Administrative Procedures for Personnel
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- 2002 Search and Hiring Procedures
- 2003 Employment of Close Relatives
- 2005 Whistleblower Policy
- 2007 Emeritus Status
- 2009 Family and Medical Leave Act Policy
- 2014 Anti-discrimination and Harassment
- 2015 Sexual Harassment
- 2020 Workplace Violence Prevention
- 2022-A Excluded Administrative Staff Policies
- 2025 Discipline
Mohawk Valley Community College Hiring Process for External Candidates – Full-time Positions (December 2014)
Phase 1: Gathering a Diverse Pool of Candidates and Forming a Screening Committee
Job description has been created, confirmed, and funding status has been established
Board of Trustees (BOT) approves position to be filled based upon Cabinet recommendation
Hiring Supervisor creates posting in applicant system. Posting must include:
- Required and preferred qualifications in accordance with job description, and at least one qualifying question
- Proposed screening committee membership, to be reviewed by the President – department, center, discipline personnel must be included as appropriate. Availability of screening committee members shall be considered.
- Suggested ad and advertising plan that attracts diverse pool of candidates (please contact HR for advertising deadlines)
- Posting forwarded to Cabinet member and/or President for approval
Applicant System gathers applications, resumes and cover letters for review by the Screening Committee
Chair schedules initial meeting with Screening Committee, Hiring Supervisor and Director of Human Resources to discuss position requirements and screening process, schedules meetings and appointments using College calendar and meeting software.
*An “internal candidate” for purpose of recruitment during an external search, refers to a current College employee (excluding student assistants, work study or like position), including the Dormitory Corporation, Auxiliary Services, and Bookstore, who meets the minimum qualification in the official job description and posting.
Phase 2: Screening Candidates (suggested completion time - Two (2) weeks)
Screening Committee reviews applications, resumes and cover letters in applicant system and identifies first those that meet the required qualifications and second those who meet required and preferred qualifications (found in job description, posting and/or ad) and ranks each candidate in the applicant system
Screening Committee members shall not download applicant data for storage on any devices, but may print resumes and cover letters and then shred in a secure location
Chair runs report in applicant system to tally up screening committee members ranking and to identify desirable candidates
Screening Committee develops questions and rubric for interviewing utilizing any questions provided by the hiring supervisor
Screening Chair contacts selected candidates regarding preliminary interview and confirms interest at the current base salary and benefit level
- Screening Committee conducts preliminary interviews consistently for candidates using job related questions only, if applicable
- Screening Committee communicates and assesses soft skills – communication, behavioral, interpersonal, etc. using job related questions only
- Screening Chair may contact candidates to assess ongoing interest
Hiring supervisor may concurrently review applicants and make recommendations to committee
Phase 3: Formal Interview of Candidates and Committee Recommendations (suggested completion time - Three (3) weeks)
Screening Committee Chair contacts candidate(s) to arrange for formal interview which may require one or two College visits depending on distance/location, size of applicant pool and lead time
- Screening Committee Chair communicates status of application with non-finalists
- HR makes arrangements for out of area/state candidate accommodations
- Screening Committee interviews candidates and ensures process is positive and comfortable (escort, beverage, directions, maps, schedule with names of participants, website, parking, etc.)
- Interview may include presentations and/or open forum with questions.
- Screening Committee Chair presides over open forum and advises open forum participants that questions asked during open forum are to appropriate job related questions only.
- Screening Committee members, hiring supervisors and others involved in the interviewing of applicants are discouraged from gathering information about the applicants through the Internet or social media
- Final candidates meet with Hiring Supervisor, Vice President, appropriate Executive Cabinet member and other constituencies as appropriate
- Campus tour
- Human Resources – benefits review
Screening Committee Recommendations
- Provides written strengths and weaknesses for finalists, enter into College applicant system, and provide to Hiring Supervisor for review
- Strengths and weaknesses shall only include information about the applicant’s qualifications related to the position, and shall not contain personal information the applicant may share with the committee
- Any concerns the screening committee may have about the applicant’s ability to perform the essential functions of the position other than qualifications as listed in the posting, shall be provided to Human Resources for follow up with the candidate.
