Office of Origin: Human Resources
Date Adopted: 07-29-82
Last Date Modified & Approved: 03-15-89
Notice of Equal Opportunity Policy
I. FULL TIME CLASSIFIED STAFF
V. Appointment, Reappointment, and Termination
VIII. Reduction in Force
IX. Illness or Disability
X. Just Cause
XI. Provisions for Due Process
XIII. Vacancies, Transfers and Assignments
XIV. Leaves of Absence
XV. Salary and Benefits
II. PART TIME CLASSIFIED STAFF
XVII. Appointment, Reappointment and Termination
XVIII. Due Process
XXI. Compensation and Benefits
EQUAL OPPORTUNITY POLICY
The Lake Michigan College Board of Trustees has reaffirmed the College's continuing commitment to equal opportunity, nondiscrimination and affirmative action. Lake Michigan College does not discriminate on the basis of sex, religion, race, political affiliation, national origin, marital status, sexual preference, handicap, creed, color or age.
Please refer to the "Affirmative Action/Non-Discrimination" section of the Human Resource Structure with Personnel Lists and Job Descriptions three-ring binder for specific information relating to the equal opportunity policies and procedures of Lake Michigan College.
There is a shared commitment among the Board of Trustees, the administration, the faculty and the staff to the educational and institutional excellence of Lake Michigan College. The Board of Trustees has the legal obligation and authority to institute policies which ensure that the mission and goals of the College are achieved. The administration has the obligation and the authority to develop and modify procedures which implement Board policies. The administration has the further responsibility to consult appropriately with the staff on issues pertinent to the effective operation of the College. The governance systems of Lake Michigan College are intended to involve all segments of the College in decisions related to their role and responsibility in achieving the mission of the College.
A. Duties and Responsibilities of the Board
The Board of Trustees possesses all rights and powers to manage Lake Michigan College and to direct its staff as conferred by the laws and constitution of the State of Michigan and of the United States. Encompassed in the Board's responsibility to manage the Community College District, these rights and powers include, but are not limited to:
1. The executive management and administrative direction of College properties, facilities and staff, including the right to lease and to enter into major contracts.
2. The hiring, assignment, layoff, discharge, and suspension of the College staff, subject to provisions of law, and the defining of the terms and conditions of their employment.
3. The establishment or elimination of College curricula, programs, and extra-curricular programs and services.
4. The promulgation, amendment, modification or repeal of Board of Trustees policies, either on its own initiative or in response to recommendations proposed by the administration and/or the faculty.
B. Duties and Responsibilities of the President
The President is the chief planning officer, chief executive officer, and chief operating officer of the College. The President possesses the authority to administer the policies of the Board of Trustees, to recommend policies to the Board, and to use such discretion as is necessary to implement Board policies.
C. Role of the Classified Staff
The classified staff employment agreement as defined by the BOARD OF TRUSTEES' POLICIES RELATING TO CLASSIFIED STAFF legally describes and constitutes the specific terms and conditions of classified staff employment at Lake Michigan College. Changes to the employment policy may be presented by the administration for Board of Trustee consideration after appropriate consultation with the classified staff, as determined by the administration. Whenever administrative procedures affecting classified staff employment conditions are modified or amended, such modifications or amendments will not take effect until after such modifications and/or amendments have been published or disseminated among the staff.
At a minimum, the following governance process shall take place: At least once per academic year, the College President shall meet with the classified staff to discuss matters of concern to either or both of the parties. Either party may initiate items for discussion and either party may bring additional persons to the meeting.
E. Classified Staff Development Activities/Meetings
Classified staff activities and/or meetings may be scheduled by the Director of Human Resources or his/her designee for the purposes of:
2. Orientation to College policies and procedures
3. Personal and professional staff development activities and in-service training
Any and all questions regarding interpretation or application of matters contained in this document shall be directed to the Director of Human Resources.
