Policy 3.4.1 —Conflict of Interest (cross reference Policy 1.4)
Policy 3.4.2 —Employee Political Activity
Policy 3.4.3 —Weapons on Campus (cross reference Policy 2.1.6)
Policy 3.4.4 —Alcohol and Drugs on Campus
Policy 3.4.5 —Communicable Diseases and Occupational Exposure to Bloodborne Pathogens (cross reference Policy 2.1.10)
Policy 3.4.6 —Academic Freedom
Policy 3.4.7 —Secondary Employment
Procedure 220.127.116.11 —Secondary Employment
Policy 3.4.8 (cross reference Policy 5.4.5) —Service Animals and Other Animals on Campus
Policy 3.4.9 —Clubs and Civic Organizations
Policy 3.4.10 —Wellness
Policy 3.4.11 —Professional Dress and Grooming
Procedure 18.104.22.168 —Professional Dress and Grooming Procedure
Policy 3.4.12 —Pregnant and Parenting Employees
Policy 3.4.13 —Teleworking
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
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
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.
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
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
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.
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 22.214.171.124 – 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
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.
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.
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:
2. Protective equipment,
3. Hepatitis vaccinations,
4. Post-exposure and follow-up care, and
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)
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
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
In accordance with Policy 126.96.36.199, 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 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;
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.
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
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
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
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
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
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
The College is fully committed to providing a learning and working environment that is free from prohibited discrimination. The College prohibits discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions. Pregnant and nursing employees will be provided with accommodations as required by law.
A. Reasonable Accommodations for Pregnancy-Related Limitations
In accordance with the Pregnant Workers Fairness Act, qualifying applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions will be provided reasonable accommodations, unless the accommodation demonstrably would impose an undue hardship on the operation of the College. No adverse action will be taken against an applicant or employee for requesting or using a reasonable accommodation.
B. Break Time to Express Milk
For one year after the birth of an employee’s child, the employee will be provided reasonable break times to express breast milk for the child each time the employee has need to express milk. Requests for additional break time, in excess of that provided to employees, may be approved through the use of sick leave, annual leave, or unpaid leave. The appropriate supervisor will designate a place, other than a bathroom, that the employee may use to express milk. Any designated place must be functional as a space for expressing milk, shielded from view, and free from intrusion from others.
Adopted: October 11, 2023
Teleworking, or working remotely, is a benefit and privilege of working at the College and will be considered in situations in which it can be mutually beneficial for both the College and its employees. Teleworking satisfies the College’s creative sustainability efforts by reducing consumption of natural resources, to decrease pollution and to ease congestion related to commuting to work by automobile. However, the College has determined that some positions, by their very nature, do not lend themselves to teleworking. For example, positions that require the supervision of other employees are not suitable for teleworking and will not be considered. On the other hand, the College finds that some positions are naturally suited to Teleworking. If an employee is interested in Teleworking, the employee’s immediate supervisors must first evaluate the suitability. In unusual situations, and in order to ensure continuity of College operations, the President may grant teleworking approval for positions that would not normally be considered appropriate for teleworking.
Both full-time and part-time positions can be considered for a Teleworking arrangement. When considering Teleworking, the supervisor and employee are responsible for demonstrating that the following conditions can be met:
A. The employee can participate in departmental, division and campus-wide meetings appropriate to the position.
B. Teleworking does not adversely affect the College, departmental assignments/projects, student advising and assistance, customer relations, employee’s completion of assigned duties or other work areas.
C. There is adequate and suitable work available for the employee to perform away from campus.
D. The employee has been employed by the College for a minimum of one year and during that time, maintained a good work record prior to making his/her request to telework (e.g., no excessive or unexcused absences, no corrective action within the last twelve (12) months of employment, and no misuse or loss of equipment).
E. Suitable equipment and technology services can be provided and/or maintained by the College and/or employee so that work can be effectively performed in a teleworking arrangement.
F. The employee can be adequately supervised when teleworking.
All employees approved to telework must agree to the following:
A. Campus meetings, events and student advising/assistance shall not be scheduled around an employee’s teleworking arrangement. All teleworking employees shall attend required campus meetings and events and provide student advising/assistance in fulfillment of his/her job duties.
B. Teleworking employees are responsible for all travel and per-diem to and from the employee’s home to the workplace regardless of distance.
C. Teleworking employees are required to respond in a timely manner to work related voicemail and electronic mail. Unless otherwise agreed upon with the employee’s supervisor, the employee is expected to work during the College’s normal hours of operation while teleworking, 8:00 a.m. – 5:00 p.m. during weekdays.
D. Teleworking arrangements may be revised or discontinued at any time. The initial agreement must have a defined duration with a three (3) month or less probationary period. If the employee meets the outcome expectations of teleworking during the probationary period, a new agreement may be executed for an additional three to six months.
E. Teleworking employees are responsible for maintaining a dedicated home office and technology environment that maintains the security and confidentiality of College and student information and is a safe working environment.
F. The College and the teleworking employees shall agree on the equipment, if any, and the maintenance thereof to be provided by the College and/or the employee to enable the teleworking arrangement.
G. The supervisor shall articulate how the employee’s performance will be measured and how the employee will participate in performance reviews.
H. A teleworking employee scheduled to work on a day in which the College is closed due to adverse weather is still expected to work as scheduled.
The employee shall complete and submit the appropriate teleworking request form to his/her immediate supervisor. If the employee’s immediate supervisor agrees with the teleworking request, s/he should add supervisor comments to the form and present it to the Director of Human Resources (“Director”). If approved, the Director will then present the information to the President. If approved by the President, the agreement will be signed by the employee, the employee’s immediate supervisor, the Director and the President. The agreement will be included as an addendum to the employee’s employment contract.
The employee must designate a workspace at his home or other alternative work site. The employee must protect the workspace from any known hazard or danger that could affect College equipment or the employee. The College may require the employee to provide a picture of the designated work area.
If a teleworking employee is injured in his/her workspace, the employee will immediately alert his/her supervisor no later than the end of the next business day. The employee consents to allow the College or its designee to inspect the workspace after a reported accident.
In the event the College or the employee wishes to discontinue the teleworking arrangement, the College shall determine whether the employee will remain an employee with the College and work on-site. If appropriate, a cross-training period with a replacement will commence for thirty (30) days. This period will give the College time to allocate a replacement employee and give the remote employee ample time to train and transfer duties to the individual. All equipment owned by the College will be returned by the end of the transition period.
This policy does not apply to teleworking as an Americans with Disabilities Act (ADA) or Pregnant Workers Fairness Act (PWFA) accommodation. If teleworking is considered a reasonable accommodation pursuant to the ADA or PWFA, the College will follow its ADA or PWFA process with respect to such accommodation. In addition, employees with disabilities and employees with pregnancy-related limitations who are required or permitted to telework by the College will be provided reasonable accommodations as necessary to fulfill their job duties while teleworking.
Legal References: Americans with Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt. 35; Consolidated Appropriations Act, P.L. 117-328, div. II – Pregnant Workers Fairness Act
Adopted: October 11, 2023