Office of Origin: Human Resources
Date Adopted: 07-29-82
Last Date Modified & Approved: 05-15-89
Notice of Equal Opportunity Policy
FULL-TIME ADMINISTRATORS and PROFESSIONAL/TECHNICAL STAFF
I. Appointment, Reappointment, and Termination
IV. Vacancies, Transfers and Assignments
V. Leaves of Absence
VI. Salary and Benefits
VII. Proprietary Rights
IX. Reduction in Force
X. Illness or Incapacity
XI. Just Cause
XII. Provisions for Due Process
NOTICE OF 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 race, color, religion, national origin, age, sex, height, weight, marital status, arrest record, handicap, political affiliation, or sexual preference.
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 and the faculty to the educational and institutional excellence of Lake Michigan College. The Board of Trustees has the legal authority to institute policies which ensure that the mission and goals of the College are achieved. The administration has the authority to develop and modify procedures which implement Board policies. The administration has the further responsibility to consult appropriately with the faculty on issues pertinent to the effective operation of the College in a manner responsive to faculty advisement and initiatives. The faculty has the professional obligation to participate actively in its advisory capacity to the decision-making processes of the administration through its involvement with College committees, task forces and councils. The governance systems of Lake Michigan 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 faculty and 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 direction of College properties and facilities, including the right to lease and to enter into major contracts.
2. Upon recommendation of the President, the hiring, assignment, layoff, discharge, and suspension of the College faculty and staff, subject to provisions of law and College policies, and the defining of the terms and conditions of their employment.
3. Upon recommendation of the President, 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:
1. Administer the policies of the Board of Trustees.
2. Recommend policies and procedures.
3. Make recommendations pertaining to College personnel to the Board of Trustees.
4. Use such discretion as is necessary to implement Board policies.
C. Role of the Administration
The Administrative Employment Agreement and the BOARD OF TRUSTEES POLICIES RELATING TO ADMINISTRATORS AND ADMINISTRATIVE STAFF legally describes and constitutes the specific terms and conditions of employment at Lake Michigan College. Changes to the BOARD OF TRUSTEES POLICIES may be proposed by the President after consultation with his/her Cabinet.
At a minimum, the following governance processes shall take place:
1. At least once per semester, the College President shall meet with the Faculty Senate 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.
2. Whenever standing or ad hoc committees containing faculty representation shall forward written recommendations to the appropriate administrator, said administrator shall respond, in writing, to that committee as to the disposition of the recommendation(s) as well as reason(s) for the disposition.
2. Whenever administrative procedures affecting faculty contractual conditions are modified or amended, such modifications or amendments will not take effect until after consultation with the faculty has taken place, and the resulting modifications and/or amendments have been published and disseminated among the faculty.
A. Administrators: Executive or managerial employees placed in exempt job evaluation Grades 10 through 12, who have primary responsibility for a division, department, or business operation, who assist the President in the development and implementation of College policies and procedures, and who may direct and supervise other College staff.
B. Professional/Technical: Managerial, professional, technical support or supervisory employees placed in exempt job evaluation Grades 9 or below, who assist executive administrators in the development and implementation of College policies and/or procedures, and who may direct and/or supervise other College staff.
C. Cabinet: Members of the College staff selected by the President to serve him/her in an advisory capacity.
D. Full-Time: Individuals employed by Lake Michigan College for thirty (30) hours or more per week for thirty-four (34) weeks or more annually, but excluding: faculty, on call food service staff, union employees and temporary employees, and individuals employed as a result of a federal, state or special grant.
E. For the purposes of this document, the terms "administrator," "professional/technical,” "supervisor" and "staff member" shall be used interchangeably except as otherwise indicated. FLSA "exempt" employees do not receive overtime pay.
A. Determination of Qualifications, Ability and Performance: The President shall recommend the appointment of administrators and professional/technical members and determine the requirements for their reappointment, termination, transfer or assignment. An evaluation process and/or instrument relating to the performance of the duties and requirements of the position will be developed by the President after consultation with the staff.
