1. Expense and Travel Reimbursement F.1.01 - Expense ... fileactivities. F.2.04 - Reimbursement of...

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1. Expense and Travel Reimbursement

F.1.01 - Expense Reimbursement

The Vice Chancellor for Business Services and Chief FinancialOfficer ("CFO") will prepare and distribute procedures to enableemployees to be reimbursed, or to receive advances forreasonable and necessary travel expenses (including the cost oftransportation, meals, registration and lodging) provided suchtravel is:

a. approved in advance by the appropriate administratoras necessary and important to achieve System businessobjectives;

b. supported by the appropriate budget; and

c. documented by appropriate receipts supporting thebusiness purpose and actual expenses.

F.1.02 - Personal Automobile

Employees who are required to use personal automobiles for traveldirectly related to System business shall be reimbursed for suchtravel on a mileage basis. The rate of such reimbursement shall bedetermined annually.

All employees who use their own or rented vehicles whileconducting college business must maintain minimum insurancecoverage as required by the statutes of the State of Texas.

If any employee's own vehicle or rented car is lost or damaged byfire, theft or collision while on college-related business, the cost ofrepair must be covered by the owner's/driver's insurance.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7,2008

2. Professional Development and Educational Reimbursements

F.2.01 - Required Development

The System will provide support for development and training,renewal of professional licenses, professional associationmemberships, and continuing education requirements establishedfor specific positions. Specific position requirements will bedetermined by the Chancellor or his or her designee.

The System will provide time off and course/training costs for jobspecific required training for all employees. This includes, but isnot limited to orientation, legal compliance issues, systemstraining, process training and other position-specific training. F.2.02 - Professional Development Activities

Professional development includes activities and opportunities thatenhance the skills, knowledge and abilities required in theemployee's current position, or prepare the employee for a careerpath position in his/her area. All professional development costsmust be pre-approved by the supervisor, and within the budget ofthe department.

An employee may request Professional Development Leave toattend professional conferences, workshops, seminars, trainingcourses, or meetings. The employee's supervisor must approveProfessional Development Leave. These pre-approved leaves areconsidered excused absences that do not count against sick,vacation, or compensatory time.

An employee may request reimbursement and/or an advance forexpenses related to professional development activities, includingregistration fees, travel, meals, and lodging in accordance withSystem travel policies and procedures. The employee's supervisormust approve professional development expenses.

F.2.03 - Membership Organization

Memberships in professional or academic associations ororganizations will be reimbursed, with supervisor approval, up to$25 per year per employee. The System cannot reimburse duespaid to unions or organizations that engage in lobbying or political

activities.

F.2.04 - Reimbursement of Tuition and Fees

The System encourages employees to further their educational,professional and vocational development. Therefore, the Systemwill reimburse eligible employees for allowable LSCS coursestaken in accordance with this policy.

F.2.05 - Eligibility for Reimbursement of Tuition and Fees

All full-time employees are eligible for reimbursement of tuition andfees.

Part-time employees who are regularly employed with the Systemand who have completed twelve months of continuousemployment are eligible. Employment is considered "continuous" ifthe employee receives a paycheck in each of twenty-four (24)consecutive pay periods. Adjunct faculty who have taught at leastsix consecutive spring and fall semesters will be eligible for tuitionand fee reimbursement.

F.2.06 - Allowable Courses

The System will reimburse 100% of tuition and up to $100 inrequired fees for each credit course taken at LSCS if all thefollowing requirements are met:

a. The course was approved by the supervisor forreimbursement prior to enrollment;

b. Courses are scheduled outside the employee'sworking hours;

c. Up to 6 credit hours per term (maximum of 18 credithours per academic year);

d. The employee earns a C or better in each course.

The System will reimburse 100% of tuition and fees for continuingeducation courses not to exceed $500 per fiscal year, if all of thefollowing requirements are met:

The course was approved by the supervisor for reimbursementprior to enrollment;

a. Courses are scheduled outside the employee'sworking hours;

b. The course is related to the employee's present job ora job to which the employee may reasonably bepromoted or reassigned; and

c. The employee submits a copy of a certificate ofcompletion.