Full-Time Classified Staff
Full-time Classified Staff are considered to be non-exempt office, clerical and support staff persons employed by Lake Michigan College for thirty (30) hours or more per week, for thirty-four (34) weeks or more annually, but excluding: faculty, administrative staff, on-call food service, physical plant, student employees and temporary employees, including individuals employed as a result of a federal, state or special grant. For the purposes of this document, the terms "classified staff" and "employees" shall be used interchangeably.
A. Determination of Qualifications, Ability and Performance: The Board possesses the right to judge the qualifications of employees and to determine the requirements for their appointment, reappointment, termination, transfer or assignment. The President will develop and implement evaluative criteria after consultation with the administration and the classified staff.
B. Minimum qualifications: The administration will establish minimum qualifications for each employee position and it will publish those qualifications in job descriptions.
C. Modification of Minimum Qualifications: Minimum qualifications may be amended or modified from time to time. Any such amendment or modification will not become effective until published or disseminated among the employees. Any employee whose position is requalified will be eligible to retain his/her position for at least the remainder of the term of his/her appointment, even if he/she does not possess the newly established minimum qualifications.
IV. Employee Responsibilities
The basic employment obligation of the classified staff of Lake Michigan College is to assist in the implementation of the educational mission and goals of the College.
Employees may participate in college governance and long-range planning through membership in College committees and councils as assigned. All employees are expected to continually develop in professional growth and competence, and are encouraged to participate in service to the community. In addition to special assignments made by the supervisor, employees shall perform all duties and responsibilities as defined in the position job description.
A. Appointment: Initial appointments to full-time positions shall be for an orientation period of up to ninety (90) days. If, at the conclusion of the ninety days, the administration decides to hire the employee, a letter of appointment shall be given to the employee for the balance of the fiscal year. Appointments for the first through fifth year of employment are for one year. After the fifth year of employment, a two-year appointment may be granted, upon the recommendation of the departmental administrator and the appropriate vice president, and contingent upon "'Expected' or above past performance reviews." The College will comply with existing state and federal law regarding mandatory retirement ages.
B. Reappointment: There is no automatic right of reappointment beyond the term of the employee's written letter of appointment; however, an individual's appointment may be extended from the expiration of his/her latest term of employment unless he/she receives notice of intention to terminate as set forth in paragraph C. below, or unless his/her services are terminated under paragraph D. below.
C. Termination at Expiration of Appointment: The College, in its sole discretion, may terminate the employment of any employee, with or without cause or reason, at the expiration of the term of the employee's letter of appointment, or at the expiration of any extension of such term in the following manner: For employees under a letter of appointment or a written extension of appointment, by delivering a notice no later than fourteen (14) calendar days of the date of expiration, that the College has elected to deny reappointment and has opted to terminate the individual's employment at expiration of the current term. D. Termination During the Term of Appointment: The College may terminate the employment of an individual during the term of the letter of appointment for any of the following reasons:
1. Reduction in workforce
2. Illness or incapacity
3. Just cause
E. Termination of Benefits: In the event employment is terminated, the College will have no further obligations to the employee for salary or benefits from and after the date of termination subject to relevant statutes.
F. Resignation and Terminal Pay: An employee shall give at least two weeks written notice to the Office of Human Resources of intent to resign. To qualify for terminal pay, an employee must have completed one full year of full-time employment. An employee shall be entitled to one week of terminal pay in addition to any unused accrued vacation benefit, except that any employee who does not give the required two weeks written notice of intent to resign shall forfeit all terminal pay.
G. Progressive Discipline: The College administration will follow a system of progressive/corrective discipline. The supervisor and the employee are encouraged to informally discuss the work situation and/or performance problems before formal corrective steps become necessary.
1. In normal circumstances, corrective steps, whether for related or unrelated infractions, will include written warning first, followed by suspension with or without pay, and then termination.
2. All discipline shall be commensurate with the seriousness of the infraction and disciplinary steps may be repeated for less serious infractions, or may be bypassed for more serious infractions.
