Ohio Administrative Code 3357:12 — Technical Colleges | Zane State College

Chapter 3357:12-2 Political and Prohibited Activities; Ethics

Ohio Adm.Code 3357:12-2-02 Political activities.

(A) Membership on the faculty or staff of the college carries with it additional responsibilities of citizenship which reflects the educator's function as a source of informed, objective counsel. In discussing political matters in the college, faculty should proceed in a fair and scholarly manner. Faculty members must not use the classroom for the purpose of soliciting support of any political candidate, program, or organization.

(B) The college assumes no responsibility for the endorsement of a political candidate or cause by members of its faculty or staff. Except for the limited purpose of identifying the college as the employer of the faculty or staff member making a political endorsement, the name of the college is not to be connected with such an endorsement in any way.

(C) Employees of the college have the same fundamental civic responsibilities and privileges as other citizens. Among these are campaigning for an elective public office and holding an elective or appointive public office.

(D) Any employee who intends to campaign for an elective public office will notify the president in writing at the earliest possible moment of the office that he or she intends to seek, together with the decision as to whether he or she wishes to continue employment and under what terms and conditions.

(E) The president will meet with and discuss these matters with the employee involved and will present a proposed solution to the board for consideration. The essential element to be determined by the board is whether the activities proposed by the employee are compatible with the time requirements for fulfilling the employee's responsibilities to the college.

(F) In accordance with the law, the board will determine the terms and conditions under which the employee may continue employment as he or she seeks or holds such office. No employee will use college facilities, equipment, or supplies in connection with campaigning; nor will the employee discuss his campaign with college personnel or students during the working day; nor will the employee use any time during the working day for the campaigning process.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-2-03 Prohibited activities.

If an employee is arrested for an offense listed in the sections 3345.21 to 3345.26 of the Revised Code, the procedures set forth in these sections may be invoked to terminate, suspend, or impose disciplinary probation. In the event of termination, the employee may, in the discretion of the board of trustees, be re-employed by Zane state college but only upon the lapse of one calendar year following dismissal.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-2-04 Ethics for faculty.

(A) The instructor's primary responsibility to his/her subject is to state the truth as he/she sees it. To this end, the faculty devote their energies to developing and improving their scholarly competence. The faculty accept the obligation to exercise critical self discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although he/she may follow subsidiary interests, these interests must never seriously hamper or compromise his/her freedom of inquiry.

(B) As a teacher, the faculty member encourages the free pursuit of learning in his/her students. Holding before them the best scholarly standards of their discipline, the faculty demonstrate respect for the student as an individual and adhere to their proper role as intellectual guides and counselors. They make every reasonable effort to foster honest academic conduct and to assure that the evaluation of students reflects their true merit. The faculty member respects the confidential nature of the relationship between teacher and student. He/she avoids any exploitation of students for private advantage and acknowledges significant assistance from them while protecting academic freedom.

(C) As a colleague, the faculty member has obligations that derive from common membership in the staff. He/she respects and defends the free inquiry of his/her associates. In exchange of criticism and ideas, the faculty always show due respect for the opinions of others.

(D) As members of the institution, faculty accept a share of responsibilities for the governance of the institution. The faculty seek to be effective teachers and scholars. Although faculty observe the stated regulations of the institution, provided they do not contravene academic freedom, they maintain the right to criticize and seek revision. He/she determines the amount and character of the work he/she does outside the institution with due regard to his/her paramount responsibilities within it. When considering the interruption or termination of his/her services, the faculty member recognizes the effect of that decision upon the program of the college and gives due notice of his/her intentions.

(E) As members of the community, faculty members have the rights and obligations of any citizen. They measure the urgency of these obligations in the light of their responsibilities to their subject and to their students, to the profession, and to the college. As citizens engaged in a profession that depends upon freedom for its health and integrity, college instructors have a particular obligation to promote conditions of free inquiry and public understanding of the college and of technical education adapted from "Statement on Professional Ethics," American association of university professors.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-2-05 Ethics for staff.

(A) All staff members must comply with all applicable Ohio ethics laws.

(B) The staff member should be courteous, pleasant, and just in all relationships.

(C) Desirable ethical standards require cordial relations between each staff member.

(D) The conduct of the staff member should conform to accepted patterns of behavior.

(E) Unfavorable criticism of associates should be avoided except when made to proper officials under proper circumstances.

(F) Reports/communications regarding other staff members should be truthful and confidential.

(G) Official business should be transacted only through properly designated officials.

(H) The responsibility for reporting all matters harmful to the welfare of the college rests upon each staff member.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-2-06 Ethics policy guidelines from Ohio ethics laws.

(A) Policy statement

It is the policy of the board to carry out its mission in accordance with the strictest ethical guidelines and to ensure that board members and employees conduct themselves in a manner that fosters public confidence in the integrity of the board, its processes, and its accomplishments.

(B) General standards of ethical conduct

(1) Board officials and employees must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102. and 2921. of the Revised Code, and as interpreted by the Ohio ethics commission and Ohio courts. A copy of these laws is provided by the board, and receipt acknowledged, as required in division (D) of section 102.09 of the Revised Code. Members and employees must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.

(2) A general summary of the restraints upon the conduct of all members and employees includes, but is not limited to, those listed below. No member or employee shall:

(a) Solicit or accept anything of value from anyone doing business with the board;

(b) Solicit or accept employment from anyone doing business with the board, unless the official or employee completely withdraws from board activity regarding the party offering employment, and the board approves the withdrawal;

(c) Use his or her public position to obtain benefits for the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship;

(d) Be paid or accept any form of compensation for personal services rendered on a matter before, or sells goods or services to, the board;

(e) Be paid or accept any form of compensation for personal services rendered on a matter before, or sell, except by competitive bid goods or services to, any state agency other than the board, unless the member or employee first discloses the services or sales and withdraws from matters before the board that directly affect officials and employees of the other state agency, as directed in section 102.04 of the Revised Code;

(f) Hold or benefit from a contract with, authorized by, or approved by, the board, the ethics law does except some limited stockholdings, and some contracts objectively shown as the lowest cost services, where all criteria under section 2921.42 of the Revised Code are met);

(g) Vote, authorize, recommend, or in any other way use his or her position to secure approval of a board contract including employment or personal services in which the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship, has an interest;

(h) Solicit or accept honoraria as referenced in division (H) of sections 102.01 and 102.03 of the Revised Code;

(i) During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the official or employee personally participated while serving with the board;

(j) Use or disclose confidential information protected by law, unless appropriately authorized; or

(k) Use, or authorize the use of, his or her title, the name "Muskingum Area Technical College Board," "Zane State College Board," "MATC Board," or "ZSC Board," or the board's logo in a manner that suggests impropriety, favoritism, or bias by the board or the official or employee.

