Board Policy: Section 5000 - Human Resources - Board Policies

5000 Human Resources

5000 Introduction to Human Resources Policies

5001 Terminology
5002 Public Employment Labor Relations Act (PERA)
5003 Nature of Employment for Administrators
5005 Independent Contractors
5006 Volunteers
5007 Corrective Discipline
5008 Board/Employee Communications

5100 Compensation and Benefits

5100 Compensation
5101 Employee Assistance Program (EAP)
5102 Deferred Compensation
5103 Reimbursement of Employee Expenses
5104 Emeritus
5105 Benefits Related to Employee Disability or Death

5200 Equal Educational Employment Opportunity (EEO)/Non-Discrimination

5201 Sexual Harassment
5202 Other Harassment
5203 Veterans and Military Personnel

5300 Labor and Employee Relations

5300 Recognition of Bargaining Units, Board Negotiating Agents, Contract Approval, Contract Administration, Staff Job Action
5305 Employee Recognition

5400 Records

5400 Maintenance of Records
5401 Access to Employee Records
5402 Serving as a Reference for Current or Former College Employees
5403 Social Security Number Privacy

5500 Safety

5500 General
5501 Life Threatening Emergencies
5502 Communicable Diseases
5503 Weapons and Violence

5600 Staffing and Separations

5600 Management Role in Staffing and Separations
5601 Affirmative Action Plan
5602 Employment Procedure
5604 Position Control
5605 Nepotism

5700 Training and Development

5702 Employee Conferences and Workshops

5800 Working Conditions and Employee Conduct

5800 Employee Conduct
5801 Drug-Free Workplace/Controlled Substances
5802 Employee Wellness
5803 Smoking and Tobacco Use
5804 Political Activities
5805 Solicitation for Expenditure of Personal Funds
5806 Solicitations and Selling
5807 Inappropriate Relationships with Students
5808 Conflict of Interest
5809 Outside Activities of Employees
5810 Use of Equipment and Vehicles
5811 Use of Telecommunications Equipment, Computer Systems, Networks, and Facilities
5812 Ownership/Operations/Supervision of Network(s)
5813 Civility
5814 Diversity, Equity, and Inclusion

5000 Human Resources

5000 Introduction to Human Resources Policies

Section 5000 contains the Board’s policies regarding Human Resources. Faculty and staff are crucial to the success of the College.

The following basic policy statements apply:

The College’s mission can best be met in an atmosphere of open communication between all faculty and staff characterized by trust, mutual respect and understanding; where employees are empowered, assume initiative and responsibility; and where employees are active participants in helping the College change and are committed to personal growth and acquiring new skills to meet the needs of an evolving and dynamic institution.
The goal of Human Resources policies is to create the best educational climate for the students of the College.
These policies are not intended to create a contract, nor are they intended to constitute contractual obligations of any kind or a contract of employment between the College and any of its employees.
The Board reserves the right to revise, supplement, or rescind any policies or portion of these policies. These policies have been developed at the discretion of the Board, and may be amended or canceled by the Board at any time.
These policies supersede all existing policies and may not be amended without the express approval of the Board.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5001 Terminology

General: Employees at the College are referred to in several ways in these policies. For example, the term ‘faculty and staff’ includes all employees; the term ‘employee’ or ‘employees’ also refers to all faculty and staff. The term ‘faculty’ refers to employees covered by the Education Association labor agreement. The term ‘administrators’ is used to distinguish those employees who are not covered by a collective bargaining agreement. ‘Supervisors and managers’ and ‘managers and supervisors’ are terms used to describe employees who have supervisory and managerial responsibility; this group includes Exempt or non-union employees as well as employees represented by the Supervisory and Managerial (S&M) bargaining unit.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5002 Public Employment Labor Relations Act (PERA)

General: The policies contained in this section are not intended to supersede any negotiated provisions of any collective bargaining agreement or to circumvent both parties’ obligation to bargain in good faith under the Public Employment Relations Act.

LEGAL REF: MCL 423.201 et seq., as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5003 Nature of Employment for Administrators

General: Administrators enter into employment with the College voluntarily through a written employment contract.

The following basic policy statements apply:

Execution of the College’s standard employment contract is a condition of employment.
As permitted by Public Act. No. 212 of 1999, a person hired or promoted into an Executive Cabinet position at the College, must, as a condition of employment, reside within 20 miles of the nearest College boundary within twenty-four months of the initial start date of new employment or promotion. Residency is defined as the place where a person maintains their domicile. Domicile means “a person’s true, fixed, principal, and permanent home” (Black’s Law Dictionary, 7th edition). Upon the President’s recommendation, the Board may approve a waiver of the residency requirement for extenuating circumstances.

LEGAL REF: MCL 389.103, and MCL 15.602, as amended

Revised: May 21, 2001
Reviewed: June 22, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5005 Independent Contractors

General: The College will follow Internal Revenue Service guidelines and current laws when using the services of independent contractors. Except in the case of an emergency, individuals will not be permitted to begin performing services for the College until a determination has been made as to whether the worker is an independent contractor or employee.

LEGAL REF: MCL 389.103, as amended and Current IRS Independent Contractor Test

Reviewed: June 22, 2009
Approved: October 26, 2009

5006 Volunteers

General: The College may use volunteers to meet specific needs.

The following basic policy statements apply:

Appropriate screening of volunteers will occur prior to using their services.
Appropriate orientation and/or training will be provided to volunteers.
Use of volunteers will not violate the terms of labor agreements between the Board and its bargaining units.

LEGAL REF: MCL 389.103 and MCL 423.201 et seq., as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5007 Corrective Discipline

General: The Board is responsible to see that the employment conditions and work standards are established for all employees. These work standards are established primarily through collective bargaining agreements, work rules, administrative directives, board policies and state and federal laws.

In an effort to maintain a high standard or work performance, the Board expects all employees to be supervised and evaluated. The Board also supports the concept of corrective discipline. The degree of penalty should reflect the seriousness of the offense and acts of sufficient gravity may justify more severe discipline, up to and including discharge.

The following basic policy statements apply:

Each employee is expected to carry out assigned job responsibilities in accordance with standards established by the College.
Supervisors and managers are charged with the responsibility for supervising, directing and evaluating employees of the College.

LEGAL REF: MCL 389.103 and MCL 423.210 et seq., as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5008 Board/Employee Communications

General:The Board wishes to maintain open communications between itself and the college employees. At the same time, the Board recognizes its role and the delegation of authority it has granted to the Administration. Therefore, the following policies apply to any communications between individual board members and college employees or contractors. The following basic policy statements apply:

That any individual board member will not represent that he or she has the full authority of the board in any such communication.
That any individual board member will not promise or represent to the employee/contractor that the full board will act on the communication.
That any individual board member will not communicate with an employee/contractor in such a way as to interfere with that employee/contractors responsibilities or duties to the college.
That the board member will listen to the employee/contractor with empathy.
That the board member will encourage the employee/contractor to address any concerns with the appropriate staff member and to follow established lines of communication.
That the board member, if the process set forth in 3 above, is not adequate to address the communication, will offer to bring the issue to the college President.
That the board member will allow the President or administration to take the appropriate action, if any, regarding the communication and the President or the administration shall then report to the board member.
If the board member believes that based upon the communication from the employee/contractor that some action by the full board is necessary that person may bring the matter to the full board for action using the processes and procedures as set forth in these policies.

LEGAL REF: U.S. Constitution Amendment I and MCL 423.201 et seq., as amended

Reviewed: June 22, 2009
Approved: October 26, 2009
Reviewed: April 22, 2024
Approved: August 28, 2024
Reviewed: August 28, 2024
Approved: October 8, 2024

5100 Compensation and Benefits

5100 Compensation

General: Total compensation (the combined economic value of wages and benefits) should reflect the College’s ability to pay and the Board’s desire to compete effectively in the labor markets in which the College recruits. External market data will be taken into consideration in the design and implementation of compensation and benefit programs. Employee compensation and benefits represent the most significant expenditure in the College budget.