3. The immediate supervisor, in consultation with his/her departmental administrator, shall determine the seriousness of the action requiring discipline and determine the appropriate level of discipline.
In determining the seriousness of an infraction, not only will the conduct of the employee be considered, but also the consequences of the conduct to the College and its operations.
4. All progressive/corrective discipline shall be subject to the provisions of due process as set forth in Section XI.
A. Constitutional Rights: When the employee speaks or writes as a citizen and not within his/her College assignment, said employee shall be free from institutional control. The employee shall clarify the fact that he/she speaks as an individual and not on behalf of the College.
B. Additional Earnings: The employee may engage in activities entailing financial remuneration outside of his/her College employment so long as that activity does not interfere with the performance of his/her assigned duties to the College.
C. Personnel Records: There will be only one official personnel file for each employee. This file will be maintained in the Office of Human Resources. The employee shall have the right to review the contents of his/her personnel file, excluding letters of recommendation, with an appropriate administrator. Excluding authorized College personnel or agents, no third party shall be permitted access to said materials without the written consent of the employee unless disclosure is ordered in a legal action or government claim.
VII. Employee Obligations
A. Health Examinations: The employee shall, upon initial or renewal of employment, if requested, submit to a general physical examination by a qualified physician. The examination form will be provided by the College and will include any relevant health factors as determined by the Board. The cost of such examination will be paid by the College if the employee uses a physician designated or approved by the Board; otherwise, the employee shall pay the cost. The letter of appointment will be withheld until proof of the examination has been filed with the Office of Human Resources along with a statement from the examining physician indicating that the applicant is physically and mentally fit to carry on his/her duties without endangering the health of others.
In cases where the employee's record shows recurring illness or incapacitation, the Board may request the employee to visit his/her doctor at stated intervals for examination and treatment. The cost of said requested medical treatment will be paid by the College.
B. "Right to Know": The employee, upon initial employment, will receive hazardous materials training, as mandated by the State of Michigan, and will be expected to adhere to all relevant laws, regulations and procedures of the College thereto.
C. Committees: Employees may be assigned to committees, task forces or councils established to provide assistance in College operations as approved by the departmental administrator.
VI. Reduction in Force
A. Notice: The College may terminate the appointment of an employee if it determines that a reduction in the workforce is necessary. In such case, the College will give a written layoff notice to the affected employee no less than ten (10) work days before the employee's services are to be terminated or shall provide two (2) weeks pay in lieu of notice.
B. Method: In determining which employees will be laid off, the Board will first consider the program needs of the College to determine the areas or departments where the reduction will take place. Within the areas or departments scheduled for reduction, the appropriate vice president, in consultation with the appropriate departmental administrator(s), will consider the past performance, qualifications, experience and length of service of employees in recommending who will be retained and who will be laid off.
C. Recall: An employee who is laid off will be eligible to be recalled or reappointed to any available vacancy for which he/she is qualified. The employee will be eligible for recall consideration for a period of one calendar year from the date that layoff occurs. An employee will be recalled in the inverse order of layoff provided that the employee possesses the appropriate qualifications. In the event more than one employee is laid off simultaneously, the College will recall that employee who, in its judgement, possesses the better qualifications for the available vacancy.
D. Loss of Recall Right: A laid off employee is responsible for providing the College with a current mailing address. In the event the employee refuses recall or fails to respond to a recall notice within fifteen (15) calendar days of the date it is mailed to the employee's last known address, then the employee will no longer be eligible for recall consideration and his/her name will be removed from the recall list.
E. Procedures: The administration may develop, adopt and amend from time to time the operational procedures to implement this policy. Any such modification or amendment will not become effective until the modifications or amendments have been published or disseminated among the classified staff.
IX. Illness or Disability
A. Right to Terminate: The College may terminate the appointment of an employee during its term if the employee is unable to satisfactorily perform or to resume his/her duties because of illness, disability or incapacity at the expiration of any authorized medical leave of absence.
