Employee Handbook- Chapter 2
EQUAL EMPLOYMENT OPPORTUNITY
The College provides equal employment opportunity to all employees and applicants for employment regardless of their race, color, sex, sexual orientation, religion, age, national origin, political affiliation, disabling condition, or service in the uniformed services, in accordance with applicable law. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.
Berea College, in light of its mission in the tradition of “impartial love” and social equality, welcomes “all peoples of the earth” to learn and work here. It is the policy of Berea College not to discriminate on the basis of race, color, religion, national or ethnic origin, age, sex, handicap, or sexual orientation in its educational programs, admissions practices, scholarship and loan programs, athletics and other school-administered activities or employment practices. This policy is in compliance with the requirements of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, regulations of the Internal Revenue Service, and all other applicable federal, state and local statutes, ordinances and regulations.
The College has appointed compliance officers regarding handicap and sex discrimination. The Section 504 Coordinator (contact 985-3131) oversees activities and facilities to insure that they are accessible to disabled persons and that the College is in full compliance with the Rehabilitation Act of 1973 and subsequent related legislation. The Title VII/IX Coordinator (contact 985-3006) is charged to assist all elements of the College to eliminate any vestiges of discrimination based on gender, and to monitor institutional compliance with Title VII of the Civil Rights Act of 1964, as amended, and Title IX of the Education Amendments of 1972 and related legislation. These coordinators are available to receive inquiries and complaints; all complaints are thoroughly investigated and appropriate action taken. See Directory for a current listing.
RECRUITING & HIRING PROCEDURES
This policy is intended to strengthen and systematize the recruitment and hiring of Berea College employees. First, this policy informs each hiring unit (e.g., department, office, etc.) of the procedures required to hire new staff. Second, this policy seeks to improve the quality and diversity of applicant pools and selected candidates. Third, this policy seeks to align recruitment and hiring practices with Berea’s institutional mission. If there are any questions about the intent or application of the following policies and procedures, please contact the Office of People Services.
Prior to Recruiting
1. Review the primary duties and responsibilities of the position and consider any necessary changes. Determine what duties and responsibilities are essential for the employee to perform and what abilities are reasonably required for these tasks. Eliminate unnecessary criteria that might narrow the pool. Non-essential duties should not be included.
2. A new or revised Position Description Form is required whenever a position is requested for recruitment. (All forms referenced in this policy may be obtained on the People Services web page or in the Office of People Services).
3. Complete the Staffing Request Form justifying the need for recruitment and submit it to the appropriate department head and Vice President or Dean for initial review and endorsement. Next, submit the endorsed Staffing Request Form along with the Position Description Form to the Administrative Committee for review and approval.
4. With approval notification from the Administrative Committee, the recruiting process begins. The Secretary for the Administrative Committee will provide official notice to the People Services Department when positions are approved. The nature of the search committee’s responsibilities (e.g., recruiting, screening, selecting, etc.) should be determined in consultation with the appropriate Vice President or Dean of the Faculty.
1. Employment advertising will be developed collaboratively between the hiring department and People Services. Advertising will be carefully placed to increase diversity within the potential employment pools. Consider where to advertise as well as venues where qualified diverse applicants could be notified and recruited. Undertake concerted efforts to reach applicants from historically under-represented groups. Enlist current employees for assistance whenever appropriate. Use professional networks to increase the diversity of the pool. Advertising will be approved and placed by People Services or by the appropriate Vice President or Dean of the Faculty in consultation with People Services.
2. In seeking applicants from historically under-represented groups, it is important to identify the population being recruited and identify areas where applicants from these groups are present. Applicants will be afforded an opportunity to provide voluntary demographic information which will be confidentially maintained by People Services. The overall applicant pool will be assessed by People Services for its quality, depth, and diversity. If the applicant pool is determined to be inadequate based on this information, People Services will consult with the hiring department and the appropriate Vice President or Dean of the Faculty to determine how the recruitment effort should proceed.
3. All applicants to Berea College are required to complete an application.
4. Prescreening, interviewing, and documentation methods (e.g. notes, etc.) are discussed with those who are involved in the interviewing process. All applicants considered for hire must be able to perform the essential duties of the position and meet the minimum requirements of the position. Additionally, People Services will be responsible for administering various assessment tools prior to interviews being scheduled. Attention will be paid to affording diverse candidates full consideration.
5. All materials received directly by hiring departments must be forwarded to People Services for appropriate recording and processing. At the appropriate time, People Services will provide the applications to the hiring department or search committee for review. The Director of People Services or the appropriate Vice President or Dean of the Faculty will assist the department or committee in determining candidates to be interviewed.
1. Each College employee who will participate in the interview process will receive a copy of the current Interview Guide from People Services and must become familiar with its contents.
2. In preparation for the interview, interviewers must read the Recruiting & Hiring Procedures and the Interview Guide and should consider ways of making all applicants feel welcome before, during, and after their visit.
3. During the interview, each applicant should be asked questions about the Workplace Expectations (e.g., teamwork, integrity, etc.). Attention should be paid to the applicant’s background and experience relevant to the particular duties of the position, including experience working with or mentoring people of different races, cultures, and genders. Ask for examples of the desired behaviors. (See the Interview Guide.)
4. Ask the candidate the required questions found in the Interview Guide. Ask for any questions the applicant may have about the College and the position.
Staff hires at Berea College are overseen by members of the Administrative Committee (AC). The individual managing a particular hire is referred to as the “Responsible Supervisor” in the following. Members of the AC may also designate a direct report to serve as the Responsible Supervisor for hiring in particular areas. Such delegation may be reasonable when the direct report in question supervises a unit of significant size and specialized purpose. In such cases, accountability for all aspects of the search and appointment remains with the responsible member of the AC, and, in particular, that member of the AC must approve proposed salary offers.
The Responsible Supervisor is to conduct reference checks on the selected candidate.* References are very important in helping to determine if the selected candidate will be a great fit for the role and the particular work group. A minimum of three work-related references are to be done to gather both:
• Hard data– confirmation of the candidate’s track record, skills, and competencies, including information about the role the candidate played within the organization, specific responsibilities, and performance; and
• Qualitative data – tangible examples that allow a better understanding of the candidate’s management and communication style, track record, and both strengths and areas for improvement, including more qualitative questions about the individual’s style, interpersonal interactions, and approach to work.
The references on the selected candidate are to be forwarded to People Services for the HR file. Applicant and search records are to be maintained for two years and then destroyed.
Prior to Offer
1. Once an applicant is recommended for hire, a criminal background check comprised of a social security number verification, county criminal record, national criminal database record, national sex offender registry, and Kentucky Administrative Office of the Courts searches is secured.
2. To select an applicant for employment, the hiring supervisor will discuss with the Director of People Services, and with the Responsible Supervisor, the appropriate salary to be offered to the applicant. Salary determinations will be made based on the applicant’s relevant experience and only after conducting a review of similar positions within the department and across the College. Regional and national salary comparisons will be used as appropriate and available.
3. Once the salary determination is made and approved by the AC member, an offer of employment will be extended on behalf of the College most often by the Director of People Services, but occasionally by the President or the Responsible Supervisor.
4. Offers should be extended in writing in the form of a letter agreement including all terms and conditions of employment. People Services or the Responsible Supervisor can inform the candidate via phone or email to expect an official offer in the form of a letter.
1. The Request for Personnel Action (RPA) Form must be completed, signed, and forwarded to People Services prior to the proposed hire date.
2. An appointment letter will be sent to newly hired employees by the Vice President or Director of People Services or the Responsible Supervisor. If the letter is sent by the Director of People Services, a copy of the letter will be forwarded to the Responsible Supervisor.
3. A department-specific plan for orientation will outline how the new employee will be oriented and acquainted with staff, departmental procedures, policies, etc.
4. Newly hired staff members will be scheduled by People Services for benefits orientation and payroll enrollment normally within the first 48 hours of employment.
5. People Services or the Responsible Supervisor will correspond with the remaining applicants in the pool to inform them that the position has been filled.
Approved by the Administrative Committee 11/25/03—Revised 11/30/04 and 08/20/13. Effective Date: 08/20/13.
During your first few days of employment, non-teaching staff members will participate in an initial orientation program conducted by Office of People Services and various members of their department, including their supervisor. During this program, newly hired staff members will receive important information regarding the following: performance requirements of the position, basic College policies, compensation and benefit programs, plus other information necessary to acquaint oneself with a new job and with Berea College. At this time, all necessary paperwork such as medical benefit plan enrollment forms, beneficiary designation forms, and appropriate federal, state, and local tax forms will be completed. All newly hired Berea College employees are required to present the Office of People Services with information establishing both identity and eligibility to work in the United States in accordance with applicable federal law.
Following this initial pay and benefits enrollment process, most new staff members will be assigned to attend an additional orientation program to learn more about the history, mission, and expectations of this unique workplace. Topics will include learning about the College’s Christian Identity, its Great Commitments, the Workplace Expectations, the institutional commitment to Sustainability, the policy regarding sexual harassment, and the Annual Performance Evaluation process for staff.
The orientation program is the time to familiarize oneself with the College and the College’s policies and benefits. We encourage you to ask any questions you may have during this program so that you will understand all the guidelines that affect and govern your employment relationship with us.
PROBATIONARY PERIODS FOR NEW HIRES
OR TRANSFERRING EMPLOYEES
A probationary period of 90 days for new hires and those transferred to new positions is a helpful way to make certain that the orientation process and the staff member’s work performance are in alignment with the goals and objectives of the department and the College. This allows for frequent communication and feedback to the employee by his or her supervisor/team leader and is intended to create opportunities for the discussion of actual work performance, the transition to the College campus environment and the identification of both short and long term goals.
OTHER PROBATIONARY PERIODS
In some situations, a probationary period may be necessary at other times during employment where performance or employee conduct do not meet the expectations of the work group or department. In situations where a “cautionary” probation period is identified, improvement is required if employment is to be continued. Such instances are documented in writing and explained to the employee by the employee’s supervisor at the time the probationary status is communicated.
Due to the sensitive nature of employment as a Public Safety Officer and the extensive and complex duties performed, a probationary period of 180 days is standard for this category of employees. The probationary period may be extended for up to 90 days at the discretion of the Public Safety Director in consultation with the Vice President of Labor and Student Life and the Director of People Services.
If you are hired as a full-time or part-time staff employee, your first ninety days of employment is a trial period. This provides you and the College with the opportunity to determine if the working assignment is mutually satisfactory. If, during this period, either you or the College decides the working arrangement is not satisfactory, either may terminate the relationship without notice. The completion of the trial period should not be construed as creating a contract or as guaranteeing employment for any specific duration or as establishing a “just cause” termination standard.
One of a supervisor’s responsibilities is to help his/her employees to grow professionally. Effective supervision involves regular observation, conversation, encouragement, instruction, and constructive suggestions to employees. This continuous supervision and feedback provides the employee an understanding of the work, the supervisor’s expectations, acknowledgement of successes, and the opportunity to improve, both for achieving employees and those not meeting
The main purpose of performance reviews is to help an employee improve his/her job performance and to identify growth opportunities. Ideally, we evaluate and review employee performance on an ongoing, day-to-day basis, and the formal written performance review is the summation of that process for the entire evaluation period.