If an employee fails to complete the course for the followingreasons, the System will reimburse the tuition:

a. A mandatory military obligation requires the employeeto leave the Houston area or be unavailable to attend;

b. A change in employment schedule or responsibilitymade by and for the System's benefit;

c. A serious illness that prevents the employee fromcompleting the course work, provided the employeesubmits medical documentation justifying the withdrawal;or

d. The employee is terminated due to reductions in force,reorganization or other reasons not related to employeeperformance or conduct, before completing an approvedcourse. However, an employee who resigns or isterminated for cause forfeits any right to reimbursement.


3. Wellness Program

F.3.01 - Purpose

The Wellness Program at LSCS is designed to encourageemployees to practice simple, positive lifestyle habits that increasequality of life, productivity, and longevity. Wellness incorporates

such aspects as adequate fitness, proper nutrition, stressmanagement, disease prevention, the value of spirituality, personalsafety, smoking cessation, regular physical exams and screenings,health education and awareness, and environmental support.There is now strong scientific evidence linking wellness programparticipation with improved health, decreased medical costs, andincreased job productivity.

F.3.02 - Release Time

Employees who engage in a minimum of three hours of exerciseeach week will receive up to one and one-half hours release timefrom their duties to participate in such activities.

The Chancellor shall develop procedures that allow the maximumnumber of employees to participate without a reduction ininstitutional productivity.


4. Non-Discrimination Policy and Procedures for Employees

F.4.01 - Policy

LSCS provides equal treatment and opportunity to all personswithout regard to race, color, creed, national origin, gender, age,veteran's status, sexual orientation, and disability. Any employeewho engages in any act of unlawful discrimination will be subject todiscipline by the College or System, up to and including dischargeof employment.

Prohibited discrimination includes any action taken by an LSCSemployee to deny benefits, promotion, leave, overtime, or otherprivileges of employment to an employee because of theemployee's race, color, creed, national origin, gender, age,veteran's status, sexual orientation, or disability.

Prohibited discrimination also includes harassment by a co-worker,student, vendor, supervisor, or other employee of LSCS on thebasis of race, color, creed, national origin, gender, age, veteran'sstatus, sexual orientation, or disability that is sufficiently severe andpervasive so as to constitute a hostile work environment as

described in the Prohibited Harassment Procedures available onthe General Counsel website at http:www.lonestar.edu/5961

F.4.02 - Retaliation Prohibited

No person in the System may take actions to retaliate against anyperson who brings, or is thought to have brought, a complaintalleging discrimination, or who has cooperated with or participatedin any way with an investigation conducted pursuant to this Policy.Encouraging others to retaliate is a violation of this policy. Anyemployee who does engage in unlawful retaliation shall be subjectto the most severe of sanctions, discharge of employment.

F.4.03 - Terminology

In this policy, "days" means calendar days.

The term "Civil Rights Administrator" or CRA refers to individualemployees of the System who have been designated to counselemployees and students, receive complaints, and conductinvestigations concerning possible violations of this policy.

The term "LEO'" is Location Executive Officer and refers to thePresidents of each of the colleges and the Vice Chancellorslocated at the System Office.

F.4.04 - Compliance and Training

The System designates the Associate Vice Chancellor for HumanResources to coordinate its efforts to comply with this policy andwith the specific requirements contained in:

a. Title IX of the Education Amendments of 1972, asamended, and its implementing regulations;

b. Section 504 of the Rehabilitation Act; and

c. The Americans with Disabilities Act.

The System shall provide training to:

a. All persons who will receive complaints and conductinvestigations, resolution and complaint proceduresreferenced in this policy;

b. New employees regarding the protections accorded tothem under federal and state civil rights laws and theSystem's civil rights policies and complaint procedures;and

c. Supervisory personnel regarding the System's civilrights obligations, the policies and proceduresestablished for handling civil rights complaints and thesupervisor's obligation to respond promptly andappropriately to discriminatory conduct or reports ofdiscriminatory conduct in the workplace under theirsupervisory authority.

F.4.05 - LEO Role

Through the LEO, each College is responsible for;

a. Designating at least one CRA to receive andinvestigate any complaints made under this Section;

b. Informing all students and employees of the name,telephone number and campus address of the CollegeCRA;

c. Ensuring that all complaints alleging unlawfuldiscrimination are fully investigated within thirty (30) daysof the submission of a written complaint, and a decisionis made regarding any discipline to be imposed withinsixty (60) days; and

d. Reviewing the findings of any investigation conductedunder this Section, and imposing any appropriatediscipline.