B. Physician's Examination: The College may require examination by a physician of its choosing, at its expense, for any employee who it believes may be unable to perform his/her duties due to illness, disability or incapacity. Refusal to submit to such examination will be grounds for termination.
C. Notice and Due Process: Before an employee's appointment is terminated due to illness, incapacity, or disability, a written notice of intent to terminate shall be delivered to the employee, or to the guardian, spouse, or such other person as may be legally responsible for the employee. Upon receipt of such notice, the employee may request implementation of the provisions for due process set forth in Section XI below. No termination will become effective until completion of due process.
X. Just Cause
A. The College may terminate or suspend the services of an employee before expiration of the letter of appointment where just cause exists for such termination or suspension. Just cause includes, by way of illustration but not limitation, unsatisfactory performance, gross insubordination, gross violation of College rules or regulations, abandonment of duties, commission of crimes, or such other conduct as justifies the termination or suspension of employment before the expiration of the letter of appointment.
B. Termination or suspension during the term of appointment for just cause will not occur until the provisions for due process set forth in Section XI have been completed.
XI. Provisions for Due Process
A. Purpose: The due process provisions set forth in this Section apply only to circumstances involving the disciplinary suspension or termination of an employee's employment before the expiration of the letter of appointment for reason of illness, disability or incapacity, or for just cause. Other complaints or disputes will be subject to the grievance procedure.
B. Notice: Before an employee's employment is suspended or terminated during a term of appointment, he/she will receive from the President or the President's designee a written notice of suspension or written notice of intent to recommend termination of services. Such notice shall contain:
1. A statement of the reason or reasons for the suspension or recommendation for termination in sufficient detail to enable the employee to be informed of the reasons for the recommendation.
2. A copy of the provisions for due process.
C. Right to a Meeting:
Within five (5) working days of receipt of a notice of disciplinary suspension, the employee may request a meeting with the Director of Human Resources, or his/her designee, for discussion within two weeks.
Failure to request a meeting within the time limit set above will be deemed a waiver of the right of a due process hearing, and the termination will be in effect as deemed appropriate by the immediate supervisor and the executive administrator of the division.
If upon meeting, the Director of Human Resources and the employee are unable to agree on the appropriateness of the termination, the employee may appeal to the President by submitting a written request for a meeting for discussion.
The decision of the President shall be final.
A. Definition: A grievance is a complaint that there has been a violation or misinterpretation of a written policy of the Board, or of an operational procedure of the administration, or of an express provision of the classified staff employees' employment agreement, or of rights provided by law. The following are not subject to the grievance procedure:
1. Decisions to reduce the work force.
2. The contents of evaluation documents.
3. The modification, amendment or repeal of any operational procedure established by the administration unless it violates a Board policy.
4. The modification, amendment or repeal of any Board Policy.
B. Joined Grievance: A grievant must join in a single grievance proceeding every claim that he/she has arising out of the same transaction or occurrence, even where it is asserted that the transaction or occurrence has violated more than one Board policy, administrative procedure, or law. A grievant is prohibited from filing more than one grievance concerning the same transaction or occurrence.
C. Forms: The administration shall develop grievance forms for the use of processing grievances. All grievances must be signed by the aggrieved employee and must specify the date or dates upon which the complained of action occurred, the policy, provision or law which is claimed violated, the facts upon which the aggrieved employee relies, and the relief requested.
D. College-Wide Grievance Procedure: The following procedure will be used in processing grievances. If a grievant fails to appeal a decision to the next level within the established time limits, the grievance will be deemed settled and withdrawn. If a response to the grievance is not provided within the established time limit, the grievance will be automatically advanced to the next level. The time limits may be extended only upon mutual agreement.
The term "days" shall mean normal working days and shall exclude Saturdays, Sundays, holidays defined in the College instructional calendar and days when the College is officially closed.
Before initiating a formal grievance, the aggrieved person is encouraged to informally discuss the matter with the person whose action is being grieved.
