Chapter V Human Resources
Chapter V Human Resources
B5.1 Statement of Ethics for Faculty, Exempt and Nonexempt Staff: It is the policy of Del Mar College to apply the highest ethical standards to all members of the College community, including the Board of Regents, administration, staff, and faculty, in achieving its mission and in managing its resources efficiently and effectively to reach its goals and objectives.
B5.1.1 Protection of Rights and Development: College policies and practices that protect the rights and development of each individual in the College community shall be enforced. Protection from unlawful discrimination, including conduct that constitutes sexual misconduct, and freedom to develop as a student and/or College employee shall be promoted.
B5.1.2 Acceptance of Responsibilities: Del Mar College accepts its responsibilities to its students, to its employees, and to the members of the community. The College district is committed to meet these responsibilities with balance, fairness, accountability, and ethical integrity.
A5.1.3 Ethics Policy Acknowledgement: All employees shall review and sign a Policy Acknowledgement Statement as part of their new hire packet.
A5.2 Employee Classification
"Employee classification" and "employee group" are synonymous terms. The term "regular" refers to budgeted half-time (1/2-time), three-quarter-time (3/4-time), and full-time positions. All employees of Del Mar College are employed in one of the categories listed below:
A5.2.1 Faculty: The term "faculty" means personnel with specialized training in these respective fields: teaching, counseling, and librarianship.
A5.2.1.1 Ranked faculty are tenure-track full-time regular teachers, counselors, or librarians who hold a continuing budgeted position within a department as Instructor, Assistant Professor, Associate Professor, or Professor. Ranked faculty are eligible for tenure and promotion upon fulfillment of the appropriate requirements.
A5.2.1.2 Unranked faculty are non-tenure-track faculty, Academic Fellows, and Assistant Instructors. Unranked faculty are not eligible for tenure or rank.
A5.2.1.2.1 Assistant Instructors are persons contracted to assist with the instructional process.
A5.2.1.2.2 Academic Fellows are persons contracted under the Academic Fellowship program and are teachers of record for assigned classes.
A5.2.1.2.3 Adjunct faculty are persons contracted to teach a specific class or classes for a specific enrollment period on a part-time basis.
A5.2.1.2.4 Term Instructors are persons hired to teach a full-load during a semester due to increased enrollment and/or to temporarily fill a vacated position. Term Instructors are benefit eligible during their employment and are non-contracted employees.
A5.2.2 Exempt Personnel: Exempt personnel include non-faculty employees in administrative and professional positions having duties and responsibilities which involve administration and supervision in the management and direction of a division or department, and such other positions as are approved by the Chief Executive Officer (CEO) and which meet the FLSA standards for exemption from overtime, not including faculty.
A5.2.3 Nonexempt Personnel: Personnel paid on an hourly basis in positions which have been graded within the College's classification system and which do not meet the FLSA standards for exemption from overtime.
A5.2.4 Unclassified Personnel: Personnel paid on an hourly basis, serving in a support or office function in a position that has not been placed within the clerical or support classification systems.
A5.2.4.1 Regular Unclassified: Personnel, paid on an hourly basis, serving in a support or office function in a position that has not been placed within the clerical or support classification systems.
A5.2.4.2 Occasional Part-Time Unclassified: Personnel, paid on an hourly basis, serving in a support or office function on an occasional and part-time basis, as needed.
A5.2.4.3 Student Workers: Students who are participating in the College Work-Study Program or Student Assistants Program. These programs are coordinated by the Financial Aid Office.
A5.2.4.4 Student Assistants: Students who are employed by the college to assist departments and are funded through institutional funds. This program is coordinated by the Office of Human Resources.
B5.3 Employment Practices: Del Mar College is an Equal Opportunity/Affirmative Action Employer. As provided by law, Del Mar College does not discriminate on the basis of race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, or any other constitutionally or statutorily impermissible reason.
B5.3.1 The District's Compliance Officer: The District designates the employee who at any time employed as the Chief Human Resources Officer (CHRO) as the District's Compliance Officer, who shall coordinate and oversee the District's efforts to comply with:
B5.3.1.1 Title VII of the Civil Rights Act of 1964, 42 USC 2000e, et seq, as amended, and its progeny and implementing regulations;
B5.3.1.2 Title IX of the Education Amendments of 1972, 20 USC 1681(a) et seq, as amended, and its progeny and implementing regulations;
B5.3.1.3 Title II of the Americans with Disabilities Act of 1990, 42 USC 12101-12117, as amended, and its progeny and implementing regulations;
B5.3.1.4 The Age Discrimination in Employment Act of 1967, 29 USC 621, et. seq., as amended, and its progeny and implementing regulations;
B5.3.1.5 The Fair Labor Standards Act of 1938, 29 USC 201, et. seq., as amended, and its progeny and implementing regulations;
B5.3.1.6 The Family Medical Leave Act of 1993, 29 USC 2601, et. seq., as amended, and its progeny and implementing regulations; and
B5.3.1.7 Texas Commission on Human Rights Act of 1983, Chapter 21, Texas Labor Code, as amended, and its progeny and implementing regulations.
B5.3.2 The District's Complaint Coordinator: The District designates the employee who at any time is employed in the position of Director of Human Resources as the District's Complaint Coordinator, who shall assist the Compliance Officer in the performance of duties.
B5.3.3 Obligation of Notification: The Chief Executive Officer (CEO) of the College is charged with the obligation of notifying all employees of the name, office address, and telephone number of the Compliance Officer and the Complaint Coordinator.
B5.4 Affirmative Action Policy: The purpose of the Affirmative Action Program is to comply with the requirements of Executive Orders 11246, 11375, future orders or statutes, and to provide equal opportunity in a results-oriented system of employment and all other personnel functions at Del Mar College.
B5.4.1 Commitment/Obligation: The Board of Regents and the Chief Executive Officer (CEO) of the College recognize a moral commitment and a legal obligation to provide equal opportunity in promotion for all employees and in employment of applicants in compliance with Executive Orders 11246 and 11315, the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and Revised Order No. 4, the Rehabilitation Act of 1973, and the Veterans' Readjustment Act of 1974.
B5.4.2 Goals: The College will seek actively to increase the number of qualified minority personnel at all levels by taking affirmative action in order that applicants and employees are treated, as provided by law, without regard to race, color, sex, (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, or any other constitutionally or statutorily impermissible reason.
B5.4.2.1 Affirmative action efforts, based on the personal commitments of administrators, faculty, and supervisory staff, will be continuous; progress will be monitored through an accountability system.
B5.4.2.2 Efforts will be made at all levels of the College to develop support for the philosophy and implementation of the Affirmative Action Policy.
B5.4.2.3 From time to time the Board will approve recommended goals for faculty hiring by discipline. Such goals will become a part of this policy and will be filed in the documents section of the Official Minutes Book of the Board.
B5.4.2.4 For some disciplines the next available position should remain open until the applicant pool includes qualified minority candidates. "Position to remain open" means that if no minority applies during the first advertisement, the College may extend the filing deadline or re-advertise the position. The CEO will direct the application of this policy in such a manner that no position remains open to the detriment of the students.
B5.4.3 Responsibility: Overall responsibility for the program rests with the CEO of the College, who will be aided by the Vice Presidents, Deans, Department Chairs, and other supervisory personnel. The Chief Human Resources Officer (CHRO) has the responsibility for monitoring the program with the assistance of the Director of Human Resources.
B5.4.4 Practices: In its continuing efforts to be a fair employer, the College will be guided by the following equal employment practices:
B5.4.4.1 As provided by law, the College will provide qualified applicants an opportunity to enter, and continue in, College employment without regard to race, color, sex(including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, or any other constitutionally or statutorily impermissible reason.
B5.4.4.2 The College will seek to employ that person who is best qualified and who is most suited for a particular position.
B5.4.4.3 The College will endeavor to compensate each employee in an equitable manner in line with approved job duties and responsibilities.
B5.4.4.4 The College will not exclude a disabled person who is qualified from participating in, deny the benefits of, or otherwise subject such a person to discrimination in employment or in the programs and activities of the College. In addition, the College will comply with the provisions of the Americans With Disabilities Act, as amended.
B5.4.4.5 The College will give special emphasis in employment of veterans when two (2) or more applicants for employment possess equal qualifications.
B5.4.4.6 The College will endeavor, whenever consistent with other provisions of the policy, to give priority to Del Mar employees who apply for vacant positions and, to this end, may first consider promotion of employees from within before announcing employment opportunities to the public.
B5.4.4.7 To increase diversity in the work force, the CEO may choose to promote from within, using any procedures the CEO deems appropriate and consistent with the intent of this policy.
B5.4.5 Application to Situations: The Affirmative Action Policy shall apply, but not be limited, to the following situations: employment, promotion, upgrading, demotion, reassignment, recruitment and recruitment advertising, lay-off or termination (except as otherwise provided by other policies of the Board of Regents), rates of pay or other forms of compensation, and selection of training, including apprenticeships.
B5.5 College Academic Fellowship Program: The purpose of the Del Mar College Academic Fellowship Program is to recruit and develop a cadre of qualified individuals who have limited experience in college teaching, counseling, and librarianship.
A5.5.1 Goals: The College will seek to actively recruit and hire a limited number of individuals on a one-year appointment.
A5.5.1.1 Efforts will be made at all levels of the College to develop support for the philosophy, implementation, and operation of the Fellowship Program.
A5.5.2 Responsibility: It shall be the responsibility of each department to notify administration annually of any anticipated vacancies eligible for the program by submitting a request each year prior to the anticipated employment date. Based on anticipated faculty vacancies and the College's efforts to improve the recruitment of qualified individuals with limited experience in college teaching, the Chief Executive Officer (CEO), the Chief Academic Officer (CAO), and the instructional deans will determine annually programs and disciplines that may recruit for an Academic Fellow.
A5.5.2.1 The respective department will provide a job description for each projected vacancy for recruitment purposes.
A5.5.2.2 The respective department will assign a mentor to each participant.
A5.5.2.3 The respective department will develop a plan for teaching effectiveness.
A5.5.2.4 The respective department will evaluate participants in accordance with the College's annual faculty evaluation procedures.
A5.5.3 Selection Process: The selection process will be in accordance with Del Mar College screening process B6.16.
A5.5.3.1 The committee will screen and recommend to the CEO candidates for hire.
A5.5.3.2 Any applicant having more than three years of full-time college teaching, counseling, or librarianship experience will not be eligible to participate in the program.
A5.5.4 Advertising: The program will be advertised widely including through minority and women's publications. Written and personal contact will be made with selected graduate programs that have a substantial minority enrollment.
A5.5.5 Fellowship Employees: All Academic Fellows employed under the Fellowship Program will be classified as instructors of record.
A5.5.6 Condition of Employment: Based on the department's recommendation and continued need, an Academic Fellow may be offered an expiring term contract (nine [9] or twelve [12] months) on an annual basis up to a maximum of three years.
A5.5.7 Salary Range: The salary range will be comparable to that of similar positions within the faculty or academic staff structure.
A5.5.7.1 Academic Fellows assigned to teach will be paid on the same scale as term instructors.
A5.5.7.2 Academic Fellows will be entitled to the same fringe benefits provided for all other full-time temporary employees.
A5.5.8 Conversion to Tenure-Track Status: An Academic Fellow may be considered for noncompetitive conversion to tenure-track faculty status based upon previous competition for an Academic Fellow appointment. Conversion is at the sole election of the College and there must be approval of a tenure-track position. To be eligible for consideration to converted tenure-track status, the Academic Fellow must not have a break in service with the College under the Academic Fellow appointment and must have demonstrated teaching competency during employment as an Academic Fellow and receive recommendation from the department chair. Academic Fellows, either expressly or by implication, do not have a right of conversion to tenure-track faculty status or any expectancy of continued employment beyond an expiring term appointment. Any such conversion is subject to and contingent upon an offer of a probationary tenure-track appointment by the College CEO. Number of years of service as an Academic Fellow is not transferable upon the College CEO’s offer, and an Academic Fellow's acceptance, of a probationary tenure-track appointment. Creditable years of service related to salary, promotion, and tenure must be accrued while in a probationary tenure-track status.
B5.6 Selection Procedures: The Administration shall develop policies and procedures for the recruitment and employment of personnel in order to meet the needs of the College and to comply with the Affirmative Action Policy.
A5.6.1 Scope of Search: Nonexempt personnel will normally be recruited from within the Corpus Christi area. In an effort to provide an opportunity to obtain applications from minorities, the search for faculty and exempt personnel normally will be conducted statewide and/or nationwide.
A5.6.2 Personnel Requisition/Position Justification: The first step in recruitment will be the completion of a "Personnel Requisition" form and a "Position Justification" form by the supervisor or the Dean, as appropriate. The forms should be completed in duplicate, with the original sent to the Office of Human Resources and Equal Opportunity/Affirmative Action and the copy retained by the originator.
A5.6.3 Advertisements: Upon receipt of the above named forms, after justification has been verified (for both new employees and replacements) and budgetary provisions have been made, view the Office of Human Resources and Equal Opportunity/Affirmative Action website, wi ll advertise the position.
A5.6.3.1 The job announcement will include, at least, (1) listing with the Texas Employment Commission, (2) advertising through the College Relations Office in the local newspaper with the advertising charged to the appropriate division (optional for nonexempt personnel), (3) listing with appropriate community action agencies, and (4) posting on appropriate bulletin boards.
A5.6.3.2 In addition, the Dean, Department Chair, or supervisor may contact possible sources of professional applicants, particularly minority applicants, both within and outside the State. These College officers may advertise in national publications of the appropriate discipline.
A5.6.3.3 All listings will specify reasonable and pertinent minimum requirements for the position, but may include preferred qualifications.
A5.6.3.4 The Office of Human Resources and Equal Opportunity/Affirmative Action will respond to unsolicited applications for professional positions and keep credentials on file for at least six (6) months.
A5.6.4 Applications: Applicants should complete the standard College application form available in the Office of Human Resources and Equal Opportunity/Affirmative Action website, where all applications for employment are processed.
A5.6.5 Selection Guidelines: Credentials of applicants meeting minimum job requirements will be referred to the supervisor, Department Chair, or Dean for careful screening and thorough documentation and for interview and selection.
A5.6.5.1 Records should include a listing of all applicants, an accurate recording of the qualifications of each applicant, and the reasons for the selection of the successful applicant on the basis of qualifications relevant to the position and on the basis of nondiscrimination in accordance with the terms of the Affirmative Action Policy.
A5.6.5.2 The appropriate Vice President, the Director of Human Resources and Equal Opportunity/Affirmative Action, and the CEO will review recommendations for employment.
A5.6.5.3 Once the CEO has approved the recommendation in writing, the supervisor, Chair, or Dean will confer with the Director of Human Resources and Equal Opportunity/Affirmative Action about informal notification of both the successful and unsuccessful applicants.
A5.6.5.4 The Director of Human Resources and Equal Opportunity/Affirmative Action will formally notify all unsuccessful applicants of the status of their applications and retain their credentials in the Director's office.
A5.6.6 Contracts/Records: The Office of Human Resources and Equal Opportunity/Affirmative Action will prepare a contract for full-time faculty and exempt personnel. An Employment and Change of Status form will be used to initiate the hiring or change of status exempt personnel, nonexempt personnel, full-time faculty, and unclassified part-time hourly personnel. The Office of Human Resources and Equal Opportunity/Affirmative Action will create a personnel file, which includes transcripts, letters of recommendation, copies of appointment papers, salary sheets, and application for employment.
B5.7 Nepotism: Public officials may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds or fees of office if the individual is related to a member of the Board of Regents (board) of Del Mar College (college). It is the policy of the college that employees who have authority to make or confirm appointments be held to this same standard.
A5.7.1 Definitions:
Affinity – Two individuals are related to each other by affinity if (1) they are married to each other; or (2) the spouse of one of the individuals is related by consanguinity to the other individual. The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives. (See Tex. Gov’t Code § 573.024.)
Consanguinity – Two individuals are related to each other by consanguinity if (1) one is the descendant of the other; or (2) they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose. (See Tex. Gov’t Code § 573.022.)
A5.7.2 Procedures and Responsibilities:
A5.7.2.1 According to state nepotism laws, a public official, including a member of the college board, may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds if the individual is related to the board member within the third degree by consanguinity (blood) or the second degree by affinity (marriage).
A5.7.2.1.1 The following persons are relatives of the board member within the third degree by consanguinity (blood):
- Parent
- Child
- Brother
- Sister
- Grandparent
- Grandchild
- Great-grandparent
- Great-grandchild
- Aunt (sister of parent)
- Uncle (brother of parent)
- Nephew (son of brother or sister)
- Niece (daughter of brother or sister)
A5.7.2.1.2 The following persons are relatives of the board member within the second degree by affinity (marriage):
- Spouse
- Spouse’s child
- Spouse’s mother or father
- Spouse’s brother or sister
- Spouse’s grandparent
- Spouse’s grandchild
- Child’s spouse
- Parent’s spouse
- Brother or sister’s spouse
- Grandparent’s spouse
- Grandchild’s spouse
A5.7.2.1.3 For purposes of state nepotism laws, an adopted child is treated as the natural child of the adoptive parents.
A5.7.3 The nepotism prohibition does not apply to an appointment, confirmation of an appointment, or vote for an appointment or confirmation of an appointment of an individual if the individual is employed in the position immediately before the appointment of the board member to whom the individual is related in a prohibited degree, and such prior employment is continuous for at least thirty (30) days. However, if the person related to a board member continues in such a position, the board member may not participate in any deliberation or voting on the appointment, reappointment, confirmation of the appointment or reappointment, employment, reemployment, change in status, compensation, or dismissal of the related individual if that action applies only to that individual and is not taken regarding a bona fide class or category of employees.
A5.7.4 Although the definition of “public official” in state nepotism laws does not include employees of institutions of higher education, it is the policy of the college that employees who have authority to make or confirm appointments be held to the standard described in Section A5.7.2 of this policy.
A5.7.5 Supervision of Relatives:
A5.7.5.1 Departments or comparable administrative units may employ individuals who are related as spouse, as parent-child, or as sibling provided that neither relative has responsibility for direct or indirect supervision of the other, or authority over any term or condition of the other’s employment, including salary or wages.
A5.7.5.2 The conditions described in Section A5.7.5.1 apply to both initial appointment and continuation of employment.
A5.7.5.3 If either of the conditions listed in Section A5.7.5.1 exist, employment may be authorized by the CEO of the college.
A5.8 Qualification Testing: Appropriate tests may be required to determine qualifications of applicants.
A5.9 Employment Physical Examination Policy:
A5.9.1 Requirements: A job-related physical examination, including X-rays and laboratory studies by a physician designated by the College, is required of candidates selected for positions classified as labor intensive. All offers of employment shall be conditional upon the results of the physical examination.
A5.9.2 Purpose: Physical examinations will not be the sole basis for making personnel decisions. The purpose of these examinations shall be to determine if candidates are reasonably able to perform the duties of the position for which they have applied. No qualified handicapped individual shall, solely by reason of handicap, be excluded from employment, in accordance with State and federal law. Del Mar College will not engage in unlawful discrimination against the handicapped.
A5.9.3 Labor Intensive Positions: Positions classified as labor intensive are those positions that may require extensive manual labor such as frequent lifting or handling of equipment.