Formal performance reviews are completed for all staff employees on an annual basis with the use of online software. The annual performance review consists of two parts – a self-evaluation and a supervisor’s performance assessment. Performance indicators assessed include the College’s Workplace Expectations and performance of position-specific duties.
Berea College, in light of its mission in the tradition of impartial love and social equality, welcomes all peoples of the earth to learn and work here. This means that the College welcomes all students and staff who seek to live and to learn at Berea in the context of the College’s mission as expressed in the Great Commitments. But this does not mean that all behaviors are considered acceptable. Given Berea’s inclusive welcome to all peoples of the earth, the College will not tolerate speech and acts that are harassing to anyone regardless of race, gender, age, religion, sexual orientation, national origin, or other such distinguishing characteristics.
(As adopted by the General Faculty, December 7. 2000)
Harassment prohibited by this policy includes verbal or physical conduct that, because of its severity and/or persistence, substantially interferes with the mutual respect and collegiality afforded all individuals at Berea College. In particular, harassment may include verbal or physical behavior directed at an individual that is abusive of that individual’s distinguishing characteristics, including race, gender, age, religion, sexual orientation, or national origin, to such an extent as to substantially interfere with the individual’s work or education or adversely affect one’s living conditions.
In prohibiting harassment in all its forms, Berea seeks to preserve and enhance academic freedom for all members of the campus community. Nothing in this policy is intended to limit the freedom of inquiry, teaching, or learning necessary to the College’s educational purposes, or to inhibit scholarly, scientific, or artistic treatment of subject matter appropriate to an institution of higher education.
This policy applies to all persons enrolled or employed at Berea College and Berea College is committed to investigating and resolving all complaints of harassment. Such complaints should be directed via email to TitleIX@Berea.edu or by phone to 859-985-3006.
Reviewed by AC 6.15.11 and approved for inclusion in the Berea College Catalog and Student Handbook, the Faculty Manual, and the Employee Handbook.
Procedures: See Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College policies.
Sexual Harassment Policy
All Berea College employees and students are expected to conduct themselves in accordance with the high human and spiritual values that arise from the College’s commitments and traditions. The College is committed to study, reflection, work, and social interaction which manifest these high values and foster healthy human and spiritual development. This requires an environment of mutual respect free of religious, racial, or sexual discrimination and free from harassment.
Berea College specifically prohibits sexual harassment of students, employees, or visitors, and is committed to investigating and resolving all such complaints. Such conduct will result in disciplinary action up to and including dismissal, whether the offender is faculty, staff, administrator, student, or trustee. Student offenders will be disciplined in accordance with provisions of the Student Judicial Code. The policy applies also to vendors, contractors, or other persons doing business with the College, in which case appropriate recommendations and business decisions will be made. Also prohibited is retaliation through discrimination, intimidation, threat, coercion, or any other means against anyone who has reported sexual harassment or filed a grievance alleging sexual harassment. Procedures for reporting, investigating, and hearing complaints of sexual harassment are described in the Harassment Procedures.
In prohibiting sexual harassment in all its forms, Berea seeks to preserve and enhance academic freedom for all members of the campus community. Nothing in this policy is intended to limit the freedom of inquiry, teaching, or learning necessary to the College’s educational purposes, or to inhibit scholarly, scientific, or artistic treatment of subject matter appropriate to an institution of higher education.
Explanation of Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended, by Title IX of the Education Amendments of 1972, and, in Kentucky, by the Fair Employment Practices Act, KRS 344.010 et seq and KRS 207.170.
Sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical behaviors related to a person’s gender, sexual identity, or sexuality when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic advancement or employment;
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment.
Items (1) and (2) above describe what is known as quid pro quo (this for that) harassment. This type of harassment involves promise of reward or threat of punishment, explicitly or implicitly, for sexual cooperation. In quid pro quo one incident is enough to constitute sexual harassment.
Item (3) above describes what is known as “hostile environment” harassment. Though this type of harassment is not always recognized, and often goes unreported and unpunished, it is nevertheless an offense under federal and College guidelines. Generally, a pattern of behavior is required to create a hostile environment, though such behavior may be so egregious that a single incident is enough to create such an environment.
Sexual harassment contains these two elements:
• Sexual harassment is behavior that is unwanted and unwelcome.
• Sexual harassment is behavior related to the gender, sexual identity, or sexuality of the person.
Sexual harassment is behavior that is unwanted and unwelcome by the recipient. Because sexual conduct only becomes unlawful when it is unwelcome, it is important to note that most courts have not considered the intent of the alleged harasser relevant in determining whether sexual harassment has occurred. Acquiescence is not evidence of consent. Acquiescence, especially to a person with authority to give or withdraw such things as employment or grades, or when the two individuals have unequal power, should not be considered evidence that the behavior is welcome. Sexual harassment often occurs in situations where one person is in a position of power or authority over another, but it can occur where there is no evident power differential. Both women and men can be harassed, and harassment can be same-sex harassment.
Gender harassment is sex-based behavior that is non-sexual in nature. Gender harassment does not involve sexual compliance but its effect is to dominate or degrade an individual or group of people. The Equal Employment Opportunity Commission guidelines recommend that the “totality of the circumstances” be considered in determining whether sexual harassment has occurred. Thus, the appropriateness or legitimacy of behavior or objects is largely determined by the context and purpose of their presence in a particular situation.
Harassment may be verbal, visual, or physical. Verbal harassment may include comments on one’s appearance or body; questions about one’s intimate relationships; graphic, obscene, degrading comments or jokes. Suggestive sounds, ridicule, written or oral invitations and advances that are inappropriate and unwelcome may be harassment. Visual conduct that can be harassing includes such actions as leering, staring at certain body parts, and displaying sexual objects, offensive posters or pictures. Physical harassment includes any unwelcome hugging or touching, and certainly pinching, fondling, or kissing. Forced sexual contact, the most extreme of which is rape, is clearly physical harassment.
(Approved by the General Faculty on February 16, 1995; adopted by the Board of Trustees on April 22, 1995.)
Illustrations of Sexual Harassment
The following types of conduct and situational examples illustrate only some of the ways in which sexual harassment may occur in violation of College policy:
Types of conduct such as:
- Physical assault;
- Direct or subtle solicitation of sexual activity;
- Direct or subtle solicitation of sexual activity or sex-related behavior coupled with a promise of reward or threat of punishment;
- Unwelcome physical contact such as touching, or physical interference which limits participation in or benefit from work or academic performance;
- Unwelcome remarks about a person’s clothing or body;
- Explicit sexual questions, innuendoes, gestures, jokes, stories and anecdotes;
- Display or posting of sexually offensive posters, pictures, words, graffiti or messages;
- Introduction of sexually explicit materials into the classroom or workplace without an educational or work-related purpose.
Situational examples of conduct that may illustrate sexual harassment include: (BOX)
- Connie is attending a residence hall open house where a band is playing in a crowded room. She tries to move closer to see a couple of friends and encounters several male students who won’t let her pass. Connie says: “Pardon me, I’m trying to get by to see my friends.” As she moves past one of the male students, he turns his body next to hers and rubs across her breast. When she protests, he turns to his friends and laughs aloud saying: “She’s a real ice queen.”
- Matt walks into a crowded line at food service where he is pinched from behind by a female who says: “Nice buns!”
- A female student who has typically received A’s and B’s in all of her courses unexpectedly receives a poor grade on her essay. She makes an appointment with the professor and meets at his office after regular hours to discuss her concerns. The professor closes the office door and suggests that she might improve her grade if she “treats him right.” The female student declines and she continues to receive poor grades. She complains to the department chair and her work is reviewed by another member of the department, resulting in the positive revision of her grades.
- Bob keeps a baseball bat in his residence hall room with the words “fag basher” painted on it. In an altercation with Jay, a gay student on the same floor, Bob grabs his bat and waves it around in an attempt to intimidate Jay and get him to leave the floor. Despite urging from his roommate, Jay decides not to report the altercation for fear of retaliation by Bob and his friends.
- While visiting his girl friend at a residence hall open house, Stuart sees a poster board on a wall with his name on it along with several other male students. Next to each name is a number from 1 to 10 with a caption stating “Stud Poll” reflecting the results of an informal floor ballot among female students on the sex appeal of the male students.
- A male labor supervisor is known for his inclination to make sexual advances or remarks to women, frequently trying to touch them if they are alone or in an out of the way place. Others in the workplace are aware of this behavior but ignore it or feel it is none of their business what the boss does. As a result, female staff members are forced to warn other women to avoid being caught alone or unawares with the supervisor.
- A male coach remarks to a female colleague: “You’re awfully cranky today, must be that time of the month again.”
- Residents of a female residence hall hang a poster in the lobby men’s restroom stating: “Don’t kid yourself – size DOES matter!”
Procedures for Reporting, Investigating, and Hearing Alleged Violations Of Certain College Policies
Berea College is committed to investigating and resolving all complaints of personal conduct violating the College’s policies concerning: (i) harassment, (ii) sexual harassment, (iii) prohibited discrimination and (iv) the College’s policy on consensual relationships between employees and students (any of the foregoing being referred to as a “Violation”). The College provides the following procedures for reporting and investigating allegations and hearing complaints involving members of the faculty, staff, or administration. The procedures contained in this document (the “Procedures”) may also be used, at the discretion of the President of the College, in other matters involving alleged violations of College policy where no specific investigative or hearing procedures have been designated. Complaints involving only students fall under the jurisdiction of the Student Conduct and Judicial Codes. Claims of harassment, etc. directed toward third parties such as College contractors or vendors are not within the scope of these Procedures and will be addressed administratively or otherwise.
A person who believes that he or she has been the victim of a Violation or desires to report a Violation may choose to pursue and resolve the situation privately without invoking these Procedures. The College may also explore administrative resolutions that involve both parties (i.e., accuser and accused). However, pursuing the matter administratively or privately does not preclude subsequent use of these Procedures. Students or employees of the College seeking information or having questions related to these Procedures may contact the Title IX Officer.
1. If a person (a) who believes that he or she has been the victim of a Violation, or (b) has firsthand knowledge of a Violation (such person being referred to as the “complainant”) chooses to pursue the allegation through the administrative or formal hearing processes described below, he or she begins by making a complaint to the College’s Title VII/IX Compliance Officer. (A “complaint” is defined as a written communication from a complainant that leads to investigation and action.)
2. A complainant may wish to make a record of the behavior constituting the Violation, including the date and a description of exactly what happened, who said or did what, and any other observations. The names of any witnesses to the incident may also be recorded. Such a record is best made promptly to ensure its greater reliability.
3. A person accused of a Violation (the “respondent”) may elect to report the matter to the Compliance Officer or the respondent’s supervisor, and is encouraged also to keep a record of the incident upon which the allegation was based.
1. The Compliance Officer will investigate any complaint of an alleged Violation and inform the respondent as soon as this is appropriate during the investigative process.
2. If the Compliance Officer determines that the alleged Violation is not likely to have occurred, the complainant, the respondent, and any appropriate administrator or other staff member who has been involved in the investigation will be so informed and the complaint dismissed. The complainant may, within 5 calendar days of such a dismissal, appeal to the President for review of the Compliance Officer’s action. The decision of the President on any such appeal is final and binding.
