B5.1 Statement of Ethics for Faculty, Exempt and Nonexempt Staff: It is the policy of Del Mar College to apply the highest ethical standards to all members of the College community, including the Board of Regents, administration, staff, and faculty, in achieving its mission and in managing its resources efficiently and effectively to reach its goals and objectives.
B5.1.2 Acceptance of Responsibilities: Del Mar College accepts its responsibilities to its students, to its employees, and to the members of the community. The College district is committed to meet these responsibilities with balance, fairness, accountability, and ethical integrity.
A22.214.171.124 Unranked faculty
are non-tenure-track faculty, Academic Fellows, and Assistant Instructors.
Unranked faculty are not eligible for tenure or rank.
A126.96.36.199.3 Adjunct faculty are persons contracted to teach a specific class or classes for a specific enrollment period on a part-time basis.
A5.2.3 Nonexempt Personnel: Personnel paid on an hourly basis in positions which have been graded within the College's classification system and which do not meet the FLSA standards for exemption from overtime.
Unclassified Personnel: Personnel paid on an hourly
basis, serving in a support or office function in a position that has not
been placed within the clerical or support classification systems.
A188.8.131.52 Occasional Part-Time Unclassified: Personnel, paid on an hourly basis, serving in a support or office function on an occasional and part-time basis, as needed.
A184.108.40.206 Student Workers: Students who are participating in the College Work-Study Program or Student Assistants Program. These programs are coordinated by the Financial Aid Office.
B220.127.116.11 Title IX of the Education Amendments of 1972, 20 USC 1681(a) et seq, as amended, and its progeny and implementing regulations;
B18.104.22.168 Title II of the Americans with Disabilities Act of 1990, 42 USC 12101-12117, as amended, and its progeny and implementing regulations;
B22.214.171.124 The Age Discrimination in Employment Act of 1967, 29 USC 621, et. seq., as amended, and its progeny and implementing regulations;
B126.96.36.199 The Fair Labor Standards Act of 1938, 29 USC 201, et. seq., as amended, and its progeny and implementing regulations;
B188.8.131.52 The Family Medical Leave Act of 1993, 29 USC 2601, et. seq., as amended, and its progeny and implementing regulations; and
B184.108.40.206 Texas Commission on Human Rights Act of 1983, Chapter 21, Texas Labor Code, as amended, and its progeny and implementing regulations.
B5.3.3 Obligation of Notification: The President of the College is charged with the obligation of notifying all employees of the name, office address, and telephone number of the Compliance Officer and the Complaint Coordinator.
College will seek actively to increase the number of qualified minority
personnel at all levels by taking affirmative action in order that applicants
and employees are treated, as provided by law, without regard to race, color, sex, (including pregnancy, gender identity/transgender status, sexual orientation), age, national
origin, religion, disability, genetic information, or any other constitutionally or statutorily
B220.127.116.11 Efforts will be made at all levels of the College to develop support for the philosophy and implementation of the Affirmative Action Policy.
B18.104.22.168 From time to time the Board will approve recommended goals for faculty hiring by discipline. Such goals will become a part of this policy and will be filed in the documents section of the Official Minutes Book of the Board.
B22.214.171.124 For some disciplines the
next available position should remain open until the applicant pool includes
qualified minority candidates. "Position to remain open" means that if
no minority applies during the first advertisement, the College may extend
the filing deadline or re-advertise the position. The President will direct
the application of this policy in such a manner that no position remains
open to the detriment of the students.
In its continuing efforts to be a fair employer, the College will be guided
by the following equal employment practices:
B126.96.36.199 The College will seek to employ that person who is best qualified and who is most suited for a particular position.
B188.8.131.52 The College will endeavor to compensate each employee in an equitable manner in line with approved job duties and responsibilities.
B184.108.40.206 The College will not exclude a disabled person who is qualified from participating in, deny the benefits of, or otherwise subject such a person to discrimination in employment or in the programs and activities of the College. In addition, the College will comply with the provisions of the Americans With Disabilities Act, as amended.
B220.127.116.11 The College will give special emphasis in employment of veterans when two (2) or more applicants for employment possess equal qualifications.
B18.104.22.168 The College will endeavor, whenever consistent with other provisions of the policy, to give priority to Del Mar employees who apply for vacant positions and, to this end, may first consider promotion of employees from within before announcing employment opportunities to the public.
B22.214.171.124 To increase diversity in
the work force, the President may choose to promote from within, using
any procedures the President deems appropriate and consistent with the
intent of this policy.
respective department will evaluate participants in accordance with the
College's annual faculty evaluation procedures.
A126.96.36.199 Any applicant having more than three years of full-time college teaching, counseling, or librarianship experience will not be eligible to participate in the program.
A5.5.5 Fellowship Employees: All Academic Fellows employed under the Fellowship Program will be classified as instructors of record.
A5.5.6 Condition of Employment: Based on the department's recommendation and continued need, an Academic Fellow may be offered an expiring term contract (nine  or twelve  months) on an annual basis up to a maximum of three years.
The salary range will be comparable to that of similar
positions within the faculty or academic staff structure.
A188.8.131.52 Academic Fellows will be
entitled to the same fringe benefits provided for all other full-time temporary
A5.6.2 Personnel Requisition/Position Justification: The first step in recruitment will be the completion of a "Personnel Requisition" form and a "Position Justification" form by the supervisor or the Dean, as appropriate. The forms should be completed in duplicate, with the original sent to the Office of Human Resources and Equal Opportunity/Affirmative Action and the copy retained by the originator.
Upon receipt of the above named forms, after justification has been verified
(for both new employees and replacements) and budgetary provisions have
been made, the Office of Human Resources and Equal Opportunity/Affirmative Action
advertise the position.
A184.108.40.206 In addition, the Dean, Department Chair, or supervisor may contact possible sources of professional applicants, particularly minority applicants, both within and outside the State. These College officers may advertise in national publications of the appropriate discipline.
A220.127.116.11 All listings will specify reasonable and pertinent minimum requirements for the position, but may include preferred qualifications.
A18.104.22.168 The Office of Human Resources and Equal Opportunity/Affirmative Action
will respond to unsolicited applications for professional positions and
keep credentials on file for at least six (6) months.
Selection Guidelines: Credentials of applicants meeting minimum
job requirements will be referred to the supervisor, Department Chair,
or Dean for careful screening and thorough documentation and for interview
A22.214.171.124 The appropriate Vice President, the Director of Human Resources and Equal Opportunity/Affirmative Action, and the President will review recommendations for employment.
A126.96.36.199 Once the President has approved the recommendation in writing, the supervisor, Chair, or Dean will confer with the Director of Human Resources and Equal Opportunity/Affirmative Action about informal notification of both the successful and unsuccessful applicants.
A188.8.131.52 The Director of Human Resources and Equal Opportunity/Affirmative Action
will formally notify all unsuccessful applicants of the status of their
applications and retain their credentials in the Director's office.
A5.8 Qualification Testing: Appropriate tests may be required to determine qualifications of applicants.
A5.9 Employment Physical Examination Policy:
A5.9.2 Purpose: Physical examinations will not be the sole basis for making personnel decisions. The purpose of these examinations shall be to determine if candidates are reasonably able to perform the duties of the position for which they have applied. No qualified handicapped individual shall, solely by reason of handicap, be excluded from employment, in accordance with State and federal law. Del Mar College will not engage in unlawful discrimination against the handicapped.
A5.9.3 Labor Intensive
Positions: Positions classified
as labor intensive are those positions that may require extensive manual
labor such as frequent lifting or handling of equipment.
A5.9.4 Procedure: The Office of Human Resources and Equal Opportunity/Affirmative Action will be responsible for scheduling new employment physical examinations for top candidates.
A184.108.40.206 Results of the examination will remain confidential and shall be available only to those College officials with bona fide need for such information.
A220.127.116.11 Upon written request to the Director of Human Resources and Equal Opportunity/Affirmative Action, an applicant will be given the results of the applicant's new employment examination.
A18.104.22.168 Back X-rays (3 views) and chest X-rays (AP and lateral) will be required of top candidates for any position classified as labor intensive. Upon the discretion of the College's designated physician and confirmation of the Director of Human Resources and Equal Opportunity/Affirmative Action, a five (5) view X-ray may be taken.
A22.214.171.124 Top candidates will be required to comply with the recommendations of the College's designated physician as a condition of employment.
A126.96.36.199 The College's designated physician will make a recommendation to the Director of Human Resources and Equal Opportunity/Affirmative Action with respect to handicapped individuals as to whether or not the top candidate is reasonably capable of performing all the essential elements of the job, and if not, whether or not reasonable accommodation to a candidate's handicap can be made so that with such accommodation the top candidate can perform all the essential elements of the job.
B5.10.2 Renewing Term Contract: An employee who receives a Renewing Term Contract shall be a year-to-year (one contract year) employee of the District whose contract shall continue on a contract year-to-year basis until such time as the employee is discharged for good cause, is non-renewed, or is granted tenure by the District, or the employee elects to resign or retire, all in accord with the then existing Board Policy. Renewing Term Contracts may be issued only to full-time, non-tenured faculty members. If the employee is not given written notice by the President in accord with the policy on non-reappointment of probationary faculty, then his contract shall automatically be renewed for another contract year.
B188.8.131.52 Probationary, tenure track faculty may grieve non-renewal decisions as provided by B5.43.
Contract: An employee who receives an Expiring-Term Contract
shall have no right, expectancy, claim, or entitlement to employment beyond
the period of time specified in the contract. The contract will lapse,
terminate, and expire at the end of the specified term, and employment
will discontinue, unless the contract is sooner terminated by the discharge
for cause, resignation, or retirement of the employee in accord with the
then existing Board Policy. Academic Fellows, Assistant Instructors, term
faculty (non-tenure track), and Exempt personnel are customarily employed
under an expiring term contract basis.
B184.108.40.206 Notification for assistant instructor and term faculty can be found in B6.8.7, and in B6.7.3 for probationary faculty.
B5.10.4 At-Will Employment: An employee who is employed on an at-will basis shall be employed for an unspecified length of time; shall serve solely at the will of the District; and shall have no right, expectancy, claim, or entitlement to continued employment by the District. The employee's employment may be terminated at any time upon one (1) day's notice to the employee by the immediate supervisor. Adjunct faculty, regular nonexempt personnel in positions that are classified by grade, regular unclassified personnel, hourly personnel, and occasional part-time personnel are customarily employed on an at-will basis.
B5.11.2 Assignment and Reassignment: Subject to the limitations imposed in Chapter VI, the President of the College shall have full power and authority at any time and from time to time to assign or reassign any employee of the District to any position which the President deems to be in the best interest of the District. Reassignment during a contract period shall be accomplished without reduction in salary or benefits for the reminder of such contract period only.
B5.11.3 Discharge Appeals: No employee shall be discharged from the employ of the District for any reason which is prohibited by the constitutions, statutes, or common law of the United States or the State of Texas. If an employee believes that he or she has been terminated in violation of this paragraph, that employee shall be entitled to contest such decision by the timely filing of a Discharge Appeal Form in accord with paragraph B220.127.116.11.1. Such Contest Form shall contain a clear and concise statement of the facts, circumstances, and grounds upon which such employee relies to support such charge. Such charge shall be processed as provided in paragraphs B18.104.22.168 through B22.214.171.124 below.
B126.96.36.199 Unprofessional conduct.
B188.8.131.52Discrimination and, or harassment of an employee, student, or applicant for a position or program at the College, or retaliation against a person for complaining of discrimination and, or harassment or for cooperating in an investigation of alleged discrimination and, or harassment. (For definitions of discrimination, harassment and retaliation as referenced herein and a statement of College policy and complaint procedures relating to discrimination, harassment and retaliation see B5.50 and B5.51.)
B184.108.40.206 Conviction of any felony.
B220.127.116.11 Repeated failure to comply with official directives, established Board Policy, or Administrative Policy.
B18.104.22.168 Physical or mental incapacity preventing performance of the contract of employment.
B22.214.171.124 Repeated, willful, and
serious dereliction of duty.
B126.96.36.199 Assault of an employee of the District, a student of the District, or a parent or legal guardian of a student of the District.
B188.8.131.52 Violation of the District's
and Alcohol Policy.
B184.108.40.206 Deliberate violation of another's civil rights while performing assigned duties.
B220.127.116.11 Reduction in force as
provided in Board Policy (B6.8).
B18.104.22.168 Failure to report for duty after all leave has been exhausted.
B22.214.171.124 Deliberate falsification of information contained in the employee's application for employment.
B126.96.36.199 Deliberate falsification of any document in connection with employee's employment relationship with the District or in connection with any District activity.
of District property.
B188.8.131.52 Driving a College vehicle while legally intoxicated or after using any illegal drugs.
B184.108.40.206 Violation of the District’s Policy Prohibiting Sexual Violence (B9.1).
