Chapter 3358:5-3 | Employment

Rule 3358:5-3-01 | Categories of employment.

• Effective: February 7, 2022
• Promulgated Under: 111.15

Employees are classified in one of the following groups: exempt staff, non-exempt staff, faculty, adjunct faculty, and other. "Other" employees are classified within one of the following groups: personnel services or substitutes.

(A) Exempt staff

(1) Exempt staff hold regular operational positions with the following characteristics:

(a) Are compensated on a salary basis;

(b) Are exempt from minimum wage and overtime compensation;

(c) Customarily exercise discretion and judgment;

(d) Have required specific knowledge and skills;

(e) Are engaged in primarily intellectual work;

(f) May direct the work of one or more people;

(g) May have the authority to recommend hiring and firing.

(2) Exempt staff are appointed as either full-time (those who work between two hundred days and two hundred sixty days) or part-time (those who work less than two hundred days).

(3) Exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the job trial period as determined by the immediate supervisor and the director of human resources.

(4) Continuing employment for all exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(5) Exempt staff holding faculty rank are governed by certain sections in the faculty handbook.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of exempt employees teaching for the college on an adjunct basis.

(B) Non-exempt staff

(1) Non-exempt staff are those administrative support, technical, custodial and maintenance personnel holding regular operational positions and who support the college's exempt staff and faculty.

(2) Non-exempt staff are covered by the federal wage hour law which provides for minimum wage and overtime/compensatory time for hours worked in excess of forty per week.

(3) Non-exempt staff are appointed as either full-time (those who work between sixteen hundred hours and two thousand eighty per year) or part-time (those who work less than sixteen hundred hours per year).

(4) Non-exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the job trial period as determined by the immediate supervisor and the director of human resources.

(5) Continuing employment for all non-exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of non-exempt employees teaching for the college on an adjunct basis.

(C) Faculty

(1) Faculty are those employees who facilitate student learning. Instructional faculty work one hundred seventy-three days during the academic year (August through May). Instructional faculty may be appointed to work one hundred seventy-three days during the academic year with a teaching load of less than full-time.

(2) Multiple-year contracts

(a) Upon the completion of four years of service to the college under single-year contracts, faculty members may be nominated by their school administrator for a multiple-year contract. Upon the completion of two two-year contracts, faculty members may be offered a three-year contract. Subsequent contracts may be offered for one, two, or three years as recommended by the president and approved by the board of trustees. Faculty that hold the rank of professor may be granted a five-year contract if specific circumstances are met. Some of those circumstances may include: recommendation from the academic dean, review of previous end of year reports, and review of evaluations. All contracts must be approved and recommended by the president and approved by the board of trustees.

(b) A multiple-year contract indicates a commitment of service to the college but does not guarantee that all of that service will be in one particular position, such as program coordinator. If the position of employment changes, the salary shall be recomputed at the same daily rate of pay.

(c) Upon approving the divisional administrator's recommendations for a multiple-year contract, the vice president of academic and student affairs forwards his/her recommendations to the president. The president takes the recommendations to the board of trustees for formal approval.

(d) Any eligible faculty member not recommended for a multiple-year contract may request a hearing with the divisional administrator. Any further review shall be conducted in accordance with procedures set out in the grievance procedures.

(3) Faculty members whose salary is funded by a third party will receive one-year contracts with the employment contingent on the continuance of the funding.

(4) For details regarding the diversity fellowship program and temporary full-time faculty, please refer to rules 3358:5-3-01.1 and 3358:5-3-01.2 of the Administrative Code.

(D) Adjunct faculty

(1) Adjunct faculty shall be placed in one of the following categories:

(a) Adjunct faculty with a semester contract

(i) Ranked adjunct faculty employed to teach one or more credit courses for one semester.

(ii) Adjunct faculty may teach up to fifteen credits per semester. Faculty who provide exclusively laboratory and/or clinical instruction may teach up to fourteen lab contact hours or twenty-eight clinical contact hours per week. Total credit hours and contact hours taught per academic year may not exceed the equivalency of thirty semester load hours.

(iii) Adjunct faculty are contracted for individual courses.

(iv) This paragraph does not pertain to those teaching non-credit continuing education courses and business and industry training.

(v) Adjunct faculty must meet the regular full-service faculty rank criteria in order to become a ranked adjunct faculty member. The highest initial rank upon employment is that of adjunct instructor II. Initial classification and ranking is determined by the dean of the respective school. Adjunct faculty must meet specific criteria to be eligible for promotion in rank to adjunct instructor III and to adjunct instructor IV.

(b) Special supplemental staff: persons teaching credit or non-credit courses in the continuing education and business and industry units.

(c) Substitute: persons substituting on a day-to-day basis.

(d) Long-term substitute: persons substituting in a long-term situation.

(e) College staff: exempt and non-exempt staff may teach for the college as long as they teach outside their normal work hours and abide by the teaching limits imposed on adjunct faculty with a semester contract as stated in paragraph (D)(1)(a)(ii) of this rule.

(2) Please refer to rule 3358:5-5-01.4 of the Administrative Code for details regarding the pay rate for adjunct faculty.

(E) Personnel services employees are those employees who provide non-teaching services for the convenience of the college. Personnel services employees are contracted on a semester basis as the need arises.