3. If there is an initial determination that there is a reasonable basis to believe that the alleged Violation has occurred, the Compliance Officer will report the matter to the appropriate senior administrator (usually the vice president of the College division in which the respondent is employed), will advise the
complainant of his or her options in pursuing the complaint. The Compliance Officer will also inform the respondent of the complaint if this has not already occurred during the investigation.
A complaint not dismissed by the Compliance Officer can be handled either administratively or through a hearing process utilizing these Procedures.
Resolving Complaints Administratively
1. The complainant, whether student, faculty, staff member, or administrator, may request to have the matter informally resolved by the senior administrator (usually the vice president of the division in which the respondent is employed) to whom the respondent reports. The respondent must also be informed of this choice of process. If the parties cannot agree on an informal process, the complaint will be acted upon as provided in these Procedures.
2. The processes followed during informal administrative resolutions may vary, depending on the circumstances surrounding the complaint, but the senior administrator who is asked to examine the complaint must begin the process as soon as possible after he or she has received the complaint but in no case more than 15 calendar days after the incident is reported.
3. In resolving complaints informally, the senior administrator must consult with the Compliance Officer regarding appropriate action in order to provide fair and consistent responses to similar matters across campus.
4. If the complaint is informally resolved to the satisfaction of the complainant, respondent, and senior administrator, the administrator shall provide a statement of resolution in writing, including any terms of the agreement, to the complainant, respondent and the Compliance Officer.
5. At any point in the administrative process, either party may choose to move directly to the formal hearing process. If the complaint being handled administratively cannot be resolved, a formal hearing may be requested (as described below).
Resolving Complaints through the Formal Hearing Process
1. In order to initiate a formal hearing, the complainant must state in writing the charge(s) that the panel will hear. Such charge(s) shall contain a recitation of the specific facts and circumstances constituting the alleged Violation. The respondent shall be given a copy of the charging document describing the Violation.
2. Formal complaints will be heard by a panel chosen from the pool of elected members of the Campus Conduct Hearing Board. The panel shall consist of three persons selected by the President of the College according to policy governing the Campus Conduct Hearing Board. The President shall name the panel’s chairperson. The hearing process should begin as soon as possible and the panel must ordinarily conclude its work no less than 15 calendar days after the complaint has been submitted to the panel. Once the panel is appointed and organized, the panel’s chairperson or the appropriate administrator shall give the complainant and respondent at least 2 calendar days’ notice of the time and place of the hearing.
3. Except in extraordinary circumstances, the respondent is entitled to confront his or her accuser and any witnesses at the hearing. The right of confrontation may be waived by the absence or gross misconduct of the respondent. The complainant and the respondent may each have one personal advisor present at the hearing. Such advisor(s) must be a full-time member of the faculty, staff, or administration of the College. Persons not directly involved in the hearing are not allowed to attend.
4. Other than the complainant and respondent, those who may testify are normally limited to witnesses or persons with personal knowledge of the incident or those who investigated the incident. Character witnesses are not permitted either for the complainant or respondent. Any available documentary evidence (e.g. email, letters, written documents or other records) that the parties intend to introduce should be submitted to the panel Chair in advance of the hearing.
5. The standard of proof in a formal hearing is whether, based on all the evidence presented, a reasonable person would conclude that it is more likely than not that the alleged Violation did occur.
6. The Compliance Officer, the Director of People Services, or another member of the faculty, administration, or staff of the College appointed by the President, will serve in an advisory capacity to the hearing panel and may be present for the formal hearing, but such advisors may not participate in the deliberations, findings or recommendations of the hearing panel.
7. Both the complainant and the respondent shall be kept informed of the status of the formal process by the Compliance Officer.
8. If the hearing panel concludes that the alleged Violation has occurred, the Compliance Officer then shall provide whatever information there may be to the panel about other Violations involving the respondent of which the respondent has been previously informed and any disciplinary action taken. The Compliance Officer may be asked to provide a recommendation regarding disciplinary action that may be warranted in a given case.
9. Following the hearing, the panel must submit its conclusions within 15 calendar days in the form of a written report of its findings and its recommendation(s) to the President. The President shall provide a copy of this report to both the complainant and the respondent.
10. If the respondent is a member of the College Faculty and believes that the underlying facts of the alleged Violation and findings of the hearing panel for the complainant have been based upon speech or behavior in classroom, laboratory, public lecture, or comparable environment that is protected by academic freedom, he or she may appeal the findings in writing to the Faculty Appeals Committee within 15 calendar days, showing cause for the claim of academic freedom. If accepted, the Faculty Appeals Committee must hear the claim as soon as possible and submit its findings to the President and respondent within 15 calendar days after the conclusion of its hearing.
11. The President weighs the recommendations of the hearing panel (and when appropriate, the Faculty Appeals Committee) in arriving at a decision. As soon as possible, that decision is conveyed in writing to the complainant, the respondent, the chairperson of the panel, and anyone else the President believes should be informed. The President may provide such information in the written statement, including details from the panel’s reports, as he or she deems appropriate.
1. In the reporting, investigating, and hearing of alleged Violations, every effort shall be made to ensure confidentiality and the privacy of the parties involved, but complete confidentiality cannot be guaranteed, particularly if formal charges are filed. At all stages, investigations, administrative hearings, and formal hearings complaints are to be handled discreetly and expeditiously. Every effort will be made to contain hearsay and to minimize the potential for harmful effects on the individuals involved and the College community.
2. Both the complainant and the respondent shall be assured of fair treatment throughout the investigation, administrative hearing and formal hearing processes. Retaliation or intimidation by either party will not be tolerated. Any such retaliation or intimidation is subject to disciplinary action up to and including termination or expulsion.
3. Fabricated charges of alleged Violations or false testimony are serious offenses. Persons found to have fabricated charges or testified falsely will be subject to disciplinary action up to and including termination or expulsion.
4. At least annually, the Compliance Officer shall inform the President of reports of alleged Violations and the results of any investigations or complaints.
5. All references in these Procedures to “calendar days” shall mean all days except those days officially designated as College-wide holidays each year by the College’s Office for People Services.
When a Violation has been determined to have occurred, disciplinary measures are to be appropriate to the severity of the incident. Discipline may include one or more of the following actions: warning,
reprimand, required letter of apology, changed assignment, relocation of office, required counseling, suspension, demotion, loss of salary, and other appropriate penalties, up to and including termination.
Appeals of Findings and Final Decisions on Findings and Sanctions
1. Either the complainant or the respondent involved with the alleged Violation may appeal to the President the findings of the panels of either the Campus Conduct Hearing Board or the Faculty Appeals Committee. Appeals are limited to two circumstances: (1) the discovery of new evidence bearing on the complaint; and (2) indications that improper procedures were employed in the investigation or in the formal hearing. The appeal must be made in writing within 5 calendar days after the parties have received the original report of findings from the President.
2. The decision of the President on the findings and sanctions in any case is final and binding.
3. The decision of the President on any appeal is final and binding.
Options Beyond the College
Individuals may have legal recourse beyond these Procedures after they have been exhausted. In particular, a complainant dissatisfied with the disposition of his or her complaint of unlawful discrimination or sexual harassment may pursue the matter by filing a formal complaint with the Office of Civil Rights (OCR) under Title IX (for students) or with the Equal Employment Opportunity Commission (EEOC) under Title VII (for employees).
Approved by the General Faculty Assembly on October 20, 2011, and adopted by the Board of Trustees on October 22, 2011.
EMPLOYMENT OF RELATIVES
The College permits the employment of qualified relatives of employees as long as such employment does not, in the opinion of the College, create actual or perceived conflicts of interest. For purposes of this policy, “relative” is defined as a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law or “step” relation. The College will exercise sound business judgment in the placement of related employees in accordance with the following guidelines:
- Individuals who are related by blood or marriage are permitted to work in the same College department, provided no direct reporting or supervisory/management relationship exists. That is, no employee is permitted to work within the “chain of command” of a relative such that one relative’s work responsibilities, salary, or career progress could be influenced by the other relative.
- Employees working in the same department as of 12/1/04, are “grandfathered” in for purposes of this policy. However, after this date, no relatives are permitted to work in the same work group or in any other positions in which the College believes an inherent conflict of interest or other employment difficulties may exist.
- Additionally, employees who marry while employed are treated in accordance with these guidelines (except for those “grandfathered” in prior to the date of this policy). That is, if, in the opinion of the College, a conflict or an apparent conflict arises as a result of the marriage, one of the employees will be transferred at the earliest practicable time.
This policy applies to all categories of employment at the College, including full-time, temporary and part-time classifications
It must be realized that full-time employment with the College is the employee’s primary responsibility. Outside employment should be discussed with the immediate supervisor and fully disclosed to avoid any conflict of interest. Outside employment will not be considered an excuse for poor performance, absenteeism, tardiness, or refusal to work overtime. Should the outside employment cause or contribute to any of these situations, it must be discontinued. Under no circumstances should an employee conduct outside employment business during the normal College work hours.
CONFLICT OF INTEREST
Berea College requires that any employee who has, or whose relative has, a substantial interest in any contract, sale, lease, purchase, the provision of services or any other transaction by or with the College shall disclose said interest to the Audit Committee of the Board of Trustees. If such an interest exists, the employee shall refrain from participating in the decision, contract, sale, or purchase in any manner.
What is the Purpose and General Thrust of the Conflict of Interest Policy?
The purpose of the College’s Employee Conflict of Interest Policy (the “Policy”) is to remove or control the possibility of personal influence that might bear upon an individual’s decision in his or her capacity as an employee of Berea College.
Who are Employees and Relatives?
Employees are all persons who are employed by Berea College on a full-time, part-time, or contract basis (including student employees). Relatives of employees are defined to include spouse, children, grandchildren, parents, grandparents, brothers, sisters (including half-brothers and half-sisters), brothers and sisters-in-law, parents-in-law, and children-in-law of the employee, a person living in a committed relationship with the employee, or any other person living in the same household as the employee. If any substantial interest is present in a relative, that interest will be considered to be that of the employee. (For example, an employee does have a conflict of interest if a brother or sister is being considered for employment at Berea College.)
What is a Substantial Interest?
A substantial interest is any interest, which cannot be defined as a remote interest and which confers a financial or proprietary interest, either direct or indirect. A remote interest means:
1. That of a non-salaried officer of a nonprofit corporation.
2. That of a landlord or tenant of the contracting party.
3. That of an attorney of a contracting party.
4. That of a member of a nonprofit cooperative marketing association.
5. Ownership of less than five percent (5%) of the shares or equity of a corporation or other for profit business entity, provided the total annual income from dividends or other distributions, including dividends payable in stock, received from that corporation or business entity does not exceed five percent (5%) of the total annual income of the employee and further providing that any other payments from that corporation or business entity do not exceed five (5%) percent of the total annual income of the employee.
6. That of an employee in being reimbursed for expenses incurred in performance of official duty.
What are the Affirmative Responsibilities of Employees?
Any employee of the College who has or whose relative has a substantial interest in a contract, sale, purchase or other transaction by or with the College shall make known that interest on the appropriate disclosure form provided by the College. The employee shall thereafter refrain from voting or participating in any manner the College’s decision to enter into such contract, sale, purchase or transaction. The Office of the Purchasing Manager shall forward the completed disclosure form to the Administrative Committee for determination of a conflict of interest. All instances reported will be forwarded to the Audit Committee of the Board of Trustees for review. It will be the responsibility of each employee to keep the disclosure current. Disclosure forms may be obtained from and shall be filed with the Office of the Purchasing Manager.
