2.01
CSI HUMAN RESOURCE PHILOSOPHY (Added: 9/92)
CSI is committed to a quality working experience for all staff by:
2.02
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY (Rev:
2/2000; 10/2003)
The College of Southern Idaho is an equal opportunity/affirmative action
institution. The College seeks to ensure that all of its policies and procedures
are in conformity with, but not limited to, the Civil Rights Act of 1964 as amended, Title IX of
the Education Amendments of 1972, Americans with Disabilities Act of 1990, Section
504 of the Rehabilitation Act of 1973 as amended, and all other state and federal
non-discrimination statutes.
The College is committed to providing leadership in extending equal opportunities to all individuals. Accordingly, the College will continue to make every effort to provide those rights to all persons regardless of race, color, religion, sex, age, national origin, or disability. Decisions affecting the education, employment or access to services and facilities of faculty, staff, and students will be based only on performance and legitimate occupational and educational criteria.
This policy applies to all members of the College community including students, faculty, staff, administrators, vendors, and participants in college-sponsored activities. The policy also applies to all applicants for admission and all applicants for employment.
All faculty, administration, and staff will not discriminate in any personnel action, including but not limited to recruitment, appointment, promotion, training, separation, or terms and conditions of employment. Every step will be taken to ensure equal opportunities for all. Any employee found to have engaged in discriminatory conduct, including harassment, is subject to disciplinary action, up to and including termination of employment.
The Board of Trustees and the Administration of CSI recognize that discrimination can subvert the mission of the College and threatens, in both obvious and subtle ways, the careers of students, faculty, and staff. It is the responsibility of each and every member of the College community to ensure that meaningful, equal employment and educational opportunities exist and to take positive, aggressive steps to ensure equal opportunities for everyone.
2.03
PROBLEM SOLVING & GRIEVANCE PROCEDURE, INCLUDING DISCRIMINATION COMPLAINTS (Rev:
2/2000; 2.06 and 6.04 merged 10/2003; Rev: 7/06)
It is the firm and express policy of the College of Southern Idaho to maintain
a working and educational atmosphere of mutual confidence, trust, and respect
among employees and between employees and the College. It is realized that situations
may arise that must be solved. Problems may be resolved informally or through
a formal grievance investigation procedure.
CSI's problem solving policy, or due process, i.e. the right to be heard in his or her own defense, is intended to provide an equitable method for the administrative resolution of complaints without coercion, restraint, or reprisal against any employee for filing or for involvement in a complaint, and to establish a uniform method of filing a complaint.
All alleged claims of discrimination/harassment should be immediately reported to the Director of Human Resources.
After an issue has been filed as a complaint with a State or Federal compliance agency, the informal and/or formal procedures are not available to an employee. When a complainant has been filed with one of these agencies, their procedures must be followed.
INFORMAL PROBLEM SOLVING PROCESS
A problem is defined as a concern by an employee about the interpretation of
personnel policies and procedures, practices, working conditions, and/or discrimination
concerns (including age, race, color, religion, sex, national origin, disability,
or veteran status).
Every effort should be made to find an acceptable solution to a problem using the informal procedures. However, if the supervisor, the Director of Human Resources and/or the employee feel it necessary, the informal procedure may be bypassed and the formal procedure implemented. The Director of Human Resources should be informed of any discrimination complaint or of any procedural change.
Individuals who believe they have been subjected to alleged acts of discrimination, including sexual harassment, should quickly bring complaints to the attention of an administrator of the College.
An employee who has a problem should first try to resolve the issue in a timely manner through an informal discussion with their immediate supervisor. If the employee is not in agreement with the decisions reached through these discussions, or if no decision is reached, or if, because of the nature of the complaint, the employee cannot discuss it with their supervisor, the employee should see the Director of Human Resources. If the problem cannot be resolved on an informal basis through discussions with these parties, then the employee may begin the formal grievance procedure by submitting the complaint in writing in accordance with the formal grievance procedure. The supervisor should inform the Director of Human Resources of the inability to resolve the issue at the informal level.
FORMAL GRIEVANCE PROCEDURE
A grievance is defined as a claim or charge of injustice, oppression or discrimination
based upon an event or condition which affects the welfare or condition of employment
of a current employee that is presented for solution through the formal grievance procedure
established by the College.
CSI recognizes the right of the employee to use the employee grievance procedure without fear of or concern for retaliation.
If the employee's grievance has not been resolved through the informal process, he or she should submit as soon as possible a written request for a formal investigation to the Director of Human Resources, using the appropriate grievance procedure form. (See also CSI Discrimination Grievance Form and CSI Anti-Discrimination Grievance Form.) The employee shall state the nature of the grievance, the parties involved and their roles, and the remedy the employee suggests to correct the situation. Sign and date the complaint.
The Director of Human Resources, or a designated representative, shall conduct a finding of facts and then respond to the complainant within 30 workdays of receipt of the complaint. If the employee does not agree with the findings of the Director of Human Resources, the employee may appeal the decision, in writing within 15 workdays, to the President of the College.
After receiving the written grievance, the President, or his representative, shall conduct his investigation and shall respond with his decision to the employee in a timely manner.
Any retaliatory action of any kind taken by an employee of the College against another employee, applicant, or student of the College as a result of that person's seeking redress under these procedures is prohibited and that situation shall be regarded as a separate and distinct grievance.
