Ohio Adm.Code 3358:16 | Ohio Administrative Code 3358:16 — State Community Colleges | Terra Community College

Chapter 3358:16-1 Board of Trustees

Ohio Adm.Code 3358:16-1-01 Governance policy.

(A) Board mission

On behalf of the citizens of its service district, the board of trustees will govern Terra state community college through an expression of its policies.

(B) Governing style

The board will be proactively involved in the governance of the college, staying adequately informed on relevant issues and focusing outward rather than inward. The board will provide strategic leadership and act collectively as a body. The board will be accountable to the general public and will allow no individual or committee of the board to hinder this commitment.

The duties of the board are as follows:

(1) To represent the public interest

(2) To establish policies and procedures that ensure the successful management of the college

(3) To select and evaluate the president

(4) To be actively engaged in the legislative process insofar as that engagement benefits the college

(5) To support the financial resource development of the college

(6) To take appropriate positions on public policy issues

(D) Chairperson's role

The chairperson is, primarily, responsible for the integrity of the board's process, and for ensuring that the board behaves consistently with its own policies.

The chairperson is, secondarily, the representative of the board to outside parties. The chairperson is the only board member authorized to officially speak for the board (beyond simply reporting board decisions).

The chairperson is empowered to chair board meetings with all the commonly accepted power of that position.

The chairperson serves as the voting delegate to OACC and ACCT. If the chair or vice chair are unable to attend, the chair will appoint a delegate in accordance with the policies of OACC and ACCT.

(E) Vice-chairperson's role

The vice-chairperson will fulfill the role of the chairperson in his or her absence, and assist in all the duties listed under the role of the chairperson.

Although not mandatory, the vice-chair should consider assuming the role of chairperson, unless his/her circumstances change.

The vice-chairperson serves as the alternate voting delegate to OACC and ACCT. If the chair or vice chair are unable to attend, the chair will appoint a delegate in accordance with the policies of OACC and ACCT.

(F) Board committee principles

The board may establish committees to help carry out its responsibilities. The board will determine the charter and authority of these committees. Committees will be used so as to minimally interfere with the wholeness of the board's job, and so as never to interfere with delegation from the board to president.

(1) Board committees may not speak or act for the board except when formally given such authority by the board chair or the board for specific and time-limited purposes.

(2) Board committees are to help the board do its job, not to help the staff do its job.

(3) Board committees cannot exercise authority over staff. Because the president works for the full board, he or she will not be required to obtain approval of a board committee before an executive action.

(4) With respect to college finances and the annual review of board policies and board evaluations, the board operates as a committee of the whole.

(G) Annual board planning cycle

To accomplish its goals, the board will follow an annual agenda in which it reviews and approves the college's strategic plan, including the strategic goals.

(H) Board members' code of conduct

Board members may not attempt to exercise individual authority over the organization except as explicitly set forth in board policies.

(1) Board members' interaction with the president or with staff must recognize the lack of authority in any individual board member or group of board members.

(2) Board members' interaction with the public, press, or other entities must recognize the same limitation and similar inability of any board member or board members to speak for the board.

(3) Board members will make no judgments of the president or staff performance except as that performance is assessed against explicit board policies by the official process.

(I) Ethics and conflict of interest policy.

Terra state community college board of trustees will carry out the mission of the college in accordance with the strictest ethical guidelines and conduct themselves in a manner that fosters public confidence in the integrity of the Terra board, its processes, and its accomplishments.

Terra board members 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. Members must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.

A general summary of the restraints upon the conduct of all board members as well as employees includes, but is not limited to, those listed in this paragraph. No board member shall:

(1) Solicit or accept anything of value from anyone doing business with the college;

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

(3) 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;

(4) Be paid or accept any form of compensation for personal services rendered on a matter before, or sell goods or services to, Terra state community college;

(5) 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 Terra state community college, unless the trustee first discloses the services or sales and withdraws from matters before the Terra board that directly affects officials and employees of the other state agency, as directed in section 102.04 of the Revised Code;

(6) Hold or benefit from a contract with, authorized by, or approved by, the Terra state board of trustees (the ethics law does accept 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);

(7) Vote, authorize, recommend, or in any other way use his or her position to secure approval of a Terra state community college 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;

(8) Solicit or accept honoraria (see division (H) of sections 102.01 and 102.03 of the Revised Code);

(9) 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 trustee personally participated while serving with Terra state community college;

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

(11) Use or authorize the use of his or her title, the name "Terra State Community College," or "TSCC," or the college's logo in a manner that suggests impropriety, favoritism, or bias by the trustee, official, or employee.

(12) Board members will sign a conflict of interest policy once per term.

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 Terra State Community College" 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 interest before Terra state community college.

Every Terra state community college 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 after February fifteenth and required to file a financial disclosure statement must file a statement within ninety days of appointment or employment.

(J) Board operations

The board will operate in a consistent manner, and unless otherwise noted, adhere to these operational proceedings:

(1) The board will establish an annual schedule by the last meeting of the calendar year.

(2) The chairperson will delegate responsibility for the development of the slate of officers each year. The board will vote by secret ballot, if necessary, on the candidates nominated at the first organizational meeting in of the calendar year.

(3) The chairperson will appoint one of the trustees to the role of sergeant at arms/parliamentarian. This individual will ensure that the board: (a) adheres to the principles of policy governance and (b) maintains the basic tenets of Robert's Rules of Order.

(4) At the annual organizational meeting, the newly elected chair will ask trustees on which committees they prefer to serve and if they would like to represent the college board at foundation meetings.

(5) At the annual organizational meeting, the board will schedule a finance committee meeting. This committee will typically meet in May for discussion of tuition/fee adjustments and the budget for the next fiscal year. Nothing precludes this committee from meeting at other times if necessary. The finance committee will operate as a committee of the whole.

(6) At the organizational meeting, the board will schedule a policy and evaluation review committee meeting to review board policies and the college's evaluation processes (board and president.) The group will also create a professional development plan for the year. This group will typically meet in March and approve any recommendations at the April board meeting. The policy and evaluation review committee will operate as a committee of the whole.

(7) The minutes of the foundation board meetings will be included as a regular part of the trustees' meeting agenda.

(8) The board, when it is found to be in the best interest of the college, may, by a majority vote, suspend its rules and take action overriding a previously adopted policy.

(9) After new policies and procedures related to college operations are approved, authority to revise procedures is delegated to the college president and staff.

(10) The agenda will be set by the board chairperson and the vice-chairperson with input from board members and the college president.

(11) All items presented to the board will be placed on a consent agenda. Any items may be removed from the consent agenda at the request of a board member or administrator.

(12) Each new board member shall be oriented to the college through a review of the board of trustees handbook. The chair of the board, along with the president and other trustees, will play an active role in new trustee orientation.

(13) The board will engage in board member education, a minimum of once a year, preferably during a retreat. The leader of the development session may be another board member who has attended a state or national trustee education event. Board members are encouraged to attend state and national conferences to further their professional development.

(14) The Ohio Revised Code provides that "Any member of a Board of Trustees of an Institution of Higher Education who fails to attend at least three-fifths of the regular and special meetings held by that Board in any two-year period forfeits his position on the Board." There is no appeal mechanism. The provision went into effect January 1, 1995. If attendance for any particular Terra trustee becomes an issue, the chairperson of the board will contact that individual and make a final determination about the attendance credit.

(K) Board evaluations

The board will perform the following evaluations:

(1) The board will evaluate itself at the October meeting.

(2) The board may choose to evaluate the president informally during executive session at the January board meeting. The president will distribute materials to the trustees for review prior to the evaluation session.

(3) The board will formally evaluate the president at the August board meeting. The president will distribute written materials for review prior to the meeting.

As part of the evaluation, the board may review the president's performance through a variety of means, including the following:

(a) achievement related to the strategic goals (ends) of the college

(b) adherence to the "executive limitations," which define the acceptable boundaries for presidential behavior

The board may also request internal or external reports related to the College or president's performance.

(4) The chair of the board will appoint a subcommittee to conduct a comprehensive evaluation of the president as needed.