Level 1: If a satisfactory resolution is not reached through informal discussion, or through conciliation where the grievance is based in whole or in part on a claim of discrimination, the aggrieved person may file a written grievance with the supervising dean or director. Such grievance must be filed within fourteen (14) working days of the event or occurrence giving rise to the grievance, or within fourteen (14) working days of the termination of the conciliation process. Within seven (7) working days the dean or director will render a written decision, setting forth the reasons for his/her disposition of the grievance.
Level 2: If the grievance is not resolved at Level 1, the grievant may, within seven (7) working days of receipt of the decision, appeal the Level 1 disposition to the appropriate vice president. Within seven (7) working days, the vice president will render a written decision, setting forth the reasons for his/her disposition of the grievance.
Level 3: If the grievance is not resolved at Level 2, the grievant may, within seven (7) working days of receipt of the decision, notify the President of his/her desire to appeal to an ad hoc grievance committee. The ad hoc grievance committee shall consist of three (3) members, one chosen by the grievant, one chosen by the party whose actions are being grieved, and a chairperson chosen by the first two members, none of whom may be members of the department to which the grievant or the opposing party belongs. If all procedures have been timely followed, the President shall direct the committee to hold a hearing, within fourteen (14) working days. The committee may adopt such procedures for the hearing as it deems appropriate. However, the grievant shall be entitled to:
1. Have an advisor of his/her choosing to act as counsel.
2. Be present at all sessions of the committee at which evidence is received or argument is heard.
3. Call, examine, and cross-examine witnesses.
4. Examine all documentary evidence received by the committee.
5. Present documentary evidence to the committee.
6. If not provided in Level 1 or Level 2, an explanation of the reasons for denial of the grievance with sufficient detail and in sufficient time as determined by the grievance committee to permit the grievant to prepare for committee hearing.
The failure to provide any of the foregoing rights in numbers 1 through 6 above will result in the grievance automatically being resolved in favor of the grievant.
The grievance committee shall, within fourteen (14) working days of conclusion of the hearing, file with the President a written report, containing the committee's conclusions and recommendations and reasons therefore. A copy of such report shall also be provided to the grievant. If these recommendations are acceptable to both the aggrieved person and the President, a joint statement will be signed recognizing the recommendations as the final resolution.
Level 4: If the grievance is not settled at Level 3, the President will, within fourteen (14) working days, formulate his/her own recommendations and the reasons therefore. The aggrieved person shall be furnished with a copy of the President's recommendations and shall, within seven (7) working days of receipt of the President's recommendations accept or reject the President's recommendations.
Level 5: If the grievance is not resolved at Level 4, a full record of the case, including the recommendations of the President and any comments by the aggrieved member,shall be transmitted to the Chairman of the Board of Trustees. The Board, based on the record before it, may then make a final disposition on the grievance, or may appoint a sub-committee to study the matter and to dispose of the grievance in such a manner as it deems appropriate. Final Board disposition shall be made within thirty (30) working days of receipt of the President's recommendations.
XIII. Vacancies. Transfers and Assignments
The Board shall have the sole authority to fill any and all vacancies and new positions. The President is authorized to develop human resource procedures and to recommend individuals for hire, transfer or reassignment.
A. Vacancies: Any and all full-time classified staff vacancies and new positions shall be posted, unless filled by reassignment or reorganization. Such postings shall contain a list of minimum qualifications necessary to hold the position and a closing date for accepting applications.
B. Affirmative Action: The administration shall develop and implement an affirmative action personnel policy program including equal opportunity employment procedures.
C. Transfers: Any full-time employee may request a change in departmental assignment to another area within his/her competency by giving official written notice to his/her supervisor with a copy to the Director of Human Resources.
XIV. Leaves of Absence - Full-Time Employees
A. Paid Leaves of Absence:
1. Sick Leave: One (1) sick leave day per month of appointment, credited annually (after the initial orientation period) will be granted to each full-time employee, with accumulation to one hundred twenty (120) days. During the orientation period, one sick leave day per month is granted.