(F) Substitute employees are those employees who are hired for a limited period to perform a specific task for the convenience of the college.

Last updated February 7, 2022 at 8:43 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 3/18/2015

Rule 3358:5-3-02 | Releasing personnel as consultant-evaluators.

• Effective: March 27, 2015
• Promulgated Under: 111.15

(A) A qualified full-time employee wishing to serve as a consultant-evaluator for purposes of accreditation review shall submit a written request via administrative channels to the office of the president as soon as possible but no later than ten days prior to the day(s) of absence requested. Requests will not be approved without endorsed certification relative to staffing needs by the appropriate supervisory personnel. The president shall be the final authority on all approvals or rejections.

(B) All expenses involved, exclusive of the salary of the released personnel, must be borne by the accrediting agency, the institution requesting services, or the employee released.

(C) Honorariums may not be accepted by released personnel except under the following conditions prescribed by the auditor of the state of Ohio.

(1) If the person involved is either the president or vice president of the institution, they may not at any time accept any form of additional compensation other than expenses from a public institution of the state of Ohio.

(2) Employees other than the president or vice president may accept compensation in addition to expenses from public institutions of the state of Ohio provided they serve as a consultant-evaluator on a non-work day, or take a day(s) of due vacation, or take a day(s) of leave with salary reduction pursuant to per diem policy.

(D) Employees released to serve as consultant-evaluators may accept compensation in addition to expenses from proprietary, private, or out-of-state public institutions provided they serve as an evaluator/consultant on a non-work day or take a day(s) of due vacation, or take a day(s) of leave with salary reduction pursuant to per diem policy.

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 7/1/1998

Rule 3358:5-3-03 | Personnel retrenchment policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) It is the policy of the board of trustees of Clark state college to maintain the financial viability of the institution through the judicious use of all of its resources in the continued pursuit of excellence as a state college.

(B) Pursuant to its statutory responsibilities to prescribe rules and regulations for the efficient management of the college, and in recognition of projections of diminishing as well as changing patterns of enrollments and funding, the president is directed to establish administrative procedures for the determination of financial exigency or lack of program enrollment involving personnel retrenchment (reduction-in-force).

These procedures will be designed to provide appropriate information to the college community, to explore reasonable alternatives to personnel retrenchment, and in the event such is determined unavoidable, to ensure the most orderly, equitable, and least disruptive personnel realignment possible.

Last updated November 17, 2022 at 8:54 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 7/1/1979, 3/18/2015

Rule 3358:5-3-04 | Sexual discriminationand Title IX policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Clark state college is committed to providing a safe, collegiate, working and learning environment that promotes personal integrity, civility, and mutual respect and that is free of discrimination, harassment, or adverse treatment. Sex discrimination violates a person's fundamental rights and personal dignity. Clark state community college considers sex discrimination in all its forms to be a serious offense.

(1) Title IX of the Education Amendments of 1972 to the Higher Education Act of 1965 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. Education program or activity includes locations, events, or circumstances over which the college exercised substantial control over both the respondent and the context in which the sexual harassment occurs. To ensure compliance with Title IX and other federal and state civil rights laws, the college has developed policies and procedures that prohibit sex discrimination in all of its forms.

(2) Clark state college does not discriminate on the basis of race, color, religion, gender/sex, gender identity or expression, national origin (ancestry), military status, disability, age (forty years of age or older), genetic information, sexual orientation, status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, or status as a foster parent and any other protected group status as defined by law or college policy in its educational programs, activities, admissions, or employment practices as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable statutes.

(B) Clark state college encourages anyone who has experienced sex discrimination in any form, whether or not that person is a minor, to promptly report the incident, to seek all available assistance, and to pursue corrective action through the college against the offender, regardless of whether or not that person is a minor. The college encourages anyone who has experienced sex discrimination, whether or not he or she is a minor, to report the incident to the appropriate Title IX coordinator listed in the associated procedures. The Title IX coordinator can assist with all aspects of the reporting procedure and will conduct an investigation into a complaint as appropriate. Clark state is required to report to law enforcement, child protective services, or similar agency any case of sexual abuse of a minor by faculty, staff, or volunteers affiliated with the college.

(C) Definitions

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to the college's Title IX coordinator or an official of the college who has authority to institute corrective measures on behalf of the college.

(2) Coercion: the use of pressure to compel another person to initiate or continue sexual activity against a person's will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person's words or conduct are sufficient to constitute coercion if they wrongfully impair another person's freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to "out" someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity.

(3) Complainant: a person who is alleged to be the victim of conduct that could constitute sexual harassment.

(4) Consent: permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent even in the context of an ongoing relationship. Consent must be sought and freely given for each instance of sexual contact.

(5) Formal complaint: a document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the college investigate the allegation of sexual harassment.

(6) Gender expression: how a person presents themselves (female, male, androgynous, or as another gender) as evidenced by their manner of dress, speech or other physical expression.

(7) Gender identity: person's internal knowledge of their own gender. A person may identify as a gender that does or does not appear to correspond to the sex (male or female) assigned to that person at birth, or the person may identify as neither female nor male.

(8) Gender-based harassment: harassment based on sex or gender, sexual orientation, gender identity, or gender expression, which may include acts of intimidation or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature.