(5) The board policy and evaluation review committee will evaluate the memorandum of understanding between the trustees and the Terra college foundation annually. The memorandum of understanding will be signed each year in June by the chairs of the respective boards and the college president.

(L) Citizenship participation

(1) The board will give high priority to citizen participation. A person(s) desiring to speak to the assembled board must seek special permission from the chairperson. This permission must be in writing and sought at least one week in advance of a regular board meeting. The board will limit the time each person is allowed to speak. The maximum time allotted at any given meeting will be ten minutes.

(2) The board will ensure the president maintains a public complaint process as required by accrediting agencies.

History

Effective: June 13, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-1-02 Conflict of interest.

A conflict of interest exists when the personal or professional interests of a trustee affects his or her ability to be objective. As trustees are likely to be affiliated with many organizations in their communities, both on a professional and a personal basis, it is not unusual for an actual or potential conflict of interest to arise. This policy defines how the governing board of trustees of Terra state community college define how the college interprets a conflict of interest and what steps are expected to be taken to deal with such conflicts when they occur.

A general summary of the restraints upon the conduct of all board members as well as employees includes, but is not limited to, those listed below. No board member shall:

(A) Solicit or accept anything of value from anyone doing business with the college;

(B) Solicit or accept employment from anyone doing business with the college, unless the trustee completely withdraws from college 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 sell goods or services to, Terra state community college;

(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 Terra state community college, unless the trustee first discloses the services or sales and withdraws from matters before the Terra board that directly affects 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 Terra state board of trustees (the ethics law does accept 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 Terra state community college 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 (see 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 trustee personally participated while serving with Terra state community college;

(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 "Terra State Community College," or "TSCC," or the college's logo in a manner that suggests impropriety, favoritism, or bias by the trustee, official, or employee.

For purposes of this policy:

"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.

"Anyone doing business with Terra State Community College" 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 interest before Terra state community college.

(L) In order to comply with this policy, it is expected that:

(1) If a trustee has an interest in a proposed transaction with the college in the form of a significant personal or organizational financial interest in the transaction or holds a position as trustee, officer, director or staff member in such organization, he or she must make full disclosure of such interest before any discussion or negotiation of such transaction.

(2) Any trustee who has a potential conflict of interest with respect to any matter coming before the board or a committee shall not participate in any discussions of or vote in connection with the matter unless invited to respond to questions or provide factual information by the board or committee chair.

(3) Any trustee who gains privileged information by virtue of his or her role as a trustee shall not use that privileged information for personal or professional gain.

This policy shall be distributed to trustees upon their appointment to their term. A signature in the designated area of this policy will indicate the trustee's agreement to abide by this policy to the best of his or her ability for the time allotted to the appointment as a governing board trustee for the college.

I have read the above statement of policy regarding conflict of interest and agree to abide by this policy to the best of my ability in my role as a governing board trustee for Terra state community college.

Signature:__________________________________________________ Date:____________________________

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-1-03 Board-president relationship.

(A) Delegation to the president

The president is accountable to the full board. The board will establish the governing policies, delegating implementation of the policies and the development and implementation of procedures to the president.

(1) All board authority delegated to staff is delegated through the president, so that all authority and accountability of staff is considered to be the authority and accountability of the president.

(2) Strategic goals policies direct the president to achieve certain results; executive limitations policies constrain the president to act within acceptable boundaries of prudence and ethics. With respect to goals and executive means, the president is authorized to establish all further procedures, make all decisions, take all actions and develop all activities as long as they are consistent with the board's policies.

(3) The board may change its policies, thereby shifting the boundary between board and presidential domains. By doing so, the board changes the latitude of choice given to the president. However, so long as any particular delegation is in place, the board and its members will respect and support the president's choices. This does not prevent the board from obtaining information in the delegated areas, except individual client-identified data.

(4) No individual board member, officer, or committee has authority over the president. Information or assistance may be requested by individuals or groups, but if such a request in the president's judgment requires a material amount of staff time or funds or is disruptive, it may be refused, unless authorized by the board.

(B) President's job description

As the board's single official link to the operating organization, the president's performance will be considered to be synonymous with organizational performance as a total.

Consequently, the president's job contributions can be stated as performance in the following major areas:

(1) Organizational accomplishments of the provisions of board policies on strategic goals.

(2) Organization operation within the boundaries of prudence and ethics established in board policies on executive limitations.

(3) Compliance with the articles of the president's approved job description.

(4) Compliance with the stipulations as indicated in attachment 1.

Monitoring executive performance is synonymous with monitoring organizational performance against board policies on strategic goals (ends), executive limitations and compliance with the articles of the job description. Any evaluation of the president's performance, formal or informal, may be derived only from these monitoring data.

(1) The purpose of monitoring is simply to determine the degree to which board policies are being fulfilled. Information which does not do this will not be considered to be monitoring. Monitoring will be as automatic as possible, using a minimum of board time so that meetings can be used to create the future rather than to review the past.

(2) A given policy may be monitored in one or more of three ways:

(a) Internal report: disclosure of compliance information to the board from the president.

(b) External report: discovery of compliance information by a disinterested, external auditor, inspector or judge who is selected by and reports directly to the board. Such reports must assess executive performance only against policies of the board, not those of the external party unless the board has previously indicated that party's opinion to be the standard.

(c) Direct board inspection: discovery of compliance information by a board member, a committee, or the board as a whole. This is a board inspection of documents, activities, or circumstances directed by the board, which allows a "prudent person" test of policy compliance.

(3) Upon the choice of the board, any policy can be monitored by any method at any time. For regular monitoring, however, each strategic goals (ends) and executive limitations policy will be classified by the board according to frequency and method.

History

Effective: June 13, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-1-04 Executive limitations.

(A) General executive constraint

The president shall not allow any practice which is in violation of commonly accepted business and professional ethics nor in violation of any applicable state or federal law.

(B) Staff treatment

With respect to treatment of staff, the president may not cause or allow conditions which are unfair or undignified.

Accordingly, she or he may not:

(1) Operate without personnel procedures which clarify personnel rules for staff, provide for effective handling of grievance, and protect against wrongful conditions;

(2) Discriminate against any staff member for expressing an ethical dissent;

(3) Prevent staff from grieving to the board when a) internal grievance procedures have been exhausted, and b) the employee alleges that board and/or administrative policy has been violated to his or her detriment;

(4) Fail to acquaint staff with their rights and under this policy.

Budgeting any fiscal year shall not deviate materially from board strategic goals priorities nor risk fiscal jeopardy.

Accordingly, he or she may not cause or allow budgeting which:

(1) Contains too little information to enable accurate projection of revenues and expenses; does not separate capital and operational items; and does not disclose planning assumptions;

(2) Plans the expenditures within the operating budget in any fiscal year of more funds than resources can be conservatively projected for that period;

(3) Does not contain a board-approved allocation for board prerogatives during the year;

(4) Would force the college into fiscal watch status (Senate Bill 6) without board approval;

(5) Is not derived from long-term planning.

(D) Emergency executive succession

In order to protect the board from loss of presidential services, the president may not have fewer than two executives familiar with board and presidential processes.

The president shall submit a succession plan to the board in writing, which will indicate those individuals who will serve as the primary and secondary contacts in case of temporary absence or sudden loss of presidential services. Such succession plan shall be updated by the president as necessary.

(E) Asset protection

The president may not allow assets to be unprotected, inadequately maintained or unnecessarily risked. Accordingly, he or she may not:

(1) Fail to insure against theft and casualty losses to at least eighty per cent replacement value and against liability losses to board members, staff, or the organization itself in an amount comparable to similar community colleges;

(2) Allow un-bonded or uninsured personnel to handle funds;

(3) Subject maintenance schedules to go un-reviewed at least annually;

(4) Unnecessarily expose the organization, its board or staff to claims of liability;

(5) Invest or hold funds in investments in violation of Ohio law;

(6) Acquire, encumber or dispose of land and/or buildings without board approval;

(7) Purchase goods or services greater than fifty thousand dollars without obtaining at least three quotes or proposals unless the goods and services are single/sole sourced and documented as such;

(8) Allow multiple purchases from the same vendor greater than fifty thousand dollars for a single, related project or pre-identified phases of a project unless the scope of the project changes;

(9) Allow purchases over five thousand dollars without the signature and/or electronic approval of the president, except for book purchases and supplies made by the College's auxiliary bookstore operations;

(10) Allow fixed assets of five thousand dollars or state recommended threshold to remain un-capitalized;

(11) Enter into agreements for new construction and/or major renovations and improvements up to fifty thousand dollars without at least three quotes or proposals; or enter into agreements equal to or greater than two hundred thousand dollars per Ohio Revised Code without following the formal competitive bidding process as prescribed by the Ohio Revised Code;

(12) Enter into agreements for new construction and/or major renovations and improvements equal to or greater in aggregate than fifty thousand dollars without board approval.