Phase 4: Selection of Finalists (suggested completion time - Two (2) weeks)
- Reviews written strengths and weaknesses
- Discusses finalists with Screening Committee Chair
- Hiring Supervisor and Chair may initiate a 360 degree review of candidates that may include, but is not limited to, screening committee members and others involved in the process (Optional)
- Discusses finalists with appropriate Executive Cabinet Member
- Checks references using College reference checking guidelines
- Discusses final salary offer with Director of Human Resources
Phase 5: Employment Offer, Criminal Background Check and Board of Trustee Approval (suggested completion time - Two (2) weeks)
Hiring Supervisor or Executive Cabinet Member
- Offers position contingent upon criminal background check and BOT approval at the pre-determined salary
- Notifies Screening Committee and Human Resources of acceptance of position, salary and start date
- Human Resources runs criminal history check
- Notifies other finalists not selected
Human Resources prepares BOT resolution
Human Resources prepares and sends out appointment letter upon BOT approval
Human Resources closes out posting in applicant system
Mohawk Valley Community College, in order to further its mission, must endeavor to employ the most qualified individuals available. In addition, all employees should avoid conflicts of interest that might challenge their duty while at work to promote the best interests of the MVCC community Therefore, employees shall neither directly initiate, participate in, nor influence institutional decisions involving a direct benefit to a close relative. A direct benefit shall be defined as including decisions affecting initial appointment, retention, performance review, promotion, salary, leave of absence, or any other benefit affecting a close relative. Employees may not supervise, at any level, a close relative. For the purposes of this policy, members of the MVCC Board of Trustees are considered employees of the college; they shall be restricted to the same parameters regarding such institutional decisions.
For purposes of this policy, a “close relative” refers to a person related consanguineously ("blood relatives") and to a person related by affinity (“relatives by marriage"). This includes spouses, the employee’s or the spouse’s children, parents, grandparents, great-grandparents, brothers, sisters, half-brothers and half-sisters, grandchildren, great-grandchildren, aunts, uncles, nieces, nephews, first cousins, first cousins once-removed and persons married to them, including adopted, step, and foster relationships, or anyone serving in such a relationship. A close relationship is also considered to exist when there is a committed relationship and/or the persons share the same household.
An employee or prospective employee must report the existence of a close relative relationship, as described above, to the Human Resources Department as soon as a potential conflict is first known. The Employment of Close Relatives policy described herein shall not apply to close relatives who already occupied positions prior to the adoption of this resolution, where such employment would be prohibited by this policy; but it shall apply to these positions and these persons if any reclassification, change in assignment or other significant personnel action occurs. Exceptional circumstances may be reviewed by the Director of Human Resources, the President, and/or the Board of Trustees.
The College maintains an open door policy and suggests that employees share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee’s supervisor is in the best position to address an area of concern. However, if an employee is not comfortable speaking with his or her supervisor about a possible violation, or is not satisfied with the supervisor’s response, or if the person is not an employee, such person is encouraged to speak with the Director of Human Resources or any administrator with whom the person feels comfortable discussing the issue. Supervisors and managers are required to report suspected violations to the College’s Director of Human Resources, who has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when the forthcoming employee is not satisfied or is uncomfortable with the open door policy, the Director of Human Resources should be contacted directly.
The Director of Human Resources is responsible for investigating and resolving all reported complaints and allegations concerning violations and, at the Director’s discretion, shall advise the President and, as appropriate, the Board of Trustees Audit and Finance Committee. The Director of Human Resources has direct access to the Audit and Finance Committee and is required to report to this Committee at least annually on compliance activity. If the forthcoming employee is not comfortable speaking with the Director of Human Resources or, if the Director is not available, the employee may contact the President or Vice President of Administrative Services. In unusual circumstances, the forthcoming employee may contact the Chair of the Audit and Finance Committee.
ACCOUNTING AND AUDITING MATTERS
The Audit and Finance Committee of the Board of Trustees shall address all reported concerns or complaints regarding College accounting practices, internal controls or auditing. The Director of Human Resources shall immediately notify the Committee of any such complaint and work with the committee until the matter is resolved.
No officer or employee who in good faith reports a violation shall suffer harassment, retaliation or adverse employment consequence because of such filing. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy and procedure are intended to encourage and enable employees and others to raise serious concerns within the College rather than seeking resolution outside the College.
ACTING IN GOOD FAITH
Anyone filing a complaint concerning a violation or suspected violation must act in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove to have been made maliciously or knowingly to be false will be viewed as a serious offense and may result in disciplinary action.
Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
HANDLING OF REPORTED VIOLATIONS
The Director of Human Resources will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.