(9) Incapacitation: physical and/or mental inability to make informed, rational judgments and decisions. States of incapacitation include sleep and blackouts. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person's decision-making capacity, awareness of consequences, and ability to make informed judgments.

(10) Non-consensual sexual contact: any intentional sexual touching, however slight, with any body part or object, by any person upon another that is without consent and/or by force or coercion. Sexual contact includes: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts or objects, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.

(11) Non-consensual sexual intercourse: any sexual penetration, however slight, with any body part or object, by any person upon another that is without consent and/or by force or coercion. Sexual penetration includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact); no matter how slight the penetration or contact.

(12) Respondent: a person who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

(13) Retaliation: an adverse action taken against a person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or complaint testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing involving allegations of sex discrimination in violation of this policy.

(14) Sex discrimination: occurs when a person has been treated inequitably based on sex, sexual orientation, gender, gender identity, or gender expression. Sex discrimination can be committed by anyone regardless of sex, gender, gender identity, gender expression and/or sexual orientation.

(15) Sexual exploitation: occurs when a person takes non-consensual or abusive sexual advantage or benefit, or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses.

(16) Sexual harassment: conduct on the basis of sex that satisfies one or more of the following:

(a) Quid pro quo: An employee conditioning the provision of an aid, benefit, or service of the college on a person's participation in unwelcome sexual conduct.

(b) Hostile environment: unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution's education program or activity.

(c) Sexual assault: an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the federal bureau of investigation. The FBI uniform crime reporting system provides:

(i) Sex offenses forcible. Any sexual act directed against another person, without that person's consent including instances where the person is incapable of giving consent.

Forcible rape - the carnal knowledge of a person, forcibly and/or against that person's will or not forcibly or against that person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.

Forcible sodomy - oral or anal sexual intercourse with another person, forcibly and/or against that person's will or not forcibly or against that person's will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sexual assault with an object - the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical in capacity.

Forcible fondling - the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will or not forcibly or against that person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary mental incapacity.

(d) Sex offenses non-forcible unlawful, non-forcible sexual intercourse.

Incest - non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory rape - non-forcible sexual intercourse with a person who is under the statutory age of consent.

(i) Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the complainant's statement and with consideration of the length and type of relationship, and the frequency of interaction between the persons involved in the relationship.

(ii) Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the complainant's statement and with consideration of the length and type of relationship, and the frequency of interaction between the persons involved in the relationship.

(iii) Domestic violence: felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(iv) Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to

(a) Fear for their safety; or

(b) Suffer substantial emotional distress.

(17) Sexual violence: physical sexual acts perpetrated against a person's will or when a person is incapable of giving consent.

(18) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent.

(D) This policy applies to all the following, including those who may be minors:

(1) Non-exempt and exempt staff employees

(2) Faculty and adjunct faculty

(3) Temporary employees

(4) Students

(5) Vendors, visitors, and other third parties

(E) The college will not tolerate sexual harassment, whether engaged in by fellow employees, supervisors, students, or by other non-employees who conduct business with the college. The college shall investigate any incident of alleged sexual harassment and shall take any action it deems appropriate after evaluating all of the circumstances.

(F) This policy shall be administered as set forth in the associated procedures.

(G) The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the sexual discrimination policy and procedures.

Last updated November 17, 2022 at 8:55 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358

Rule 3358:5-3-05 | Recruitment and selection policy.

• Effective: February 20, 2024
• Promulgated Under: 111.15

(A) Clark state college recruits and selects the most qualified individuals for opens positions.

This shall be fulfilled within the contex of the following statement of nondiscrimination and commitment to diversity:

(1) Clark state college does not discriminate on the basis of race, color, religion, gender/sex, gender identity or expression, national origin (ancestry), military status, disability, age (forty years of age or older), genetic information, sexual orientation, status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, or status as a foster parent and any other protected group status as defined by law or college policy in its educational programs, activities, admissions, or employment practices as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable statutes.

(2) Commitment to diversity: The college is committed to employing administrators, faculty and staff members who are dedicated to student success. The college recognizes that diversity in the academic environment fosters cultural awareness, promotes mutual understanding and respect and provides suitable role models for all students. The college is committed to hiring and staff development processes that support both equal opportunity and diversity, and provide equal consideration for all candidates as required in federal and state law.

(B) This policy applies to all college employees and applicants for employment.

(C) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(D) Any false statement, misrepresentation or significant omission on the application form or resume submitted by the applicant may be cause for immediate dismissal from the college.

(E) The human resources office has the responsibility of developing, implementing and maintaining the hiring, recruitment and selection policy and procedures.

Last updated February 20, 2024 at 8:50 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 2/7/2022

Rule 3358:5-3-07 | Separation from employment.

• Effective: March 27, 2015
• Promulgated Under: 111.15

(A) Separation from employment at the college may be caused by retirement, resignation, contract non-renewal, or involuntary termination. Each type of separation carries certain obligations for both the employee and the college.

(1) Retirement is customarily well planned and the employee should inform the supervisor as far in advance as possible of the effective date. Wherever possible, the college shall respect the wishes of the employee and shall work out a phase-out program that benefits both the employee and the on-going needs of the college. The college does not have a mandatory retirement age.

