700 – Equal Employment Opportunity

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 174.100, ORS 192.630, ORS 243.672, ORS 341.290(1), ORS 659.805, ORS 659.850, ORS    659.870, ORS 659A.003, ORS 659A.006, ORS 659A.009, ORS 659A.029, ORS 659A.030, ORS 659A.043, ORS 659A.046, ORS 659A.109, ORS 659A.142, ORS 659A.145, ORS 659A.233, ORS 659A.236, ORS 659A.309, ORS 659A.409, OAR 589-008-0100(1)(j), OAR 589-010-0100, OAR 839-003-0000, Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107, Equal Pay Act of 1963, 29 U.S.C. § 206(d), Rehabilitation Act of 1973, 29 U.S.C. §§ 503, 791, 793-794, Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683, Americans with Disabilities Act of 1990; Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630; 28 C.F.R. Part 35.

Equal employment opportunity and treatment shall be practiced by the College regardless of race, color, national origin, religion, sex, sexual orientation, age, marital status, veteran status, or any other conditions protected by law, if the employee, with or without reasonable accommodation, is able to perform the essential functions of the position. The President will appoint an employee to serve as the officer in charge of compliance with the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 (ADA), and Section 504 of the Rehabilitation Act of 1973. The President will also designate a Title IX coordinator to comply with the requirements of Title IX of the Education Amendments of 1972. The Title IX coordinator will coordinate the investigation of complaints communicated to the college alleging noncompliance with Title IX. The name, address and telephone number of the Title IX coordinator will be provided to all students and employees.

701 – Staff Evaluation

Approved by Board of Education:      12/17/2014

REFERENCES:  ORS 341.290 (2), OAR 589-008-0100 (1)(h)

The President or designee shall be responsible for developing and maintaining procedures for staff evaluation.

712 – Management Rights

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 341.290

The Board of Education reserves all rights and powers with respect to the governance of the college and the employment of all college employees except as limited by law or the requirements of any operative collective bargaining agreement. Under the authority granted by ORS 341.290, the Board establishes the office of college President and delegates their powers and duties for management of the college to the President in board policy 255. The President will establish and maintain administrative regulations to ensure the effective operation of the college. These regulations may address areas to include (but not limited to) employee recruitment, employment status, work requirements, job sharing, hours of work, location of work, and inclement weather schedules.

733 – Expense Reimbursements

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 294.155, ORS 341.290(2), I.R.C. § 162; Business Expenses, 26 C.F.R. 1.162-1, INTERNAL REVENUE SERVICE, PUBLICATION 463: TRAVEL, ENTERTAINMENT, GIFT AND CAR EXPENSES.

The College will reimburse employees and board members for business-related travel expenses. The College is supportive of professional development that requires travel, subject to best use of available resources. The President will establish and maintain administrative rules and procedures to ensure the cost effective and appropriate use of College resources. The rules and procedures shall comply with all applicable federal and state requirements.

739 – Drug and Alcohol Free Workplace

Approved by Board of Education:       12/17/2014

REFERENCES:  ORS 342.721, ORS 342.723, ORS 342.726, ORS 657.176, OAR 581-022-0416, Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 8101-8106; General Principles Relating to Suspension and Debarment Actions, 34 C.F.R. §§ 84.100-84.670, Controlled Substances Act, 21 U.S.C. § 812; Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11 – 1308.15, Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117.

The manufacture, distribution, dispensing, possession or use of alcoholic liquor, intoxicants or controlled substances not medically prescribed, or being under the influence of these to any degree by any employee in or about the college buildings or on the college premises or while performing any duties for the college is prohibited and is cause for suspension and/or dismissal. If the employee is not dismissed, suspension may be imposed in combination with a requirement to complete a drug or alcohol treatment and rehabilitation.

All employees are required to abide by this alcohol and drug-free workplace policy. In addition, they shall notify the Office of Human Resources within five days of their conviction for a violation of substance abuse laws involving the workplace, or if they became aware that another employee has been convicted of such a violation.

Employees may seek referral assistance from the Office of Human Resources in connection with alcohol or drug-related problems. Reasonable efforts shall be made to handle such requests confidentially. Requests for assistance are encouraged and will not themselves be considered as ground for dismissal. Such requests shall not, however excuse violations prohibited by this policy.

The provisions of this policy regarding dispensing, possession or use of alcoholic liquor may be suspended temporarily for specified and approved social functions as approved by the Campus President where such function will occur.