Emeritus/Emerita or Distinguished Retiree are honorary titles awarded for distinguished service to the academic community.
All full-time employees of MVCC are eligible for consideration for recognition of their contributions to the College upon retirement. Such recognition is conferred by the Board of Trustees. The Trustees may waive any of the criteria in favor of a retiree of exceptional merit.
There shall be two honorary titles: “Emeritus/Emerita” or “Distinguished Retiree”. Administrators with titles Director and above (including all exempt administrators) who have achieved level III status or higher; all faculty who have achieved the rank of associate professor or higher; and all professional staff who have achieved the rank of level III or higher in their position at the time of retirement are eligible for Emeritus/Emerita title. All other staff are eligible for the Distinguished Retiree title. The Emeritus/Emerita title will be preceded by administrative position title at the time of retirement, Professor, or Professional Staff as appropriate.
To be eligible for recognition, a retiree must meet the following criteria:
• Have a minimum of ten years contiguous full-time service at MVCC
• Have retired in good standing
• Have a demonstrated record of meritorious service to the College
Other criteria which should be considered depending on a retiree’s title are:
• The final rank for those who are eligible for promotion
• Consistent service to the College above and beyond the job description
• Consistent service to students
• Consistent fulfillment of professional responsibilities outlined in the job description
• Scholarship or volunteer service within the nominee’s professional field
• Continuous professional development or service to others through professional development
Nominations may be made by any member of the College community. Such nominations are to be made to the retiree’s immediate supervisor and should document how the nominee meets the criteria set forth above. Such nomination will normally be made within three years of retirement.
The supervisor will forward the nomination with the supervisor’s recommendation and justification through the administrative organization until the nominations and justifications reach the appropriate Vice President. The Vice President will review the recommendations, justifications, and the retiree’s personnel file. The Vice President will then forward a recommendation with justification to the President.
The President will review the nominee’s file and make a recommendation to the Board of Trustees for their final decision. Nominees who are being recommended to the Board for recognition and who have held multiple titles, except for promotion in academic rank, will be asked which title they wish used. Those involved in the nomination process including the nominee will be notified of the final outcome.
• Participation in academic processions.
• Use of the College library.
• College ID identifying the person as a “Emeritus/Emerita” or “Distinguished Retiree.”
• College employee fee for cultural events.
• Use of recreational/athletic facilities without cost.
• College e-mail account.
• Parking privileges in an appropriate gated lot as space allows.
• Listing in the College Catalog.
• Invitation to all Distinguished Retiree, Emeritus, and retiree events held by the College.
• Use of complimentary box of business cards with Emeritus or Distinguished Retiree title.
In accordance with the Family and Medical Leave Act of 1993, Mohawk Valley Community College will grant an eligible employee up to 12 weeks of unpaid, job-protected leave for the following reasons:
1 For incapacity due to pregnancy, prenatal medical care or child birth;
2 To care for an employee’s child after birth, or placement for adoption of foster care;
3 To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
4 For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render this service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Leave as provided by the Family and Medical Leave Act and as stated in these policies and procedures may be available under the appropriate collective bargaining agreements, Policies of the MVCC Board of Trustees, or Oneida County Personnel Rules. Only leave taken in accordance with the Family and Medical Leave Act and these policies and procedures will be designated FMLA leave and will qualify for the benefits provided by the law.
Coordination with Collective Bargaining Agreements, Policies Of The MVCC Board Of Trustees, Or Oneida County Personnel Rules. Where provisions of any of these documents exceed those of these policies and procedures (e.g., sick leave may be used to care for people other than those listed in this policy), the provisions of the other document will prevail. However, such leave will not be FMLA leave. Where an employee is eligible for and is granted more than 12 weeks leave, only the first 12 weeks will be FMLA leave.
Where the provisions of any of these documents exceed with these policies and procedures (e.g., sick leave may be used only for personal illness and not to care for others), the provisions of that document will prevail.
The 12-month period measured forward from the date any employee's first FMLA leave begins. An employee will be informed by Human Resources of the amount of available FMLA leave when the employee applies for FMLA leave.
Eligible Employee Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months.
