745 – Separation From Employment / Layoff

Legal Reference(s) ORS 316.3, 316.4, 317

The work performed by the College is subject to work load fluctuations and the general economy of the community the College serves. Changes in scheduled work load and/or decreases in financial resources may affect staffing needs.  The College may layoff employees due to abolition of positions, shortage of funds or work, a material change in duties or changes in the organization.   Duties performed in conjunction with laid-off positions may be reassigned to other employees if these duties are appropriate to the other employees’ classifications.

In the event the College determines it is necessary to eliminate jobs or otherwise curtail operations, layoffs will be necessary. The decision of individuals to be laid off will be made by the College based on its determination of overall needs and the relative skills and ability of the employees

Processes associated with layoffs are governed by applicable Collective Bargaining Agreements. For employees who are not in represented employment categories, the College will follow due process and Oregon law.

Employees who are laid off do not have recall or reinstatement rights, except as required by law.

LAST REVIEW AND ADOPTION: 04/15/2015

INITIAL ADOPTION: 05/09/1994

751 – Compensation and Benefits

The President shall maintain a system(s) of compensation and benefits for college employees. It is the intent that, within resources reasonably available, compensation and benefits paid to college employees shall be consistent with total compensation in comparable rural labor markets for similar services being performed. The President shall periodically recommend to the Board compensation and benefits changes as required to adjust to financial resources, to maintain legal compliance, or maintain rural market relationships.

For employees in represented bargaining units such compensation and benefit packages shall be negotiated in accordance with applicable laws.

INITIAL ADOPTION: 01/21/2015

754 – Retirement Plan

Legal Reference(s) ORS 237.153

In accordance with established PERS directives, the College provides a retirement plan through the Public Employees Retirement System (PERS). PERS membership is available to employees who are appointed to PERS qualifying positions. OCCC will pay the employer contribution and will, additionally, “pick up” the employee contribution to the plan for eligible members. Part-time employees appointed to positions which do not meet this requirement may still be eligible if working concurrently for another PERS covered employer. At all times, the College will comply with PERS statutes, regulations, and interpretations as well as Oregon laws affecting retirement.

INITIAL ADOPTION: 05/09/1994

790 – Discipline and Dismissal of Personnel

Legal Reference(s):

ORS 243.672

ORS 243.706

ORS 243.756

ORS 652.140

It is the policy of the Board of Education to use due process and to comply with college procedures and collective bargaining agreements when applicable when disciplining and/or dismissing employees.

LAST REVIEW AND ADOPTION: 03/18/2015

INITIAL ADOPTION: 07/12/1993

7100 – Commitment to Diversity

References: ORS 350.375

Oregon Coast Community College is committed to employing qualified administrators, faculty, and staff members who are dedicated to student success. The Board of Education recognizes that diversity, equity, and inclusion in the academic environment fosters cultural awareness, promotes mutual understanding and respect, and provides suitable role models for all students and employees. The Board of Education is committed to hiring and staff development processes that support the goals of equal opportunity and diversity, equity, and inclusion and provide equal consideration for all qualified candidates

INITIAL ADOPTION: 05/17/2023

7110 – Delegation of Authority, Human Resources

References: ORS 341.290(1)

The Board of Education delegates authority to the President to authorize employment, fix job responsibilities, and perform other personnel actions provided that the President follows all federal and state laws and regulations and board policies and administrative procedures.

INITIAL ADOPTION: 05/17/2023

7120 – Recruitment and Hiring

References: NWCCU Standard 2.F.1, 2.F.3; OAR 589-008-0100

The Board of Education will select and determine the period of appointment for the President of the College and may establish related policies and procedures. The President has the authority to make hiring and termination decisions of all other College employees and shall establish procedures and guidelines to be followed in making these decisions. Hiring for employees subject to collective bargaining agreements shall be governed by the respective agreements; failing such provisions, board policies and administrative policies and procedures shall apply.

INITIAL ADOPTION: 04/16/2025

7130 – Prohibition of Incentive Compensation (Enrollment and Recruitment)

References: 34 Code of Federal Regulations Part 668 (U.S. Department of Education regulations on the Integrity of Federal Student Financial Aid Programs under Title IV of the Higher Education Act of 1965, as amended); ORS 348.586; ORS 652.210 to 652.235

The College shall not provide any commission, bonus, or other incentive payment based, directly or indirectly, on the success in securing enrollments or financial aid, to any person or entity engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Employees covered by this ban shall be referred to as “covered employees” for purposes of this policy.

INITIAL ADOPTION: 04/16/2025

7135 – Faculty Outside Employment

References: ORS 341.556

The Board of Education delegates authority to the President and the Office of Human Resources to develop standards governing faculty outside employment and activities consistent with current collective bargaining agreements, including disclosure of potential conflicts of interest as required by Oregon ethics law, and procedures for reporting and hearing potential or actual conflict of interest complaints.

INITIAL ADOPTION: 04/16/2025

7160 – Professional Development

References: ORS 341.290(1)
NWCCU Standard 2.f.2

It is the intent of Oregon Coast Community College to maximize professional development opportunities for its employees.