In the case of the System Office, the Executive Vice Chancellorshall be responsible for appointing a Civil Rights Administrator toserve as the System Office CRA. When the System Office CRA isresponsible for conducting an investigation, he or she shall submithis or her investigative findings to the appropriate Vice Chancellor.

F.4.06 - Complaint and Investigative Procedures

The purpose of this policy is to ensure compliance with the civilrights obligations of the System and to respond at the first possible

level with prompt and equitable resolution of complaints allegingdiscrimination on the basis of race, color, creed, national origin,gender, age, veteran's status, sexual orientation, or disability. Theprocedures described in this Policy shall be the exclusive route forresolving all other employee complaints of unlawful discrimination,including harassment and retaliation. All complaints allegingviolation of this policy shall be referred to the appropriate CRA.

F.4.07 - Informal Resolution Process

All employees and students are encouraged to attempt to work outa solution directly with the person whose conduct is the basis forthe complaint.

At the request of the complainant and with the agreement of theperson whose conduct is the basis for the complaint, the CRA mayseek an informal resolution of the issues raised by thecomplainant.Prior to undertaking an informal resolution of the complaint, thesupervisor or the CRA is to provide the complainant withinformation about the formal complaint process. If the issues aresatisfactorily resolved, the CRA is to maintain records regardingthe issues raised and the resolution.

F.4.08 - Formal Complaint Procedure

Any employee who believes that he or she has been subject todiscrimination in violation of this policy may utilize the formalcomplaint process below to seek formal action on the complaint.

F.4.09 - Written Formal Complaint

The written complaint is to be delivered to the appropriate CivilRights Administrator (CRA) by the complainant within sixty (60)days of the occurrence of the alleged discrimination violation.

No person shall be required to submit a written complaint to acampus CRA if the CRA, his or her supervisor, or the LEO towhom the report will be submitted is the subject of the complaint.The employee may submit his or her complaint to the AssociateVice Chancellor of Human Resources at the System Office.

All formal complaints shall be in writing and provide the followinginformation: name, address and telephone number of the

complainant; nature, date and description of the alleged violation;name(s) of persons responsible for the alleged violations; and anybackground information that the grievant considers to be useful tothe decision maker.

The absence of a written complaint shall not prevent the CRA frominitiating an investigation of reports of discriminatory or harassingconduct by an LSCS employee.

F.4.10 - Investigation

Upon receipt of the written complaint, the CRA will forward a copyof the complaint to the LEO and Associate Vice Chancellor ofHuman Resources. The Associate Vice Chancellor or his or herdesignee will meet with the campus CRA to determine the properinvestigatory process by deciding whether to 1) investigate thecomplaint, 2) refer the complaint to another CRA for investigationin the System or 3) refer the complaint to an external CRA.

F.4.11 - External Civil Rights Investigator

The General Counsel will identify individuals who are not employedby the System, are knowledgeable about civil rights laws, arefamiliar with the operation of educational institutions, anddemonstrate an independence of judgment to be available toconduct an investigation or part of an investigation under thisSection as an external civil rights investigator.

If the CRA finds, with the approval of the LEO, that theappointment of an external civil rights investigator is necessary toprovide a timely and objective investigation, resolve disputed orcomplex facts, collect evidence or expedite the process, the LEOwill appoint an external investigator.

F.4.12 - Investigator Meetings

The CRA or external investigator shall promptly meet separatelywith the complainant and any person accused of violating thispolicy. The complainant and any person accused of violating thispolicy will be provided with a copy of the complaint. If theinvestigation has been initiated without a complaint, or thecomplainant has requested and the CRA agreed to investigatewithout releasing his or her identity, the CRA will provide theperson accused of violating this policy with a verbal description of

the pertinent details of the report.

The complainant and the person accused of violating this policymay have a representative present at his or her own scheduledinvestigatory meeting, but the representative will not be permittedto make arguments or present evidence in the investigatorymeeting.

The purpose of the investigatory meeting is to collect informationregarding the complaint. Rules of evidence shall not apply at anyinvestigatory meetings and neither the complainant nor the personaccused of violating this policy may participate in the questioningof each other or any persons interviewed in the course of thisinvestigation.