B220.127.116.11 Failure to correct deficiencies pointed out in written formal evaluations, supplemental memoranda, or other communications.
B18.104.22.168 Excessive unexcused absences.
B22.214.171.124 Refusal, failure, neglect, or inability to perform duties, responsibilities, or work assignments.
B126.96.36.199 Reprehensible conduct including excessive abusive and/or foul language.
B188.8.131.52 Failure or refusal to comply with reasonable District professional requirements regarding professional improvement and growth.
B184.108.40.206 Conducting personal economic affairs during work hours.
B220.127.116.11 Reasons specified in the employee's employment contract reflecting special conditions of employment.
B18.104.22.168 Deliberate misrepresentation of facts to a supervisor or District official in the conduct of District business.
B22.214.171.124 Services no longer required.
B126.96.36.199 Faculty members desiring
to contest such action taken pursuant to B188.8.131.52, shall proceed directly under the Del Mar College Procedure
for Dismissal for Cause of Faculty Policy (B6.9). This process does not apply to decisions by the President to non-renew the renewing term contract of probationary, tenure-track faculty.
desiring to contest such proposed discharge must proceed as follows:
B184.108.40.206.2 Step Two: If the employee or the Initiator desires to contest the decision of the First Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the First Reviewer, file written notice of appeal with the immediate supervisor of the First Reviewer (hereafter called "Second Reviewer"). The Second Reviewer shall conduct a review of the record made by the First Reviewer and render a written decision to the employee and the Initiator within ten (10) days after receipt of such notice of appeal.
B220.127.116.11.3 Step Three: If the employee or the Initiator desires to contest the decision of the Second Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Second Reviewer, file notice of appeal with the immediate supervisor of the Second Reviewer (hereafter called "Third Reviewer"). The Third Reviewer shall conduct a review of the record made by the First Reviewer and the decision of the Second Reviewer and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
B18.104.22.168.4 Step Four: If the employee or the Initiator desires to contest the decision of the Third Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Third Reviewer, file notice of appeal with the immediate supervisor of the Third Reviewer (hereafter called "Fourth Reviewer"). The Fourth Reviewer shall conduct a review of the record made by the First Reviewer and the decisions of the Second and Third Reviewers and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
B22.214.171.124.5 Step Five: If the employee
or the Initiator desires to contest the decision of the Fourth Reviewer
the employee or Initiator must, within two (2) days of receipt of the decision
of the Fourth Reviewer, file notice of appeal with the immediate supervisor
of the Fourth Reviewer (hereafter called "Fifth Reviewer"). The Fifth Reviewer
shall conduct a review of the record made by the First Reviewer and the
decisions of the Second, Third, and Fourth Reviewers and render a written
decision to the employee and Initiator within ten (10) days after receipt
of such notice of appeal.
B126.96.36.199 During the pendency of the appeal process, the employee may be suspended with or without pay upon the recommendation of the Initiator or at the election of any reviewer in the appeal process. If a final decision is rendered in favor of any employee who has been suspended without pay, then any pay withheld shall be restored to such employee.
B188.8.131.52 If the last day of the required time falls on a Saturday, Sunday, or College holiday, then the time shall be automatically extended until 5 p.m. of the next College workday. Extension of time limits for any step may be authorized by the President of the College upon written request of any party involved.
procedure for conducting the hearing required in paragraph B184.108.40.206.1
above shall be as follows:
B220.127.116.11.2 The employee shall be given notice of the hearing date, as well as the names of any witnesses who may be relied upon by the Initiator and a general statement of the nature of the testimony of each.
B18.104.22.168.3 The hearing shall be conducted privately unless the employee requests that it be open. If the hearing is conducted privately, only the First Reviewer, the employee, the Initiator, and their representatives and witnesses may be present. Witnesses may be excluded from the hearing until it is their turn to present evidence. The employee and the Initiator may each be represented by a person designated in writing to act for them. Notice, at least two (2) days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.
B22.214.171.124.4 The reviewer shall control
the conduct of the hearing, the general order of which shall be as follows:
B126.96.36.199.4.2 The employee may cross-examine any witnesses offered by the Initiator.
B188.8.131.52.4.3 The employee may present such testimony or documents as desired to support the employee's position or to rebut that of the Initiator.
B184.108.40.206.4.4 The Initiator may cross-examine any witnesses offered by the employee and offer rebuttal testimony to any of the employee's witnesses.
B220.127.116.11.4.5 Closing arguments
may be made by each party.
B18.104.22.168.6 The reviewer shall render
a decision within ten (10) days after completion of the hearing and deliver
a copy to the employee and the Initiator.
B22.214.171.124 At-will employees may grieve a discharge decision as provided by B5.43
A5.13.2 Supervisors and Managers: Supervisors and managers are expected to successfully perform the scope of duties of the position, including the oversight and management of their departments or units and the employees for whom they are accountable. In order to be fully informed on College policies and procedures, supervisors and managers must attend, on a biennial basis, a series of mandatory training sessions developed and presented through the Office of Human Resources and Equity Opportunity/Affirmative Action. New supervisors receive the required training during their first year of appointment.
A5.13.3 Professional Development: The College takes proactive measures to ensure that each full-time employee is successfully performing his or her job duties through, but not limited to, the creation and implementation of professional development activities. Supervisors shall track and ensure that each year every full-time employee participates in at least four hours of professional development activities appropriate to the employee’s position and beneficial to the College. Supervisors have the authority to direct their full-time employees to attend specific training sessions.
A5.14.1 Employees are responsible for making decisions about their own health and safety. When employees makes a personal decision to not report to work when an official delay or closure has not been announced, the employees must notify their supervisors of any delays in their arrival and/or any absences in accordance with applicable department procedures and College policies. Employees are expected to take leave in accordance with College policy under these circumstances and supervisors are not required to offer alternate work schedules for such employees under these circumstances.
A5.14.2 When the College President or designated official determines that continued operations of the College may affect the safety of employees who are at work and authorizes the dismissal of employees who are at work, those employees who are at work and who are dismissed will be eligible for authorized administrative absence.
A126.96.36.199 The College President or designee may grant administrative leave with pay for faculty, exempt, and nonexempt employees in regular budgeted College positions when their absence from work is caused by an officially designated delay or closure.
A188.8.131.52 Since the employee’s absence from work must be caused by the College, employees in an approved leave status during an officially designated delay or closure are not entitled to this type of administrative leave with pay and must use another type of applicable leave as approved, including but not limited to personal, sick leave, vacation, or leave without pay, during the pre-approved hours only.
A184.108.40.206 Non-faculty, part-time, hourly, at-will employees are not eligible for administrative leave with pay and are only paid for actual hours of work performed on the College campus in support of a sponsored college activity.
A220.127.116.11 All eligible college employees who are required to report their actual hours worked in Colleague's WebTime Entry will designate such administrative leave with pay on the College’s official form by designating a “CA” College Area closed or "CC" College Closed and submitting it for approval using the College’s approved procedures.
A5.14.3 Supervisors may require employees to be on-call while serving in an administrative leave with pay status. When in an on-call status, employees may be required to inform their supervisors as to how they can be reached in an emergency.
A5.14.4 A College supervisor may direct certain critical employees to remain at and/or return to work during an approved delay and/or closure. Under extenuating circumstances, a supervisor may direct off-duty employees to return to work while on vacation and/or personal leave during an approved delay and/or closure. These employees are in a recall status.
A18.104.22.168 Generally, Exempt employees and faculty are not entitled to or eligible for additional recall pay and are paid at their normal rate of pay as specified under their existing contract and/or agreement.
A22.214.171.124 Non-exempt employees are eligible for recall pay, to the extent applicable and as specified in this procedure. To compensate eligible non-exempt employees for the inconvenience of remaining or returning to work during an approved delay or closure, the College guarantees a minimum of four hours of pay (even if less time is required to complete the job) calculated at the employee’s computed overtime rate for the four hours or for the actual hours worked, whichever is greater. Time spent by the employee in route to or from the work site in response to a recall is not calculated as actual hours worked and is not included for the purpose of compensation.
A5.15 Work Day and Work Week: Although the actual number of hours per day and days per week scheduled to be worked will vary among employees in order to meet the needs of the College, the following definitions will apply in computing the actual number of hours of vacation and leave time accrued and used by exempt and nonexempt personnel, counselors, librarians, and department chairpersons.A5.14.5 When a delay and/or closure is officially over, all employees are expected to report to work in accordance with this policy and/or other applicable College policies.
B5.17 Group Medical and Hospitalization Insurance: Effective September 1, 2003, all eligible employees are provided group medical and hospitalization insurance benefits through the State Employee Retirement System (ERS) on the first day of the calendar month that begins after the first 90 days of eligible employment (Texas Insurance Code, sec. 1551.105). All regular employees who work half-time (½-time) or more and who meet requirements for membership in the Teacher Retirement System are eligible. Effective September 1, 2004, an adjunct faculty member is eligible to participate in the Group Benefits Program if the adjunct faculty meets the qualifications of Texas Insurance Code sec. 1551.1021. Adjunct faculty participation is offered at the adjunct’s full expense. College funds will not be used to pay premiums for adjunct faculty or dependents.
B5.17.1 Dependents: Employees who want their eligible dependents to be covered must make the additional payments for the coverage and comply with policies and procedures as established by Employee Retirement System.
B5.18 Health Maintenance Organization Option: In lieu of group medical and hospitalization benefits, an eligible employee may choose an approved health maintenance organization, if any are available, in accordance with ERS policies and procedures. Coverage for eligible dependents must be under the same plan as the employee.A5.17.2 Enrollment: Before the end of ninety (90) days of employment, employees should enroll themselves and/or their dependents at the Office of Human Resources and Equal Opportunity/Affirmative Action. Further information is supplied by this office.
A.5.17.3 Adjuncts:Effective September 1, 2013, an adjunct faculty is eligible to participate in the Group Benefits Program if the faculty member::A5.17.4 Discontinuance:When a regular employee loses coverage under the Group Benefits Program or an adjunct faculty’s assigned courses are ended, the employee has the opportunity to temporarily extend medical coverage through COBRA.A126.96.36.199 receives compensation from Del Mar College as an adjunct faculty member;
A188.8.131.52 is scheduled to teach at least nine (9) semester credit hours in the academic year of coverage, or if also employed by Del Mar College to perform non-teaching duties, is under contract or is scheduled to teach at least six semester credit hours in the academic year of coverage and has been approved by Del Mar College to participate in the Group Benefits Program.
A184.108.40.206.1 An adjunct faculty member who is a professional librarian is eligible to participate in the group beneftis program as an employee if the faculty member receives compensation for services rendered to Del Mar College as an adjunct faculty member.
B5.19 Term Life Insurance:Revised April 14, 2015: Each eligible employee is provided group term life insurance in the amount equal to one (1) times annual salary as defined by ERS, and a like amount of coverage is provided for accidental death and dismemberment. ERS policies and procedures apply.
Coverage: The employee may opt for a second (2nd) times annual
salary without evidence of insurability. The options for third (3rd) and
fourth (4th) times annual salary may be subject to evidence of insurability.
ERS policies and procedures apply.
A5.19.3 Dependent Coverage: Group term life insurance is available in the amount of $5,000 for spouse and/or $5,000 for eligible dependents at a nominal cost to the employee. ERS policies and procedures apply.
B5.21 Other Optional Benefits: The Board authorizes optional benefits, at employee expense, as follows:
B5.21.2 Other College-Offered Optional Benefits: Additional employee benefit programs such as universal life insurance and Critical Care programs are available at the employee's option and expense. Additional benefit programs may be offered with approval of the College President and the Employee Retirement System.
Eligibility: A company may request that it be designated as an active vendor with the privilege to market its products pursuant to the College's ORP Vendor Specifications. Each company will be required periodically to recertify that its ORP products and representatives are in compliance with the ORP Vendor Specifications. Each participating company will be designated as an active vendor or an inactive vendor.
A220.127.116.11 Participating companies provide their own application forms; eligible employees must complete the College ORP Salary Reduction Agreement form available from the Human Resources Department.
A18.104.22.168 Company forms must be signed by an authorized company representative.
A22.214.171.124 Companies modifying contracts, agreements, or products
must notify participants of changes.
B126.96.36.199 If a variable annuity
contract is offered, the company must have (1)
obtained an exception from the Federal Investment Company Act of 1940,
or (2) complied with Securities Exchange Commission Regulation Section
270.6c7, exempting registered separate accounts offering variable annuity
contracts to participants in the Texas Optional Retirement Program. Any
group variable annuity product offered shall be fully qualified under the
provisions of the Texas Insurance Code.
A188.8.131.52 Benefits from the ORP contract will be paid only upon suitable proof that the employee has died, retired, attained the age 70-1/2, or is no longer employed in an eligible institution of higher education in Texas. A change of company or a participant's transfer between institutions is not termination of employment.