(3) For purposes of this policy:

(a) Anything of value includes anything of monetary value, including, but not limited to, money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment. "Value" means worth greater than de minimis or nominal.

(b) Anyone doing business with the board includes, but is not limited to, any person, corporation, or other party that is doing or seeking to do business with, regulated by, or has interests before the board.

(4) Financial disclosure

Every board member or employee required to file a financial disclosure statement must file a complete and accurate statement with the ethics commission by April fifteenth of each year. Any member or employee appointed, or employed to a filing position after February 15 and required to file a financial disclosure statement must file a statement within ninety days of appointment or employment.

(5) Assistance

The ethics commission is available to provide advice and assistance regarding the application of the ethics law and related statutes. The commission can be contacted at 614-466-7090. The commission's web site address is: www.ethics.ohio.gov. board counsel and counsel for the governor's office are available to answer questions involving this policy.

(6) Penalties

Failure of any board official or employee to abide by this ethics policy, or to comply with the ethics law and related statutes, will result in discipline, which may include dismissal, as well as any potential civil or criminal sanctions under the law.

(7) Changes

This policy may be changed only by a majority vote of the board.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Chapter 3357:12-3 Employees; Office Work Hours; Title IX Policy; Wages

Ohio Adm.Code 3357:12-3-01 Full-time employee - definition.

A full time employee is defined as an individual employed on a forty hour per week, nine-, ten-, eleven-, or twelve-month basis per fiscal year; or an individual employed an average of not less than thirty hours per week on a twelve month contract shall be considered a full time employee.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-02 Part-time annual employee - definition.

A part time annual employee is defined as an individual employed for a minimum of twenty hours but less than thirty hours per week employed under an annual contract. Part time annual employees are eligible for selected benefits on a prorated basis.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-03 Exempt and non-exempt personnel definition.

(A) The Fair Labor Standards Act requires overtime payment for hours worked in excess of forty hours per week. The Fair Labor Standards Act identifies two classes of employees: exempt and non-exempt.

(B) Exempt and non-exempt status determines overtime eligibility. See section 300.20 overtime and services performed of the 2005 employee handbook.

(C) Each job description is reviewed and determined exempt or non-exempt according to the guidelines of the Fair Labor Standards Act 2004.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-04 Normal work week.

For non-exempt employees, the normal work week consists of forty hours. An individual's work schedule is determined by the authorized administrator with the approval of the appropriate senior administrator. As institutional needs change, individual work schedules may be altered. If an employee's normal work schedule is to be changed for a period of more than two weeks' duration, the employee should be notified at least thirty calendar days in advance per section 124.18 of the Revised Code).

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-05 Office hours.

Offices normally operate from eight a.m. until five p.m. with flexible and extended office hours in select offices. Lunch breaks are to be scheduled for one hour each day. All supervisors must provide the opportunity for their employees to take a fifteen-minute break in the morning and in the afternoon. Break times are not to be added onto the end of the lunch period nor at the end of the day. If the employee chooses not to take a break, that is his or her decision. Supervisors may choose to be flexible by permitting lunch periods of less than one hour, however, the employee is still expected to work eight hours during the day and the office must be open until five p.m. Shortened lunch breaks will not be authorized if it hampers the ability of the college to keep the office open until five p.m. For example, the supervisor authorizes a forty-five minute lunch break. The employee would work from eight a.m. until forty-five minutes after four p.m. Some offices operate on unusual schedules.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-06 Drug-free workplace policy and procedures.

Zane state college, in coordination with the Omnibus Anti Drug Abuse Act of 1988 and specifically in compliance with the Drug Free Workplace Act of 1988 Pub. L. No. 100 690, 5151 5160, is committed to providing a drug free workplace for all employees.

The following policy is effective immediately for all employees as a condition of employment at the college:

(A) Employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812 and as further defined by regulation at 21 CFR 1300.11 through 1300.15, and the abuse of alcohol and unlawful use, sale, etc. of prescription drugs in the workplace at Zane state college.

(B) Employees are required to notify Zane state college of any criminal drug statute conviction for a violation occurring at the college no later than five days after that conviction.

Failure to abide by this college policy will result in immediate disciplinary probation status for the employee and possible termination of employment. If an employee is in violation of paragraph (A) of this rule, he or she has available the "Grievance Policy" of the college.

(C) In compliance with federal regulations, Zane state college will provide a drug free workplace. Toward this end, the college will:

(1) Publish a policy statement stating that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcohol is prohibited on campus or at college activities off campus.

(2) Conduct drug and alcohol awareness programs concerning:

(a) The health risks associated with the use of drugs and abuse of alcohol;

(b) The desire of Zane state college to maintain a drug free workplace;

(c) The availability of drug use and alcohol abuse counseling, rehabilitation, and employee assistance programs;

(d) The penalties that may be imposed upon employees for drug use or alcohol abuse violations occurring in the workplace.

(3) Provide a copy of the policy statement and procedures to all employees at the college.

(4) Impose sanctions consistent with local, state, and federal law up to and including termination of employment and referral for prosecution for violations.

(5) Have available in the human resources department:

(a) A description of the applicable legal sanctions under local, state, and federal law for unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance and alcohol,

(b) Health risks associated with the use of controlled substances and abuse of alcohol, and

(c) Availability of drugs and alcohol counseling treatment and rehabilitation programs.

(6) Notify employees that as a condition of employment they will:

(a) Abide by the terms of the policy and procedures, and

(b) Notify the college of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

(7) Notify the appropriate federal agency providing a grant to the college within ten days after receiving notice under paragraph (C)(6)(b) of this rule from an employee or otherwise receiving actual notice of a workplace drug conviction.

(8) Within thirty days of receiving such notice, the college will:

(a) Take appropriate personnel action up to and including termination, or

(b) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

(9) Make a good faith effort to continue to maintain a drug free workplace through implementation of the above.

(D) The human resources department will monitor the implementation and operation of these procedures.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-07 Employee disciplinary action.