742 – Health and Safety

Approved by Board of Education:       02/23/2015

REFERENCES:  ORS 654.003 – 654.022, ORS 654.176, ORS 654.182, OAR 437-001-0765, OAR 437-002-0020 to -0081, OAR 437-002-0100, OAR 437-002-0140 to 0145, OAR 437-002-0180 to -0187, OAR 437-002-0260 to -0268, OAR 437-002-0360 to 0391

It is the policy of OCCC to ensure a safe and healthful campus for all its employees and students. The College will maintain an effective health and safety program that involves all employees in the effort to eliminate workplace hazards. It is the responsibility of all staff to work safely and participate in a manner that helps prevent workplace injuries and illness.

Safe buildings, grounds and equipment will be maintained in order to prevent accidents or injury to students, employees and others from fire, natural disasters, mechanical and electrical malfunction and other hazards.

Buildings will be planned, constructed, equipped and maintained in accordance with appropriate local, state and federal safety regulations. Buildings will be provided with alarm systems, fire extinguishers and other safety devices required by state and federal laws and regulations. The President or designee will develop and implement a safety program which will include, but not be limited to, compliance with and enforcement of all state and federal laws, rules and regulations.

745 – Separation From Employment / Layoff

Approved by Board of Education:       05/09/1994

REVISED:           04/15/2015

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.

Legal Reference(s) ORS 316.3, 316.4, 317

751 – Compensation and Benefits

Approved by Board of Education:       01/21/2015

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.

754 – Retirement Plan

Approved by Board of Education:       05/09/1994

REVISED:           04/15/2015

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.

Legal Reference(s) ORS 237.153

760 – Worker’s Compensation Coverage

Approved by Board of Education:       02/23/2015

REFERENCES:  ORS 243.650, ORS 656.033, ORS 657.170, OAR 437-001-0760

Oregon Coast Community College employees are insured under the provisions of the Oregon State Worker’s Compensation Act. Any injury or illness to an employee while on duty must be reported at once to the immediate supervisor who will then report the incident in to the Chief of Finance and Operations. Any employee who is injured while on duty or becomes ill as a result of performing his/her responsibilities may receive compensation and expenses as prescribed by state law and regulations.

781 – Political Activities

Approved by Board of Education:       06/14/1993

REVISED:           03/18/2015

In accordance with Oregon State Law, no person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.

The President shall designate locations at each college facility as areas where college employees, outside groups and students can engage in campaign or political activities.

The Board directs the President to inform all college employees of the restrictions on public employee political activities imposed by ORS 260.432.

ORS 260.432

787 – Standards of Conduct

Approved by Board of Education:       06/14/1993

Revised by Board of Education:           03/18/2015

The Board of Education and the college community believe that certain fundamental standards characterize the institution in which we work and guide us in the accomplishment of our mission. These standards are:

A. The dignity and worth of each individual

B. Effective teaching and learning

C. Educational and personal growth of the individual

D. Open and honest communication

E. Teamwork and cooperation

F. An environment that encourages the expression of diverse ideas and solutions.

The president shall establish and maintain administrative rules, statements and procedures to reasonably clarify the standards of appropriate conduct for both employees and students of Oregon Coast Community College, as well as illustrative examples of inappropriate conduct. These rules statements and procedures shall be separate from and in addition to those related to unlawful harassment and discrimination, which are articulated in Board Policy 700. The president shall assure a clear and accessible process for reporting and resolving concerns related to conduct in a timely manner.

790 – Discipline and Dismissal of Personnel

Approved by Board of Education:       07/12/1993

Revised by Board of Education:           03/18/2015

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.

Legal Reference(s):

ORS 243.672

ORS 243.706

ORS 243.756

ORS 652.140

793 – Staff Complaints and Appeals

Approved by Board of Education:       07/12/1993

Revised by Board of Education:           03/18/2015

Procedures for processing staff grievances and appeals for those employees covered by a collective bargaining agreement will be contained in the appropriate agreement. Procedures for processing grievances and appeals for those employees not covered by a collective bargaining agreement will be developed by the President or designee, as necessary

Legal Reference(s):

ORS 341.290(2)

OAR 589-008-0100 (1)(i)

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

DATE OF 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.

DATE OF ADOPTION: 05/17/2023

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.

DATE OF 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.

DATE OF ADOPTION: 05/17/2023

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.

DATE OF 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.

DATE OF ADOPTION: 05/17/2023