should be no petting by others and no handling by others.

  B. Responsibilities of the College Community

  1. Service Animals

  If the need for a Service Animal is obvious, College officials may not question the presence of the animal on campus. If the need for a Service Animal is not obvious, College officials are permitted to ask the handler two questions:

  a. Is the animal required because of a disability?

  b. What work or task(s) has the animal been individually trained to perform?

  At no time may a College official require a Service Animal to demonstrate the tasks for which they have been trained nor may they inquire as to the nature of the individual’s disability.

  If another person on campus has a covered disability under the ADA and it includes an allergic reaction to animals and that person has contact with a Service Animal, a request for accommodation should be made by the individual to the Director of Human Resources (if an employee) or the Disability Services Office (if a student). All facts surrounding the concern will be considered in an effort to resolve the concern and provide reasonable accommodation for both individuals.

  2. Emotional Support Animals

  The determination of whether a student or employee with a disability is allowed to have an Emotional Support Animal on campus shall be made on a case-by-case basis. Students and employees may request, as a reasonable accommodation for a disability, the need to have an Emotional Support Animal on campus. The College is not required to grant reasonable accommodations that would result in a fundamental alteration of a program, create an unsafe environment or would constitute an undue burden. Any requests for a reasonable accommodation for an Emotional Support Animal shall be directed to the Disability Service Office (students) or the Office of Human Resources (employees).

  In determining request for accommodations for an Emotional Support Animal, the consideration is: 1) does the person have a disability (i.e., a physical or mental impairment that substantially limits one or more major life activities); 2) does the Emotional Support Animal perform tasks or services for the benefit of the person or provide emotional support that alleviates one of more of the identified symptoms for effects of the person’s existing disability; and 3) is the request an undue burden on the College, does the request create an unsafe environment, or does it fundamentally alter a College program.

  C. Removal of Service/Emotional Support Animals

  The College has the authority to remove a Service/Emotional Support Animal from its facilities or properties if the Service/Emotional Support Animal becomes unruly or disruptive, unclean and/or unhealthy, and to the extent that the animal’s behavior or condition poses a direct threat to the health or safety of others or otherwise causes a fundamental alteration in the College’s services, programs, or activities. All cases for removal shall be decided on a case-by-case basis based on that specific situation. In appropriate situations, the College will use a progressive model beginning with a warning for a first offense and removal (either temporarily or permanently) for additional offenses. However, dependent on the severity of the situation, the first offense could result in a temporary or permanent removal.

  It is a Class 3 misdemeanor “to disguise an animal as a service animal or service animal in training”. N.C.G.S. § 168-4.5. In other words, it is a crime under North Carolina law to attempt to obtain access for an animal under the false pretense that it is a Service Animal.

  Additionally, any employee or student who violates any portion of this procedure is subject to disciplinary action.

  Legal Citations: The Americans with Disabilities Act of 1990 As Amended; Section 504 of the Rehabilitation Act of 1973
  Adopted: June 12, 2019

• Policy 3.4.9 - Clubs and Civic Organizations

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  The College encourage employees to participate in the activities of certain community clubs and civic organizations.

  1. Employees are encouraged to seek membership in community clubs and civic organizations where membership will promote the College’s business interests and enhance its image in the community. Employees who participate in clubs or civic organizations may not allow their activities to interfere with job performance, harm or conflict with the College’s interests.

  2. The College may identify certain community organizations in which it wants to be represented and then designate employees to be sponsored for membership in them. Employees who are designated for membership act as College representatives in the organization and are expected to promote College interests.

  3. Employee participation in club and civic organization activities is not considered hours worked for pay purposes unless it is at the College’s request or under its direction and control.

  4. The College will normally consider the following factors when selecting organizations for membership:

  a. The nature and purpose of the club or organization;

  b. The potential benefit to the College, including the enhancement of the employee’s leadership and organizational skills;

  c. The cost to the College;

  d. The extent to which the College is already represented in the club or organization; and

  e. The employee’s job responsibilities, length of service, and overall qualifications for membership.