(A) The purpose of employee disciplinary action is to modify or correct unacceptable employee behavior. This unacceptable employee behavior may be disregard of college policy, failure to complete job assignments, unsatisfactory job performance, or other behavior unacceptable in the work environment. The disciplinary action will be progressive: verbal warning, written reprimand, disciplinary probation, and termination. The first three levels of disciplinary action may be grieved using the college's grievance policy.

(B) In cases of verbal warnings or written reprimands, a copy of the action and brief description of the deficiency will be placed in the employee's personnel file and a copy sent to the employee. An employee may choose to place a written response in their personnel file. Notification of a verbal warning and a written reprimand may be pulled from the personnel file based upon the professional judgment of the immediate supervisor at any time but no later than twelve months from the date of issuance. A disciplinary probation note will be maintained in the personnel file a total of twenty-four months, unless removed earlier by the supervisor as indicated above. See "Formal Steps for Termination Employment", policy 300.11 of the Zane state college employee handbook.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-08 Employment, termination and salary of employees.

The president is granted the right and authority to direct employees of the college: to hire, promote, transfer, assign, and retain employees as well as to suspend, demote, terminate, and take other disciplinary action; to reduce employees for any reason including lack of work or other legitimate reasons to maintain the efficiency of the college operation entrusted to him or her; to determine the methods, means and personnel by which such operations are to be conducted; to take whatever actions may be necessary to carry out the mission of the college in situations of emergency; to determine the salary to be awarded to each employee based upon the salary schedule or salary structure approved by the board of trustees and in keeping with the criteria and procedures for promotion as approved by the board of trustees.

The college will give employees notice in writing of the rescinding of an appointment. The college will endeavor to inform the employee sixty days prior to the date of rescindment. However, there may be times when circumstances do not permit that length of time. In general, causes for discipline or termination relate to failure to meet acceptable standards of conduct or performance. Causes relating to termination include but are not limited to the following actions.

(A) Professional incompetence or failure to maintain an acceptable quality of job performance.

(B) Insubordination or refusal to perform duties properly assigned as part of the employee's obligations to the college.

(C) Willful violations of stated rules and policies of the college or willful damage to college property.

(D) An act involving moral turpitude, punishable by a criminal statute of the state of Ohio. This includes serious misconduct of a moral, social, or physical nature unbecoming of a professional.

(E) Others

It is impossible to detail all potential reasons for termination. Among them are unheeded reprimands, gross neglect of work or duty, unsatisfactory completion of probationary period, or acts that jeopardize the safety of others.

When all criteria for employment have been met, the president has the authority to employ personnel within budgetary limits as established by the board of trustees. The president and the secretary of the board of trustees are authorized to issue and sign appointment letters on behalf of the board of trustees.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-14 Equal employment and affirmative action.

It is the policy of Zane state college to insure that applicants and employees are treated during the employment process without regard to their race, color, religion, sex, age, disability, national origin, ancestry, or being a disabled veteran or a veteran of the Vietnam era. Such action will include, but not be limited to, the following: employment, upgrading and promotion, demotion or transfer, layoff or termination, raises of pay or other forms of compensation, selection of training, and participation in the decision making process. The board directs the administration to insure that all applicants and employees are considered in hiring, placement, job assignment, training, and promotion.

Specific equal employment opportunities "EEO" steps to be taken immediately by the Zane state college board of trustees and the Zane state college administration include, but are not limited to, the following:

(A) This "EEO" statement shall be disseminated within the organization so that all employees clearly recognize hiring and promotional opportunities.

(B) The board directs the administration to disseminate its equal employment and advancement policy to the news media for external publication.

(C) The board directs the administration to keep active for one year all applications of persons who are acceptable for employment and to give all possible considerations to them for subsequent employment. The administration will maintain the application materials for one year.

(D) The board directs the administration to review and evaluate the progress of college employees periodically and to ascertain that every reasonable effort is being made to encourage and assist employees in achieving their greatest potential.

(E) The board affirms that all college facilities and all college sponsored activities are available for the use of all qualified employees, students, and public without regard to race, color, religion, sex, national origin, ancestry, age, or disability.

(F) The board shall continually monitor the activities of the college to ensure that these "EEO" programs are being carried out. The board shall add, when necessary, affirmative action activities to this order.

(G) The "EEO" officer, as designated by the president, shall be the responsible equal opportunity official representing the college.

(H) In all recruiting, the board shall take active steps to recruit employees from minorities and non minorities who are unemployed or underemployed.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-15 Conflict resolution policy.

Most workplace issues and problems are resolved through direct and clear communication between parties. Employees should discuss such problems with his or her direct supervisor, who is the key person in all communications involving the employee's work. However, there are times when support or consultation is needed and employees may choose to address his or her concerns through a more formal procedure. Employees who wish to choose a more formal procedure may select the following conflict resolution policy to resolve more serious workplace-related problems. Employees who initiate use of the conflict resolution policy may withdraw the submission at any point in the process.

This policy typically applies to the application, misapplication, or non-application of a college policy or practice. This policy does not apply to performance reviews, issues related to compensation and benefits, and terminations. See human resources regarding these matters.

(A) Level one: An employee initiating the conflict resolution process should first resolve the matter with his or her direct supervisor. At this juncture, the matter will be most likely resolved via one or more verbal conversations.

Note: if the nature of the problem has precluded a discussion with the supervisor, for example, the problem could be with the supervisor, the employee can skip levels one and two and move directly to level three.

(B) Level two: An employee who is not satisfied after the initial verbal conversations, may present the problem in writing to the supervisor, advising that he or she is initiating the conflict resolution process as outlined in this policy. The employee is to copy the office of human resources and this written documentation will be retained in the office of human resources and handled in a confidential manner.

The supervisor will evaluate the problem and respond within five business days. The resolution will occur within this time frame unless the supervisor believes the circumstances warrant additional investigation.

(C) Level three: After reviewing the supervisor's response, should the employee not feel the problem is satisfactorily resolved the employee may refer the problem in writing to the next appropriate level of management. The employee should make arrangements to meet with the manager or his or her designee. The employee may bring a support person to this meeting, for example, co- worker, family member. This support person is to be disclosed to the office of human resources at least one-day prior to the meeting.

The manager will reply to the employee within seven business days of the meeting unless the manager believes further inquiry is required. Most resolution will occur within this time frame.

(D) Level four: Employees who deem a manager's response unsatisfactory may refer the matter in writing to the "Conflict Review Committee" through the human resources office. This committee includes the senior staff member of the employee's departmental area, the director of human resources, the chair of the faculty senate and the chair of the staff senate or their designee, and one other member appointed by the president. The president's appointee should be from the employee's employment group, for example, faculty, staff, or administrator. If the problem involves any of the committee members, the president will appoint a different committee member.