A5.9.3.1 The following positions are categorized as labor intensive: audio visual clerk, a/c helper, custodian, carpenter, delivery person, electronic technician, electrician, general foreman, general maintenance mechanic, equipment manager, hvac mechanic, painter, plumber, custodian foreman, superintendent, storekeeper, warehouse foreman, warehouse worker, yard worker, and all other positions that may be designated by the College as labor intensive.
A5.9.4 Procedure: The Office of Human Resources and Equal Opportunity/Affirmative Action website will be responsible for scheduling new employment physical examinations for top candidates.
A5.9.4.1 Upon completion of the Physical Examination Consent form, top candidates will be scheduled for a new employment examination.
A5.9.4.2 Results of the examination will remain confidential and shall be available only to those College officials with bona fide need for such information.
A5.9.4.3 Upon written request to the Director of Human Resources and Equal Opportunity/Affirmative Action, an applicant will be given the results of the applicant's new employment examination.
A5.9.4.4 Back X-rays (3 views) and chest X-rays (AP and lateral) will be required of top candidates for any position classified as labor intensive. Upon the discretion of the College's designated physician and confirmation of the Director of Human Resources and Equal Opportunity/Affirmative Action, a five (5) view X-ray may be taken.
A5.9.4.5 Top candidates will be required to comply with the recommendations of the College's designated physician as a condition of employment.
A5.9.4.6 The College's designated physician will make a recommendation to the Director of Human Resources and Equal Opportunity/Affirmative Action with respect to handicapped individuals as to whether or not the top candidate is reasonably capable of performing all the essential elements of the job, and if not, whether or not reasonable accommodation to a candidate's handicap can be made so that with such accommodation the top candidate can perform all the essential elements of the job.
B5.10 Types of Employment Relationships Permitted:
B5.10.1 Continuing Contract: An employee who receives a continuing contract shall be entitled to continue in the employ of the District, without the necessity of annual reappointment, until such time as the employee elects to resign or retire, or is discharged for cause, all in accord with the then existing Board Policy. Continuing Contracts may be issued only to full-time, tenured faculty members.
B5.10.2 Renewing Term Contract: An employee who receives a Renewing Term Contract shall be a year-to-year (one contract year) employee of the District whose contract shall continue on a contract year-to-year basis until such time as the employee is discharged for good cause, is non-renewed, or is granted tenure by the District, or the employee elects to resign or retire, all in accord with the then existing Board Policy. Renewing Term Contracts may be issued only to full-time, non-tenured faculty members. If the employee is not given written notice by the Chief Executive Officer (CEO) in accord with the policy on non-reappointment of probationary faculty, then his contract shall automatically be renewed for another contract year.
B5.10.2.1 Chairs, Deans and the Chief Academic Officer (CAO) may consult with the Chief Executive Officer (CEO) of the College regarding the renewal or non-renewal of the one year contract of probationary, tenure track faculty. Decisions to renew or non-renew the one year contract of probationary, tenure-track faculty shall be in the discretion of the CEO of the College. Probationary, tenure-track faculty shall have no right, expectancy, claim, or entitlement beyond the one year period of time specified in the contract. Prior renewals of the probationary renewing term contract do not establish a right, expectancy, claim, or entitlement to employment beyond the period of time specified in the contract.
B5.10.2.2 Probationary, tenure track faculty may grieve non-renewal decisions as provided by B5.43.
B5.10.3 Expiring-Term Contract: An employee who receives an Expiring-Term Contract shall have no right, expectancy, claim, or entitlement to employment beyond the period of time specified in the contract. The contract will lapse, terminate, and expire at the end of the specified term, and employment will discontinue, unless the contract is sooner terminated by the discharge for cause, resignation, or retirement of the employee in accord with the then existing Board Policy. Academic Fellows, Assistant Instructors, term faculty (non-tenure track), and Exempt personnel are customarily employed under an expiring term contract basis.
B5.10.3.1 Full-time Exempt personnel on an expiring term contract will be notified by the Chief Executive Officer (CEO), no later than April 15 of each calendar year, of their appointment status for the forthcoming academic year. Further, contracts will be distributed no later than May 15 of the calendar year.
A5.10.3.1.1 . To initiate a recommendation for an expiring term contract for the forthcoming year, supervisors must provide a signed performance evaluation of Exempt employees and a recommendation of employment status to the CEO by March 15 of the calendar year.
B5.10.3.2 Notification for assistant instructor and term faculty can be found in B6.8.7 , and in B6.7.3 for probationary faculty.
B5.10.4 At-Will Employment: An employee who is employed on an at-will basis shall be employed for an unspecified length of time; shall serve solely at the will of the District; and shall have no right, expectancy, claim, or entitlement to continued employment by the District. The employee's employment may be terminated at any time upon one (1) day's notice to the employee by the immediate supervisor. Adjunct faculty, regular nonexempt personnel in positions that are classified by grade, regular unclassified personnel, hourly personnel, and occasional part-time personnel are customarily employed on an at-will basis.
B5.11 Universal Conditions of Employment:
B5.11.1 Employment and Contractual Relationship: The relationship between the District and each employee of the District is subject to all State and federal laws, Board Policy, and Administrative Policy as they presently exist or as they may be modified or amended from time to time and at any time hereafter. All contracts between the District and each employee of the District to whom a contract is extended, shall be subject to the condition hereto stated and all written contracts shall include this condition either by restatement or incorporation by reference.
B5.11.2 Assignment and Reassignment: Subject to the limitations imposed in Chapter VI, the Chief Executive Officer (CEO) of the College shall have full power and authority at any time and from time to time to assign or reassign any employee of the District to any position which the CEO deems to be in the best interest of the District. Reassignment during a contract period shall be accomplished without reduction in salary or benefits for the reminder of such contract period only.
B5.11.3 Discharge Appeals: No employee shall be discharged from the employ of the District for any reason which is prohibited by the constitutions, statutes, or common law of the United States or the State of Texas. If an employee believes that he or she has been terminated in violation of this paragraph, that employee shall be entitled to contest such decision by the timely filing of a Discharge Appeal Form in accord with paragraph B5.12.2.2.1 . Such Contest Form shall contain a clear and concise statement of the facts, circumstances, and grounds upon which such employee relies to support such charge. Such charge shall be processed as provided in paragraphs B5.12.2.2 through B5.12.2.7 below.
B5.11.3.1 The discharge appeal process is not available to those employees who appeal or grieve a discharge as provided by any other process in these policies where the employee has an opportunity to appeal or grieve the discharge based on an allegation that he or she has been discharged for any reason which is prohibited by the constitutions, statutes, or common law of the United States or the State of Texas.
B5.11.4 Discharge for Cause: The reasons hereafter listed shall constitute cause for discharge of tenured faculty, discharge of probationary faculty prior to the specified end date of their one-year contracts, and discharge of employees with unexpired, expiring term contracts. A decision to non-renew a renewing term contract or to allow an expiring term contract to lapse are not defined as discharges and therefore not subject to this policy section.
B5.11.4.1 Unprofessional conduct.
B5.11.4.2 Sexual Misconduct, discrimination and, or harassment of an employee, student, or applicant for a position or program at the College, or retaliation against a person for complaining of sexual misconduct, discrimination and, or harassment or for cooperating in an investigation of alleged sexual misconduct, discrimination and, or harassment. (For definitions of sexual misconduct, discrimination, harassment and retaliation as referenced herein and a statement of College policy and complaint procedures relating to sexual misconduct, discrimination, harassment and retaliation see B5.50, B5.51., and B9.1)
B5.11.4.5 Conviction of any felony.
B5.11.4.6 Repeated failure to comply with official directives, established Board Policy, or Administrative Policy.
B5.11.4.7 Physical or mental incapacity preventing performance of the contract of employment.
B5.11.4.8 Repeated, willful, and serious dereliction of duty.
B5.11.4.9 Assault of an employee of the District, a student of the District, or a parent or legal guardian of a student of the District.
B5.11.4.10 Violation of the District's Drugs and Alcohol Policy.
B5.11.4.11 Deliberate violation of another's civil rights while performing assigned duties.
B5.11.4.12 Reduction in force as provided in Board Policy (B6.8).
B5.11.4.13 Failure to report for duty after all leave has been exhausted.
B5.11.4.14 Deliberate falsification of information contained in the employee's application for employment.
B5.11.4.15 Deliberate falsification of any document in connection with employee's employment relationship with the District or in connection with any District activity.
B5.11.4.16 Theft of District property.
B5.11.4.17 Driving a College vehicle while legally intoxicated or after using any illegal drugs.
B5.11.4.18 Violation of the District’s Policy Prohibiting Sexual Misconduct (B9.1).
B5.11.5 Grounds for Discharge of At-Will Employees: At-will employees serve solely at the will of the College and shall have no right, expectancy, claim, or entitlement to continued employment by the College. At-will employees may be discharged for any reason or no reason. The identification of grounds for the discharge of at-will employees does not change the employment relationship of at-will employees, nor does it create any property rights or expectation of continued employment. The following constitutes conduct that is unacceptable and may serve as grounds for discharge of at-will employees:
B5.11.5.1 Any reason enumerated in paragraph B5.11.4 above.
B5.11.5.2 Failure to comply with established Board Policies or Administrative Policies.
B5.11.5.3 Failure to correct deficiencies pointed out in written formal evaluations, supplemental memoranda, or other communications.
B5.11.5.4 Excessive unexcused absences.
B5.11.5.5 Removing District property, records, or confidential information from the District premises without proper authority.
B5.11.5.6 Refusal, failure, neglect, or inability to perform duties, responsibilities, or work assignments.
B5.11.5.7 Reprehensible conduct including excessive abusive and/or foul language.
B5.11.5.8 Failure or refusal to comply with reasonable District professional requirements regarding professional improvement and growth.
B5.11.5.9 Conducting personal economic affairs during work hours.
B5.11.5.10 Reasons specified in the employee's employment contract reflecting special conditions of employment.
B5.11.5.11 Deliberate misrepresentation of facts to a supervisor or District official in the conduct of District business.
B5.11.5.12 Services no longer required.
B5.11.5.13 Inefficiency or incompetency in the performance of duties.
B5.11.2 Assignment and Reassignment: Subject to the limitations imposed in Chapter VI, the Chief Executive Officer (CEO) of the College shall have full power and authority at any time and from time to time to assign or reassign any employee of the District to any position which the Chief Executive Officer (CEO) deems to be in the best interest of the District. Reassignment during a contract period shall be accomplished without reduction in salary or benefits for the reminder of such contract period only.
B5.12 Discharge, Nonrenewal, Termination, Release, or Discontinuance of Employment:
B5.12.1 Discharge of Tenured Faculty and Tenure-Track Faculty:
B5.12.1.1 The Department Chair, Dean, or the Chief Academic Officer (CAO) may initiate proceedings to discharge a faculty member who is tenured. The Department Chair, Dean, or the CAO may also initiate proceedings to discharge a probationary, tenure-track faculty member prior to the end of the one year period specified in the renewing term contract.
B5.12.1.2 Faculty members desiring to contest such action taken pursuant to B5.12.1.1, shall proceed directly under the Del Mar College Procedure for Dismissal for Cause of Faculty Policy (B6.9). This process does not apply to decisions by the Chief Executive Officer (CEO) to non-renew the renewing term contract of probationary, tenure-track faculty.
B5.12.2 Discharge of Expiring-Term Employees With Unexpired Contracts:
B5.12.2.1 In the case of an Expiring-Term employee with an unexpired contract, the immediate supervisor or any other superordinate in the chain of authority (hereafter called "Initiator") of any Expiring-Term employee ("employee") may institute the discharge, prior to the expiration date of the expiring-term contract, of any subordinate for any permissible reason stated in these policies by submitting such recommendation in writing to the Initiator's immediate supervisor. The recommendation shall set forth all relevant factual material upon which the recommendation is based. A copy of such recommendation shall be forwarded to the employee.
B5.12.2.2 Employees desiring to contest such proposed discharge must proceed as follows:
B5.12.2.2.1 Step One: The employee must file a Discharge Appeal Form (hereafter called "Contest Form") with the immediate supervisor of the Initiator (hereafter called "First Reviewer") within five (5) days after receipt of notice of proposed discharge. Such Contest Form is available in the Office of Human Resources and Equal Opportunity/Affirmative Action. The First Reviewer shall conduct a hearing on the matter in accord with the hearing procedure described in paragraph B5.12.2.6 below and render a written decision to the employee and the Initiator within ten (10) days after completion of the hearing.
B5.12.2.2.2 Step Two: If the employee or the Initiator desires to contest the decision of the First Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the First Reviewer, file written notice of appeal with the immediate supervisor of the First Reviewer (hereafter called "Second Reviewer"). The Second Reviewer shall conduct a review of the record made by the First Reviewer and render a written decision to the employee and the Initiator within ten (10) days after receipt of such notice of appeal.
B5.12.2.2.3 Step Three: If the employee or the Initiator desires to contest the decision of the Second Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Second Reviewer, file notice of appeal with the immediate supervisor of the Second Reviewer (hereafter called "Third Reviewer"). The Third Reviewer shall conduct a review of the record made by the First Reviewer and the decision of the Second Reviewer and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
B5.12.2.2.4 Step Four: If the employee or the Initiator desires to contest the decision of the Third Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Third Reviewer, file notice of appeal with the immediate supervisor of the Third Reviewer (hereafter called "Fourth Reviewer"). The Fourth Reviewer shall conduct a review of the record made by the First Reviewer and the decisions of the Second and Third Reviewers and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
B5.12.2.2.5 Step Five: If the employee or the Initiator desires to contest the decision of the Fourth Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Fourth Reviewer, file notice of appeal with the immediate supervisor of the Fourth Reviewer (hereafter called "Fifth Reviewer"). The Fifth Reviewer shall conduct a review of the record made by the First Reviewer and the decisions of the Second, Third, and Fourth Reviewers and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
B5.12.2.3 If, at any time during the appeal process, the employee or Initiator fails to timely perfect notice of appeal to the next reviewer, the decision of the last reviewer shall be final, binding, and non-appealable.
B5.12.2.4 During the pendency of the appeal process, the employee may be suspended with or without pay upon the recommendation of the Initiator or at the election of any reviewer in the appeal process. If a final decision is rendered in favor of any employee who has been suspended without pay, then any pay withheld shall be restored to such employee .
B5.12.2.5 If the last day of the required time falls on a Saturday, Sunday, or College holiday, then the time shall be automatically extended until 5 p.m. of the next College workday. Extension of time limits for any step may be authorized by the Chief Executive Officer (CEO) of the College upon written request of any party involved.
B5.12.2.6 The procedure for conducting the hearing required in paragraph B5.12.2.2.1 above shall be as follows:
B5.12.2.6.1 The hearing shall be held within fifteen (15) days after receipt of the Contest Form, unless the parties mutually agree to a delay.
B5.12.2.6.2 The employee shall be given notice of the hearing date, as well as the names of any witnesses who may be relied upon by the Initiator and a general statement of the nature of the testimony of each.
B5.12.2.6.3 The hearing shall be conducted privately unless the employee requests that it be open. If the hearing is conducted privately, only the First Reviewer, the employee, the Initiator, and their representatives and witnesses may be present. Witnesses may be excluded from the hearing until it is their turn to present evidence. The employee and the Initiator may each be represented by a person designated in writing to act for them. Notice, at least two (2) days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.
B5.12.2.6.4 The reviewer shall control the conduct of the hearing, the general order of which shall be as follows:
B5.12.2.6.4.1 The Initiator shall present such proof by documents or testimony that the Initiator desires to offer.
B5.12.2.6.4.2 The employee may cross-examine any witnesses offered by the Initiator.
B5.12.2.6.4.3 The employee may present such testimony or documents as desired to support the employee's position or to rebut that of the Initiator.
B5.12.2.6.4.4 The Initiator may cross-examine any witnesses offered by the employee and offer rebuttal testimony to any of the employee's witnesses.
B5.12.2.6.4.5 Closing arguments may be made by each party.
B5.12.2.6.5 A record of the hearing shall be made so that it may be forwarded to the next reviewer, if appropriate.
B5.12.2.6.6 The reviewer shall render a decision within ten (10) days after completion of the hearing and deliver a copy to the employee and the Initiator.
B5.12.2.7 A t one of the steps in the foregoing process, the Reviewer may be the Board of Regents of Del Mar College (hereafter called "Board"). When the Board renders its decision, the process terminates and the decision of the Board is final, binding, and non-appealable.
B5.12.3 Discharge of At-Will Employees:
B5.12.3.1 At-will employees serve solely at the will of the College and shall have no right, expectancy, claim, or entitlement to continued employment by the College. At-will employees may be discharged for any reason or no reason.
B5.12.3.2 At-will employees may grieve a discharge decision as provided by B5.43
A5.13 Job Duties and Responsibilities: Employees are expected to know and perform the duties and responsibilities of their position in a timely and professional manner.
A5.13.1 Instructional Faculty Schedules: Instructional faculty begin duty each fall term on the Faculty Return Day for the fall semester. Work schedules for instructional faculty resume for the spring semester on the spring Faculty Return Day and carry through the date of commencement in May or the date that grades are due in the Office of Admissions and Registrar, whichever is later, as posted in the College’s Academic Master Calendar. Instructional Department Chairpersons who are appointed for a 12-month period will work during all weeks that College campuses are open, excluding approved vacation leave.
A5.13.2 Supervisors and Managers: Supervisors and managers are expected to successfully perform the scope of duties of the position, including the oversight and management of their departments or units and the employees for whom they are accountable. In order to be fully informed on College policies and procedures, supervisors and managers must attend, on a biennial basis, a series of mandatory training sessions developed and presented through the Office of Human Resources and Equity Opportunity/Affirmative Action. New supervisors receive the required training during their first year of appointment.
A5.13.3 Professional Development: The College takes proactive measures to ensure that each full-time employee is successfully performing his or her job duties through, but not limited to, the creation and implementation of professional development activities. Supervisors shall track and ensure that each year every full-time employee participates in at least four hours of professional development activities appropriate to the employee’s position and beneficial to the College. Supervisors have the authority to direct their full-time employees to attend specific training sessions.
A5.14 Attendance and Punctuality: Employees are expected to be in attendance and to be punctual on their scheduled work days. Employees who are unable to be present on a scheduled work day must notify their supervisor.
A5.14.1 Employees are responsible for making decisions about their own health and safety. When employees makes a personal decision to not report to work when an official delay or closure has not been announced, the employees must notify their supervisors of any delays in their arrival and/or any absences in accordance with applicable department procedures and College policies. Employees are expected to take leave in accordance with College policy under these circumstances and supervisors are not required to offer alternate work schedules for such employees under these circumstances.
A5.14.2 When the College Chief Executive Officer (CEO) or designated official determines that continued operations of the College may affect the safety of employees who are at work and authorizes the dismissal of employees who are at work, those employees who are at work and who are dismissed will be eligible for authorized administrative absence.
A5.14.2.1 The College CEO or designee may grant administrative leave with pay for faculty, exempt, and nonexempt employees in regular budgeted College positions when their absence from work is caused by an officially designated delay or closure.
A5.14.2.2 Since the employee’s absence from work must be caused by the College, employees in an approved leave status during an officially designated delay or closure are not entitled to this type of administrative leave with pay and must use another type of applicable leave as approved, including but not limited to personal, sick leave, vacation, or leave without pay, during the pre-approved hours only.
A5.14.2.3 Non-faculty, part-time, hourly, at-will employees are not eligible for administrative leave with pay and are only paid for actual hours of work performed on the College campus in support of a sponsored college activity.