The following basic policy statements apply:

Total compensation/benefits must not exceed 77% of the total operating budget.
The President is directed to review all budget proposals and labor agreements with specific emphasis on total compensation and recommend only actions that fall within the 77% maximum and that will preserve the College’s long-term fiscal stability.
Supplemental staff may be engaged by administration to accommodate College needs such as variations in workload, covering short-term non-recurring tasks or consulting services.
Consistent with the Public Employee’s Health Benefits Act (Public Act 106 of 2007), benefit plans will be reviewed and, if necessary, put up for bid to ensure that program design is consistent with this policy and that the price paid for benefits is appropriate.
Compensation and benefit programs should be structured to facilitate recruitment and retention of high quality, dedicated faculty and staff.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Revised: September 10, 2003
Approved: October 27, 2003
Revised: November 4, 2003
Approved: November 24, 2003
Reviewed: June 22, 2009
Approved: October 26, 2009

5101 Employee Assistance Program (EAP)

General: The Board and Administration believe that appropriate assistance can often prevent deterioration of job performance, assure continued productive employment, and improve individual well-being.

The following basic policy statements apply:

The Board endorses the concept of an employee assistance program (EAP).
The EAP is a resource available for all College employees and their families. Its primary focus is to help employees and their family members who are experiencing personal problems affecting their health and/or job performance, to obtain voluntary assistance.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5102 Deferred Compensation

General: The College encourages the establishment and use of tax-advantaged deferred compensation programs which are permitted under federal law and/or regulations, such as, but not limited to, the 403(b) and 457 programs.

The following basic policy statements apply:

The President or the President’s designee will develop procedures and plans for determining the number and qualifications of providers and for administering the plans.
The Office of Human Resources will maintain all records concerning deferred compensation programs for eligible employees.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Reviewed: June 22, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5103 Reimbursement of Employee Expenses

General: The College will reimburse employees for reasonable out-of-pocket expenses incurred while traveling on authorized College assignments or while engaged in authorized College business.

The following basic policy statements apply:

In the case of expenses covered by agreement with bargaining units, the expense reimbursements will be in accord with the conditions of those agreements.
Mileage reimbursement will be paid at the most recent IRS authorized level.
All other reimbursements will be in accordance with Accounting/Finance Office procedure.

LEGAL REF: MCL 389.103, 121 and 123, as amended

Reviewed: June 22, 2009
Approved: October 26, 2009

5104 Emeritus

General: Full-time faculty may be granted Emeritus status when they retire from the College, provided specific criteria are met consistent with the terms of the collective bargaining agreement.

LEGAL REF: MCL 389.103 and 423.210 et seq., as amended

Revised: October 24, 2005
Approved: October 24, 2005
Reviewed: June 22, 2009
Approved: October 26, 2009

5105 Benefits Related to Employee Disability or Death

General: Full time faculty and staff who are unable to work due to disability or death may be entitled to benefits consistent with the terms of applicable collective bargaining agreements. Eligible dependents may also be entitled to disability or death benefits consistent with the terms of applicable collective bargaining agreements or Exempt benefits summary.

LEGAL REF: MCL 389.123 and 423.201 et seq., as amended

Revised: October 24, 2005
Approved: October 24, 2005
Reviewed: June 22, 2009
Approved: October 26, 2009

5200 Equal Educational / Employment Opportunity (EEO)/Non-Discrimination

General: As an affirmative action/equal opportunity institution, the College encourages diversity and provides equal opportunity in education, employment, all of its programs, and the use of its facilities. In order to provide equal employment and educational opportunities to all individuals, employment decisions at the College will be based on merit and qualifications. The College does not discriminate in educational or employment opportunities or practices on the basis of race, color, religion, sex, gender, gender expression/identity, national origin, veteran’s status, age, disability unrelated to an individual’s ability to perform adequately, height, weight, marital status, political belief, sexual orientation, or any other characteristic protected by law. This policy governs all aspects of employment and education, including, but not limited to, academic decisions, selection, job assignment, compensation, discipline, termination, and access to benefits and training.

The following general policy statements apply:

Qualified candidates are considered for all levels of employment regardless of gender, race, color, religion, age, handicap, sexual orientation, or national origin.
Equal employment opportunities provide for career growth within the College for capable and qualified employees.
Appropriate recruitment and advertising sources will be used to promote the College’s diversity efforts.
The College will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship for the College.
Title IX of the Education Amendments of 1972, 20 USC prohibits sex and/or gender- based discrimination in education. The U.S. Department of Education requires that sexual misconduct be reported, investigated, and actions be taken to stop, remedy, and prevent the misconduct from occurring in the future. The College’s Title IX procedures for reporting a complaint can be found online at https://www.mcc.edu/titleix/index.shtml, which may be updated as needed.
To emphasize the Institution’s commitment to this policy, Trustees, employees, and students will annually participate in a College-approved Title IX training.
In addition to its commitment to provide equal employment and educational opportunities to all qualified individuals, the College has established an affirmative action plan to promote employment opportunities for individuals in certain underutilized job groups throughout the organization, pursuant to its obligation under U.S. Presidential Executive Order 11246, as amended.
Employees with questions or concerns about any type of discrimination in the workplace are encouraged and expected to bring these issues to the attention of their immediate supervisor or the College’s senior Human Resources manager. Students with questions or concerns about any type of discrimination at the College are encouraged to bring these issues to the attention of an appropriate Academic Dean or the College’s senior Human Resources manager. Employees and students may raise concerns and make reports without fear of reprisal.
Employees found to be engaging in any type of unlawful discrimination in violation of this policy will be subject to disciplinary action, up to and including termination.

LEGAL REF: U.S. Constitution Amendment XIV, 42 U.S.C. 2000e et seq., Michigan Constitution Article I Sec. 2, MCL 37.2202, as amended, and U.S. Presidential Executive Order 11246, as amended

Reviewed: June 22, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018
Reviewed: August 24, 2020
Revised: September 28, 2020

5201 Sexual Harassment

General: Sexual harassment is unlawful discrimination on the basis of sex and is a form of misconduct which undermines the integrity of the employment and student relationship. All students, faculty and staff must be allowed to work in an environment free from unsolicited and unwelcome sexual overtures. Sexual harassment does not refer to occasional compliments. It refers to behavior which is not welcome, which is personally offensive, which weakens morale, and which, therefore, interferes with the academic or work effectiveness of its victims as well as co-workers and students.
The College is committed to providing a safe, healthy environment for all students, employees and individuals associated with the College, one which promotes respect, dignity, and equality. It is the purpose of this policy to create and preserve an educational environment free from unlawful sexual harassment and/or discrimination on the basis of sex.

The following general policy statements apply:

All sexual harassment complaints will be treated seriously. However, any frivolous or false complaint that is made in bad faith or is malicious in intent will also be treated seriously and individuals making such complaints will be subject to discipline, up to and including termination. This policy applies to all persons in the College community. College community is defined as the Board, Administration, faculty, employees, students and/or third-parties (i.e. College visitors, vendors, contractors, consultants, agents, maintenance workers, etc.).
The College strictly prohibits any form of sexual harassment on College grounds, in College vehicles, and/or at all College-sponsored activities, programs, and events, including those that take place at locations outside the College. The College also strictly prohibits all forms of sexual harassment against individuals associated with the College, whether or not the harassment occurs on College grounds.
The College’s policy regarding sexual harassment prohibits all forms of sexual violence, up to and including sexual assault. For more detailed definitions of the prohibited conduct covered by this policy, please refer to the College’s Title IX program, which can be found online at https://www.mcc.edu/titleix/index.shtml, which may be updated as needed.
The College encourages and expects all victims of sexual harassment to report the harassment immediately. The College requires all employees with knowledge of sexual harassment to report the harassment immediately. All complainants have the right to be free from retaliation of any kind.
The College will investigate all formal, informal, verbal and/or written complaints of sexual harassment of which it becomes aware in a timely manner, and, if substantiated, take appropriate corrective action as necessary to end the harassment, up to and including termination of the person or persons guilty of harassment.
Complaint and investigation procedures will be developed under the guidance of the President and/or the President’s designees to ensure enforcement of this policy. The procedures developed will be published and made available to all individuals affected by these policies, as required by law.

Policy Addendum:

Definitions and Examples of Prohibited Conduct: Sexual harassment is any unwelcome sexual advance, requests for sexual favors or other behavior of a sexual nature and other verbal or physical conduct of a sexual nature when:
1. Submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; or
2. Submission to or rejection of conduct is used as a basis for a decision affecting an individual’s employment; or
3. Conduct or communication which has the purpose or effect of unreasonably interfering with an individual’s work; or
4. Conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment.