A184.108.40.206 Contributions by the employee and the State shall be in amounts equal to those authorized or required by law.
A220.127.116.11 The State's first-year contributions, or fractional part thereof, will be refunded in full to the College in the event the employee does not begin a second (2nd) consecutive year of covered employment.
A18.104.22.168 The annuity commencement date, or distribution date, will be at an age specified by the participant, there being no "normal" retirement age at the College, provided that such date complies with the restrictions on distributions from an Optional Retirement Program under Section 830.001 et seq., Title 8 of Government Code, Vernon's Texas Codes Annotated, as amended, and with the distribution requirements for a tax-sheltered annuity under Section 403(b) of the Internal Revenue Code of 1986, as amended, and the regulations issued there under.
A22.214.171.124 Proposed modifications of previously approved contracts or new contract forms will be offered to College employees only after submission to and approval by the State Board of Insurance or the Texas Securities Board. The contracts will be amended or suitable endorsements will be prepared to reflect changes in requirements of State and federal laws, and evidence of such changes will be provided to the Department of Human Resources on a timely basis.
A126.96.36.199 All fees charged for ORP products by an active vendor on or after August 1, 2008 must not exceed the limits set forth in the ORP Vendor Specifications.
A188.8.131.52 Active vendors are required to provide Product/Investment Fee and Performance Disclosure information for each separate ORP product offered to eligible employees. This information will be provided for review by College employees via the Human Resources Department.
B5.22.6 Failure to Comply: Companies that do not comply with present or future rules and regulations of the Texas Higher Education Coordinating Board, state and federal laws, the College's ORP Vendor Specifications, and related College policies will forfeit their status as active vendors and will not be eligible to market their ORP products to College personnel.
A5.22.7 List of Active and Inactive Vendors: Names of active vendors and inactive vendors are available in the Department of Human Resources.
Solicitation: In compliance with the requirements of the Texas Higher Education Coordinating Board and the College's ORP Vendor Specifications, Del Mar College
has established the following procedures relative to solicitation practices.
A184.108.40.206 Providing gifts and monetary rewards directly or indirectly by representatives of active vendors to obtain information on newly hired employees is prohibited.
A220.127.116.11 Representatives of active vendors shall be responsible for providing appropriate sales literature and service at locations as designated by the Del Mar College administration. Campus bulk mailing or telephone campaigning is prohibited.
A18.104.22.168 Del Mar College reserves the right to restrict or revoke the privileges of representatives from active vendors to market ORP products based on violations of solicitation regulations of this section, the College's ORP Vendor Specifications, and the other applicable rules and regulations of the College.
A22.214.171.124 College employees are not allowed to provide copying or typing assistance, notary services or other secretarial services to vendors or their representatives conducting business on College premises.
A126.96.36.199 For variable annuity and custodial accounts: Name and address of participant; identifying number; total payments received this reporting period; units of each fund or investment or account purchased this reporting period; total units of each fund or investment or account in the account at end of this reporting period; value of unit of each fund or investment or account at end of this reporting period; total value of account at end of this reporting period; and net cash surrender value of account at end of this reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of this reporting period.
A188.8.131.52 In addition to the reports required by Sections A184.108.40.206 and A220.127.116.11, such companies must submit, at least quarterly, a report to each participant confirming the date and amount of funds received during the reporting period. Also, such companies must immediately upon execution of a transfer from one fund or investment or account to another fund or investment or account, submit a confirmation to the participant of the transfer, including a statement of charges made for the transfer, if any.
A5.24 Contributions to Carriers: Optional Retirement Program contributions shall be forwarded to eligible active vendors via electronic funds transfer on or about the first business day of each month, or via paper check within ten (10) business days of the legal availability of funds. Where possible, the State's share of the payment will be forwarded with the employee's share to which it applies. When that is not possible, the employee's share will be forwarded upon withholding and the State's share forwarded upon receipt.
B5.25 Retirement Provisions: There is no mandatory retirement age in effect for Del Mar College employees. Faculty and administrators are expected to give their supervisors six (6) months' notice prior to retirement. Other employees should give a minimum of three (3) months notice prior to retirement.
A18.104.22.168 Salary deduction will be made each month until the maximum salary specified by law is reached; thereafter there will be no Social Security deduction made for the remainder of the calendar year.
A22.214.171.124 A Social Security Account
Number should be shown on form W-4 exactly as recorded on the employee's
Social Security Identification. The local Social Security Office has forms
to apply for an account number, to obtain a duplicate, or to request a
A126.96.36.199 An annual accounting of
funds on deposit is sent by TRS to each employee during the fall of each year.
A188.8.131.52.2 An ORP participant
may change the active vendor which receives his/her ORP contributions
pursuant to the College's ORP Vendor Specifications, but such change can only be effective
for contributions made after the date written notice of the change is given
to the College, and it can begin only as of the first day of a calendar
month. The employee must complete and submit an appropriate company change
form and the College ORP Salary Reduction Agreement to the Human Resources Department
no later than the 15th day of the month preceding the effective
date of the change.
A184.108.40.206 To begin to participate in the ORP in a calendar month, all necessary forms must be correctly completed, signed and received by the Human Resources Department on or before the 15th day of that month. Forms received after the 15th day of a month may not be effective until the following month. Any enrollment/application form or ORP salary reduction agreement that is submitted incorrectly or incompletely will be returned to the submitting party. The eligible employee and the vendor's representative are responsible for resubmitting the corrected forms before the ninety-first (91st) day after the employee first becomes eligible to participate in the ORP. The final, complete and correct application submission will determine the employee's effective date of participation.
A220.127.116.11 Amounts deducted from the employee's compensation and the State's contribution to the ORP shall conform to and not exceed with State and federal, laws, rules, and regulations.
A18.104.22.168 Transfers of all or a portion of an employee's (including a terminated employee's) balance or benefit in an ORP product from one vendor to another vendor, and transfers between a 403(b)(7) account (mutual fund) and a 403(b)(1) account (annuity contract) may only be made to qualified ORP products of active ORP vendors. An ORP participant may not transfer funds to an inactive vendor unless the participant currently maintains an ORP product account or contract with the inactive vendor.
A22.214.171.124 The following employees are eligible to participate in the Optional Retirement Program: all full-time faculty members and exempt personnel who are appointed for at least four-and-one-half (4-½) months as head of a major function of the College and/or are in a policy-setting position. A full-time person who enters the program while employed in an eligible position may remain a participant if the employee assumes a position not eligible. To be eligible to participate in the Optional Retirement Program, an employee must be described in Section 25.4 (k) 1-8 in the Rules and Regulations of the Texas Higher Education Coordinating Board, as amended.
A126.96.36.199 The College characterizes vendors of ORP products as either active or inactive, and maintains lists of active and inactive vendors. Active vendors are permitted by the College to enroll eligible employees as new participants in their ORP products. Inactive vendors are not permitted to enroll eligible employees as new participants in their ORP products, but they may continue to receive monthly contributions from existing participants.
A5.26.2 Premiums Payable on the Annuity Contract: The salary of each employee electing to purchase an annuity contract or custodial account will be reduced by the amount of the premiums payable on the annuity contract, or the amount invested in the custodial account, provided that such amount may not exceed the maximum which may be excluded from gross income under Section 402(g), Section 403(b), and Section 415 of the Internal Revenue Code of 1986, as amended.
A5.26.3 Purchasing Tax Deferred Annuity Contracts or Custodial Accounts: Tax deferred annuity contracts or custodial accounts may be purchased from a College-approved company selected by the employee provided that such annuity contract or custodial account is described in Article 6228a-5, Vernon's Ann. Tx. Civ. St., as amended, and qualifies under Section 403(b) of the Internal Revenue Code of 1986, as amended, and has been approved by the College. An employee may select only one company at a time to receive contributions under the Tax Sheltered Annuity Program and may change the company selected to receive contributions, but such change can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first (1st) day of a calendar month. The employee must complete and submit an appropriate company change form to the Payroll Office no later than the fifteenth (15th) day of the month preceding the effective date of the change.
A5.26.4 Wage Reduction Agreement: Each employee electing to contribute an amount to purchase a tax deferred annuity contract or custodial account, or electing to change or terminate the amount to be contributed to such contractor account shall sign a salary or wage reduction agreement which can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first day of a calendar month. The amount to be contributed shall not exceed the exclusion allowance permitted by the Internal Revenue Code of 1986, as amended. The employee must complete and submit an appropriate form to the Payroll Office no later than the fifteenth (15 th) day of the month preceding the effective date of the change.
A188.8.131.52 The amount of sick leave used because of a death in the immediate family is not to exceed forty (40) hours in each case, unless additional time is granted by written request to the President of the College.
A184.108.40.206 Vacation hours may be used in lieu of sick leave hours. Sick leave hours may not be used for vacation or personal time.
A220.127.116.11 Reports: All employees will report sick leave to the Payroll Office each pay period as per A5.34.4.
B18.104.22.168 Employees hired in a half-time or greater regularly budgeted position earn an amount based on the percentage of full time hours worked per week.
B22.214.171.124 Nine-, ten-, and eleven-month (9-, 10-, and 11-) employees working additional periods during the summer may use and accrue sick leave during the period of time they are working, with such use being governed by the usual provisions stated elsewhere in this policy.
B126.96.36.199.1 Faculty who work during the summer will earn leave based on load worked. The formula to calculate leave earned is Full summer salary/one third (1/3) 9-month salary * 30 hours (up to a maximum of 30 hours) for the summer months (June, July & August).
B188.8.131.52 The maximum hours of accumulation per year are as follows: nine-month employees--ninety (90) hours; ten-month employees--one hundred (100) hours; eleven-month employees--one hundred and ten (110) hours; and twelve-month employees--one hundred and twenty (120) hours.
B184.108.40.206 Employees who are new to the system must have reported for duty before the provisions of the sick-leave policy can be applied.
B220.127.116.11 An employee does not accumulate sick leave during a leave of absence, nor does the employee lose accumulated sick leave while on leave.
B18.104.22.168 Employees moving from a grant funded position may roll their sick leave hours to the college funded leave accrual. Employees moving from college funded leave to grant funded will not be able to roll their accumulated sick leave unless such condition is stipulated in the grant proposal.
B22.214.171.124 An employee who is placed on modified service (less than full-time employment) at or after age sixty-five (65) or upon completion of twenty-five (25) years of service shall have cumulative sick pay valued on the basis of the salary actually existing at the time of placement on modified service; payment shall be made only at the time of retirement from regular employment at the College.
B126.96.36.199 Upon proper certification of disability by the family physician, cumulative sick-leave pay because of disability retirement will be allowed at any age on the same basis as the employee who is placed on modified service.
B188.8.131.52 If an employee dies while actively employed, the value of unused sick leave shall be paid to the designated beneficiary, as stated for Teacher Retirement/ORP benefits, or to that employee's estate if no beneficiary has been named.
B184.108.40.206 Any termination of employment, other than for retirement, instigated by the employee eliminates participation in unused sick-leave pay as provided above.
B220.127.116.11 If an employee is dismissed and does not retire, as previously defined, any unused sick leave is forfeited.
B18.104.22.168 The amount of money that
an employee shall receive under the provisions above shall be calculated
B22.214.171.124.1.1 To determine yearly work time: 173.33 average hours * number of months. (Example: 12 month employee: 173.33*12= 2080 annual hours, 11 month employee: 173.33*11= 1906.67 annual hours, 10 month employee: 173.33*10= 1733.33 and 9 month employee: 173.33*9= 1560 annual hours)
B126.96.36.199.2 To determine the hourly
rate of pay, an employees annual salary/yearly work time = hourly rate.
B188.8.131.52 Deductions for any absences not approved or not provided for in the policy will be made at the hourly rate of pay as calculated above.
B184.108.40.206 Reports: All employees will report emergency leave to the Payroll Office each pay period as per A5.34.4.
Eligible employees are also entitled to twenty-six (26) workweeks of military caregiver leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the military member’s spouse, son, daughter, parent, or next of kin.
B220.127.116.11 Definitions: For purposes of FMLA leave, the following definitions shall apply:
B18.104.22.168.5 Intermittent Leave: Leave taken in separate blocks of time due to a single illness or injury, including leave periods from an hour or more to several weeks.
B22.214.171.124.6 Reduced Leave Schedule: Leave schedule that reduces an eligible employee's usual number of working hours per work week or hours per work day, for example, a change in the eligible employee's schedule for a period of time, normally from full-time to part-time.
B126.96.36.199.7 Spouse: Revised April 14, 2015 (Effective date June 26, 2015) A “spouse” is the husband or wife with whom the employee entered into marriage (including employees in same-sex or common law marriages) as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into, or, in the case of marriages entered into outside of the United States, if the marriage is valid in the place where it was entered into and the marriage could have been entered into in at least one state in the United States.