A5.14.2.4 All eligible college employees who are required to report their actual hours worked in Colleague's WebTime Entry will designate such administrative leave with pay on the College’s official form by designating a “CA” College Area closed or "CC" College Closed and submitting it for approval using the College’s approved procedures.
A5.14.3 Supervisors may require employees to be on-call while serving in an administrative leave with pay status. When in an on-call status, employees may be required to inform their supervisors as to how they can be reached in an emergency.
A5.14.4 A College supervisor may direct certain critical employees to remain at and/or return to work during an approved delay and/or closure. Under extenuating circumstances, a supervisor may direct off-duty employees to return to work while on vacation and/or personal leave during an approved delay and/or closure. These employees are in a recall status.
A5.14.4.1 Generally, Exempt employees and faculty are not entitled to or eligible for additional recall pay and are paid at their normal rate of pay as specified under their existing contract and/or agreement.
A5.14.4.2 Non-exempt employees are eligible for recall pay, to the extent applicable and as specified in this procedure. To compensate eligible non-exempt employees for the inconvenience of remaining or returning to work during an approved delay or closure, the College guarantees a minimum of four hours of pay (even if less time is required to complete the job) calculated at the employee’s computed overtime rate for the four hours or for the actual hours worked, whichever is greater. Time spent by the employee in route to or from the work site in response to a recall is not calculated as actual hours worked and is not included for the purpose of compensation.
A5.14.5 When a delay and/or closure is officially over, all employees are expected to report to work in accordance with this policy and/or other applicable College policies.
A5.15 Work Day and Work Week: Although the actual number of hours per day and days per week scheduled to be worked will vary among employees in order to meet the needs of the College, the following definitions will apply in computing the actual number of hours of vacation and leave time accrued and used by exempt and nonexempt personnel, counselors, librarians, and department chairpersons.
A5.15.1 Work Day: A work day consists of the equivalent of eight (8) working hours for a full-time employee, six (6) working hours for a three-quarter-time (3/4-time) employee, and four (4) working hours for a half-time employee.
A5.15.2 Work Week: A work week consists of forty (40) working hours for a full-time employee, thirty (30) working hours for a three-quarter-time (3/4-time) employee, and twenty (20) working hours for a half-time (½-time) employee.
B5.16 Authorization of Insurance and Annuity Products: Except for Internal Revenue Code Section 403(b) tax sheltered annuity and mutual fund products, described in Tex. Rev. Civ. Stat. Ann. Art. 6228a-5 (Vernon Supp. 1999), no insurance or annuity products may be offered to employees of Del Mar College in connection with any Del Mar College sponsored benefit program unless first submitted to and authorized for sale by Del Mar College in accordance with existing Board policies. Authorization by Del Mar College for sale to its employees does not constitute endorsement of such products by the College. Companies and persons desiring to submit matters for consideration by the Insurance and Benefits Committee should do so in writing before February 15th of each year.
B5.17 Group Medical and Hospitalization Insurance: Effective September 1, 2003, all eligible employees are provided group medical and hospitalization insurance benefits through the State Employee Retirement System (ERS) on the first day of the calendar month that begins after the first 90 days of eligible employment (Texas Insurance Code, sec. 1551.105). All regular employees who work half-time (½-time) or more and who meet requirements for membership in the Teacher Retirement System are eligible. Effective September 1, 2004, an adjunct faculty member is eligible to participate in the Group Benefits Program if the adjunct faculty meets the qualifications of Texas Insurance Code sec. 1551.1021. Adjunct faculty participation is offered at the adjunct’s full expense. College funds will not be used to pay premiums for adjunct faculty or dependents.
B5.17.1 Dependents: Employees who want their eligible dependents to be covered must make the additional payments for the coverage and comply with policies and procedures as established by Employee Retirement System.
A5.17.2 Enrollment: Before the end of ninety (90) days of employment, employees should enroll themselves and/or their dependents at the Office of Human Resources and Equal Opportunity/Affirmative Action. Further information is supplied by this office.
A5.17.3 Adjuncts: Effective September 1, 2013, an adjunct faculty is eligible to participate in the Group Benefits Program if the faculty member::
A5.17.3.1 receives compensation from Del Mar College as an adjunct faculty member;
A5.17.3.2 is scheduled to teach at least nine (9) semester credit hours in the academic year of coverage, or if also employed by Del Mar College to perform non-teaching duties, is under contract or is scheduled to teach at least six semester credit hours in the academic year of coverage and has been approved by Del Mar College to participate in the Group Benefits Program.
A5.17.3.2.1 An adjunct faculty member who is a professional librarian is eligible to participate in the group benefits program as an employee if the faculty member receives compensation for services rendered to Del Mar College as an adjunct faculty member.
A5.17.4 Discontinuance: When a regular employee loses coverage under the Group Benefits Program or an adjunct faculty’s assigned courses are ended, the employee has the opportunity to temporarily extend medical coverage through COBRA.
B5.18 Health Maintenance Organization Option: In lieu of group medical and hospitalization benefits, an eligible employee may choose an approved health maintenance organization, if any are available, in accordance with ERS policies and procedures. Coverage for eligible dependents must be under the same plan as the employee.
B5.19 Term Life Insurance: Each eligible employee is provided group term life insurance in the amount equal to one (1) times annual salary as defined by ERS, and a like amount of coverage is provided for accidental death and dismemberment. ERS policies and procedures apply.
B5.19.1 Employee Supplemental Coverage: Within thirty (30) days of employment, eligible employees have the option of adding supplemental term life insurance at the employee's expense. ERS policies and procedures apply.
A5.19.2 Optional Coverage: The employee may opt for a second (2nd) times annual salary without evidence of insurability. The options for third (3rd) and fourth (4th) times annual salary may be subject to evidence of insurability. ERS policies and procedures apply.
A5.19.3 Dependent Coverage: Group term life insurance is available in the amount of $5,000 for spouse and/or $5,000 for eligible dependents at a nominal cost to the employee. ERS policies and procedures apply.
B5.20 Long-Term Disability/Income Replacement: The College will provide long-term disability insurance as per ERS policies and procedures.
B5.21 Other Optional Benefits: The Board authorizes optional benefits, at employee expense, as follows:
B5.21.1 Other ERS Offered Optional Benefits: Other employee benefit programs such as short term disability/income replacement and dental insurance are available at the employee's option and expense. These ERS benefit programs as currently offered and as approved in the future are ERS mandated options to all eligible employees.
B5.21.2 Other College-Offered Optional Benefits: Additional employee benefit programs such as universal life insurance and Critical Care programs are available at the employee's option and expense. Additional benefit programs may be offered with approval of the College CEO and the Employee Retirement System.
B5.22 Participation of Companies in Optional Retirement Program: Supervision of operation of the Optional Retirement Program (ORP) has been delegated, at the State level, to the Texas Higher Education Coordinating Board (THECB). The Department of Human Resources shall develop and administer the Optional Retirement Program Vendor Specifications in designating companies eligible to offer qualified retirement products to eligible employees in ORP.
B5.22.1 Current Eligibility: Once a company has been declared eligible by the College to participate, it will remain eligible as an active or inactive member as long as it continues to meet the requirements of the College and the Coordinating Board.
B5.22.2 Future Eligibility: A company may request that it be designated as an active vendor with the privilege to market its products pursuant to the College's ORP Vendor Specifications. Each company will be required periodically to recertify that its ORP products and representatives are in compliance with the ORP Vendor Specifications. Each participating company will be designated as an active vendor or an inactive vendor.
A5.22.2.1 Items required for qualification are sent to the Department of Human Resources for approval.
A5.22.2.2 Participating companies provide their own application forms; eligible employees must complete the College ORP Salary Reduction Agreement form available from the Human Resources Department.
A5.22.2.3 Company forms must be signed by an authorized company representative.
A5.22.2.4 Companies modifying contracts, agreements, or products must notify participants of changes.
B5.22.3 Qualifications: Companies participating in ORP must be approved by the State Department of Insurance to do business in Texas and have on file with the State Department of Insurance a master contract which is approved for selling fixed or variable annuities and which meets the requirements of Sections 403(b) and 401(g) of the Internal Revenue Code, as amended. Companies offering mutual funds through custodial accounts for regulated investment company stock must be registered under the Investment Company Act of 1940 and its securities must be (1) registered under the Securities Act of 1933 and (2) be qualified, or otherwise registered, for sale by the Texas Securities Board, and all distributions must be made in conformance with the dealer registration requirements of the Texas Securities Act. The custodial account holding mutual funds must comply with Sections 403(b)(7) and 401 (f)(2) of the Internal Revenue Code.
B5.22.3.1 ORP products offered by the company must provide income tax deferment under Sections 403(b) and 401(g), or Sections 403(b)(7) and 401(f)(2), Internal Revenue Code, as amended.
B5.22.3.2 If a variable annuity contract is offered, the company must have (1) obtained an exception from the Federal Investment Company Act of 1940, or (2) complied with Securities Exchange Commission Regulation Section 270.6c7, exempting registered separate accounts offering variable annuity contracts to participants in the Texas Optional Retirement Program. Any group variable annuity product offered shall be fully qualified under the provisions of the Texas Insurance Code.
B5.22.4 Agreements: As part of their initial certification or their periodic recertification to be eligible to participate in ORP, companies must provide written certifications of their compliance with federal and state laws and regulations as provided in the College's ORP Vendor Specifications.
A5.22.4.1 While employed by the College, employees will not be permitted to obtain policy loans or otherwise obtain money from the Optional Retirement Program contract except upon attainment of age 70-1/2.
A5.22.4.2 Benefits from the ORP contract will be paid only upon suitable proof that the employee has died, retired, attained the age 70-1/2, or is no longer employed in an eligible institution of higher education in Texas. A change of company or a participant's transfer between institutions is not termination of employment.
A5.22.4.3 Contributions by the employee and the State shall be in amounts equal to those authorized or required by law.
A5.22.4.4 The State's first-year contributions, or fractional part thereof, will be refunded in full to the College in the event the employee does not begin a second (2nd) consecutive year of covered employment.
A5.22.4.5 The annuity commencement date, or distribution date, will be at an age specified by the participant, there being no "normal" retirement age at the College, provided that such date complies with the restrictions on distributions from an Optional Retirement Program under Section 830.001 et seq., Title 8 of Government Code, Vernon's Texas Codes Annotated, as amended, and with the distribution requirements for a tax-sheltered annuity under Section 403(b) of the Internal Revenue Code of 1986, as amended, and the regulations issued there under.
A5.22.4.6 Proposed modifications of previously approved contracts or new contract forms will be offered to College employees only after submission to and approval by the State Board of Insurance or the Texas Securities Board. The contracts will be amended or suitable endorsements will be prepared to reflect changes in requirements of State and federal laws, and evidence of such changes will be provided to the Department of Human Resources on a timely basis.
A5.22.4.7 All fees charged for ORP products by an active vendor on or after August 1, 2008 must not exceed the limits set forth in the ORP Vendor Specifications.
A5.22.4.8 Active vendors are required to provide Product/Investment Fee and Performance Disclosure information for each separate ORP product offered to eligible employees. This information will be provided for review by College employees via the Human Resources Department.
B5.22.5 Rules/Regulations: Companies must comply with Rules and Regulations of the Texas Higher Education Coordinating Board, the College's ORP Vendor Specifications, and related College policies including periodic reporting to the College and the employee.
B5.22.6 Failure to Comply: Companies that do not comply with present or future rules and regulations of the Texas Higher Education Coordinating Board, state and federal laws, the College's ORP Vendor Specifications, and related College policies will forfeit their status as active vendors and will not be eligible to market their ORP products to College personnel.
A5.22.7 List of Active and Inactive Vendors: Names of active vendors and inactive vendors are available in the Department of Human Resources.
A5.22.8 Solicitation: In compliance with the requirements of the Texas Higher Education Coordinating Board and the College's ORP Vendor Specifications, Del Mar College has established the following procedures relative to solicitation practices.
A5.22.8.1 Representatives from active vendors shall be permitted to make sales presentations to or consult with eligible employees on the premises of Del Mar College, but only at the employee's request, in consultation with the employee's supervisor, and at a time that does not interfere with the employee's duties; as guests of the employee and the administration, the representatives shall abide by the institution's applicable rules and regulations.
A5.22.8.2 Providing gifts and monetary rewards directly or indirectly by representatives of active vendors to obtain information on newly hired employees is prohibited.
A5.22.8.3 Representatives of active vendors shall be responsible for providing appropriate sales literature and service at locations as designated by the Del Mar College administration. Campus bulk mailing or telephone campaigning is prohibited.
A5.22.8.4 Del Mar College reserves the right to restrict or revoke the privileges of representatives from active vendors to market ORP products based on violations of solicitation regulations of this section, the College's ORP Vendor Specifications, and the other applicable rules and regulations of the College.
A5.22.8.5 College employees are not allowed to provide copying or typing assistance, notary services or other secretarial services to vendors or their representatives conducting business on College premises.
A5.22.9 Report to Participant: Each company which is either an active or an inactive vendor in the Optional Retirement Program must submit, at least quarterly, a report to each participant containing the information required by federal and state law, the rules and regulations of the Texas Higher Education Coordinating Board, and the College's ORP Vendor Specifications.
A5.22.9.1 For fixed annuity accounts: Name and address of participant; identifying number; total payments received this reporting period; expense charges this reporting period; net payments this reporting period; total value of account at end of this reporting period; interest rate or rates paid on this account from the previous reporting period to the current reporting period and where multilevel rates of interest were paid on account, a breakdown showing the amount in the participant's account at each level, the amount of interest earned at each interest level, and the rates of interest; net cash surrender value of account at the end of this reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of this reporting period.
A5.22.9.2 For variable annuity and custodial accounts: Name and address of participant; identifying number; total payments received this reporting period; units of each fund or investment or account purchased this reporting period; total units of each fund or investment or account in the account at end of this reporting period; value of unit of each fund or investment or account at end of this reporting period; total value of account at end of this reporting period; and net cash surrender value of account at end of this reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of this reporting period.
A5.22.9.3 In addition to the reports required by Sections A5.22.9.1 and A5.22.9.2, such companies must submit, at least quarterly, a report to each participant confirming the date and amount of funds received during the reporting period. Also, such companies must immediately upon execution of a transfer from one fund or investment or account to another fund or investment or account, submit a confirmation to the participant of the transfer, including a statement of charges made for the transfer, if any.
A5.23 Annual Report to the College: Each company which is either an active or an inactive vendor in the Optional Retirement Program must submit an annual product/investment fee and performance disclosure report to Del Mar College.
A5.24 Contributions to Carriers: Optional Retirement Program contributions shall be forwarded to eligible active vendors via electronic funds transfer on or about the first business day of each month, or via paper check within ten (10) business days of the legal availability of funds. Where possible, the State's share of the payment will be forwarded with the employee's share to which it applies. When that is not possible, the employee's share will be forwarded upon withholding and the State's share forwarded upon receipt.
B5.25 Retirement Provisions: There is no mandatory retirement age in effect for Del Mar College employees. Faculty and administrators are expected to give their supervisors six (6) months' notice prior to retirement. Other employees should give a minimum of three (3) months notice prior to retirement.
B5.25.1 Social Security: Social Security (FICA) is withheld from the salary of all full-time regular employees as specified by law. Unless a part-time employee is a participant in either (1) the Teacher Retirement system, or (2) the Del Mar College District Retirement Plan for Part-Time Employees. FICA tax will be withheld from the employee's salary as specified by law.
A5.25.1.1 The Medicare portion of FICA will be withheld from the salary of certain part-time employees who are participants in one of the plans named above.
A5.25.1.2 Salary deduction will be made each month until the maximum salary specified by law is reached; thereafter there will be no Social Security deduction made for the remainder of the calendar year.
A5.25.1.3 A Social Security Account Number should be shown on form W-4 exactly as recorded on the employee's Social Security Identification. The local Social Security Office has forms to apply for an account number, to obtain a duplicate, or to request a name change.
B5.25.2 Teacher Retirement: Teacher retirement is withheld from the pay of employees who meet the eligibility requirements as determined by the Teacher Retirement System. The percentage rate of salary paid by the employee shall be in conformity with State requirements. Details are available in the Office of Human Resources and Equal Opportunity/Affirmative Action.
A5.25.2.1 Forms are available in the Office of Human Resources and Equal Opportunity/Affirmative Action for change of beneficiary, change of name, or withdrawal of funds upon termination of employment.
A5.25.2.2 An annual accounting of funds on deposit is sent by TRS to each employee during the fall of each year.
B5.25.3 Optional Retirement: College employees who are eligible under Chapter 830, Subchapter A, Section 830.102, Texas Government Code, may elect to participate in the Optional Retirement Program ("ORP") instead of participating in the Texas Teacher Retirement System. An eligible employee who elects to participate in the ORP must submit a completed Salary Reduction Agreement form before the 91st day after the employee first becomes eligible to participate in the ORP. An eligible employee who does not submit a completed form before the deadline is considered to have chosen to participate in the Teacher Retirement System.
B5.25.3.1 Employees electing to participate in the Optional Retirement Program must select an ORP product from an active vendor pursuant to the College's Vendor Specifications. Contributions on behalf of the employee will be remitted to the active vendor selected by the employee
A5.25.3.1.1 An employee who elects to participate in the Optional Retirement Program may select only one company at a time to receive contributions under the Optional Retirement Program.
A5.25.3.1.2 An ORP participant may change the active vendor which receives his/her ORP contributions pursuant to the College's ORP Vendor Specifications, but such change can only be effective for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first day of a calendar month. The employee must complete and submit an appropriate company change form and the College ORP Salary Reduction Agreement to the Human Resources Department no later than the 15 th day of the month preceding the effective date of the change.
A5.25.3.2 An employee's election to participate in the ORP will not be complete until the employee submits a copy of the active vendor's enrollment/application form, a completed ORP Salary Reduction Agreement, and Teacher Retirement System forms entitled Notice of Election to Participate in Optional Retirement Program (TRS 28) and (if applicable) Application for Refund of Participants in Optional Retirement Program (TRS 29) to the Human Resources office.
A5.25.3.3 To begin to participate in the ORP in a calendar month, all necessary forms must be correctly completed, signed and received by the Human Resources Department on or before the 15th day of that month. Forms received after the 15th day of a month may not be effective until the following month. Any enrollment/application form or ORP salary reduction agreement that is submitted incorrectly or incompletely will be returned to the submitting party. The eligible employee and the vendor's representative are responsible for resubmitting the corrected forms before the ninety-first (91st) day after the employee first becomes eligible to participate in the ORP. The final, complete and correct application submission will determine the employee's effective date of participation.
A5.25.3.4 Amounts deducted from the employee's compensation and the State's contribution to the ORP shall conform to and not exceed with State and federal, laws, rules, and regulations.
A5.25.3.5 Transfers of all or a portion of an employee's (including a terminated employee's) balance or benefit in an ORP product from one vendor to another vendor, and transfers between a 403(b)(7) account (mutual fund) and a 403(b)(1) account (annuity contract) may only be made to qualified ORP products of active ORP vendors. An ORP participant may not transfer funds to an inactive vendor unless the participant currently maintains an ORP product account or contract with the inactive vendor.
A5.25.3.6 The following employees are eligible to participate in the Optional Retirement Program: all full-time faculty members and exempt personnel who are appointed for at least four-and-one-half (4-½) months as head of a major function of the College and/or are in a policy-setting position. A full-time person who enters the program while employed in an eligible position may remain a participant if the employee assumes a position not eligible. To be eligible to participate in the Optional Retirement Program, an employee must be described in Section 25.4 (k) 1-8 in the Rules and Regulations of the Texas Higher Education Coordinating Board, as amended.