(2) Resignation may occur at any time for all employees except instructional faculty. The college respects the effective date of the resignation in exchange for the consideration a resigning employee has for the impact of the resignation to the on-going activities of the college.

Appointment to an instructional faculty position at the college is by contract. As such, there is a professional/legal obligation on the part of the instructional faculty member and the college to abide by the terms of the contract. Instructional faculty members have a professional/legal responsibility to provide reasonable notice (in a timely fashion) when they request to be released from a mutually agreed upon contract.

(3) The college reserves the right to decline the renewal of instructional faculty contracts without providing for cause.

(4) Involuntary terminations could occur in the event of retrenchment, the unsatisfactory performance of an employee, or at any time for any or no cause (at-will employer).

(5) In instances where evaluative procedures indicate lack of satisfactory performance in teaching, professional growth, and service to the college and/or the non-renewal of an instructional faculty member's contract, a recommendation for termination of employment of an instructional faculty member shall be made to the board of trustees by the president.

(B) Administrative guidelines and procedures to implement the policy for separation from employment shall be at the discretion and approval of the president.

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 1/28/1978

Rule 3358:5-3-09 | Equal employment opportunity and diversity policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Purpose

To reaffirm and restate the college's continuing commitment to diversity and the principles of equal opportunity; to increase effectiveness by setting forth the action being taken and to be taken by the college and its employees concerning equal opportunity in educational programs and employment.

(B) Equal opportunity statement

Clark state college is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, religion, gender/sex, gender identity or expression, national origin (ancestry), military status, disability, age (forty years of age or older), genetic information, sexual orientation, status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, or status as a foster parent or any other protected group status as defined by law or college policy in its educational programs, activities, admissions, or employment practices.

Title IX of the Educational Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive federal financial assistance.

(C) General policy

The college is committed to complying with all applicable laws regarding non-discrimination.

(D) Subcontractors, independent contractors and vendors

Clark state college adheres to all applicable state and federal equal opportunity/affirmative action statues and regulations.

Last updated November 17, 2022 at 8:55 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 3/18/2015

Rule 3358:5-3-10 | Faculty salary administration policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Clark state college supports a salary administration process that is based on internal equity and market competitiveness.

(B) Fair market value is also a critical component of salary administration.

(C) The college shall use benchmarks of other colleges against which the salaries will be compared.

Last updated November 17, 2022 at 8:55 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 6/27/2003

Rule 3358:5-3-12 | Faculty load and overload policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Clark state college's load for instructional faculty is designed to be competitive with other colleges of similar size and geographic location.

(B) Faculty responsibilities lie in the areas of teaching/learning, professional growth, and service to the college and community.

(C) The teaching load for full-time instructional faculty is fifteen load hours per term or thirty per academic year.

(D) The number of days faculty are on contract is one hundred seventy-three.

(E) Appropriate administrative procedures have been developed to implement the policy and have been approved by the president.

Last updated November 17, 2022 at 8:55 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 6/15/1982

Rule 3358:5-3-13 | Work week policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Full-time instructional faculty members are expected to teach according to the schedule that has been established by the respective dean. In addition to their teaching assignment, instructional faculty are expected to give time to committee work, general or division staff meetings, and have posted office hours for student consultation. Full-time instructional faculty members are to be available to students, through posted office hours, five hours per week. Two of the five hours may be scheduled for use of innovative methods to increase accessibility to students.

(1) Faculty members are expected to hold classes at times and places listed in the class schedule. Requested changes must be cleared through the divisional office and reported to the dean.

(2) Faculty members who are unable to meet assignments due to illness or other unavoidable reason shall inform their dean as soon as possible.

(3) Whenever it is necessary for a faculty member to be away from campus for any reason, appropriate arrangements shall be made for the missed classes and the absence shall be reflected on the bi-weekly time summary which is completed by the dean.

(B)

Non-exempt staff are assigned working hours with full-time employees working eight hours per day during a five-day work week. Employees assigned to administrative or academic units typically follow a daily eight a.m. to five p.m. work schedule with one hour allowed for lunch. Maintenance/custodial personnel frequently follow a different eight hour daily schedule to allow access to unoccupied classrooms and office areas.

The college does not designate a formal rest period for non-exempt employees. Taking a break depends on the department involved and whether or not the work of the department is of such a nature that it can be interrupted at some time during the day for these employees to have a few minutes off. When rest periods are allowed, these are limited to two fifteen minute breaks per day -- one in the morning and one in the afternoon. Rest periods are not cumulative and may not be taken at the beginning or end of the day.

(C) Exempt staff are generally assigned working hours with full-time employees working eight hours per day during a five-day work week. However, it is understood and recognized by these employees that there may be instances, due to work load, college functions, etc., where they may be required to work additional hours per week.

Last updated November 17, 2022 at 8:56 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 6/1/2011, 10/23/2015

Rule 3358:5-3-15 | Overtime and compensatory time policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Employees are often required to work above their normal scheduled hours during the forty-hour workweek (otherwise referred to as overtime). Acknowledging that need, Clark state college is committed to ensuring all eligible employees are fairly compensated for all overtime hours worked in accordance with the provisions of the department of labor and the Fair Labor Standards Act. This policy is designed to ensure fair and consistent application of pay practices across the college.

(B) Definitions:

(1) Work week A workweek is defined as Monday to Sunday.