The "Conflict Review Committee" typically consults with the employee and other parties involved, and will render a decision within twn business days after beginning its review of the case. The decision of the "Problem Review Committee" is final and binding. The committee will share the results of the process with the president, and with the employee.

While this policy is intended to address all foreseeable workplace circumstances, it is recognized that not all situations may have been identified. Thus, the supervisor, department head, or division head, may request exceptions to the processes defined above. Exceptions to the above process will be determined after consultation with the appropriate division head and the director of human resources.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-16 Title IX policy.

Anti-discrimination, harassment and sexual misconduct

(A) Purpose. Zane state college strongly opposes and will not tolerate any form of harassment or discrimination, which includes sexual misconduct, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The college will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.

The college recognizes all employees and students should be able to work and learn in safety and dignity and should not have to endure insulting, degrading, or objectionable treatment. Any individual within the college community, including third parties, who files a complaint or participates in an investigation shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.

Discrimination, harassment, and sexual misconduct are illegal. This policy and the associated procedures are not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon rights protected by the First Amendment of the United States Constitution, including academic freedom.

(B) Application. This policy and the associated procedures are applicable to all aspects of college operations and programs. It applies to all college students and employees, including student-employees, faculty, and staff. It also applies to all vendors, contractors, subcontractors, and others who do business with the college.

(C) Reporting. Any person who believes he or she has been a victim of discrimination, harassment, or sexual misconduct is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual. Reports can be made directly to the vice president for student services, the director of campus safety and security, or the director of human resources. The director of human resources serves as the Title IX officer. Alternatively, a victim may report the behavior to any college faculty or staff member.

(D) Any college employee, as designated in paragraph (C) of this rule, who has received a report or who has knowledge of discrimination, harassment, or sexual misconduct must promptly inform Title IX officer or the director of human resources, who will be available to respond to any questions or concerns regarding this policy and associated procedures.

(E) Action. Each report of discrimination, harassment, or sexual misconduct will be promptly and impartially investigated. Interim measures to prevent continued discrimination, harassment, or sexual misconduct during the complaint investigation will be considered and implemented as deemed appropriate. If the college determines there is reasonable cause to believe that a violation of this policy has occurred, the college will take action to provide appropriate relief to the victim, to prevent future discrimination, harassment, and to remedy discriminatory effects. This may include disciplinary action against the accused, as outlined in applicable student and employee conduct and disciplinary policies, procedures, and guidelines, as well as associated procedures implemented pursuant to this policy.

(F) Compliance. The office of human resources is the college's designated office for compliance with federal statutes including Titles VI, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act for students, Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans' Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

(G) Implementation. The director of human resources, the vice president for student services, and the director of campus safety and security will jointly implement procedures and forms, which are consistent with the provisions of this rule.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-18 Outside employment and consultant work.

The college recognizes the potential mutual benefits to the college and to employees regarding selected professional employment outside or beyond that provided by Zane state college. Prior written approval from the immediate supervisor, senior administrative officer, and the president utilizing the "Zane State College-28 form" located in the Zane state college employee handbook appendix reference guide, in duplicate, is required before an employee may enter upon such activity. Employment may be approved:

(A) on the condition that performance of Zane state college duties will not be reduced, and it will be conducted on a completely non-interference basis, and

(B) if the employment is considered not to be in conflict of interest with the best interest of the college and is in compliance with sections 2921.42 and 2921.43 and Chapter 102. of the Revised Code. Reasonable involvement in outside employment relating to the area being taught by a faculty member may be recommended as a part of a faculty member's program for professional growth and development. In cases of continual outside employment, a "Zane State College-28 form" located in the Zane state college employee handbook appendix reference guide, should be submitted each year along with the employee's contract.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-19 Overtime and services performed.

(A) Forty hours shall be the standard work week for all employees, exempt and non exempt. When non exempt employees are required by an authorized administrator to work more than forty hours in any calendar week, they shall be compensated for such time worked at one and one half times the regular rate of pay or at one and one half times compensatory time off in lieu of overtime pay.

(B) If the non exempt employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted by his or her authorized administrator at a time mutually convenient to the employee and the college within fifty working days after the overtime is worked. Between the fifty-first and sixtieth working day, the administrator may assign compensatory days off. If the employee is unable to use the compensatory time within the sixty working days, they will be granted the overtime pay. All overtime work must be authorized and approved in advance in writing by the appropriate senior administrative officer. Each department supervisor shall keep a written record of overtime worked and compensatory time taken on a standard form.

(C) Under the Fair Labor Standard Act Amendments of 1985, the maximum compensatory time that may be accrued is two hundred forty hours. Once a non exempt employee exceeds two hundred forty hours on compensatory time, the employee must be paid for each hour over the maximum.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-20 Personnel records.

(A) Personnel records are governed by the Public Records Act in section 149.43 of the Revised Code. All employees will have access to their own personnel files for review when they request it. The college will not maintain records of the race, religion, sex, or national origin of employees except as required by a federal or state court or agency or federal or state law or regulation concerning programs designed to eliminate discrimination. An employee has the right to correct, ask for a deletion, or write a statement of disagreement with any item in the file in the presence of a human resources representative. He or she, however, may not remove any item from the file.

(B) The college maintains a separate medical insurance records file for each employee. The college will provide employees copies of their medical insurance records upon request unless a physician has certified that doing so will cause serious medical harm to the employee; in which case copies of records will be released to a physician designated by the employee. Medical records may also be released to the state workers' compensation office and medical insurance companies in accordance with state law. Individuals tested for the HIV virus and results of such tests or information identifying individuals diagnosed as having AIDS or AIDS-related conditions will not be released except in accordance with sections 3701.243 and 3701.248 of the Revised Code to the extent the Revised Code is consistent with the Americans with Disabilities Act.

(C) It is important that your personnel file is accurate and up to date. Please notify the human resources department of any changes in the following:

(D) All requests for information about a current, retired, or terminated employee must be referred to the human resources department. The human resources director may disclose to prospective employer's, dates of employment, final title or position and job location, and final salary without authorization from the employee. The college may, but does not have to, release additional information at the employee's request. Employees requesting further disclosure of employment information must sign a release form. This holds true other than for a request pursuant to section 149.43 of the Revised Code.