May an Employee Supply Equipment, Material, Supplies, or Services to the College Who Has or Whose Relative Has a Substantial Interest?
Yes. An employee who has or whose relative has a substantial interest may supply equipment, material, supplies, or services to the College, provided that the following occur:
- the interest is previously disclosed to and approved by the Audit Committee of the Board of Trustees;
- the contract is with the employee and the contract is awarded after review and approval by the appropriate Vice President or the Administrative Committee of the College; and
- the employee refrains from voting or participating in any manner in the College’s decision to enter into the contract, sale, purchase, or other transaction involving the interest.
(For example, employees that provide consulting or other products and services must declare a conflict of interest and refrain from participating in the selection process of the vendor.)
What are the College’s Remedies in Event of Violation?
Any contract or transaction entered into in violation of the Policy is voidable or subject to cancellation at the sole option of the College acting through the Audit Committee and/or duly appointed officer(s) of the College. In addition, the College shall have all of the remedies available to it at law and in equity, including referral of such matters to the civil authorities for investigation and/or prosecution as appropriate.
What are the Penalties in Event of Violation?
Without limitation, an employee found to be in violation of the Policy is subject to institutional disciplinary action by the appropriate vice president or the dean of the faculty, in consultation with the Administrative Committee of the College, up to and including termination from his or her employment.
(This policy was approved by the Board of Trustees at the February, 2004, meeting.)
The College maintains confidential personnel files on each employee in People Services. These files contain documentation regarding various aspects of the employee’s tenure with the College, such as performance appraisals, pay adjustment letters, any disciplinary actions taken, and letters of commendation. If you are interested in reviewing your file, contact the Office of People Services to schedule an appointment.
To ensure that your personnel file is up-to-date at all times, notify your supervisor and the Office of People Services of any changes in your name, telephone number, home address, marital status, number of dependents, beneficiary designations, professional or scholastic achievements, the individuals to notify in case of an emergency, and any other pertinent changes.
SMOKING AND TOBACCO USE POLICY
The purpose of this policy is to confine smoking and the use of tobacco and certain nicotine products to designated areas to protect the health of our students, employees, and visitors. This policy applies to:
• smoking (tobacco or tobacco-free products, that might be smoked via cigarettes, pipes, water pipes, and hookahs)
• smokeless tobacco (including snuff, snus, and chew)
• vaping or other use of unregulated nicotine products (such as electronic cigarettes)
Smoking and other forms of tobacco use are not only a hazard to smokers or users, they are also a health risk to others. While Berea continues to welcome both smokers and nonsmokers as students and staff, smoking and the use of tobacco and certain nicotine-related products is strictly limited to designated areas.
• Smoking is prohibited in College buildings, vehicles, walkways, grounds, the farm and forest, and all other areas not specifically designated as smoking areas.
• Where smoking is allowed, students and employees are required to use the provided receptacles to guard against fire and maintain good housekeeping. Smoking is permitted in gazebos that are adjacent to the following buildings:
o Alumni Building
o Hutchins Library (near the Draper side)
o James, Seabury, and Kettering residence halls
o Kentucky and Talcott residence halls
o Phelps Stokes Chapel
o Science Building
o Seabury Center
Anyone observing a person smoking in a prohibited area should politely inform the offender that the area is a nonsmoking area and inform him or her of the location of the nearest designated smoking area.
• Students and employees who desire to quit smoking may obtain information on smoking cessation programs from the Wellness Director.
• Information concerning the hazards associated with smoking and other tobacco use can be found at: http://www.cdc.gov/tobacco/index.htm
Drug and Alcohol Abuse Prevention
Berea College has a vital interest in providing a workplace free from recognized hazards. To maintain a safe environment for all, it is essential that you are not impaired in any way upon arrival at work or during the course of your scheduled work time. Employees are, prohibited from arriving for or being at work in the illegal possession of or under the influence of alcohol or drugs. Failure to adhere to this policy will result in discipline up to and including immediate discharge from employment.
As required by the Federal Drug-Free and Communities Act Amendments of 1989, and Section 120 of the Higher Education Opportunity Act (HEOA), this will serve as notification to you by Berea College that the following constitute prohibited conduct on Berea College property or at College-sponsored activities:
- unauthorized distribution, possession, or use of any alcohol, controlled substance or illegal drug, as defined and proscribed by federal or state laws and the policies of Berea College;
- 2. providing alcoholic beverages to individuals under 21 years of age, or possession or use of alcoholic beverages by individuals under 21 years of age; or
- 3. unauthorized possession of an open container of an alcoholic beverage, public intoxication, or unauthorized distribution of alcoholic beverages for purposes of distribution.
Federal and State laws prohibit the illegal possession or misuse of drugs such as marijuana, barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, psilocybin, DMT, narcotics (including cocaine), and opiates. Berea College does not condone the illegal possession or use of drugs and cannot and will not protect employees from prosecution under State and Federal laws. In addition, possession on campus of paraphernalia for the use of drugs is a violation of Federal and State laws as well as College regulations and is sufficient reason for disciplinary action against those who are responsible for its presence or allow it in their workplace, vehicles or elsewhere on Berea College property.
Required Reporting for Drug Related Convictions
In addition to imposition of disciplinary sanctions under College procedures, any employee of the College convicted of a criminal drug offense is required by law to notify the College within five (5) days of the conviction, as applicable, under the provisions of the Drug-Free Workplace Act of 1988.
Health Risks Associated with Alcohol and Drug Abuse
The health risks associated with the misuse and abuse of mind-altering drugs, including controlled substances and alcohol, include but are not limited to the following: physical and psychological dependence; damage to the brain, pancreas, kidneys and lungs; high blood pressure, heart attacks and strokes; ulcers; birth defects; a diminished immune system; and death.
Resources for Education and Treatment
The College provides an Employee Assistance Program (EAP) at no cost to employees, providing counseling services to deal with such issues.
Internal Penalties and Sactions
Berea College has a “zero tolerance” level regarding illegal possession or misuse of drugs or alcohol, or knowingly being in the presence of those who possess or misuse drugs or alcohol. Employees who engage in such activities are subject to disciplinary action up to and including termination of employment. As a condition of employment, each employee of the College agrees to abide by the terms of this statement. Independent of a decision to impose discipline, the College reserves the right to require that an employee who engages in prohibited conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program.
Kentucky State Laws and Penalties Regarding Alcohol and Other Controlled Substances
The College provides the following information concerning state laws regarding the use, sale, and possession of alcoholic beverages and controlled substances, and also to warn of the serious legal penalties to which employees may be subject if they violate the laws. Please note: the City of Berea and all unincorporated areas of Madison County, Kentucky are “dry territory.”
All references are to the Kentucky Revised Statutes and are subject to change:
KRS 222.202-Alcohol intoxication or drinking alcoholic beverages in a public place.
For the full text of this statute, see http://www.lrc.state.ky.us/KRS/222-00/202.PDF
KRS 244.085-Minors not to purchase liquor or to misrepresent age.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/244-00/085.PDF
KRS 242.230-Traffic in alcoholic beverages in dry county prohibited.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/230.PDF
KRS 242.250-Distributing, soliciting or receiving contracts or orders in dry territory prohibited.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/250.PDF
KRS 189A.010-Operating a Motor Vehicle while under the influence of alcohol or other substance which may impair driving ability is prohibited.
For the full text of this statute and applicable penalties, see http://www.lrc.ky.gov/KRS/189A-00/010.PDF
KRS Chapter 218A–Definitions, prohibited acts and penalties relating to the possession, use, and trafficking concerning controlled substances and paraphernalia.
For an index and full text of these statutes, see http://www.lrc.ky.gov/KRS/218A00/CHAPTER.HTM
KRS 222.990-Involuntary Treatment for Alcohol and other Drug Abuse.
For the full text of this statute and applicable penalties, see http://www.lrc.ky.gov/Statutes/statute.aspx?id=9956
Federal Laws and Penalties Regarding Drug Trafficking
Federal laws also apply to trafficking in controlled substances. An outline of the penalties for violations of these laws may be found at: http://www.justice.gov/dea/agency/penalties.htm.
Distribution of Policy: Measuring Effectiveness
Annually, Berea College will inform employees of the dangers of drug and alcohol abuse, the existence of this Policy and its penalties for violations, and of available drug and alcohol counseling, rehabilitation and assistance programs through (i) annual electronic notices of this Policy, (ii) dissemination of this Policy and information about resources and assistance regarding drug and alcohol abuse at new-hire orientation. Biennially, the College will review this program to determine effectiveness and to ensure that the College’s disciplinary sanctions are consistently enforced.
DRUG AND ALCOHOL TESTING
As part of the College’s employment procedures, certain positions within the College community require that an applicant undergo a pre-employment alcohol and drug screening conducted by a physician designated by the College. Any offer of employment that an applicant receives from the College is contingent upon, among other things, satisfactory completion of this screening. (Examples of positions requiring a drug and alcohol test include any position that requires a Commercial Driver’s License –CDL—or a Public Safety Officer.)
As a condition of continued employment, employees may also be required to undergo periodic alcohol and drug screenings, if the employee is involved in an accident at work or while driving a College vehicle or at the discretion of the College. All College-required alcohol and drug screenings are paid for in full by the College.
Questions about alcohol and drug screenings should be directed to your supervisor or to the Office of People Services.
CONTROLLED SUBSTANCES, ALCOHOL USE AND TESTING POLICY
FOR COMMERCIAL DRIVERS EMPLOYED BY BEREA COLLEGE
This policy applies to all employees required to maintain a Commercial Driver’s License (CDL) in the performance of their duties at Berea College (the “College). Employees covered by this policy include anyone hired to work as a bus [or van] driver to transport students.
To provide a general policy statement to maintain compliance with the Federal Motor Carrier Safety Regulations regarding controlled substance and alcohol testing of CDL drivers.
Berea College will comply with all Federal and State laws and statutes. CDL drivers employed by the College must comply with all applicable regulations and will be required to submit to controlled substance and alcohol testing. Testing will be conducted on a random basis as outlined in the Federal Motor Carrier Safety Regulations. Testing is also required following any accident that meets the criteria for post-accident testing or if the College has reasonable suspicion the driver has violated the prohibitions of the regulations involving drugs and alcohol. Pre-employment testing is required for controlled substances before a driver is allowed to operate a vehicle requiring a Commercial Driver’s license. Up to date regulations will be maintained in the office of the Director of Public Safety, the office of the Director of People Services, and the office of the Director of Environmental Health and Safety.
Enforcement and Accountability
The Safety Committee will ensure that the College is in compliance with all CDL requirements and will report annually to the Administrative Committee of the College regarding the compliance of the testing program. The Director of Public Safety, the Director of People Services and the Director of Environmental Health & Safety, will jointly supervise the procedural requirements necessary for compliance and will educate the staff about those requirements. In conjunction with a Medical Review Officer named by the Safety Committee, all drug and alcohol testing will be conducted as required. An employee’s failure to comply with testing will constitute mandatory grounds for immediate discharge.
The Office of People Services will formally advise each employee subject to the Federal Regulations about the requirements for compliance. Employees will receive written instructions regarding the following: how the testing will be conducted; by whom the testing will be done; and, how the results will be communicated to the employee and the supervisor. Any supervisor of a CDL driver will receive the necessary education as mandated by the Federal guidelines.