(2) Overtime Overtime is defined as any hours physically worked and/or approved school closings over forty hours in one workweek. Hours included in the calculation of these forty hours are actual hours worked, holiday time, winter break, and weather hours (times the college is closed).

(3) Overtime pay is defined as money earned by non-exempt employees who earn overtime in one workweek. This is computed at the rate of one and one-half times the employee's regular rate of pay for overtime hours worked.

(4) Compensatory (comp) time is defined as one and one-half hours off for every hour of overtime worked.

(5) Holiday hours is defined as the employee's normal scheduled work hours for that day.

(6) Holiday pay is defined as the employee's holiday hours times his/her regular rate of pay. Holiday will be administered in accordance with the college calendar/holiday pay policy (rule 3358:5-5-12 of the Administrative Code).

(C) This policy applies to the following employees:

(1) Full-time, non-exempt employees (employees hired to work sixteen hundred to two thousand eighty hours per year). Full-time, non-exempt employees are eligible for overtime and comp time.

(2) Part-time, non-exempt employees (employees hired to work less than sixteen hundred hours per year). Part-time employees are eligible for overtime only.

(3) Full-time and part-time exempt employees (exempt staff, faculty, and adjunct faculty). Full-time and part-time exempt employees are not eligible for overtime or comp time.

(D) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(E) The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the "Overtime and Compensatory Time Policy."

Last updated November 17, 2022 at 8:56 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 3/13/1978

Rule 3358:5-3-16 | Per diem pay adjustment.

• Effective: March 18, 2015
• Promulgated Under: 111.15

(A) When it is necessary to calculate the daily rate for an employee and make a pay deduction from an employee's base salary the following divisor shall be used:

(1) Regular full-time employees:

(a) Instructional faculty - one hundred seventy-six days

(b) Exempt staff - two hundred sixty days

(c) Non-exempt staff - two thousand eighty hours

(2) Regular part-time employees:

(a) Instructional faculty one hundred seventy-six days times FTE

(b) Exempt staff two hundred sixty days times FTE

(c) Non-exempt staff two thousand eighty hours times FTE

(B) When it is necessary to calculate vacation pay for resigning employees or to calculate vacation or severance pay for retiring employees, the following divisor shall be used:

(1) Regular full-time employees

(a) Instructional faculty - one hundred seventy-six days

(b) Exempt and non-exempt staff two hundred forty-eight days less the number of vacation days accrued annually

(2) Regular part-tme employees

(a) Instructional faculty one hundred seventy-six days times FTE

(b) Exempt and non-exempt staff two hundred forty-eight days times FTE less the number of vacation days accrued annually

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 1/6/2003

Rule 3358:5-3-18 | Use and ownership of employees' personal work products.

• Effective: October 23, 2015
• Promulgated Under: 111.15

(A) Employees may not utilize Clark state community college personnel, facilities, or equipment for purposes not related to the college mission without the written permission of the president, or his or her designee.

(B) For purposes relating to the college mission, unless otherwise provided in writing signed by the president, the institution shall have unlimited use of all employees' personal work products created with the assistance of institutional personnel, facilities, or equipment.

(C) For purposes relating to the college mission, unless otherwise provided in writing signed by the president, materials, processes, or work products created with the assistance of institutional personnel, facilities, or equipment, or created while under contract with the institution for the purpose of the creation of such materials, processes, or work products shall be the exclusive property of the institution.

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 10/4/1982

Rule 3358:5-3-19 | Nepotism.

• Effective: March 18, 2015
• Promulgated Under: 111.15

(A) The college shall not prohibit employment of relatives in the same department, division or administrative unit provided that neither relative participates in making recommendations or decisions specifically affecting the appointment, retention, evaluation, work assignment, promotion, demotion, or compensation of the other relative.

(B) For the purposes of this policy, relatives are defined as brother, sister, mother, father, wife, husband, son, daughter, brother-in-law, sister-in-law, mother-in-law, father-in-law, stepchildren, stepparent, grandparent, step-grandparent, grandchildren, step-grandchildren.

(C) If individuals are in violation of the nepotism policy, the following must be conducted by the cognizant administrator/supervisor:

(1) First priority is to effect a transfer of one of the related individuals if possible.

(2) Second priority is to transfer total supervisory responsibility for that individual from the immediate supervisor to the second-level supervisor. Total responsibility refers to participation in making recommendations or decisions specifically affecting the appointment, retention, evaluation, work assignment, promotion, demotion, or compensation of employees.

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 1/6/2003

Rule 3358:5-3-20 | Conflict of interest policy.

• Effective: February 20, 2024
• Promulgated Under: 111.15

The purpose of this conflict of interest and commitment policy is to ensure that employees conduct themselves in a manner that fosters public confidence in the integrity of the college and commitment of its employees, and to ensure compliance with Ohio's ethics laws.

"General Standards of Ethical Conduct and Duty to Avoid Conflicts of Interest"

All Clark state college employees are expected to comply with Ohio's ethics laws and avoid improper conflicts, as found in Chapters 102. and 2921. of the Revised Code. The guiding principle of Ohio's ethics laws is to prevent a public employee, including college faculty, administrators and staff, from participating in matters that involve the public employee's own financial interest or those of the employee's family or business associates. College employees must therefore conduct themselves in a manner that avoids favoritism, bias, and the appearance of impropriety. As such, no college employee, by virtue of his or her employment, may receive special treatments or favors from others who do business with the college. Nor may employees use their college position for their personal benefit or for the documents/policies and procedures/conflict of interest and commitment policy benefit of a family member, as defined by this policy, or non-college business associate.