(13) Enter into agreements for employment settlement claims greater than ten thousand dollars without board approval.

(F) Compensation, benefits, and other employment-related issues

With respect to employment, the president may not cause jeopardy to fiscal integrity. Accordingly, he or she may not:

(1) Change his or her own compensation and benefits;

(2) Promise or imply permanent or guaranteed employment;

(3) Establish current compensation and benefits which:

(a) Deviate materially from the geographic or professional market for the skills;

(b) Create obligations over a longer term than revenues can be safely projected, in no event longer than the board-approved collective bargaining contract;

(4) Establish deferred or long-term compensation and benefits which:

(a) Cause unfunded liabilities to occur or in any way commit the organization to benefits which incur unpredictable future costs;

(b) Provide less than some basic level of benefits to all full-time employees, though differential benefits to encourage longevity in key employees are not prohibited;

(5) Allow position descriptions to become out-of-date;

(6) Allow employees to go unevaluated on a routine basis.

(G) Communication and counsel to the board

The president may not permit the board to be uninformed. Accordingly, he or she may not:

(1) Let the board be unaware of relevant trends, anticipated adverse media coverage, information which might have political consequences;

(2) Fail to submit the required monitoring data in a timely, accurate and understandable fashion;

(3) Fail to marshal for the board a variety of staff and external points of view as needed for fully informed board choices.

History

Effective: June 13, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-1-05 Strategic goals.

(A) Raise the region's educational attainment in higher education.

(B) Serve as a catalyst for success in college.

(D) Provide dynamic training and learning opportunities for life and work in a global economy.

(E) Expand the college's resource base.

History

Effective: June 13, 2015
Promulgated Under: 111.15

Chapter 3358:16-101 Equal Opportunity; Non-Discrimination; Fair Labor; Leave

Ohio Adm.Code 3358:16-101-01 Equal education opportunity policy.

(A) Notice of non-discrimination

Terra state community college does not discriminate on the basis of race, color, religion, national origin, ethnicity, sex, age, gender identity, genetic information, gender expression, sexual orientation, marital status, disability, pregnancy, military status, or special disabled or Vietnam-era veteran status in provision of educational programs and services or employment opportunities and benefits pursuant to the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the American with Disabilities Act of 1990, the Age Discrimination Act of 1976, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112. of the Revised Code.

(B) Notice against discrimination

Terra state community college is committed to providing equal educational opportunity. Discrimination in any form will not be tolerated within the Terra state community college community. All members of the faculty, staff, administration, student body, volunteers, and visitors to the campus have the right to be pursue their careers or studies free from discrimination. The groups mentioned in this policy are expected to conduct themselves in a manner that does not infringe upon the rights of others. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy has dual purposes. It serves as a measure for the college to determine, after the fact, if behaviors have violated policy. It also provides general guidelines for the expectations the college has for non-discriminatory behavior. Separate policies have been developed to specifically address sexual and disability discrimination.

A person who believes they have been subject to discriminatory treatment is encouraged to report these offenses to the Title IX coordinator, a deputy coordinator, or to their direct supervisor. Any person who receives a complaint of discrimination, harassment or retaliation, is expected to report the incident promptly.

(D) Non-retaliation

Terra state community college strictly adheres to and enforces a non-retaliation policy. Retaliation against an individual who has reported discriminatory treatment and retaliation against individuals for cooperating with an investigation is unlawful and will not be tolerated by the college. Any person who violates this policy will be subject to discipline, up to and including termination if they are an employee, and or dismissal if they are a student.

(E) Process:

(1) Investigators

The following individual(s) have been appointed by the president to handle inquiries regarding this policy:

Mr. Heath Martin, associate dean of students and Title IX coordinator. Terra state community college, 2830 Napoleon road, Fremont, OH 43420. Office location: SAC. Phone: (419) 559-2350. Email: hmartin01@terra.edu

Ms. Nanci Kosanka, director of human resources and deputy Title IX coordinator. Terra state community college, 2830 Napoleon road, Fremont, OH 43420. Office location: B205. Phone: (419) 559-2465. Email: nkosanka@terra.edu

Mr. Jack Fatica, vice president for academic affairs and deputy Title IX coordinator Terra state community college, 2830 Napoleon road, Fremont, OH 43420. Office location: B209. Phone: (419) 559-2381. Email: jfatica@terra.edu.

(2) Definitions

(a) Complainant is the individual making an allegation of a violation of college policy.

(b) Respondent is the individual charged with an alleged violation of college policy.

(c) A person with a disability is any person who: (i) has a physical or mental impairment which substantially limits one or more of the such person's life activities; (ii) has a record of such impairment; (iii) is regarded as having such an impairment; or (iv) is otherwise deemed disabled under applicable federal or state law.

(d) Gender identity and gender expression is respectively to the gender one self-identifies as, and the gender one expresses oneself as.

(e) Genetic information is information about an individual's genetic tests and the genetic tests of an individual's family members, as well as, information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.

(f) Marital status is the legal status of being married, single, separated, divorced, or widowed. It does not include consideration of cohabitating relationships.

(g) Retaliation is any action, by any person, that is perceived as: intimidating, hostile, harassing, retributive, or violent that occurred in connection to the making and investigation of the report.

(h) Sexual orientation is a person's sexual identity in relation to the gender or genders of people to whom the person is physically and/or emotionally attracted.

(i) Veteran is a person who served at least one hundred eighty days in the active military, and who was discharged or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2). Active service includes full-time federal services in the national guard or a reserve component. The definition of "active service" does not include full-time duty performed strictly for training purposes (i.e., that which is referred to as "weekend" or "annual" training), nor does it include full-time active duty performed by national guard personnel who are mobilized by state rather than federal authorities.

(3) General grievance procedures

(a) Terra state community college encourages those who have experienced any form of discrimination or retaliation to report the incident as soon as possible to allow for the most effective investigation. All complaints of discrimination will be promptly investigated and appropriate action will be taken as expeditiously as possible.

(b) The college will make reasonable efforts to protect the rights of both the complainant and the respondent. The college will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witness(es) in a manner consistent with the college's legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations by required law.

(c) The college reserves the right to investigate and resolve a complaint or report of discrimination regardless of whether the complainant ultimately desires the college to pursue the complaint. In such cases, parties shall be informed of the status of the investigation at reasonable times until the college's final disposition of the investigation.

(d) Anonymous complaints will be accepted; however, Terra state community college's ability to obtain additional information may be compromised and the ability to investigate or resolve anonymous complaints may be limited.

(e) When a complaint is received, the college will take appropriate corrective action in an expeditious manner. Any investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstance(s). When meeting with the investigator, information will be provided about the policy on equal education opportunity and the complaint process.

(f) When the investigation is completed, the college will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of the investigation. If it determined that inappropriate conduct has occurred, the college will act promptly to eliminate the offending conduct and where it is appropriate, to impose disciplinary action through appropriate due process procedures.

(g) Intentionally making a false complaint or report of discrimination is a violation of this policy and constitutes misconduct subject to disciplinary action, and may also a crime.

(h) In addition to the listed options, if you believe you have been subjected to discrimination, you may file a formal complaint with any or all of the government agencies set forth as follows.