Spouses A husband and wife who are eligible for FMLA leave are permitted to take only a combined total of 12 weeks of FMLA leave during any 12-month period if the leave is taken for the birth of a son or daughter or to care for the child after birth, the placement of a son or daughter for adoption or foster care, or to care for the child after placement, or to care for a parent (but not a parent-in-law) with a serious health condition. If one spouse is not eligible for FMLA leave, the other is entitled to the full 12-week FMLA leave. Where a husband and wife both use a portion of the total 12-week FMLA leave for the above purposes, each is entitled to the difference between the amount taken individually and 12 weeks for leave for other FMLA purposes.
Intermittent Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable effort to schedule leave for planned medical treatment so as not to unduly disrupt MVCC’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Leave may be taken to cover absences in increments of no less than one hour.
A. Spouse means a husband or wife as defined or recognized under New York State law for purposes of marriage.
B. Parent means biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law.
C. Son or daughter means 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.
Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirements may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Paid Leave Employees are required to substitute any accrued earned leave (vacation, personal, compensatory, or sick as appropriate) for unpaid FMLA leave. The period of paid leave will be deducted from the unpaid FMLA leave available under these policies and procedures. Sick leave may only be used for the purposes specified in the appropriate collective bargaining agreement or Board of Trustees Policies.
Health Insurance An employee granted FMLA leave will continue to be covered by the employee's health insurance plan under the same conditions as before the employee went on leave. The employee is required to continue to pay any employee portion of health insurance coverage which the employee normally paid before the leave. If the employee is utilizing accrued and available leave time, the normal amounts will be deducted from the employee's paychecks. If the employee is on unpaid leave, the employee must pay such amounts monthly by check payable to MVCC Health Insurance sent to Human Resources. Employee contribution amounts are subject to any change in rates which occurs while the employee is on leave.
If an employee fails to make the required payments for health coverage within 30 days, MVCC may decide in its sole discretion to terminate coverage. If MVCC pays the employee contributions, the employee will be required to reimburse MVCC for the contributions upon return from leave.
If an employee fails to return from FMLA leave for reasons other than the continuation of a serious health condition of the employee or a covered family member which would entitle the employee to FMLA leave, or circumstances beyond the employee's control, or does not return for at least 30 days, the employee must reimburse MVCC for the employer contributions made while the employee was on unpaid leave. The obligation to reimburse MVCC for any employee contributions made remains. Certification of the reason why the employee did not return is required within 30 days of the end of the leave.
If leave continues beyond the 12-week FMLA leave because of provisions of collective bargaining agreements, Policies of the Board of Trustees, or Oneida County Personnel Rules, health insurance will be provided and paid for under the terms of those documents.
Other Benefits Other benefits while on leave will be provided as specified in the Policies of the MVCC Board of Trustees, collective bargaining agreements, or Oneida County Personnel Rules, as appropriate.
Reinstatement On return from FMLA leave, the employee will be returned to the same position held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
The employee's restoration rights are the same as they would have been had the employee not been on leave. Thus, if the employee's position would have been eliminated or the employee would have been terminated but for the leave, the employee would not have the right to reinstatement. Examples of such situations would be a term or grant-funded appointment which has ended, a provisional appointment when a list is established and MVCC is required by Civil Service Law to appoint someone else, non-renewal of probationary appointment, retrenchment or layoff.
If the employee is unable to perform the duties of the position because of physical or mental condition, including continuation of a serious health condition, reinstatement will be governed by Board of Trustees Policies, collective bargaining agreements, Oneida County Personnel Rules, applicable New York State and federal laws, including the Americans with Disabilities Act, as appropriate.
Key Employee Exception If an employee has gross income that is within the top 10% of the College's employees, the College may deny reinstatement to the position held before FMLA leave if the reinstatement will result in substantial and grievous economic injury to the College. An employee will be informed at the time of application for FMLA leave if the employee is in the top 10% and if reinstatement will be denied.
Request For Leave
Employees must provide 30 days advance notice of the need to take FMLA when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the employer’s normal call in procedure.
Submit an Application for FMLA Leave form to Human Resources. Since it is MVCC's responsibility to designate leave as FMLA leave, you must provide sufficient information at the time of the request for MVCC to make that determination. You will also need to submit a Certification by your physician or health care practitioner or other documentation supporting the request for the leave, as appropriate. If an employee fails to provide in a timely manner a requested medical certification to substantiate the need for the leave, MVCC may at its sole discretion deny FMLA leave until the employee submits the certification. If an employee fails to provide fitness-for-duty certification to return to work, if appropriate, MVCC may in its sole discretion not allow the employee to return until the certificate is submitted.