(E) Information will also be given to duly authorized requests from law enforcement agencies, including investigations, summonses, subpoenas, and judicial orders. The college need not inform an employee that personal information has been disclosed to law enforcement agencies if it concerns an investigation into the employee's on-the-job conduct, especially when the employee's actions endanger other employees or college security and property.

(F) The college will retain its duties and privileges as an employer consistent with good business practices. This includes the collection, retention, use, disclosure, and confidentiality of employee information.

(G) A copy of the "Zane State College Employment Contract and Administrative and Professional and Faculty Addendum" are available on the college's network via the common drive.

(H) The human resources department also issues the employee parking decals, identification cards, and employee handbook upon hire.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-3-21 Fair Labor Standards Act and wage payment policy.

(A) It is the policy of Zane state college to comply with all applicable state and federal laws with respect to payment of wages and benefits to employees including laws such as the federal Fair Labor Standards Act and the Ohio Minimum Wage Law. Zane state college will not make pay deductions that violate either the federal or state laws.

(B) Any employee who believes that Zane state college made an inappropriate deduction or failed to make proper payment regarding wages or benefits is encouraged to immediately consult with the appropriate supervisor. Alternatively, any employee may file a formal written complaint with the director of human resources. Within fifteen business days of receiving the complaint, the director of human resources will make a determination as to whether the pay deductions were appropriate and provide the employee with a written response that may include reimbursement for any pay deductions that were not appropriately made. This complaint procedure is available in addition to any other complaint process, which also may be available to employees.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Chapter 3357:12-4 Policy on Purchasing

Ohio Adm.Code 3357:12-4-10 Purchasing policy.

Purchasing requirements, fixed asset capitalization, insurance, and destruction of property.

(A) The college administration is authorized to expend funds for purchases necessary for the efficient and effective operation of the college without obtaining prior board approval not to exceed fifty thousand dollars from appropriated funds.

(B) All purchases costing more than three thousand dollars and less than five thousand dollars, unit price, and all purchases of library books and periodicals shall be procured by securing informal competitive price quotations for items requisitioned. A single purchase may not be divided for the purpose of avoiding bid procedures.

(C) Prior to signing a purchase contract for all purchases costing more than five thousand dollars, but less than fifty thousand dollars, unit price, the treasurer shall obtain a minimum of three written proposals.

(D) All purchases costing more than fifty thousand dollars unit price, will be competitively bid by the treasurer and legally advertised once a week for three consecutive weeks in at least one newspaper of general circulation within the college district where the work is to be done.

(E) In accordance with division (A) of section 3357.16 ot the Revised Code, the board of trustees has let by contract the work of improvements in which the amount shall not exceed fifty thousand dollars for fiscal years 2003 and 2004. The chancellor of the Ohio board of regents will determine a biennial adjustment for inflation. Contracts in excess of stated amount should be legally advertised once a week for three consecutive weeks in at least one newspaper of general circulation within the college district where the work is to be done.

(F) The capitalization amount for fixed assets with a useful life of at least one year will be five thousand dollar unit price. Depreciation will be applied using the hospital schedule.

(G) The following items shall be exempt from the policy.

(1) Unexpected emergency situations, for example, maintenance, and equipment repair.

(2) Compatibility requirements.

(3) Items pre-bid for the state of Ohio or the Ohio inter-university purchasing council.

(4) Conditions of grant award

(5) Professional service providers for example, auditors, attorneys, architects, and consultants.

(6) Sole source items.

(7) Distributions authorized by the college for whom the college is the fiscal agent or custodian of funds.

(H) The treasurer shall be authorized to insure said property. The insurance shall be purchased in keeping with statutes and bid procedures subject to administrative approval.

(I) The treasurer shall be authorized to keep a perpetual inventory of all real property, including movable equipment, with a purchase price of one thousand dollars..

(J) The treasurer is authorized to make necessary transfers between line-item appropriations within a fund without limitations and is further authorized to make necessary transfers between funds not to exceed fifty thousand dollars.

(K) The president shall be authorized to deal with campus unrest, violence, and the willful or negligent destruction of property by employees, students or others in the manner prescribed by state statutes dealing with campus unrest.

(L) The college will comply with the Executive Order 2010-09S "Banning the Expenditure of Public Funds on Offshore Services."

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Chapter 3357:12-5 Employee Benefits and Retirement

Ohio Adm.Code 3357:12-5-10 Cobra.

Zane state college offers employees and their families the opportunity for continuation coverage on medical, dental, vision, and flexible spending account plans at a hundred and two percent of the group rates. This benefit is available under the following conditions.

(A) Retirement.

(B) Employee's involuntary termination, resignation, disability, layoff, or leave of absence.

(C) Divorce from employee/retiree.

(D) Dependent child reaching age eligibility limit.

(E) Spouses or dependents due to covered employee's entitlement to medicare.

(F) Disability with qualifications.

(G) Zane state college no longer provides coverage.

(H) The plan provides lesser benefits for a preexisting condition for which one is receiving treatment.

Please see human resources for additional information.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-11 Unemployment compensation.

If the employee qualifies, the college is governed by state and federal unemployment compensation guidelines.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-12 Worker's compensation.

Any employee of Zane state college who is accidentally injured or who contracts an occupational disease in the course of or arising from employment must report the incident to human resources via the "First Report of Injury form (FRI)" within a twenty-four hour period after injury or knowledge of the occupational disease if at all possible. Information will then be filed with the Ohio industrial commission under provisions of the Ohio Worker's Compensation Law. Any and all information pertaining to worker's compensation can be obtained from the human resources department. See appendix reference guide for form provided in the Zane state college employee handbook.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-19 Retirement programs.

Ohio public institutions do not participate in the social security administration, other than contributions to medicare. While employed with the college, your retirement contributions must be invested with one of the state retirement systems, state teachers retirement system of Ohio for faculty, state employees retirement system of Ohio for staff, or the alternative retirement plan, an alternative to state teachers retirement system or state employees retirement system of Ohio for eligible faculty and staff.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-20 State teachers retirement system.

Members of state teachers retirement system currently contribute ten per cent of their annual salaries and the college board of trustees contributes fourteen per cent. An approved tax-deferred program also known as employee pick-up, became effective July 1, 1984, for all employees. There are no deductions for social security. Effective April 1, 1986, all new employees at the college contribute 1.45 per cent of their gross salary to medicare.

