Policy 3.3.1 —
Personnel FilesPolicy 3.3.2 —
EvaluationsPolicy 3.3.3 —
Code of Employee ConductProcedure 3.3.3.1 —
Arrests and ConvictionsPolicy 3.3.4 —
Disciplinary Action, Suspension and DismissalPolicy 3.3.5 —
Contract Nonrenewal and ResignationsPolicy 3.3.6 —
Right of AppealPolicy 3.3.7 —
Discrimination and Harassment (cross reference Policy 5.3.4)Procedure 3.3.7.1 —
Sexual Harassment and Sexual Violence (cross reference Policy 5.3.4)Procedure 3.3.7.2 —
Unlawful Discrimination and HarassmentPolicy 3.3.8 —
GrievancePolicy 3.3.9 —
Reduction in Force/Involuntary Leave Without PayThe 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
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
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
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
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
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
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
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.
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)
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
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
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