Any disability deriving from pregnancy, including childbirth, recovering from childbirth, miscarriage or abortion will be treated the same as any other illness or injury (temporary medical disability) for purposes of use of sick leave.
2. Jury Duty: Any employee who is called for and reports for jury duty shall be paid an amount equal to the difference between the employee's salary as computed on a daily basis and the daily jury duty fee paid by the court for each day he/she performs jury duty, excluding mileage. In order to receive payment under this Section, the employee must give the Business Office prior notice that he/she has been summoned for jury duty and must furnish satisfactory evidence that jury duty was performed on the days for which he/she claims payment. The provisions of this Section do not apply to any member who, without being summoned, volunteers for jury duty.
3. Temporary Military Leave: Leave shall be granted to an employee called for temporary military duty according to federal statutes. Where such leave is granted, the College shall compensate the employee involved for the difference between his/her pay and his/her military pay as computed on a daily basis.
4. Bereavement: In case of death in the immediate family or household, the employee shall be granted up to three (3) days leave. The term "immediate family" shall mean parents, brothers, sisters, grandparents, grandchildren and parents-in-law of the member. In the case of a spouse, child or stepchild, five (5) days will be granted. One (1) day will be granted to attend the funeral of aunts, uncles, grandparents-in-law or brothers/sisters-in-law. Additional leave days may be approved at the discretion of the immediate supervisor, and shall be subtracted from the accumulated sick leave.
5. Personal Business Leave: The number of days allowed annually for reasons of personal business is limited to two (2) and may not be utilized until the orientation period has been successfully completed. Personal business leave is not cumulative, and may not normally be utilized on the day immediately preceding or following days when the College is officially closed for Holidays and breaks.
6. Professional Conference: Leaves to attend conferences and participate in other professional activities may be granted upon the approval of the immediate supervisor.
7. Alternative Staff Development Programs: The full-time College employees may participate in alternative staff development programs, such as the Community College Exchange Program, or other exchanges with governmental or business institutions as authorized by the President. B. Unpaid Leaves of Absence: An unpaid leave of absence of up to two years may be granted by the Board upon the recommendation of the President. While on unpaid leave an employee shall have the option to maintain his/her group insurance coverage for up to eighteen (18) months by assuming the premiums payable one month in advance.
B. Unpaid Leaves of Absence:
An unpaid leave of absence of up to two years may be granted by the Board upon the recommendation of the President.
While on unpaid leave an employee shall have the option to maintain his/her group insurance coverage for up to eighteen (18) months by assuming the premiums payable one month in advance.
Benefits or rights accumulated prior to the effective date of the leave of absence shall be carried forward and credited to the employee upon his/her return; however, an employee on unpaid leave shall not accrue sick leave or vacation credit while on leave.
Decisions of the College concerning unpaid leaves are final and are not subject to review.
1. Professional Leave: Unpaid professional leaves may be taken for purposes such as:
a. Advanced study
b. Exchange assignment
2. Personal Leaves: Unpaid personal leaves may be taken for the following reasons:
c. Illness in the immediate family or household
d. Military Service
e. Public Service
3. Other Leaves: Employees may be granted a personal leave for other reasons upon the recommendation of the President.
XV. Salary and Benefits
A. Salary Determination: The President shall have the authority to offer and recommend salary, consistent with the College's evaluation of the employee's credentials and the program needs of the College.
The administration may develop and modify salary placement criteria and procedures. No amendments or modifications will take effect until accepted by the Board of Trustees and published or disseminated among employees.
B. Michigan Public Schools Retirement System: The current standard contribution to the Michigan Public School Employee's Retirement System is paid in full by the College. Additional employee contributions may be deducted under the guidelines of the MPSERS as amended from time to time.
C. Insurance Coverage: The College shall provide insurance coverage without cost to full-time employees and eligible dependents, which will include:
1. health insurance coverage, including hospital, medical, surgical, dental, vision and long-term disability,
2. term life insurance, and
3. other such types of coverage that may be offered and amended from time to time. Other optional group insurance coverage at the employee's expense may be available by arrangement with the Business Office; all premiums will be payable in advance.