A5.25.3.7 The College characterizes vendors of ORP products as either active or inactive, and maintains lists of active and inactive vendors. Active vendors are permitted by the College to enroll eligible employees as new participants in their ORP products. Inactive vendors are not permitted to enroll eligible employees as new participants in their ORP products, but they may continue to receive monthly contributions from existing participants.
B5.26 Tax Deferred Annuities or Custodial Account: The College and its employees may enter into agreements to purchase tax deferred annuity contracts or custodial accounts with respect to the employees under Section 403(b) of the Internal Revenue Code of 1986, as amended.
A5.26.1 Ownership of Each Contract or Custodial Account: The ownership of each contract or custodial account must be vested in the employee, and it must not be forfeitable or transferable (except to the issuer) by the employee.
A5.26.2 Premiums Payable on the Annuity Contract: The salary of each employee electing to purchase an annuity contract or custodial account will be reduced by the amount of the premiums payable on the annuity contract, or the amount invested in the custodial account, provided that such amount may not exceed the maximum which may be excluded from gross income under Section 402(g), Section 403(b), and Section 415 of the Internal Revenue Code of 1986, as amended.
A5.26.3 Purchasing Tax Deferred Annuity Contracts or Custodial Accounts: Tax deferred annuity contracts or custodial accounts may be purchased from a College-approved company selected by the employee provided that such annuity contract or custodial account is described in Article 6228a-5, Vernon's Ann. Tx. Civ. St., as amended, and qualifies under Section 403(b) of the Internal Revenue Code of 1986, as amended, and has been approved by the College. An employee may select only one company at a time to receive contributions under the Tax Sheltered Annuity Program and may change the company selected to receive contributions, but such change can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first (1st) day of a calendar month. The employee must complete and submit an appropriate company change form to the Payroll Office no later than the fifteenth (15 th) day of the month preceding the effective date of the change.
A5.26.4 Wage Reduction Agreement: Each employee electing to contribute an amount to purchase a tax deferred annuity contract or custodial account, or electing to change or terminate the amount to be contributed to such contractor account shall sign a salary or wage reduction agreement which can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first day of a calendar month. The amount to be contributed shall not exceed the exclusion allowance permitted by the Internal Revenue Code of 1986, as amended. The employee must complete and submit an appropriate form to the Payroll Office no later than the fifteenth (15 th) day of the month preceding the effective date of the change.
B5.27 Sick Leave: In this formalized sick leave plan, 40 hours of leave is considered to be a working week, as provided by Internal Revenue Code, Section 105(d). The College grants sick leave to employees in regularly budgeted full-time positions, regularly budgeted three-quarter time positions of thirty (30) or more hours per week and regularly budgeted half-time positions of twenty (20) or more hours per week, and to full-time term employees whose term is for one (1) semester or longer.
A5.27.1 Reasons: Such leave may be taken for a variety of reasons, including illness or medical condition, appointment with a doctor or dentist, emergency care for members of the employee's immediate family, childbirth (employee or spouse), and death in the immediate family (personal attendance). Employees must notify supervisors of non-emergency sick leave absence in advance or as soon as practical.
A5.27.1.1 Revised April 14, 2015: Immediate family includes - Spouse; Birth or adoptive parent, child or sibling; Step-parent, step-child, step-brother, or step-sister; Father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; Grandparent or grandchild; and spouse (as of a grandparent or grandchild.) For the purposes of the District’s Sick Leave Policy ( B5.27), the term “spouse” is defined as the husband or wife with whom the employee entered into marriage (including employees in same-sex or common law marriages) as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into, or, in the case of marriages entered into outside of the United States, if the marriage is valid in the place where it was entered into and the marriage could have been entered into in at least one state in the United States.
A5.27.1.2 Any employee who is absent because of a death in the immediate family may be granted a reasonable amount of the employee's accumulated sick leave.
A5.27.1.3 The amount of sick leave used because of a death in the immediate family is not to exceed forty (40) hours in each case, unless additional time is granted by written request to the CEO of the College.
A5.27.1.4 Vacation hours may be used in lieu of sick leave hours. Sick leave hours may not be used for vacation or personal time.
A5.27.1.3 Reports: All employees will report sick leave to the Payroll Office each pay period as per A5.34.4.
B5.27.2 Accrual: For record accounting purposes, the sick-leave year extends from September 1 through August 31; unused sick leave will be posted to each individual record up to the maximum allowable on a per pay period basis.
B5.27.2.1 Regular full-time employees accrue ten (10) hours paid sick leave for each month worked for a maximum of 960 hours.
B5.27.2.2 Employees hired in a half-time or greater regularly budgeted position earn an amount based on the percentage of full time hours worked per week.
B5.27.2.3 Nine-, ten-, and eleven-month (9-, 10-, and 11-) employees working additional periods during the summer may use and accrue sick leave during the period of time they are working, with such use being governed by the usual provisions stated elsewhere in this policy.
B5.27.2.3.1 Faculty who work during the summer will earn leave based on load worked. The formula to calculate leave earned is Full summer salary/one third (1/3) 9-month salary * 30 hours (up to a maximum of 30 hours) for the summer months (June, July & August).
B5.27.2.4 The maximum hours of accumulation per year are as follows: nine-month employees--ninety (90) hours; ten-month employees--one hundred (100) hours; eleven-month employees--one hundred and ten (110) hours; and twelve-month employees--one hundred and twenty (120) hours.
B5.27.2.5 Employees who are new to the system must have reported for duty before the provisions of the sick-leave policy can be applied.
B5.27.2.6 An employee does not accumulate sick leave during a leave of absence, nor does the employee lose accumulated sick leave while on leave.
B5.27.2.7 Employees moving from a grant funded position may roll their sick leave hours to the college funded leave accrual. Employees moving from college funded leave to grant funded will not be able to roll their accumulated sick leave unless such condition is stipulated in the grant proposal.
B5.27.3 Unused Sick Leave: Provisions for disposition of unused sick leave are as follows:
B5.27.3.1 Up to six hundred and forty (640) hours of unused sick leave may be paid to an employee upon retirement from the College with at least ten (10) years of service in a regularly budgeted half-time (½-time) or greater position at Del Mar College and with eligibility for normal age retirement or early age service retirement under the definitions as set forth by the regulations of the Teacher Retirement System (TRS). Unless provided by the grant or contract, employees hired in grant-funded or contract-funded positions for half-time or greater are not eligible for payment of unused sick leave upon retirement.
B5.27.3.2 An employee who is placed on modified service (less than full-time employment) at or after age sixty-five (65) or upon completion of twenty-five (25) years of service shall have cumulative sick pay valued on the basis of the salary actually existing at the time of placement on modified service; payment shall be made only at the time of retirement from regular employment at the College.
B5.27.3.3 Upon proper certification of disability by the family physician, cumulative sick-leave pay because of disability retirement will be allowed at any age on the same basis as the employee who is placed on modified service.
B5.27.3.4 If an employee dies while actively employed, the value of unused sick leave shall be paid to the designated beneficiary, as stated for Teacher Retirement/ORP benefits, or to that employee's estate if no beneficiary has been named.
B5.27.3.5 Any termination of employment, other than for retirement, instigated by the employee eliminates participation in unused sick-leave pay as provided above.
B5.27.3.6 If an employee is dismissed and does not retire, as previously defined, any unused sick leave is forfeited.
B5.27.3.7 The amount of money that an employee shall receive under the provisions above shall be calculated as follow:
B5.27.3.7.1 To determine the dollar value of accumulated sick leave, the hourly pay rate is multiplied by the number of hours of accumulated sick leave (to the maximum of 640 hours).
B5.27.3.7.1.1 To determine yearly work time: 173.33 average hours * number of months. (Example: 12 month employee: 173.33*12= 2080 annual hours, 11 month employee: 173.33*11= 1906.67 annual hours, 10 month employee: 173.33*10= 1733.33 and 9 month employee: 173.33*9= 1560 annual hours)
B5.27.3.7.2 To determine the hourly rate of pay, an employees annual salary/yearly work time = hourly rate.
B5.27.4 Emergency Leave: Written application may be made to the Chief Executive Officer (CEO) for necessary emergency and urgent absences not provided for in the sick leave policy.
B5.27.4.1 Such absences, if approved, will be charged against sick leave.
B5.27.4.2 Deductions for any absences not approved or not provided for in the policy will be made at the hourly rate of pay as calculated above.
B5.27.4.3 Reports : All employees will report emergency leave to the Payroll Office each pay period as per A5.34.4.
B5.27.5 Family And Medical Leave Act of 1993 Policy: Effective August 5, 1993, pursuant to the Family and Medical Leave Act of 1993 ("FMLA"), as amended, eligible employees (as defined below) are entitled to a total of twelve (12) work weeks of unpaid leave during a twelve (12) month period (the "Leave Year") when leave is taken for one or more of the following reasons:
Eligible employees are also entitled to twenty-six (26) workweeks of military caregiver leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the military member’s spouse, son, daughter, parent, or next of kin.
B5.27.5.1 Definitions: For purposes of FMLA leave, the following definitions shall apply:
B5.27.5.1.1 Eligible Employee: An employee who has been working for the District for at least twelve (12) months before the leave request. The 12 months of employment do not need to be consecutive or continuous. Del Mar does not include employment prior to a break in service of seven or more years, unless the break is occasioned by the employee’s fulfillment of his or her covered service obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act). In addition, the employee must have worked at least 1,250 hours during the past twelve (12) months..
B5.27.5.1.2 Leave Year: The twelve (12) month Leave Year under this policy shall begin on September 1 and terminate on August 31. The employee must recertify FMLA each September.
B5.27.5.1.3 Health Care Provider:
(a) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of Texas; or
(b) Any other person capable of providing health care services as listed as follows:
(1) podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State of Texas and performing within the scope of their practices defined under Texas law;
(2) nurse practitioners, nurse midwives, clinical social workers and physician assistants who are authorized to practice under Texas law and who are performing within the scope of their practice as defined under Texas law, and
(3) Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
B5.27.5.1.4 Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves (a) any period of incapacity or treatment in connection or consequent to inpatient care (for example, an overnight stay) in a hospital, hospice, or residential medical care facility, (b) any period of incapacity requiring absence from work or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by a health care provider. “Continuing treatment” includes chronic or long-term health conditions; permanent or long-term conditions with a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; conditions requiring multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for restorative surgery after an accident or other injury; a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment; or, pregnancy or prenatal care.
B5.27.5.1.5 Intermittent Leave: Leave taken in separate blocks of time due to a single illness or injury, including leave periods from an hour or more to several weeks.
B5.27.5.1.6 Reduced Leave Schedule: Leave schedule that reduces an eligible employee's usual number of working hours per work week or hours per work day, for example, a change in the eligible employee's schedule for a period of time, normally from full-time to part-time.
B5.27.5.1.7 Spouse: A “spouse” is the husband or wife with whom the employee entered into marriage (including employees in same-sex or common law marriages) as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into, or, in the case of marriages entered into outside of the United States, if the marriage is valid in the place where it was entered into and the marriage could have been entered into in at least one state in the United States.
B5.27.5.1.8 Son or Daughter: For employees taking non-military, FMLA leave, “son” or “daughter” are defined as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
Generally, for the purposes of military caregiver leave, the “son” or “daughter” of a covered service member means a covered service member's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service member stood in loco parentis, and who is of any age.
Generally, for the purposes of leave due to qualifying exigencies, the son or daughter on covered active duty or call to covered active duty status means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status, and who is of any age.
B5.27.5.1.9 Parent: For employees taking non-military FMLA leave, parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee. This term does not include parents “in law.”
For the purposes of military caregiver leave, the parent of a covered service member means a covered service member's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”
For the purposes of leave due to qualifying exigencies, a “parent” must be the military member's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age.
B5.27.5.1.10 Next of Kin: For the purposes of military caregiver leave, “next of kin” is defined as the nearest blood relative, other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: 1) blood relatives who have been granted legal custody of the service member by court decree or statutory provisions; 2) brothers and sisters; 3) grandparents; 4) aunts and uncles; and 5) first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member's next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously.
B5.27.5.1.11 Covered Service Member: For the purposes of military caregiver leave, “covered service member” is defined as: (1) A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or (2) A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. A “covered veteran” is a former member of the Armed Forces (including a member of the National Guard or Reserves) who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
B5.27.5.1.12 Serious Illness or Injury for a Covered service member: For the purposes of military caregiver leave, a serious illness or injury is defined as follows:
a) Current service member: An injury or illness that was incurred by the covered service member in the line of duty on active duty in the Armed Forces (including the National Guard or Reserves) or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the service member medically unfit to perform the duties of the member's office, grade, rank, or rating.
b) Veteran service member: An injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is: (1) A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating; or (2) A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; or (3) A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or (4) An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
B5.27.5.1.13 Qualifying Exigency: A “qualifying exigency” is defined as:
(1) Short-notice deployment. Leave for the employee to address any issue that arises from the fact that the military member is notified of an impending call or order to covered active duty seven or less calendar days prior to the date of deployment;
(2) Military events and related activities. Leave for the employee to attend any official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty status of the military member; and to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of the military member;
(3) Childcare and school activities. Leave for the employee to arrange for alternative childcare for a child of the military member when the covered active duty or call to covered active duty status of the military member; to provide childcare for a child of the military member on an urgent, immediate need basis; to enroll in or transfer to a new school or day care facility a child of the military member; and to attend meetings with staff at a school or a daycare facility for a child of the military member;
(4) Financial and legal arrangements. Leave for the employee to make or update financial or legal arrangements to address the military member's absence while on covered active duty or call to covered active duty status; or to act as the military member's representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status, and for a period of 90 days following the termination of the military member's covered active duty status;
(5) Counseling. Leave to attend counseling provided by someone other than a health care provider, for the employee, for the military member, or the military member’s child, provided that the need for counseling arises from the covered active duty or call to covered active duty status of the military member;
(6) Rest and Recuperation. Leave for the employee to spend time with the military member who is on short-term, temporary, Rest and Recuperation leave during the period of deployment. Leave taken for this purpose can be used for a period of 15 calendar days beginning on the date the military member commences each instance of Rest and Recuperation leave;
(7) Post-deployment activities. Leave for the employee to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the military member's covered active duty status; and leave to address issues that arise from the death of the military member while on covered active duty status, such as meeting and recovering the body of the military member, making funeral arrangements, and attending funeral services;
(8) Parental care. Leave for the employee to attend to parental care of the parent of the military member where the parent is incapable of self-care and is the military member's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age. Leave may be taken to (a) arrange for alternative care for a parent of the military member when the covered active duty or call to covered active duty status of the military member necessitates a change in the existing care arrangement for the parent; (b) to provide care for a parent of the military member on an urgent, immediate need basis; (c) to admit to or transfer to a care facility a parent of the military member when admittance or transfer is necessitated by the covered active duty or call to covered active duty status of the military member; and (d) to attend meetings with staff at a care facility for a parent of the military member.
(9) Additional activities. Leave for the employee to address other events which arise out of the military member's covered active duty or call to covered active duty status provided that the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.
B5.27.5.1.14 Covered Active Duty or Call to Covered Active Duty: For the purposes of leave due to qualifying exigencies, “covered active duty” and “call to covered active duty” are defined as: (1) In the case of a member of the Regular Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) In the case of a member of the Reserve components of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation.
B5.27.5.2 Maintenance of Employment Benefits: During any period that an eligible employee takes FMLA leave, the District shall maintain coverage under any group health plan for the duration of such leave of the level and under the conditions coverage would have been provided if the eligible employee had continued in employment continuously for the duration of such leave.
B5.27.5.3 Notice Requirements for Eligible Employees:
B5.27.5.3.1 If the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the eligible employee or a family member, or the planned medical treatment for a serious injury or illness of a covered service member, an eligible employee must provide the District with at least thirty (30) days' advance notice before FMLA leave is to begin.
B5.27.5.3.2 If thirty (30) days' notice is not practicable, such as because of lack of knowledge of approximately when leave will be required to begin, a change in circumstances, medical emergency, or a qualifying exigency notice must be given as soon as practical.
B5.27.5.4 Request for Intermittent Leave or Leave on a Reduced Leave Schedule:
B5.27.5.4.1 FMLA leave may be taken intermittently or on a reduced leave schedule for birth or placement of a child for adoption or foster care or to care for a family member or for an employee's own serious health condition when medically necessary.
B5.27.5.4.2 If the eligible employee asks for intermittent leave or leave on a reduced leave schedule which is medically necessary, the eligible employee shall advise the District, upon request, of the reasons why the intermittent or reduced leave schedule is necessary and of the schedule for treatment, if applicable. The District and the eligible employee shall attempt to work out a schedule that meets the District's needs without unduly disrupting the District's operations, subject to the approval of the health care provider.
B5.27.5.4.3 If the eligible employee requests intermittent leave or leave on a reduced schedule that is foreseeable based on planned medical treatment, including during a period of recovery from a serious health condition, the District may require the eligible employee to transfer temporarily to an available alternative position for which the eligible employee is qualified and which better accommodates recurring periods of leave than does the eligible employee's regular position.
B5.27.5.5 Medical Certification Requirements: In case of an eligible employee's request for leave to care for the eligible employee's seriously ill spouse, son, daughter, or parent, or due to the eligible employee's own serious health condition that makes the eligible employee unable to perform the functions of the job, the eligible employee must provide a certification issued by the health care provider of the eligible employee or the eligible employee's ill family member. The District shall give the eligible employee written notice of the requirement for such medical certification. However, any request to an eligible employee to furnish subsequent medical certification may be requested verbally.
B5.27.5.6 Second and Third Opinions:
B5.27.5.6.1 The District may require the eligible employee to obtain a second opinion at the District's expense. The District may designate the health care provider to furnish a second opinion but the selected health care provider cannot be employed on a regular basis by the District.
B5.27.5.6.2 If the opinions of the eligible employee's and the District's designated health care providers differ, the District may require the eligible employee to obtain certification from a third (3rd) health care provider, at the District's expense. The third opinion shall be final and binding. The third (3rd) health care provider must be designated or approved jointly by the District and the eligible employee.
B5.27.5.7 Recertification Of Medical Condition: Certification may not cross fiscal years, the employee must recertify every September for FMLA status. The District may request recertification at any reasonable interval, but not more than every thirty (30) days.
B5.27.5.7.1 The District may request recertification at intervals of less than thirty (30) days if:
(a) the eligible employee requests an extension of leave;
(b) circumstances described by the original certification have changed significantly; or
(c) the District receives information that casts doubt upon the continuing validity of the certification.
B5.27.5.8 Certification for Leave Taken Due to Qualifying Exigency: Upon an employee’s first request for leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty status (or notification of an impending call or order to covered active duty) of a military member, the College requires the employee provide a copy of the military member's active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to covered active duty status, and the dates of the military member's covered active duty service. This information need only be provided once to the College, unless another qualifying exigency arises out of a different covered active duty or call to covered active duty status (or notification of an impending call or order to covered active duty) of the same or a different military member.
B5.27.5.9 Certification for Leave Taken to Care for a Covered service member: When employee leave is taken to care for a covered service member with a serious injury or illness, the employee must provide the College with a completed U.S. Department of Labor certification form. The appropriate form (Current or Veteran service member) may be obtained from the College’s Department of Human Resources.