"College Commitment"

All Clark state college employees are expected to devote their work activities to functions of the college during college work hours. Employees may not engage in external work or any activities, paid or unpaid, that could result in a conflict of interest or could interfere with their overriding commitment to the college or to the performance of their duties and responsibilities to the college. This prohibition also applies to political activities and non-college governmental work (elected or appointed office). Employees who engage in external work or activities are expected to perform such work or activity during non-college work time, without utilizing college property or resources.

If external work or activity is performed during assigned college work time, employees must use vacation time that has been pre-approved by the supervisor.

Any employee who is elected or appointed to public office must promptly notify his or her area vice president or dean upon the election or appointment.

"Soliciting, Accepting or Using Authority for Anything of Value"

Employees may not solicit or accept "anything of value" from anyone who does business with the college, is seeking to do business with the college, is regulated by the college, or is interested in matters before the college. Nor may employees use the authority of their college position to secure "anything of value" from anyone who does business with the college, is seeking to do business with the College, is regulated by the College, or is interested in matters before the College. Such actions are considered "misuse of official position" under Chapter 102. of the Revised Code.

If an unsolicited gift is received, the employees should immediately notify the supervisor. The supervisor should consult with the director of human resources to determine an appropriate course of action, which could include disposal, return or, as an example a food item that can be broadly distributed, sharing the gift.

The prohibitions under this section do not apply to items of nominal value. Examples include conference trinkets, a meal at a fast food or family restaurant, a promotional item, so long as they are not viewed as having a substantial or improper influence over the employee.

"Honorariums"

Employees, except for non-administrative faculty, as expressly authorized in division (H) of section 102.03 of the Revised Code, are prohibited from soliciting or accepting an honorarium, as defined by this policy.

"Public Contracts"

As directed by section 2921.43 of the Revised Code, employees are prohibited from authorizing, approving, recommending, or in any manner influencing others to secure a college contract in which the employee or family-member or non-college business associate has a financial or personal interest. In order to avoid even the appearance of impropriety, employees may not participate in any college decision-making process, formally or informally, regarding a college contract that could provide a personal benefit.

Employees, their family members and/or non-college business associates are specifically prohibited from having an interest in the profits or benefits of a college contract that has not been competitively bid.

"Ohio's Ethics Laws"

It should be realized that every type or source of conflict of interest cannot possibly be outlined in this policy. Ohio laws concerning conflicts of interest, namely Chapter 102. of the Revised Code and sections 2921.42 and 2921.43 of the Revised Code, must be adhered to in the conduct of any duties related to employment with the college. A summary of Ohio's ethics laws and guidance from the Ohio ethics commission can be found at www.ethics.ohio.gov.

"Disclosing Conflicts and Reporting Violations"

Clark state college will require all staff members in a management level position to complete an annual conflict of interest statement of disclosure form. However, to avoid conflicts of interest and violations of this policy, circumstances actually or potentially involving such conflict should be promptly and fully disclosed to the college's director of human resources if not already addressed in the annual conflict of interest statement of disclosure form. Such consultation should, of course, occur before, not after, the taking of any action that might raise ethical issues. Known or suspected violations of this policy should also be reported to the director of human resources.

"Discipline and Other Sanctions"

Failure to abide by this policy and/or Ohio's ethics laws may result in college discipline up to and including termination. Known violations may also be referred to the Ohio ethics commission and local prosecutor for possible civil and criminal sanctions.

"Definitions"

"Anything of value": The Ethics Law prohibits a public official from soliciting or accepting 'anything of value,' if the thing of value could have a substantial and improper influence on him in the performance of public duties. 'Anything of value' is defined in state law to essentially include anything with any monetary value. Items that are considered nominal are not prohibited.

"Family member": spouse, parent, stepparent, child, stepchild, grandparent, grandchild, sibling, and any other individual related to the employee by blood or marriage if that individual lives in the same household with the employee.

"Honorarium": any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or similar gathering. "Honorarium" does not include ceremonial gifts or awards that have insignificant or nominal monetary value.

Last updated February 20, 2024 at 8:50 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 3/18/2015

Rule 3358:5-3-21 | Disciplinary action policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Employees are expected to conduct themselves professionally and follow Clark state college policies and procedures. Self-discipline is the goal; however, in instances where self-discipline and mutual cooperation have not occurred, it may be necessary for corrective action. For those instances, the college has developed disciplinary action policy and procedures to ensure a fair, consistent, and objective means of correcting and improving unsatisfactory work performance or behavior of employees.

(B) The college's disciplinary philosophy shall be corrective and progressive. However, if an unreasonable behavior or misconduct is so severe it may warrant skipping a disciplinary step, up to immediate dismissal.

(C) This policy applies to employees of Clark state community college, including exempt, non-exempt, faculty, and adjunct faculty.