Sexual harassment encompasses any unwanted sexual attention. Examples of behavior encompassed by the above policy include, but are not limited to, the following:

Quid Pro Quo or “something for something” harassment can occur when an individual’s behavior is such that a reasonable person would believe that the granting or withholding of tangible academic or job benefit will be based upon the granting of sexual favors.
Hostile Work Environment may be created by unwelcome conduct of a sexual nature, including but not limited to the following:
1. Threats or insinuations which would cause a reasonable person to believe that sexual submission or rejection, will affect their reputation, employment, advancement or any condition which concerns the College;
2. Direct propositions of a sexual nature;
3. Subtle pressure for sexual activity, an element of which may be conduct such as unwelcome sexual leering, or repeated requests for dates;
4. Conduct (not legitimately related to subject matter of work in which one is involved) intending to or having the effect of discomforting and/or humiliating a reasonable person at whom the conduct is directed. This may include, but is not limited to, comments of a sexual nature or sexually explicit statements, displaying sexually suggestive objects, or pictures, using crude or offensive language, questions, jokes or anecdotes, and unnecessary touching, patting, hugging or brushing against another person’s body.
5. Physical assault, of a criminal sexual nature. Examples include forcible sexual abuse, or taking indecent liberties with another individual.
Confidentiality: It is College policy to respect the privacy and anonymity of all parties and witnesses to complaints brought under this policy. However, because an individual’s need for confidentiality must be balanced with the College’s obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve a complaint, the College retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know.
Retaliation Prohibited: Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to the following: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and/or any other form of harassment. Any person who engages in retaliation is subject to immediate disciplinary action, up to and including termination.
Policy Awareness, Dissemination and Review: A summary of this Policy and procedures shall be posted in a prominent place in College facilities where employee information is ordinarily displayed.

The Policy will also be published in student registration materials and other appropriate College publications, as directed by the President.

All new employees will receive information about this policy at new employee orientation. All other employees must periodically be provided information regarding this policy, its related procedures and the College’s commitment to a harassment-free learning and working environment.

Supervisors and managers who have specific responsibilities for investigating and resolving complaints of sexual harassment are to receive periodic training on this Policy and related legal developments. Individuals acting in a supervisory role must avoid any apparent or actual conflict between their professional responsibilities and personal relationships with those they supervise or who are in their chain of command. Engaging in romantic or sexual relationships with persons reporting to a supervisor or in the supervisor’s chain of command constitutes unprofessional conduct subject to discipline, up to and including discharge, in accordance with the terms of an applicable collective bargaining agreement.

Members of the College community are responsible for knowing and understanding the College’s Policy prohibiting sexual harassment. Faculty and staff who do not understand the Policy must contact their immediate supervisor. Supervisors and all others who need assistance in understanding, interpreting or applying the policy must contact the Office of Human Resources for clarification.

Each employee in a supervisory position has the responsibility to prevent illegal activity and must treat every complaint of sexual harassment seriously. Supervisors are required to immediately report incidences or complaints of sexual harassment to the Office of Human Resources. Any employee who is aware of sexually offensive behavior is also required to report this behavior to the Office of Human Resources.

LEGAL REF: 42 U.S.C. 2000e et seq., MCL 37.2101 et seq., as amended

Reviewed: June 22, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009
Reviewed: October 22, 2012
Revised: November 26, 2012
Reviewed: November 19, 2018
Revised: December 17, 2018

5202 Other Harassment

General: Discrimination and/or harassment based on an individual's gender, gender expression/identity, sexual orientation, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated.

Discrimination includes but is not limited to, harassment and treating an employee or student differently because of an individual’s legally protected characteristic.

Harassment includes but is not limited to, offensive language, words, jokes, or other verbal, graphic or physical conduct, whether overt or subtle, direct or indirect, deliberate or unintentional, that is known, or ought reasonably be known, to be offensive and/or unwelcome.

The following basic policy statements apply:

The College encourages and expects all victims of discrimination and/or harassment to promptly report the matter to their supervisor or Human Resources. The College requires employees with knowledge of harassment to promptly report the matter to their supervisor or Human Resources. If the supervisor or Human Resources is unavailable, or the employee believes it would be inappropriate to contact that person, the employee should immediately contact another member of management. Employees and/or students who raise concerns and make reports consistent with this policy will do so without fear of reprisal.
Any employee who becomes aware of possible harassment must promptly advise the College’s senior Human Resources manager or one of the College’s Vice Presidents who must handle the matter in a timely and confidential manner.
The College will investigate and respond to reported complaints of discrimination and/or harassment in a timely manner, and will take corrective action as necessary and appropriate. Anyone engaging in harassment will be subject to disciplinary action, up to and including termination of employment.
Retaliation Prohibited: Retaliation against any person who has spoken up about illegal discriminatory and/or harassing behavior, submitted a complaint, or otherwise participated in an investigation, legal proceeding, or hearing related to a complaint is prohibited and will not be tolerated, even if the investigation concludes that no discrimination occurred. Such activity is unlawful and any person who retaliates is subject to immediate disciplinary action, up to and including suspension, exclusion, or termination. For purposes of this Policy, retaliation includes but is not limited to the following: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment.
Confidentiality: It is College policy to respect the privacy and anonymity of all parties and witnesses to complaints brought under this Policy. However, because an individual’s need for confidentiality must be balanced with the College’s obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve a complaint, the College retains the right to disclose the identity of parties and/or witnesses to complaints in appropriate circumstances to individuals with a need to know.

LEGAL REF: 42 U.S.C. 2000e et seq., MCL 37.2101 et seq., as amended

Reviewed: August 17, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009
Reviewed: October 22, 2012
Revised: November 26, 2012
Reviewed: November 19, 2018
Revised: December 17, 2018

5203 Veterans and Military Personnel

General: The College supports the employment and reemployment rights extended to veterans and active duty military personnel in federal and state law including, by way of example, benefits provided in the Vietnam Era Readjustment Assistance Act of 1972, the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and the Service Members Civil Relief Act (SMCRA).

LEGAL REF: 38 USC § 1802 et seq., as amended; 38 USC § 2011 et seq., as amended; 38 USC § 4301-4333, as amended; Service Members Civil Relief Act 50 USC App § 501 et seq., as amended

Approved: February 23, 2004
Reviewed: August 17, 2009
Approved: October 26, 2009

5300 Labor and Employee Relations

5300 Recognition of Bargaining Units, Board Negotiating Agents, Contract Approval, Contract Administration, Staff Job Action

General: The Board will not recognize, by stipulation, any bargaining unit within the College. All units desiring recognition by the Board must do so by holding an election conducted by the Michigan Employment Relations Commission as provided by statute. The following bargaining units have been recognized by the Board:

The Mott Community College Education Association, affiliated with the Michigan Education Association;
The Professional-Technical unit, affiliated with the Michigan Education Association
The Supervisory and Managerial unit, affiliated with the United Auto Workers (UAW);
The Administrative Support unit, affiliated with Service Employees International Union (SEIU), Local 517M;
The Maintenance and Operations unit, affiliated with Service Employees International Union (SEIU), Local 517M;
The Public Safety Officers Union, affiliated with Service Employees International Union (SEIU), Local 517M.
The following basic policy statements apply:

Board Negotiating Agents: The President will appoint bargaining teams to represent the College in negotiations. The President, in consultation with the Executive Cabinet, will recommend broad, strategic bargaining objectives to the Board at the beginning of bargaining.
Contract Approval: At the conclusion of contract bargaining, and following member ratification, the President must present the proposed agreement to the Board for its consideration.
Contract Administration: Management is delegated the authority to resolve grievances and enter into letters of understanding or agreement which clarify or interpret existing contract language during the term of a collective bargaining agreement. Agreements which change the collective bargaining agreement must be approved by the Board.
Staff Job Action: It is illegal for any employee group to engage in a strike, walk-out, slow-down or other concerted action prohibited by the Michigan Public Employment Relations Act (PERA). The Board will explore appropriate legal avenues and implement a course of action which it deems to be advisable in order that the College may be kept open for the benefit of the students.