B5.27.5.9.1 The eligible employee may be denied FMLA leave until required certification is provided, in the case of a foreseeable leave.
B5.27.5.9.2 In a case where the need for the leave is not foreseeable, the eligible employee must provide certification within the time frame requested by the District (which must allow at least fifteen [15] days after the District's request) or as soon as reasonably possible under the particular facts and circumstances.
B5.27.5.10 Failure To Satisfy The Medical Certification Requirements:
B5.27.5.10.1 The eligible employee may be denied FMLA leave until required certification is provided, in the case of a foreseeable leave.
B5.27.5.10.2 In a case where the need for the leave is not foreseeable, the eligible employee must provide certification within the time frame requested by the District (which must allow at least fifteen [15] days after the District’s request) or as soon as reasonably possible under the particular facts and circumstances.
B5.27.5.11 Return to Work from FMLA Leave: On return from FMLA leave, an eligible employee is entitled to return to the same position the eligible employee held when leave commenced, or equivalent position, with equivalent benefits, pay, and other terms and conditions of employment. Ordinarily, an eligible employee held prior to FMLA leave, if the position remains available. However, the eligible employee has no right to return to the same position. The District may deny job restoration to a "key employee" if such denial is necessary to prevent substantial and grievous economic injury to the operations of the District. A "key employee" is a salaried eligible employee who is among the highest paid ten percent (10%) of all the employees employed by the District.
B5.27.5.12 Coordination of FMLA Leave with District Leave:
B5.27.5.12.1 The District may require any eligible employee to substitute paid personal affairs leave and vacation time for unpaid FMLA leave relating to birth, placement of a child for adoption or foster care, or to care for a family member. The District may also require any eligible employee to substitute paid emergency leave, personal affairs leave, sick leave and vacation time for unpaid FMLA leave needed to care for a family member or for the eligible employee's own serious health condition. In addition, any leave request made by an eligible employee for sick leave, emergency leave, or maternity/paternity leave that will be for a period of more than ten (10) days, shall be accompanied by the specific reasons that the leave is being requested. If the District determines from this request that the leave qualifies as FMLA leave, the District shall designate said leave as FMLA leave.
B5.27.5.12.2 Notwithstanding anything in this policy to the contrary, nothing herein shall be construed to allow an eligible employee to take more than the maximum allowed leave or vacation time under local District policy. Both the local District leave and vacation time and the unpaid FMLA leave shall run concurrently.
B5.27.5.12.3 Reports: All employees will report FMLA leave to the Payroll Office each pay period as per A5.34.4.
B5.28 Personal Affairs Leave: Leave for the conduct of urgent personal business may be taken up to sixteen (16) hours per year for nine-month employees and up to twenty four (24) hours per year for twelve-month employees.
B5.28.1 Use of Personal Leave: Personal leave shall be taken only for urgent and important business that cannot be conducted other than during normal working hours.
A5.28.2 Notification of Personal Leave: The employee must request preapproval from the immediate supervisor for non-emergency leave or should notify the immediate supervisor as soon as possible in the event of an emergency and should make arrangements to cover duties and responsibilities, where possible.
B5.28.3 Contingent Benefit: Personal leave is a contingent benefit and may not be used to extend College holidays or vacation.
B5.28.4 Reports: All employees will report Personal leave to the Payroll Office each pay period as per A5.34.4.
B5.29 Maternity/Paternity Leave: Disabilities caused by, or attributed to, pregnancy, childbirth, or related medical conditions resulting from pregnancy shall be treated in the same manner as any other temporary disability caused by, or attributed to, other medical conditions and shall be covered under any health plan or disability insurance or sick leave plan available in connection with employment.
B5.29.1 Requesting Maternity/Paternity Leave: An employee may request in writing a special maternity/paternity leave of up to six (6) months to care for a newly-born infant or a newly-adopted child.
B5.29.2 Use of Sick Leave and Vacation Time: An employee must use accrued sick leave and vacation time prior to going on leave of absence without pay.
B5.29.3 Reports: All employees will report maternity leave to the Payroll Office each pay period as per A5.34.4.
B5.30 Military Leave: In compliance with State and national law as shown below, the following provisions are made for employees of the College to serve in state and national military forces.
B5.30.1 Short-Term: Article 5765. Section 7 , Vernon's Annotated Texas Statute and Section 9(g)(4) of the Military Selective Service Act of 1967, as amended, provides that any employee who is a member of the State military forces or of the reserve components of the United States Armed Forces shall be granted a leave of absence from duties without loss of tine, efficiency rating, vacation time, or salary on days during which the employee is engaged in authorized training or duty ordered or authorized by proper authority, not to exceed fifteen (15) calendar days in any one (1) calendar year.
B5.30.1.1 All requests for military leave shall be submitted in writing on the appropriate form, which can be obtained in the Office of Human Resources and Equal Opportunity/Affirmative Action.
B5.30.1.2 Employees ordered to duty by proper authority shall be restored, when relieved from duty, to the same or a similar position held when they were ordered to duty.
B5.30.2 Long Term: Article 6252-4a, Vernon's Annotated Texas Statute, Attorney General's Opinion H-244 (1974), and Section 9(g)(4) of the Military Selective Act of 1967, as amended, provides that any employee in a position other than temporary, who leaves his position for the purpose of entering into active duty with the regular or reserve armed forces of the United States or the Texas National Guard or Texas State Guard, if discharged, separated, or released from such active military service under honorable conditions within five (5) years from the date of enlistment or call to active service, shall be restored to employment in the same position held at the time of entering into active service or to a position of like seniority, status, and pay if the employee is still physically and mentally qualified to perform the duties of such position.
B5.30.2.1 If such employee is not qualified to perform the assigned duties of a previous position by reason of disability sustained during such military service, but is qualified to perform the duties of another position with the College, the veteran shall be restored to employment in the other position which, with qualifications having been met, will provide like seniority, status, and pay or the nearest approximation thereto.
B5.30.2.2 Any employee restored to employment shall be considered to have been on leave of absence without pay during military service and shall be entitled to participate in retirement and all other benefits available to other employees in like positions and shall not be dismissed from this position without cause for one (1) year following restoration of employment.
B5.30.2.3 To qualify for employment, the employee shall make written application for reinstatement to the Chief Executive Officer (CEO) of the College within ninety (90) days after release or discharge from active State or federal military service and shall attach to such application evidence of discharge, separation, or release under honorable conditions from active state or federal military service.
B5.30.3 Reports: All employees will report Military leave to the Payroll Office each pay period as per A5.34.4.
B5.31 Jury Duty: The College may not discharge, discipline, reduce the pay of any employee, or otherwise penalize or discriminate against a College employee because of the employee's compliance with a subpoena or summons to appear as a juror.
A5.31.1 Compensation: For each regularly scheduled workday on which an employee serves in any phase of jury service, the College shall pay the employee's normal daily compensation.
A5.31.2 Accumulated Leave: A College employee's accumulated leave (personal, sick, or vacation) may not be reduced because of the employee's service in compliance with a jury summons.
A5.31.3 Court Allowance: College employees are permitted to retain the allowance the employee receives from the court for complying with a jury summons.
A5.31.4 Proof of Service: College employees must submit a copy of the subpoena or summons to serve on jury duty to their supervisor as soon as it is received. In addition, proof of service must be submitted to the College's Payroll Office via the employee's supervisor when the absence report or time card is submitted.
A5.31.5 Reports: All employees will report Court room leave to the Payroll Office each pay period as per A5.34.4.
B5.32 Vacation: Regular Exempt, Non-Exempt, Faculty Chairs, Librarians and Counselors (Twelve-month employees) receive paid vacation time; fewer than twelve-month employees are not entitled to paid vacation. This policy does not apply to any personnel whose duties are primarily teaching.
B5.32.1 Entitlement: Personnel eligible for vacation under this policy must have worked a minimum of six (6) months, and entitlement is only for the pro-rata share of the annual vacation earned.
B5.32.1.1 Exempt personnel, as well as counselors, librarians, and faculty department chairpersons who are appointed for a 12-month period are entitled to one hundred and twenty (120) hours paid vacation or a prorated share of three weeks appropriate to the employee's yearly assignment.
B5.32.1.2 Nonexempt personnel are entitled to paid vacation as shown below.
B5.32.1.2.1 Commencing on the first day of employment the employee earns vacation time at the rate of 3.08 hours per pay period for a total of twenty six (26) pay periods per year. Thus they are entitled to eighty (80) hours of paid vacation per fiscal year except as shown below.
B5.32.1.2.2 Upon completing ten (10) years of service, the employee commences earning vacation time at the rate of 3.7 hours of vacation per pay period for a total of twenty six (26) pay periods per year and thus is entitled to ninety six (96) hours of vacation per year.
B5.32.1.2.3 Upon completing fifteen (15) years of service, the employee commences earning vacation time at the rate of 4.62 hours of vacation per pay period for a total of twenty six (26) pay periods per year and thus is entitled to one hundred twenty (120) hours of vacation per year.
B5.32.1.3 In the event a normal school holiday falls within the period of time covered by the vacation, the holiday shall not count as a day of vacation time.
B5.32.1.4 Vacation hours can be used for sick leave or personal reasons but sick leave can not be used to cover vacation absences.
A5.32.2 Accrual: For record accounting purposes, the vacation year is from September 1st to August 31st, and unused vacation for the year will be posted to the employee's credit on September 1st.
A5.32.2.1 As much as one hundred and twenty (120) hours of unused vacation time may be accrued and carried forward, but for no more than one (1) year.
A5.32.2.2 The College Chief Executive Officer (CEO) will not consider or grant exception to College Policy at A5.32.2.1, unless the following procedures have been observed:
A5.32.2.2.1 At least thirty (30) days prior to the end of the academic year in which the vacation leave was accrued, the employee must make a timely written request through each level of their chain-of-command to the College CEO for an exception; and A5.32.2.2.2 The employee’s written signed and dated request must sufficiently evidence their documented attempts to use their vacation leave accrued during the academic year and explain the basis upon which their supervisor(s) has denied their request(s) for vacation leave; and
A5.32.2.2.3 The employee’s supervisor(s) will provide a written signed and dated statement in response to the employee’s written request for an exception and forward the employee’s request in a timely manner to the College CEO through the next level of the employee’s chain-of-command.
A5.32.2.2.4 Unless the employee has been granted an exception by the College CEO to College Policy at A5.32.2.1 by August 31st of the applicable academic year, the College Payroll Office is authorized to automatically remove any unauthorized excess vacation leave balance from the employee’s official records at the close of the academic year.
A5.32.3 Unused Vacation: Persons terminating employment will receive, in lieu of the vacation itself, cash payment for unused vacation, at the next regular payroll, to the amount accrued but not to exceed one hundred and twenty (120) hours. Unless provided differently by the grant or contract, persons terminating employment in grant-funded or contract-funded positions will receive cash payment for unused vacation days not to exceed the number of hours remaining in the current annual grant or contract.
A5.32.4 Reports: All employees will report vacation to the Payroll Office each pay period as per A5.34.4.
A5.32.5 Scheduling: All vacation schedules are subject to the control and prior approval of the office supervisor or Department Chair responsible for various functions of the College.
A5.32.6 Holiday Pay: Supervisors of non-exempt employees are authorized to grant paid overtime at a rate of one and one half (1 ½) times the employee’s hourly rate of pay in payment of overtime for actual hours worked in excess of an aggregate of forty (40) hours in a normal work week.
B5.33 Emeritus Status: Full-time members of the faculty and administration may be considered for emeritus status according to the following guidelines.
B5.33.1 Purpose: This policy is designed to provide a method of special recognition to faculty and administrators for outstanding service, significant contribution to higher education, meritorious teaching, and/or special honors bestowed by a renowned organization.
B5.33.2 Eligibility: To be eligible for consideration of emeritus status, a member of the faculty or administration must meet or exceed the following:
B5.33.2.1 Retire from Del Mar College with retirement to be as defined in the Texas State College and University Employee Uniform Benefits Program, created by the provision of Senate Bill 95, Acts of the 65th Legislature Regular Session, 1977.
B5.33.2.2 Hold faculty or administrative rank, or both, at the time of retirement.
B5.33.2.3 Have served the College as a full-time member of the faculty and/or administration for at least ten years, demonstrating distinction in the performance of all fundamental responsibilities of faculty (B6.3 and B6.4) or their equivalent for administrative programs.
B5.33.2.4 The Chief Executive Officer (CEO) of the College shall decide on questioned eligibility in cases not covered by the guidelines.
B5.33.3 Emeritus Titles: Emeritus title to be conferred shall be as follows:
B5.33.3.1 Administration: The title of the position held by the eligible administrator shall determine the emeritus title.
B5.33.3.2 Faculty: The title of an eligible faculty member shall be the title of the rank held at the time of retirement, for example, Professor Emeritus. A faculty member also holding an administrative title (such as Department Chair) may be honored by the use of the administrative title as well as Professor Emeritus.
A5.33.4 Procedures and Guidelines for Emeritus Status Award: Consideration for approval of emeritus status shall originate with the next higher authority above the retiree. The following guidelines will apply:
A5.33.4.1.1 Procedure: Consideration for emeritus status shall originate with nomination by the next higher administrative authority above the candidate, or by at least three colleagues within the candidate's Division. The following guidelines shall apply:
A5.33.4.1.1.1 It shall be the responsibility of the Chief Academic Officer (CAO) to monitor nominations for emeritus status of faculty, to apply the guidelines for eligibility, and to oversee the review and approval process for emeritus awards.
A5.33.4.1.1.2 Within one year after an eligible faculty member's retirement, the immediate supervisor or three colleagues within the same Division shall propose the candidate's nomination to the Dean of the Division (or next higher authority), and document the candidate's eligibility to receive the award.
A5.33.4.1.1.3 The Dean (or next higher authority) shall review the nomination and send it, with the proper documentation supporting the candidate's eligibility, to the Faculty Council, indicating to recommend or not to recommend. The Council shall, in turn, weigh the merits of each candidate, apply the eligibility guidelines, and by majority vote recommend or not recommend a candidate for emeritus status.
A5.33.4.1.1.4 The Council's recommendation, along with the Dean's recommendation, and all documentation, shall be sent to the CAO for review. The CAO shall review the information and send it with his or her recommendation to the CEO.
A5.33.4.1.1.5 The CEO shall review the forwarded documentation and make the final recommendation to the Board of Regents to confer emeritus status to the candidate. The Board of Regents shall be the granting authority by means of appropriate resolution.
A5.33.4.1.2 Guidelines : Guidelines used to evaluate a faculty member's eligibility for the award of emeritus status must include documentation of distinction shown in the performance of all fundamental responsibilities of faculty over the span of the faculty member's career. Such performance could include, but is not limited to, the following:
A5.33.4.1.2.1 Distinction in professional practice includes exhibiting outstanding teaching, librarianship, or counseling performance and assessment of student learning; serving as a mentor to colleagues; developing new instructional techniques, courses, forms of educational delivery, or relevant services; demonstrating recognized leadership in the professional area through awards given by the College and/or professional organizations; publications, scholarship, or comparable achievements; or providing outstanding service to students through tutoring, mentoring, advising, and sponsoring student organizations.
A5.33.4.1.2.2 Distinction in educational growth includes a record of continuous self-improvement and development via formal coursework, scholarship or comparable achievements, or other professional development opportunities.
A5.33.4.1.2.3 Distinction in institutional and community service is demonstrated by substantial accomplishments in academic advising, marketing, and recruiting for the faculty's program area; significant program, department, and College committee work, including leadership roles; and/or work with and recognition by community organizations for contributions by the emeritus candidate which improve the community and promote the College mission.
A5.33.4.2.1 Procedures and Guidelines: Consideration for approval of emeritus status shall originate with the next higher authority above the candidate. The following guidelines will apply:
A5.33.4.2.1.1 It shall be the responsibility of the appropriate Vice President to monitor requests for emeritus status of administrators and faculty and request the CAO to convene the Instructional and Student Development Council in order to apply the guidelines for eligibility. Recommendations and/or comments from the candidate's Chair or supervisor shall be addressed to the Council.
A5.33.4.2.1.2 The Council shall weigh the merits of each candidate, apply the eligibility criteria, and by majority vote recommend or not recommend each candidate for emeritus status. If the majority vote is to not recommend or if the candidate does not meet the eligibility criteria, no further action will be taken.
A5.33.4.2.1.3 If the majority vote is to recommend and the candidate is eligible, the Council shall recommend conferring of emeritus status through the appropriate Vice President. The channel of recommendations shall be from the Council to the appropriate Vice President, from the Vice President to the CEO, and from the CEO to the Board of Regents. The Board of Regents shall be the granting authority by means of appropriate resolution.
A5.33.5 Perquisites: Perquisites accruing to the candidate awarded emeritus status by the Board of Regents shall include the following:
A5.33.5.1 Listing in the emeritus section of the College Catalog.
A5.33.5.2 Listing in the Del Mar College Faculty-Staff Directory, if requested by the emeritus awardee.
A5.33.5.3 Inclusion of the emeritus awardee's name on College mailing lists for publications and notices of interest.
A5.33.5.4 A framed copy of the Board of Regents' resolution conferring emeritus status.
A5.33.5.5 A permanent identification card which shall identify the designated emeritus status.
A5.33.5.6 When available and if the emeritus awardee continues to work for the College after retirement, office space, full e-mail access, and a reserved parking space.
A5.33.5.7 Invitations for the emeritus awardee to participate in College commencement ceremonies and other relevant recognition activities.
B5.34 Payroll Information: The Payroll Office and/or the Office of Human Resources and Equal Opportunity/Affirmative Action will supply information to employees as required by law.
A5.34.1 Paychecks: Payroll funds are released as follows:
a) Faculty: Full-time faculty (including Librarians, Counselors, Fellows and Assistant Instructors) receive payroll funds on the last regular working day of each month (monthly) and two (2) weeks in arrears.
b) Adjunct Faculty: Beginning on January 1, 2012, all Adjunct faculty hired and employed by the College will receive payroll funds at the end of each month and two (2) weeks in arrears.
c) Exempt Employees: Full-time and part-time exempt employees hired and employed by the College before January 1, 2012 receive payroll funds on the last regular working day of each month (monthly). Beginning October 18, 2012, payroll funds paid to full-time exempt employees hired and employed by the College before January 1, 2012 will be received on the last regular working day of each month and two (2) weeks in arrears pursuant to a transitional pay cycle initiated on January 15, 2012.
Full-time and part-time exempt employees hired and employed by the College after January 1, 2012 will receive payroll funds on the last regular working day of each month and two (2) weeks in arrears.
d) Non-Exempt Employees: Full-time non-exempt employees hired and employed by the College before January 1, 2012 will receive payroll funds semi-monthly on the 15th and the last regular working day of each month. When the 15th falls on a weekend or holiday, payroll funds for full-time non-exempt employees hired and employed by the College before January 1, 2012 will be received on the last working day before the 15th of the month. Beginning October 18, 2012, full-time non-exempt employees hired and employed by the College before January 1, 2012 will receive payroll funds every other Friday (Biweekly) and two (2) weeks in arrears pursuant to a transitional pay cycle initiated on January 15, 2012.
Full-time non-exempt employees hired and employed by the College after January 1, 2012 will receive payroll funds every other Friday (Biweekly) and two (2) weeks in arrears.
e) Part-Time Hourly and Student Employees: Beginning on January 1, 2012, all part-time hourly and student employees hired and employed by the College will receive payroll funds every other Friday (Bi-weekly) and two (2) weeks in arrears.