The College has identified Monty Arrossa, Director of Human Resources, as the Coordinator for Title VII of Education Amendments of 1964, Title IX of the Education Amendments of 1972, and Sections 503 & 504 of the Rehabilitation Act of 1973, to help employees and students deal with sex, race, disability, and other forms of discrimination/harassment issues. He may be contacted at 208-732-6267 or by E-mail to Monty Arrossa.
Student-related issues should be directed to the Dean of Student Activities.
2.04
NON-DISCRIMINATION POLICY (Rev: 2/2000;10/2003)
The College of Southern Idaho is committed to maintaining a working and educational
environment that fosters appropriate and respectful conduct and communication
between all persons within the College community. CSI complies with Federal
and State Equal Employment Opportunity (EEO) regulations and strives to keep
the College free from all forms of discrimination/harassment, including sexual
harassment.
Discrimination or harassment is defined as repeated, health-harming mistreatment that could involve verbal abuse, threatening, humiliating, or offensive behavior or actions, or work interference. The College considers discrimination and harassment in all forms to
be a serious offense. Accordingly, the College will continue to make every effort
to provide equal opportunity rights to all persons regardless of race, color,
religion, sex, age, national origin, pregnancy and disability.
This policy is designed to protect the entire College community from illegal discrimination or harassment, including sexual harassment. Violation of this Policy may result in disciplinary action up to and including expulsion or termination. (See also 2.05 Policy and Procedures on Harassment and Discrimination.)
Individuals who believe they have been subject to prohibited discrimination or harassment should immediately report the incident to their supervisor or to the appropriate administrator within the College. If, due to the situation, the employee is not comfortable with reporting the issue to their supervisor, he/she may contact the Director of Human Resources directly. Complaints may be resolved informally or through a formal investigation. (See 2.03 Problem Solving & Grievance Procedure, including Discrimination Complaints.) Supervisors should inform the Director of Human Resources of any discrimination and harassment concerns.
Complaints are investigated in a timely manner and handled as confidentially as possible. Confidentiality, however, must be distinguished from anonymity. Due process and fair treatment requires that an individual accused of an offense and subject to sanctions be informed of the allegations, which may require disclosure of the identity of the complainant. The complainant must therefore be prepared to be identified.
Due to the damage that could result to the career and reputation of any person falsely or in poor faith accused of sexual harassment, all investigations and hearings surrounding such matters will be designed to the maximum extent possible to protect the privacy of, and minimize suspicion toward, the complainant, as well as the accused. Only those persons responsible and involved in the investigation will have access to confidential information.
The College has identified Monty Arrossa, Director of Human Resources, as the Coordinator for Title VII of Education Amendments of 1964, Title IX of the Education Amendments of 1972, and Sections 503 & 504 of the Rehabilitation Act of 1973, to help employees and students deal with discrimination and harassment issues. He may be contacted at 208-732-6267 or by E-mail to Monty Arrossa .
2.05
POLICY & PROCEDURES ON SEXUAL HARASSMENT (Added: 2/2000; Rev:
10/2003; 7/06)
The College of Southern Idaho is committed to an environment that is safe, secure, and free from all forms of sexual harassment. This commitment encompasses all relationships among administration, faculty, staff, or students. To this end, the college, in conjunction with federal and state guidelines, operates with the following policy designed to:
Sexual assault and/or sexual harassment are crimes that will not be tolerated on campus under any circumstances.
Sexual Assault/Sexual Battery
Sexual assaults that occur on campuses are referred to as "campus rapes." Although some assaults are committed by strangers, the majority are perpetrated by someone the victim knows. These assaults are called "acquaintance, or date rapes."
Rape is generally defined as forced sexual intercourse that is perpetrated against the will of the victim. The same definition applies regardless of whether the assailant is a stranger or an acquaintance. The type of force employed may involve physical violence, coercion, or the threat of harm to the victim. A sexual assault may also occur with incidents where there is no penetration. An example would be an assailant ripping off a victim's clothes and touching an intimate part of his/her body against his/her will. This type of assault is referred to as "sexual battery," which is generally defined as the unwanted touching of an intimate part of another person, such as a sexual organ, buttocks, or breasts for the purpose of sexual arousal. Regardless of the relationship between them, if one person uses force to coerce another into submitting to sexual intercourse, the act is defined as rape.
Sexual Assault and/or Sexual Battery are felony crimes defined by law in the state of Idaho. The college both recognizes and supports the jurisdiction that law enforcement officials have in such matters and commits to working cooperatively with the appropriate law enforcement personnel where appropriate action can ensue.
Sexual Harassment
Any form of sexual harassment is an affront to the culture of the College of Southern Idaho as well as a direct violation of federal law. Any member of the faculty, staff, student body or other employee of the college who engages in such harassment is violating the college's ethical standards and this policy. Sexual harassment is also prohibited by Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972.
Under law, sexual harassment is a type of gender discrimination that can occur in either a workplace or academic environment. This harassment manifests itself in both attitude and action.
Sexism is an attitude held by a person of one sex that he or she is superior to a person of the opposite sex. For example, a male who thinks that women are too emotional or a woman who thinks men are chauvinistic.
Sex discrimination is behavior that occurs when employment decisions are based upon an individual’s gender or when an employee is treated differently because of his or her gender. For example, an administrator who only promotes men because he thinks women will have to spend too much time away from work with their families has a sexist attitude that results in discriminatory behavior.