B188.8.131.52.8 Son or Daughter: For employees taking non-military, FMLA leave, “son” or “daughter” are defined as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
Generally, for the purposes of military caregiver leave, the “son” or “daughter” of a covered servicemember means a covered servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age.
Generally, for the purposes of leave due to qualifying exigencies, the son or daughter on covered active duty or call to covered active duty status means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status, and who is of any age.
B184.108.40.206.9 Parent: For employees taking non-military FMLA leave, parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee. This term does not include parents “in law.”
For the purposes of military caregiver leave, the parent of a covered servicemember means a covered servicemember's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”
For the purposes of leave due to qualifying exigencies, a “parent” must be the military member's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age.
B220.127.116.11.10 Next of Kin: For the purposes of military caregiver leave, “next of kin” is defined as the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: 1) blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions; 2) brothers and sisters; 3) grandparents; 4) aunts and uncles; and 5) first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously.
B18.104.22.168.11 Covered Service Member: For the purposes of military caregiver leave, “covered servicemember” is defined as: (1) A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or (2) A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. A “covered veteran” is a former member of the Armed Forces (including a member of the National Guard or Reserves) who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
B22.214.171.124.12 Serious Illness or Injury for a Covered Servicemember: For the purposes of military caregiver leave, a serious illness or injury is defined as follows:
B126.96.36.199.13 Qualifying Exigency: A “qualifying exigency” is defined as:
B188.8.131.52.14 Covered Active Duty or Call to Covered Active Duty: For the purposes of leave due to qualifying exigencies, “covered active duty” and “call to covered active duty” are defined as: (1) In the case of a member of the Regular Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) In the case of a member of the Reserve components of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation.
B184.108.40.206.2 If thirty (30) days' notice is not practicable, such as because of lack of knowledge of approximately when leave will be required to begin, a change in circumstances, medical emergency, or a qualifying exigency notice must be given as soon as practical.
B220.127.116.11.2 If the eligible employee
asks for intermittent leave or leave on a reduced leave schedule which
is medically necessary, the eligible employee shall advise the District,
upon request, of the reasons why the intermittent or reduced leave schedule
necessary and of the schedule for treatment, if applicable. The District and the eligible employee shall attempt to work out a schedule that meets the District's needs without unduly disrupting the District's operations, subject to the approval of the health care provider.
B18.104.22.168.3 If the eligible employee
requests intermittent leave or leave on a reduced schedule that is foreseeable
based on planned medical treatment, including during a period of recovery
from a serious health condition, the District may require the eligible
employee to transfer temporarily to an available alternative position for
which the eligible employee is qualified and which better accommodates
recurring periods of leave than does the eligible employee's regular position.
B22.214.171.124 Second and Third Opinions:
B126.96.36.199.2 If the opinions of the
eligible employee's and the District's designated health care providers
differ, the District may require the eligible employee to obtain certification
from a third (3rd) health care provider, at the District's expense.
The third opinion shall be final and binding. The third (3rd) health care
provider must be designated or approved jointly by the District and the
B188.8.131.52 Certification for Leave Taken to Care for a Covered Servicemember:
When employee leave is taken to care for a covered servicemember with a serious injury or illness, the employee must provide the College with a completed U.S. Department of Labor certification form. The appropriate form (Current or Veteran Servicemember) may be obtained from the College’s Department of Human Resources.
B184.108.40.206.2 In a case where the
need for the leave is not foreseeable, the eligible employee must provide
certification within the time frame requested by the District (which must
allow at least fifteen  days after the District's request) or as soon
as reasonably possible under the particular facts and circumstances.
In a case where the need for the leave is not foreseeable, the eligible employee must provide certification within the time frame requested by the District (which must allow at least fifteen  days after the District’s request) or as soon as reasonably possible under the particular facts and circumstances.
B220.127.116.11 Coordination of FMLA Leave with
B18.104.22.168.2 Notwithstanding anything in this policy to the contrary, nothing herein shall be construed to allow an eligible employee to take more than the maximum allowed leave or vacation time under local District policy. Both the local District leave and vacation time and the unpaid FMLA leave shall run concurrently.
B22.214.171.124.3 Reports: All employees will report FMLA leave to the Payroll Office each pay period as per A5.34.4.
A5.28.2 Notification of Personal Leave: The employee must request preapproval from the immediate supervisor for non-emergency leave or should notify the immediate supervisor as soon as possible in the event of an emergency and should make arrangements to cover duties and responsibilities, where possible.
B5.28.3 Contingent Benefit: Personal leave is a contingent benefit and may not be used to extend College holidays or vacation.
B5.28.4 Reports: All employees will report Personal leave to the Payroll Office each pay period as per A5.34.4.
B5.29.2 Use of Sick Leave and Vacation Time: An employee must use accrued sick leave and vacation time prior to going on leave of absence without pay.
B5.29.3 Reports: All employees will report Materinty leave to the Payroll Office each pay period as per A5.34.4.
B126.96.36.199 Employees ordered to duty
by proper authority shall be restored, when relieved from duty, to the
same or a similar position held when they were ordered to duty.
B188.8.131.52 Any employee restored to employment shall be considered to have been on leave of absence without pay during military service and shall be entitled to participate in retirement and all other benefits available to other employees in like positions and shall not be dismissed from this position without cause for one (1) year following restoration of employment.
B184.108.40.206 To qualify for employment, the employee shall make written application for reinstatement to the President of the College within ninety (90) days after release or discharge from active State or federal military service and shall attach to such application evidence of discharge, separation, or release under honorable conditions from active state or federal military service.
B5.30.3 Reports: All employees will report Military leave to the Payroll Office each pay period as per A5.34.4.
B5.32 Vacation: Regular Exempt, Non-Exempt, Faculy Chairs, Librarians and Counselors (Twelve-month employees) receive paid vacation time; fewer than twelve-month employees are not entitled to paid vacation. This policy does not apply to any personnel whose duties are primarily teaching.A5.31.1 Compensation: For each regularly scheduled workday on which an employee serves in any phase of jury service, the College shall pay the employee's normal daily compensation.
A5.31.2 Accumulated Leave: A College employee's accumulated leave (personal, sick, or vacation) may not be reduced because of the employee's service in compliance with a jury summons.
A5.31.3 Court Allowance: College employees are permitted to retain the allowance the employee receives from the court for complying with a jury summons.
A5.31.4 Proof of Service: College employees must submit a copy of the subpoena or summons to serve on jury duty to their supervisor as soon as it is received. In addition, proof of service must be submitted to the College's Payroll Office via the employee's supervisor when the absence report or time card is submitted.
A5.31.5 Reports: All employees wil report Court room leave to the Payroll Office each pay period as per A5.34.4.
B220.127.116.11 Nonexempt personnel are
entitled to paid vacation as shown below.
B18.104.22.168.2 Upon completing ten (10) years of service, the employee commences earning vacation time at the rate of 3.7 hours of vacation per pay period for a total of twenty six (26) pay periods per year and thus is entitled to ninety six (96) hours of vacation per year.
B22.214.171.124.3 Upon completing fifteen
(15) years of service, the employee commences earning vacation time at
the rate of 4.62 hours of vacation per pay period for a total of twenty six (26) pay periods per year and thus is entitled to one hundred twenty (120) hours of vacation per year.
B126.96.36.199 Vacation hours can be used for sick leave or personal reasons but sick leave can not be used to cover vacation absences.
The College President will not consider or grant exception to College Policy
at A188.8.131.52, unless the following procedures have been observed:
A184.108.40.206.3 The employee’s supervisor(s) will provide a written signed and dated statement in response to the employee’s written request for an exception and forward the employee’s request in a timely manner to the College President through the next level of the employee’s chain-of-command.
A220.127.116.11.4 Unless the employee
has been granted an exception by the College President to College Policy
at A18.104.22.168 by August 31st of the applicable academic year, the College
Payroll Office is authorized to automatically remove any unauthorized excess
vacation leave balance from the employee’s official records at the close
of the academic year.
A5.32.4 Reports: All employees will report vacation to the Payroll Office each pay period as per A5.34.4.
A5.32.5 Scheduling: All vacation schedules are subject to the control and prior approval of the office supervisor or Department Chair responsible for various functions of the College.
A5.32.6 Holiday Pay: Supervisors of non-exempt employees are authorized to grant paid overtime at a rate of one and one half (1 ½) times the employee’s hourly rate of pay in payment of overtime for actual hours worked in excess of an aggregate of forty (40) hours in a normal work week.
B5.33.2 Eligibility: To be eligible for consideration of emeritus status, a member of the faculty
or administration must meet or exceed the following:
B22.214.171.124 Hold faculty or administrative rank, or both, at the time of retirement.
B126.96.36.199 Have served the College as a full-time member of the faculty and/or administration for at least ten years, demonstrating distinction in the performance of all fundamental responsibilities of faculty (B6.3 and B6.4) or their equivalent for administrative programs.
The President of the College shall decide on questioned eligibility in
cases not covered by the guidelines.
B188.8.131.52 Administration: The title of the position held by the eligible administrator shall determine the emeritus title.
The title of an eligible faculty member shall be the title of the rank held at the time of retirement, for example, Professor Emeritus. A
faculty member also holding an administrative title (such as Department
Chair) may be honored by the use of the administrative title as well as
A5.33.4 Procedures and Guidelines for Emeritus Status Award: Consideration for approval of emeritus status shall originate with the next higher authority above the retiree. The following guidelines will apply:
A184.108.40.206 Faculty Members:
A220.127.116.11.1.1 It shall be the responsibility of the Provost to monitor nominations for emeritus status of faculty, to apply the guidelines for eligibility, and to oversee the review and approval process for emeritus awards.
A18.104.22.168.1.2 Within one year after an eligible faculty member's retirement, the immediate supervisor or three colleagures within the same Division shall propose the candidate's nomination to the Dean of the Division (or next higher authority), and document the candidate's eligibility to receive the award.
A22.214.171.124.1.3 The Dean (or next higher authority) shall review the nomination and send it, with the proper documentation supporting the candidate's eligibility, to the Faculty Council, indicating to recommend or not to recommend. The Council shall, in turn, weigh the merits of each candidate, apply the eligibility guidelines, and by majority vote recommend or not recommend a candidate for emeritus status.
A126.96.36.199.1.4 The Council's recommendation, along with the Dean's recommendation, and all documentation, shall be sent to the Provost for review. The Provost shall review the information and send it with his or her recommendation to the President.
A188.8.131.52.1.5 The President shall review the forwarded documentation and make the final recommendation to the Board of Regents to confer emeritus status to the candidate. The Board of Regents shall be the granting authority by means of appropriate resolution.
A184.108.40.206.2 Guidelines: Guidelines used to evaluate a faculty member's eligibility for the award of emeritus status must include documentation of distinction shown in the performance of all fundamental responsibilities of faculty over the span of the faculty member's career. Such performance could include, but is not limited to, the following:
A220.127.116.11.2.1 Distinction in professional practice includes exhibiting outstanding teaching, librarianship, or counseling performance and assessment of student learning; serving as a mentor to colleagues; developing new instructional techniques, courses, forms of educational delivery, or relevant services; demonstrating recognized leadership in the professional area through awards given by the College and/or professional organizations; publications, scholarship, or comparable achievements; or providing outstanding service to students through tutoring, mentoring, advising, and sponsoring student organizations.
A18.104.22.168.2.2 Dinstinction in educational growth includes a record of continuous self-improvement and development via formal coursework, scholarship or comparable achievements, or other professional development opportunities.
A22.214.171.124.2.3 Distinction in institutional and community service is demonstrated by substantial accomplishments in academic advising, marketing, and recruiting for the faculty's program area; significant program, department, and College committee work, including leadership roles; and/or work with and recognition by community organizations for contributions by the emeritus candidate which improve the community and promote the College mission.
A126.96.36.199.1 Procedures and Guidelines: Consideration for approval of emeritus status shall originate with the next higher authority above the candidate. The following guidelines will apply:
A188.8.131.52.1.1 It shall be the responsibility of the appropriate Vice President to monitor requests for emertius status of administrators and faculty and request the Vice President of Instruction to convene the Instructional and Student Development Council in order to apply the guidelines for eligibility. Recommendations and/or comments from the candidate's Chair or supervisor shall be addressed to the Council.
A184.108.40.206.1.2 The Council shall weigh the merits of each candidate, apply the eligibility criteria, and by majority vote recommend or not recommend each candidate for emeritus status. If the majority vote is to not recommend or if the candidate does not meet the eligibility criteria, no further action will be taken.
A220.127.116.11.1.3 If the majority vote is to recommend and the canidate is eligible, the Council shall recommend conferring of emeritus status through the appropriate Vice President. The channel of recommendations shall be from the Council to the appropriate Vice President, from the Vice President to the President, and from the President to the Board of Regents. The Board of Regents shall be the granting authority by means of appropriate resolution.