LEGAL REF: MCL 423.201 et seq., as amended

Reviewed: August 17, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009

5305 Employee Recognition

General: Recognition of faculty and staff for publications and outstanding and/or unusual achievement in job-related, social, and/or personal accomplishments is an important part of the educational process. Recognition gives employees reinforcement and public visibility for positive accomplishments.

The following basic policy statements apply:

Employees receiving special awards should be publicly recognized whenever possible and appropriate.
Employees and Board members are encouraged to give personal recognition through praise and/or formal action by the Board, etc.

LEGAL REF: MCL 389.103 and 123, as amended

Reviewed: August 17, 2009
Approved: October 26, 2009

5400 Records

5400 Maintenance of Records

General: Personnel files for each employee must be maintained by the College’s Human Resources Office in accordance with Board policy, and state and federal laws. Human Resources have the authority to determine which documents will be maintained by the College in individual employee or personnel files.

The following basic policy statements apply:

A personnel file includes, but is not limited to, records relating to the terms and conditions of employment of individual faculty and staff members. Such documents include, but are not limited to, an individual’s: application; resume; publication lists; changes in status form; performance evaluations; letter of commendation; position description; and disciplinary letters.
Files will be considered confidential and must be kept in a secure location, consistent with the Bullard-Plawicky Right to Know Act.

LEGAL REF: MCL 389.103, MCL 423.501 et seq., as amended

Reviewed: August 17, 2009
Approved: October 26, 2009

5401 Access to Employee Records

General: The collection, availability and disclosure of the contents of personnel files is governed by Board policy and applicable state and federal laws. The Board establishes this policy to identify the person/circumstances under which employee records would be subject to and/or protected from public disclosure.

The following basic policy statements apply:

All personnel records are the property of the College.
General access to employee records will be given to management, other designated staff members, and to a member of the Board when authorized by the Board and when there is a need in connection with their authorized duties or responsibilities.
Employees may review their employment records, as maintained by the College, by submitting a written request to the Human Resources Office and making an appointment to review same at a reasonable time (i.e. during regular business hours); the College reserves the right to have a Human Resources Office Representative present during the review. Prior to review by the employee, the personnel file may be examined by a Human Resources Office Representative to remove portions of the file which were secured in confidence (i.e. reference checks) or which contain confidential facts about other staff members.
The right of access includes the right of the employee to file a written objection to any information contained in their personnel file. The written objection may not exceed five (5) sheets of 8 ½ inch by 11 inch paper, and must be signed by the employee, dated, and the written objection(s) become part of the employee’s personnel file.
A copy of the file, or selected portions of it, will be made available to the employee upon request, subject to a duplication fee.
Release of information relating to an employee’s personnel file/records will be made available to third parties under the following circumstances:
1. Employee gives written consent to release the records and specifies the records to be released and to whom they are to be released.
2. Each request for consent will be handled separately. Blanket permission for release of information will not be accepted.
3. Files, or information from files, will be made available to those outside the College only with the consent of the employees as described above, or as required by law.
4. When disclosure of a file is forced by subpoena or a Freedom of Information Act (FOIA) request, efforts will be made to notify currently employees as quickly as possible so that they will have an opportunity to react on their own behalf.
5. When responding to a FOIA request, all materials exempt from disclosure under section 13 of Public Act 1976, No. 443 (MCLA 15.243), as amended, will be removed to preserve the privacy rights of individual employees.
6. Except for disclosure pursuant to a legal action or arbitration, disciplinary information more than four years old will not be released.
The law provides that exemption of records be balanced against a test of public interest; therefore, exemptions may be determined on a case-by-case basis.

LEGAL REF: MCL 389.103, MCL 423.501 et seq. and MCL 15.231 et seq., as amended

Reviewed: August 17, 2009
Approved: October 26, 2009

5402 Reference for Current or Former College Employees

General: References provided by the employee’s current and former immediate supervisor(s) and the supervisory of the immediate supervisor(s) constitute the only authorized official College response to requests for references on current or former employees from prospective employers and others. Any other employee who provides a recommendation for prospective or past employee assumes all risks and liability with this submission.

The following basic policy statements apply:

Authorized official College response to requests for references may be provided only if permission has been granted, in writing, by the employee; and the employee has released the College and its supervisor(s) from all liability for responding to the request.
College officials/representatives will not provide any statement regarding eligibility for rehire.
Any College employee providing a reference for a current of former employee is responsible for its truthfulness, accuracy, and completeness.

LEGAL REF: U.S. Constitution Amendment I and MCL 389.103, as amended

Reviewed: August 17, 2009
Approved: October 26, 2009

5403 Social Security Number Privacy

General: The College collects and maintains confidential information relating to its students, employees, and individuals associated with the College, and is dedicated to ensuring the privacy and proper handling of information, in accordance with the Michigan Social Security Number Privacy Act.

The following basic policy statements apply:

The College, through procedures implemented and promulgated by Management, will ensure, to the extent practicable, the confidentiality of Social Security numbers collected and maintained through the necessary course of conducting College business. Social Security numbers will only be obtained from individuals for legitimate business reasons or when required by law.
The College prohibits unlawful or unnecessary disclosure of Social Security numbers and requires its employees to properly protect and secure this information, whether in electronic or physical form.
Only employees who have legitimate business reasons may access information or documents that contain a Social Security number. Management is responsible for designating specific employees who may access Social Security numbers.
Documents containing Social Security numbers must be disposed of in a manner that protects the confidentiality of the Social Security number.
Employees who knowingly obtain, use, or disclose, Social Security numbers contrary to the requirements of this privacy policy are subject to discipline up to, and including, discharge. Additionally, certain violations of the Michigan Social Security Number Privacy Act carry criminal and/or civil sanctions. Employees are also required to immediately report any privacy violations they observe to the College’s senior Human Resources manager.

LEGAL REF: MCL 445.81 et seq., as amended

Approved: December 19, 2005
Reviewed: August 17, 2009
Approved: October 26, 2009

5500 Safety

5500 General

General: The Board will attempt to ensure employee health and safety during working hours. The College will comply with the provisions of the Michigan Occupational Safety and Health Act, including those provisions regarding the employee’s right to know of hazardous conditions or materials.

The following basic policy statements apply:

The President will develop appropriate procedures for implementing occupational safety and health activities.
Each employee is expected to obey safety rules and to exercise caution in all work activities.
Employees must immediately report any unsafe conditions to the appropriate supervisor.
Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy, hazardous or dangerous situations may be subject to disciplinary action, up to and including termination of employment.

LEGAL REF: MCL 389.103 and MCL 408.1001 et seq., as amended

Reviewed: August 17, 2009
Approved: October 26, 2009

5501 Life Threatening Emergencies

General: Life threatening emergencies may arise from time-to-time involving employees, students, or visitors in College facilities. This policy is to promote efficient and safe handling of life threatening illnesses and/or accidents.

The following basic policy statements apply:

Employees are encouraged to submit emergency contact information to the Human Resources office. The College will provide first aid, cardio-pulmonary resuscitation (CPR), and Automated External Defibrillator (AED) training for designated employees. Employees are expected to call MCC Public Safety or 911 for emergency assistance.
1. Employees with first aid training may take appropriate action, pending arrival of medical personnel and/or Public Safety to the scene.
2. Public Safety will notify the President, or the President’s designee, as soon as possible, regarding the incident.

LEGAL REF: MCL 389.103 and 389.130, as amended

Reviewed: August 17, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5502 Communicable Diseases

General: This policy is developed to ensure the good health and safety of all students, employees, and visitors. ‘Communicable diseases’ as defined in this policy refers to any infectious or contagious disease spread from person to person, or animal to person, or as defined by law, including but not limited to, the Genesee County Health Department, Michigan Department of Community Health or the United States Centers for Disease Control and Prevention.

