Board of Trustees Personnel Policies
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- 2001 Enforcement of Policies (approved 11.21.11)
- 2002 Search and Hiring (approved 11.21.11, revised 4.20.15)
- 2003 Employment of Close Relatives (approved 11.21.11)
- 2004 Conflict of Interest (approved 11.21.11)
- 2005 Whistleblower Policy (approved 11.21.11)
- 2006 Solicitation of Funds (approved 11.21.11)
- 2007 Emeritus Status & Distinguished Retiree (approved 11.21.11, amended 3.18.13)
- 2008 Drug Free Workplace (approved 11.21.11)
- 2009 Family and Medical Leave Act Policy (approved 11.21.11)
- 2010 Representing the College (approved 11.21.11)
- 2011 Attendance at Commencement (approved 11.21.11)
- 2012 Sales to Students (approved 11.21.11)
- 2013 Equal Opportunity, Affirmative Action (approved 11.21.11)
- 2014 Anti-Discrimination and Anti-Harassment (approved 11.21.11, revised 12.19.16, revised title 6.25.18, revised 1.22.19)
- 2015 Sexual Harassment (approved 11.21.11)
- 2016 Other Employment for Full-Time Employees (approved 11.21.11)
- 2017 Academic Freedom (approved 11.21.11; revised 4.16.16)
- 2018 Intellectual Property Rights - Ownership and Control (approved 11.21.11)
- 2019 Use of College Vehicles (approved 11.21.11)
- 2020 Workplace Violence Prevention (approved 11.21.11)
- 2021 Excluded Administrative Staff (approved 11.21.11)
- 2021/A Excluded Administrative Staff Sick Leave (approved 9.16.13)
- 2022 Retiree Health Insurance (approved 9.16.13, revised 10.15.18)
- 2023 Resignations (approved 3.9.15)
- 2024 Discipline (approved 3.9.15)
- 2025 Sabbatical Leave (approved 3.9.15)
- 2026 Alcohol and Controlled Substances in the Workplace (approved 4.20.15)
- 2027 Employee Enrichment and Professional Development (approved 11.21.16)
- 2028 Employee Recognition (approved 11.21.16)
- 2029 Assembly, Picketing, and Demonstration (approved 12.17.18)
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.
The Board of Trustees shall adopt a proposed College Staffing Plan annually in conjunction with the College’s budget. The staffing shall include but is not limited to, all proposed budgeted position titles and applicable position number.
The President shall make recommendations for appointment to the Board of Trustees in accordance with the College’s Hiring Process (link).
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
Mohawk Valley Community College is committed to fostering a diverse community of faculty, staff, and students, as well as ensuring equal educational opportunity, employment, and access to services, programs, and activities.
Mohawk Valley Community College acknowledges and provides assurance to compliance with The Civil Rights Act of 1964 as signed into law July 2, 1964 by President Lyndon Johnson.
Pursuant to H.R. 7152 of the 88th Congress of the United States of America and U.S.C. §2000D, Mohawk Valley Community College maintains compliance with Title VI Nondiscrimination in Federally Assisted Programs. Title VI §601: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Under the FMCSA Title VI Program, additional related non-discrimination authorities prohibit discrimination based upon sex, age, disability, income-level, and limited English proficiency (LEP).
Mohawk Valley Community College further extends this commitment and does not discriminate on the basis of religion, creed, sex, age, disability, gender identity, sexual orientation, pregnancy, predisposing genetic characteristics, domestic violence victim status, marital status, military status, criminal conviction or retaliation for opposing unlawful discrimination practices. 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. In addition, Mohawk Valley Community College is committed to complying with 49 Code of Federal Regulations (CFR) Part 21 and 49 CFR Part 303 as well as the related Nondiscrimination authorities identified in the FMCSA Title VI Program Assurance, which has been signed by the Mohawk Valley Community College President. See the following link.
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.
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.
The College endorses the principle of Academic Freedom, 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 topics in the classroom. It is the policy of MVCC to maintain and encourage full freedom, within the law, of discussion, inquiry, teaching, research, curriculum and program development, and evaluation and assessment. In the exercise of this freedom, faculty may, without limitation, discuss their subjects and contextual material in the classroom. In their roles as citizens, faculty have the same freedoms as other citizens. However, in their extramural utterances, they have an obligation to indicate that they are not speaking for the institution. The College may invite outside speakers representing diverse points of view. In return, it reserves the right to insure that opportunity be provided to challenge these views.
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.
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.
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.
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.
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.
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.
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 those benefits are exhausted, those retired employees who are not yet Medicare eligible will be enrolled in the same health insurance (medical and dental) plans as Excluded Administrative Staff, or when the retired employee become Medicare eligible will be enrolled in the College’s prevailing group Medicare plan.
Resignations will be reported to the Personnel Committee at least once a semester or as otherwise deemed necessary.
The College reserves the right to issue discipline to an excluded administrative staff member. Discipline may occur when an excluded administrative staff member violates applicable laws, policies and procedures and/or fails or refuses to perform the functions of their position as provided for in their job description or as otherwise directed. The College may place an excluded administrative staff member on administrative leave with or without pay and/or terminate employment. The process for discipline is available at the following link or in the Office of the President.
Sabbatical leave for professional development may be made available to Excluded Administrative Staff upon recommendation of the President and as authorized by the Board of Trustees. Sabbatical leave may be granted for planned travel, study, formal education, research, writing or other experiences of professional value. Eligibility guidelines and procedures are available at the following link or on file in the Human Resources Office. Sabbatical leaves for other employees are defined in the appropriate collective bargaining agreement and are available in the Human Resources Office.
Use and abuse of alcohol and drugs has a detrimental effect on the productivity, attendance, and health of our College community. As a public employer, we must protect the safety and welfare of all members of our College community.
It is the policy of the College that employees will be subject to criminal, civil and disciplinary penalties if they distribute, sell, attempt to sell, possess or purchase controlled substances while at the workplace or while performing in a work-related capacity. Such illegal acts, even if engaged in off duty, may result in disciplinary action. Where permitted, an employee may possess and use a controlled substance which is properly prescribed for him or her by a physician.
The Mohawk Valley Community College Board of Trustees recognizes the ever-changing nature of society and the complex environment in which the College operates. As such, the Board is committed to a comprehensive employee enrichment and professional development program. The President shall oversee and facilitate a program that provides opportunities for faculty and staff to update their skills, gain exposure to emerging trends, and share common learning experiences to strengthen the individual talent and the sense of a collaborative and affirming community at the College.
The Mohawk Valley Community College Board of Trustees is committed to a comprehensive employee recognition program. The President shall oversee and facilitate a program of recognition that encourages excellence, innovation, teamwork, and commitment to students, community, and the organization as a whole.
Free speech and peaceful assembly are fundamental to the purpose of a College as a center for open inquiry in the search for knowledge and insight. Mohawk Valley Community College is strongly committed to the protection of these rights. However, these rights bring with them a concurrent obligation to maintain an atmosphere conducive to scholarly pursuits and respect for the rights of all individuals. Guidelines outlining the rule, applicability, and procedures regarding assembly, picketing, or demonstrating on College property are available at the following link.