A5.33.5 Perquisites: Perquisites accruing to the candidate awarded emeritus status by the Board of Regents shall include the following:
A18.104.22.168 Listing in the emeritus section of the College Catalog.
A22.214.171.124 Listing in the Del Mar College Faculty-Staff Directory, if requested by the emeritus awardee.
A126.96.36.199 Inclusion of the emeritus awardee's name on College mailing lists for publications and notices of interest.
A188.8.131.52 A framed copy of the Board of Regents' resolution conferring emeritus status.
A184.108.40.206 A permanent identification card which shall identify the designated emeritus status.
A220.127.116.11 When available and if the emeritus awardee continues to work for the College after retirement, office space, full e-mail access, and a reserved parking space.
A18.104.22.168 Invitations for the emeritus awardee to participate in College commencement ceremonies and other relevant recognition activities.
B5.34 Payroll Information: The Payroll Office and/or the Office of Human Resources and Equal Opportunity/Affirmative Action will supply information to employees as required by law.
a) Faculty: Full-time faculty (including Librarians, Counselors, Fellows and Assistant Instructors) receive payroll funds on the last regular working day of each month (monthly) and two (2) weeks in arrears.
b) Adjunct Faculty: Beginning on January 1, 2012, all Adjunct faculty hired and employed by the College will receive payroll funds at the end of each month and two (2) weeks in arrears.
c) Exempt Employees: Full-time and part-time exempt employees hired and employed by the College before January 1, 2012 receive payroll funds on the last regular working day of each month (monthly). Beginning October 18, 2012, payroll funds paid to full-time exempt employees hired and employed by the College before January 1, 2012 will be received on the last regular working day of each month and two (2) weeks in arrears pursuant to a transitional pay cycle initiated on January 15, 2012.
Full-time and part-time exempt employees hired and employed by the College after January 1, 2012 will receive payroll funds on the last regular working day of each month and two (2) weeks in arrears.
d) Non-Exempt Employees: Full-time non-exempt employees hired and employed by the College before January 1, 2012 will receive payroll funds semi-monthly on the 15th and the last regular working day of each month. When the 15th falls on a weekend or holiday, payroll funds for full-time non-exempt employees hired and employed by the College before January 1, 2012 will be received on the last working day before the 15th of the month. Beginning October 18, 2012, full-time non-exempt employees hired and employed by the College before January 1, 2012 will receive payroll funds every other Friday (Biweekly) and two (2) weeks in arrears pursuant to a transitional pay cycle initiated on January 15, 2012.
Full-time non-exempt employees hired and employed by the College after January 1, 2012 will receive payroll funds every other Friday (Biweekly) and two (2) weeks in arrears.
e) Part-Time Hourly and Student Employees: Beginning on January 1, 2012, all part-time hourly and student employees hired and employed by the College will receive payroll funds every other Friday (Bi-weekly) and two (2) weeks in arrears.
A22.214.171.124 Electronic Pay Advices: As of April 1, 2009, pay advices (check stubs) will be available via WebDMC for employees to print.
B5.34.3 Deductions/Reductions: The College may make the following deductions/reductions, in addition to federal income tax withholding: FICA taxes, applicable retirement systems, insurance premiums, savings bonds, Section 125 Cafeteria Plan, deferred compensation, charitable contributions, Corpus Christi Area Teachers Credit Union, parking fees, and other deductions which may, from time to time, be authorized by the College President.
A5.34.4 Time and Attendance Payroll Reports:
All non-exempt employees are required by current labor laws and regulations
to fill out time and absence reports assuming forty (40) hours per week worked unless otherwise noted by overtime or absence. Effective July 2009, students and part-time hourly employees will begin using Colleague's WebTime Entry system to report their time and attendance. Effective October 18, 2012, Non-Exempt employees will begin using Colleague's WebTime entry to report time worked and time absent each pay period. Regular Faculty and Exempt employees will begin using Colleague's WebTime Entry system to report time absent each pay period, beginning October 18, 2012.
A126.96.36.199 Completed Payroll Reports should be forwarded to the Payroll Office by the deadlines set forth in the Payroll Office.
If an employee uses vacation, sick leave, and/or personal leave during
a week that includes extra hours on one (1) or more days, the pay may be
for more than forty (40) hours, but if the time actually worked does not
exceed forty (40) hours, all hours will be compensated for at the employee's
regular hourly rate.
B5.36 Educational Benefits: The College offers a tuition waiver, subject to the availability of funds, for all full-time employees, their legal spouse, and their qualified dependents who wish to enroll in a credit or non-credit course(s), except for private instruction in applied music, offered by the College.
A5.36.1 Eligibility: Eligible full-time employees are those who are currently employed with the College and have been employed full-time for a period of at least one year. The tuition waiver is extended to the employee's legal spouse and qualified dependents, as defined by the Internal Revenue Service Tax Code. To be eligible as a qualified dependent, the individual must be eligible to be claimed on the employee's most recent tax return as a qualified dependent (i.e. unmarried child or stepchild under the age of 25, or other eligible dependent).
A5.36.2 Non-district Employees: The tuition waiver will cover out-of-district fees for eligible employees, spouses, and dependents.
A5.36.3 Other Charges/Fees: The tuition waiver only applies to tuition and college-wide fees. The Educational Benefits program does not include all other fees such as course laboratory fees, insurance fees, and other fees associated with the enrolled course. Students attempting a course for the third time will be responsible for any additional fees associated with the course. If a student enrolls in a course, in which the student has received a passing grade, the tuition waiver does not apply for the applicable course.
A5.36.4 Procedures: An application for the tuition waiver must be submitted to the Office of Human Resources for processing and approval no later than 10 days prior to enrolling in the course(s) or the first day of class for any given semester. Failure to obtain prior approval will automatically forfeit this benefit for the current semester. If eligible for financial aid, the applicant must apply for and exhaust state/federal financial aid first before becoming eligible for the Del Mar College tuition waiver program.
A5.36.5 Work Schedule: Employees are eligible to take the course(s) outside of the normal working hours. Approval may be granted by the employee's supervisor to take a day course, if not offered during the evening or weekend. A request for a modified work schedule (Form PER 095) is required to be submitted along with the tuition waiver application, if the employee is requesting a modified work schedule. All courses taken by an employee must not interfere with the satisfactory performance of the employee’s assigned job duties.
A5.36.6 Dropping/Withdrawing from Classes: Applicants who have registered for a course(s) under the tuition waiver program and then wish to drop the course should do so prior to the first day of class. Class changes within the same registration session resulting in an even exchange of semester credit hours will not result in additional charges. The applicant is responsible for paying for a course(s), if dropped after classes have started and for any penalty or additional tuition/fees not covered above.
A5.36.7 Non-credit Courses: Applicants may utilize the tuition waiver to enroll in any non-credit course(s), after the minimum required paid enrollment has been met. The applicant is required to pay any course laboratory fees, insurance fees, etc., assigned to the course(s) that are not covered above.
B5.36.8 Educational Tuition Waiver for Displaced Full-time Employees: The College offers a tuition waiver, subject to the availability of funds, for all full-time employees who were displaced by the 2011 reorganization of the College, who wish to enroll in a credit or non-credit course(s), except for private instruction in applied music, offered by the College.
A188.8.131.52 Eligibility: Eligible full time employees displaced by the 2011 reorganization of the employed are those who were employed with the College in the 2010-2011 fiscal year, had been employed by the College at least one year when their employment ended as a result of the 2011 reorganization. The displaced employee is eligible for the tuition waiver for two years from the date of their last date of employment, up to a maximum of 60 semester credit hours or 60 non-credit units.
A184.108.40.206 Non-district Employees: The tuition waiver will cover out-of district fees for eligible employees.
A220.127.116.11 Other Charges/Fees: The tuition waiver only applies to tuition and college-wide fees. This program does not include other fees such as course laboratory fees, insurance fees, and other fees associated with the enrolled course(s). Students attempting a course for the third time will be responsible for any additional fees associated with the course. The tuition waiver does not apply to courses where the student has already received a passing grade.
A18.104.22.168 Procedures: The application for the tuition waiver must be submitted to the Office of Human Resources for processing and approval no later than 10 days prior to enrolling in the course(s) or the first day of class for any given semester. Failure to obtain prior approval will automatically forfeit this opportunity for tuition waiver for the current semester. If eligible for financial aid, the applicant must apply and exhaust state/federal financial aid first before becoming eligible for the Del Mar College tuition waiver.
A22.214.171.124 Dropping/Withdrawing from Classes: Applicants who have registered for a course(s) under the tuition waiver program and then wish to drop/withdraw from the course(s) should do so prior to the first day of class. Class changes made while in the process of registering resulting in an even exchange of semester credit hours will not result in additional charges. The applicant is responsible for repaying the tuition waiver amount for a course(s) if dropped after classes have started and also for any penalty or additional tuition/fees not covered above.
A126.96.36.199 Non-credit Courses: Applicants may utilize the tuition waiver to enroll in any non-credit course(s), after the minimum required paid enrollment has been met. The applicant is required to pay any course laboratory fees, insurance fees, etc. assigned to the non-credit course(s) that are not covered by the tuition waiver. The tuition waiver does not apply to non-credit courses where the applicant has already successfully completed the course.
B5.37 Recognition for Service: Plaques, service pins, and certificates of appreciation will be awarded to individuals who have contributed significantly to the success of Del Mar College in providing quality education to the citizens of its service area.
Service Awards: Service pins will be awarded
to College employees in recognition of valued employment. The Office of Institutional Effectiveness will maintain records of service and arrange for appropriate ceremonies
for the presentation. Criteria for awards are the following:
A188.8.131.52 Part-time employment does not count unless the individual is a regular employee, has been paid a set monthly salary for five (5) years or more, and certifies that he is not employed elsewhere.
A184.108.40.206 If a former employee returns to regular employment, previous employment at the College will count.
of absence for study count in computing years of service for a pin, but
leaves for other reasons do not count.
A220.127.116.11 Unpaid adjunct faculty (for example,medical doctors in the health sciences) who contribute their time to teaching/supervision for one (1) or more years are eligible.
A18.104.22.168 Individuals, or groups of individuals, who perform a significant service for the College are eligible for certificates, but donors of equipment, scholarships, or other items of value normally are recognized by a letter of thanks at the time of the gift.
A5.38.2 OSHA: The College will endeavor to comply with the regulations established by the Occupational Safety and Health Act.
A5.38.3 Compliance:Employees are expected to comply with all safety rules and regulations and to practice safety continually while performing their duties.
A5.38.4 Reports: All accidents or injuries must be reported at once to the immediate supervisor of the injured person.
A5.38.5 Investigation: All accidents resulting in loss of work time must be investigated by the injured person's immediate supervisor. The investigator must submit a written report within two (2) days of the injury to the Office of Human Resources and Equal Opportunity/Affirmative Action.
A5.38.6 Use of Leave Time: Absences due to a work-related accident, including those required for physical therapy and doctor's visits, will be charged to accumulated sick leave, personal leave, vacation, and/or leave without pay.
Return to Work: An employee absent due
to a work-related accident must submit a physician's statement to the supervisor
immediately upon receiving the physician's release to return to work. The
supervisor will send a copy of the physician's statement to the Office
of Human Resources and Equal Opportunity/Affirmative Action.
The College District prohibits the use of tobacco, E-cigarettes, vaping pens and any other related products and devices by any employee, student, or visitor on all premises owned, rented, leased, or supervised by the College District, including all College District facilities, buildings, and grounds. This prohibition applies to property owned by others that the College District uses by agreement, and further applies to all District vehicles.
B22.214.171.124 Definition of Illegal Drugs:
An "illegal drug" is any drug or controlled substance which is (1) not
legally obtainable or (2) is legally obtainable but was not legally obtained.
The term "illegal drug" includes all illegal drugs, dangerous drugs, and
controlled substances defined and listed in Articles 4476-14 and 4476-15
(Texas Controlled Substances Act) Vernon's Texas Civil Statutes. Marijuana,
hashish, cocaine, PCP, LSD, heroin, dilaudid, qualudes, steroids, and methamphetamine
are only a few of the dangerous drugs or controlled substances which are
included within such terms.
B126.96.36.199 To inform employees of the College's informational service and of this policy through various means, such as divisional and departmental meetings, and new employee orientation processes.
B188.8.131.52 To inform students of the College of this policy and informational services through various means, such as the campus newspaper Foghorn, Counseling Office, club meetings, "drug free"- related activities each semester, and the College's electronic data board located in the campus student centers.
B184.108.40.206 This policy does not cancel or supersede other laws, orders, instructions, or regulations which make the use, possession, and/or distribution of dangerous drugs, and controlled substances illegal.