Sexual harassment is a behavior. It is defined as unwelcome behavior of a sexual nature. Sexual harassment at work or academia occurs whenever unwelcome conduct on the basis of gender affects a person’s job or educational opportunity. It is defined by the Equal Employment Opportunity Commission (EEOC) as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Persons need not intend or be aware that their actions are offensive in order for them to be culpable. If the complainant has previously told the accused that the behavior in question is offensive and the behavior continues, alleged conduct will be evaluated from the standpoint of a "reasonable person." Typically, the alleged conduct may substantially affect a reasonable person's work or academic environment, including residence halls, and official college-sponsored events. The "reasonable person" standard should take into account the context in which the alleged harassment took place as well as the complainant's perspective.
There are two legally recognized types of sexual harassment:
Employers, supervisors, coworkers, students, peers, and/or clients can create a hostile work environment.
Examples of Sexual Harassment
Examples of behaviors that could constitute Quid Pro Quo and Hostile Environment sexual harassment include but are not limited to:
Examples Cases of Sexual Harassment
Student A Reports:
Student A is a female enrolled in a program that traditionally attracts males, and she does not want to go to class anymore. Each day a group of male students sit in the back of the classroom and tell jokes of a sexual nature, and engage in conversation about their sexual experiences. Even though Student A is not the target of their conversation, she can clearly hear what is being said because she sits close to them in the back. Several times she has told them to stop and told them that others in the class do not want to hear their sexual jokes and all about their sex lives. They laugh and tell her to move to another seat if she does not want to hear.
Student B Reports:
Student B is a female enrolled in the XYZ program. One male instructor has been very friendly with her since the beginning of the semester. She feels he goes out of his way to talk to her about personal things that don't pertain to class. She is not doing well in the class and is close to failing, but needs this class to graduate. One day, she went to the instructor's office to talk about her grade. To her surprise, he offered her a passing grade if she would have sex with him. He told her that no one would have to know; that it would be their secret and with a passing grade she would be able to graduate.
Student C Reports:
Student C is in the Auto Body Repair and Painting program. She participates in the Cooperative Education Program which gives her the opportunity to gain valuable work experience in auto body repair and painting. As a co-op student this semester, she is working for LCK's Auto Body Repair and Painting Shop. She has reported that each time she goes to the shop, one of LCK's employees often touches her on the shoulder or waist, pats her thigh and slaps her on the rear end. He refers to her and other women in a very demeaning way, and tells her that her place is in the kitchen.
Employee A Reports:
Within the first few month of her employment, Employee A began to experience behavior from her immediate supervisor that made her feel very uncomfortable about coming to work. He often questioned her about her sex life and told her how bad his sex life was, complimenting her on how good she looks after having a baby, and made sexual comments about other female employees. All of the unwanted, unsolicited behavior began to make her sick to her stomach. There were many days that she called in sick because she did not want to face her supervisor.
Girl A came to a Resident Advisor with some complaints about a boy (Boy B) following her to her room, staring at her for two hours straight, and waiting outside the women's bathroom watching numerous girls going in and out, including her, of the women's bathroom. The RA informed the Resident Director and had Girl A document the situation. Girl A gave the information to the dorms Supervisor. The documentation state that the problem had been going on for two weeks. Girl A stated that she did not feel safe with this resident and felt like she was being harassed.
Student G is a non-traditional student who returned to school. Having had a hard time adjusting after almost ten years away, he visits one of his professors to discuss ways to improve his grade. She suggests that he visits her in her office after four o'clock class so that they can discuss the situation. When he arrives, she suggests they have dinner together so they can get to know each other better and find ways to help him get better grades. He declines. Following this, the professor will not see Student G during office hours. He receives a "D" for the course
Employee F worked as an administrative assistant at the College. Over a five-week period: her supervisor told employee F that she had a "good body" and that "If you worked out, you'd have a great body." Employee F made no response and redirected the conversation; two weeks later, her supervisor approached employee F to within a foot, scanned her body from head to toe and in a soft voice said, "You look good in tight skirts. They show off your butt." Employee F thereafter turned around and walked away; her supervisor repeated the statement "You look good in tight skirts" to employee F on a subsequent day when she was similarly dressed. Employee F ignored the statement; during lunch at a local restaurant, the supervisor took employee F’s hands, looked at her and commented "I like my women with good looks and brains." Employee F removed her hands and, after a brief period of silence, started talking about office matters.
Campus-Wide Sexual Harassment Education
The College shall make every effort to ensure that all members of the campus community are provided with sexual harassment training. To this end:
Procedures for Reporting and Responding to Reports of Sexual Harassment
Reporting and Responding
Making Reports of Sexual Harassment
All members of the CSI community are required to contact appropriate personnel if they observe or encounter conduct that may be defined as sexual harassment. Reports of sexual harassment may be brought to the Director of Human Resources, to any manager, supervisor, administrator, or other designated employee responsible for responding to reports of sexual harassment. If the person to whom harassment normally would be reported is the individual accused of harassment, reports may be made to another manager, supervisor, human resources coordinator, or designated employee. Managers, supervisors, and all other employees shall be required to notify the Director of Human Resources when a report is received. The campus shall respond, to the greatest extent possible, to reports of sexual harassment brought anonymously or brought by third parties not directly involved in the harassment. However, the response to such reports may be limited if information contained in the report cannot be verified by independent facts.