The following basic policy statements apply:

A person who knows, or has a reason to believe, that they, or someone else, attending or employed at the College is infected with a communicable disease must report this to Human Resources.
The College will take reasonable precautions to protect health information, pursuant to all applicable laws and statutes, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Family Education Rights and Privacy Act of 1974 (FERPA).
Any faculty or staff member inappropriately disclosing confidential health information is subject to disciplinary action, up to and including discharge.
The College will, in conjunction with medical professionals and/or public health officials, gather information regarding the specific communicable disease reported, and its threat for transmission. The Board reserves the right to require a written statement from the employee’s physician indicating that the employee’s condition does not pose a health hazard to others, and to conduct, at its own expense, medical evaluations to prevent the risk of exposure to an infectious disease which may affect the health, safety, and welfare of others.
The College will collaborate with the employee’s supervisor to determine if reasonable accommodations can be made to allow the employee to continue working, in compliance with the Americans with Disabilities Act and other applicable laws.
Communicable diseases include, but are not limited to, Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC), Chickenpox, Conjunctivitis, Hepatitis A, B, and D, Infectious Mononucleosis, Influenza, Measles, Meningitis, Human Immunodeficiency Virus (HIV), and Tuberculosis. The College will analyze and respond to each case of a communicable disease by its own particular facts.

LEGAL REF: MCL 389.103, as amended, 20 U.S.C. 1232g et seq., 42 U.S.C. 1201 et seq. and 42 U.S.C. 1320d et seq., as amended

Reviewed: September 21, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009

5503 Weapons and Violence

General: In order to ensure the safety and security of the workplace, the College strictly prohibits violence or threatening behavior. Additionally, no person, with the exception of duly authorized College Public Safety Officers and duly authorized federal, state and local law enforcement officers, may possess any weapon on property owned, leased, or controlled by the College regardless of whether the owner is licensed to carry a weapon. All others are prohibited from possessing weapons (while conducting business for the College).

The following policy statements apply:

A ‘weapon’ is any object or device intended or designed to inflict bodily harm, or which could reasonably cause apprehension.
The President, or the President’s designee, will determine which College Public Safety Officers are authorized to carry weapons on campus and the type(s) of weapon(s) they are authorized to carry. The President may also grant exceptions to this rule under special circumstances, such as the use of a weapon for instructional purposes in a gun safety course.
The College will not tolerate any act or threat of violence committed by or against faculty, staff, students or visitors. Threats, threatening behavior, acts of violence, or any related conduct, which disrupts another’s work performance or the College’s ability to execute its mission, will not be tolerated. Faculty and staff are strictly prohibited from making threats or engaging in violent acts. Prohibited conduct includes, but is not limited to:
1. Injuring another person physically;
2. Engaging in behavior that creates a reasonable fear of injury in another person;
3. Possessing, brandishing, or using a weapon while on College premises or engaged in College business;
4. Damaging property intentionally;
5. Verbal or non-verbal threats to injure an individual or damage property;
6. Committing injurious acts motivated by, or related to, domestic violence or sexual harassment;
7. Arson.
This policy encompasses activity that occurs on College property, or off College property, when the employee is conducting College business, as well as threats or threatening behavior, made via telephone, fax, electronic or conventional mail, or any other communication medium.
Faculty and staff must immediately notify their immediate supervisor or the Public Safety Department of any threats which they have witnessed, received, or has been told that another person has witnessed or received. Employees must also promptly report to their immediate supervisor or the Public Safety Department any behavior they have witnessed which they regard as threatening or violent (when that behavior is related to College activities).
Violations of this policy will result in disciplinary action, up to and including, dismissal, arrest and/or prosecution.

LEGAL REF: MCL 389.103 and 389.128, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5600 Staffing and Separations

5600 Management Role in Staffing and Separations

General: The purpose of the selection process is to identify the most qualified and most suitable candidate for a position.

The following basic policy statements apply:

The President has the authority to establish procedures for the recruitment of faculty and staff which are consistent with these policies, and all applicable state and federal laws.
The Office of Human Resources must create a system for the hiring and/or contracting for human resources. All hiring must be regulated though the Office of Human Resources.
Factors to be considered during the selection process include, but will not be limited to: diversity, experience, training, education, the Affirmative Action Plan (pursuant to U.S. Presidential Executive Order 11246, as amended), employee development goals, and the terms of applicable Collective Bargaining Agreements.
Staffing levels will not exceed those authorized by the Board in the Schedule of Board Authorized Positions.

LEGAL REF: MCL 389.103 and 124, as amended, and U.S. Presidential Executive Order 11246, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: August 24, 2020
Revised: September 28, 2020

5601 Affirmative Action Plan

General: The Board has adopted an affirmative action plan in compliance with U.S. Presidential Executive Order 11246, as amended, which the President is directed to implement. This plan is established to promote equal employment opportunities for qualified individuals in certain underutilized job groups throughout the organization, and will be continually reviewed and updated.

Affirmative action refers to the collective measures taken to eliminate discrimination and provide equal opportunity in compliance with applicable laws and regulations.

LEGAL REF: U.S. Presidential Executive Order 11246, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5602 Employment Procedure

General: In order to employ capable, qualified faculty and staff with sufficient diversity to satisfy legal requirements and to enable the College to carry out the mission and goals of teaching, learning and community outreach, the Board adopts the following:

Employment procedures will adhere to the equal employment opportunity concept and be based on ability, training and experience.
The President and the President’s designees are responsible for developing and implementing specific interviewing, screening and selection procedures within the framework of this policy.
The selection and recommendation process should be preceded by the establishment of need for the position and verification of adequate funding sources.
Current job descriptions must be prepared for all regular positions prior to proceeding with the employment procedure.
A written application is required of all applicants.
All vacancies for regular positions must be posted.
All positions will be filled in accordance with the laws, rules and regulations of the United States, the State of Michigan, the Michigan Department of Education, and the terms of applicable collective bargaining agreements.
A recommendation for employment must be submitted to the President, with subsequent notification to the Board.
The College affirmative action plan is on file in the College’s Human Resources office.

LEGAL REF: MCL 389.103 and MCL 37.2101 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5604 Position Control

General: It is the responsibility of the Board to approve the total number of positions authorized to be filled in the Schedule of Board Authorized Positions. Ordinarily, this determination and authorization will take place concurrently with approval of the annual budget. Increases in the total number of authorized positions which occur after adoption of the budget must be approved by the Board. Senior Management may reduce the number of authorized positions but must report all reductions to the Board. The College’s senior Human Resources manager is responsible for monitoring the number of authorized positions.

The following basic policy statements apply:

The number of regular full- and part-time positions will be expressed in terms of “full-time equivalency” (FTE) and each FTE must be fully funded. The FTE shall be allocated or assigned to the President who may further assign it to other managers. Each manager who is allocated FTE may redistribute FTE to various classes of employee groups as necessary to meet the needs of the College provided that:
1. Reallocation cannot result in more staffing than the total number of FTE authorized by the Board; and,
2. All reallocations must be reported to the senior Human Resources manager and reported to the Board.

LEGAL REF: MCL 389.103, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: August 24, 2020
Revised: September 28, 2020

5605 Nepotism

General: The employment of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment could be carried into day-to-day working relationships.

The following basic policy statements apply:

Relatives of persons currently employed by the College may be hired only if they will not be working directly for, or supervising, a relative, or they will not occupy a position in the same line of authority within the organization. This policy applies to any relative, higher or lower in the organization, who has the authority to review employment decisions. College employees cannot be transferred into a reporting relationship which violates this anti-nepotism policy.
If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days, management will decide who is to be transferred.
In cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship between the parties involved, the parties must be separated by reassignment or terminated from employment.
For the purposes of this policy, a relative is any person who is related by blood or marriage; who has a membership in the same household as an employee, including domestic partners; who has an intimate relationship with an employee; or whose relationship with the employee is similar to that of persons who are related by blood or marriage.

LEGAL REF: MCL 389.103, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5700 Training and Development

General: Professional development of employees is a benefit, obligation, and priority of the College; an obligation of each employee; and necessary for high quality teaching and organizational excellence. The Board will provide resources during the budget process for professional development. Professional development opportunities must follow any guidelines found in current collective bargaining agreements.

The following basic policy statements apply:

Employee development activities will be developed to support the College Strategic Plan.
Cooperative employee development activities with other educational institutions and compatible organizations is supported by the Board.
Employee development activities may be scheduled before, during, or after work schedules of employees.
The Vice President of Academic Affairs will coordinate employee development activities and procedures, as necessary.
Any employee required to use advanced technological hardware or software for the purposes of their job, will be provided appropriate training in the utilization of that technology.

LEGAL REF: MCL 389.103 and 141, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5702 Employee Conferences and Workshops

General: The Board establishes this policy to provide an avenue for professional development to broaden and enhance the educational expertise of College employees.