State teachers retirement system is a defined benefits plan. Retirement benefits, if vested, include optional retirement age, disability retirement income, survivor benefits, optional retirement plans, healthcare plans, withdrawal privileges, opportunity to purchase additional increments, and ability to coordinate with other state retirement programs. Brochures describing this in detail are available from human resources and at the website http://www.strsoh.org.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-21 School employees retirement system.

Members of state employees retirement system currently contribute ten per cent of their annual salaries and the college board of trustees contributes fourteen per cent. An approved tax-deferred program, also known as employee pick-up, became effective July 1, 1984, for all employees. There are no deductions for social security. Effective April 1, 1986, all new employees at the college contribute 1.45 per cent of their gross salary to medicare.

State employees retirement system is a defined benefit plan. Retirement benefits, if vested, include optional retirement age, disability retirement income, survivor benefits, optional retirement plans, healthcare plans, withdrawal privileges, opportunity to purchase additional increments, and ability to coordinate with other state retirement programs. Brochures describing this system in detail are available from human resources and at the website http://www.ohsers.org.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-22 Alternative retirement plan.

Eligible faculty and unclassified administrative and professional staff hired on or after February 5, 1999, may elect an alternative retirement plan. Eligible classified staff hired on or after August 1, 2005, may elect an alternative retirement plan. Eligible employees may enroll within one hundred twenty days of initial employment or transfer from an ineligible to an eligible appointment. Eligible employees must choose an Ohio department of insurance board certified alternative retirement plan vendor. Once enrollment is established with a system, the initial election is irrevocable.

State teachers retirement system defined employees contribute ten per cent to the alternatiave retirement plan. The college contributes 10.5 per cent to the alternative retirement plan employee account and 3.5 per cent, mandated by law to the state teachers retirement system..

State employees retirement system defined administrative, professional, and classified staff employees, hired prior to August 1, 2005 contribute ten per cent to the alternative retirement plan. The college contributes fourteen per cent to the alternative retirement plan.

State employees retirement system defined administrative, professional, and classified staff employees, hired after August 1, 2005 contribute ten per cent to the alternative retirement plan. The college contributes eight per cent to the alternative retirement plan employee account and six per cent, mandated by law to state employee retirement system.

The alternative retirement plan is a defined contribution plan. No additional benefits are available upon retirement with these programs.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-26 Adjunct faculty opportunities.

Opportunities exist in several course areas for added compensation for teaching. Please see the current salary schedule located in the Zane state college employee handbook appendix reference guid for compensation concerning this opportunity. More information is available in the evening programs office concerning classes.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-27 Paid holidays.

(A) All employees of Zane state college who are employed under a full-time twelve-month contract shall be entitled to the following holidays:

(B) In the event that any of the aforesaid holidays should fall on Saturday, the Friday immediately preceding shall be observed as the holiday. In the event that any of the aforesaid holidays should fall on Sunday, the Monday immediately succeeding shall be observed as the holiday.

(C) Based on division (B) of section 124.19 of the Revised Code, the president may, for all employees of the college, observe on days other than those specified above any of the holidays otherwise observed on the third Monday in February and the second Monday in October.

(D) If an employee whose position is classified in categories 1 - 6, support personnel, of the Zane state college salary schedule is required by an authorized administrator to work on a holiday, the employee shall be compensated for such time worked at 1.5 times the employee's regular pay or at 1.5 times compensatory time off in lieu of overtime pay. If the employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted by the employee's departmental supervisor with the approval of a senior administrator at a time mutually convenient to the employee and the college within one hundred eighty days after the overtime is worked. effective: January 1, 2000.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-28 Sick leave policy and procedures.

The Zane state college board of trustees adopted the following sick leave policy and procedures.

(A) Sick leave policy

(1) Instructional and non-instructional employees, upon approval of the responsible administrative officer, may use sick leave for absence due to illness, pregnancy, disability, injury, exposure to contagious disease which could be communicated to others, healthcare appointments, and for absence due to illness, injury or death please see paragraph (D) of this rule in the employee's immediate family. "Immediate family" is defined as spouse, children, parents, brothers and sisters, grandparents, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, and members of the immediate household.

(2) The previously accumulated sick leave of a person who has been separated from public service, whether accumulated pursuant to section 143.29 or 3319.141 of the Revised Code or pursuant to this policy, shall be placed to the individual's credit upon re-employment in the public service, provided that such re-employment takes place within ten years of the date of the last termination from public service. A faculty or non-faculty employee who transfers from another Ohio public agency to Zane state college shall be credited with the unused balance of the accumulated sick leave up to one hundred twenty days.

(a) Full-time employee non-faculty

Each full-time employee of the college shall be entitled to fifteen days of sick leave during contract year. Full-time employees will receive 5.0 hours of sick leave per pay with no limitation of maximum accrual.

(b) Part-time annual employee non-faculty

Each part-time employee who works less than forty hours per week but more than twenty hours per week on an annual contract shall be entitled to a prorated amount of sick leave based upon the number of hours employed per week with no limitation of maximum accrual.

(c) Faculty

Each full-time annual faculty member shall be entitled to fifteen days of sick leave during a contract year. A "contract year" is an employment period of nine months or more which includes three academic quarters. No extra days are gained by being employed a fourth quarter. Faculty will receive 5.0 hours of sick leave per pay with no limitation of maximum accrual. Faculty who elect eighteen pays during a contract year will receive 5.0 hours of sick leave per pay with a manual adjustment occurring before the October fifth pay of each year.

(B) Sick leave procedures

(1) Full-time employee and part-time annual employee (non-faculty)

(a) Employees are responsible for notifying their immediate supervisor prior to the workday in the event of illness, injury, etc.

(b) Application for sick leave must be submitted on the employee leave form immediately upon returning to duty.

(c) The form must be signed by the immediate supervisor.

(d) It is the responsibility of the immediate supervisor to ensure that all sick leave taken is reported to the payroll administrator in the business office.

(e) In the event of absence due to illness of five or more consecutive working days, the employee must present a physician's statement confirming the nature of the illness. The supervisor should request a physician's statement in any event of absence due to illness if extenuating circumstances warrant the request. An extenuating circumstance may include, but not necessarily be limited to, repeated absences of less than five consecutive working days.

(2) Faculty

(a) Faculty are responsible for notifying their appropriate dean prior to their class meeting in the event of illness.

(b) Application for sick leave must be submitted on the employee leave form immediately upon returning to duty.

(c) The form must be signed by the division dean.

(d) It is the responsibility of the division dean in each area to ensure that all sick leave taken is reported to the payroll administrator in the business office.