INITIAL ADOPTION: 05/17/2023

7350 – Resignations

References: Affordable Care Act (29 U.S. Code Section 218C); ORS 659A.199 to ORS 659.236

The Board of Education hereby delegates to the College President the authority to accept resignations on its behalf at any time. Resignations shall be deemed accepted by the Board of Education when accepted in writing by the College President. When accepted by the College President, the resignation is final and may not be rescinded. All such resignations shall be forwarded to the Board of Education for information.

Oregon Coast Community College, through its Human Resources staff, will encourage employees to participate in an exit interview when resigning.

INITIAL ADOPTION: 05/17/2023

7370 – Political Activities

References: ORS 260.432

Employees shall not use College funds, services, supplies or equipment, or engage in political activities during work hours to urge the passage or defeat of any ballot measure; initiative petition; appointment, nomination, or election of a person to a public office; or political committee, including, but not limited to, any candidate for election to the Board of Education. This policy prohibits political activity while on the job during an employee’s working hours but shall not be construed to prohibit an employee from urging the support or defeat of a ballot measure; initiative petition; appointment, nomination, or election of a person to a public office; or political committee during non-working time.

“While on the job during working hours” does not include periods of time during which an employee is taking time off for a meal break or rest break or periods of time during with an employee is utilizing otherwise allowable time off in accordance with Oregon labor laws. During such time periods, the prohibition on use of College resources remains in effect.

This revision of BP 7370 Rescinds BP 781

INITIAL ADOPTION: 04/16/2025

7700 – Whistleblower Protection

References: No Oregon statutory requirement. Delegation Authority ORS 341.290

The Board strictly prohibits discrimination or retaliation against any employee for engaging in whistleblowing activities as defined in ORS 659A.200 to 659A.229, including disclosure of information otherwise protected under Oregon’s public records law (ORS 192.311 to 192.478).

An employee who in good faith has an objectively reasonable belief that the actions of the college or its employees violates federal, state or local law and who, in the process of reporting the alleged violation, discloses information that is exempt from disclosure under Oregon’s Public Records law has an affirmative defense against civil or criminal charges arising out of such disclosure if the protected information was disclosed to:

1. A state or federal regulatory agency;
2. A law enforcement agency;
3. A manager employed by the college; or
4. An attorney, when the communication is in connection with the alleged violation and the communication is subject to Oregon’s attorney-client privilege protection under ORS 40.225.

The affirmative defense provided for herein applies to an employee’s disclosure of information related to an alleged violation by a coworker or supervisor acting within the course and scope of employment of the coworker or supervisor.

The affirmative defense does not apply to information that:

1. Is disclosed or redisclosed by the employee or at the employee’s direction to a party other than the parties listed above; or

2. Is stated in an agreement that is not related to the employee’s employment with the employer and is either:
a. a commercial exclusive negotiating agreement, or
b. a commercial nondisclosure agreement;

3. Is disclosed by an attorney or his/her/their employee if the information disclosed is related to the representation of a client; or

4. Is protected from disclosure under federal law, including but not limited to Health Insurance Portability and Accountability Act (HIPAA) and Family Educational Rights and Privacy Act (FERPA) and under these circumstances may only be disclosed in accordance with federal law.

Any employee who invokes his or her rights under this policy has the right to file a complaint under the College’s harassment complaint procedure; and, is entitled to all remedies available under Oregon’s unlawful employment practices law, ORS 659A.200 to 659A.224.

The President shall establish procedures regarding the reporting and investigation of suspected unlawful activities by College employees, and the protection from retaliation of those who make such reports in good faith or assist in the investigation of such reports.

For the purposes of this policy and any implementing procedures, “unlawful activity” refers to any activity — intentional or negligent — that an employee in good faith reasonably believes violates federal, state or local law, rule, or College policy, or is evidence of mismanagement, gross waste of funds or abuse of authority or substantial and specific danger to public health and safety resulting from action of the College.

The procedures shall provide that individuals are encouraged to report suspected incidents of unlawful activities without fear of retaliation, that such reports are investigated thoroughly and promptly, remedies are applied for any unlawful practices and protections are provided to those employees who, in good faith, report these activities or assist the College in its investigation.

Furthermore, College employees shall not:
1) retaliate against an employee or applicant for employment who has made a protected disclosure, assisted in an investigation, or refused to obey an illegal order;
2) retaliate against an employee or applicant for employment because the employee or applicant is a family member of a person who has made a protected disclosure, assisted in an investigation, or refused to obey an illegal order; or
3) directly or indirectly use or attempt to use the official authority or influence of his/her/their position for the purpose of interfering with the right of an applicant or an employee to make a protected disclosure to the College. The College will not tolerate retaliation, and will take whatever action may be needed to prevent and correct activities that violate this policy, including discipline of those who violate it up to and including termination.

INITIAL ADOPTION: 05/17/2023

7800 – Work After Retirement

References: ORS 238; Chapter 355, Oregon Laws 2019

The Board of Education delegates to the President the authority to approve the continued employment and compensation of College employees after retirement from the Public Employee Retirement System (PERS). The President shall establish procedures related to work after retirement from PERS consistent with state and federal law. See also BP 7110.

INITIAL ADOPTION: 05/17/2023