D. Vacations: Vacations are given to salaried, full-time classified staff according to the following schedule:
Length of Service
First year through fourth year 10 working days
Fifth year through ninth year l5 working days
Tenth year 20 working days
Twentieth Year 25 working days
No vacation days may be taken until after successful completion of the orientation period. The administration shall develop procedures which may be modified or amended from time to time. Any such modifications or amendments shall not take effect until published and disseminated among the College employees.
E. Educational Grant Fund: All salaried, full-time employees are eligible for the payment of 100% of the tuition for the employee, his/her spouse, and IRS dependents who attend credit classes at Lake Michigan College.
By arrangement with the immediate supervisor, an employee may take one such class during his/her work schedule up to a maximum of three (3) clock hours per week during the Fall and Winter semester.
Retired employees who have accumulated a minimum of ten (10) years of full-time service at Lake Michigan College are eligible for the payment of 100% of the tuition for credit classes.
All College fees are administratively determined, considered separate from tuition and shall be paid in full by the individual registered.
F. Tax Deferred Annuity: The Board shall make available a salary deferral plan with any carrier approved by the Comptroller. Contributions, when made, shall be transmitted according to the employee's pay schedule to the appropriate carrier in accordance with the Internal Revenue Code of 1954 as amended.
G. Payroll Deduction and Direct Deposit: The Board shall make available payroll deductions and direct deposit of paychecks as approved by the Comptroller.
H. Mileage Reimbursement: Whenever it is necessary for an employee to travel on official College business, he/she shall have use of the College car if available, or, if not available, shall be reimbursed at the current authorized rate.
A. Basic Workload:
1. The basic workload of a full-time employee is defined as thirty-seven and one-half (37-1/2) hours per week for thirty-four (34) weeks or more annually. The normal working day for full-time classified staff employees shall consist of seven and one-half (7-1/2) hours. The basic workload is scheduled as flextime, based on a seven day workweek. The basic workload is assigned by the supervisor subject to administrative procedures, modified from time to time and shall include a daily lunchtime, deemed unpaid by the College, and two fifteen (15) minute breaks. Modifications to the basic workload, such as summer hours, may be implemented from time to time on the recommendation of the President. Such modifications shall not take effect until published or disseminated among the employees.
2. The employee shall be given twenty-four (24) hours notice when he/she will be expected to extend the working day beyond the normal seven and one-half (7 ½) hours. If giving adequate notice is not possible, time and one-half will be paid.
3. The employee shall be given one week's notice if his/her workweek is changed.
4. Employees are paid for days when the College is closed due to emergencies, i.e. weather conditions.
B. Overtime and Compensatory Time
1. Employees who are scheduled to work hours in excess of forty (40) hours per week will be compensated at a rate of time and one-half of hourly base pay/compensatory time as mutually agreed with the supervisor. Compensatory time must be utilized within two weeks of being earned.
2. Employees who are called back to work because of a College emergency shall be compensated at double their hourly base pay rate per hours worked. The employee shall receive a guaranteed minimum of four (4) hours' pay for such an emergency callback.
C. Paid Holidays
The following paid holidays will be allowed to all full-time classified staff providing school is not in session, and provided they fall within his/her scheduled work year:
New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Day and two additional days during the holiday season to be determined by the President.
D. Performance Review: A performance appraisal of each new employee is made at the end of the 90 day orientation period. The supervisor may extend such period up to an additional 90 days if deemed necessary. After the orientation period(s), performance appraisals are made at the immediate supervisor's discretion, but no less than once annually. The College performance appraisal form is used and is signed by both the supervisor and the employee, who may add his/her comments, and is sent to the Office of Human Resources for the personnel file. The signature does not necessarily mean agreement with the performance appraisal, but indicates that the employee has read the evaluation.