B. Minimum qualifications: The administration will establish minimum qualifications for each 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 as approved by the President. Any staff member whose current position is re-qualified 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.
The basic contractual obligation of the administrators and professional/technical staff is to assist in the implementation of the educational mission and goals of the College, to execute and administer the policies and procedures of the Board of Trustees, to undertake such administrative duties that are assigned and to manage and supervise College employees and programs within their jurisdiction.
Professional/Technical members shall participate in college governance and long-range planning through membership in College committees and councils. All staff members 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 President and/or executive supervisor, staff members will individually and collectively contribute to the general purposes of the College as defined in the position job description. Performance of the primary responsibilities of administrative positions will be accomplished without regard to hours.
FULL-TIME ADMINISTRATORS and PROFESSIONAL/TECHNICAL STAFF
I. Appointment and Reappointment
A. Appointment: Upon initial employment, each staff member shall receive a contract for no longer than one year with a termination date of June 30. Following the successful completion of his/her initial contract period, the staff member shall receive a one (1) or two (2) year contract, which may be extended annually, if recommended by the departmental administrator and approved by the President.
B. Reappointment: There is no automatic right of reappointment beyond the term of an employee's written contract.
A. Constitutional Rights: The Board of Trustees recognizes the right of any employee of the College to take or refrain from taking a stand on a political issue and to support or oppose any issue or candidate. Such activities, however, must be conducted on the individual's own time and off the premises of the College. The individual will exercise reasonable care to show that he/she is acting in his/her capacity as a private citizen.
B. Supplemental Employment: Upon prior notification to his/her immediate supervisor, an employee may engage in outside employment provided that:
1. The employment does not interfere with the employee's contractual responsibilities to the College;
2. The employment does not conflict with or compete with services or programs offered by the College within the College's services area;
3. The employment is not with a firm or organization that supplies goods or services to the College;
4. The employee does not represent to others that his/her outside employment is in any way connected with his/her position with the College, or with the College itself, or that he/she is acting as an agent, representative, or employee of the College. Where appropriate, the employee must make affirmative disclaimers of any such connections.
5. The employee does not use College equipment, materials or services in connection with his/her outside employment.
6. All outside employment shall be subject to Board policies relating to proprietary rights.
Note: Any outside employment which conflicts with the provisions of this Section shall be deemed a breach of the employee's employment contract with the College and subject to the provisions of policies relating to termination of employment during the term of contract.
C. Additional Earnings: A staff member, after consultation with his/her immediate supervisor, may teach classes/seminars or carry out instructional related activities not included in his/her duties and responsibilities for extra compensation.
D. Personnel Records: The staff member shall have the right to review the contents of his/her personnel file, excluding letters of recommendation. Excluding authorized College personnel or agents, no third party shall be permitted access to said materials without the written consent of the staff member unless disclosure is ordered in a legal action or government claim.
A. Health Examinations: Upon initial appointment or renewal, a staff member shall, if requested, submit to a general physical examination by a qualified physician. The examination form will be provided by the College. The cost of such examination will be paid by the College if the staff member uses a physician designated or approved by the Board; otherwise, the staff member shall pay the cost. In cases where the staff member's record shows recurring illness or incapacitation, the Board may request the staff member 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. Attendance at Formal Ceremonies: It is expected that all administrative staff members will be in attendance at the College graduation ceremonies unless excused by the appropriate vice president. The College will provide academic regalia or the cleaning of same for graduation exercises. Attendance at formal receptions or dedications may be required from time to time.
C. Performance Appraisal: Each staff member shall receive at least one performance appraisal annually by his/her immediate supervisor. Evaluation criteria shall be established by the President, after consultation with the Cabinet. Any modification or amendment of evaluation criteria will not become effective until after the modifications or amendments have been published and disseminated among the staff.
IV. Vacancies, Transfers and Assignments
Upon the proper recommendation of the President, 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.