  5. The College will periodically review its representation in community organizations and make changes it considers appropriate.

  6. Employees who are sponsored for membership in community clubs and civic organizations may be eligible for reimbursement for certain expenses. Reimbursable expenses may include but are not limited to dues; special charges; initiation fees; and business-related activities, fees, and meal and entertainment expenses.

  7. Employees who are not designated and sponsored for membership in community clubs and/or civic organizations are responsible for their own expenses.

  8. Employees must agree to pay back any membership fees or equity interests paid or reimbursed by the College that might be refunded should membership in the club or organization be terminated.

  Adopted: June 12, 2019

• Policy 3.4.10 - Wellness

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  The College supports the physical health and well-being of its employees. Full-time employees may use up to thirty (30) minutes of each working day to participate in wellness activities on campus as approved by their supervisor. Activities may include walking for fitness, participation in exercise class, and use of the campus weight room.

  Use of the weight room located in Building 500 will be limited to full-time and permanent part time College employees, Basic Law Enforcement Training (BLET) instructors and students, and students enrolled in curriculum or continuing education courses of which physical education is a required component.

  BLET students may utilize the facility during classroom instruction related to physical training and at other times as deemed appropriate by the BLET Director.

  Students enrolled in curriculum or continuing education courses, other than BLET, must be under the direct supervision of a certified instructor.

  Employees may utilize the facility at times when it is not being used for instructional purposes. A signed risk and release form must be on file in the personnel office prior to any employee using the facility.

  No equipment shall be removed from the facility without permission of the BLET Director.

  Adopted: June 12, 2019

• Policy 3.4.11 - Professional Dress and Grooming

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  Employees of Montgomery Community College will maintain professional dress and grooming at all times. Guidelines for professional dress and grooming are outlined in the Dress Code Procedure. Questions regarding dress and grooming should be directed to the Director of Human Resources.

  Adopted: February 10, 2016

• Procedure 3.4.11.1 - Professional Dress and Grooming Procedure

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  As employees of a public higher education institution faculty and staff at Montgomery Community College shall maintain as appropriate appearance and professional image to students, general public, corporate supporters and other users of our services and facilities.

  Professional appearance, dress, and good hygiene are expected of all faculty & staff at all times, along with the sensible use of perfumes, colognes, or other products that may affect others in close proximity. Hair should be clean, combed, and neatly trimmed or arranged. What constitutes appropriate dress will vary according to specific job and occasion. Staff whose regular duties entail heavy work or exposure risk should dress as their supervisor or safety standards demand.

  The descriptions below are intended to provide general guidelines for faculty and staff. If an employee is unsure of acceptable norms for his/her specific position, he/she should seek guidance from his/her immediate supervisor.

  • Business/Field casual is acceptable for most occasions for office and faculty personnel. (Examples: field specific uniforms; cotton blend trousers and collared shirt for men; slacks/dress/skirt and blouse/sweater for women).
  • Business attire presents an appropriate professional image when meeting with external constituents while representing the College. (Examples: suit and tie for men; dress or pantsuit for women).
  • Unacceptable attire includes, but is not limited to: clothing that is torn, ripped, frayed, wrinkled, or unclean; clothing containing obscene, profane, discriminatory, provocative, or inflammatory words or images; exposed undergarments, t‐shirts with slogans; denim clothing; sweatpants, sweatshirts, leggings and or stirrups, workout attire (including tennis shoes); cutoffs; beach attire; flip‐flops; halter or tank tops; dresses, skirts, or shorts that are excessively short (2 inches or more above the knee); sheer clothing that otherwise is revealing, distracting, or provocative.

  Exceptions to the dress code may be granted by the President for special events, on pre-determined occasions, or other situations where casual attire is appropriate.

  Adopted February, 2016