(D) The employee shall have access to due process under rule 3358.5-5-08 of the Administrative Code, employee complaint and grievance policy, and rule 3358.5-5-08.1 of the Administrative Code, employee complaint and grievance procedures, for all disciplinary actions with the exception of termination of employment.

(E) This policy shall be administered as set forth in the associated disciplinary action procedures.

(F) The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the disciplinary action policy and procedures.

Last updated November 17, 2022 at 8:56 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358
Prior Effective Dates: 3/18/2015

Rule 3358:5-3-22 | Academic instruction support compensation model procedures.

• Effective: October 23, 2015
• Promulgated Under: 111.15

(A) Vision All courses shall have a Blackboard course shell and adhere to best practices.

(B) Mission provide quality, technology-enriched alternative methods of instruction and learning for all students.

(C) Sufficient fiscal resources shall be allocated to support quality, technology-enriched instruction and learning.

(D) Faculty requirements

(1) All faculty (both full-time and adjunct) shall be required to:

(a) Participate in training and/or demonstrate ability to use instructional technology including syllabus system and Blackboard's basic course functions and tools.

(b) Enter their course section specific syllabus information in Clark state's electronic syllabus system.

(c) Personalize their Blackboard course shell section(s) with individual faculty contact information, a communication policy and a brief welcome in the "About This Section" area.

(d) Participate in professional development training covering enhancements to the Blackboard learning system, refresher tool-specific sessions and other technology training.

(e) Follow the best practices guidelines as established.

(2) Further, online faculty, as well as those creating and teaching hybrid courses, shall be required to:

(a) Successfully complete the required Blackboard course training rubric and become certified.

(b) Personalize their course section(s) beyond the basic requirements. This includes setting up the calendar, assignments, grade book, tests, managing the roster, maintaining and updating course content and providing additional instructional material and links.

(c) Participate in pedagogical training in online instructional theory and practice.

(E) Course definitions

(1) Online courses All instructional and lab activities are completed in an online environment. They require no visits to campus; however, students may be required to use a proctored testing facility.

(2) Hybrid courses courses that combine the elements of the traditional face-to-face classroom and online instruction. These courses require attendance at scheduled sessions on campus or at clinical locations for lectures, labs or clinical experiences. The amount of time spent in the face-to-face setting shall be no more than fifty percent of the didactic coursework. Combined time is equivalent to the traditional course for the same number of credits.

(3) Traditional courses Traditional face-to-face courses may also include online components such as instructional material, calendar, assignments, grade postings and faculty/student communication. Regularly scheduled attendance in the classroom is required. All courses with a Blackboard shell are required to include a link to the section-specific course syllabus, individual faculty contact information, a communication policy and a brief welcome in the "About This Section."

(F) Best practices guidelines for all courses

(1) A calendar is provided that lists all important course-related dates including exams, assignments, project deadlines, face-to-face and virtual office hours and meeting times.

(2) A clear communication policy is provided to the students that explains when and how communication shall be handled.

(3) A link to the current approved section-specific syllabus is provided to the student that lists course description, goals, learning objectives, textbooks and other resources, course assignments, grading scale and courses policies. This process has been automated.

(4) Clear and concise instructions are provided for all assignments, projects and lessons.

(5) All resources and tools necessary to complete the work are available to the student.

(6) Due dates and other important information are provided to the student.

(7) Course content and lesson are well organized and in a logical sequence.

(8) Course content and activities associate with the student learning objectives.

(9) The course content or lessons go beyond what is found in the textbook or E-PAC.

(10) Materials and activities are fully developed and presented clearly.

(11) Teaching strategies reflect current learning theory and address various student learning styles and preferences.

(12) Course materials are kept up to date.

(13) Course materials are print friendly and in formats easily available to all students.

(14) Library, database and other instructional resources are provided to promote deeper learning research.

(15) Group or teamwork is used when appropriate.

(G) Specific requirements for Blackboard course shell based on course type

	Online	Hybrid	Traditional with Angel shell
Section specific course syllabus	X	X	X
Faculty contact information	X	X	X
Clear communication policy	X	X	X
Brief welcome in "About this Section" nugget	X	X	X
Institutional resources nugget	X	X	X
Course announcements nugget	X	X	X
Course e-mail nugget	X	X	X
Course grades nugget	X	X	Required if included
Course specific policies	X	X	Required if included
Assignment or project due dates, activities and exams are posted on the calendar	X	X	Required if included
Instructions for assignments, activities, projects, postings, etc., are clearly identified and explained	X	X	Required if included
Course content (instructional material) is included under the lessons tab	X	Required if included	Required if included
Titles and subtitles that clearly describe the subject content	X	Required if included	Required if included
Links to the library, databases or other web-based resources are included	X
Requires no campus visits	X
ADA compliant - text based equivalents for non-text based elements	X	Required if not provided elsewhere	Required if not provided elsewhere
Course material in a format that can be downloaded to a portable device	Recommended	Recommended	Recommended
A guided tour video provided	Recommended	Recommended	Recommended
A welcome video	Recommended	Recommended	Recommended

Supplemental Information

Authorized By: 3358
Amplifies: 3358

Rule 3358:5-3-23 | Faculty promotion policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Clark state college supports a promotion system for faculty that is designed to reward individual performance that contributes to the college's mission.