Limitations Except as otherwise stated, these policies and procedures are not intended to create any rights greater than those conferred on employees by the Family and Medical Leave Act of 1993, collective bargaining agreements, Policies of the MVCC Board of Trustees, or Oneida County Personnel Rules. Any benefit or condition of employment which has been discontinued for other employees will not be reinstated upon the employee's return from leave.
Discrimination Complaint, Harassment & Sexual Harassment
(Sexual Assault & other Sexual Misconduct, Title IX) Policies
MVCC is committed to equal opportunity in educational programs, admissions and employment. It is the policy of Mohawk Valley Community College to provide equal opportunity for all qualified applicants, students and employees; and to prohibit discrimination on the basis of race, color, sex, religion, national origin, ancestry, age, disability, marital status, sexual orientation, criminal record or veteran status. The college’s Affirmative Action Officer and Title IX Coordinator is the Executive Director of Human Resources, Room 113 of the Academic Building, Utica Campus, telephone 792.5496. Coordinator of Disability Services and Section 504/ADA Coordinator is Tamara Mariotti, Room 153 of the Academic Building, Utica Campus, telephone 792.5413(V/TTY).
Note: Complaints that are harassment related between students are held to the process outlined by the Student Code of Conduct
The Board of Trustees of Mohawk Valley Community College has adopted the following policy statements:
- Anti-Discrimination and Affirmative Action as Related to Admissions. Educational Programs and Activities, and Equal Employment Opportunity.
- Sexual Harassment: 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.
Mohawk Valley Community College 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 status, sexual orientation, criminal record, or veteran status, with respect to admissions, educational programs, employment, and campus life.
A. Discrimination occurs whenever a person is denied equality of opportunity because of race, creed, color, sex, religion, national origin, ancestry, age, disability, marital status, sexual orientation, criminal record or veteran status.
B. Sexual harassment, sexual assault, and sexual misconduct are forms of discrimination, which destroys the working and learning environment for employees, guests and students and prevents the development of trust. Sexual harassment is: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of employment, academic pursuit, or;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or;
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or learning environment, or;
- Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions, or;
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating an intimidating, hostile, or offensive environment.
This procedure is provided for investigating complaints alleging any unlawful discrimination in the programs, policies, or practices of Mohawk Valley Community College or its affiliated agencies. The procedure may not be used for complaints involving matters over which the College has no control, such as Civil Service rules and regulations. Any person (student, employee, or visitor) who receives College programs and services may use the procedure.
This procedure is intended to comply with and serves as the grievance procedure required under regulations implementing Title IX of the Education Amendments (prohibiting discrimination based on sex); Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (prohibiting discrimination based on disability); Title VI of the Civil Rights Act (prohibiting discrimination based on race or national origin). This procedure also provides a mechanism for the internal investigation of all claims of discrimination or harassment under any applicable statute or College policy, including Title VII of the Civil Rights Act of 1964, the Veterans Re-employment Act, and the Americans with Disabilities Act.
MVCC’s Affirmative Action Officer and Title IX Coordinator is the Executive Director of Human Resources. The College’s Section 504 Coordinator and ADA Coordinator is the Coordinator for Disability Services.
- Complaints of sexual harassment may be made to either the Vice President for Student Affairs or the Associate Dean for Student and Residence Life. Either may disqualify her or himself from serving, in which case the two administrators will appoint another member of the staff as an alternate.
- All other complaints of discrimination are to be made to the Executive Director of Human Resources, except that a complaint alleging discrimination by the Executive Director of Human Resources shall be made to the Vice President for Student Affairs.
- Retaliation for filing a complaint or for answering questions during the investigation of a complaint will not be tolerated and will result in appropriate disciplinary action. The College will make every possible attempt to insure confidentiality and to limit access to information about the complaint to those with a need to know. All complaints will be investigated, and appropriate action will be taken if an individual has violated these policies. The complaint should be made within thirty calendar days following the alleged discrimination or within thirty calendar days following the date on which the complainant first knew or reasonably should have known of the alleged discrimination.
This timetable, like all timetables in this procedure, is intended as a guideline. Complaints will be investigated and resolved expeditiously, but since each case is different each will require its own unique timetable.