B220.127.116.11 Employees or students shall not be discriminated against because they are known to have had alcohol, drug, or any other behavioral problems as evidenced by their responsibly seeking or utilizing counseling or treatment services.
B18.104.22.168 As outlined in the College's Sick Leave Policy (B5.27), employees may utilize accumulated sick leave or a reasonable leave of absence without pay for the purpose of treatment or rehabilitation as in any other illness.
B22.214.171.124The employee or student shall be responsible for any cost and/or fees incurred for professional services.
B126.96.36.199 It is recognized that a person's job performance or academic studies may be affected by persons in the employee's or student's family who have alcohol, drug, or other emotional or behavioral problems. Therefore the College will offer information services to these family members, but accept no further responsibility.
B188.8.131.52 Information concerning a student's or employee's diagnosis, treatment, and medical records will be kept strictly confidential.
B184.108.40.206 Exemptions (Presidential Approval Required): The College President is authorized to approve exemptions to B5.40.6 to allow the serving of alcoholic beverages, as provided by law, at various Foundation, Alumni, and community events sponsored or approved by the College. Exemption requests shall be made on a form provided by the College.
A220.127.116.11 For all of the above persons, the College prohibits the unlawful possession, use, or distribution of illicit drugs or alcohol on College property or as part of College activities.
A18.104.22.168 All students and staff are reminded that local, State, and federal laws provide legal sanctions for unlawful possession of illicit drugs and alcohol. These sanctions may include probation and/or imprisonment.
A22.214.171.124 Numerous health risks are associated with the use of alcohol, tobacco, and illicit drugs. These include fetal alcohol syndrome, cancer, heart problems, cirrhosis of the liver, AIDS, and mental and other health problems.
A126.96.36.199 The College provides limited counseling services for students and employees who desire them, but prefers to refer those in need of treatment and rehabilitation to local community professionals. Current employee health benefits include insurance coverage for treatment of illnesses associated with the use of illicit drugs and the abuse of alcohol.
A188.8.131.52 The College will impose disciplinary sanctions on students and employees which are consistent with law and other policies which have been or will be established. These sanctions may extend up to, and include, expulsion from the College or termination of employment and referral for prosecution. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
A184.108.40.206 The College will undertake a biennial review of this program through the College Heads-Up Committee to determine its effectiveness, implement changes as needed, and ensure that its disciplinary sanctions are consistently enforced.
B220.127.116.11 Faculty and supervisors, in particular, in their relationships with students and employees, need to be aware of potential conflicts of interest and the possible compromise of their evaluative capacity.
Because there is an inherent authority difference in these relationships,
the potential exists for the less authoritative person to perceive a coercive
element in suggestions regarding activities outside those appropriate to
the professional relationship.
B5.41.3 Academic Freedom/Free Speech: Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe upon the academic freedom of any member of Del Mar College.
B5.43 Employee Grievance Policy Regarding Terms & Conditions of Employment: Revised May 12, 2015 - It is the policy of Del Mar College to encourage fair, efficient, and equitable solutions for problems arising out of the employment relationship and to meet requirements of state and federal law. This grievance policy, applicable to all current employees of Del Mar College, pertains to all matters concerning an employee's terms and conditions of employment except where covered under separate College policies as identified herein.
B5.43.2 Forms and Grievance Management: The complaining party may obtain the proper form for filing the grievance from the Office of Human Resources and Equal Opportunity/Affirmative Action. The Director of Human Resources, or designee, shall be responsible for the receipt and management of grievances filed by employees.
B5.43.3 Time: As referenced herein, “days” are defined as College District “business days.” In calculating any time limits, “day one” is the day after the grievance is received by the Human Resources department or any identified party at any step in the process. Extension of time limits for any step may be authorized by the President of the College upon written request of any party involved before the expiration of any deadline.
B5.43.4 Exceptions: This employee grievance policy does not apply to matters covered under separate College policies pertaining to the following:
a) Complaints of sexual violence, retaliation, harassment and, or discrimination as addressed in B5.50, B5.51 and B9.1;
b) Faculty tenure and promotion appeals as addressed in B6.6;
c) Faculty reduction in force as addressed in B6.8;
d) Faculty termination appeals as addressed in B6.9;
e) Faculty appeals regarding change of assignment as addressed in B6.10;
f) Instructional program review appeals as addressed in B6.11.
g) Tenured Faculty disciplinary action appeals as addressed in B6.39.
B5.43.5 Right to Representation: Employees filing a grievance pursuant to this grievance policy may designate and, or employ, at their own expense, an attorney or other person to represent the employee during all steps in the grievance procedure. To the extent any other College policy providing appeal or grievance rights, including those identified in B5.43.4, do not specifically identify a right to representation, employees pursuing appeals, grievances or complaints pursuant to those policies also retain the right to designate and, or employ, at their own expense, an attorney or other person to represent the employee during those processes.
B5.43.6 Steps in Grievance Procedure:
B18.104.22.168 Step One: An employee desiring to express a grievance (hereafter called "Grievant") shall prepare a clear and concise statement of the grievance on the proper form and deliver it to the Director of Human Resources, or designee within five (5) days of the occurrence of the condition being complained about. The Director of Human Resources, or designee, shall have five (5) days to review the grievance for timeliness, applicability of the grievance policy, and a determination of the lowest level supervisor with authority to remedy the matter or action grieved. If the grievance has been properly submitted, the Human Resources Director, or designee, shall forward the grievance to the lowest level supervisor with authority to remedy the matter or action grieved. Within five (5) days of receipt of the written grievance, the applicable supervisor shall discuss the matter with the Grievant in person, make such other investigation as the supervisor deems appropriate, and draft and submit a written response to the Human Resources Director, or designee. The Director of Human Resources, or designee, shall then notify the Grievant of the supervisor’s decision no later than two (2) days after receipt of the supervisor’s response.
B22.214.171.124 Step Two: If the Grievant is not satisfied with the response received in accord with step one, the Grievant may, within three (3) days of the receipt of the response in step one, submit a notice of appeal to the Director of Human Resources, or designee. No later than two (2) days of receipt of a timely notice of appeal, the Director of Human Resources shall forward the grievance file documents to next level supervisor with authority to remedy the matter or action grieved. Within five (5) days of receipt of the of the grievance documents and appeal, the next level supervisor shall meet with the Grievant to review the grievance, make such other investigation as the next level supervisor deems appropriate, and draft and submit a written response to the Director of Human Resources, or designee. The Director of Human Resources, or designee, shall then notify the Grievant of the supervisor’s decision no later than two (2) days after receipt of the supervisor’s response.
B126.96.36.199 Step Three: If the Grievant is not satisfied with the response received under step two, the Grievant may, within three (3) days of the receipt of the response made in step two, submit a notice of appeal to the Director of Human Resources, or designee. No later than two (2) days of receipt of a timely notice of appeal, the Director of Human Resources shall forward the grievance file documents to the President of the College ("President"). In those cases where the President is the sole administrator with authority to address and provide relief as requested by the Grievant, then the President shall meet with the Grievant in person, review the grievance; make such investigation as deemed appropriate, and provide a written response to the Director of Human Resources, or designee, within seven (7) days after receiving the appeal. In those cases where a lower level administrator in Steps 1or 2 has authority to address and provide relief as requested by the Grievant, then the President shall review the grievance; make such investigation as deemed appropriate, including meeting with the Grievant if the President finds a meeting is necessary; and provide a written response with seven (7) days after receiving the appeal to the Director of Human Resources. The Director of Human Resources, or designee, shall then notify the Grievant of the President’s decision no later than two (2) days after receipt of the President’s response.
B188.8.131.52 Step Four:
Step four in the grievance process is available to employees grieving terminations, non-renewals, disciplinary actions pursuant to B5.50 or B7.19, or to employees who are direct reports of the President of the College who seek to grieve an action by the President concerning the terms and conditions of their employment.
a) If the Grievant for whom step four is applicable is not satisfied with the response received under step three, the Grievant may present the grievance to the Board of Regents. b) Within three (3) days of receipt of the step three response, the Grievant may grieve the decision to the Board of Regents by submitting an appeal to the Director of Human Resources, or designee. c) No later than two (2) days of receipt of Grievant’s timely appeal, the Director of Human Resources, or designee, shall forward the request to the Del Mar College Board Liaison of the Office of the President of Del Mar College, along with any and all written documentation presented by the Grievant and the administration during the previous steps in the process. The Board Liaison shall be responsible for placing the grievance on the agenda of the next most immediate Board of Regents meeting scheduled, where the next most immediate meeting is no less than 10 days from receipt of the appeal, and delivering the Grievant’s and administration’s documentation to the Chair of the Board. Where the next most immediate meeting is less than 10 days from receipt of the appeal, the Board Liaison shall place the matter on the agenda of the next scheduled meeting following. The grievance shall be scheduled to be heard in executive (closed) session, unless the employee requests that the grievance be heard in open session. In the case of grievances based on disciplinary actions taken under B5.50 and B7.19, all parties must agree that the grievance be heard in open session. d) The Director of Human Resources, or designee, shall inform the Grievant of the date, time and place of the Board of Regents meeting at which the Grievant may present the grievance. e) The Board of Regents shall consider the grievance as presented by the Grievant, including any written documentation presented by the Grievant and the administration during the previous steps in the process.
a) If the Grievant for whom step four is applicable is not satisfied with the response received under step three, the Grievant may present the grievance to the Board of Regents.
b) Within three (3) days of receipt of the step three response, the Grievant may grieve the decision to the Board of Regents by submitting an appeal to the Director of Human Resources, or designee.
c) No later than two (2) days of receipt of Grievant’s timely appeal, the Director of Human Resources, or designee, shall forward the request to the Del Mar College Board Liaison of the Office of the President of Del Mar College, along with any and all written documentation presented by the Grievant and the administration during the previous steps in the process. The Board Liaison shall be responsible for placing the grievance on the agenda of the next most immediate Board of Regents meeting scheduled, where the next most immediate meeting is no less than 10 days from receipt of the appeal, and delivering the Grievant’s and administration’s documentation to the Chair of the Board. Where the next most immediate meeting is less than 10 days from receipt of the appeal, the Board Liaison shall place the matter on the agenda of the next scheduled meeting following. The grievance shall be scheduled to be heard in executive (closed) session, unless the employee requests that the grievance be heard in open session. In the case of grievances based on disciplinary actions taken under B5.50 and B7.19, all parties must agree that the grievance be heard in open session.
d) The Director of Human Resources, or designee, shall inform the Grievant of the date, time and place of the Board of Regents meeting at which the Grievant may present the grievance.
e) The Board of Regents shall consider the grievance as presented by the Grievant, including any written documentation presented by the Grievant and the administration during the previous steps in the process.
B5.45.2 General Statement:Del Mar College is committed to protecting the legal and privacy rights of students and employees who may have been diagnosed as having been infected with HIV/AIDS and its related conditions such as AIDS-Related Complex (ARC) This policy and other procedures developed at the behest of the President shall emphasize educating employees and students concerning HIV/AIDS and managing each case of HIV/AIDS individually with sensitivity, flexibility, and concern for the affected individual, as well as maintaining a safe and healthful campus environment for all employees and students.
B184.108.40.206 To make available to students upon request the educational pamphlets on AIDS developed by the Texas Department of Health. A statement will be published in the students' handbook listing the sources for information on AIDS and HIV.
B220.127.116.11 To inform all students of this policy and available informational services through various means; such means will include one or more of the following: campus newspaper, student handbook, Counseling Office, club meetings, seminars, and other related activities.
B18.104.22.168 To inform employees of the College of this policy and informational services through various means, such as divisional meetings, College employee newsletter, campus newspaper, new employee orientation, departmental meetings, and other related activities.
B22.214.171.124 "AIDS" (Acquired Immune Deficiency Syndrome) means a viral disease that impairs the body's ability to fight disease. People with AIDS are susceptible to a wide range of unusual and life-threatening diseases.
B126.96.36.199 "HIV" (Human Immunodeficiency Virus) means the name proposed for the causative agents of AIDS by a subcommittee of the International Committee on the Taxonomy of Viruses.
"ARC" (AIDS-Related Complex) means a variety of chronic symptoms and physical
findings that occur in some persons who are infected with HIV but do not
meet the Center for Disease Control's definition of AIDS. ARC may or may not develop into AIDS.
B188.8.131.52 No student will be denied enrollment, class attendance, or participation in a College function solely on the basis of diagnosis or of suspicion of having HIV, AIDS, or ARC. If a physician's evaluation demonstrates that a student diagnosed with HIV/AIDS or ARC is unable to perform academically, with or without accommodation, due to his or her diagnosis, or if specific activities in which the student is involved present a direct health or safety risk to the student or others, a decision shall be made by the administration about continuation of enrollment, or involvement in the activity, and such decision shall be made solely on such medical evaluation.