Conflict Resolution
The College recognizes that some problems of sexual harassment are a result of miscommunication or misunderstanding of intentions. As such, when appropriate, the College will attempt to resolve complaints through discussion and education/training. The campus encourages this option when the parties desire to resolve the situation cooperatively and/or when a formal investigation is not likely to lead to a satisfactory outcome. This may include inquiry into the facts, but typically does not include a formal investigation. This shall be a flexible discussion and encompass a full range of possible appropriate outcomes including mediating an agreement between the parties, separating the parties, referring the parties to counseling programs, negotiating an agreement for disciplinary action, conducting targeted educational and training programs, or remedies for the individual harmed by the harassment. It can also include options such as discussions with the parties, making recommendations for resolution, and conducting follow-up after a period of time to assure that the resolution has been implemented effectively.
While the College encourages non-adversarial resolution of a complaint, it recognizes that some reports of sexual harassment may not be appropriate for such resolution, and may require a formal investigation at the discretion of the victim and/or the Human Resource Director.
Procedures for Formal Investigation
If the conflict cannot be resolved by informal means, the campus may conduct a formal investigation. In such cases, the individual making the report shall be encouraged to file a written request for formal investigation. The wishes of the individual making the request shall be considered, but are not determinative, in the decision to initiate a formal investigation of a report of sexual harassment. In cases where there is no written request, the Human Resource Director, in consultation with the administration, may initiate a formal investigation after making a preliminary inquiry into the facts.
Formal investigation of reports of sexual harassment shall incorporate the following standards:
The individual(s) accused of conduct violating the Policy on Sexual Harassment shall be given a full and complete written statement of the allegations, and a copy of the Policy on Sexual Harassment and Procedures for Responding to Reports of Sexual Harassment.
Privacy
The College shall protect the privacy of individuals involved in a report of sexual harassment to the extent required by law and College policy. A report of sexual harassment may result in the gathering of extremely sensitive information about individuals in the College community. While such information is considered confidential, College policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual harassment. In such cases, every effort shall be made to redact the records in order to protect the privacy of individuals. An individual who has made a report of sexual harassment may be advised of sanctions imposed against the accused when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). However, information regarding disciplinary action taken against the accused shall not be disclosed without the accused's consent, unless it is necessary to ensure compliance with the action or the safety of individuals.
Confidentiality of Reports of Sexual Harassment
Confidential resources provide members of the College community who may be interested in talking to someone about a sexual harassment situation with a safe place to discuss their concerns and learn about the procedures and potential outcomes involved. Confidential resources include:
Because content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the College to address the alleged sexual harassment. However, individuals should be informed of the appropriate campus offices to which sexual harassment incidents may be reported.
2.06
AMERICANS WITH DISABILITIES ACT (ADA) (Added: 2/2000; Rev. 12/02
- merged 2.04 with 6.05)
The College of Southern Idaho complies with the Americans with Disabilities
Act of 1990 and the Rehabilitation Act of 1973. The Americans with Disabilities
Act (ADA) prohibits discrimination against qualified individuals with disabilities
in any aspect of employment. The Americans With Disabilities Act (ADA) requires
that employers provide opportunities for selection, testing and hiring of qualified
applicants with disabilities. Monty Arrossa,
Director of Human Resources, serves as the Title II ADA Coordinator. He is located
at TAB 123 or may be reached at 208-732-6267.
The ADA requires reasonable accommodation for a disabled person, unless the
accommodation would cause an undue hardship. Reasonable accommodations allow
an otherwise qualified person with a disability to perform essential job functions.
Any qualified individual employed at the College of Southern Idaho with a disability
who needs to have the disability reasonably accommodated must complete the procedure
as outlined below.
ADA DEFINITIONS
Individual with a disability: any person who: (1) has a physical or mental impairment
that substantially limits one, or more, major life activity, (2) has a record
of such an impairment or (3) is regarded as having such an impairment. To be
protected by the ADA, the individual must be a qualified individual with a disability.
Qualified individual with a disability: with respect to employment, a person
with disability who, with or without reasonable accommodation, can perform the
essential functions of the job in question.
Essential function: the ADA covers only qualified individuals with disabilities.
Determining the "essential functions" of a position is critical in
evaluating whether or not a person with a disability is qualified for the position
he or she holds. If an individual with a disability can perform the essential
job functions, with or without reasonable accommodation, he or she may be considered
qualified for the position held. EEOC regulations define essential function
as "the fundamental job duties of the employment position the individual
with a disability holds." Marginal duties are not included.
PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION BY A QUALIFIED INDIVIDUAL
WITH A DISABILITY (Added: 2/2000)
The employee may request the accommodation by obtaining a copy of the request
form from the Human Resource Department (HR), completing and signing it, and
returning it to HR along with appropriate medical documentation.
If an employee makes a verbal request for accommodation to a supervisor, or
other administrator, that individual should refer the employee to the Human Resource Department and notify HR of that referral.
When HR receives a signed request form, the Director will convene a meeting
of a representative from HR, the supervisor/unit head and other administrative
personnel as appropriate to discuss the request and reasonable accommodation.
The supervisor will provide this committee with a current job description for
the position held by the qualified employee.