The administrator to whom the complaint is made will listen to the complaint as soon as possible, preferably within 24 hours. The administrator will discuss complaint procedures, the complaint itself, informal remedies such as mediation, and formal investigation. Serious allegations will be investigated even if the complaint is oral and the complainant does not want them to be. The complainant and the respondent may have an advisor of their choice. Such advisor shall not ask questions, speak on the individual’s behalf, or otherwise participate in the meeting beyond providing advice to the individual.
Informal Resolution: If the complainant chooses an informal resolution, the administrator will meet with the respondent to attempt to work out an informal resolution acceptable of these procedures, an oral statement of the complaint, and may have an advisor from within the College community as defined above. If a solution is reached, the administrator will recommend to the President or designee that it be adopted. The case will be considered resolved if the President or designee accepts the recommendation. Written records of the case will be maintained in the Human Resources Office. Such records normally will not be included in personnel files unless disciplinary action occurs. There is no reconsideration of an Informal Resolution.
Formal Resolution: If the administrator is unable to reach an informal resolution or if the complainant or respondent want a formal investigation, the administrator will conduct a formal investigation to the complaint. At this point the complaint will be put in writing. The complaint shall indicate the nature of the discrimination (e.g. race, sex, sexual harassment), names of people involved, an explanation of what took place, why the complainant believes the event was discriminatory, and shall be signed by the complainant. The administrator and the complainant shall decide if the complaint will be written by the complainant or will be written by the administrator from notes of meetings with the complainant.
If necessary, the administrator may re-interview the complainant and respondent, who may have an advisor, as defined above, present. The administrator may interview any other members of the college community and shall have access to any files and documents necessary for investigating the complaint. The complainant, respondent, witnesses, supervisors, and others are expected to cooperate with the investigation. Failure to do so may result in disciplinary action or adverse inferences.
Within 10 working days of the conclusion of the investigation, the administrator shall send a written report of the formal investigation to the President of the College or designee, which shall include, as a minimum, a statement of the complaint, the administrator’s determination, and a recommendation for further action. The President or designee shall issue a decision within 10 working days of receipt of the report. The administrator will meet with the complainant and the respondent to communicate the President or designee’s decision.
Either complainant or respondent may file a written request with the President or designee for reconsideration within 10 working days of the meeting with the administrator. Such request shall include, as a minimum, the reasons why the President or designee should re-consider the decision, and a proposed resolution. There shall be no appeal from re-consideration by the President or designee.
If disciplinary action is necessary, it will be taken according to Board of Trustees Policies, collective bargaining agreements, Civil Service regulations, or the Student Disciplinary procedure as appropriate.
Incidents of workplace violence or threats of workplace violence are not to be ignored by any member of the College. Workplace violence or threats of workplace violence must be promptly reported to the appropriate College official:
1. Any person subjected to, or witnessing, an act of violence should immediately contact Mohawk Valley Community College Public Safety Department (MVCC PSD) at 5777. (MVCC PSD calls 911 as necessary.)
2. Any person subjected to, or witnessing a threat involving violence in the workplace should immediately contact the MVCC PSD at 5777.
3. Any person suspecting a violation of the Workplace Violence Prevention Policy should report the suspicion to his or her supervisor or contact the MVCC PSD at 5777.
A. MVCC will disseminate to all employees a statement regarding all acts of violence, including domestic violence. This statement will be posted in prominent locations accessible to College community members.
B. The College will provide information to all employees about services available through the Employee Assistance Program (EAP) including those designed to help employees deal with any issues related to workplace or family violence.
C. The College will regularly review the workplace environment and minimize, wherever possible, environmental factors which may expose our employees or other members of the College community to violent acts.
D. Employees with questions or complaints about workplace behaviors which fall under the policy may discuss them with their supervisor, a member of management, or with a representative from Human Resources. Concerns will be investigated and appropriate action will be taken. This may include disciplinary action for an employee, in accordance with respective bargaining agreements.
E. The College will provide Workplace Violence Prevention training to all employees at the time of hire. Training will be offered annually thereafter.
F. The College will develop a written Workplace Violence Prevention program, which will be accessible to all employees, upon request. The Workplace Violence Prevention Program will be maintained in the Office of Human Resources and the MVCC PSD.
G. MVCC will provide counseling services or referrals for employees, as appropriate.
A. All employees are responsible for helping to maintain a safe work and educational environment and are urged to take reasonable precautions to prevent violence and other unsafe conditions in the workplace and report indications of increased risk of violent behavior.