A. Vacancies: Any and all full-time faculty, administrative staff vacancies and new positions shall be posted, unless filled by reassignment or reorganization. Such posting shall contain a list of minimum qualifications necessary to hold the position and a closing date for accepting applications.
B. Voluntary 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 appropriate vice president. Such notice must be received prior to February 1 of the contract year, and the supervisor shall respond by May 1. Such voluntary transfers may result in an increase or decrease in compensation according to the then current salary placement procedures.
C. Involuntary Transfers: The College retains the right to reassign or transfer any employee to any position or department within his/her competency at its sole discretion. Such involuntary transfers shall not result in a decrease in compensation during the remaining term of the contract.
V. Leaves of Absence
A. Paid Leaves of Absence:
1. Sick Leave: Twelve (12) days per year, credited annually, will be granted to each staff member, with accumulation to one hundred twenty (120) days.
2. Vacation Days: Twenty (20) days per year, credited annually, will be granted to each staff member, prorated to date of hire or termination.
Vacation time is not cumulative, and will be forfeited unless taken (1) during the fiscal year earned, or (2) during the following fiscal year.
3. Holidays: In the event the staff member is assigned to work during the time when the College is closed, he/she will be granted alternate time off.
4. Jury Duty: Any staff member who is called for and reports for jury duty shall be paid an amount equal to the difference between the individual'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. In order to receive payment under this Section, the member must give the Business Office prior noticethat 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 individual who, without being summoned, volunteers for jury duty.
5. Temporary Military Leave: Leave shall be granted to a staff member called for temporary military duty according to federal statutes. Where such leave is granted, the College shall compensate the member involved for the difference between his/her pay and his/her military base pay as computed on a daily basis.
6. Bereavement: In case of death in the immediate family or household, the staff member shall be granted up to three (3) days leave. In the case of a parent, spouse/partner or child/stepchild, five (5) days will be granted. One (1) day will be granted to attend the funeral of grandparents-in-law or brothers/sisters-in-law, aunts, uncles, nieces or nephews of the employee. Additional leave days may be approved at the discretion of the immediate supervisor and may be subtracted from the accumulated sick leave or vacation time.
7. Personal Business Leave: The number of days allowed annually for reasons of personal business is limited to two (2).
8. Professional Conference: Leaves to attend conferences and participate in other professional activities may be granted upon the approval of the supervising dean/director/vice president.
9. Academic Credit: Leave may be granted to attend courses taken for academic credit upon the recommendation of the appropriate vice president and the approval of the President.
10. Sabbatical Leave: An administrative staff member will be eligible for sabbatical leave at the completion of seven or more continuous years of service to the College. The purpose of sabbatical leave shall be for professional study, work on publications, educational travel, travel combined with study, research, or other purposes which, in the opinion of the Board of Trustees, will improve the quality of Lake Michigan College. If granted leave, the staff member shall receive one half salary for one year's leave, or full salary for six months or less.
11. Alternative Staff Development Programs: The College administrative staff 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 a staff member shall have the option to maintain his/her group insurance coverage 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 member upon his/her return; however a member on unpaid leave shall not accrue sick leave or additional sabbatical leave 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
c. Exchange teaching or 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: Staff members may be granted a personal leave for other reasons upon the recommendation of the President.
VI. 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 staff member's credentials and the program needs of the College.
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 staff members and eligible dependents, which may be amended from time to time. Professional liability insurance will be provided for all regular employees. In addition, members of the President's Cabinet may be provided with supplemental insurance as recommended by the President and approved by the Board.
D. Educational Grant Fund: Staff members are eligible for the payment of 100% of the tuition for the staff member, his/her spouse, and dependents who attend credit classes at Lake Michigan College.
Retired staff members 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 and are considered separate from tuition and shall be paid in full by the individual registered.
E. 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 member's pay schedule to the appropriate carrier in accordance with the Internal Revenue Code.
F. Payroll Deduction and Direct Deposit: The Board shall make available payroll deductions and direct deposit of paychecks as approved by the Comptroller.