A5.34.1.1 All 9-month faculty (including Fellows and Assistant Instructors) will receive their pay in nine (9) equal installments beginning September and ending in May unless otherwise requested by Payroll Election form prior to Fall Convocation or first day of work for the fiscal year pursuant to the payroll schedule described in A5.34.1 . Twelve (12) month Exempt personnel, Counselors and Librarians will receive payment in twelve (12) monthly installments pursuant to the payroll schedule described in A5.34.1 . Those employed for fewer than twelve (12) months may request modification of this payment plan, through the Payroll Office, prior to Fall Convocation or first day of work for the fiscal year each year.
A5.34.1.2 Mandatory Direct Deposit: Direct deposit is the electronic transfer of money into a checking, savings and/or cash card account established by the employee. Beginning January 1, 2009, all employees must choose to receive their payroll earnings by either direct deposit to an employee-established checking and/or savings account or to a third party debit card account.
A5.34.1.3 Electronic Pay Advices: As of April 1, 2009, pay advices (check stubs) will be available via WebDMC for employees to print.
B5.34.2 Withholding: Income tax is withheld according to the rate set by the government, based on the number of exemptions and the marital status claimed by the employee; changes in number of exemptions and/or single/married status may be made in the Payroll Office.
B5.34.3 Deductions/Reductions: The College may make the following deductions/reductions, in addition to federal income tax withholding: FICA taxes, applicable retirement systems, insurance premiums, savings bonds, Section 125 Cafeteria Plan, deferred compensation, charitable contributions, Corpus Christi Area Teachers Credit Union, parking fees, and other deductions which may, from time to time, be authorized by the College Chief Executive Officer (CEO).
A5.34.4 Time and Attendance Payroll Reports: All non-exempt employees are required by current labor laws and regulations to fill out time and absence reports assuming forty (40) hours per week worked unless otherwise noted by overtime or absence. Effective July 2009, students and part-time hourly employees will begin using Colleague's WebTime Entry system to report their time and attendance. Effective October 18, 2012, Non-Exempt employees will begin using Colleague's WebTime entry to report time worked and time absent each pay period. Regular Faculty and Exempt employees will begin using Colleague's WebTime Entry system to report time absent each pay period, beginning October 18, 2012.
A5.34.4.1 The employee enters/submits the Payroll Report of time worked and/or absence. The supervisor certifies the accuracy and approves the Report, including periods of absence and the reason, as appropriate.
A5.34.4.2 Completed Payroll Reports should be forwarded to the Payroll Office by the deadlines set forth in the Payroll Office.
A5.35 Overtime Hours for Nonexempt Personnel: Overtime is defined as all hours above forty (40) actually worked during a normal work week whether the employee works in one (1) or in two (2) or more offices. The use of overtime among nonexempt employees should be kept to a minimum consistent with the requirement of orderly operation of the College.
A5.35.1 Normal Work Week: A normal work week is defined as running from 12:00 a.m. Monday to 11:59 a.m. Sunday.
A5.35.1.1 If an employee normally works eight (8) hours per day, Monday through Friday, but works two (2) extra hours on Tuesday and three (3) extra hours on Wednesday (over the standard eight-hour day), that employee should be granted five (5) hours of time off sometime during the remaining days (Thursday and Friday) of the same week.
A5.35.1.2 If an employee uses vacation, sick leave, and/or personal leave during a week that includes extra hours on one (1) or more days, the pay may be for more than forty (40) hours, but if the time actually worked does not exceed forty (40) hours, all hours will be compensated for at the employee's regular hourly rate.
A5.35.2 Payment for Overtime: Supervisors of non-exempt employees are authorized to grant paid overtime at a rate of one and one half (1 ½) times the employee’s hourly rate of pay in payment of overtime for actual hours worked in excess of an aggregate of forty (40) hours in a normal work week.
B5.36 Educational Benefits: The College offers a tuition waiver, subject to the availability of funds, for all full-time employees, their legal spouse, and their qualified dependents who wish to enroll in a credit or non-credit course(s), except for private instruction in applied music, offered by the College.
A5.36.1 Eligibility: Eligible full-time employees are those who are currently employed with the College and have been employed full-time for a period of at least one year. The tuition waiver is extended to the employee's legal spouse and qualified dependents, as defined by the Internal Revenue Service Tax Code. To be eligible as a qualified dependent, the individual must be eligible to be claimed on the employee's most recent tax return as a qualified dependent (i.e. unmarried child or stepchild under the age of 25, or other eligible dependent).
A5.36.2 Non-district Employees: The tuition waiver will cover out-of-district fees for eligible employees, spouses, and dependents.
A5.36.3 Other Charges/Fees: The tuition waiver only applies to tuition and college-wide fees. The Educational Benefits program does not include all other fees such as course laboratory fees, insurance fees, and other fees associated with the enrolled course. Students attempting a course for the third time will be responsible for any additional fees associated with the course. If a student enrolls in a course, in which the student has received a passing grade, the tuition waiver does not apply for the applicable course.
A5.36.4 Procedures: An application for the tuition waiver must be submitted to the Office of Human Resources for processing and approval no later than 10 days prior to enrolling in the course(s) or the first day of class for any given semester. Failure to obtain prior approval will automatically forfeit this benefit for the current semester. If eligible for financial aid, the applicant must apply for and exhaust state/federal financial aid first before becoming eligible for the Del Mar College tuition waiver program.
A5.36.5 Work Schedule: Employees are eligible to take the course(s) outside of the normal working hours. Approval may be granted by the employee's supervisor to take a day course, if not offered during the evening or weekend. A request for a modified work schedule (Form PER 095) is required to be submitted along with the tuition waiver application, if the employee is requesting a modified work schedule. All courses taken by an employee must not interfere with the satisfactory performance of the employee’s assigned job duties.
A5.36.6 Dropping/Withdrawing from Classes: Applicants who have registered for a course(s) under the tuition waiver program and then wish to drop the course should do so prior to the first day of class. Class changes within the same registration session resulting in an even exchange of semester credit hours will not result in additional charges. The applicant is responsible for paying for a course(s), if dropped after classes have started and for any penalty or additional tuition/fees not covered above.
A5.36.7 Non-credit Courses: Applicants may utilize the tuition waiver to enroll in any non-credit course(s), after the minimum required paid enrollment has been met. The applicant is required to pay any course laboratory fees, insurance fees, etc., assigned to the course(s) that are not covered above.
B5.36.8 Educational Tuition Waiver for Displaced Full-time Employees: The College offers a tuition waiver, subject to the availability of funds, for all full-time employees who were displaced by the 2011 reorganization of the College, who wish to enroll in a credit or non-credit course(s), except for private instruction in applied music, offered by the College.
A5.36.8.1 Eligibility: Eligible full time employees displaced by the 2011 reorganization of the employed are those who were employed with the College in the 2010-2011 fiscal year, had been employed by the College at least one year when their employment ended as a result of the 2011 reorganization. The displaced employee is eligible for the tuition waiver for two years from the date of their last date of employment, up to a maximum of 60 semester credit hours or 60 non-credit units.
A5.36.8.2 Non-district Employees: The tuition waiver will cover out-of district fees for eligible employees.
A5.36.8.3 Other Charges/Fees: The tuition waiver only applies to tuition and college-wide fees. This program does not include other fees such as course laboratory fees, insurance fees, and other fees associated with the enrolled course(s). Students attempting a course for the third time will be responsible for any additional fees associated with the course. The tuition waiver does not apply to courses where the student has already received a passing grade.
A5.36.8.4 Procedures: The application for the tuition waiver must be submitted to the Office of Human Resources for processing and approval no later than 10 days prior to enrolling in the course(s) or the first day of class for any given semester. Failure to obtain prior approval will automatically forfeit this opportunity for tuition waiver for the current semester. If eligible for financial aid, the applicant must apply and exhaust state/federal financial aid first before becoming eligible for the Del Mar College tuition waiver.
A5.36.8.5 Dropping/Withdrawing from Classes: Applicants who have registered for a course(s) under the tuition waiver program and then wish to drop/withdraw from the course(s) should do so prior to the first day of class. Class changes made while in the process of registering resulting in an even exchange of semester credit hours will not result in additional charges. The applicant is responsible for repaying the tuition waiver amount for a course(s) if dropped after classes have started and also for any penalty or additional tuition/fees not covered above.
A5.36.8.6 Non-credit Courses: Applicants may utilize the tuition waiver to enroll in any non-credit course(s), after the minimum required paid enrollment has been met. The applicant is required to pay any course laboratory fees, insurance fees, etc. assigned to the non-credit course(s) that are not covered by the tuition waiver. The tuition waiver does not apply to non-credit courses where the applicant has already successfully completed the course.
B5.37 Recognition for Service: Plaques, service pins, and certificates of appreciation will be awarded to individuals who have contributed significantly to the success of Del Mar College in providing quality education to the citizens of its service area.
A5.37.1 Plaques: An appropriately inscribed plaque will be awarded to all regular employees upon their retirement from Del Mar if they have completed a minimum of ten (10) years of service.
A5.37.2 Service Awards: Service pins will be awarded to College employees in recognition of valued employment. The Office of Institutional Effectiveness Human Resources will maintain records of service and arrange for appropriate ceremonies for the presentation. Criteria for awards are the following:
A5.37.2.1 At a spring ceremony, awards will recognize regular employment in increments of five (5) years; the current year will count, provided the individual was employed prior to September 30 of the school year and has continued employment through March 1.
A5.37.2.2 Part-time employment does not count unless the individual is a regular employee, has been paid a set monthly salary for five (5) years or more, and certifies that he is not employed elsewhere.
A5.37.2.3 If a former employee returns to regular employment, previous employment at the College will count.
A5.37.2.4 Leaves of absence for study count in computing years of service for a pin, but leaves for other reasons do not count.
A5.37.3 Certificates: Recommendations, in accordance with the following guidelines, may be made to the Chief Academic Officer (CAO) for consideration in selecting recipients of certificates of appreciation.
A5.37.3.1 Part-time faculty are eligible upon termination of employment if their years of satisfactory service are ten (10) years or more.
A5.37.3.2 Unpaid adjunct faculty (for example,medical doctors in the health sciences) who contribute their time to teaching/supervision for one (1) or more years are eligible.
A5.37.3.3 Individuals, or groups of individuals, who perform a significant service for the College are eligible for certificates, but donors of equipment, scholarships, or other items of value normally are recognized by a letter of thanks at the time of the gift.
A5.37.4 Funding: Appropriated funds may be authorized to purchase and present awards to employees for professional achievement or outstanding service. The cost of each award utilizing appropriated funds will follow limits as stated in current State and Federal guidelines.
B5.38 Safe Work Place: The College will endeavor to provide each employee a safe and healthy place to work, will determine the kinds of safety training needed for employees, will sensitize employees to the need to work safely and follow safety rules, to reduce Workers' Compensation claims, and to establish more efficient methods of investigating accidents.
A5.38.1 Safety Committee: The Chief Executive Officer (CEO) of the College shall appoint members to the Safety Committee and delegate the responsibility of developing and implementing safety-related activities under the broad areas of accident prevention, fire prevention, education and training, accident investigation, documentation, and program evaluation.
A5.38.2 OSHA: The College will endeavor to comply with the regulations established by the Occupational Safety and Health Act.
A5.38.3 Compliance: Employees are expected to comply with all safety rules and regulations and to practice safety continually while performing their duties.
A5.38.4 Reports: All accidents or injuries must be reported at once to the immediate supervisor of the injured person.
A5.38.5 Investigation: All accidents resulting in loss of work time must be investigated by the injured person's immediate supervisor. The investigator must submit a written report within two (2) days of the injury to the Office of Human Resources and Equal Opportunity/Affirmative Action.
A5.38.6 Use of Leave Time: Absences due to a work-related accident, including those required for physical therapy and doctor's visits, will be charged to accumulated sick leave, personal leave, vacation, and/or leave without pay.
A5.38.7 Return to Work: An employee absent due to a work-related accident must submit a physician's statement to the supervisor immediately upon receiving the physician's release to return to work. The supervisor will send a copy of the physician's statement to the Office of Human Resources and Equal Opportunity/Affirmative Action.
A5.38.7.1 The Physician's statement must indicate the condition of the injured employee and indicate whether the employee may resume full or partial work responsibilities.
B5.39 Smoke & Tobacco Free Environment:
B5.39.1 Purpose: In order to protect and promote the health, safety, and welfare of employees, students, and the public, Del Mar College will provide a smoke and tobacco free environment.
A5.39.2 Scope: The College District prohibits the use of tobacco, E-cigarettes, vaping pens and any other related products and devices by any employee, student, or visitor on all premises owned, rented, leased, or supervised by the College District, including all College District facilities, buildings, and grounds. This prohibition applies to property owned by others that the College District uses by agreement, and further applies to all District vehicles.
A5.39.2.1 Exceptions to this total prohibition shall be:
- In those circumstances where the College District is party to a contract or other agreement relating to the property that limits its authority in this matter.
- All research projects, artistic productions or other College sponsored activities involving the act of smoking must have prior approval from the Office of the Chief Academic Officer (CAO).
B5.39.3 Provisions: The College Administration shall develop administrative regulations and procedures as necessary to implement this policy, including provisions for notification, signage, noncompliance and enforcement.
B5.39.4 Responsibility: It is the responsibility of all members of the Del Mar College community to observe the provisions and comply with the spirit and intent of this policy.
B5.40 Policy on Drugs and Alcohol: The purpose of this policy is to inform the Del Mar College Community of its intent to comply with the "Drug Free Schools and Communities Act of 1986" (PL 99-570).
B5.40.1 General Statement: Del Mar College is committed to working to maintain a safe, healthy, lawful, and productive working and educational environment for all employees and students. Studies have shown that use of illegal drugs and abuse of alcohol increases the potential for accidents, absenteeism, tardiness, unsatisfactory performance, inefficiency, poor employee morale, and damage to the College's reputation. The intent of this policy is to make Del Mar College a better place to study and work through upgrading the mental and physical health of the total College community. It acknowledges the freedom of choice of those individuals who require or seek information relative to drug/alcohol abuse.
B5.40.2 Educational Objectives:
B5.40.3 Applicability and Scope:
B5.40.4 Drug and Alcohol Information Services: The College recognizes that alcoholism and drug dependency are "illnesses" or "disorders" and the College will provide information to any employee or student seeking assistance.
B5.40.5 Prohibition of Anabolic Steroid or Human Growth Hormone: Section 7, Section 4.11, Texas Controlled Substances Act (Article 44.76, Vernon's Texas Civil Statutes), requires that the following notice be posted in a conspicuous place in the gymnasium:
Anabolic steroids and growth hormones are for medical use only. State law prohibits the possession, dispensing, delivery, or administering of an anabolic steroid or growth hormone in any manner not allowed by State law. State law provides that body building, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Corrections.
B5.40.6 Prohibition (Drugs and/or Alcohol): The College prohibits the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances and/or alcohol in the workplace. The College further prohibits the consumption of any alcoholic beverage or being under the influence of alcohol or any controlled substances within the workplace or in College owned vehicles. An individual need not be legally intoxicated to be considered "under the influence of a controlled substance or alcohol."
B5.40.6.1 Exemptions (CEO Approval Required): The College Chief Executive Officer (CEO) is authorized to approve exemptions to B5.40.6 to allow the serving of alcoholic beverages, as provided by law, at various Foundation, Alumni, and community events sponsored or approved by the College. Exemption requests shall be made on a form provided by the College.
B5.40.7 Condition of Employment: As a condition of employment with the College or as a condition of receiving or continuing to receive a federal grant, each person affected shall abide by the terms of the requirements and prohibitions set out in this policy and shall notify the College CEO, in writing, of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
B5.40.7.1 Within thirty (30) days of receiving notice from an employee or grant recipient, or otherwise receiving actual notice of a conviction for criminal drug statute violation occurring in the workplace, the College shall either (1) take appropriate personnel action against the employee up to and possibly including termination, or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, State or local health agency, law enforcement agency or other appropriate agency.
B5.40.8 Notice: Each employee, full-time or part-time, as well as student workers and grant recipients, shall be given a copy of the College's policy on drugs and alcohol and must sign a statement attesting to the receipt of the policy.
B5.40.8.1 A copy of this policy shall be printed in the College Student Handbook.
A5.40.9 Drug Prevention Program: The Administration hereby adopts and implements a program to prevent the illicit use of drugs and the abuse of alcohol by employees and students in the workplace. This policy will be maintained in compliance with federal regulations on behalf of the Drug-Free Schools and Communities legislation.
A5.40.9.7 The College will undertake a biennial review of this program through the College Heads-Up Committee to determine its effectiveness, implement changes as needed, and ensure that its disciplinary sanctions are consistently enforced.
B5.41 Professional Working Environment: Del Mar College shall endeavor to provide to its employees and students a professional working environment, free of harassment or interference for reasons unrelated to the performance of their duties or academic performance.
B5.41.1 Professional Behavior: Administrators, staff, and faculty are responsible for behaving in such a manner that their words and actions cannot reasonably be perceived as coercive outside those appropriate to a professional relationship.
B5.41.1.1 Since some members of the College hold positions that may involve the legitimate exercise of authority over others, they are responsible for being sensitive to that authority so as to avoid actions that are abusive or unprofessional.
B5.41.1.2 Faculty and supervisors, in particular, in their relationships with students and employees, need to be aware of potential conflicts of interest and the possible compromise of their evaluative capacity.
B5.41.1.3 Because there is an inherent authority difference in these relationships, the potential exists for the less authoritative person to perceive a coercive element in suggestions regarding activities outside those appropriate to the professional relationship.
B5.41.2 Definition: Unprofessional conduct includes, but is not limited to, (1) exploitation of another person for private advantage; (2) unreasonable and substantial interference with another person's work performance; (3) sexual misconduct; and (4) creating an intimidating, hostile, or offensive working environment based on race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, or any other constitutionally or statutorily impermissible reason.
B5.41.3 Academic Freedom/Free Speech: Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe upon the academic freedom of any member of Del Mar College.
B5.43 Employee Grievance Policy Regarding Terms & Conditions of Employment: It is the policy of Del Mar College to encourage fair, efficient, and equitable solutions for problems arising out of the employment relationship and to meet requirements of state and federal law. This grievance policy, applicable to all current employees of Del Mar College, pertains to all matters concerning an employee's terms and conditions of employment except where covered under separate College policies as identified herein.
B5.43.1 Purpose : This policy provides a structured process by which an employee can express a grievance regarding the terms and conditions of their employment, including, but not limited to, grievances regarding evaluations, terminations, disciplinary actions, contract non-renewals, wages, hours and leave.
B5.43.2 Forms and Grievance Management: The complaining party may obtain the proper form for filing the grievance from the Office of Human Resources and Equal Opportunity/Affirmative Action. The Director of Human Resources, or designee, shall be responsible for the receipt and management of grievances filed by employees.
B5.43.3 Time: As referenced herein, “days” are defined as College District “business days.” In calculating any time limits, “day one” is the day after the grievance is received by the Human Resources department or any identified party at any step in the process. Extension of time limits for any step may be authorized by the Chief Executive Officer (CEO) of the College upon written request of any party involved before the expiration of any deadline.
B5.43.4 Exceptions: This employee grievance policy does not apply to matters covered under separate College policies pertaining to the following:
- Complaints of sexual misconduct, retaliation, harassment and, or discrimination as addressed in B5.50, B5.51 and B9.1.