COMPUTER AND NETWORK POLICY
Berea College is dedicated to a mission of learning, labor and service. In support of this mission, the College provides access to information resources, including computer equipment, computer networks and telecommunications to its students, faculty and staff (collectively, the “College Community”).
The Berea College Computer and Network Policy (the “Policy”) contains the College’s policy and guidelines governing use of its Information Technology Resources by all members of the College Community. “Information Technology Resources” means, without limitation, all computers, printers, scanners, networks, Internet portals, telecommunications equipment and lines, together with all other hardware and software owned or utilized by the College. Information Technology Resources also includes any privately owned hardware or software which is connected to any of the College’s computers, hardware, networks or telecommunications equipment. The College expects each member of the College Community to use these resources responsibly, ethically, and in compliance with this Policy, state and federal laws, and all contractual obligations of the College and third parties with respect to any component of the College’s Information Technology Resources.
The use of Berea College’s Information Technology Resources is a privilege. If a member of the College Community fails to comply with this Policy, relevant laws or contractual obligations, that member’s privilege to access and to use the College’s Information Technology Resources may be revoked.
By adopting this Policy, Berea College recognizes that all members of the College Community are bound not only by the Policy but also by state and federal laws relating to electronic media, copyrights, privacy and security. Other College polices that relate to this Policy include the Berea College Student Handbook, the Berea College Faculty Handbook, and the Berea College Personnel Policy [staff] Handbook. Each member of the College Community is expected to be familiar with the relevant policies. All questions of interpretation of this Policy should be addressed to the Chief Information Officer.
This policy is intended to:
- Maximize the effectiveness and efficiency of the College’s Information Technology Resources for all members of the College Community.
- Promote an equitable sharing of resources among all authorized users.
- Protect each individual’s privacy and freedom of expression.
At the same time, the College wishes to:
- Encourage exploration and learning.
- Help people learn how to become more self-sufficient in using computers and computer networks.
- Provide information technology resources to support the educational, labor and service missions of the College.
- Any member of the College Community with a valid Berea College ID Card (a “User”) may use any of the computers in the student public access areas, except when these areas have been reserved. Users may also apply for and receive a network mail account. Temporary access to Information Technology Resources may also be extended on a limited basis to campus visitors. The College reserves the right, in its sole and absolute discretion, to refuse access to its Information Technology Resources to any person who is not a member of the College Community.
- All Users are responsible for helping to maintain a sound computing environment. Acts which serve to degrade Information Technology Resources, whether deliberate or otherwise, are prohibited. Berea College has the right to monitor, limit, or restrict specific technologies that disrupt or degrade Information Technology Resources.
- Information Technology Resources are made available primarily for academic and administrative activities. Unauthorized use of Information Technology Resources for commercial purposes is prohibited.
- Academic use of Information Technology Resources takes precedence over non-academic use.
- Individuals should report any reasonable suspicion of computer security problems to the IS&S Service Center or the Director of Network Services.
- Software applications licensed by Berea College may not be copied except according to the applicable license agreement. Illegal copying of licensed software is prohibited.
- The following statement was adopted by the Faculty on May 14, 1992 and forms an integral part of this Policy:
Respect for intellectual labor and creativity is vital to academic Discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form and terms of publication and distribution.
Because information stored on electronic media is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in electronic environments, such as computer, VCR, etc. As members of the academic community, we value the free exchange of ideas. However, just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, personal files, applications, databases, and codes. Violations will be handled in the same manner as all other acts of dishonesty.
(Adapted from a statement developed by EDUCOM, an organization of over 2000 colleges and universities.)
- Current state and federal laws regarding obscenity and pornography, libel and slander, and misuse of the mails for threats and anonymous letters apply to electronic mail, Internet and bulletin boards. Users are expected to use common courtesy, avoiding vulgarity, obscenity and profanity.
- The general codes of conduct for students and employees apply to all users of Information Technology Resources.
- Berea College reserves the right to limit or restrict any individual user’s access. An Officer of the College or the Chief Information Officer may, without notice, authorize immediate removal of any data, file or system resource that may undermine the authorized use of the Information Technology Resources.
- When creating electronic messages, users should be conscious that electronic information is easily duplicated and may be shared widely.
- Using electronic communication for any form of harassment is prohibited.
- Initiating or continuing electronic chain letters is prohibited. A chain letter is “a letter instructing the recipient to send out multiple copies so that its circulation increases in a geometrical progression as long as the instructions are followed.” (American Heritage Dictionary, 1995).
- Spamming is prohibited. Spamming is defined as the act or acts of flooding mailboxes, bulletin boards and multiple mail lists with unsolicited messages.
- The purpose of local bulletin boards is to share campus-wide information. Outdated messages not removed by the posting User will be removed by the administrator.
- There is one official Berea College web site http://www.berea.edu/ containing information about Berea College with links to departments’ and organizations’ resources. Allocations of space for Internet resources (web sites, FTP servers, etc.) may be obtained by application to the Chief Information Officer.
- Technical resources placed on or connected to the College’s Information Technology Resources are subject to all other College policies, standards and procedures. Copyrighted materials may not be displayed on the network or Internet resources without written permission from the copyright holders.
Freedom of Expression & Misconduct
Freedom of Expression and an open environment in which to pursue scholarly inquiry and share information are encouraged, supported and protected at Berea College. Censorship is not compatible with the goals of the College. While the College rejects censorship, behavior that constitutes misconduct as defined in this policy will not be protected. It must be remembered that “misconduct” within the framework of the College’s Information Technology Resources may also constitute a violation of general college regulations and of state or federal law.
Unauthorized users are obviously not entitled to privacy within the framework of the College’s Information Technology Resources, but even among authorized users, any violation of this Computer and Network Policy may also suspend the right of privacy. In such instances, an Officer of the College or the Chief Information Officer may, without notice, authorize Information Systems and Services personnel to access or disable such User accounts or files. Users should also be aware that User accounts, files and information may be disclosed upon subpoena or order of a court of competent jurisdiction.
However, all authorized users (members of the College Community and others) are entitled to privacy in all their authorized use of the College’s Information Technology Resources. Each User identity, log-in name, account name, or any other User ID and associated password belongs to an individual, office or department. No one should use a User identity, log-in name, any user ID, or account name and password without explicit permission from the owner thereof. No one should use aliases, nicknames, pointers, or other electronic means to attempt to impersonate, redirect or confuse those who use the network. No one should use aliases, nicknames, pointers, or other electronic means to capture information intended for others without the explicit permission of the intended recipient. In order to protect his/her privacy, each User should accept responsibility for the appropriate use and dissemination of his or her user identity, log-in name, user ID, and account name and password.
Information Systems and Services personnel have access to files belonging to Users, but this access may be used only when it is essential for the maintenance of a system or the network itself.
Effective Date: April 26, 2001
Revision Date: June 14, 2005
SOCIAL MEDIA POLICY
Berea College welcomes the responsible use of social media technologies to support engaged and transformative learning and to reach out effectively to our broader community. Our rich and diverse use of social media also allows us to share, in a public way, the many qualities and strengths of our academic institution. From that perspective, Berea intentionally uses social media to advance the institution and build relationships with important constituencies like prospective and current students, donors and alumni. The venues to accomplish this are numerous and include social networking sites (like Facebook and Twitter), content sharing (through YouTube, iTunesU, BlogTalkRadio, Flickr, and podcasts), and through the College’s web presence (including www.berea.edu, myBerea portal and BCnow). Through these venues we can communicate important information and engage others in areas of mutual interest.
The College also recognizes the open nature of social media which is often used for both personal and professional purposes. Social media can also create a sense of role ambiguity. It may not always be clear when one is speaking on behalf of the College, sharing facts, or sharing personal/professional opinions. This policy is designed to help our employees navigate through this ambiguity and clarify certain responsibilities when posting material online. It is important to remember that we are subject to the same laws, professional expectations, and guidelines when interacting online as we would in-person with students, parents, alumni, donors, and the media.
Section 1: Laws, Regulations, and Policies that Govern What You Can Post Online
This section outlines governing regulations that apply to all users of Berea College social media when posting material online. In some cases, violations could lead to disciplinary action or termination.
- Protect confidential and proprietary information:
Do not post confidential or proprietary information about Berea College students, employees, or alumni. All persons must follow the applicable federal requirements such as FERPA and HIPAA, as well as NAIA regulations. Adhere to all applicable institutional and legal privacy, confidentiality and property policies and laws.
- Respect copyright and fair use:
When posting, be mindful of the copyright and intellectual property rights of others and of the College. For guidance, consult the Berea College Intellectual Property Rights Policy.
- Use Berea College intellectual properties only with permission:
No user may establish social networking sites that use the Berea College logo or other intellectual properties such as photography, video, artwork, and publications copyrighted to the College without authorization from the College. It is a violation of social networking site policies to represent an institution without authorization.
- Disseminating official information:
Public Relations and other designated offices are responsible for posting and publishing online official information on behalf of the College. The Employee Handbook includes a related policy for all employees, including students under the section titled “Release of Information to the Public Media”.
Section 2: Guidelines for Institutionally-Sponsored and -Moderated Social Media Sites
These guidelines apply to institutional accounts that are set up, maintained and moderated by Public Relations or Admissions on sites like Facebook, Twitter, and Ning. These guidelines also apply to department-moderated social media sites.
- Institution-moderated social networking sites:
Berea College has institution-moderated social network sites managed by Public Relations and Admissions staff. These sites can be used by the campus community to disseminate information to various audiences including prospective students, donors, alumni, and visitors of the College. Individual departments may choose to establish a department-moderated site when these institution-
moderated sites are not applicable for their needs. Departments are required to contact the Web Team at firstname.lastname@example.org to register these sites.
As part of the social media framework, Berea maintains an official presence on YouTube, BlogTalkRadio, Ustream, Vimeo, Flickr, and other similar sites for content sharing. These sites offer content to inform audiences about the mission and activities at the College and are often linked and accessed through our social media sites as well. Berea maintains an institutional presence on these sites with content produced or endorsed by the College. These sites are maintained by the Public Relations office to reach alumni and friends as well as by the Admissions Office to reach prospective students. They serve as a clearinghouse for content produced and/or endorsed by that College for these audiences. Other departments and offices may contribute content to these official sites when approved by Public Relations or Admissions.
- If you operate a department-moderated social networking site:
Departments shall consider their particular audience, message and goals and have a strategy for keeping information on their social media site up-to-date. The intention and purpose of the department-moderated sites should be specific in order to protect the College’s institutional voice. Efforts shall be made to cross link to institution-moderated sites managed by Public Relations or Admissions and/or to College content on www.berea.edu when relevant. Use of images, naming conventions, pictures/graphics and posted content must directly relate to the particular department or activity to avoid confusion with institution-moderated sites.
The web team may also encourage the department to use the College presence to offer an integrated user experience and to take advantage of certain additional features available. For example, content from departments and programs could be published within a playlist on one of the College’s institutional sites operated by Public Relations or Admissions. In addition, the College sites may offer additional benefits to the department in terms of content exposure and the size of videos that could be uploaded and the length of time these videos will remain on the site. “Alternate” accounts that appear to represent our official presence on these sites are not permitted.