(e) A faculty member will be charged eight hours of sick leave if an entire day is missed or forty hours of sick leave if a faculty member is absent the entire week. In the event that a faculty member is present at work for part of a day but leaves because of illness, only the hours missed to complement the eight-hour day will be taken.

(f) A faculty member will be charged for one hour of sick leave for every hour missed because of a healthcare appointment, for example, medical, dental, and vision, etc.

(g) Full-time faculty who are on part-time status during the summer or during inter-session classes will be charged one hour of sick leave for every hour missed because of illness, injury, healthcare appointments, etc.

(h) In the event of absence due to illness of five or more consecutive working days, the employee must present a physician's statement confirming the nature of the illness. The supervisor should request a physician's statement in any event of absence due to illness if extenuating circumstances warrant the request. An extenuating circumstance may include, but not necessarily be limited to, repeated absences of less than five consecutive working days.

(C) Cash payment of sick leave credit upon retirement

(1) The Zane state college board of trustees adopted the following policy on cash payment of sick leave credit upon retirement effective July 1, 1979.

(2) Each full-time Zane state college employee with ten years or more of full-time service with the college shall be entitled to payment based on the employee's rate of pay at retirement for one-fourth of the employee's accrued but unused sick leave at retirement up to a maximum accrual of one hundred twenty days, maximum payment of thirty FTE work days or two hundred forty work hours. An eligible employee must simultaneously retire into either the state teachers, school employees, or alternative retirement program and from active service with the college. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time. Such payment shall be made only once to any employee. Confirmation of retirement shall be obtained from the appropriate retirement system.

(D) Bereavement leave

(1) Bereavement leave may be taken in the event of death in the employee's immediate family. "Immediate family" including step family members, is defined as spouse, children, parents, brothers and sisters, grandparents, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, and members of the immediate household. A maximum of five days of sick leave may be taken for bereavement.

(2) Please utilize the procedures outlined in paragraph (B) of this rule "Sick Leave Procedures" for bereavement leave.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-29 Family and medical leave act.

This rule serves as written notice to all employees of the expectations and obligations of Zane state college and its employees pertaining to leave pursuant to the regulations of the Family and Medical Leave Act "FMLA".

(A) Zane state college provides for its employees up to twelve weeks of leave if requested by an employee for one or more of the following reasons:

(B) The leave for a newborn child or for adoption or foster care placement of a child must be completed within twelve months of the birth, adoption, or placement, and the leave may be taken in increments not to exceed twelve weeks in a twelve-month period of time. Leave for a serious health condition may be taken intermittently or on a reduced-time basis but only if such a schedule is needed for medical reasons.

(C) An employee must use all sick leave hours, if available, for all of the twelve-week period. The twelve-week leave in a twelve-month period will be measured forward from the first day the leave is taken.

(D) Spouses employed by the college are jointly entitled to twelve weeks of leave for the birth or placement of a child or to care for a parent who has a serious health condition. The care for a spouse or child with a serious health condition entitles each employed spouse a separate twelve-week limit. Any employee must request FMLA and meet the criteria outlined.

(E) The employee is expected to give the college at least thirty days advance notice of leave, to the extent advance notice is practicable. Also, if the leave is for planned medical treatment and will be taken on an intermittent basis or by a reduced schedule, the employee is expected to schedule the treatment so as to create a minimum disruption to the college.

(F) "Serious Health Condition" is defined as an injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential care facility, or continuing treatment by a health care provider. "Continuing Treatment" constitutes the following:

(1) A period of incapacity of more than five consecutive calendar days, involving:

(a) Treatment two or more times by a health care provider, or

(b) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the health care provider's supervision.

(2) Pregnancy or prenatal care.

(3) A chronic serious health condition, defined as one that:

(a) Requires periodic visits for treatment by a health care provider,

(b) Continues over an extended period of time, and

(c) May cause episodic rather than continuing incapacity.

A chronic health condition also qualifies as a serious health condition even if an employee does not receive treatment, and it does not last five days.

(4) A permanent or long-term condition for which treatment may not be effective.

(5) An absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or injury or for a condition that likely would result in an incapacity of three or more days in the absence of medical treatment.

(6) Allergies or mental illness resulting from stress, but only if they meet all of the other criteria of a serious health condition.

(7) Substance abuse, but only if the employee is taking leave for treatment by a health care provider.

(G) The college requires certification from a health care provider concerning the health condition including certification that the employee is needed to care for a family member, and an estimated time of return is needed. The college can also request an update of the certification after thirty days of leave is used. The college also reserves the right to request a second opinion for the certification with the college incurring the cost of the second opinion.

(H) If the employee returns to work after the leave within the stated timeframe, he or she will be returned to the same or an equivalent position and benefits.

(I) For health benefits during the leave, the employee will be responsible for their contributing costs. Employee contributions must be paid at the same time as the contributions would have been due if the employee were actively working. The college contributions will be actively paid as long as the employee is contributing to continuing coverage. If the employee does not return to work after the leave, the college has the right to charge the employee retroactively for the portion of each premium that was paid by the college.

FMLA leave will not be granted to the following employees:

(1) An employee with less than twelve months or fifty-two weeks of total service.

(2) An employee who works less than twelve hundred fifty hours of service in the previous twelve months.

(J) All requests for leave must be submitted in writing to the human resources department and indicate explicitly the employee's intention to return to work upon expiration of the leave. Leaves granted to full-time employees will be with the approval of human resources and the president. Computation of the leave and any other information concerning leave is available in the human resources department.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-30 Employee leave donation program.

Pursuant to the provisions of division (K) in section 3357.09 of the Revised Code, Zane state college has established an employee leave donation program. The intent of the employee leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness of the employee. Critical need will be determined by a committee composed of the president, the employee's supervisor, and a representative from human resources on a case by case basis. The employee leave donation program shall not be used for the care of a new born or adopted children. This policy does not discriminate against women whose disability is based upon pregnancy or childbirth.

(A) An employee may receive donated leave, either vacation or sick leave, up to the number of hours the employee is scheduled to work each pay period, for example full-time employees may receive up to forty hours per week, part-time annual employees who are employed under a twelve month contract for less than forty hours but more than twenty hours may receive a prorated amount based upon the number of hours worked per week if the employee who is to receive donated leave:

(1) Has a serious illness or injury;

(2) Has no accrued leave;

(3) Has applied for any paid leave, workers' compensation, or benefits programs for which the employee is eligible. An employee who has applied for programs may use donated leave to satisfy the waiting period for such benefits, when applicable;

(4) Has provided documentation from an attending physician. In the event the employee is incapacitated, another employee and/or member of immediate family may initiate action for the employee to receive donated leave;

(5) Has approval of critical need from review committee every ninety days. The committee will review the critical need for continued donation approval and estimate the total number of donated hours needed.