G. Mileage Reimbursement: Whenever it is necessary for a staff member to travel on official College business, or whenever a staff member's assignment requires than he/she travel between the Campus and off-campus centers to fulfill the basic position requirements, he/she shall have use of the College car if available, or, if not available shall be reimbursed at the currently authorized rate.
VII. Proprietary Rights
A. Statement of Purpose
It is the intent of the Board of Trustees to encourage innovation and increase productivity in the teaching and learning processes of the College. The academic prestige of the College will be enhanced through the generation by its staff of publications, patents, grants and similar public evidence of scholarly expertise. The encouragement of activities specifically designed to improve the effectiveness and efficiency of the College operation is in the best interests of the College and consistent with its mission.
B. Areas of Proprietary Interest:
1. Any copyrightable material, process or product.
2. Any patentable material, process or product.
C. Circumstances Under Which the College WOULD NOT Claim Proprietary Interest:
If an employee has produced anything in the Area of Proprietary Interest on his/her own time, not involving College money, equipment, materials, personnel, or time (for which said person was paid to perform contracted duties), the College shall have no right to such materials, processes, products, or techniques. This section shall include materials developed while on Sabbatical Leave.
D. Circumstances Under Which the College MAY Claim Proprietary Interest:
1. If an employee is contracted specifically to produce materials, processes or products which could be in the Areas of Proprietary Interest, the College will retain all proprietary rights.
2. If an individual was employed with primary duties specified as other than the "project" but received additional compensation equivalent to a three (3) credit course payment; or received support (copying, videotaping, graphics, typing, etc.) valued at more than four hundred dollars ($400), then the College at its sole discretion would claim proprietary interest to the extent of recovery of all substantiated costs to the College associated with the project in question. Costs may be recovered by direct reimbursement, or may be recovered by applying fifty percent (50%) of profits until reimbursement is completed.
Under this circumstance, the College would retain the right to use internally that which was developed, without payment to the employee and/or copyright/patent holder. The employee would be free, at his/her expense to seek a copyright or patent and/or to market that which was developed.
E. General Provisions:
1. The person(s) producing the product shall be acknowledged as the author(s) and all appropriate credits shall be given to all primary and support personnel. The author(s) shall identify themselves as employees of Lake Michigan College.
2. If a project is supported in whole or in part by a grant from an external agency, the conditions of the grant will prevail. If no conditions are specified, the appropriate sections of this policy will apply.
3. In all cases, it shall be the obligation of the author(s) when entering into any other agreements, to make known the provisions of this policy and preserve the rights and provisions of this policy in any other agreements.
4. The internal use of developed material shall be without charge to the College and shall be housed and used as other materials. The College may distribute such materials to other institutions for the purpose of demonstration and review. External distribution by the College for any other reason shall be only with the written consent of the author(s). The author(s) may use such materials for professional activities such as workshops, etc. In cases where the College has gained proprietary rights, these should be preserved by the author(s). The author(s) retain the right to review recorded material in order to update or otherwise improve its quality or accuracy. If significant costs are associated with such changes, a separate agreement may be negotiated or, at the discretion of the College, the material may be removed from circulation.
A. Termination at Expiration of Contract: The College, in its sole discretion, may terminate the employment of a staff member, with or without cause or reason, at the expiration of the term of the member's contract, or at the expiration of any extension of such term in the following manner:
l. For a staff member under a one (1) year contract, by delivering a notice no later than June 1 of the year of expiration, that the College has elected to deny reappointment and has opted to terminate his/her employment at expiration of the contract's term.
2. For an employee under a two (2) year contract, by delivering a notice, no later than one (1) year preceding the date of expiration, that the College has elected to deny reappointment and that it has opted to terminate his/her employment at expiration of the contract's term.
B. Termination During the Term of Contract: The College may terminate the employment relationship during the term of the contract for any of the following reasons:
1. Reduction in force
2. Illness or incapacity
3. Just cause
C. Termination of Benefits: In the event the contract is terminated during its term, the College will have no further obligations to the staff member for salary or benefits from and after the date of termination subject to relevant statutes.