III.REGULAR PART-TlME CLASSIFIED STAFF
XVII. Appointment. Reappointment and Termination
A. Appointment: Part-time classified staff shall be employed by the College only when the need for such service exists, as determined by the administration.
Qualifications for part-time employees shall meet the minimum standards for the position for which the need exists.
Initial appointments to part-time positions shall be for an orientation period of no longer than ninety (90) days. If, at the conclusion of the ninety days, the administration decides to hire the employee, a letter of appointment shall be given to the employee for the balance of the current fiscal year. No appointment shall exceed one fiscal year in length.
B. Reappointment: There is no automatic right of reappointment beyond the term of a part-time employee's written letter of appointment. Reappointment will occur only upon mutual agreement between the appointee and the College.
C. Termination at Expiration of Appointment: The College, in its sole discretion, may terminate the employment of any employee, with or without cause or reason, at the expiration of the term of the employee's letter of appointment, or at the expiration of any extension of such term in the following manner:
For employees under a letter of appointment or a written extension of appointment, by delivering a notice no later than fourteen (14) calendar days of the date of expiration, that the College has elected to deny reappointment and has opted to terminate the individuals employment at expiration of the current term.
D. Termination During the Term of Appointment: The College may terminate the employment of a part-time employee during the term of the appointment for the following reasons:
1. Reduction in workforce
2. Illness or incapacity
3. Just cause
XVIII. Due Process:
Within five (5) working days after receipt of a notice of termination for just cause, the employee may request in writing a meeting with the Director of Human Resources for a discussion.
Failure to request a meeting within the time limit set above will be deemed a waiver of the right of a due process hearing, and the termination will be in effect as deemed appropriate by the supervisor. If upon meeting, the Director of Human Resources and the employee are unable to agree on the appropriateness of the dismissal, the appointee may appeal to the President by submitting within five (5) days a written request for a meeting for discussion.
The decision of the President shall be final.
A. Each regular part-time employee shall have the right upon reasonable request and notice to review, with an appropriate administrator, the contents of his/her personnel file, excluding letters of recommendation.
B. Each regular part-time employee is entitled to the enjoyment of his/her constitutionally guaranteed rights. When he/she acts as a private citizen, he/she shall be free from institutional discipline. The part-time employee shall make it clear that he/she is acting as a private citizen and does not speak for the College.
XX. Evaluation: Each regular part-time employee shall be evaluated after ninety (90) days of his/her initial appointment. After the initial evaluation, he/she will be evaluated at the discretion of the supervisor, but at least annually.
XXI. Compensation and Benefits
A. Salary Determination:
The President of his/her designee shall have the authority to offer and recommend salary, consistent with the College's evaluation of the employee's credentials and the programs needs of the College.
Initial appointments are for an orientation period of 90 days, and may be extended only upon the supervisor's recommendation. The administration shall establish placement and salary advancement procedures.
B. Benefits for Part-Time Employees:
The current standard contribution to the Michigan Public School Employee's Retirement System is paid in full by the College. Additional employee contributions may be deducted under the guidelines of the MPSERS as amended from time to time.
2. Tuition Benefit: Regular part-time employees working twenty (20) hours or more are eligible for the reimbursement of 50% of the tuition paid by the employee, his/her spouse, and dependents. All fees are administratively determined and shall be paid by the individual registered in the class.
3. Direct Deposit and Payroll Deductions: The Board shall make available direct deposit of paychecks and those payroll deductions approved by the Comptroller.
4. Vacation Days: Regular part-time employees shall be entitled to five days of paid vacation for each 1,000 hours worked. "A day" is determined by the regular number of hours the employee normally works during a day (i.e. 4 hours/day).
5. Sick Days: Regular part-time employees shall be entitled to one sick day for each equated month worked (21 cumulative working days). "A day" is determined by the regular number of hours the employee normally works during a day, and may be accumulated to a maximum of 15 days.
Responsibility: Vice President, Administrative Services & Special Assistant to the President