If the individual meets the definition of a qualified individual with a disability,
a reasonable accommodation plan will be developed. Once it is agreed upon by
the requesting employee, the supervisor, and HR, the plan will be signed and
implemented. All accommodation plans will be reviewed after six months unless
a shorter period of review is agreed to in the plan.
If the employee does not believe that they have been treated fairly during this process or that the accommodation plan is not reasonable or does not reasonably accommodate their disability, they may file a grievance with the College through the formal grievance procedure (see 2.06 below).
2.07
INFORMATION & POLICY ON AIDS (Rev: 2/2000)
INTRODUCTION:
AIDS stands for Acquired Immune Deficiency Syndrome. This disease is caused
by the human immunodeficiency virus (HIV), which primarily attacks the body's
immune system, but may also affect other parts of the body. The College
of Southern Idaho does not condone or support discrimination of students or
employees infected with HIV or suspected of being infected with HIV. The
College will respond to each case as required by its particular facts, and in
accordance with the American with Disabilities Act. Any person who feels
they are being discriminated against, should immediately contact the Director
of Human Resources.
A healthy immune system normally defends the body against disease, but once HIV gains a foothold, the immune system begins to weaken. As a result, the body becomes more vulnerable to infections and cancers. As AIDS progresses, a person becomes overwhelmed by diseases and eventually dies.
People with HIV infection may be healthy, but have evidence of the infection because of the presence of an antibody to the virus in their blood. Others have a condition meeting the criteria of the surveillance definition of AIDS itself, or one of the lesser symptomatic manifestations of infection, such as AIDS-related Complex or Progressive Generalized Lymphadenopathy, as it is commonly referred to now.
HIV is transmitted by intimate sexual conduct and by exposure to contaminated blood. Although HIV may be found in many body fluids and secretions of people who are infected, its presence is correlated with transmission only through blood, semen, and female genital secretions. Current knowledge indicates that students or employees with any form of HIV infection do not pose a health risk to other students or employees in an academic setting. There has been no confirmed case of transmission of HIV by any household, school, or other casual contact. In fact, the public Health Service states that there is no risk created by living in the same place as an infected person, caring for an AIDS patient, eating food handled by an infected person, being coughed or sneezed upon by an infected person, casual kissing, or swimming in a pool with an infected person. These facts are the basis for this policy, which is derived from the best currently available medical facts about HIV infection and AIDS and applies to all students or employees.
PROCEDURES:
1. General Committee. The College of Southern Idaho will designate
a General Committee to organize and oversee the educational programs, and to
provide a mechanism for making such policy decisions as become necessary.
2. Confidentiality of Information. Without the expressed written consent of the patient, the College will not release specific or detailed information concerning complaints or diagnosis of HIV status to faculty, administrators, or parents. The College will strictly observe public health reporting requirements.
3. Safety Precautions. The College of Southern Idaho will follow the standard precautions recommended by the Center for Disease Control. The Rules and Regulations enacted in the Idaho Session Laws will be followed in the handling of blood and body fluids of all persons, not just those previously known to have HIV infection.
4. Please contact the Human Resource Department with any questions you may have. For additional information, please refer to Idaho Code Ch. 45, Sec. 1, 39-601 and Sec. 4, 39-609; and Ch. 151, Se. 1, 39-608.
2.08 CSI DRUG AND ALCOHOL FREE CAMPUS
POLICY AND DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES (Revised
and Approved 9/2000; Board Revised 4/2002, Rev: 1/2006)
PURPOSE
The College of Southern Idaho recognizes the health risks and costs associated
with the use of illicit drugs and the abuse of alcohol and is committed to providing
a drug-free and alcohol-free educational environment which supports the mission
of the College.
STATEMENT OF POLICY
It is the policy of the College of Southern Idaho that the unlawful manufacture,
distribution, dispensation, possession, use of a controlled substance, or the
use of alcohol by students and employees is prohibited in the workplace, on
College time, or on College property. This prohibition covers any individual's
actions that are part of College activities occurring on College property or
in the conduct of College business away from campus. At any time when an employee
of the College, on College business, accompanies students away from campus,
or is in a position to supervise students away from campus, the possession,
use or dispensation of a controlled substance or the use of alcohol by such
employee is strictly prohibited. The employee-student policy applies even when
the President, or his designee, deems it appropriate to permit the presence
of alcohol at an off-campus College sponsored event.
It is a condition of employment with the College that employees abide by this policy. All employees must sign a CSI Drug and Alcohol Free Workplace Acknowledgement and Agreement . Employees who have previously signed the Drug Free Workplace Agreement are subject to this policy. New employees will be required to sign the Agreement. A copy of this policy and these procedures are available on the CSI web site. Employees may request a hard copy from the Human Resource Department. All employees, prospective employees, and contract employees are subject to the terms and conditions of these revised policies and procedures. If the College of Southern Idaho functions as the fiscal agent and grantee for a specific program, that program may have greater, but not lesser, requirements.
TESTING POLICY
The State of Idaho has codified the procedure under which a political subdivision
of the State of
Idaho may test its employees for drugs and/or alcohol at Title 72, Chapter 17
of the Idaho Code.
The Board of Trustees of the College of Southern Idaho has determined that it
is in the best interest of the College, its administration, faculty and staff
to have a drug and alcohol testing policy. The College may require any employee
or prospective employee to submit to appropriate testing for the presence of
drugs or alcohol under circumstances which may include, but not be limited to
the following: post-accident, reasonable suspicion and return to duty/follow-up.