- Faculty tenure and promotion appeals as addressed in B6.6.
- Faculty reduction in force as addressed in B6.8.
- Faculty termination appeals as addressed in B6.9.
- Faculty appeals regarding change of assignment as addressed in B6.10.
- Instructional program review appeals as addressed in B6.11.
- Tenured Faculty disciplinary action appeals as addressed in B6.39.
B5.43.5 Right to Representation: Employees filing a grievance pursuant to this grievance policy may designate and, or employ, at their own expense, an attorney or other person to represent the employee during all steps in the grievance procedure. To the extent any other College policy providing appeal or grievance rights, including those identified in B5.43.4, do not specifically identify a right to representation, employees pursuing appeals, grievances or complaints pursuant to those policies also retain the right to designate and, or employ, at their own expense, an attorney or other person to represent the employee during those processes.
B5.43.6 Steps in Grievance Procedure:
B5.43.6.1 Step One: An employee desiring to express a grievance (hereafter called "Grievant") shall prepare a clear and concise statement of the grievance on the proper form and deliver it to the Director of Human Resources, or designee within five (5) days of the occurrence of the condition being complained about. The Director of Human Resources, or designee, shall have five (5) days to review the grievance for timeliness, applicability of the grievance policy, and a determination of the lowest level supervisor with authority to remedy the matter or action grieved. If the grievance has been properly submitted, the Human Resources Director, or designee, shall forward the grievance to the lowest level supervisor with authority to remedy the matter or action grieved. Within five (5) days of receipt of the written grievance, the applicable supervisor shall discuss the matter with the Grievant in person, make such other investigation as the supervisor deems appropriate, and draft and submit a written response to the Human Resources Director, or designee. The Director of Human Resources, or designee, shall then notify the Grievant of the supervisor’s decision no later than two (2) days after receipt of the supervisor’s response.
B5.43.6.2 Step Two: If the Grievant is not satisfied with the response received in accord with step one, the Grievant may, within three (3) days of the receipt of the response in step one, submit a notice of appeal to the Director of Human Resources, or designee. No later than two (2) days of receipt of a timely notice of appeal, the Director of Human Resources shall forward the grievance file documents to next level supervisor with authority to remedy the matter or action grieved. Within five (5) days of receipt of the of the grievance documents and appeal, the next level supervisor shall meet with the Grievant to review the grievance, make such other investigation as the next level supervisor deems appropriate, and draft and submit a written response to the Director of Human Resources, or designee. The Director of Human Resources, or designee, shall then notify the Grievant of the supervisor’s decision no later than two (2) days after receipt of the supervisor’s response.
B5.43.6.3 Step Three: If the Grievant is not satisfied with the response received under step two, the Grievant may, within three (3) days of the receipt of the response made in step two, submit a notice of appeal to the Director of Human Resources, or designee. No later than two (2) days of receipt of a timely notice of appeal, the Director of Human Resources shall forward the grievance file documents to the Chief Executive Officer of the College ("CEO"). In those cases where the CEO is the sole administrator with authority to address and provide relief as requested by the Grievant, then the CEO shall meet with the Grievant in person, review the grievance; make such investigation as deemed appropriate, and provide a written response to the Director of Human Resources, or designee, within seven (7) days after receiving the appeal. In those cases where a lower level administrator in Steps 1or 2 has authority to address and provide relief as requested by the Grievant, then the CEO shall review the grievance; make such investigation as deemed appropriate, including meeting with the Grievant if the CEO finds a meeting is necessary; and provide a written response with seven (7) days after receiving the appeal to the Director of Human Resources. The Director of Human Resources, or designee, shall then notify the Grievant of the CEO’s decision no later than two (2) days after receipt of the CEO’s response .
B5.43.6.4 Step Four: Step four in the grievance process is available to employees grieving terminations, non-renewals, disciplinary actions pursuant to B5.50 or B7.19, or to employees who are direct reports of the CEO of the College who seek to grieve an action by the CEO concerning the terms and conditions of their employment.
- If the Grievant for whom step four is applicable is not satisfied with the response received under step three, the Grievant may present the grievance to the Board of Regents.
- Within three (3) days of receipt of the step three response, the Grievant may grieve the decision to the Board of Regents by submitting an appeal to the Director of Human Resources, or designee.
- No later than two (2) days of receipt of Grievant timely appeal, the Director of Human Resources, or designee, shall forward the request to the Del Mar College Board Liaison of the Office of the CEO of Del Mar College, along with any and all written documentation presented by the Grievant and the administration during the previous steps in the process. The Board Liaison shall be responsible for placing the grievance on the agenda of the next most immediate Board of Regents meeting scheduled, where the next most immediate meeting is no less than 10 days from receipt of the appeal, and delivering the Grievance and administration’s documentation to the Chair of the Board. Where the next most immediate meeting is less than 10 days from receipt of the appeal, the Board Liaison shall place the matter on the agenda of the next scheduled meeting following. The grievance shall be scheduled to be heard in executive (closed) session, unless the employee requests that the grievance be heard in open session. In the case of grievances based on disciplinary actions taken under B5.50 and B7.19, all parties must agree that the grievance be heard in open session.
- The Director of Human Resources, or designee, shall inform the Grievant of the date, time and place of the Board of Regents meeting at which the Grievant may present the grievance.
- The Board of Regents shall consider the grievance as presented by the Grievant, including any written documentation presented by the Grievant and the administration during the previous steps in the process.
B5.45 Policy on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome:
B5.45.1 Purpose: The purpose of this policy is to inform the Del Mar College community of its intent to comply with Texas State Senate Bill 959, and any amendments or other federal and State legislation regarding Human Immunodeficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS) diseases.
B5.45.2 General Statement: Del Mar College is committed to protecting the legal and privacy rights of students and employees who may have been diagnosed as having been infected with HIV/AIDS and its related conditions such as AIDS-Related Complex (ARC) This policy and other procedures developed at the behest of the Chief Executive Officer shall emphasize educating employees and students concerning HIV/AIDS and managing each case of HIV/AIDS individually with sensitivity, flexibility, and concern for the affected individual, as well as maintaining a safe and healthful campus environment for all employees and students.
B5.45.3 Educational Objectives-Students:
B5.45.3.1 To include the subject of AIDS in the curricula of Dental Assisting/Hygiene, Nursing, and Allied Health Programs.
B5.45.3.2 To make available to students upon request the educational pamphlets on AIDS developed by the Texas Department of Health. A statement will be published in the students' handbook listing the sources for information on AIDS and HIV.
B5.45.3.3 To inform all students of this policy and available informational services through various means; such means will include one or more of the following: campus newspaper, student handbook, Counseling Office, club meetings, seminars, and other related activities.
B5.45.4 Educational Objectives-Employees:
B5.45.4.1 To distribute annually to each employee an educational pamphlet about the methods of transmission and prevention of HIV infection and the State laws relating to transmission and prevention of HIV infection.
B5.45.4.2 To inform employees of the College of this policy and informational services through various means, such as divisional meetings, College employee newsletter, campus newspaper, new employee orientation, departmental meetings, and other related activities.
B5.45.5 Applicability and Scope:
B5.45.5.1 This policy applies to all students and employees of Del Mar College.
B5.45.6.1 "Communicable disease" means an illness due to an infection agent or its toxic products that arises through transmission of that agent or its products from a reservoir to a susceptible host and as further defined in the Communicable Disease Act, Article 4419b-1 V.A.T.S. Communicable diseases include, but are not limited to, viral hepatitis-A, viral hepatitis-B, human immunodeficiency virus (HIV) infection, AIDS, AIDS-Related Complex and a positive test for the antibody.
B5.45.6.2 "AIDS" (Acquired Immune Deficiency Syndrome) means a viral disease that impairs the body's ability to fight disease. People with AIDS are susceptible to a wide range of unusual and life-threatening diseases.
B5.45.6.3 "HIV" (Human Immunodeficiency Virus) means the name proposed for the causative agents of AIDS by a subcommittee of the International Committee on the Taxonomy of Viruses.
B5.45.6.4 "ARC" (AIDS-Related Complex) means a variety of chronic symptoms and physical findings that occur in some persons who are infected with HIV but do not meet the Center for Disease Control's definition of AIDS. ARC may or may not develop into AIDS.
B5.45.7 Confidentiality of Information:
B5.45.7.1 Del Mar College, in accordance will not disclose documentation or information regarding the diagnosis or health- related matters of a student or employee HIV/AIDS or ARC without the expressed written consent of the affected individual student or employee. Del Mar College protects the confidentiality of medical records and health information of its employees and students. Those Del Mar College employees with access to confidential information must maintain the strict confidentiality of the information. Individuals who fail to protect these employee and student rights commit a serious offense, which may result in dismissal.
B5.45.8.1 The Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), prohibits discrimination against people with disabilities, which may include HIV/AIDS and ARC, in employment and public accommodations. The College strictly prohibits discrimination against employees and students based on disability as defined by State and federal law.
B5.45.8.2 No student will be denied enrollment, class attendance, or participation in a College function solely on the basis of diagnosis or of suspicion of having HIV, AIDS, or ARC. If a physician's evaluation demonstrates that a student diagnosed with HIV/AIDS or ARC is unable to perform academically, with or without accommodation, due to his or her diagnosis, or if specific activities in which the student is involved present a direct health or safety risk to the student or others, a decision shall be made by the administration about continuation of enrollment, or involvement in the activity, and such decision shall be made solely on such medical evaluation.
B5.45.8.3 An employee who is diagnosed as having HIV, AIDS, or ARC will be treated in the same manner as other employees who have other disabilities, illnesses or injuries as provided by State and federal law. If a physician's evaluation demonstrates that an employee diagnosed with HIV/AIDS or ARC is unable to perform the essential functions of his or her job position, with or without accommodation, due to such a diagnosis, or if specific employment related job functions present a direct health or safety risk to the employee or the College community, a decision shall be made by the administration about continuation of employment or work assignment, and such decision shall be made solely on such medical evaluation.
B5.45.8.4 No applicant will be denied an opportunity to compete for employment with the College solely on the basis of being diagnosed as or under suspicion of having HIV, AIDS, or ARC.
B5.45.8.5 Any student who believes he or she has been discriminated against on the basis of a diagnosis or of suspicion of having HIV, AIDS, or ARC, should immediately contact Student Services as provided by B7.19.
B5.45.8.6 Any employee who believes he or she has been discriminated against on the basis of a diagnosis or of suspicion of having HIV, AIDS, or ARC, should immediately contact the Human Resources and Equal Opportunity/Affirmative Action Office as provided by B5.50.
B5.45.9 Reasonable Accommodation: Students seeking accommodation HIV/AIDS-related or ARC – related disability limitations, should contact Student Services as provided by A7.8. Employees seeking accommodation HIV/AIDS-related or ARC – related disability limitations, should contact the Human Resources and Equal Opportunity/Affirmative Action Office as provided by B5.51.
A5.45.10 Administrative Procedures: Administrative procedures to comply with Section B5.45 of Board Policy.
A5.45.10.1 The Committee on Communicable Disease concerns, hereafter referred to as the "Committee," is appointed by the Chief Executive Officer (CEO).
A5.45.10.2 Purpose/Responsibility: The purpose and responsibility of the Committee is to provide the College community with researched information and direction with regard to a possible training program on life-threatening communicable diseases.
A5.45.10.3 General Statement: The physical and emotional health and well-being of all employees, students, and clients must be protected, and reasonable accommodation for the medically impaired employee or student suffering from a life-threatening communicable disease must be provided as long as the employee or student is able to meet acceptable performance standards. To provide such service to these persons, the following guidelines apply.
A5.45.10.4 Guidelines-Employees
A5.45.10.4.1 Any employee diagnosed with a life-threatening illness is entitled, as is any other employee, to confidentiality of the medical condition and medical records.
A5.45.10.4.2 An employee who has a life-threatening communicable disease is strongly encouraged to report, in writing, the fact to the CEO.
A5.45.10.4.3 If an employee with a life-threatening condition requests job accommodation for the medical condition, the CEO shall be contacted directly by the employee or through the Chair of the Committee for consultation; and the employee must present a written medical opinion that the employee is (a) medically able to work and (b) needs reasonable job accommodation, within limitations, in order to maintain employment.
A5.45.10.4.4 If it is deemed medically necessary, based upon current physical impairment, the CEO will consider any reasonable job modification or transfer of the employee with a diagnosed life-threatening communicable disease as the CEO deems appropriate.
A5.45.10.4.5 To provide employees with the necessary factual and up-to-date medical information to understand how life-threatening communicable diseases are transmitted, and to reduce unrealistic fears of contracting a life-threatening disease, the Committee, in consultation with the Nueces County Public Health Department, will develop a program to educate employees about life-threatening communicable diseases and will make the program available to the entire College community.
A5.45.10.4.6 Annually, the Committee will distribute to each employee an education pamphlet about the methods of transmission and prevention of HIV infection and the State laws relating to transmission and prevention of HIV infection.
A5.45.10.5 Guidelines-Students:
A5.45.10.5.1 Any student diagnosed with a life-threatening illness is entitled, as would be any other student, to confidentiality of his medical condition and medical records as provided under the Family Education Rights and Privacy Act of 1974.
A5.45.10.5.2 A student who has a life-threatening communicable disease is strongly encouraged to report, in writing, the fact to the CEO or to the Chief Student Affairs Officer (CSAO).
A5.45.10.5.3 If a student with a life-threatening communicable disease requests academic accommodation for the medical condition, the Committee would be contacted for consultation and the student must present a written medical opinion that the student is (a) medically able to attend classes and (b) needs reasonable academic accommodation in order to maintain studies.
A5.45.10.5.4 If it is deemed medically necessary, based upon current physical impairment, the Committee will work with the faculty member and the administration to recommend reasonable accommodations for the student.
A5.45.10.5.5 To provide students with the necessary factual and up-to-date medical information to understand how life-threatening communicable diseases are transmitted, and to reduce unrealistic fears of contracting a life-threatening disease, the Committee, in consultation with the Nueces County Public Health Department, will develop a program to educate students about life-threatening conditions.
A5.45.10.6 The Committee will make it possible through the Counseling Office on the East Campus, in the Harvin Center, for any student or employee to receive printed information on life-threatening communicable diseases upon request. The Counseling Office on the West Campus, in the Coleman Center, will also maintain printed information for students or employees seeking information.
A5.45.10.7 All complaints or reports of life-threatening communicable diseases should be reported to the CEO, Heldenfels Administration Building, East Campus; telephone 698-1203.
B5.46 Employee Performance Appraisal (Non-Faculty): Performance appraisal is a process for evaluating job performance and communicating assessment information to the employee. All regular non-faculty employees of the College should be evaluated at least once every twelve (12) months.
A5.46.1 Performance Appraisal Handbook: The performance appraisal process is explained in detail in the Performance Appraisal Handbooks for employees and supervisors available in the Office of Human Resources and Equal Opportunity/Affirmative Action.
A5.46.2 Discussion of Appraisal: Employees have a right to discuss an appraisal at the next highest supervisory level, and when it is not possible for employees and supervisors to settle any concerns between them, they are encouraged to consult with the reviewer.
A5.46.3 Human Resources Office: The Human Resources Office staff will answer any questions which arise out of the use of the performance appraisal system, and provide guidance as to the process available to employees to grieve a performance appraisal.
A5.46.3.1 Employees may grieve a performance appraisal decision as provided by B5.43.
B5.47 Resignations: Non-faculty employees who plan to resign from their positions at the College should give notice in writing as soon as possible but not less than two (2) weeks before the resignation is effective in the case of those employees under contract with the College. A member of the faculty who plans to resign at the end of the academic year should give the appropriate Chair and Dean a written statement of this intention no later than January 15.
B5.48 Salary Schedules for Non-faculty Employees: Chief Executive Officer (CEO) shall approve salary schedules for full-time non-faculty employees. Eligible non-faculty, non-temporary exempt and nonexempt employees who have been employed with the College in a regular budgeted, half-time or greater position for at least four months (Employed by May 1) and who are not at the maximum range for their current position pay grade, will receive an increase each year, as approved by the Board of Regents, according to their respective pay grade range, in recognition for a year of experience and performance, provided the employee has received a satisfactory performance evaluation for the year. In the event an employee is at the maximum pay grade range in their current position or an approved increase surpasses the maximum range, the CEO of the College may authorize an increase in salary that will exceed a pay grade range maximum.
A5.49 Progressive Discipline: The College uses a progressive disciplinary process whereby employees, other than at-will employees, are made aware of a problem and are given a reasonable opportunity to take corrective action. The administrative guidelines for the progressive disciplinary process are published and distributed by the Office of Human Resources and Equal Opportunity/Affirmative Action. This progressive disciplinary process is not intended to be used in situations where an employee's actions are so egregious that it requires more serious discipline up to and including termination.
B5.50 Discrimination and Harassment Complaint Policy for Employees: Del Mar College, in its continuing effort to seek equity in employment and act in compliance with federal and state law, provides a complaint procedure for the prompt and equitable investigation and resolution of complaints of unlawful retaliation, or discrimination and/or harassment of employees based on their race, color, age, national origin, religion, disability, genetic information, veteran or military status. Complaints of sexual misconduct (including pregnancy, gender identity/transgender status, sexual orientation), discrimination or retaliation may be found in the District’s Policy Prohibiting Sexual Misconduct B9.1. This procedure may be used by any employee of the College.
A5.50.1 Discrimination, Harassment and Retaliation Complaints: The Discrimination, Harassment and Retaliation Complaint procedure provides a process through which the College, as provided by law, may receive, respond to, and prevent incidents of alleged retaliation, or discrimination and/or harassment of employees based on their race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status.
A5.50.1.1 Exclusion: Employee grievances and general complaints that do not contain allegations of retaliation, or discrimination and/or harassment based on the employee’s race, color, national origin, sex (including pregnancy, gender identity/transgender status, sexual orientation), religion, age, sex, disability, genetic information, veteran or military status are excluded from this process. Complaints regarding an employee’s terms and conditions of employment will be addressed under policy B5.43. Complaints regarding incidents of sexual violence will be addressed pursuant to the District’s Policy Prohibiting Sexual Violence, B9.1.
A5.50.1.2 District Complaint Coordinator : The District Complaint Coordinator, who is the Director of Human Resources, shall receive any complaint of alleged retaliation, discrimination or harassment, as identified herein, assist the Complainant in the use of the complaint form, and provide the Complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with external agencies. An employee is also free to bring complaints under this section to any supervisor, manager or administrator of the College. Complaints received by any supervisor, manager or administrator of the College shall be promptly forwarded to the District Complaint Coordinator. The District Complaint Coordinator may identify a designee within the Human Resources/Equal Opportunity and Affirmative Action office to receive complaints.
A5.50.1.3 Complainant’s Rights: The Complainant is always free to file a complaint with the appropriate state or federal agency at any point during the complaint process.
A5.50.1.4 Confidentiality and Freedom from Reprisal or Retaliation: Complaints involve sensitive personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s), and any witnesses or parties engaged in the complaint process. There will be no retaliation, interference, or harassment toward any party or witness to a complaint. Should a Complainant or any witness experience any reprisal or retaliation as a result of a complaint filed pursuant to this policy, the Complainant or witness(es) should immediately report the retaliatory action to the District Complaint Coordinator for intake, investigation and resolution as provided herein.