(i) The United States equal employment opportunity commission Detroit field office Patrick V. McNamara building, 477 Michigan avenue, Room 865, Detroit, MI 48226 1-800-669-4000

(ii) Ohio civil rights commission Toledo office 1 Government center, room 936, Toledo, OH 43604 (419)-245-2900

(iii) Department of education, office for civil rights Cleveland office 600 Superior avenue East, suite 750, Cleveland, OH 44114 (316)-522-4970

(4) Investigative procedure

(a) A complainant may initiate the investigative procedure by filing a complaint with the Title IX coordinator or a deputy coordinator describing the details of the alleged harassment or discrimination. Upon receipt of such a complaint, the Title IX coordinator or a deputy coordinator will promptly conduct an investigation to determine whether the complaint can be substantiated, and, if so, whether it can be effectively remediated or resolved by the coordinator or deputy coordinator. If necessary the coordinator or deputy coordinator will take appropriate temporary measures to address the complaint pending further investigation.

(b) An investigation may include any of the following: interviews of the parties involved, including witnesses, and the gathering of other relevant information. Both the respondent and complainant may present witnesses and other evidence.

(c) At any time during the investigation, the investigator may recommend that interim protections or remedies for the parties involved or witnesses be provided by appropriate college officials. These protections or remedies may include separating the parties, placing limitations on contact between parties, suspension, or making alternative workplace or student housing arrangements. Failure to comply with the terms of interim protections may be considered a separate violation.

(d) If the investigation determines the claim is likely to be substantiated, and if the respondent is a student, the formal process will utilize the student discipline committee, the hearing process outlined in article G of the student code of conduct.

(e) If the investigation determines the claim is likely to be substantiated, and the respondent is an employee, the corrective progressive action policy will apply.

(f) In most circumstances, the investigative process shall be completed within sixty days of the initial complaint.

(5) Confidentiality

(a) All college employees, excluding licensed professionals from the college counseling center, must report discrimination. Therefore, individuals who wish to discuss a situation in complete confidence should work with an individual from the counseling center. Because content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the college to address the alleged discrimination.

(b) All inquiries, complaints, and investigations are treated with discretion. Information is kept as confidential as law and college policy permit. However, the identity of the complainant is usually revealed to the person(s) accused of such conduct. Participants in an investigative process are asked to keep any information they have or may learn of as confidential as practicable.

(c) The college shall protect the privacy of individuals involved in a report of discrimination to the extent allowed by law and college policy. Confidentiality is an aspiration but is not always possible or appropriate. Confidentiality needs to be balanced with the legal obligation of the college to ensure a working and learning environment that is free from discrimination and the due process rights of the respondent to be informed of allegations and their source. Therefore, some level of disclosure may be necessary to ensure a complete and fair investigation.

(6) Special provisions

(a) Attempted violations - The college may treat attempts to commit any of the violations listed in this policy as if those attempts had been completed.

(b) The college as complainant As necessary, the college reserves the right to initiate a conduct complaint, to serve as the complainant, and to initiate conduct proceedings without a formal complaint by the alleged victim or complainant.

(c) Third party violations Discriminatory conduct by third parties, who are not themselves employees or students at the college (e.g., a visiting speaker or members of a visiting athletic team), may also be of a sufficiently serious nature to deny or limit a student's ability to participate in or benefit from the education program. As such, if the college knows or should know of the harassment, the college is responsible for taking prompt and effective action to eliminate the hostile environment and prevent its recurrence.

(i) The type of appropriate steps taken by the college will differ depending on the level of control the college has over the third party. For example, if athletes from a visiting team harass the home college's students, the home college may not be able to discipline the athletes. However, it could encourage the other school to take appropriate action to prevent further incidents or choose not to invite the other school back.

(ii) Third party visitors to campus may also be the subject of discrimination and are entitled to utilize the processes and procedures outlined in this policy.

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-02 Equal employment opportunity.

Terra state community college will fully comply with all federal, state, and local laws and regulations relating to equal employment opportunities.

Procedures:

(A) Responsibility for coordinating the development and internal and external communication of Terra state community college's equal employment opportunity policy statements and programs shall rest with the designated college administrators.

(B) Each Terra state community college administrator shall be responsible for assuring compliance with the college's equal employment opportunity policies and programs within his/her department or division by identifying and finding solutions to problem areas.

(C) All employees of Terra state community college shall be advised of the college's policy on equal employment opportunity through the policies and procedures manual, the president's statement on equal employment opportunity at Terra state community college, publication of the equal employment opportunity policy through college media, such as bulletins, public folders in outlook, catalogs, application forms, or forms used in connection with the recruitment of employees.

(D) External members of the community shall be informed of the college's equal employment opportunity policy through college publications, and by distribution of information to news media, secondary schools, colleges and other recruiting sources.

(E) All employment decisions at Terra state community college will be based on merit, qualifications, and abilities. The college shall recruit, hire, and promote employees without regard to race, color, religion, national origin, ethnicity, sex, age, gender identity, genetic information, gender expression, sexual orientation, marital status, disability, pregnancy, military status, or special disabled or Vietnam-era veteran status.

(F) The college will insure that employment decisions shall be in accordance with principles of equal employment opportunity.

(G) The college will insure that personnel actions, such as terms of employment, compensation, benefits, transfers, layoffs, return from layoff, college sponsored training, and social and recreational programs will be administered without regard to race, color, religion, national origin, ethnicity, sex, age, gender identity, genetic information, gender expression, sexual orientation, marital status, disability, pregnancy, military status, or special disabled or Vietnam-era veteran status.

(H) The college will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training

(I) The purpose of the college's equal employment opportunity policy is to produce an appropriate representation of the various minority groups at all levels of employment.

(1) Applicants for employment will be selected in accordance with the needs of Terra state community college and previous qualifications as stated on the position announcement.

(2) Review of qualifications of all applicants shall insure that minorities and women are given full and equal opportunity for transfer of promotion.

(3) Screening procedures such as interviewing and/or testing shall be consistent with applicable laws and good personnel practices.

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-03 Equal employment opportunities for individuals with a disability and disability discrimination policy.

(A) Notice of non-discrimination

(B) Notice against disability discrimination

Terra state community college is committed to providing equal employment opportunities for qualified individuals with disabilities and endorses the principles of non-discrimination and reasonable accommodation as described in Section 504 of the Rehabilitation Act of 1972 and Title II of the American with Disabilities Act of 1990. The college will not discriminate against any employee or applicant for employment because of a known disability in regard to any position for which the employee or applicant is qualified. Positive steps will be taken to employ, advance in employment, and otherwise treat known qualified individuals without discrimination based upon their disability in all employment practices, including but not limited to the following: application, testing, hiring, work assignments, evaluation, promotion, transfer, disciplinary actions, recruitment or recruitment advertising, layoff/recall, termination or demotion, rates of pay or other forms of compensation. The college will provide, upon request, reasonable accommodation to known employees with qualified disabilities, if that is needed to enable them to perform the essential functions of their job provided that it does not pose an undue hardship. Additionally, the policy serves as a measure for the college to determine, after the fact, if behaviors have violated policy and provides general guidelines for the expectations the college has for non-discriminatory behavior.

An employee who wishes to appeal an accommodation request that has been denied or who believes they have been subject to discriminatory treatment is encouraged to report these offenses to the section 504 coordinator. Any person who receives a complaint of disability discrimination, harassment or retaliation, is expected to report the incident promptly.

(D) Non-retaliation

(E) Process:

(1) Investigator

The following individual has been appointed by the president to handle inquiries regarding this policy:

Mr. Heath Martin, associate dean of students and section 504 coordinator Terra state community college 2830 Napoleon road Fremont, OH 43420 office location: SAC phone: (419) 559-2350 email: hmartin01@terra.edu

(2) Definitions

(a) "Complainant" is the individual making an allegation of a violation of college policy.

(b) "Respondent" is the individual charged with an alleged violation of college policy.

(c) "A person with a disability" is any person who: (i) has a physical or mental impairment which substantially limits one or more of the such person's life activities; (ii) has a record of such impairment; (iii) is regarded as having such an impairment; or (iv) is otherwise deemed disabled under applicable federal or state law.