(B) The ranks that have been established as part of the system are those that are reflective of higher education institutions across the nation. These include instructor, assistant professor, associate professor, and professor.

(C) A progression in leadership responsibilities is critical to the advancement of faculty from one rank to the next.

(D) Eligibility requirements, established by the college, include educational attainment and work experience as appropriate to the rank to which the person is applying.

(E) Faculty seeking promotion submit evidence of their achievements according to set criteria, including effective teaching/learning, professional growth, and service to the college and community.

(F) Peer review by colleagues is an essential component of the system.

(G) Promotion must be earned and is not automatic.

(H) The college president is the final authority for all decisions related to promotion.

(I) The provost/VPAA shall ensure that a promotion calendar is established for timely process completion.

(J) General guidelines for candidates for promotion shall be as follows:

(1) Guidelines for submission of applications in response to the promotion criteria are sent to all eligible faculty by the promotion committee by the end of the third full week of October.

(2) The promotion committee shall review the materials submitted for consideration. The promotion committee shall verify whether or not the faculty member has met the minimum requirements for promotion. If the minimum requirements are not met, the committee shall take no further action and shall not review the submitted materials.

(3) Meeting minimum requirements does not mean that a recommendation for promotion is automatic. Submitted materials shall be organized in a manner that facilitates review; simply listing accomplishments may not be adequate. Explanations of the exact nature of the contributions may be necessary. Promotion materials shall be reviewed and evaluated by the committee against the promotion requirements for the rank sought in order to determine whether or not the candidate will be recommended for promotion.

(4) A pattern of contributions over the years is more meaningful than a flurry of activity just prior to promotion eligibility.

Last updated November 17, 2022 at 8:56 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358

Rule 3358:5-3-24 | Pre-employment screening policy.

• Effective: November 17, 2022
• Promulgated Under: 111.15

(A) Clark state college is committed to recruiting, hiring, and retaining the best qualified candidates and providing a safe, secure environment for all students, employees, and visitors to our campuses. Thorough and consistent implementation of effective hiring practices helps to achieve each of these goals. This includes the appropriate use of comprehensive pre-employment screening/background checks as a final stage of the hiring process.

Pre-employment screening/background checks will be used by the College to evaluate individuals for employment and will not be used to discriminate on the basis of race, color, sex, gender, ethnicity, religion, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, or physical or mental disability and any other protected group status as defined by federal law. Only candidates at the final stage (job offer) of the interview process will be required to submit to the pre-employment screening/background check procedures.

(B) This policy applies to employees in the following categories:

(1) New hires:

(a) Exempt staff

(b) Non-exempt staff

(c) Faculty

(d) All positions, including volunteers, working with minor youth; i.e., project jericho, college for kids, etc.

(2) Current employees:

Employees who transfer to a new position must satisfactorily complete or have completed the appropriate pre-employment screening/background check before transferring to or adding that position.

(C) Pre-employment screening/background checks will be conducted in accordance with applicable laws and associated procedures.

(D) Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant or employee. Rather, determinations of suitability based on criminal record checks will be made consistent with this policy and any applicable law or regulations.

(E) All offers of employment are contingent upon satisfactory results of the pre-employment screening/background check.

(F) This policy shall be administered as set forth in the associated procedures established by the president or his/her designee.

(G) The resources office shall be assigned the responsibility of developing, implementing, and maintaining the pre-employment screening/background check policy and procedures.

Last updated November 17, 2022 at 8:56 AM

Supplemental Information

Authorized By: 3358
Amplifies: 3358

Rule 3358:5-3-26 | Technical Faculty Promotion Policy.

• Effective: April 21, 2019
• Promulgated Under: 111.15

(A) Clark state community college supports a promotion system for technical faculty that is designed to reward individual performance that contributes to the college's mission.

(B) The ranks that have been established as part of the system. These include instructor, principal technical instructor, master technical instructor, and senior technical instructor.

(C) A progression in leadership responsibilities is critical to the advancement of faculty from one rank to the next.

(D) Eligibility requirements, established by the college, include educational attainment and work experience as appropriate to the rank to which the person is applying.

(E) Technical faculty seeking promotion submit evidence of their achievements according to set criteria, including effective teaching/learning, professional growth, and service to the college and community.

(F) Peer review by colleagues is an essential component of the system.

(G) Promotion must be earned and is not automatic.

(H) The college president is the final authority for all decisions related to promotion.

(I) The vice president of academic affairs (VPAA) shall ensure that a promotion calendar is established for timely process completion.

(J) General guidelines for candidates for promotion shall be as follows:

(1) The promotion committee shall review the materials submitted for consideration. The promotion committee shall verify whether or not the technical faculty member has met the minimum requirements for promotion. If the minimum requirements are not met, the committee shall take no further action and shall not review the submitted materials.

(2) Meeting minimum requirements does not mean that a recommendation for promotion is automatic. Submitted materials shall be organized in a manner that facilitates review; simply listing accomplishments may not be adequate. Explanations of the exact nature of the contributions may be necessary. Promotion materials shall be reviewed and evaluated by the committee against the promotion requirements for the rank sought in order to determine whether or not the candidate will be recommended for promotion.

(3) A pattern of contributions over the years is more meaningful than a flurry of activity just prior to promotion eligibility.

Supplemental Information

Authorized By: 3358
Amplifies: 3358