- Administrative access to Berea-sponsored social media sites:
A member of the Web Team (typically a PR representative by default) shall be included as an administrator on any social networking site that is moderated and maintained as an official presence of the college. There are several important reasons for this. We are assured that these networks are managed when staff members leave. This practice also allows us to communicate efficiently during an emergency and it allows us to track usage and quickly remove content that violates this policy. Site administrators are still responsible for their social media networks and the PR administrator typically serves as a backup.
- Instructional use of social media sites:
Faculty do not need to use our official presence on various social media sites and can use these tools freely to support teaching and learning activities. Departments and programs that want to establish “official” presences on these sites shall register with the web team at email@example.com .
Official Clubs and Organizations: may create an official web presence in consultation with the group’s advisor using social media or other web technologies as applicable. Students should consider their particular audience, message and group goals and have a strategy for keeping information on their social media sites up-to-date. These social media sites shall also be registered through firstname.lastname@example.org so that we can promote them in other media. Use of images, naming conventions, pictures/graphics and posted content must tie back clearly to the particular group or activity to avoid confusion with institution-moderated sites.
Section 3: Posting Online and When Using College-Moderated Sites
This section provides guidelines for all users of Berea College social media when posting material online.
- Understand how your role may impact how others interpret what you say:
If you choose to list your work affiliation on a social network or identify your association with the College then you should regard all communication on that network as you would in a professional network. What you publish online should never be attributed to the College and shall not appear to be endorsed by or originating from the College, unless you are authorized to officially act in this capacity on behalf of the College. See also the Academic Freedom and Responsibility policy in the faculty manual. All social media sites must include the disclaimer “this site is not an official publication of Berea College”.
- When using College e-mail:
You are accountable for all activity conducted with your College e-mail address or when identifying yourself as a member of the College community. The “@berea.edu” address attached to your name may indicate to others that you are acting on the College’s behalf so be clear when that is not the case.
- Know the terms of service of your social media platform:
Be sure to understand and follow the terms of service of any social media platform you use. You are personally responsible for compliance.
- Be accurate and transparent:
Have the facts before you post. If you post inaccurate information then correct it quickly. Social networks are successful when they offer authentic and direct communications via user-generated content. Social networks are interactive with a two-way flow of information. If you are representing Berea College when posting, acknowledge this by including your name and job title or department as a signature to your post.”
- Respect others’ privacy:
Take care not to post private information concerning others such as an e-mail from a colleague or contact information. Please exercise good “netiquette.” Social networks are in the public realm and are not appropriate venues for the discussion or dissemination of private matters.
Additional care must be taken when participating in Berea sponsored and moderated social media sites. The below “best practices” (i.e. items 6 through 8) particularly apply to our moderated sites that are set up to reach specific audiences to carry out mission critical functions from fund raising to admissions.
- Consider the intended audience when posting:
College moderated sites are frequented by prospective students, alumni, friends, and other interested parties. The College encourages thoughtful social media interaction and does not seek to censor contributions to these sites. However, profanity, racist, sexist, or derogatory remarks, content that incites hate or encourages unethical or illegal activities, comments on litigation involving the College, spam and off-topic remarks may be removed and the user could be banned from further participation on the site.
- Be relevant and respectful:
Be thoughtful, accurate, relevant and respectful on Berea moderated sites. Our Berea-moderated social networks are successful when members contribute thoughtful and relevant content. Have a comment? Post it. Have a suggestion? Tell us about it. Have a different opinion? State it, respectfully. Want to locate alumni in your area? Do it. Want to offer a unique perspective? Share it. Want to air a grievance? Take care to ensure that your statements are relevant and do not violate confidentiality and others’ privacy. Social networks are often not the best forums for raising grievances that might be better addressed in other venues or handled privately.
- Link to other College material:
Ideally, posts on College moderated sites should be brief; redirecting a visitor to content that resides within the Berea College site when applicable.
Section 4: Process for Resolving Concerns and Conflicts
Social media technology is evolving and no policy or procedure can address all of the particular situations and circumstances that may arise. Users can contact the web team at email@example.com for guidance.
Effective Date: 8-19-2010
Approved by: Administrative Committee
E2 CAMPUS ALERT MESSAGING SYSTEM
Berea College is providing students, staff and faculty the opportunity to subscribe to the e2Campus service. E2Campus enables subscribers to receive alert messages as mobile phone text messages, e-mails, and/or phone calls. There is no charge for the service beyond the normal cost of mobile phone text messages. Messages will be issued as authorized under the Campus Emergency Response Plan.
Safety and emergency alert messages will be sent to all subscribers in the event of tornado warnings, an active shooter situation, a hazardous chemical spill or other emergencies where immediate notification may help avoid harm. Non-emergency warning messages will continue to be sent via campus e-mail to provide timely notification of threatening weather, a violent crime report or other potential dangers, but subscribers can choose to receive these warning messages via the e2Campus system as well.
TRAVEL AND BUSINESS EXPENSE REIMBURSEMENT POLICY
MOVING EXPENSE REIMBURSEMENT POLICY
Policy for Use of College Funds for
Meetings and Entertainment
(Use of College-Owned/Rented Vehicles)
The purpose of this policy is to promote the safe operation of Berea College owned or rented vehicles to ensure the safety of College drivers and passengers.
It is Berea College’s policy that each Berea College –owned or rented motor vehicle be operated in a safe and responsible manner. For the purpose of this policy, College Vehicle is defined as one owned or rented by the College. All vehicle operators must posses a valid state driver’s license and, if under the age of 26, have a current Defensive Driving Card issued through Berea College. Only approved drivers shall operate a College Vehicle. Any driver found to be in violation of this policy shall not be eligible to operate a College Vehicle until such time that the driver in question can regain approval through the Department of Public Safety.
Use of Berea College Vehicles
College Vehicles shall be used only for Berea College business or academic activities that are in accordance with the policies of Berea College. Berea College business is defined as a departmentally approved activity that promotes the mission of Berea College through the areas of academic/nonacademic activities, labor and employment, education and occupational training, service, and Student Life activities including approved clubs and organizations. Personal use of College Vehicles is prohibited.
• Authorized drivers – employees, including part-time and student employees, and registered volunteers are the only individuals authorized to operate a College Vehicle. Students are authorized to operate a vehicle provided they have departmental approval and Defensive Driving Training. All use must be directly related to Berea College business or academic activities. A valid driver’s license is required for all drivers.
• Each driver is responsible for the safe operation of the College Vehicle in their possession and shall observe all traffic laws. Drivers are personally responsible for all of their traffic violations and fines including parking violations.
• Present a current and valid state driver’s license
• Submit a completed “Driver’s Authorization Application Form” for approval for use of Berea College Vehicle. The Authorization Application can be found on the Public Safety bulletin board.
• Completion of a driving records check. Please allow for sufficient time (at least seven days) to complete a motor vehicle records (MVR) review.
• Completion of the Berea College Defensive Driving program (if under the age of 26 at the time a College Vehicle is being used)
• No manufacturer, college, or department installed safety device may be altered, modified or disabled by the driver or passenger in a Berea College Vehicle. Any motor vehicle modification including the addition or removal of safety devices must first be approved by the Department of Public Safety.
• Agree to operate College Vehicles in accordance with all laws and Berea College policies. This includes the following requirements:
1. Driver and vehicle occupants must wear seat belts while the vehicle is in operation
2. The driver is prohibited from using a cell phone, including texting, while the vehicle is in operation unless the vehicle has come to a complete stop and is out of traffic.(Kentucky Law prohibits texting on any electronic device)
3. Use of all tobacco products is prohibited in College Vehicles.
• Ensure that only approved and properly trained drivers operate Berea College Vehicles.
• Remove from service any departmentally owned vehicles that have become unsafe and have them repaired immediately. Repair documentation shall be maintained by the Department and a copy submitted to the Public Safety Department.
• Submit completed “Driver’s Authorization Application forms” to Public Safety for all prospective drivers within the department.
• The department head or person authorizing a trip will maintain a list of all persons going on the trip.
• Will not purchase or approve the rental of 15-passenger vans.
Failure to comply with the procedures detailed in this policy may result in disciplinary action, including but not limited to termination of motor vehicle privileges.
• Vehicle Rental- When renting a vehicle through a rental agency, do not purchase the rental agency insurance. Insurance for the rented vehicle is covered under the College’s liability insurance.
• Personal Vehicle use- An individual who uses his or her personal vehicle for College business, program, or sponsored activity does so at their own risk. The College does not carry insurance on and assumes no responsibility for any damage to personal vehicles even when used for a college sponsored activity, business, or program. Personal auto insurance is primary and will respond to third party liability including liability for injuries to passengers in the vehicle.
Report all accidents to Public Safety (859-985-3333), even if driving your personal vehicle for a college sponsored activity or program.
Use of Passenger Vans (10 to 12 passengers)
When ten to twelve passenger vans are utilized for Berea College authorized travel the following guidelines shall apply
• Drivers must be 18 years or older
• Single day total driving mileage per driver should not exceed 5 consecutive hrs or 250 consecutive miles.
• Drivers must have completed a Defensive Driving Class and be in possession of a current Defensive Driving Class card
• Drivers must have completed a Van Driver’s Safety Defensive Driving Class and be in possession of a current Van Driver’s Safety Defensive Driving card.
• Submission of a list of approved secondary drivers for trips that may require driving in excess of 5 consecutive hrs or 250 consecutive miles.
Any questions about the Transportation policy should be directed to the Department of Public Safety. Ext. 3333.
Discounted Parking Tags, as well as parking spaces around campus are available for Low-Emitting and Fuel-Efficient Vehicles. This discount is available to all Students, Faculty and Staff of Berea College.
In order for a vehicle to qualify, the vehicle must be recognized by the U.S. Green Building Council (USGBC) to have achieved a minimum green score of 40 according to the annual vehicle-rating guide of the American Council for an Energy Efficient Economy (ACEEE). The list of qualifying vehicles is posted in the Public Safety Office on the first floor of the Woods-Penniman Building.
The cost for a Low-Emitting and Fuel Efficient Vehicle Parking Tag is 20% below the current cost of a Standard Parking Tag and will be issued at the time of purchase from Public Safety.
GOLF CART / UTILITY CART POLICY
(Use of electric or gas powered carts and/or similar utility vehicles)
This policy provides guidelines for the use of electric or gas-powered carts, golf carts, utility carts, low-speed vehicles and/or similar type vehicles (hereafter collectively referred to as “Carts”) on the Berea College Campus. The intent is to establish proper safety procedures and practices for the operation and maintenance of Carts and to promote and provide for a safer environment for students, faculty, staff, and visitors to the campus.
All members of the College community operating Carts on property under the jurisdiction of Berea College, including students, faculty, and staff are covered under this policy. Cart operators must meet the following criteria before operating a Cart on the Berea College campus:
- Successfully complete a College-sponsored Cart safety training program that includes a demonstration of the operator’s ability to safely drive the Cart. (Operators are required to sign a Cart Operator’s Agreement that includes a copy of this Policy.)
- Manufacturer operating manual/instructions shall be maintained in each Cart.
- Cart operators must be at least 18 years of age.
- Carts may only be driven on campus sidewalks, paved pathways, and parking areas. Operators must make reasonable efforts to keep Carts off the grass.