Employees will not be permitted to work with a detectable level of prohibited drugs in their system. The basis for determining "under the influence" and/or "detectable level" is, for the purposes of this policy, a positive test result for drugs and/or alcohol. A positive result for alcohol shall be .02 alcohol concentration or more. Prohibited drugs include both illegal and legal substances, including alcohol or prescription drugs that have not been specifically prescribed, or used as prescribed, by a licensed physician for specific treatment purposes of the employee at that time.
The policy of the College of Southern Idaho, which may be amended at any time, is as follows:
Post-accident:
Any employee whose performance either contributed to any accident or injury
or cannot be completely discounted as a contributing factor to an accident will
be tested based upon the following conditions:
1) If the accident caused injuries resulting in medical treatment being provided by a physician or his/her designee (other than first-aid).
2) If the accident resulted in significant property damage.
Reasonable suspicion:
When trained supervisory personnel determine there is reasonable suspicion to
believe an employee is under the influence, or in possession, of any substance
prohibited by these standards or is otherwise in violation of this policy, the
College may:
1) Require the employee to submit to a drug and/or alcohol test when at least one designated/trained employee and the President of the College, or his designee, have reasonable suspicion to believe that an employee is under the influence of drugs and/or alcohol. These beliefs will be based upon specific physical behavioral or performance indicators.
2) Turn over to appropriate law enforcement agencies any illegal substance found on the premises. This may result in criminal prosecution.
Return to duty/follow-up:
An employee who tests positive for drugs or alcohol may not return to work until
such employee tests negative. The College of Southern Idaho has the option of
disciplinary action up to and including termination for a confirmed positive
test. When disciplinary action has been chosen as an option, the employee may
return to duty when the following conditions, which may be at the employee's
expense, are met:
1) The employee must have a negative return-to-duty test for drugs and/or alcohol as specified in this policy. The sample collection and analysis of the specimen must be conducted at the company's designated site. The sample must have been collected no more than 24 hours prior to the employee's return to work..
2) The employee must submit to an evaluation (a copy of which is sent to the employer) by the College's designated Substance Abuse Professional/Employee Assistance Program identifying:a) Recommendations for treatment, if any.
b) A signed agreement from the employee stipulating to his/her commitment to the outlined plan/recommendations.
c) A plan for follow-up drug/alcohol testing to be completed for a period of time to be determined by the substance abuse professional.
TESTING PROCEDURES
1) Any testing for drugs or alcohol on current employees will be considered
work time for compensation purposes. Prospective employees shall not be paid
for any time spent for drug/alcohol testing. The College shall pay all initial
costs of drug or alcohol testing pursuant to this policy.
2) An employee does have the right to refuse to be tested. However, refusal
to submit to the test may be grounds for disciplinary action up to and including
termination.
3) Sample collection, testing and analysis for drugs or alcohol shall be performed
by the third party administrator and within the guidelines as set forth within
a Substance Abuse and Mental
Health Services Administration (SAMHSA) approved lab and Department of Health
and Human
Services (DHHS). The third party administrator will assure validity, confidentiality
and security of samples and test results. Sample selection and testing will
conform to the above guidelines, including scientifically accepted analytical
methods and procedures.
4) The third party administrator will designate a Medical Review Officer (MRO),
or his designee, to interpret, evaluate and monitor the drug testing program
and results. The MRO will be a licensed physician with knowledge of drugs, testing
methods and drug abuse disorders.
5) The College of Southern Idaho and/or physician shall determine the drug testing
technique
(e.g., urine sample, breath sample, blood sample, physical examination, sobriety
examination) to be administered.
6) All individuals who are required to be tested under the conditions of this
policy will report to the third party's administrator/College of Southern Idaho's
designated collection site and at the requested time.
7) If the test or retest is negative, the chain of custody form is reviewed
for completeness and accuracy and the results are reported to the College of
Southern Idaho.
8) If any test is positive for drugs or alcohol, the College of Southern Idaho
shall receive a confirmatory test.
9) If an employee or prospective employee tests positive for drugs or alcohol:
a) The employee shall be contacted by the MRO, prior to notification of the College of Southern Idaho, so that the MRO may determine whether a legally prescribed medication resulted in the positive drug test. It is the employee's obligation to be available to the physician so the situation can be discussed.
b) Any employee or prospective employee who tests positive for drugs or alcohol must be given written notice of that test result, including the type of substance involved.
10) Any employee who tests positive for drugs or alcohol may not return to
the work force until such employee tests negative.
11) Any employee or prospective employee who has a positive test result may
request that the same sample be re-tested by a mutually agreed upon laboratory.
A request for retest must be made in writing to the Director of Human Resources
within seven (7) working days from the date of the first confirmed positive
test notification and be paid for by the employee or prospective employee requesting
the test. If the retest results in a negative test outcome for an employee,
the
College will reimburse the cost of the retest and/or compensate the employee
for his time if suspended without pay.
