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Board of Trustees Personnel Policies

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2001 Enforcement of Policies (approved 11.21.11)

The policies of the Board of Trustees of Mohawk Valley Community College shall supplement each contract of employment executed on behalf of the College and shall constitute the terms and conditions of employment.  Violation of any policies and procedures shall be a cause for disciplinary action except as the Board shall otherwise provide.

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2002 Search and Hiring (approved 11.21.11)

A college-wide staffing table shall be adopted by the Board of Trustees at the time the annual budget is submitted to SUNY for approval.  It shall contain the title and position number for all budgeted positions within the College and shall constitute the expected staffing plan for the fiscal year.

The College will hire the most qualified candidate for every vacant position through the use of documented search processes that are open, fair, and timely.  The procedures in place to assure compliance with this policy are published at (link) and on file in the Human Resources office. 

 

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2003 Employment of Close Relatives (approved 11.21.11)

College employees and Board members shall not participate in the hiring or supervision, or evaluation of any close relative. Procedures and guidelines describing the parameters of this policy are published at (link) and on file in Human Resources office.

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2004 Conflict of Interest (approved 11.21.11)

Any college officer or employee who has, will have or later acquires an interest in any actual or proposed contract with the college of which he is an officer or employee, shall publicly disclose the nature and extent of such interest in writing to the Board of Trustees thereof as soon as he has knowledge of such actual or prospective interest.

No college officer or employee shall be interested financially in any contract entered into by the college pursuant to Sections 800-808 of the General Municipal Law.  This also precludes acceptance of gratuities, financial or otherwise, by the above persons, from any supplier of materials or services to the college (Limit $75).

 

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2005 Whistleblower Policy (approved 11.21.11)

The College endorses the belief that all employees of Mohawk Valley Community College must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations.  It is the responsibility of all officers and employees of the College to adhere to professional ethics, as established by Article 18 of the State’s General Municipal Law, and all other Board Polices and to report violations or suspected violations in accordance with established procedures, which are found at (link) or on file in the Human Resources office.

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2006 Solicitation of Funds (approved 11.21.11)

On-campus solicitation for the benefit of an employee, non-employee or for an outside  organization shall be made only with the consent of the appropriate administrator to be identified by the President. 

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2007 Emeritus Status & Distinguished Retiree (approved 11.21.11, amended 3.18.13)

Certain individuals who have brought great credit to themselves, their professions, and this College are eligible to be recognized by having the title “Emeritus” conferred upon them following their retirement from the institution.  Others, who have brought great credit to themselves, their professions, and this College are eligible to be recognized by having the title “Distinguished Retiree” conferred upon them following their retirement from the institution.  Procedures outlining the specific positions eligible within the College for either honorary title, and the processes by which these titles are conferred are published at (link) and on file in the President’s office.  

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2008 Drug Free Workplace (approved 11.21.11)

Mohawk Valley Community College is committed to maintaining a drug-free environment in accordance with the Drug-Free Workplace Act of 1988, and will not tolerate the unlawful possession or use of controlled substances on its campuses.  The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited.  Compliance with the provision of this policy shall be a condition of employment at MVCC.

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2009 Family and Medical Leave Act Policy (approved 11.21.11)

In accordance with the Family and Medical Leave Act of 1973, Mohawk Valley Community College will grant an eligible employee unpaid FMLA leave following established procedures. Procedures are found at (link) or on file in the Human Resources office.

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2010 Representing the College (approved 11.21.11)

Members of the faculty, administrators and college officers may be appointed as delegates by the Board of Trustees or the President to represent the college on appropriate occasions, but no such delegate may commit the college to any doctrine, policy or action without first obtaining the approval of the Board, through the President.  The President and Treasurer are the only individuals authorized to execute contracts in behalf of the college.

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2011 Attendance at Commencement (approved 11.21.11)

Full-time members of the Professional Staff shall take part in either the December or May Commencement exercises at the discretion of the College.  Those who are unable to attend must request permission of the President or the President’s designee.

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2012 Sales to Students (approved 11.21.11)

No member of the staff shall receive financial gain from direct dealing of students with regard to the sale, rental, or leasing of books, instruments, lecture notes or similar materials.  All such dealings with students shall be handled in the manner prescribed by the Vice President for Administrative Services.