Discrimination on the Basis of Protected Characteristic(s): Discrimination occurs when an employment action is taken against an employee based on the employee’s race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status. An employment action includes actions such as discharge, demotion, adverse compensation decisions, a refusal to hire, or a refusal to promote.
Harassment on the Basis of Protected Characteristic(s): Harassment is conduct of an oral, written, graphic or physical nature directed towards an employee by a co-worker, student, supervisor, manager, administrator or a third party participating in activities, work or programs of Del Mar College, based on the employee’s race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the employee’s work performance such that an intimidating, hostile, or offensive work environment is created.
Sexual Harassment: Sexual harassment is, generally, unwelcome conduct of a sexual nature against an employee by a co-worker, supervisor, manager, administrator or a third party participating in activities, work or programs of Del Mar College. Sexual harassment can include unwelcome sexual advances, requests for sexual favors in exchange for job benefits or as a condition of employment, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the employee’s work performance or create an intimidating, hostile, or offensive work environment. Sexual violence, a form of sexual harassment, is addressed in the District’s Policy Prohibiting Sexual Violence (B9.1).
Sex Discrimination: Sex discrimination includes sexual harassment and discrimination based on the individual’s sex, pregnancy, gender identity or transgender status, or sexual orientation.
Genetic Information: Genetic information includes information about an individual’s genetic tests; information about the genetic tests of a family member; family medical history; requests for, and receipt of, genetic services by an individual family member; and genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.
Retaliation: Retaliation occurs when a materially adverse employment action is taken against an employee because the employee complained about discrimination or harassment as provided by this policy, filed an EEOC charge of discrimination or harassment, participated as a witness in an investigation pursuant to this policy, or brought/participated in a lawsuit of discrimination or harassment. A materially adverse action is an action taken to dissuade a reasonable employee from making, supporting or participating in a complaint, charge or lawsuit alleging discrimination or harassment.
Complainant: The Complainant is the employee who initiates a complaint of discrimination, harassment or retaliation pursuant to B5.50.
Respondent: The Respondent is the employee named in a complaint of discrimination, harassment or retaliation initiated pursuant to B5.50, as having engaged in discrimination, harassment or retaliation against the Complainant.
A5.50.3 Informal Consultation and Counseling: The District Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. Although in certain instances verbal complaints may be acted upon, the procedures herein rest upon the submission of a written formal complaint that will enable a full and fair investigation of the facts. It is the Complainant’s responsibility to be certain that any complaint alleging complaints of discrimination, harassment or retaliation is filed as contemplated by this section.
A5.50.4 Reporting an Employee Formal Complaint. Employees should file a written complaint with the District Complaint Coordinator as soon as possible following the alleged discriminatory, harassing or retaliatory act or the date on which the Complainant first knew or reasonably should have known of such act. All such complaints should be submitted on the form provided by the College in order to insure the prompt processing and investigation of complaints. However, employees may also utilize personal memorandums or letters to describe their complaints. If an employee is unable to draft a written complaint, the District Complaint Coordinator shall meet with the employee and complete the form and intake information, which shall be reviewed and approved by the employee. Any such memoranda or letters, completed by either the employee or the District Complaint Coordinator, will be attached to the College’s Complaint of Discrimination/Harassment form by the District Complaint Coordinator and will be used for the initiation of a complaint. The written complaint shall contain:
- The name, local and permanent address(es), and telephone number(s) of the Complainant.
- A statement of facts explaining what happened and what the Complainant believes constituted the unlawful discriminatory, harassing or retaliatory acts in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time, and place where the alleged acts of unlawful discrimination, harassment or retaliation occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
- The name(s), and address(es) and telephone number(s) (if known) of the respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination, harassment or retaliation.
- Identification of the title and/or status of the persons charged whether faculty or staff.
A5.50.5 Complaint Review Procedure:
- Complaint proceeding is commenced by the filing of a complaint as detailed in A5.50.4.
- The complaint, together with a statement, shall be documented in a complaint file.
- The District Complaint Coordinator, or designee, shall begin a review and investigation of the complaint within 3 working days from the filing of the complaint. Steps will be taken immediately to insure the safety and wellbeing of a complainant employee where necessary.
- Upon receipt of a complaint, the District Complaint Coordinator, or designee, will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. Within 3 working days after the date of filing of the complaint, the District Complaint Coordinator, or designee, will provide notice and a detailed explanation of the nature of the complaint to the Respondent(s). Alternatively, such notice and summary of the complaint may be given by email or personal delivery, provided such delivery is made by the District Complaint Coordinator, or designee, and that proper proof of such delivery, including the date, time, and place where such delivery occurred is documented.
- Confidentiality of the identity of the Complainant shall be maintained, but not guaranteed, except to the degree or point where the review of the complaint cannot be continued without identification of the Complainant.
- The District Complaint Coordinator, or designee, shall review all relevant information and interview pertinent witnesses . Both the Complainant and the Respondent(s) shall be entitled to submit oral, recorded, and transcribed statements or other relevant and material evidence to the written record compiled by the District Complaint Coordinator, or designee . The District Complaint Coordinator shall apply a “preponderance of the evidence” standard in determining whether the Complainant’s allegations can be substantiated.
- No later than 20 working days, from the acceptance of a complaint, the District Complaint Coordinator or designee shall prepare a summary of findings and recommendation(s) for further action to be taken by the supervisor(s) of the Respondent. If the Respondent is the CEO, the findings and recommendations of the District Complaint Coordinator shall be submitted to the Board of Regents for review and action.
- If the District Complaint Coordinator determines that the complaint was substantiated, the Respondent’s supervisor(s) may take such disciplinary action as he/she deems appropriate in consultation with the Chief Human Resources Officer (CHRO), or designee. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to termination, demotion, reassignment, suspension, reprimand, or required training.
If the CEO is the Respondent, the Board of Regents shall advise the District Complaint Coordinator of any action to be taken by the College. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to termination, demotion, reassignment, suspension, reprimand, or required training.
If the Respondent is a student, the Director of Student Leadership/Campus Life may recommend such disciplinary action as he/she deems appropriate in consultation with the CHRO, or designee. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to expulsion, suspension, reprimand, or required training.- No later than 3 working days following receipt of the determination and findings of the District Complaint Coordinator, the Respondent’s supervisor or the Director of Student Leadership/Campus Life (whichever is applicable) in consultation with the CHRO, shall make a final determination of the action to be taken with regard to the Respondent where a complaint is substantiated. No later than 3 working days following the District Complaint Coordinator’s receipt of the supervisor’s or the Director of Student Leadership/Campus Life’s determination, the District Complaint Coordinator shall issue letters to the Complainant and to the Respondent(s) advising them of the findings of the investigation and the action to be taken by the College, if necessary. In the case of a student Respondent any notifications will be made subject to the Family Educational Rights and Privacy Act.
If the Respondent is the CEO, the Board of Regents shall notify District Complaint Coordinator of the action to be taken against the CEO, as soon as practicable, as permitted by the Texas Open Meetings Act. No later than 3 working days following the District Complaint Coordinator’s receipt of the Board’s determination, the District Complaint Coordinator shall issue letters to the Complainant and to the Respondent(s) advising them of the findings of the investigation and the action to be taken by the College, if necessary.- The Complainant and the Respondent may appeal findings and recommended disciplinary actions as provided by A5.50.8.
A5.50.6 Extension of Time Limits: During the pendency of the complaint review process, a party may request an extension of time limits stated herein to deal with emergent exigencies. Such request must be approved by the College CEO and all parties must be advised of any approved request.
A5.50.7 Filing Externally: If the Complainant is dissatisfied with the findings and determination and, or remedial action taken, the complainant may elect to file a complaint with one or more state and federal agencies. The District Complaint Coordinator will provide general information on state and federal guidelines and laws as well as names and addresses of such agencies.
A5.50.8 Appeals: Investigation findings and recommended disciplinary actions shall be appealed/grieved as provided herein. Pending appeal, where there has been a finding of discrimination, harassment or retaliation, the College may take interim measures to protect the Complainant, including temporary reassignment or suspension of the Respondent.
Complainants: Complainants may appeal investigation findings and disciplinary action recommendations by requesting, within 3 working days of receipt of notice of investigation findings and disciplinary action recommendations, that the investigation findings and disciplinary action recommendations be presented to the Board of Regents at the next regularly scheduled board meeting, unless the next regularly scheduled board meeting is less than ten calendar days from the Complainant’s request. If the next regularly scheduled meeting is scheduled to take place in less than ten days, the appeal of investigation findings and disciplinary action recommendations will be scheduled for the following month’s board meeting. The District Complaint Coordinator shall promptly forward to the Board of Regents, through the Board Liaison, the complete record of the matter, including the investigative file, findings, and recommendations. The request for appeal of investigation findings and disciplinary action recommendations must be in writing and timely submitted to the District Complaint Coordinator. Timely submitted requests for appeal will be presented to the Board of Regents for review.
The Board of Regents shall review materials and allow the parties, or their representative, an equal opportunity to present their arguments during the meeting. The Board of Regents may also request the District Complaint Coordinator attend and present an explanation of the investigation findings and disciplinary action recommendations. The Board of Regents shall then consider the appeal, utilizing a preponderance of the evidence standard, and provide a decision to the parties no later than five (5) working days after the meeting.
Respondents: Investigation findings and recommended disciplinary actions may be appealed by Respondents through grievance and appeal policies provided by applicable District Policy ( B5.43, B5.12, B6.39, B6.9 and B7.13.6 ). Where disciplinary appeal policies allow open hearings at the request of the Respondent, open hearings will not be permitted, except upon agreement by the Complainant. Complainants shall be given an equal opportunity to present witnesses, evidence, and their side of the story during any applicable appeal process utilized by the Respondent. Determinations by hearing officers or panels, in any applicable policy, shall utilize a preponderance of the evidence standard.
A5.50.9: Timely Notice of Appeal: If at any step during the appeal process the Respondent fails to timely meet any deadline or action required within the appeal process, the process will be considered abandoned and will terminate. Once the process is terminated pursuant to this section, the appeal is dismissed and cannot be re-filed. The decision of the supervisor shall be final.
A5.50.10: Academic Freedom/Free Speech: Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe unlawfully upon the academic freedom of any student or employee of Del Mar College.
B5.51 ADA Accommodation Policy for Employees and Job Applicants: Del Mar College will reasonably accommodate all employees and job applicants, with known qualifying disabilities or impairments, as required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), where no undue hardship is imposed on the College.
A5.51.1 Purpose : To provide a reasonable work place or application accommodation process for employees or job applicants with disabilities as provided under the Rehabilitation Act of 1973 and the ADA and ADAAA.
A5.52 Who is covered : Full or part-time employees and job applicants are invited to advise the College of any disability-based limitations to enable the College to assist the employee and determine eligibility for reasonable accommodation(s).
The College is under no obligation to provide reasonable accommodation unless an individual properly identifies him/herself as a person with disability-based limitations requiring an accommodation and supplies the necessary documentation.
The College will determine, in consultation with the employee and, if necessary, his/her medical providers, what constitutes a reasonable accommodation. The College reserves the right to request additional medical examinations, evaluations, or other appropriate information at college expense, if necessary. Supervisors must contact the Human Resources and Equal Opportunity/Affirmative Action Office for assistance in determining the needs of employees requesting accommodations.
Reasonable accommodation(s) will be granted, as determined by the College, unless any such accommodation(s) will cause an undue hardship for the College. In determining what constitutes a reasonable accommodation, or an undue hardship, the College’s decisions will conform to definitions and guidance provided by state and federal law.
The Human Resources and Equal Opportunity/Affirmative Action Office is responsible for the management, implementation and coordination of this policy. Any and all accommodations sought pursuant to this policy must be approved by the Director of Human Resources and Equal Opportunity/Affirmative Action Office and the employee’s supervisors. All information relating to an accommodation request is considered confidential.
A5.53.1 The employee notifies either HR-EO/AA, or the appropriate supervisor and the supervisor is required to notify HR-EO/AA of his/her limitations and the need for a disability-based accommodation(s).
A5.53.1.1 After notification, HR-EO/AA will provide the employee with the DMC Reasonable Accommodation Form and the Medical Provider Certification Form to be completed in order to identify his/her limitations and the need for a disability-based accommodation. The HR-EO/AA will determine if additional documentation of the claimed disability and associated accommodations is required from the employee’s medical provider.
A5.53.1.2 The completed Reasonable Accommodation Form, Disability Verification Form, and job description including essential functions, are reviewed to determine what special accommodations are needed to enable the employee to perform or continue to perform his/her job responsibilities. The employee’s manager, the Director of HR-EO/AA, and the appropriate supervisors will meet to discuss accommodation requests. The employee will be invited to propose possible accommodations and provide feedback regarding any accommodation proposed by the College.
A5.53.1.3 Employees will be notified in writing once a decision is reached as to any reasonable accommodations to be provided to the employee. The employee will be required to sign and return the letter to HR-EO/AA.
A5.53.1.4 In compliance with applicable laws and regulations, all documents pertaining to a disability request are placed in a confidential file, separate from the employee’s personnel file, and may be opened only by the employee or an appropriate HR-EO/AA representative on a documented and approved “as needed” basis.
A5.54 Service and Therapy Animals: Del Mar College is committed to complying with all federal, state and local guidelines related to the use of service and therapy animals by employees with disabilities whose medical documentation supports this accommodation.
Service Animal: A service animal is an animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting hearing impaired individuals to potential dangers, or pulling a wheelchair and picking up dropped items.
Therapy/Emotional Support Animal: A therapy/emotional support animal is an animal selected by a healthcare provider to play a part in the treatment process of an individual with a disability.
A5.54.2 Access: Subject to certain restrictions set forth in A5.53.4, a service or therapy animal will be allowed to accompany a disabled employee into any areas of the College to which a non-disabled employee would ordinarily have access. A service or therapy animal will be admitted to College areas even when not actively “working” or assisting a disabled employee, including, but not limited to, public dining facilities.
A5.54.3 Requirements of Service and Therapy Animals and Their Owners:
Registration and Documentation: In addition to providing documentation pursuant to A5.52.1.2 that establishes the employee has an impairment that warrants the use of a service or therapy animal, the employee must also provide documented proof that the service or therapy animal has a current city license and is current on the appropriate vaccination series for the type of animal. Employees granted an accommodation pursuant to A.5.52 for the use of a service or therapy animal, are also required to register the animal with the Safety Office.
Service and Therapy Animal Management: All approved service and therapy animals must be on a leash on campus and under the control of the disabled employee at all times; wear vaccination and owner contact tags; be healthy and free of fleas and other external parasites; and must be properly trained. Service and therapy animals may relieve themselves outdoors in campus grassy areas away from sidewalks. The service or therapy animal’s handler is required to clean up the animal’s biological waste and dispose of it in outdoor trash disposal containers, unless the employee/handler is physically unable to do so.
A5.54.4 Restrictions and Exclusion of Service and Therapy Animals: Service and therapy animals can be restricted from certain campus areas, or excluded from campus for the following reasons:
Aggressive or Disruptive Behavior : An animal may be removed and excluded from campus if its behavior is not controlled such that it is unruly or disruptive. “Unruly” or “disruptive” behaviors include, but are not limited to, excessive, inappropriate barking, growling, and, or aggressive behavior. The College may exclude uncontrolled service or therapy animals under these circumstances. It will be the employee’s responsibility to immediately arrange for 1) a substitute assistant; 2) another trained service or therapy animal; and, or 3) additional training for the current service or therapy animal. In the event additional training is obtained for the service or therapy animal the employee will be required to present proof of any such additional training before the animal will be allowed on campus.
Health and Safety Concerns: A service or therapy animal may be restricted from entering an area where it poses a threat to the health and safety of the campus community such as food preparation areas not otherwise open to the public, or laboratories or workshops that might interfere with or compromise the work being done. Exceptions to restricted areas may be granted on a case-by-case basis through the Human Resources and Equal Opportunity/Affirmative Action Office and the person directing or managing the restricted area.
Health of the Service or Therapy Animal : A service or therapy animal that is ill or in poor health may not be allowed on College property. An ill service or therapy animal may not be allowed on campus unless the employee can provide a written statement from a veterinarian that the animal poses no threat to the health and safety of the College community.
A5.54.5 Treatment of Service and Therapy Animals by the Del Mar College Community: Employees and students of the College community will abide by the following practices with regard to service and therapy animals: 1) service and therapy animals are allowed to accompany a disabled employee at all times and in all places on campus, except as provided by A5.53.4; 2) touching or petting of a service or therapy animal is prohibited unless invited to do so by the disabled employee; 3) feeding of a service or therapy animal is prohibited except by the disabled employee; 4) a service or therapy animal should not be deliberately startled; 5) no action should be taken to separate a disabled employee from his or her service or therapy animal, except under emergency situations where it may become necessary.
A5.54.6 Conflicting Disabilities: Other employees or students of the College with medical condition(s) that are affected by animals including, but not limited to, respiratory diseases, asthma or severe allergies should contact the Human Resources and Equal Opportunity/Affirmative Action Office if they have a concern about exposure to a service or therapy animal. The employee or student will be asked to provide medical documentation that identifies the condition(s), and will allow determination to be made as to whether an accommodation is necessary.
A5.54.7 Service and Therapy Animals in Training : The College will admit to its facilities a service or therapy animal in training when accompanied by an approved trainer who is an agent of an organization generally recognized by agencies involved in the rehabilitation of persons who are disabled as reputable and competent to provide training for service or therapy animals and their handlers.
A5.55 Prohibition of Disability Discrimination: The College strictly prohibits discrimination against employees based on disability as defined by state and federal law. If an employee believes he or she has suffered discrimination based on disability, including the illegal denial of an accommodation, or retaliation for having requested an accommodation, the employee should immediately contact the Human Resources and Equal Opportunity/Affirmative Action Office as provided by B5.50.
B5.57 BREAK TIME FOR NURSING MOTHERS Adopted August 14, 2018: Del Mar College will provide all employees who are Nursing Mothers with reasonable break time for expressing breast milk during working hours. This policy extends the provisions of the Patient Protection and Affordable Care Act and the Fair Labor Standards Act requiring break time for Nursing Mothers to all College employees.
A5.57.1 Compliance
A5.57.1.1 Supervisors must work with Nursing Mothers to determine the necessary, reasonable break times, or flexible scheduling, required to accommodate their unique needs. The number of breaks needed to express breast milk depends on numerous factors such as the number of feedings and age of the child. A nursing mother will typically need two to three breaks during an eight hour period; however, more break times may be necessary. Supervisors will exercise as much schedule flexibility as reasonably possible to accommodate the Nursing Mother’s needs.
A5.57.1.2 Supervisors must also work with their employees to help coordinate a Lactation Room.
A5.57.1.3 Nursing Mothers must provide adequate notice to their supervisor or designee of their request for lactation support (i.e. lactation room, flexible work, break time, etc.) and communicate their unique needs.
A5.57.1.4 Nursing Mothers are responsible for storage of expressed milk while on campus. The College is not responsible for the integrity or security of breast milk stored in any location or refrigerator on campus.
A5.57.2 Definitions
Breastfeed: means to feed a baby with milk directly from the breast.
Expressing (of breast milk): the process by which a woman expels milk from her breast. The breast milk can then be stored and fed to her baby at a later point in time.
Lactation Room: means a dedicated or non-dedicated private space used by Nursing Mothers to express milk. Lactation Rooms must be private, shielded from view, and not located in a restroom or common area.
Nursing Mother: means any individual who is currently breastfeeding or expressing breast milk for their child.
Page last updated September 7, 2023.