12) Upon receipt of a confirmed positive drug or alcohol test result or other
proof which indicates a violation of this policy, or upon the refusal of an
employee to provide a test sample or upon an employee's alteration or attempt
to alter a test sample, the College may use that test result or the employee's
conduct as the basis for disciplinary or refusal-to-hire action. The College
may require that the current employee utilize the return-to-work procedure as
a condition of continued employment or reinstatement. Actions by the College
may include, but are not limited to, the following:
a) per the evaluation of a substance abuse counselor, the employee will enroll in a private employer-approved rehabilitation, treatment or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
b) suspension of the employee with or without pay for a period of time;
c) termination of the employee;
d) other disciplinary measures as deemed appropriate by the College.
13) All tests results will be maintained by the College of Southern Idaho in
a manner which assures their confidentiality and will be available to other
parties only upon specific written consent of the individual tested.
14) This policy shall conform in all respects with the provisions of Title 72,
Chapter 17, Idaho
Code.
15) This policy shall not in any way create a physician-patient relationship
with the College of Southern Idaho and a prospective or current employee.
16) If an employee tests positive for drugs or alcohol, such employee shall
not be considered disabled by virtue of the test results alone.
17) All prospective and current employees will be fully informed of the Drug
and Alcohol Free Workplace Policy and procedures prior to any testing being
administered. All employees will be provided with a copy of this policy. No
current or prospective employee will be tested until this information is made
available to him/her.
APPEALS PROCESS
In the event that any employee is found to have violated this policy and is
not satisfied with any action taken by the College under the provisions of 12
(a), (b), (c) or (d), such employee may appeal as follows:
(a) Within ten (10) days following notice of the action taken by the College concerning a violation of the policy, notify in writing the Director of Human Resources that the employee desires to appeal the decision, the basis for the appeal and the grounds upon which the employee believes that the action taken by the College was inappropriate;
(b) The "Appeals Committee" shall be composed of 5 members . The committee will include two members each from faculty and staff, and one member from the administration. Members from faculty and support staff will be selected by the faculty senate and by the staff organization.
Administration, professional and the President's Council members will be appointed by the President.
(c) Any appealing employee will be provided a full hearing on his or her appeal within thirty (30) days of the written notice of appeal and will be provided with a written decision by the Appeals Committee within ten (10) days following the hearing. If the Appeals Committee finds for the employee, the written decision will include a recommendation to the President for action to be taken regarding the employee's employment status.
(d) Failure to file any such appeal, in writing, within the (10) days following notice of the action by the College will constitute a waiver of the employee's right to appeal.
EDUCATION AND PREVENTION
The College of Southern Idaho recognizes drug and alcohol dependency as a serious
problem and as a health, safety and security threat to the business of education.
Employees who need help in overcoming such dependency should contact their supervisor,
the Employee Assistance Program or the Director of Human Resources. A voluntary,
conscious effort to seek such assistance is encouraged.
Employees are encouraged to learn more about the dangers of drug and alcohol abuse and may obtain more detailed information about available treatment and counseling options. For additional information contact the Director of Human Resources or the Employee Assistance Program.
CITATIONS AND VIOLATIONS AND CONVICTIONS OF CRIMINAL DRUG AND ALCOHOL STATUTES
The College serves as a public trust and it is in the public interest that all
employees report any citations for violations of this policy to their supervisor
or to the President. Employees must notify the President's Office of any criminal
drug or alcohol statute conviction not later than five (5) calendar days after
the employee is convicted.
ENFORCEMENT
Convictions or violations of CSI's Drug-free and Alcohol-free policy will result
in disciplinary action up to and including dismissal.
This policy complies with the requirements of PL 100-690, Title V, Section 5153. This alcohol policy does not apply to the College of Southern Idaho Foundation.
2.09
PLAN FOR DEVELOPMENT PROCEDURE
(Also see information on Employee
Performance Evaluations) (Rev: 6/2003; 1/05)
Regular full- and part-time employees and adjunct faculty are offered an opportunity
annually to develop an Individual Development Plan (IDP). The IDP is shared
with the supervisor or department head of the employee's unit or department.
The goal of the Plan for Development process is to encourage the communication of goals among individuals, and to assist, when possible, in providing resources to help meet professional and personal goals while concurrently meeting the strategic and operational goals of the College. Each of us seeking continuous development of ourselves leads to the continuous development of CSI.
For further information, please see the Goals and Objectives and Unit, Individual, and Maintenance worksheets for the Plan.
2.10 CSI REDUCTION IN
FORCE (RIF) POLICY, EXEMPT AND NONEXEMPT EMPLOYEES (Added: 12/2001)
The College of Southern Idaho highly values the contributions of employees
and attempts to provide regular employment. However, in the event it becomes
necessary for the College to reduce the work force because of economic conditions,
reorganization, changes in needs or technologies, programmatic considerations,
or other circumstances, this policy establishes procedures to ensure fair and
equitable treatment. The decision to retain or separate an employee due to a
reduction in force will follow from a fair and systematic consideration of the
current and future needs of the College relative to the employee’s skills,
knowledge, performance and productivity. Length of service will be considered
but may receive less weight in the determination, depending on the needs of
the College. Consistent with the at-will employment practices and policy, nothing
in this policy negates the College’s right to terminate any employee for
any reason or for no reason.
PURPOSE
This reduction in force procedure for employees provides equitable treatment
for the layoff of employees when reduction in force becomes necessary. A reduction
in force decision should be reached only after measures such as attrition or
a hiring freeze on vacant positions, limits on purchasing and travel, and job
sharing and work schedule alternatives have been considered.