(d) "Examples of disabilities" are physical, psychological, mental, neurologic, and learning. Certain cosmetic disfigurements and serious contagious and non-contagious diseases including, but not limited to, AIDS, AIDS-related complex, epilepsy, and tuberculosis can be classified as a disability.

(e) "Reasonable accomodations" is any change in the work environment or in the way things are usually done which results in equal employment opportunity for all individuals with a disability. The college will make reasonable accommodations to the known physical or mental limitations to a qualified employee with a disability, unless the accommodation would cause an undue hardship on the institution.

(f) "Retaliation" is any action, by any person, that is perceived as: intimidating, hostile, harassing, retributive, or violent that occurred in connection to the making and investigation of the report.

(g) "Qualified individual" is a person with a disability who meets the skill, experience, education, and other job-related requirements and who, with or without reasonable accommodation, can perform the essential functions of the job.

(3) Accommodation requests

(a) An employee must disclose their claim of disability and request for accommodations to the director of human resources through a formal consultation. While an employee is free to disclose his or her condition and request to their direct supervisor, and supervisors are encouraged to refer such disclosures to the director, an employee must not rely on disclosures to persons other than the director.

(b) At the initial consultation, employees should provide current and valid documentation of the claimed disability. The documentation must specify the nature of the disability, how the disability affects the employees work environment, and recommendations for accommodations. Examples of current and valid documentation include, but are not limited to: written assessment completed by a licensed or certified professional qualified to evaluate the disability or a written evaluation based on assessment reports from the employee's most recent secondary or post-secondary school.

(4) Review and determination of request

(a) The director of human resources will review all documentation, the employee's prior disability-related services and other pertinent information to determine appropriate accommodation. The director may also consult confidentially with the person(s) assessing the employee's disability and those college officials who the director deems necessary.

(b) If the director finds the employee eligible for accommodations, the director will discuss their findings with the employee during a formal consultation.

(c) If the director finds the employee ineligible for accommodations, or if a requested accommodation is denied the employee will be notified through a formal consultation. The employee may then choose to appeal the director's decision.

(5) Accommodation appeal procedures

(a) If an employee's request for an accommodation is denied by the director of human resources, the employee is afforded the right to appeal.

(b) An employee must submit an accommodations appeal form to the associate dean of students/section 504 coordinator within five business days of the denial.

(c) The associate dean of students/section 504 coordinator will respond to the appeal within five business days with a decision.

(6) General grievance procedures

(a) Terra state community college encourages those who have experienced any form of disability discrimination, harassment or retaliation should report the incident as soon as possible after the incident(s) in order to be most effectively investigated. All reports and complaints of discrimination will be promptly investigated and appropriate action will be taken as expeditiously as possible.

(g) Intentionally making a false complaint or report of discrimination is a violation of this policy, and constitutes misconduct subject to disciplinary action, and may also be a crime.

(h) h. In addition to the listed options, if you believe you have been subjected to discrimination, you may file a formal complaint with any or all of the government agencies set forth below. Using the college's complaint process does not prohibit you from filing a complaint with these agencies.

(i) The United States equal employment opportunity commission Detroit field office Patrick V. McNamara building, 477 Michigan avenue, room 865, Detroit, MI 48226 1-800-669-4000

(ii) Ohio civil rights commission Toledo office 1 Government center, room 936, Toledo, OH 43604 (419)-245-2900

(iii) Department of education, office for civil rights Cleveland office 600 Superior avenue east, suite 750, Cleveland, OH 44114 (316)-522-4970

(7) Investigative procedure

(a) A complainant may initiate the investigative procedure by filing a complaint with the section 504 coordinator describing the details of the alleged harassment or discrimination. Upon receipt of such a complaint, the section 504 coordinator will promptly conduct an investigation to determine whether the complaint can be substantiated, and, if so, whether it can be effectively remediated or resolved by the coordinator. If necessary, the coordinator will take appropriate temporary measures to address the complaint pending further investigation.

(e) If the investigation determines the claim is likely to be substantiated, and the respondent is an employee, the corrective action policy will apply.

(f) In most circumstances, the investigative process shall be completed within sixty days of the initial written complaint.

(8) Confidentiality

(a) All college employees, excluding licensed professionals from the college counseling center, must report discrimination. Therefore, individuals who wish to discuss a situation in complete should work with an individual from the counseling center. Because the content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the college to address the alleged discrimination.

(b) All inquiries, complaints, and investigations are treated with discretion. Information is kept confidential as law and college policy permit. However, the identity of the complainant is usually revealed to the person(s) accused of such conduct. Participants in the investigative process are asked to keep any information they have or may learn as confidential as practicable.

(9) Special provisions

(a) Attempted violations - The college may treat attempts to commit any of the violations listed in this policy as if those attempts had been completed.

(ii) Third party visitors to campus may also be the subject of discrimination and are entitled to utilize the processes and procedures outlined in this policy.

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-04 Fair labor standards and wage payment act policy.

It is the policy of Terra state community 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. Terra state community college will not make pay deductions that violate either the federal or state laws.

Procedure:

Any employee who believes that Terra state community 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 vice president of finance and administration. Within fifteen business days of receiving the complaint, the vice president of finance and administration 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: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-05 Family and medical leave.

In order to comply with the Family and Medical Leave Act of 1993 (FMLA), Terra hereby establishes its family and medical leave policy.

(A) Eligibility: In order to qualify under this policy, the employee must meet both of the following conditions:

(1) The employee must have been employed by Terra for at least twelve months or fifty-two weeks prior to the leave request. The twelve months, or fifty-two weeks, need not be consecutive.

(2) The employee must have worked at least one thousand two hundred fifty hours during the twelve-month period immediately before the date when the leave would begin.

(B) Type of leave covered: Terra will grant an eligible employee up to twelve weeks of family and medical leave during each twelve-month period measured forward from the first date an employee uses FMLA leave, in accordance with the FMLA, if the procedures in this policy are followed and leave is requested for any of the following reasons:

(1) The birth of a son or daughter of an employee and in order to care for that child. Eligibility for this leave expires twelve months after the birth and applies equally to both men and women;

(2) The placement of a son or a daughter with an employee for adoption or foster care. Eligibility for this leave expires twelve months after the child is placed with the employee;

(3) To care for a spouse, son, daughter, or parent of an employee if the family member has a serious health condition; or,

(4) The employee's own serious health condition that renders the employee unable to perform the functions of the employee's position.

(C) Serious health condition: The employee may take leave because of a serious health condition that makes him/her unable to perform the functions of his/her position. A serious health condition includes any of the following:

(1) Hospital care: inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

(2) Absence plus treatment

(a) A period of incapacity of more than five consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves:

(b) Treatment two or more times by a health care provider, by a nurse or physician's assistance under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider; or

(c) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

(3) Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care.

(4) Chronic conditions requiring treatments

A chronic condition which:

(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

(b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and

(5) Permanent/long-term conditions requiring supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under continuing supervision of, but need not be receiving treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

(6) Multiple treatments (non-chronic conditions)

Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery due to an accident or other injury, or for a condition that would likely result in a period of incapacity of more than five consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severer arthritis (physical therapy), kidney disease (dialysis).

Procedures:

(a) Terra requires the employee to provide a doctor's certification of a serious health condition after the employee misses five consecutive working days. If the employee has questions about what illnesses may be covered under FMLA, please contact the human resources office.

(b) If the employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests leave as provided by this policy, Terra will designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

(D) Benefits while on leave: While on leave under FMLA, Terra will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than the continuation, recurrence or onset of a serious health condition which would entitle the employee to leave or other circumstances beyond the employee's control, Terra will require the employee to reimburse the college for the amount it has paid for the employee's health insurance premium during the leave period.

(E) Status after leave: If the employee takes leave under FMLA, the employee will be able to return to the same job or an equivalent job.

(F) Use of paid and unpaid leave: If the employee is taking leave because of the employee's own serious health condition, and the employee has accrued sick leave available, the employee must use accrued sick leave and then exhaust any accrued vacation prior to taking unpaid leave. If the employee is taking leave for adoption or foster care of a child and the employee has accrued vacation available, the employee must use accrued vacation leave prior to taking unpaid leave.