B. Employees are required to notify the MVCC PSD whenever an Order of Protection is granted which mentions College property or involves a College employee or other person working at the College. A copy of the Order shall be provided to the MVCC PSD. Appropriate efforts will be made to protect the privacy and sensitivity of the information provided. Employees must also notify their supervisor.
C. Those who are experiencing domestic violence and believe that the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in violence extending into the workplace, are encouraged to notify their supervisor, and the MVCC PSD. Confidentiality will be maintained to every extent possible.
D. All employees have an obligation to report any incidents of violence or threats of workplace violence to their supervisor and the MVCC PSD immediately. If an employee believes that imminent danger exists, they must contact the MVCC PSD immediately at 5777.
E. Any employee or representative of employees who believes that a violation of a Workplace Violence Protection Policy exists shall bring such matter to the attention of a supervisor. The supervisor will obtain, or assist employee with preparing, a written statement. If, following a written notice, the matter has not been resolved and the employee or representative still believes that a violation of a Workplace Violence Prevention Policy remains, or that an imminent danger exists, the employee or representative should contact one of the following:
1. MVCC PSD (if imminent danger exists) 5777
2. Director or Dean of the area in which the employee reports
3. Vice President of the Division
A. Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within his/her area of jurisdiction for the implementation of this policy.
B. Supervisors are required to contact the MVCC PSD immediately in the event of imminent or actual violence.
C. Supervisors are expected to:
1. Report to the MVCC PSD any complaint of workplace violence made to him/her or any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist.
2. Inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the MVCC PSD and immediate supervisor, the supervisor should keep the information confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings.
3. Report any knowledge of workplace violence to Human Resources Office or MVCC PSD immediately. Failure of a supervisor to initiate appropriate action may result in administrative action.
4. Mohawk Valley Community College Public Safety Department
A. The MVCC PSD is responsible for
1. Responding to,
2. Intervening in, and
3. Documenting incidents of violence in the workplace
B. The MVCC PSD will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee(s).
C. The MVCC PSD will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President or designee which specify the number, description and disposition of workplace violence incidents, and which recommend policy, training issues, or security procedures that should be implemented to maintain a safe working and learning environment.
D. Security Staff will be trained in workplace violence awareness and prevention, non-violent crisis intervention, conflict management, and dispute resolution.
E. The MVCC PSD will maintain a record of all received Orders of Protection.
5. Office of Human Resources
A. The Office of Human Resources is responsible for:
1. Assisting the Director of Public Safety and supervisors in responding to workplace violence,
2. Facilitating appropriate responses to reported incidents of workplace violence,
3. Notifying the MVCC PSD of workplace violence incidents reported to HR, and
4. Consulting with counseling services as necessary to secure professional intervention.
B. The Office of Human Resources is responsible for providing new MVCC employees with a copy of the Workplace Violence Prevention Policy, Procedure and documented written program, and insuring that employees receive appropriate training pursuant to NYS Labor Law 27b.
C. The Office of Human Resources will also be responsible for annually disseminating the policy and procedure to all employees, as well as posting the policy throughout the campus and on the College’s website, as appropriate. Every employee must sign for receipt of the policy and procedure upon publication or at orientation. Signed receipt will be placed in each employee’s personnel file.
Education and Prevention
In compliance with NYS Labor Law 27b, and in keeping with the College’s interest in making MVCC a safe living, working, and learning environment, the College will provide training to each new member of the organization as part of the orientation process. Employee training will include a comprehensive review of the Workplace Violence Prevention Policy, details about the written Workplace Violence Prevention Procedures, and information about methods to protect themselves from potential risks. Every employee must sign for receipt of the policy and procedure upon publication or at orientation. The signed receipt will be placed in each employee’s personnel file.
No Retaliation Clause
Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence, is a violation of the policy and will not be tolerated. MVCC will take appropriate formal disciplinary action, which can include penalties up to, and including, termination of employment in accordance with existing collective bargaining unit agreements for those found responsible for retaliatory action.
Employee Assistance Program
Every employee has the right to seek assistance through the Employee Assistance Program (EAP) to deal with any issues of violence, wherever they happen, including outside of the workplace. The College’s EAP offers a professional and confidential source of help for people who need assistance with personal problems or concerns. This service is available to employees and to their families. The program recognizes that employees are people first, and are subject to stress and pressures that affect their ability to be effective at work. Contact Human Resources for the number for the College’s EAP provider MVCA. Brochures are available in the Human Resources office and at new employee orientation. .