- Carts are not permitted to be driven on public streets or roads. If access to a campus location necessitates crossing a street or road, all traffic laws must be followed. Crosswalks, if available, must be used.
- Cart operators are prohibited from operating Carts inside, under, or through the confines of campus buildings. Carts shall not be parked inside campus buildings unless a special area has been designated as a Cart parking area.
- Carts must not be used during inclement weather unless designated as essential response equipment and approved by the department Vice President for special response activities. For the purpose of this policy, inclement weather is defined as high winds, iced pavement, flooding, and severe electrical storms.
- Carts must be driven at a slow speed compatible with pedestrian traffic.
- Cart operators must keep a proper lookout for pedestrian traffic, bicycles, other vehicles, and fixed objects. Operators must be cautious, courteous, and yield to all other traffic at all times.
- All Cart safety features must be intact and kept in good working order.
- Carts operated after dark shall be equipped with working head and tail lights.
- All Cart occupants must be seated and keep all limbs inside the Cart at all times.
- Carts are not to be overloaded by carrying more passengers than seating provided or overloading the Cart’s recommended carrying or load capacity.
- Cart operators and passengers cannot wear headsets, earphones, or use cell phones while traveling in a Cart.
- Cart operators are responsible for the ignition keys for the period of time in which they are in the vehicle. Keys shall not be left in the Carts. The parking brake must be set when leaving a Cart parked.
- College-owned Carts are to be used for College business only. Carts owned by others may only be used on College property with the written permission of the Vice President for Operations and Sustainability, and must be operated in accordance with this policy statement.
- Possession or use of alcohol, all tobacco products and illegal substances is prohibited in Carts.
- Any accident or incident involving a Cart shall immediately be reported to both Public Safety and the department responsible for the Cart. Operator driving privileges may be suspended until an accident investigation is completed. Maintenance issues shall be reported to the responsible department.
- The Department responsible for the Cart will keep all preventative maintenance and repair records related to the Cart. Departments are responsible for keeping all original equipment and safety features in good working order.
- The Department is responsible for providing a safe and secure area for vehicle storage.
- The Department is responsible for all Cart regular maintenance and repairs and will schedule an annual safety inspection with Facilities Management.
- Departments must clearly mark their Carts to indicate ownership. Marking will include the official college seal, Department name, and a Cart identification number. Facilities Management will provide the markings to assure uniform identification is being used.
- The Department will provide for an adequately ventilated area for battery charging. Do not allow smoking in Cart storage, recharging, or gas filling areas. Battery charging, service, and maintenance shall be done in accordance with manufacturer’s instructions. Battery service and maintenance areas shall be equipped with appropriate protective equipment (safety goggles, gloves, acid neutralizer, eye wash facilities)
- All new Cart acquisitions must meet the minimum safety features found in the National Highway Safety and Traffic Administration (NHSTA) Standard 500 (49 CFR Part 571.500). As of the effective date of this policy, the purchase of used, remanufactured or transferred (from another College department) Carts not meeting this standard is prohibited.
- Department heads shall assure that all Cart operators in the department have been trained.
- Departments may develop additional policies regarding use of carts, not in conflict with this policy.
Failure to comply with the procedures detailed in this policy may result in disciplinary action, including but not limited to termination of Cart operating privileges.
Approved by the Administrative Committee 9/14/2011
Separation of employment policy
Berea College staff members are considered “at will” employees, which means that your employment may be terminated, without cause, at any time by either you or the College. In addition, separation of employment may occur in one of the following ways: “voluntary,” through resignation or retirement, or “involuntary,” through reduction in force or termination. Termination may result from misconduct or from job-related performance reasons.
A. Voluntary Separations
If an employee decides to leave employment with Berea College, we ask that a minimum of two weeks written notice be provided for non-exempt staff; 4 weeks written notice for exempt staff. Employees should inform their Supervisor in writing as soon as possible of the intended last day of work with Berea. This will give the employee’s department an opportunity to make necessary adjustments in staffing to ensure that College’s operations will not be negatively affected. Failure to provide proper notice may affect an employee’s eligibility for re-employment with the College at a later date.
The date of separation will be the actual last day worked and the employee will be paid for any properly reported unused accrued vacation leave. Prior to leaving the College, all property owned by Berea College must be returned and an Employee Clearance Form initiated and processed. The employee’s supervisor is responsible for initiating, compiling results, and final processing of the Employee Clearance Form required on all employees who separate from the College. This form will be initiated during your last week of work. n the event that your Supervisor is unavailable due to illness or vacation, it will be the Employee’s responsibility to initiate the form and complete the clearance process. The Employee Clearance Form may be accessed at the following: http://www.berea.edu/peopleservices/forms/documents/employee-clearance-form-rev20110608.pdf
B. Involuntary Separations
- Reductions in Force – Please see:
- Termination for Cause
Types of behavior that are unacceptable in the Berea College workplace which may ultimately result in termination of employment include, but are not limited to, the following behaviors/actions:
- falsification of the employment application, time records, or other College records;
- violating the College’s nondiscrimination or anti-harassment policies;
- excessive absenteeism or tardiness or leaving work without authorization;
- reporting to work under the influence of alcohol or non-prescribed drugs or the manufacturing, possessing, distributing or transporting of illegal drugs;
- fighting or gambling on duty;
- using obscene, abusive or threatening language or gestures in the workplace;
- theft of property from the College, its clients or staff;
- possession of a deadly weapon on campus or in the workplace;
- failure to complete work assignments satisfactorily or demonstrating an unwillingness to perform assigned duties;
- disclosure of confidential information about the College, its clients, its staff, students or donors;
- misuse of College funds, including improper and unauthorized use of the College’s Purchasing Card;
- damaging or destroying College equipment or property;
- any acts that are against local, state or federal law on College property while on the job;
- incarceration following a conviction resulting in missing at least 5 consecutive work days;
- job abandonment (3 consecutive work days missed without notice);
- misconduct in violation of College policy;
- disregard of safety or security rules or imperiling the safety of others;
- excessive use of College telephones for personal use or excessive use of personal cell phones while on work time;
- unsatisfactory job performance; and
- any action which serves to harm or malign Berea College;
All terminations for cause will preclude the employee from being considered for future employment with Berea College.
C. Exit Interviews
Before leaving, a departing employee may be asked to participate in a voluntary exit interview. This will provide closure regarding employment and will allow the College to ensure that employees have an opportunity to discuss questions about continuation of benefits. This also allows individuals to provide comments or ideas about improving the workplace at Berea College.
All employment references on behalf of the College concerning previously employed staff members are provided by the Director of People Services. No other Supervisor or Employee is authorized or permitted to release references on behalf of the College for a current or former staff member.
Former employees of Berea College may re-apply for positions in the future. The College recognizes the value of prior work with Berea and the training and experience such employees may potentially bring back to the campus. Regular full time and part time staff members who have voluntarily separated from Berea College and whose employment was considered “in good standing” are eligible for re-employment. Employees seeking re-employment must make application for announced position vacancies through the regular application process. An Application to Join the College Staff is required for all applicants.
Approved by the Administrative Committee, January 24, 2012
REDUCTION IN FORCE POLICY FOR FULL-TIME EMPLOYEES
This policy applies to all full-time employees of Berea College (the “College”) other than tenured or tenure track faculty, faculty with term or special appointments, temporarily contracted employees, and students participating in the College’s Labor Program whose full-time position has been eliminated. Employees covered by this policy are referred to individually as an “Employee” or collectively as the “Employees.”
To provide policy and procedures for layoff of full-time College Employees. The provisions of this policy do not apply to the dismissal of an Employee for misconduct or lack of satisfactory performance.
Berea College endeavors to provide stable employment to all Employees. Situations including, but not limited to, financial exigency, a lack of work, reorganization of the College’s operations, or changes in programs or technologies, may require a reduction in the work force to assure the continued financial security, quality and efficiency of the College. The College reserves the right to layoff or reassign its Employees when such layoff/reassignment meets operational needs.
Determination of Necessity for Reduction in Force
The Administrative Committee, in consultation with others as required (e.g., Trustees), is responsible to determine whether circumstances exist which warrant a reduction in the College’s work force to assure the continued financial security, quality or efficiency of the College’s offices and programs.
The Administrative Committee of the College will designate in which Institutional Unit(s) the reductions will occur. The appropriate Administrative Committee member (for each Institutional Unit affected by the reduction in force) will recommend and the Administrative Committee will determine the level at which reductions in staff will have the least detrimental effect on the Unit’s or College’s operations and shall accordingly specify the layoff of personnel within the Unit.
Employees will be laid-off based on a determination of whether the elimination of the particular job will have less detrimental effects on the College than the elimination of other jobs within the same or other Institutional Units. For the purposes of this policy, the terms “Institutional Unit” or “Unit” are defined as an office, business, department or other operational subdivision of the College.
The Employee (incumbent) will receive written notification not less than thirty (30) days prior to the date his/her position will end. The date on which employment will be terminated will be determined through conversation between the incumbent and the supervisor, but cannot be later than the date on which the position is due to be eliminated. The Office of People Services shall receive written notification from the appropriate member of the Administrative Committee of the name and title of each Employee selected for layoff and the date of the layoff. This notification will be sent to the Office of People Services no later than seven (7) days prior to the date of the actual notification.
The following rules concerning benefits will apply to Employees who have been laid-off:
- Payment for all accrued vacation leave.
- Sick leave balances accrued at the time of layoff will be restored if the Employee is rehired by the College within one year of the layoff date.
- COBRA regulations allow the conversion of the health insurance policy and the dental insurance policy, provided the Employee pays the total monthly premium for the coverage.
- A vested right to all contributions made by the College to the Employee’s TIAA/CREF retirement account.
- Long term disability (LTD) is not available for continuation.
- Life insurance is available for conversion to a private policy.
An Employee whose employment at the College has ceased as a result of the application of this Policy shall be entitled to a lump sum severance payment benefit equal to two (2) months of regular work time of pay plus 1/10 of one month’s pay for each completed year of employment, calculated on the Employee’s last rate of pay.
Previous Work Force Policy Superseded
This Policy supersedes and replaces the College’s Work Force Adjustment and Employment Assistance Policy [Policy No. 58], dated November 1, 1995.
Out Placement Services
The Office of People Services will provide out placement services for Employees whose employment at the College has ceased as a result of this Policy.
Layoff decisions will be made without regard for the Employee’s race, color, sex, sexual orientation, religion, national origin, age, veteran status, or physical or mental disability where reasonable accommodation can be made.
This policy was approved by the Administrative Committee on 3-10-03; clarified 9/1/04.
Replication of Copyrighted Printed Materials
Most books, journals, magazines, and other printed materials are copyrighted, and cannot be legally reproduced without prior permission of the copyright owner. Even when the materials are to be used for educational purposes and not for resale, definite restrictions apply. Most of these are to be found on a document posted close to photocopying machines in Hutchins Library and elsewhere on the College campus. Inquiries about the law and fair usage in such matters should be directed to the Associate Provost. For materials to be photocopied or otherwise reproduced by the Printing Services, the following policy is followed.