If the employee is taking leave to care for a family member with a serious health condition and the employee has accrued sick leave available, the employee must use accrued sick leave and then exhaust any accrued vacation prior to taking unpaid leave.

(G) Leave under this policy shall be for a maximum of twelve weeks.

(H) Intermittent leave or a reduced work schedule: For a personal illness or to care for a sick family member the employee need not take such leave continuously. The employee may take it on an intermittent basis or by reducing the employee's scheduled work hours if the employee provides certification from the health care provider that the leave must be taken in that manner. Terra may temporarily transfer the employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent leave or reduced leave schedule. Request for intermittent leave or reduced leave schedule after the birth, adoption, or foster care placement of a child will not be considered.

(I) Certification of serious health condition: The college requires certification of a serious health condition by a health care provider to support a request for leave. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification will result in a denial of leave and may result in the loss of any and all protection under the FMLA.

Terra has a right to ask for a second opinion if it has reason to doubt the certification. Terra will pay for the employee to get a certification from a second doctor, whom the college will select. If necessary to resolve a conflict between the original certification and the second opinion, Terra will require the opinion of a third doctor. Terra and the employee will jointly select a third doctor, and Terra will pay for the opinion. This third opinion will be considered final.

(J) Procedure for requesting leave: Except when leave is not foreseeable, the employee must submit a "Family and Medical Leave Request Form" to the employee's immediate supervisor and the human resources office thirty days prior to the start of requested leave. (If the employee is undergoing planned medical treatment, the employee must make a reasonable effort to schedule the treatment to minimize disruptions to the college's operations.) If it is not possible to give thirty days notice, the employee must give as much notice as practical. If the employee fails to provide thirty days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least thirty days from the date the college receives notice. While on leave, the employee must report periodically to the human resources office regarding the status of the medical condition and the employee's intent to return to work.

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-06 Statement of non-discrimination.

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3358:16-101-07 Sexual discrimination, sexual harassment, and sexual misconduct policy.

(A) Notice of non-discrimination

Terra state community college does not discriminate on the basis of race, color, religion, national origin, ethnicity, age, sex, gender identity, genetic information, gender expression, sexual orientation, marital status, disability, pregnancy, military status, or special disabled or Vietnam-era veteran status in provision of educational programs and services or employment opportunities and benefits pursuant to the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the American with Disabilities Act of 1990, the Age Discrimination Act of 1976, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112. of the Revised Code.

(B) Notice of non-sex discrimination

Sex discrimination violates an individual's fundamental rights and personal dignity. Terra state considers sex discrimination, to include, but not be limited to: sexual harassment, sexual assault, gender-based harassment, intimate partner violence, and stalking by employees, students, or third parties. To ensure compliance with Title IX and other federal and state civil rights laws, the college has developed policies and procedures that prohibit sex discrimination.

Sexual misconduct in any form will not be tolerated within the Terra state community college community. All members of the faculty, staff, administration, student body, volunteers, and visitors to campus have the right to be free from discrimination on the basis of sex. All members of the above mentioned groups are expected to conduct themselves in a manner that does not infringe upon the rights of others. Terra state community college's sexual misconduct policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy has dual purposes. It serves as a measure for the college to determine, after the fact, if behaviors have violated policy. It also provides general guidelines for the expectations the college has for sexual communication, sexual responsibility, and sexual respect.

(D) Filing a complaint:

Individuals who have experienced sex discrimination are encouraged to report these offenses to campus safety, to the Title IX coordinator or deputy coordinators, or to their direct supervisor. Individuals who wish to make a complaint do not have to provide a statement to campus safety. Any person who receives a complaint of sexual discrimination, harassment or retaliation, is expected to report the incident promptly.

(E) Non-retaliation

Terra state community college strictly adheres to and enforces a non-retaliation policy. Retaliation against an individual who has complained about sexual discrimination, harassment and/or misconduct and retaliation against individuals for cooperating with an investigation of a sexual discrimination and/or harassment complaint is unlawful and will not be tolerated by the college. Any person who violates this policy will be subject to discipline, up to and including termination if they are an employee, and/or dismissal if they are a student.

(F) Process:

(1) Title IX coordinator and deputy coordinator(s)

The following individual(s) have been appointed by the president to handle inquiries regarding this policy:

Mr. Heath Martin, associate dean of students and Title IX coordinator Terra state community college 2830 Napoleon road Fremont, OH 43420 office location: SAC phone: (419) 559-2350 email: hmartin01@terra.edu

Ms. Nanci Kosanka, director of human resources and deputy Title IX coordinator Terra state community college 2830 Napoleon road Fremont, OH 43420 office location: B205 phone: (419) 559-2465 email: nkosanka@terra.edu

Mr. Jack Fatica, vice president for academic affairs and deputy Title IX coordinator Terra state community college 2830 Napoleon road Fremont, OH 43420 office location: B209 phone: (419) 559-2381 email: jfatica@terra.edu.

Campus safety Terra state community college 2830 Napoleon road Fremont, OH 43420 office location: B107 phone: (419) 559-2253

(2) Definitions

(a) "Complainant" is the individual making an allegation of a violation of college policy.

(b) "Respondent" is the individual charged with an alleged violation of college policy.

(c) "Sexual discrimination" is behaviors or actions that deny or limit a person's ability to benefit from, and/or fully participate in the educational programs, activities or employment opportunities because of a person's sex. Examples of sex discrimination under Title IX include but are not limited to:

(i) Sexual harassment;

(ii) Failure to provide equal opportunity in education, programs, and co-curricular programs including athletics;

(iii) Discrimination based on pregnancy; or

(iv) Employment decisions.

(d) "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature that is unwelcome and which, because of the severity and/or persistence of the conduct, interferes significantly with an individual's or a group's work or education, or adversely affect an individual or group's living conditions. All sexual misconduct is a form of sexual harassment.

Sexual harassment may include quid pro quo and/or an abusive or hostile environment which interferes with the ability to function as a full participant in the Terra state community college community.

(i) Sexual harassment by quid pro quo

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or academic status; or

(b) Submission to or rejection of such conduct by a person is used as the basis for employment or academic decisions affecting such person.

(ii) Sexual harassment by hostile environment

(a) Such conduct has the purpose or effect of unreasonably interfering with a person's work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.

(b) The determination of whether an environment is "hostile" is often contextual and must be based on the circumstances. These circumstances could include:

(i) The frequency of the conduct;

(ii) The nature and severity of the conduct;

(iii) Relationship between alleged harasser and subject of the alleged harassment;

(iv) Location and context in which the alleged conduct occurs;

(v) Whether the conduct was physically threatening;

(vi) Whether the conduct was humiliating; or

(vii) Whether the conduct arose in the context of other discriminatory conduct.

(iii) Examples of sexual harassment include, but are not limited to:

(a) Requesting sexual favors that may be subtle or overt but particularly when the requests are suspected to be linked to career advancement or academic rewards.

(b) Committing physical assault of a sexual nature, for instance, inappropriate touching or rape.

(d) Name calling, teasing, or making other derogatory or dehumanizing remarks involving sex, gender, or sexual orientation.

(e) "Sexual misconduct" is a broad term and refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual misconduct including sexual violence and sexual exploitation. All such acts of sexual misconduct are forms of sexual harassment covered under Title IX.

(f) "Sexual violence" is any unwanted or non-consensual sexual act. Sexual violence can be committed by acquaintances, casual or long-term partners, spouses, or strangers. The use of alcohol, by either party, in conjunction with an incident of sexual violence, does not mitigate responsibility or diminish the seriousness of the offense. Sexual violence can take the following forms: non-consensual sexual contact, non-consensual sexual intercourse and/or non-consensual intimate touching.

(g) "Non-consensual sexual contact" includes the intentional touching, manipulation or fondling of the victim by the perpetrator, or when the victim is forced to touch directly or through clothing another person's groin, genitals, breasts, thighs or buttocks, or when a person is compelled to touch the above named parts of their own bodies for the sexual gratification of another, against another person's consent or after such other person has withdrawn their consent.