The following basic policy statements apply:

The employee’s immediate supervisor will authorize attendance of employees at local, state, regional, and national conferences/workshops, within budget authorization.
Employees authorized by their supervisors to represent the College at educationally related conferences, workshops and conventions will be allowed expenses, within budget authorization.
With supervisor approval, employees other than those selected by their supervisor as official representatives may be allowed to attend recognized educational meetings and conferences at their own expense, with no loss of salary but without allowance for expenses.
The number of absences allowed for professional meetings rests entirely with the immediate supervisor and with the appropriate senior management approval, subject to budget limitations.
Requests to attend conferences and workshops must be made in accordance with appropriate administrative operating procedures.

LEGAL REF: MCL 389.103 and 141, as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5800 Working Conditions and Employee Conduct

5800 Employee Conduct

General: As employees of a public and governmental organization, faculty and staff must perform their duties professionally, ethically and within the law. All faculty and staff have the responsibility to become familiar with, and abide by state and federal laws and regulations, the policies of the Board, administrative procedures, regulations, and all ethical standards of their profession. All staff and faculty are expected to carry out their assigned duties; support and enforce College policies, procedures and regulations; submit required reports; and contribute to the education and development of the College’s students. The following guidelines have been prepared to assist employees in understanding the Board’s performance expectations. Employees who have questions should direct them to their supervisor or manager.

The following basic policy statements apply:

Employees are required to conduct all College activities, operations, business dealings, and relationships with integrity, honesty, and respect for others, in compliance with all applicable laws and regulations and the ethical standards of their profession.
Employees must use College funds and/or property solely for the benefit of the College. All disbursements must be lawful and consistent with instructions provided by the College. Transactions must be clearly authorized and properly and promptly recorded. No false or fictitious entries may be made in books, records, accounts, or in College communications. No payment or transfer of funds or assets will be made for any purpose other than that described by supporting documents, and specifically as authorized.
Employees are responsible for accurate and timely recordkeeping for all College assets, liabilities, revenues, and expenses. Compliance with accepted accounting rules and controls is required. All books, records, and documents must accurately and completely describe the transactions they represent.
The College does not permit or condone bribes, kickbacks, or any other illegal, secret, or improper payments, transfers, or receipts. This prohibition applies both to the giving and the receiving of payments or gifts.
All payments and transfers of items of value to College employees from other business entities or to those entities must be made openly and must be disclosed and authorized in advance, in accordance with College procedures.
No employee may assist in the misuse of the College’s funds or assets, including, without limitation, the misappropriation of funds.
No outside agent may be used to circumvent the prohibition against bribes, kickbacks, and other illegal, secret, or improper payments. Fees, commissions, and expenses paid to outside agents must be based upon proper billings, accurate recordkeeping, and reasonable standards for services rendered.
Except in connection with, and specifically pursuant to, programs officially authorized by the Board, employees may not accept, directly or indirectly, any money or objects of value from any person or company that has, or is doing or seeking, business with the College. Providing excessive gifts or entertainment to others who may represent potential business is prohibited.
Employees may accept only business-related meals, entertainment, gifts, or favors when the value involved in not significant and clearly will not create an obligation to the donor.
Unless authorized by the President, the Board, or when required by law, it is the responsibility of all employees to maintain the confidentiality of marketing and pricing plans; discussions and information related to the potential sale or purchase of physical assets or operating and business entities; bids and related purchasing or financial information prior to award of the bid or proposal; information of a personal nature contained in employee files such as medical information; information protected by the lawyer/client relationship; and confidential labor relations matters and strategies.
Employees are required to promptly report to their supervisor, or a member of the Executive Cabinet, a violation, or suspected violation, of a state, local, or federal law. In compliance with the Whistleblowers’ Protection Act (MCL 15.362, et seq.), a reporting employee will not be discharged, threatened, or otherwise discriminated against because of the report or because of an employee’s participation in an investigation, hearing, legislative inquiry, or court action.
Violations of this policy may result in the immediate termination of any/all employees so involved.

LEGAL REF: MCL 389.103, MCL 423.201 et seq., and MCL 15.362 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: October 22, 2012
Revised: November 26, 2012

5801 Drug-Free Workplace/Controlled Substances

General: All employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

The following basic policy statements apply:

Being under the influence of a controlled substance while at work and/or the use, possession, distribution, purchase, sale, dispensation and/or manufacturing of controlled substances, as defined by state and federal law, by College employees on College grounds, in College buildings or vehicles and/or in connection with any College activity, is prohibited. Likewise, being under the influence of alcohol while at work and/or the use, possession, distribution, purchase sale, dispensation and/or manufacturing of alcohol by College employees on College grounds, in College buildings or vehicles and/or in connection with any College activity, is prohibited, except as provided in Board Policy 4570. All College employees must report actual or suspected violations of this policy to their immediate supervisor. The legal use of prescribed drugs is permitted on the job provided the use does not impair an employee’s ability to perform the essential functions of the job in a safe manner and does not endanger other individuals in the workplace.
Any College employee who violates this policy may be subject to disciplinary action, up to and including termination of employment. Violations may also have legal consequences. Additionally, the employee may be required to satisfactorily participate in a drug assistance or rehabilitation program provided by the College.
Any College employee who has been found guilty of violating a criminal drug statute must notify the President within five days The President must notify the appropriate federal agency within 10 days of receiving notice of any workplace related drug conviction of an employee.
The Board will provide a drug-free awareness program for College employees. College employees who request assistance for drug counseling and/or rehabilitation should direct their request to their immediate supervisor.
The President will implement programs for College employees to increase awareness of the College’s drug-free policy which will include the following information:
1. the dangers of drug abuse in the workplace;
2. the employer’s policy of maintaining a drug-free workplace;
3. available drug counseling, rehabilitation, and employee assistance programs;
4. the penalties for drug abuse violations.
The President is directed to implement drug screening for all new hires.

LEGAL REF: MCL 389.103, MCL 423.201 et seq., and MCL 15.362 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5802 Employee Wellness

General: To increase employee wellness, support a healthy work climate, discourage unnecessary employee absences, and to reduce health care costs, the Board directs the President and the President’s designees to develop and implement a wellness program for all employees.

LEGAL REF: MCL 389.103 and MCL 423.201 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5803 Smoking and Tobacco Use

General: Smoking and/or the use of tobacco products is prohibited on all College locations, including on and/or in all College property, buildings and facilities, and College-owned vehicles. This smoking prohibition includes, but is not limited to, academic and administration buildings, elevators, and individual offices and rooms. Persons smoking or using tobacco products inside a College building or vehicle will be in violation of this policy and subject to discipline in the same manner and magnitude as violations of other Board policies, subject to the provisions of applicable employees' collective bargaining agreements up to and including discharge, the Student Code of Conduct up to and including dismissal, or College public safety ordinances, up to and including removal and/or banning from MCC properties. Tobacco products and smoking will be permitted in privately owned vehicles only.

LEGAL REF: MCL 389.103 and MCL 333.12601 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: August 27, 2012
Revised: September 24, 2012

5804 Political Activities

General: College employees are expected to assume all of the responsibilities of citizens living in a democracy. These may include voting, or refraining from voting; discussing the social, political and economic issues of the day, supporting candidates for public office; accepting appointed or elective public office; or holding office in political parties.

The following basic policy statements apply:

Actions by employees must be taken as individuals and not as representatives of the College.
When, and/or if, any College employee desires to become a candidate for a Board position, that employee must request, and take, a leave of absence, without pay, when they comply with the candidacy filing requirements, or 60 days prior to the election, whichever date is closer to the election.
College employees are encouraged to participate in local governmental activities. As is the case for any type of outside work, employees who become involved in local governmental activities are expected to fully and satisfactorily perform their job duties. College employees may request paid time off using available and appropriate leave banks, when their local government activities occur during scheduled College work hours. If paid time off has been exhausted, employees may request unpaid time off. Written requests for time off should be made to the immediate supervisor as far in advance as possible, but in any event no later than noon of the day preceding the period of absence.

LEGAL REF: U.S. Constitution Amendment I, MCL 389.103 and 112, and MCL 169.201 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5805 Solicitation of Employee Personal Funds

General: In the event solicitations and/or appeals for contributions which call for expenditure of personal funds are made to College employees, the Board establishes this policy to control direct appeals for such funds.