D. Progressive Discipline: The College 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 College shall determine the seriousness of the action requiring discipline and will determine the appropriate level of discipline to be followed.
In determining the seriousness of an infraction, not only will the conduct of the staff member be considered, but also the consequences of the conduct to the College and its operations.
IX. Reduction in Force
A. Notice: The College may terminate the contract of a staff member before its expiration if it determines that a reduction in the work force is necessary. In such case, the College will give a written layoff notice to the affected individual no less than two (2) weeks before the individual's services are to be terminated.
B. Method: In determining which staff members 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 President will consider the past performance, qualifications, experience and length of service at LMC of staff members in determining who will be retained and who will be laid off.
X. Illness or Incapacity
A. Right to Terminate: The College may terminate the contract of a staff member during its term if the individual 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 by a physician of its choosing, at its expense, for any staff member whom 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: Before a staff member’s employment is terminated due to illness, incapacity, or disability, a written notice of intent to terminate shall be delivered to the individual, or to the guardian, spouse, or such other person as may be legally responsible for the individual. Upon receipt of such notice, the individual may request implementation of the provisions for due process forth in Section XII. No termination will become effective until the completion of due process.
XI. Just Cause
A. The College may terminate or suspend the services of a staff member before expiration of the contract where just cause exists for such termination or suspension. Just cause includes, by way of illustration but not limitation, unsatisfactory performance, insubordination, violation of College rules or regulations, abandonment of duties, commission of crimes, or such other conduct as justifies the termination of suspension of employment before the expiration of the employment contract.
B. Termination or suspension during the term of a contract for just cause will not occur until the completion of due process.
XII. Provisions for Due Process
1. Notice: Before a staff member’s employment is suspended or terminated during a term of the contract, 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:
a. A statement of the reason or reasons for the suspension or recommendation for termination in sufficient detail to enable the member to be informed of the reasons for the recommendation.
b. A copy of the provisions for due process.
2. Right to a Hearing:
a. Disciplinary Suspension: Within five (5) working days of receipt of a notice of disciplinary suspension, the staff member may request a meeting with the President for 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 suspension will be in effect as deemed appropriate by the supervising dean and the appropriate vice president.
If upon meeting, the President and the staff member are unable to agree on the disposition of the suspension, the staff member may appeal to the Board of Trustees by submitting a written request for a formal hearing within five (5) working days after receiving the President's written decision.
b. Termination: Within ten (10) working days of notice of intent to recommend termination of services, the staff member may request a hearing before the Board of Trustees prior to the Board's taking final action on the recommendation.
c. Waiver of Due Process: Failure to request a hearing within the time limit set forth above will be deemed a waiver of the right of a due process hearing, and the Board of Trustees may thereafter act upon the President's recommendation at its convenience.
3. Request for Hearing: If a hearing is requested, the Board will set the time and place for such a hearing, which will be held within thirty two (32) calendar days of receipt of the staff member's request.
4. Conduct of Hearing: A hearing will be public or private at the option of the affected staff member. The member may appear personally, or through counsel, may call witnesses in his/her behalf, may cross-examine witnesses called in support of the recommendation, and may request and present such evidence as is relevant to the issue.
5. Burden of Proof: The person making the recommendation for suspension or termination will have the burden of establishing by a preponderance of the evidence that just cause exist for the suspension or termination of the staff member's services before expiration of the contract, or that the staff member is unable to satisfactorily perform the duties of his/her position due to his/her illness, incapacity or disability.
6. Record of Hearing: The member may request an audio record of the hearing to be taken and provided by the college. All records of the proceedings shall be kept separate from the personnel file of the member until the final determination of the case.
7. Decision: Within fourteen (14) calendar days of the conclusion of the hearing, the Board of Trustees shall render a decision on the recommendation. The decision of the Board shall be final.