(B) Employees may donate leave if the donating employee: See appendix A-40 located in the Zane state college handbook appendix.

(1) Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;

(2) Donates a minimum of eight hours;

(3) Retains a combined leave balance, vacation and/or sick leave of at least eighty hours. All donated leave will convert to sick leave.

(C) The leave donation program shall be administered on a pay period by pay period basis. Employees using donated leave shall be considered in active pay status and shall accrue leave, and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit.

(D) Employees who wish to donate leave shall certify:

(1) The name of the employee for whom the donated leave is intended;

(2) The type of leave and number of hours to be donated;

(3) They will have a minimum eighty hour balance of sick and vacation leave;

(4) The leave is donated voluntarily and will not be returned;

(5) The maximum amount donated does not exceed fifteen days within a fiscal year.

(E) The privacy of any employee in need of donated leave shall be respected; however, with permission of the employee or a member of the employee's immediate family, college staff may be informed of the need for donated leave to include the name of the individual in need of leave and the nature of the precipitating situation.

(F) Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee's right to privacy; however, appointing authorities may, with permission, inform employees of their co-worker's critical need for leave. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 3357:12-5-34 Military and reserve leaves.

All officers and employees of the state or the political subdivisions thereof who are members of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or members of other reserve components or armed forces of the United States are entitled to leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one calendar days in any one calendar year unless an act of war is declared by the president of the United States . In accordance with the Veteran's Reemployment Rights Act, employees on leave for services or training in the United States armed forces or reserve are entitled to additional leave without pay after thirty-one days and reinstatement after such leave to their former or substantially equivalent positions. The immediate supervisor or division dean should be notified at the earliest possible date of the forthcoming absence. All efforts should be made by the employee to schedule summer camps and/or other training activities to minimize absence from college duties.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Chapter 3357:12-7 Legal Services

Ohio Adm.Code 3357:12-7-16 Legal services.

Zane state college utilizes the legal services of the education section of the state of Ohio attorney general's office, as well as, any special counsel who may be assigned by the attorney general's office. All questions or situations that may arise that requires the advice of legal counsel shall be communicated to the college's attorney via the president, appropriate vice president, or director of human resources.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15

Chapter 3357:12-11 Privacy of Records

Ohio Adm.Code 3357:12-11-03 Privacy of student records.

In compliance with the Family Educational Rights and Privacy Act of 1974, the following policy and procedures will be followed relative to official student records and information at Zane state college. Students eighteen years of age or who are attending Zane state college shall have the following rights listed in this rule.

(A) Inspection and review of records

(1) Students may inspect and review any and all educational records, files, and data related directly to them as covered under section V.

(2) Educational Records is defined as those records, files, documents, and other materials which contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution. The term does not include records of instructional, supervisor, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or records on a student who is eighteen years of age or older or is attending an institution of post-secondary education which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professionals acting in his professional or paraprofessional capacity or assisting in that capacity and which are created, maintained, or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(B) Release of personally identified records

Zane state college will not permit access to or the release of educational records or personally identifiable information contained therein other than directory information without the written consent of the student to any party other than the following.

(1) School officials, including teachers within the college, who have been determined by the institution as having legitimate educational interests.

(2) Authorized representatives of the comptroller general of the United States, the secretary and administrative head of an educational agency, or state educational authorities in connection with the audit and evaluation of federally supported educational programs or in connection with the enforcement of the federal legal requirements which relate to such programs.

(3) In connection with a student's application for or receipt of financial aid.

(4) State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1975; nothing in this paragraph shall prevent a state from further limiting the number or type of state or local officials who will continue to have access thereunder.

(5) Organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it is conducted.

(6) Accrediting organizations in order to carry out their accrediting functions.

(7) Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954.

(8) In compliance with a judicial order or pursuant to any lawfully issued subpoena upon condition that the student is notified of all such orders or subpoenas in advance of the compliance therewith by the college.

(9) Zane state college will release information from education records to appropriate person(s) in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other persons.

The factors which will be taken into account in determining whether records may be released under this section include the following:

(10) The seriousness of the threat to the health or safety of the student or other persons;

(11) The need for such records to meet the emergency;

(12) Whether the persons to whom such records are released are in a position to deal with the emergency; an

(13) The extent to which time is of the essence in dealing with the emergency.

(C) Record of access

(1) Zane state college shall maintain a record, kept with the educational records of each student, which will indicate all parties other than those specified in paragraph (A) of this rule which have requested or obtained access to a student's educational records maintained by such educational agency or institution and which will indicate specifically the legitimate interest that each such party has in obtaining this information.

(2) Zane state college shall maintain a record, kept with the educational records of each student, which will indicate all parties other than those specified in paragraph (A) of this rule which have requested or obtained access to a student's educational records maintained by such educational agency or institution and which will indicate specifically the legitimate interest that each such party has in obtaining this information.

(D) Transfer of information by third parties

(1) Zane state college will not release personal information on a student except on the condition that the party to which the information is being transferred will not permit any other party to have access to such information without the written consent of the parents or of the eligible student.

(2) Zane state college shall include with any information released to a party under paragraph (D)(1) of this rule a written statement which informs such party of the requirements set forth in paragraph (D)(1) of this rule.

(E) Directory information

(1) Directory information will be made available to persons, firms, and companies outside the college and for internal purposes, such as student directories, etc., unless notified by the student that this information should not be released without prior consent.

(2) "Directory information" means a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(F) Waiver of right to review job placement information

(1) A student may waive his right to review letters of recommendation and other Zane state college career and employment services office information of a confidential nature with respect to the student obtaining employment through the career and employment services office. Students not wishing to waive their right of review of this information will not be denied placement services.

(G) Challenges to the content of records

(1) Students will have a full and fair opportunity to present evidence to show that information contained in their records is inaccurate, misleading, or otherwise inappropriate information. Every attempt will be made to settle disputes by informal means. Opportunity for a formal hearing will be provided only when such informal means are not satisfactory to the student or the college.

The dean of student services is charged with the responsibility of developing procedures to comply with this policy.

History

• Effective: March 18, 2015
• Promulgated Under: 111.15