(h) "Non-consensual sexual intercourse" involves any form of sexual intercourse with a person, without his or her consent or after consent is withdrawn. This includes non-consensual anal, oral or vaginal penetration, whether by a finger, tongue, penis, or an inanimate object, as well as compelling an unwilling person to perform any of the above named acts.

(i) "Non-consensual intimate touching" involves one person engaging in the intimate touching or another person, against such other person's consent, or after such other person has withdrawn their consent, except that such intimate touching does not include oral, anal or vaginal penetration or the fondling or manipulation thereof. This includes non-consensual kissing, or stroking, or fondling of a non-sexual body part, in an intimate way.

(j) "Sexual exploitation" involves activity of a sexual nature which results in the nonconsensual exploitation of one person by another for his or her own benefit or advantage or to benefit or advantage anyone other than the one being exploited.

Examples of sexual harassment include but are not limited to:

(i) Prostituting another person;

(ii) Video- or audio-recording (by any electronic means) of sexual activity without permission;

(iii) Voyeurism;

(iv) Public indecency (such as exposing your genitals to others without consent);

(v) Knowingly exposing another person to a sexually transmitted infection ("STI") or Human Immunodeficiency Virus ("HIV") without prior knowledge and consent of the person to be exposed to STI or HIV; or

(vi) Contact-free coercion causing a person to completely or partially disrobe.

(k) "Effective consent" is informed, knowing, and voluntary. Effective consent is mutually understandable words or actions which indicate willingness to participate in mutually agreed-upon sexual activity. Effective consent may never be given by minors, mentally disabled persons, those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware or otherwise physically helpless. Consent obtained as a result of physical force, threats, intimidating behavior, duress or coercion is not effective consent. A person who knows or should reasonably have known that another person is incapacitated may not engage in sexual activity with that person. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.

Additional clarifying notes for effective consent:

(i) Consent is mutually understandable when a person would consider the words and/or actions of the parties to have expressed a mutually understandable agreement between them to do the same things, in the same way, at the same time, with one another.

(ii) Consent is active, not passive.

(iii) In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he/she has the consent from his/her partner.

(iv) Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

(v) The person who is the object of sexual advances is not required to physically or otherwise resist.

(vi) Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent.

(vii) Intentional use of alcohol or other drugs does not excuse a violation of the sexual misconduct policy.

(l) "Retaliation" is any action by any person that is perceived as: intimidating, hostile, harassing, retributive or violent that occurred in connection to the making and investigation of the report.

(3) General grievance procedure

(a) Terra state community college encourages those who have experienced any form of sex discrimination to report the incident promptly, to seek all available assistance, and to pursue college conduct charges and criminal prosecution of the offender. The college takes complaints very seriously and will work with complainants to ensure their safety and to remedy the situation.

(b) All incidents of sexual discrimination and harassment, including sexual misconduct retaliation, should be reported and this should occur as soon as possible after the incident(s) in order to be most effectively investigated. All reports and complaints of discrimination and harassment will be promptly investigated and appropriate action will be taken as expeditiously as possible.

(c) The college will make reasonable efforts to protect the rights of both the complainant and the respondent. The college will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witness(es) in a manner consistent with the college's legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations by required law.

(d) The college reserves the right to investigate and resolve a complaint or report of discrimination and/or harassment regardless of whether the complainant ultimately desires the college to pursue the complaint. In such cases, parties shall be informed of the status of the investigation at reasonable times until the college's final disposition of the investigation.

(e) Anonymous complaints will be accepted; however, Terra state community college's ability to obtain additional information may be compromised and the ability to investigate or resolve anonymous complaints may be limited.

(f) When a complaint is received, the college will take appropriate corrective action in an expeditious manner. Any investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. When meeting with the Title IX coordinator or deputy coordinator information will be provided about the policy on sexual discrimination, harassment and/or misconduct and the complaint process.

(g) When the investigation is completed, the college will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of the investigation. If it determined that inappropriate conduct has occurred, the college will act promptly to eliminate the offending conduct and where it is appropriate, to impose disciplinary action through appropriate due process procedures.

(h) Intentionally making a false complaint or report of harassment or discrimination is a violation of this policy and constitutes misconduct subject to disciplinary action, and may also be a crime.

(i) In addition to the above options, if you believe you have been subjected to sexual harassment, you may file a formal complaint with any or all of the government agencies set forth below. Using the college's complaint process does not prohibit you from filing a complaint with these agencies.

(i) The United States equal employment opportunity commission Detroit field office Patrick V. McNamara building, 477 Michigan avenue, room 865, Detroit, MI 48226 1-800-669-4000

(ii) Ohio civil right commission Toledo office 1 Government center, room 936, Toledo, OH 43604 (419)-245-2900

(iii) Department of education, office for civil rights Cleveland office 600 Superior avenue east, suite 750, Cleveland, OH 44114 (316)-522-4970

(4) Investigative procedure

(a) A complainant may initiate the investigative procedure by filing a complainant with the Title IX coordinator or a deputy coordinator describing the details of the alleged harassment or discrimination. Upon receipt of such a complaint, the Title IX coordinator or a deputy coordinator will promptly conduct an investigation to determine whether the complaint can be substantiated, and, if so, whether it can be effectively remediated or resolved by the coordinator or deputy coordinator. If necessary the coordinator or deputy coordinator will take appropriate temporary measures to address the complaint pending further investigation.

(e) If evidence shows the complaint is likely to be substantiated, and the respondent is an employee, the corrective progressive action policy will apply.

(f) In most circumstances, the investigative process shall be completed within sixty days of the initial complaint.

(5) Law enforcement

(a) Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this policy, criminal investigations or reports are not determinative of whether sexual misconduct, for the purposes of this policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute.

(b) The filing of a complaint of sexual misconduct under this policy is independent of any criminal investigation or proceeding, and the college will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation, to take interim measures to protect the complainant and the college community, if necessary, and to implement disciplinary proceedings without regard to the pending of any criminal proceedings.

(6) Confidentiality

(a) All college employees, excluding licensed professionals from the college counseling center, must report discrimination, harassment or sexual misconduct. Therefore, individuals who wish to discuss a situation in confidence should work with an individual from the counseling center. Because the content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the college to address the alleged discrimination, harassment, or sexual misconduct.

(b) All inquiries, complaints, and investigations are treated with discretion. Information is kept as confidential as law and college policy permit. However, the identity of the complainant is usually revealed to the person(s) accused of such conduct. Participants in the investigative process are asked to keep any information they have or may have confidential as practicable.

(c) The college shall protect the privacy of individuals involved in a report of discrimination of sexual misconduct to the extent allowed by state and federal law and college policy. Confidentiality is an aspiration but is not always possible or appropriate. Confidentiality needs to be balanced with the legal obligation of the college to ensure a working and learning environment that is free from discrimination and the due process rights of the respondent to be informed of allegations and their source. Therefore, some level of disclosure may be necessary to ensure a complete and fair investigation.

(7) Special provisions

(a) Attempted violations - The college may treat attempts to commit any of the violations listed in this policy as if those attempts had been completed.

(b) The college as complainant As necessary, the college reserves the right to initiate a conduct compliant, to serve as the complainant, and to initiate conduct proceedings without a formal complaint by the alleged victim or complainant.

(c) Third party violations Sexually harassing conduct by third parties, who are not themselves employees or students at the college (e.g., a visiting speaker or members of a visiting athletic team), may also be of a sufficiently serious nature to deny or limit a student's ability to participate in or benefit from the education program. As such, if the college knows or should know of the harassment, the college is responsible for taking prompt and effective action to eliminate the hostile environment and prevent its recurrence.

(ii) Third party visitors to campus may also be the subject of sexual harassment and are entitled to utilize the processes and procedures outlined in this policy.

(8) Federal reporting obligations

(a) The office of the Title IX compliance coordinator is responsible for maintaining records relating to discrimination, harassment, or sexual misconduct reports, investigations and resolutions. Records shall be maintained in accordance with college records policies. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from legal counsel.