A reduction in force (layoff) may take the form of elimination of jobs, reduction in percent effort, and/or reduction in salary. This policy is not to be used in the case where the employee is subject to termination for unacceptable conduct or performance problems and is currently on a performance improvement plan. It is important for units to manage unsatisfactory performance issues separately from the reduction in force process, although overall performance is a reduction in force consideration.
This policy applies to regular exempt and nonexempt employees working at least 20 hours a week. In addition, employees classified as instructional personnel, as defined in the Faculty Handbook, shall be subject to those pertinent sections within the faculty handbook. Administrative employees classified as Director or above are not covered under this policy and are subject to employment decisions made by the President and/or the Board of Trustees. Positions funded by sponsored funding, such as grants, are considered a type of term employment, conditioned upon specific funding and may have a defined end date and are not subject to this RIF policy.
Termination due to a reduction in force will be considered a final separation from that position at CSI. An employee who loses his/her position during a reduction in force will have no recall rights to the same or similar position. Human Resources will provide assistance to place the affected employee elsewhere within the College, if a similar available position is vacant and if the employee is qualified for the position. Consistent with normal recruiting and staffing practices, affected employees will be considered for any openings, should they apply.
The College will ensure that there is full compliance with EEO commitments, laws, and College policy when implementing a reduction in force. Race, color, gender, age, religion, creed, national origin, marital status, Vietnam Era veteran status, disabled veteran status, or disability are never a consideration in identifying an employee for reduction in force.
REDUCTION IN FORCE COMMITTEE
The President and his Administrative Council will serve as the Reduction in
Force (RIF) Committee. The committee will determine the work and positions that
are affected. This committee will counsel departments on exploring alternatives
to an imposed reduction in force, explain proper procedures for applying the
reduction in force policy and recommend exceptions to this policy.
PROCEDURES
Determining Priorities for Reductions
When a campus-wide reduction in force is ordered, the Reduction in Force Committee
will designate in which departments or functions the reductions will occur.
The President may elect to combine small offices, or include the entire campus
in some classifications. A reduction in force decision requires an evaluation
of the need for particular positions and the relative value of specific employees
so that the College can continue to provide the highest level of service possible
with a reduced work force.
When conditions necessitate a reduction in force, the committee will first determine if the work functions or activities can be eliminated. If so, the job of the individual(s) performing the work functions or activities will be terminated and the individual may be separated from service at the College.
If work functions or activities cannot be eliminated, employees may be subject to reduction in force by job classification on the basis of current and future needs of the College and on the employee’s skills, knowledge, performance and productivity, length of service (up to 10 years), and extenuating circumstances. However, when a reduction in force creates or elevates an operational need, an employee’s unique qualifications or skills for the position(s) remaining after reduction will be considered.
After the reduction in force determination is made, the department head shall prepare a written report that outlines the reasons supporting a reduction and the function(s) to be altered/eliminated. Before announcing or implementing an elimination of work or reduction in force that results in the termination of an employee, the affected area or department will review its written report, including position and classifications, names of employees to be terminated, reason for reduction in force and assessment of the reduction in force’s impact on EEO profile, including adverse impact analysis, with Human Resources. Written documentation relating to the identification of an employee for reduction in force must be retained for three years.
The President has final approval of all RIF plans.
RIF Notification
An administrator or supervisor, along with the Director of Human Resources,
will notify the employee as far in advance as possible, but an employee must
be notified a minimum of two weeks prior to the termination date.
An employee who has received notice of a reduction in force may elect to leave the College prior to that date. For purposes of salary and record keeping, the date of departure will then become the termination date.
Affected employees who continue to work during the two-week notice period may be given time off for job counseling and job interviews. HR will assist in providing job search information and assistance to the affected employee.
Each employee terminated by a reduction in force will also receive written reduction in force notification. The notice must include separation dates, direction for obtaining benefit information, eligibility for unemployment insurance benefits and appeal rights.
Appeal
If an individual who has been notified of layoffs has reason to believe the
action was not in accordance with this policy, he/she has ten (10) working days
from the date of layoff notification to appeal the decision to Human Resources
using the Grievance Process as outlined in the Employee Handbook.
BENEFITS
In accordance with College policy, an employee terminated because of a reduction
in force will receive payment for accrued vacation. In addition, non-exempt
employees will be eligible for paid compensation time.
No payment will be made for sick leave. Sick leave balance at the time of layoff will be restored if the employee is rehired by the College to a regular full-time position within twelve (12) months.
All College benefits will be continued through the remainder of the calendar month in which the layoff occurs.
Health insurance coverage will be handled in accordance with College policies and all applicable laws. Medical, dental, and vision insurance plans may be continued in accordance with COBRA, which in general allows for coverage continuation for 18 months beyond the termination date at the expense of the employee.
Retirement plan benefits will be provided according to the terms of the retirement plans.
Employees terminated as a result of reduction in work force may be eligible for unemployment insurance benefits. Eligibility is determined by the applicable state agency, not the College.
A CSI employee who is receiving tuition benefits for the employee and/or spouse prior to the day of separation will continue to receive the benefit through the end of the semester in which the separation occurs. The College will honor an approved tuition benefit request for the staff member’s dependents during the remainder of the academic year for which the student is currently enrolled.
Employees who leave the College in good standing will be eligible for rehire. Past performance will be considered when a former employee applies for rehire.