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2013 Equal Opportunity, Affirmative Action (approved 11.21.11)

The Mohawk Valley Community College Board of Trustees strongly subscribes to the philosophy of equality of opportunity for all persons regardless of race, creed, color, sex, religion, national origin, ancestry, age, disability, marital orientation, sexual orientation, and veteran status with respect to admissions, educational programs, employment, and campus life.

This commitment, to a strong affirmative action program is required to advance the hiring, promotion, enrollment, retention, and opportunities for business with the College of members of under-represented groups. This commitment will be integrated into all functions of the College and operationalized through the Affirmative Action Plan.
 

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2014 Non-discrimination and Harassment (approved 11.21.11)

The College Community does not discriminate on the basis of race, color, religion, creed, sex, age, sexual orientation, marital status, national origin, ancestry, disability, veteran status, or criminal record.  Mohawk Valley Community College is committed in policy, principle, and practice to maintain an environment which is free of intolerance, illegal or discriminatory behavior towards any person.  This Commitment is consistent with federal and state laws and College policy. The procedures in place to assure compliance with this policy are published at (link) and on file in the Human Resources office. 

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2015 Sexual Harassment (approved 11.21.11)

Mohawk Valley Community College does not condone and will not knowingly permit sexual harassment.  The Board of Trustees expects that all judgments about, and actions toward, students and employees will be based on their qualifications, abilities and performance.  This position is in keeping with the spirit and intent of various federal laws and guidelines which address the issue of fair employment practices, ethical standards and enforcement procedures. The procedures in place to assure compliance with this policy are published at (link) and on file in the Human Resources office. 

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2016 Other Employment for Full-Time Employees (approved 11.21.11)

The primary work obligation for all full-time employees will be their primary position at College. Full-time employees should not engage in outside employment if such employment: constitutes a conflict of interest; occurs when employee is assigned or expected to perform assigned duties for the College; or diminishes the employee's efficiency or attention in performing primary work obligation at the institution.

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2017 Academic Freedom (approved 11.21.11)

The College endorses the principle of Academic Freedom and desires to foster in its students a respect for differing points of view and supports the faculty's freedom to present controversial issues relating to the topic under consideration in the classroom objectively.  However, in no case will the college condone student or faculty actions which deprive other students and faculty of their rights. The college may invite outside speakers representing diverse points of view.  In return, it reserves the right to impose specific conditions insuring that opportunity be provided to challenge these views.

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2018 Intellectual Property Rights - Ownership and Control (approved 11.21.11)

The College reserves the right to enact the following, unless otherwise specified by the collective bargaining units.

A. It is the intent of the Board to further the philosophy, objectives and purpose of the community college by:

1. Encouraging the design and production of more effective methods of instruction and learning evaluation through the use of media by:
a. Providing audio-visual services, material and equipment for instructional purposes.
b. Providing freedom to market for profit such productions resulting from the use of such instructional resources.

2. Making available for use by the college all such methods of instruction and learning evaluation designed and produced by staff members by:
a. Securing the college's right to the use of materials and productions developed by its staff members through the use of its staff services, equipment or materials; and
b. Requiring reimbursement for costs incurred by the college in the production of materials marketed for profit.

B. All property rights in books written, instructional materials developed (including workbooks, laboratory manuals, transparencies, audio tapes, video tapes, films, and the like) and equipment designed, developed or invented by any staff member in conjunction with his job or teaching assignment, with any extended time or released time or assigned project authorized or directed by the college, or written, developed or designed prior to becoming a member of the college staff, shall belong to said staff member.  Such property rights shall, subject to paragraph four hereto, include:

1. The right to publish for private profit and the right to copyright any book, manual or printed official material, or any other medium, and
2. The right to negotiate privately with any person, firm or corporation for the manufacture of any equipment or instructional material and the right to acquire any patent rights which may be obtainable thereon.

C. The property rights in joint projects of staff members undertaken either as part of a job or teaching assignment, released time or assigned project, or on their own time, shall be shared by the participants in the manner upon which they shall agree, in writing.