B184.108.40.206 An employee who is diagnosed as having HIV, AIDS, or ARC will be treated in the same manner as other employees who have other disabilities, illnesses or injuries as provided by State and federal law. If a physician's evaluation demonstrates that an employee diagnosed with HIV/AIDS or ARC is unable to perform the essential functions of his or her job position, with or without accommodation, due to such a diagnosis, or if specific employment related job functions present a direct health or safety risk to the employee or the College community, a decision shall be made by the administration about continuation of employment or work assignment, and such decision shall be made solely on such medical evaluation.
B220.127.116.11 No applicant will be denied an opportunity to compete for employment with the College solely on the basis of being diagnosed as or under suspicion of having HIV, AIDS, or ARC.
B18.104.22.168 Any student who believes he or she has been discriminated against on the basis of a diagnosis or of suspicion of having HIV, AIDS, or ARC, should immediately contact Student Services as provided by B7.19.B22.214.171.124 Any employee who believes he or she has been discriminated against on the basis of a diagnosis or of suspicion of having HIV, AIDS, or ARC, should immediately contact the Human Resources and Equal Opportunity/Affirmative Action Office as provided by B5.50.
A126.96.36.199 Purpose/Responsibility: The purpose and responsibility of the Committee is to provide the College community with researched information and direction with regard to a possible training program on life-threatening communicable diseases.
A188.8.131.52 General Statement: The physical and emotional health and well-being of all employees, students, and clients must be protected, and reasonable accommodation for the medically impaired employee or student suffering from a life-threatening communicable disease must be provided as long as the employee or student is able to meet acceptable performance standards. To provide such service to these persons, the following guidelines apply.
A184.108.40.206.2 An employee who has a life-threatening communicable disease is strongly encouraged to report, in writing, the fact to the President.
A220.127.116.11.3 If an employee with a life-threatening condition requests job accommodation for the medical condition, the President shall be contacted directly by the employee or through the Chair of the Committee for consultation; and the employee must present a written medical opinion that the employee is (a) medically able to work and (b) needs reasonable job accommodation, within limitations, in order to maintain employment.
A18.104.22.168.4 If it is deemed medically necessary, based upon current physical impairment, the President will consider any reasonable job modification or transfer of the employee with a diagnosed life-threatening communicable disease as the President deems appropriate.
A22.214.171.124.5 To provide employees with the necessary factual and up-to-date medical information to understand how life-threatening communicable diseases are transmitted, and to reduce unrealistic fears of contracting a life-threatening disease, the Committee, in consultation with the Nueces County Public Health Department, will develop a program to educate employees about life-threatening communicable diseases and will make the program available to the entire College community.
Annually, the Committee will distribute to each employee an education pamphlet
about the methods of transmission and prevention of HIV infection and the
State laws relating to transmission and prevention of HIV infection.
A126.96.36.199.2 A student who has a life-threatening communicable disease is strongly encouraged to report, in writing, the fact to the President or to the Vice President of Student Services.
A188.8.131.52.3 If a student with a life-threatening communicable disease requests academic accommodation for the medical condition, the Committee would be contacted for consultation and the student must present a written medical opinion that the student is (a) medically able to attend classes and (b) needs reasonable academic accommodation in order to maintain studies.
A184.108.40.206.4 If it is deemed medically necessary, based upon current physical impairment, the Committee will work with the faculty member and the administration to recommend reasonable accommodations for the student.
To provide students with the necessary factual and up-to-date medical information
to understand how life-threatening communicable diseases are transmitted,
and to reduce unrealistic fears of contracting a life-threatening disease,
the Committee, in consultation with the Nueces County Public Health Department,
will develop a program to educate students about life-threatening conditions.
A220.127.116.11 All complaints or reports of life-threatening communicable diseases should be reported to the President, Heldenfels Administration Building, East Campus; telephone 698-1203.
A5.46.2 Discussion of Appraisal: Employees have a right to discuss an appraisal at the next highest supervisory level, and when it is not possible for employees and supervisors to settle any concerns between them, they are encouraged to consult with the reviewer.
Resources Office: The Human Resources
Office staff will answer any questions which arise out of the use of the
performance appraisal system, and provide guidance as to the process available to employees to grieve a performance appraisal.
B5.48 Salary Schedules for Non-faculty Employees: Revision Effective September 1, 2016 The President shall approve salary schedules for full-time non-faculty employees. Eligible non-faculty, non-temporary exempt and nonexempt employees who have been employed with the College in a regular budgeted, half-time or greater position for at least four months (Employed by May 1) and who are not at the maximum range for their current position pay grade, will receive an increase each year, as approved by the Board of Regents, according to their respective pay grade range, in recognition for a year of experience and performance, provided the employee has received a satisfactory performance evaluation for the year. In the event an employee is at the maximum pay grade range in their current position or an approved increase surpasses the maximum range, the President of the College may authorize an increase in salary that will exceed a pay grade range maximum.
A5.49 Progressive Discipline: The College uses a progressive disciplinary process whereby employees, other than at-will employees, are made aware of a problem and are given a reasonable opportunity to take corrective action. The administrative guidelines for the progressive disciplinary process are published and distributed by the Office of Human Resources and Equal Opportunity/Affirmative Action. This progressive disciplinary process is not intended to be used in situations where an employee's actions are so egregious that it requires more serious discipline up to and including termination.
B5.50 Discrimination and Harassment Complaint Policy for Employees: Del Mar College, in its continuing effort to seek equity in employment and act in compliance with federal and state law, provides a complaint procedure for the prompt and equitable investigation and resolution of complaints of unlawful retaliation, or discrimination and/or harassment of employees based on their race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status. This procedure may be used by any employee of the College.
A5.50.1 Discrimination, Harassment and Retaliation Complaints: The Discrimination, Harassment and Retaliation Complaint procedure provides a process through which the College, as provided by law, may receive, respond to, and prevent incidents of alleged retaliation, or discrimination and/or harassment of employees based on their race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status.
A18.104.22.168 Exclusion: Revised February 25, 2016 Employee grievances and general complaints that do not contain allegations of retaliation, or discrimination and/or harassment based on the employee’s race, color, national origin, sex (including pregnancy, gender identity/transgender status, sexual orientation), religion, age, sex, disability, genetic information, veteran or military status are excluded from this process. Complaints regarding an employee’s terms and conditions of employment will be addressed under policy B5.43. Complaints regarding incidents of sexual violence will be addressed pursuant to the District’s Policy Prohibiting Sexual Violence, B9.1.
A22.214.171.124 District Complaint Coordinator: The District Complaint Coordinator, who is the Director of Human Resources, shall receive any complaint of alleged retaliation, discrimination or harassment, as identified herein, assist the Complainant in the use of the complaint form, and provide the Complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with external agencies. An employee is also free to bring complaints under this section to any supervisor, manager or administrator of the College. Complaints received by any supervisor, manager or administrator of the College shall be promptly forwarded to the District Complaint Coordinator. The District Complaint Coordinator may identify a designee within the Human Resources/Equal Opportunity and Affirmative Action office to receive complaints.
A126.96.36.199 Complainant’s Rights: The Complainant is always free to file a complaint with the appropriate state or federal agency at any point during the complaint process.
A188.8.131.52 Confidentiality and Freedom from Reprisal or Retaliation: Complaints involve sensitive personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s), and any witnesses or parties engaged in the complaint process. There will be no retaliation, interference, or harassment toward any party or witness to a complaint. Should a Complainant or any witness experience any reprisal or retaliation as a result of a complaint filed pursuant to this policy, the Complainant or witness(es) should immediately report the retaliatory action to the District Complaint Coordinator for intake, investigation and resolution as provided herein.
Discrimination on the Basis of Protected Characteristic(s): Discrimination occurs when an employment action is taken against an employee based on the employee’s race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status. An employment action includes actions such as discharge, demotion, adverse compensation decisions, a refusal to hire, or a refusal to promote.
Harassment on the Basis of Protected Characteristic(s): Harassment is conduct of an oral, written, graphic or physical nature directed towards an employee by a co-worker, student, supervisor, manager, administrator or a third party participating in activities, work or programs of Del Mar College, based on the employee’s race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, genetic information, veteran or military status that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the employee’s work performance such that an intimidating, hostile, or offensive work environment is created.
Sexual Harassment:Sexual harassment is, generally, unwelcome conduct of a sexual nature against an employee by a co-worker, supervisor, manager, administrator or a third party participating in activities, work or programs of Del Mar College. Sexual harassment can include unwelcome sexual advances, requests for sexual favors in exchange for job benefits or as a condition of employment, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the employee’s work performance or create an intimidating, hostile, or offensive work environment. Sexual violence, a form of sexual harassment, is addressed in the District’s Policy Prohibiting Sexual Violence (B9.1).
Sex Discrimination: Sex discrimination includes sexual harassment and discrimination based on the individual’s sex, pregnancy, gender identity or transgender status, or sexual orientation.
Genetic Information: Genetic information includes information about an individual’s genetic tests; information about the genetic tests of a family member; family medical history; requests for, and receipt of, genetic services by an individual family member; and genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.
Retaliation: Retaliation occurs when a materially adverse employment action is taken against an employee because the employee complained about discrimination or harassment as provided by this policy, filed an EEOC charge of discrimination or harassment, participated as a witness in an investigation pursuant to this policy, or brought/participated in a lawsuit of discrimination or harassment. A materially adverse action is an action taken to dissuade a reasonable employee from making, supporting or participating in a complaint, charge or lawsuit alleging discrimination or harassment.
Complainant:The Complainant is the employee who initiates a complaint of discrimination, harassment or retaliation pursuant to B5.50.
Respondent: The Respondent is the employee named in a complaint of discrimination, harassment or retaliation initiated pursuant to B5.50, as having engaged in discrimination, harassment or retaliation against the Complainant.
A5.50.3 Informal Consultation and Counseling: The District Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. Although in certain instances verbal complaints may be acted upon, the procedures herein rest upon the submission of a written formal complaint that will enable a full and fair investigation of the facts. It is the Complainant’s responsibility to be certain that any complaint alleging complaints of discrimination, harassment or retaliation is filed as contemplated by this section.
A5.50.4 Reporting an Employee Formal Complaint. Employees should file a written complaint with the District Complaint Coordinator as soon as possible following the alleged discriminatory, harassing or retaliatory act or the date on which the Complainant first knew or reasonably should have known of such act. All such complaints should be submitted on the form provided by the College in order to insure the prompt processing and investigation of complaints. However, employees may also utilize personal memorandums or letters to describe their complaints. If an employee is unable to draft a written complaint, the District Complaint Coordinator shall meet with the employee and complete the form and intake information, which shall be reviewed and approved by the employee. Any such memoranda or letters, completed by either the employee or the District Complaint Coordinator, will be attached to the College’s Complaint of Discrimination/Harassment form by the District Complaint Coordinator and will be used for the initiation of a complaint.
The written complaint shall contain:
a. The name, local and permanent address(es), and telephone number(s) of the Complainant.
b. A statement of facts explaining what happened and what the Complainant believes constituted the unlawful discriminatory, harassing or retaliatory acts in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time, and place where the alleged acts of unlawful discrimination, harassment or retaliation occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
c. The name(s), and address(es) and telephone number(s) (if known) of the respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination, harassment or retaliation.
d. Identification of the title and/or status of the persons charged whether faculty or staff.
A5.50.5 Complaint Review Procedure:
1. Complaint proceeding is commenced by the filing of a complaint as detailed in A5.50.4.
2. The complaint, together with a statement, shall be documented in a complaint file.
3. The District Complaint Coordinator, or designee, shall begin a review and investigation of the complaint within 3 working days from the filing of the complaint. Steps will be taken immediately to insure the safety and wellbeing of a complainant employee where necessary.
4. Upon receipt of a complaint, the District Complaint Coordinator, or designee, will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. Within 3 working days after the date of filing of the complaint, the District Complaint Coordinator, or designee, will provide notice and a detailed explanation of the nature of the complaint to the Respondent(s). Alternatively, such notice and summary of the complaint may be given by email or personal delivery, provided such delivery is made by the District Complaint Coordinator, or designee, and that proper proof of such delivery, including the date, time, and place where such delivery occurred is documented.
5. Confidentiality of the identity of the Complainant shall be maintained, but not guaranteed, except to the degree or point where the review of the complaint cannot be continued without identification of the Complainant.
6. The District Complaint Coordinator, or designee, shall review all relevant information and interview pertinent witnesses. Both the Complainant and the Respondent(s) shall be entitled to submit oral, recorded, and transcribed statements or other relevant and material evidence to the written record compiled by the District Complaint Coordinator, or designee. The District Complaint Coordinator shall apply a “preponderance of the evidence” standard in determining whether the Complainant’s allegations can be substantiated.