The following basic policy statements apply:

College-wide appeals or solicitations of personal funds from employees may be authorized only upon approval of the President.
Non College-wide appeals or solicitations of personal funds within a department or area may be authorized upon approval of supervisors and/or managers.
Participation by an employee in an approved fund or charity drive is voluntary. There should be no cause for embarrassment to those who do not, or cannot, participate or contribute.
Employees may not use their position at the College to influence students or others to purchase special books or non-required materials.
Any organization desiring to distribute flyers or other material to College employees in connection with fund drives may do so only with the approval of the President.

LEGAL REF: MCL 389.103 and MCL 169.201 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009

5806 Solicitations and Selling

General: All persons seeking to sell, solicit, or display items relating directly to expenditures of College funds to any College employee shall first secure permission from the President or the President’s designee before any appointments are made.

College employees will not use College time, facilities, equipment or systems in connection with any soliciting or selling activities outside of their regularly assigned job duties, including, but not limited to solicitations and sales for charitable activities except those specifically authorized by the President.

LEGAL REF: MCL 389.103 and MCL 169.201 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5807 Inappropriate Relationships with Students

General: The College is committed to providing an educational environment that fosters professional and personal growth in faculty-student relationships. Central to the preservation of this environment is the trust that should characterize all interactions between a faculty member and a student. As a matter of sound judgment and professional ethics, faculty members have a responsibility to avoid any apparent or actual conflict between their professional responsibilities and personal relationships with students.

The following basic policy statements apply:

The faculty-student relationship lies at the foundation of the educational process and faculty members’ unbiased evaluation of students is an integral part of the College’s mission. Romantic and/or sexual relationships between a faculty member and a student, even if consensual, creates the potential for favoritism (or the appearance thereof), thereby undermining the actual or perceived fairness of the evaluative process. Additionally, romantic and/or sexual faculty-student relationships can lead to a complaint of sexual harassment when the student feels that they have been exploited. Further, a student may be unintentionally coerced into a relationship by the difference in power and prestige between the faculty member and the student. Moreover, third parties may express concerns about undue access or advantage, favoritism, restricted opportunities, or unfavorable treatment as a result of the relationship. These concerns are damaging whether favoritism is real or perceived. Even when the faculty member has no current direct professional responsibility for a student, consensual romantic and/or sexual relationships may limit the educational opportunities or options for the student’s future academic activities.
Accordingly, it shall constitute unprofessional conduct for College faculty to engage in romantic or sexual relationships with students which occur when the faculty member either currently has or foreseeably will be given responsibility for the evaluation (including but not limited to recommendations for jobs, advancements, etc.) or supervision of the student. In the event the romantic or sexual relationship existed prior to the beginning of the faculty-student relationship, the faculty member shall immediately discuss the relationship with their immediate supervisor. For purposes of this policy, ‘faculty’ is used to refer to any employee covered by the Education Association labor agreement, and any individual providing non-credit instruction.
Supervisory responsibility includes, but is not limited to, teaching, research, academic advising, grading, or recommending in an institutional capacity for employment. This policy also applies to any employee at the College with supervisory responsibility for students including, but not limited to, coaches, club advisors, and supervisors of student workers.
Violations of this policy will be considered misconduct and will be subject to discipline, up to and including discharge, or in accordance with the terms of applicable Collective Bargaining Agreements.

LEGAL REF: MCL 389.103, MCL 37.2101 et seq. and MCL 423.201 et seq., as amended

Reviewed: September 21, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5808 Conflict of Interest

General: Employees are expected to maintain relationships and practices in their College activities that are legal, ethical, and morally correct. Accordingly, employees must not engage in any activities, transactions, or relationships that are incompatible with the impartial, objective and effective performance of their duties.

The following basic policy statements apply:

Employees must not place themselves in situations or positions, or otherwise incur an obligation which might preclude them from performing their duties and responsibilities in the best interest of the College.
Employees must not use their position with the College, or information obtained during employment, in a manner that might create conflict, or appearance of a conflict, between the employee’s personal interests and those of the College.
An actual or potential conflict of interest occurs when an employee is in a position to influence a decision or transaction in connection with or arising from the business dealings and relationships of the College, which could result in a benefit or personal gain for that employee, an employee’s relative, or for a close friend. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the College does business, but also when an employee or relative receives any income, kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the College. Employees must not use information obtained as a result of their service to the College for personal gain, or for the benefit of their relatives or close friends. Similarly, employees must not exploit any business opportunity in which the employee knows, or reasonably should know the College is, or would be, interested, unless the College first consents thereto in writing. For the purposes of this policy, a relative is any person who is related by blood or marriage; or who has a membership in the same household as an employee, including domestic partners; or who has an intimate relationship with an employee; or whose relationship with the employee is similar to that of persons who are related by blood or marriage.
No “presumption of guilt” is created by the mere existence of a relationship with outside firms. However, the best way to ensure propriety and avoid even the semblance of wrongdoing is for all employees to follow a practice of full prior disclosure, by submitting a Conflict of Interest Disclosure Form to their immediate supervisor, of any association, relationship, business arrangement, or circumstance that might suggest to disinterested and objective individuals that decisions were made contrary to the best interest of the College and for personal gain or the gain of family, close friends or non-College business associates at the expense of the College. Interests and actions that might otherwise be questionable may be judged to be entirely proper if the rule of prior disclosure is followed. The supervisor must promptly review the disclosure form and determine those interests which are in conflict and which, if any, can be resolved.
Any employee who purchases goods or services for the College or who enters into or administers contracts on behalf of the College must complete and file an annual Conflict of Interest Disclosure Form with their immediate supervisor and this form must be filed in the employee’s personnel file in Human Resources.

LEGAL REF: MCL 389.103 and MCL 423.201 et seq., as amended

Reviewed: September 21, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5809 Outside Activities of Employees

General: Employees must avoid situations in which their personal interests, activities, associations, and other employment, may conflict with the interest of the College. If situations occur, the President or the President’s designee, will evaluate the impact of the activity or association upon the employee’s responsibilities, and take appropriate action.

The following basic policy statements apply:

Employees will not use College property or College time to solicit or accept customers for private enterprises, without written administrative permission.
Employees will not engage in business transactions on behalf of personal or private enterprises in which they may profit by virtue of their College position or authority, or benefit financially from confidential information which the employee has obtained, or may obtain, by reason of their position or authority. Employees will not campaign on College property during their duty hours on behalf of any political issue or candidate for any local, state, or national office.
Employees may not accept fees for tutoring when that tutoring is conducted during the normal workday.
Employees may not accept fees for tutoring, private lessons, or other activities, related to their professional duties, for students currently enrolled in one or more of their classes or caseload, except where designated as a part of the College curriculum.
Employees may hold outside jobs when no conflict of interest exists. The employee is expected to meet all of their employment obligations to the College in a satisfactory manner. Full-time employees are required to notify their immediate supervisor of any outside employment prior to its commencement.

LEGAL REF: MCL 389.103, MCL 423.201 et seq. and MCL 169.201 et seq., as amended

Reviewed: September 21, 2009
Reviewed: October 19, 2009
Approved: October 26, 2009
Reviewed: November 19, 2018
Revised: December 17, 2018

5810 Use of Equipment and Vehicles

General: Equipment, vehicles, and related systems and facilities are essential in accomplishing the College’s Strategic Plan and mission. This policy encompasses the use of all College owned, leased, and operated equipment, associated systems, and College vehicles of all types.

The following basic policy statements apply:

When using vehicles, equipment, property, and/or systems, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines.
College equipment may not be utilized for personal.
All other relevant Board policies apply to use of vehicles, equipment, systems and facilities. Some examples of prohibited uses include:
1. The use of College equipment, facilities and systems; for personal matters; including, but not limited to, issuing invitations to parties or soliciting for charities;
2. Memberships in buying clubs;
3. Religious causes;
4. Political causes;
5. Producing goods or services for personal gain; or
6. Other matters not directly connected to the College’s operations and activities.
Employees must promptly notify their immediate supervisor if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair.
The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as well as avoidable traffic and/or parking violations, may result in disciplinary action, up to and including termination of employment. The College may request an employee’s driving record from appropriate authorities as a condition of use of College vehicles. The employee’s driving record may also be used to deny any use of vehicles.