D. Notwithstanding the property rights of any staff member in any book, instructional materials or equipment published, developed, or designed by said staff member while he/she is a staff member of the College, in conjunction with his/her job or teaching assignment, with any extended time or released time or assigned project authorized or directed by the college.  Mohawk Valley Community College shall have the right, for any bona fide educational purpose, to use or purchase said book, instructional material or equipment regardless of copyright or patents thereon and exclusive of any royalties, commissions or other pecuniary profit to the applicable staff member.

The college shall be reimbursed from any royalties, commissions or other pecuniary profit received by said staff member to the extent and amount that the College paid for that part of the project or program which resulted in the creation of the book, instructional material or equipment, not to exceed the staff member's pay rate for his/her particular salary category and such other costs as may be involved in the project.

Once such reimbursement has been made, all royalties, commissions or pecuniary profit thereafter earned by the sale of any said book, instructional material or equipment to any purchaser thereof shall belong exclusively to the staff member who published, developed or designed said book, instructional material or equipment.

E. Employment of any staff member by the college binds that staff member to the Board Policy described herein.

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2019 Use of College Vehicles (approved 11.21.11)

Individuals requesting use of a College vehicle or who may be assigned a College vehicle in the course of their job responsibility must possess a valid NYS driver’s license for the class of vehicle to be driven and, when necessary, participate in the License Event Notification Service program, and undergo appropriate driver instruction to ensure safe operation of said vehicle(s).  The College administration will be responsible for the development of and periodic update of procedures setting forth guidelines to be followed and shall ensure that such procedures are consistent with applicable SUNY requirements.

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2020 Workplace Violence Prevention (approved 11.21.11)

Mohawk Valley Community College is committed to providing an environment free from threatening behavior and acts of violence.  The College will not tolerate violence or threatening behavior of any type, from any source including MVCC employees, students, partners, or the general public visiting MVCC property. MVCC will respond promptly to any threats, acts of violence or acts of aggression that occur on our campus. 

Employees who commit a violent act or threaten to commit a violent act may be subject to corrective or disciplinary action, up to and including termination, in accordance with existing collective bargaining unit agreements, and shall be prosecuted to the full extent of the criminal laws.  Any individual who makes a substantial threat, exhibits threatening behavior or engages in violent acts on College property shall be subject to removal from the premises as quickly as safety permits.  Procedures are found at (link) or on file in the Human Resources office.
 

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2021 Smoking (approved 11.21.11)

Smoking is prohibited in all buildings on both Utica and Rome campuses, as well as all MVCC campus outdoor areas so designated.

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2022 Excluded Administrative Staff (approved 11.21.11)

A. Grievance Procedure

Excluded Administrative Staff grievances will be addressed promptly and equitably at the lowest possible administrative level.  The documented procedures to be followed, in this regard, are published at (link) and on file in the Human Resources office.

Individuals may request a review of termination or disciplinary action taken against them by presenting facts orally to their immediate supervisor's superior (in most cases, a Vice President or the President) within 30 calendar days of the action.  These actions will follow the established Grievance Procedure. 

B. Sick leave donation

The College will establish and maintain an Administrator Sick Leave Donation program, providing a means to fundamentally assist Excluded Administrative Staff from being subject to loss of income during an extended absence from work.  The procedures prescribed for this program are published at (link) and on file in the Human Resources office. 

C. Reversion

Excluded Administrators, with prior continuing or career appointment, are eligible to return to a continuing or career appointment position previously held within the College, following established procedures.

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2022/A Excluded Administrative Staff Sick Leave (approved 9.16.13)

Each excluded administrative staff member shall accrue and utilize accrued sick leave in accordance with College procedures which are available in the Human Resources Office.  

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2023 Retiree Health Insurance (approved 9.16.13)

Excluded Administrative Staff who retire from the College with a minimum of ten (10) years of service, and who are at least fifty-five (55) years of age, shall be eligible for retiree health insurance coverage in accordance with College procedures.
All other eligible retired employees will first receive health insurance benefits under the conditions specified in the appropriate collective bargaining agreement.  If no such conditions are specified in the appropriate collective bargaining agreement, or once they are exhausted, those retired employees who are or become Medicare eligible will be enrolled in the available College retiree health insurance plan.  
 

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