7. No later than 20 working days, from the acceptance of a complaint, the District Complaint Coordinator or designee shall prepare a summary of findings and recommendation(s) for further action to be taken by the supervisor(s) of the Respondent. If the Respondent is the President, the findings and recommendations of the District Complaint Coordinator shall be submitted to the Board of Regents for review and action.
8. If the District Complaint Coordinator determines that the complaint was substantiated, the Respondent’s supervisor(s) may take such disciplinary action as he/she deems appropriate in consultation with the Executive Director of Human Resources and Administration, or designee. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to termination, demotion, reassignment, suspension, reprimand, or required training.
If the President is the Respondent, the Board of Regents shall advise the District Complaint Coordinator of any action to be taken by the College. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to termination, demotion, reassignment, suspension, reprimand, or required training.
If the Respondent is a student, the Director of Student Leadership/Campus Life may recommend such disciplinary action as he/she deems appropriate in consultation with the Executive Director of Human Resources and Administration, or designee. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and to correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to expulsion, suspension, reprimand, or required training.
9. No later than 3 working days following receipt of the determination and findings of the District Complaint Coordinator, the Respondent’s supervisor or the Director of Student Leadership/Campus Life (whichever is applicable) in consultation with the Executive Director of Human Resources and Administration, shall make a final determination of the action to be taken with regard to the Respondent where a complaint is substantiated. No later than 3 working days following the District Complaint Coordinator’s receipt of the supervisor’s or the Director of Student Leadership/Campus Life’s determination, the District Complaint Coordinator shall issue letters to the Complainant and to the Respondent(s) advising them of the findings of the investigation and the action to be taken by the College, if necessary. In the case of a student Respondent any notifications will be made subject to the Family Educational Rights and Privacy Act.
If the Respondent is the President, the Board of Regents shall notify District Complaint Coordinator of the action to be taken against the President, as soon as practicable, as permitted by the Texas Open Meetings Act. No later than 3 working days following the District Complaint Coordinator’s receipt of the Board’s determination, the District Complaint Coordinator shall issue letters to the Complainant and to the Respondent(s) advising them of the findings of the investigation and the action to be taken by the College, if necessary.
10. The Complainant and the Respondent may appeal findings and recommended disciplinary actions as provided by A5.50.8.
A5.50.6 Extension of Time Limits: During the pendency of the complaint review process, a party may request an extension of time limits stated herein to deal with emergent exigencies. Such request must be approved by the College President and all parties must be advised of any approved request.
A5.50.7 Filing Externally: If the Complainant is dissatisfied with the findings and determination and, or remedial action taken, the complainant may elect to file a complaint with one or more state and federal agencies. The District Complaint Coordinator will provide general information on state and federal guidelines and laws as well as names and addresses of such agencies.
A5.50.8 Appeals:: Investigation findings and recommended disciplinary actions shall be appealed/grieved as provided herein. Pending appeal, where there has been a finding of discrimination, harassment or retaliation, the College may take interim measures to protect the Complainant, including temporary reassignment or suspension of the Respondent.
- Complainants: Complainants may appeal investigation findings and disciplinary action recommendations by requesting, within 3 working days of receipt of notice of investigation findings and disciplinary action recommendations, that the investigation findings and disciplinary action recommendations be presented to the Board of Regents at the next regularly scheduled board meeting, unless the next regularly scheduled board meeting is less than ten calendar days from the Complainant’s request. If the next regularly scheduled meeting is scheduled to take place in less than ten days, the appeal of investigation findings and disciplinary action recommendations will be scheduled for the following month’s board meeting. The District Complaint Coordinator shall promptly forward to the Board of Regents, through the Board Liaison, the complete record of the matter, including the investigative file, findings, and recommendations. The request for appeal of investigation findings and disciplinary action recommendations must be in writing and timely submitted to the District Complaint Coordinator. Timely submitted requests for appeal will be presented to the Board of Regents for review.
The Board of Regents shall review materials and allow the parties, or their representative, an equal opportunity to present their arguments during the meeting. The Board of Regents may also request the District Complaint Coordinator attend and present an explanation of the investigation findings and disciplinary action recommendations. The Board of Regents shall then consider the appeal, utilizing a preponderance of the evidence standard, and provide a decision to the parties no later than five (5) working days after the meeting.
- Respondents: Investigation findings and recommended disciplinary actions may be appealed by Respondents through grievance and appeal policies provided by applicable District Policy (B5.43, B5.12, B6.39, B6.9 and B7.13.6). Where disciplinary appeal policies allow open hearings at the request of the Respondent, open hearings will not be permitted, except upon agreement by the Complainant. Complainants shall be given an equal opportunity to present witnesses, evidence, and their side of the story during any applicable appeal process utilized by the Respondent. Determinations by hearing officers or panels, in any applicable policy, shall utilize a preponderance of the evidence standard.
A5.50.9: Timely Notice of Appeal: If at any step during the appeal process the Respondent fails to timely meet any deadline or action required within the appeal process, the process will be considered abandoned and will terminate. Once the process is terminated pursuant to this section, the appeal is dismissed and cannot be re-filed. The decision of the supervisor shall be final.
A5.50.10: Academic Freedom/Free Speech:Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe unlawfully upon the academic freedom of any student or employee of Del Mar College.
B5.51 ADA Accommodation Policy for Employees and Job Applicants: Del Mar College will reasonably accommodate all employees and job applicants, with known qualifying disabilities or impairments, as required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), where no undue hardship is imposed on the College.
A5.51.1 Purpose: To provide a reasonable work place or application accommodation process for employees or job applicants with disabilities as provided under the Rehabilitation Act of 1973 and the ADA and ADAAA.
A5.52 Who is covered: Full or part-time employees and job applicants are invited to advise the College of any disability-based limitations to enable the College to assist the employee and determine eligibility for reasonable accommodation(s).
The College is under no obligation to provide reasonable accommodation unless an individual properly identifies him/herself as a person with disability-based limitations requiring an accommodation and supplies the necessary documentation.
The College will determine, in consultation with the employee and, if necessary, his/her medical providers, what constitutes a reasonable accommodation. The College reserves the right to request additional medical examinations, evaluations, or other appropriate information at college expense, if necessary. Supervisors must contact the Human Resources and Equal Opportunity/Affirmative Action Office for assistance in determining the needs of employees requesting accommodations.
Reasonable accommodation(s) will be granted, as determined by the College, unless any such accommodation(s) will cause an undue hardship for the College. In determining what constitutes a reasonable accommodation, or an undue hardship, the College’s decisions will conform to definitions and guidance provided by state and federal law.
The Human Resources and Equal Opportunity/Affirmative Action Office is responsible for the management, implementation and coordination of this policy. Any and all accommodations sought pursuant to this policy must be approved by the Director of Human Resources and Equal Opportunity/Affirmative Action Office and the employee’s supervisors. All information relating to an accommodation request is considered confidential.
A5.53.1 The employee notifies either HR-EO/AA, or the appropriate supervisor and the supervisor is required to notify HR-EO/AA of his/her limitations and the need for a disability-based accommodation(s).
A184.108.40.206 After notification, HR-EO/AA will provide the employee with the DMC Reasonable Accommodation Form and the Medical Provider Certification Form to be completed in order to identify his/her limitations and the need for a disability-based accommodation. The HR-EO/AA will determine if additional documentation of the claimed disability and associated accommodations is required from the employee’s medical provider.
A220.127.116.11 The completed Reasonable Accommodation Form, Disability Verification Form, and job description including essential functions, are reviewed to determine what special accommodations are needed to enable the employee to perform or continue to perform his/her job responsibilities. The employee’s manager, the Director of HR-EO/AA, and the appropriate supervisors will meet to discuss accommodation requests. The employee will be invited to propose possible accommodations and provide feedback regarding any accommodation proposed by the College.
A18.104.22.168 Employees will be notified in writing once a decision is reached as to any reasonable accommodations to be provided to the employee. The employee will be required to sign and return the letter to HR-EO/AA.
A22.214.171.124 In compliance with applicable laws and regulations, all documents pertaining to a disability request are placed in a confidential file, separate from the employee’s personnel file, and may be opened only by the employee or an appropriate HR-EO/AA representative on a documented and approved “as needed” basis.
A5.54 Service and Therapy Animals: Del Mar College is committed to complying with all federal, state and local guidelines related to the use of service and therapy animals by employees with disabilities whose medical documentation supports this accommodation.
Service Animal: A service animal is an animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting hearing impaired individuals to potential dangers, or pulling a wheelchair and picking up dropped items.
Therapy/Emotional Support Animal: A therapy/emotional support animal is an animal selected by a healthcare provider to play a part in the treatment process of an individual with a disability.
A5.54.2 Access: Subject to certain restrictions set forth in A5.53.4, a service or therapy animal will be allowed to accompany a disabled employee into any areas of the College to which a non-disabled employee would ordinarily have access. A service or therapy animal will be admitted to College areas even when not actively “working” or assisting a disabled employee, including, but not limited to, public dining facilities.
A5.54.3 Requirements of Service and Therapy Animals and Their Owners:
Registration and Documentation: In addition to providing documentation pursuant to A126.96.36.199 that establishes the employee has an impairment that warrants the use of a service or therapy animal, the employee must also provide documented proof that the service or therapy animal has a current city license and is current on the appropriate vaccination series for the type of animal. Employees granted an accommodation pursuant to A.5.52 for the use of a service or therapy animal, are also required to register the animal with the Safety Office.
Service and Therapy Animal Management: All approved service and therapy animals must be on a leash on campus and under the control of the disabled employee at all times; wear vaccination and owner contact tags; be healthy and free of fleas and other external parasites; and must be properly trained. Service and therapy animals may relieve themselves outdoors in campus grassy areas away from sidewalks. The service or therapy animal’s handler is required to clean up the animal’s biological waste and dispose of it in outdoor trash disposal containers, unless the employee/handler is physically unable to do so.
A5.54.4 Restrictions and Exclusion of Service and Therapy Animals: Service and therapy animals can be restricted from certain campus areas, or excluded from campus for the following reasons:
Aggressive or Disruptive Behavior: An animal may be removed and excluded from campus if its behavior is not controlled such that it is unruly or disruptive. “Unruly” or “disruptive” behaviors include, but are not limited to, excessive, inappropriate barking, growling, and, or aggressive behavior. The College may exclude uncontrolled service or therapy animals under these circumstances. It will be the employee’s responsibility to immediately arrange for 1) a substitute assistant; 2) another trained service or therapy animal; and, or 3) additional training for the current service or therapy animal. In the event additional training is obtained for the service or therapy animal the employee will be required to present proof of any such additional training before the animal will be allowed on campus.
Health and Safety Concerns: A service or therapy animal may be restricted from entering an area where it poses a threat to the health and safety of the campus community such as food preparation areas not otherwise open to the public, or laboratories or workshops that might interfere with or compromise the work being done. Exceptions to restricted areas may be granted on a case-by-case basis through the Human Resources and Equal Opportunity/Affirmative Action Office and the person directing or managing the restricted area.
Health of the Service or Therapy Animal: A service or therapy animal that is ill or in poor health may not be allowed on College property. An ill service or therapy animal may not be allowed on campus unless the employee can provide a written statement from a veterinarian that the animal poses no threat to the health and safety of the College community.
A5.54.5 Treatment of Service and Therapy Animals by the Del Mar College Community: Employees and students of the College community will abide by the following practices with regard to service and therapy animals: 1) service and therapy animals are allowed to accompany a disabled employee at all times and in all places on campus, except as provided by A5.53.4; 2) touching or petting of a service or therapy animal is prohibited unless invited to do so by the disabled employee; 3) feeding of a service or therapy animal is prohibited except by the disabled employee; 4) a service or therapy animal should not be deliberately startled; 5) no action should be taken to separate a disabled employee from his or her service or therapy animal, except under emergency situations where it may become necessary.
A5.54.6 Conflicting Disabilities: Other employees or students of the College with medical condition(s) that are affected by animals including, but not limited to, respiratory diseases, asthma or severe allergies should contact the Human Resources and Equal Opportunity/Affirmative Action Office if they have a concern about exposure to a service or therapy animal. The employee or student will be asked to provide medical documentation that identifies the condition(s), and will allow determination to be made as to whether an accommodation is necessary.
A5.54.7 Service and Therapy Animals in Training: The College will admit to its facilities a service or therapy animal in training when accompanied by an approved trainer who is an agent of an organization generally recognized by agencies involved in the rehabilitation of persons who are disabled as reputable and competent to provide training for service or therapy animals and their handlers.
A5.55 Prohibition of Disability Discrimination: The College strictly prohibits discrimination against employees based on disability as defined by state and federal law. If an employee believes he or she has suffered discrimination based on disability, including the illegal denial of an accommodation, or retaliation for having requested an accommodation, the employee should immediately contact the Human Resources and Equal Opportunity/Affirmative Action Office as provided by B5.50.