LEGAL REF: MCL 389.103 and 121, as amended

Reviewed: February 16, 2009
Approved: March 23, 2009
Reviewed: September 21, 2009
Approved: October 26, 2009

5811 Use of Telecommunications Equipment, Computer Systems, Networks, and Facilities

General: Employees are required to exercise care when utilizing College-owned, leased, or operated technology-related equipment, systems, and facilities. This policy includes all telecommunication equipment, the College network(s), and associated hardware/software, including, but not limited to, e-mail, voice mail, video, data, telephone, text message, fax, computer systems, and the Internet.

The following basic policy statements apply:

College equipment or facilities are not to be used for personal use. Employees are expected to use the College’s network for educationally related purposes and performance of job duties; however, incidental personal use of the network is permitted as long as it does not interfere with the employee’s job duties and performance of the system, or system users, and conforms to ethical standards set forth in this policy.
All other relevant board policies apply to the use of equipment, facilities, and the Network.
Research, writing, or other scholarly activities conducted by faculty using College equipment are examples of appropriate activities. Staff may similarly use College equipment assigned to them for the tasks set forth in their approved job description/assignment, and for research and the development of publications or educational materials related to their field of expertise, with prior written approval from their supervisor, provided that work effort does not interfere with their regular assignments.
Employees must promptly report to their immediate supervisor any defective equipment, malfunctioning operating systems, misuse, or inappropriate use of equipment and systems.
Computer labs and facilities must be supervised and secured.
All employees utilizing College computer systems will be assigned a user identification.

LEGAL REF: MCL 389.103 and 121, as amended
Reviewed: February 16, 2009
Approved: March 23, 2009
Reviewed: September 21, 2009
Approved: October 26, 2009

5812 Ownership/Operation/Supervision of Network(s)

General: The College telecommunications network(s), allowing access to e-mail, voice mail, telephone, video, data, computer systems, fax, software, and the Internet, is under the control, custody, and supervision of the College.

The following basic policy statements apply:

Employees and other Network users have no right of privacy and should have no expectation of privacy in materials sent, received, or stored in College-owned/leased/operated computers or on the College Network.
College officials reserve the right to monitor and review all computer, Internet, and other Network activities by system users.
This policy and Section 5810 are also applicable to other vendor networks and other education networks and telecommunications mediums which the College operates or utilizes.

LEGAL REF: MCL 389.103 and 121, as amended
Reviewed: February 16, 2009
Approved: March 23, 2009

5813 Civility

General: Mott Community College encourages and promotes an environment of civility and mutual respect among its diverse employees and student body. Faculty, staff, and students should treat one another in a respectful manner with civility, honesty, and courtesy. Each individual is expected to have regard for the dignity and needs of the people with whom they work and interact. Employees and students are reminded that freedom of expression comes with a responsibility to respect the rights and reputations of others.

College employees and students are expected to avoid behavior on or off campus or during College activities that substantially interferes with and creates an intimidating, hostile college environment (including the use of technology). Examples of these behaviors may include but are not limited to:

Bullying or harassment—any conduct reasonably perceived as being malicious, intimidating, hostile, humiliating, threatening, disparaging, likely to evoke fear of physical harm or is motivated by bias or prejudice based upon any actual/perceived characteristic. This includes comments, gestures, graphics, written statements, or physical acts (including, but not limited to, the use of electronically transmitted acts to cyberbully by way of cell phone, computer, or wireless handheld device).
Screaming and yelling with an intent to humiliate or intimidate.
Insubordination
Retaliatory actions

Reviewed: January 23, 2017
Approved: February 27, 2017

5814 Diversity, Equity, and Inclusion

The Board recognizes that diversity, equity and inclusion are essential to Mott Community College’s mission and the core of the MCC experience. Diversity, equity and inclusion are not limited to ensuring various constituencies are accounted for, but commitment to and implementation of an overarching philosophy that starts with a belief in the value of varying perspectives, a promise of mutual respect, and intentional actions that ensure fairness and inclusivity.

The Board is committed to providing students, employees, and the community at large a diverse, equitable, and inclusive college environment.

The Board embraces opportunities for all identity categories, such as race, color, religion, national origin, sex, disability, age, sexual orientation, gender identity, gender expression, immigration status, language, ethnicity, socioeconomic status, body type, or political views, with the understanding that it means building a vibrant, intellectual community that offers and respects a broad range of ideas and perspectives.

To emphasize the Institution’s commitment to this policy, Trustees, employees, and students will annually participate in a College-approved diversity, equity, and inclusion training.

The Board authorizes the President or his/her designee to:

Execute any efforts, initiatives, and activities on behalf of the College designed to:
1. Increase the understanding among students, employees, and the community at large that each individual is unique, and that embracing a full spectrum of experiences, viewpoints, and intellectual approaches that recognize differences and similarities adds to the richness and texture of the Mott Community College experience.
2. Recruit, hire, and support members of the College’s administration, faculty, and staff that are a diverse representation of our world, pursuant to all relevant Board policies, as well as state and federal statutes.
Initiate audits of College policies, processes, and procedures to identify and eliminate barriers impeding access, retention/persistence, and completion for all students.
Initiate audits of College policies, processes, and procedures to identify and eliminate barriers impeding access and retention for a diverse employee workforce.
Provide impactful annually-required diversity, equity, and inclusion College-wide trainings for Trustees, employees and students.
Develop and implement diversity, equity, and inclusion programming for the community at large that promotes awareness and increases advocacy efforts.
Promote opportunities for understanding and practicing ideals of diversity, equity, and inclusion as the basic tenets of the Mott Community College experience.

Reviewed: August 27, 2018
Approved: September 24, 2018
Reviewed: August 24, 2020
Revised: September 28, 2020

Board Policy: Section 5000 - Human Resources

Table of Contents

5000 Human Resources

5000 Introduction to Human Resources Policies

5100 Compensation and Benefits

5200 Equal Educational Employment Opportunity (EEO)/Non-Discrimination

5300 Labor and Employee Relations

5400 Records

5500 Safety

5600 Staffing and Separations

5700 Training and Development

5800 Working Conditions and Employee Conduct

5000 Human Resources

5000 Introduction to Human Resources Policies

5001 Terminology

5002 Public Employment Labor Relations Act (PERA)

5003 Nature of Employment for Administrators

5005 Independent Contractors

5006 Volunteers

5007 Corrective Discipline

5008 Board/Employee Communications

5100 Compensation and Benefits

5100 Compensation

5101 Employee Assistance Program (EAP)

5102 Deferred Compensation

5103 Reimbursement of Employee Expenses

5104 Emeritus

5105 Benefits Related to Employee Disability or Death

5200 Equal Educational / Employment Opportunity (EEO)/Non-Discrimination

5200 Equal Educational / Employment Opportunity (EEO)/Non-Discrimination

5201 Sexual Harassment

5202 Other Harassment

5203 Veterans and Military Personnel

5300 Labor and Employee Relations

5300 Recognition of Bargaining Units, Board Negotiating Agents, Contract Approval, Contract Administration, Staff Job Action

5305 Employee Recognition

5400 Records

5400 Maintenance of Records

5401 Access to Employee Records

5402 Reference for Current or Former College Employees

5403 Social Security Number Privacy

5500 Safety

5500 General

5501 Life Threatening Emergencies

5502 Communicable Diseases

5503 Weapons and Violence

5600 Staffing and Separations

5600 Management Role in Staffing and Separations

5601 Affirmative Action Plan

5602 Employment Procedure

5604 Position Control

5605 Nepotism

5700 Training and Development

5700 Training and Development

5702 Employee Conferences and Workshops

5800 Working Conditions and Employee Conduct

5800 Employee Conduct

5801 Drug-Free Workplace/Controlled Substances

5802 Employee Wellness

5803 Smoking and Tobacco Use

5804 Political Activities

5805 Solicitation of Employee Personal Funds

5806 Solicitations and Selling

5807 Inappropriate Relationships with Students

5808 Conflict of Interest

5809 Outside Activities of Employees

5810 Use of Equipment and Vehicles

5811 Use of Telecommunications Equipment, Computer Systems, Networks, and Facilities

5812 Ownership/Operation/Supervision of Network(s)

5813 Civility

5814 Diversity, Equity, and Inclusion