No copyrighted material may be reproduced unless the person making the request has in hand written permission of the copyright holder. A copy of that permission must be filed with Printing Services. The reproducer must enter the statement “Reproduced with permission of the copyright owner” on the article. Should a College employee discover current copyrighted material that is of such immediate and critical importance to a pending job assignment that delay would render its relevance useless, permission may be sought from the employee’s supervisor and the Associate Provost on the form available from Printing Services. If permission is given, the number of copies is limited to the number of students currently enrolled plus three additional copies. If later reproduction is desired, permission of the copyright owner is required. No copies of reproduced material may be sold unless the copyright owner has specifically given such permission.
Intellectual Property Rights Policy
Berea College is committed to providing an environment that supports the learning, teaching,
scholarship, and creative activity of its faculty, students, and staff. Within this context, the Intellectual
Property Rights Policy is intended to:
- encourage excellence and innovation in teaching, scholarship, and creative activities by
- identifying and protecting the intellectual property rights of faculty, staff, students, and the
- encourage the notion that creative and scholarly works produced at Berea College should
- advance the state of knowledge and contribute to the public good;
- acknowledge and preserve the traditional property rights of scholars with respect to products of
- their intellectual endeavors (e.g., books, articles, manuscripts, plays, writings, musical scores,
- and works of art); and
- guide policy and process for commercial uses of intellectual property other than the traditional products of scholarly work.
This Policy covers all types of intellectual property, including, in particular, works protected by
copyright, patent and trade secret laws. Although the following list is not exhaustive, it provides
examples of the kinds of work the Policy addresses: inventions, discoveries, trade secrets, trade and
service marks, writings, art works, musical compositions and performances, software, literary works,
The College owns the rights to all works, inventions, developments and discoveries (herein referred to as “work” or “works”) created by employees within the scope of their employment (including students working in the College Labor Program) or whose creation involves the substantial use of College equipment, services, or resources. This includes any patentable invention, computer-related software, databases, web-based learning, and related materials, but will not be applied to such traditional scholarly works as books, articles, manuscripts, plays, writings, musical scores, and works of art (from here on, “scholarly works”). The “work-for-hire” rule in the Copyright Act gives the College ownership of the copyright to copyrightable works produced by any employee within the scope of their employment. (See “I.” below for “ownership of intellectual property” and “II.” for “scope of employment.”) However, in the case of scholarly works, the College cedes copyright ownership to the author/creator(s). It is not the intent of this Policy to change the relationship between author/creator and the College that has existed through the years in relation to copyright ownership of scholarly works.
The use of College equipment, services or resources is “substantial” when it entails a kind or level of use not ordinarily available to all, or virtually all, faculty, staff, and/or students. (See “III.” below for “substantial use.”) Where question arises as to whether a particular work involves “substantial use” or falls within the “scope of employment,” the matter shall be referred to an ad-hoc committee comprised of two members of the Executive Council selected by the author/creator, the Academic Vice President and Dean of the Faculty or designee, and the Vice President of Operations and Sustainability or designee.
When employee-created intellectual property results from third-party grants, contracts, or awards made to the College, the intellectual property is owned by the College unless written agreement involving the College, the employee, and the sponsor establishes an alternative ownership arrangement. No such agreement shall be entered into without the review and approval of the Academic Vice President and Dean of the Faculty.
A compilation is a work formed by the collection and assembly of College-owned and individual-owned intellectual property in such a way that the resulting work as a whole constitutes an original work. If a work is a compilation, each contributor shall retain all ownership interests in his/her intellectual property; but by allowing the work to become part of the compilation, he/she thereby grants a non-exclusive, royalty-free license to the College for use of his/her contribution. While the College shall own rights to the compilation, it shall own no rights to the underlying work beyond said license and will share any net proceeds from the compilation as described below.
If an employee creates intellectual property other than a scholarly work and which may lead to commercial development, then he/she is expected to immediately notify his/her division head and the Academic Vice President and Dean of the Faculty in order to provide them with sufficient information to permit the College to evaluate the work, both its ownership and its commercial potential, and, if appropriate, to take steps to protect the College’s intellectual property rights. If ownership rests with the College, but the College elects not to exercise its ownership rights, then ownership rights and responsibilities related to patenting, copyrighting and licensing shall revert to the author(s). In such a case, the College retains a nonexclusive, royalty-free right to use the work for non-commercial purposes.
In the case of employee-owned intellectual property, the author/creator may petition the College to accept assignment of ownership rights and the attendant control of and responsibility for development. The College, however, is under no obligation to accept this assignment and would do so only when independent evaluation indicates that accepting the assignment would further the mission and work of the College.
The College wishes to encourage excellence and innovation in teaching, scholarship and creative activities and to support the notion that works produced at Berea College should be used for the greatest possible public benefit. In the context of these aims, the College endorses the legitimate expectation of employee author/creators to share in any net revenues produced by licensing or other development of intellectual property. Accordingly, for any work in which the College asserts ownership interest under this Policy, the College and the author/creator(s) will share any annual net revenue (revenues less recovery of all legal and other costs involved in protecting the intellectual property rights of the work, licensing costs, and other directly related administrative costs) in the following percentages, unless different contractual agreements have been reached in relation to particular works:
Net Revenue Author/Creator(s) Berea College
< $5,000 100% 0%
$5,000-$25,000 75% 25%
$25,000-$100,000 60% 40%
>$100,000 50% 50%
If a work involves more than one employee as author/creator, the author/creators will divide their share equally unless they provide the College with an alternative revenue distribution agreed upon by them. Use of net revenues received by the College under this Policy shall be restricted to the support of scholarly, research, or creative activity on the part of faculty, staff, and/or students.
Recognizing that this area is complex and rapidly evolving, Berea College remains open to the possibility of arriving at special agreements as the need may arise in relation to particular projects. This policy shall be reviewed within three years by the Faculty Status Council and revised as necessary.
I. Who owns intellectual property?
When does the College own employee- or student-created intellectual property?
Any one of these circumstances will result in College ownership:
1. If intellectual property is created (including student employees working within the scope of the labor program) within the scope of employment (including the Student Labor Program);
2. If intellectual property is created on College time with substantial use of College equipment, services or resources; or
3. If intellectual property is commissioned by the College
- pursuant to a signed contract; or
- if it fits within one of specific categories of works considered works for hire under
- copyright law.
4. If intellectual property results from research supported by Federal funds or third party sponsorship and no written agreement involving the College, the researcher and the sponsor have established an alternative ownership arrangement.
When does an individual own intellectual property?
1. If it is unrelated to the employee’s or student’s job responsibilities and has not made substantial use of College equipment, services or resources; or
2. If it is an work that has been released to the author/creator in accordance with this Policy; or
3. If the intellectual property is embodied in such traditional scholarly works as books, articles, manuscripts, plays, writings, musical scores, and works of art even though such a work may be within the scope of employment and even if significant College resources were used UNLESS the work is:
- created by someone who was specifically hired or required to create it or
- commissioned by the College
In either of these cases, the College, not the creator, will own the intellectual property.
II. What is meant by “within the scope of employment”?
Works related to an individual’s job responsibilities, even if he or she is not specifically requested to create them, will belong to the College as works-for-hire. A copyright work is related to your job responsibilities if it is the kind of work you are employed to do and you do it, at least in part, for your use at work, or for use by fellow employees, your employer or your employer’s clients. The work should be performed substantially at work using work facilities, but your use of personal time or other facilities to create the work will not change its basic nature if it is related to your job as described above. Works that have nothing to do with job duties will remain the property of the employee, so long as he or she makes no more than incidental use of College facilities.
For example, if your job is “Safety Engineer,” a software program that you create on your own initiative to run on each employee’s computer to show a graphic of their nearest fire exits is related to your job duties and will belong to the College, even if no one asked you to create it and you did some of the programming at home on your own computer. A program that you create that does not relate to your job, that neither you nor others use at work, and that you create on your own time would belong to you.
III. What is meant by “substantial use”?
The Intellectual Property Rights Policy uses the phrase “substantial use of College equipment, services, or resources” in determining when the College claims ownership of intellectual property, not including work identified in the Policy as traditional “scholarly works.” The purpose of this appendix is to amplify the intended meaning of “substantial use.”
For purpose of this Policy, “substantial use” is the use of resources other than those “ordinarily available” to most or all faculty, staff and/or students. At this date, such ordinarily available resources include office space and personal office equipment, office computer, library and other general use information resources, means of network access to such resources, and support provided through the Student Labor Program or other campus program such as the Undergraduate Research and Creative Projects Program. By contrast, utilization of College laboratories or special instrumentation, dedicated assistance by College employees, special financial assistance, or extensive use of shared facilities would constitute substantial use.
The understanding of “substantial use” may be revised from time to time by the Academic Vice President and Dean of the Faculty to reflect changes in technological paradigms.
Release of Information to the Public Media
The Associate Vice President of Integrated Marketing and Communications (IMC) (x3020) and the News and Information Manager (x3023) serve as the College’s principal contacts with the print and electronic media, locally, regionally, and nationally. All employees who are approached by a media representative regarding any matter of College business are encouraged to refer such inquiries to either of these individuals. The staff members in the IMC Department also welcome information about professional activities, student accomplishments, innovative courses or teaching strategies, special events, or other developments of potential interest to the media. Having such information on a timely basis helps bring such important matters to public attention.
This Policy prohibits retaliation against an employee student, guest, or vendor of the College (referred to here as a “Whistleblower”) who reports an activity that the Whistleblower reasonably believes to be illegal, fraudulent or dishonest conduct involving College employees or resources. A copy of this Policy shall be transmitted to all College employees and students at the beginning of each academic term and displayed to the public on the College’s website.
Reporting and Investigation
All members of the College community are responsible for reporting fraudulent, dishonest, or illegal conduct involving College employees or resources. Such reporting should be made according to College policy or applicable law. If a situation is not addressed by existing College policy or if the appropriate manager or supervisor fails to act on such a report according to College Policy, a Whistleblower may report the matter in any of the following ways:
President of the College Chair of the Board (or Audit Committee Chair)
CPO 2200 (or) Berea College
Berea, Kentucky 40404 PO Box 2083
Lexington, Kentucky 40588-2083
By phone: 859-985-3520 (President’s Office)
By email: BereaCollege@ddafcpa.com
All complaints shall be promptly investigated as directed by the President or the Chair of the Board. The Audit Committee of the Board of Trustees receives reports concerning all Whistleblower complaints and their disposition.
College employees may not retaliate against a Whistleblower with the intent or effect of adversely affecting the terms or conditions of employment, enrollment, or any transaction involving College facilities or resources. If the Whistleblower has made a confidential report, the College will exercise reasonable care to keep the Whistleblower’s identity and the report confidential, unless (1) the Whistleblower agrees to the disclosure; (2) disclosure is necessary to allow College or law enforcement officials to investigate or respond effectively to the report; (3) disclosure is required by law; or (4) the person(s) accused of violations by the Whistleblower are entitled to the information as a matter of institutional due process in disciplinary proceedings.
Whistleblowers who reasonably believe that they have been retaliated against by a College employee may file a written complaint with the President or Chair of the Board using any of the reporting methods described above. If retaliation is proven, the retaliating employee(s) are subject to appropriate disciplinary actions or remedies provided in law or equity, including dismissal. The prohibition against retaliation is not intended to prohibit administrators or supervisors from exercising legitimate supervisory responsibilities in the usual scope of their duties and based on the College’s Workplace Expectations, other institutional policies and valid performance-related factors.
Revised August, 2011