(b) Federal statistical reporting obligations Campus security officials have a duty to report violations of this policy for federal statistical reporting purposes. All personally identifiable information is kept private, but statistical information must be passed along to campus law enforcement, regarding the type of incident and its general location, for publication in the annual campus security report. This report helps to provide the community with a clear picture of the extent and nature of campus crime and to ensure greater community safety.

(c) Federal timely warning reporting obligations Victims of sex discrimination should also be aware that college administrators must issue timely warnings for certain types of incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community under federal Clery law. The college will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

(9) Support services

(a) Seek medical attention A physical exam is recommended in all cases of sexual assault, regardless of the length of time that has elapsed since the violence. Medically related concerns may include pregnancy, sexually transmitted infections (including HIV) and physical injuries. If the violence occurred within the past one hundred twenty hours, a survivor has the option of having an evidence collection exam. Consider seeking medical attention for any physical abuse experienced.

Fremont memorial hospital 715 south Taft avenue Fremont, OH 43420 330-334-6621

(b) YWCA H.O.P.E. center, 1018 Jefferson ave, Toledo, OH 43624 If you, a family member or friend are a survivor of sexual assault, free, confidential help is available by calling the twenty-four hours/seven days a week at 419-241-3235 or toll free at 866-557-7272. Services offered:

(i) Information and referrals

(ii) Sexual assault examination ("rape kit")

(iii) Support groups

(iv) Self-defense classes

(v) Crisis intervention hotline

(vi) Prevention education

History

Effective: May 3, 2015
Promulgated Under: 111.15

Chapter 3358:16-201 Veterans

Ohio Adm.Code 3358:16-201-01 Valuing our veterans.

The college shall establish a policy to support the success of veterans and service members.

Background:

Division (B) of section 3345.421 of the Revised Code is designed to assure Ohio's colleges and universities support the success of veterans and service members. As components of the bill it requires institutions to designate at least one person employed by the institution to serve as the contact person for veterans and service member affairs; allow for the establishment of a student-led group on campus for student service members and veterans; integrate and enhance career services for service members and veterans; survey student service members and veterans to identify their needs and challenges; establish an appeals procedure for students who are veterans or service members for resolving disputes regarding the awarding of college credit for military experience; provide veterans and service members with priority for course registration; and ensure a student who is a veteran or a service member is not charged any fee for the evaluation of, transcription of, or application for college credit for military experience.

This procedure will continue to reinforce Terra's enduring commitment to veterans and service members, as shown by the completion of the veterans service center, its membership in the servicemembers opportunity colleges, and its support of Ohio's GI promise.

Valuing our veterans policy procedure

Terra state community college seeks to assist service members and veterans as they pursue degrees and/or certificates. The purpose of this procedure is to set forth the support and assistance Terra state community college will provide to service members and veterans.

(A) Use standardized definitions for "service member" and "veteran"

(1) "Service member" means any person who is serving in the armed forces of the United States of America.

(2) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state or a reserve component of the armed forces, and who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(B) Create "safe zones" for service members and veterans

(1) Maintain the Terra state veterans' center, established November 2012, as a service member and veteran student services office

(2) Provide a GEN1000 first-year seminar course every term specifically for service members and veterans

(3) Work with the Ohio board of regents (OBR) to develop a veteran-friendly campus that increases the opportunity for service members and veterans to succeed academically

(4) Recognize the service of service members and veterans at various events such as graduation, community service awards, honors awards, and an appreciation day

(5) Empower those working directly with service members and veterans to provide services designed to promote educational achievement

(6) Allow for the establishment of a student-led group on campus for student service members and veterans, and encourage other service member- and veteran-friendly organizations

(C) Refer service members and veterans to proper local, state and/or federal agencies in the event Terra state community college believes that the service member or veteran is eligible for services

(1) Work with other Ohio institutions of higher education to disseminate and share promising practices for serving service members and veterans effectively

(2) Promote veteran-friendly campuses by utilizing the OBR's structure to disseminate and share promising practices statewide for serving service members and veterans effectively

(3) Continue to work with the legislature, workforce, and higher education community to identify and develop statewide policies to ensure the transition to higher education is seamless for all students, including service members and veterans. (This may include, but is not limited to, issues such as transfer, credit for prior learning and/or experience, career ladders, support services, etc.)

(4) Develop a clear outreach strategy to communicate with eligible persons about educational and training benefits to encourage the use of GI Bill benefits, as well as services and assistance offered by the institution

(5) Ensure the campus community is aware of benefits associated with the new post 9/11 GI bill and through our campus veterans' office and veteran coordinator(s) to actively find ways to connect returning service members and veterans with the services offered by the U.S. department of veterans affairs

(6) Provide training, in partnership with U.S. department of veterans affairs, in the proper certification methods for certifying officials on each campus

(D) Maintain access and success for service members and veterans in postsecondary education and training, while improving transition to civilian work

(1) Provide a student who is either a veteran or a service member with priority for course registration

(2) Provide an appeals procedure for students who are veterans or service members for resolving disputes regarding the awarding of college credit for military experience

(3) Ensure that appropriate equivalent credit is awarded for military training, experience, and coursework that meet the standards developed by the chancellor. The college shall not charge a student who is a veteran or a service member any fee for the evaluation of, transcription of, or application for college credit for military experience

(4) Encourage use of an online tool for exploring careers, searching programs in Ohio, and providing consumer reporting information on earnings and employment outcomes for each program. This website should include special information targeted to service members and veterans regarding shortening the time to receive a credential or degree through:

(a) Expanding credit for prior learning

(b) Articulation and transfer agreements

(d) Applied baccalaureate degrees

(e) Online tools

(5) Integrate existing career services to create and encourage meaningful collaborative relationships between student service members and veterans and alumni of the institution, which links student service members and veterans with prospective employers, and that provides student service members and veterans with social opportunities; and encourages the responsible office to seek and promote partnership opportunities for internships and employment of student service members and veterans with state, local, national, and international employers.

(E) Assure quality services

(1) Regularly evaluate institutional policies and procedures that create barriers to service member and veteran success

(2) Train appropriate faculty and staff to increase awareness of the mindset and unique needs of service members and veterans returning from deployment

(3) Survey student service members and veterans to identify their needs and challenges and make the survey available to faculty and staff at the state institution of higher education. Annually conduct follow-up surveys to gauge the institution's progress toward meeting identified needs and challenges.

Contacts (subject to change without resubmittal of procedure)

The following individual(s) have been appointed by the president to handle inquiries regarding this procedure:

Joyce Spencer, Student Success Mentor-Veteran Students	Eric Steinberger, Registrar
Certifying Official	HB488 Designated Contact Person
Office Location: A100	Office Location: A200
Phone: (419) 559-2348	Phone: (419) 559-2228
Email: jspencer@terra.edu	Email: esteinberger@terra.edu

Updated: 10/02/2014

Next Review: 06/30/2015

History

Effective: May 3, 2015
Promulgated Under: 111.15

Ohio Administrative Code 3358:16 — State Community Colleges | Terra Community College

Chapter 3358:16-1 Board of Trustees

Ohio Adm.Code 3358:16-1-01 Governance policy.

Ohio Adm.Code 3358:16-1-02 Conflict of interest.

Ohio Adm.Code 3358:16-1-03 Board-president relationship.

Ohio Adm.Code 3358:16-1-04 Executive limitations.

Ohio Adm.Code 3358:16-1-05 Strategic goals.

Chapter 3358:16-101 Equal Opportunity; Non-Discrimination; Fair Labor; Leave

Ohio Adm.Code 3358:16-101-01 Equal education opportunity policy.

Ohio Adm.Code 3358:16-101-02 Equal employment opportunity.

Ohio Adm.Code 3358:16-101-03 Equal employment opportunities for individuals with a disability and disability discrimination policy.

Ohio Adm.Code 3358:16-101-04 Fair labor standards and wage payment act policy.

Ohio Adm.Code 3358:16-101-05 Family and medical leave.

Ohio Adm.Code 3358:16-101-06 Statement of non-discrimination.

Ohio Adm.Code 3358:16-101-07 Sexual discrimination, sexual harassment, and sexual misconduct policy.

Chapter 3358:16-201 Veterans

Ohio Adm.Code 3358:16-201-01 Valuing our veterans.

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