In addition to EAP, NYS Balance is available to employees who need assistance to cope with stressful situations. Employees are encouraged to contact NYS Balance at 1-800-320-4760 or to seek professional counseling services for assistance. NYS Balance can also be accessed at http://www.worklife.ny.gov/ Employees are also encouraged to utilize nonviolent conflict resolution through such organizations as the Peacemaker Program.
The College shall maintain the confidentiality of workplace violence to the extent possible. The College will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of the policy and that the safety and well-being of members of the College community would be served by such action.
The purpose of this procedure is to secure, at the lowest possible administrative level, a prompt and equitable solution to individual grievances of members of the administrative staff.
A. Grievance -- A "grievance" is an allegation by an administrator that he/she has suffered injury or damage because of a misinterpretation, misapplication or violation of Board Policies and/or administrative procedures.
B. Grievant -- A "grievant" is the excluded administrative staff filing a grievance.
C. Working Day -- A "working day" means a calendar day except a Saturday, Sunday or a scheduled holiday of recess observed by the college.
D. Advisor -- the grievant's "advisor" shall be the person selected by the grievant to provide advice, support and consultation at any point during the grievance process.
3. Steps in Grieving
Any grievance shall be presented through the following procedure, although the grievant is urged to discuss items informally within the department and/or with the immediate supervisor before filing a formal written grievance.
A. Step 1 -- Within thirty days after the event or occurrence giving rise to the alleged grievance, or within thirty days from the date on which the administrator should have reasonable knowledge of its occurrence, the grievant shall present the grievance in writing to the appropriate Dean, Vice President or equivalent position. The statement of grievance shall include:
i. The name of the aggrieved party
ii. A statement of facts upon which the grievance is based
iii. Identification of all provisions of Board policy or administrative procedures alleged to be violated
iv. The date on which the event or occurrence first occurred
v. Such other information which the grievant deems relevant
vi. The remedy or relief requested
The immediate supervisor shall conduct an investigation, may hold a conference and render a decision to the grievant in writing within five working days after receipt of this grievance. In cases where the grievant reports to the President, the initial filing shall be at Step 2.
B. Step 2 -- In the event the aggrieved party is not satisfied with the decision at Step 1, he/she may within five working days of receiving the decision, present an appeal in writing to the President. With this appeal shall be included a copy of the original grievance and the replies received in Step 1. The President or authorized representative shall conduct an investigation and hold a conference within ten working days after receipt of the appeal. Participants in the conference will include the campus President, and the grievant and may include the appropriate supervisor, the grievant's advisor, and such other persons requested by either administration or the grievant. The President or an authorized representative shall render a final decision and the reasons for that decision, in writing, within ten working days after the conference.
4. Failure to Render a Decision or to Appeal
Failure to render a decision at any step of this procedure within the specified time limits, shall permit the grievance to proceed to the next step.
Failure of the aggrieved party to appeal a decision at any step within the specified time limits shall constitute a termination of the grievance,
The time limits specified in this policy may be extended by mutual written agreement.
5. Grievance Level
The initial filing of the grievance should occur at the lowest appropriate administrative level at which a recommendation or action has been initiated or occurred leading to the grievance.
No reprisals of any kind shall be taken by the Board or by any member of the administration against a staff member because of his/her participation in this grievance process.
7. Separate Grievance File
All documents, communications and records dealing with the processing of a grievance, shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
8. Meetings and Hearings
All meetings and hearings under this process shall not be conducted in public and shall include only the parties and their designated counsel, as well as necessary witnesses. All meetings or hearings will be scheduled so as to not interfere with the grievant’s work schedule.
9. Withdrawal of Grievance
A grievance may be withdrawn, in writing, at any time without prejudice or precedent.
Before discipline is issued, the supervisor of an excluded administrative staff member may consider issuing a non-disciplinary counseling memo to address the violation.
Discipline of an excluded administrative staff member may include, but is not limited to, a warning or reprimand and shall be issued in writing upon review by the President, Executive Director of Human Resources or designee.
The excluded administrative staff member being disciplined may request clarification on the notice of discipline within ten (10) working days of receipt of the discipline, and may also provide a written response to the discipline to be placed in their human resources file.
An excluded administrative staff member may be placed on administrative leave and/or may be terminated as approved by the President or designee.