The complainant and the person accused of violating this policymay provide to the investigator names of witnesses or persons withknowledge relevant to the investigation and shall provide copies ofany written documents to the CRA or external civil rightsinvestigator. The CRA may obtain documents not provided orreferenced by either party and may interview additional persons atthe CRA' s discretion.

The CRA or external investigator shall inform the complainant andany person accused of violating this policy that they are required torespect the confidentiality of the investigative process, that they areprohibited from discussing the complaint during the investigation,or from retaliating against the complainant or persons assisting inor cooperating with the investigation.

F.4.13 - Investigator's Report

At the completion of any investigation undertaken by a CRA or anexternal civil rights investigator, he or she shall submit a writteninvestigatory report, with factual findings, to the LEO andAssociate Vice Chancellor for Human Resources or his or herdesignee.

F.4.14 - Findings and Conclusion

The Associate Vice Chancellor of Human Resources or his or herdesignee shall meet with the LEO and his or her designee toreview the findings of the CRA or external civil rights investigatorand determine whether this policy or the policy on Prohibited

Harassment was violated and what, if any, disciplinary actions orother resolution to the complaint are appropriate. The LEO shallpromptly communicate his or her decision in writing to both thecomplainant and the person who is the subject of the complaint.

F.4.15 - Appeal to Chancellor

A person who initiated a complaint under this Policy or the Policyon Prohibited Discrimination/Harassment may appeal to theChancellor to contest the process used to consider his or hercomplaint, however he or she may not appeal or otherwise contestthe absence, nature or severity of discipline imposed by the LEOon another student or employee.

A person who is found to have violated this Policy or theHarassment Policy, and receives discipline beyond a letter ofreprimand may appeal to the Chancellor.

The decision of the LEO shall be considered to have beenaccepted by the complainant and the person disciplined forviolating this Policy unless he or she files an appeal with theChancellor within 14 days of the receipt of the LEO's writtencommunication regarding the investigation. The Chancellor shallreview the appeal within 20 days from its submission.

In considering an appeal, the Chancellor may limit his or herreview to the documents collected by the CRA or external civilrights investigator during the investigation, may request and reviewadditional documentation or may refer the matter to an outside civilrights investigator to collect additional evidence or to makeindependent factual findings. The purpose of this review is toensure that the conclusions from the initial investigation were notarbitrary, capricious or discriminatory; did not violate thefundamental rights of the complainant or the person accused ofviolating this policy, and did not violate fundamental fairness.

F.4.16 - Retention of Records

The official personnel file of the complainant and the personaccused of violating this policy shall not contain informationreflecting the existence of a civil rights complaint or investigation.However, if as a result of the investigation, any employee is subjectto discipline beyond counseling under this policy, or the"Harassment" Policy, the file of the employee so disciplined shall

include the written communication from the LEO regardingconclusion of the investigation and the disciplinary action.

The records of the investigation, including the notes, documentsand other information collected by the CRA during the course ofthe investigation, shall be maintained by the CRA and shall notbecome part of the System's official personnel files.

F.4.17 - Board Appeals

If the sanctions imposed by the LEO, and upheld by theChancellor, for the violation of this policy include discipline beyonda letter of reprimand, the employee who is the subject of thatdiscipline will be permitted to appeal the decision to the Board inaccordance with the process described in the "Appeals" Section,Chapter IV. Human Resources, Board Policy Manual.


5. Prohibited Harassment

F.5.01 - Policy

LSCS, and each College, is strongly committed to ensuring that itslearning and working environments are free of harassmentbecause of a person's race, color, creed, national origin, gender,age, veteran's status, sexual orientation, or disability. The Systemshall respond in a swift and effective manner, with a view tostamping out such conduct.

The System will take serious disciplinary action, up to andincluding discharge of employment, against any person whoretaliates against a person who has brought a complaint allegingharassment, participated as fact witness, or encouraged a personto bring forward a complaint alleging harassment.

F.5.02 - Definition of Prohibited Harassment

Harassment occurs by a System employee, student, or regularvisitor to the System facilities that:

a. Conditions, explicitly or implicitly a career oreducational benefit in exchange for sexual favors, and

b. Subjects a person to unwelcome sexual-, racial-,color-, creed, national origin-, gender-, age-, veteran'sstatus-, sexual orientation-, or disability-based conductthat is so severe or pervasive that is effectively alters theconditions of education or employment by creating anintimidating or hostile environment for work or learning.

Harassment on the basis of race, color, creed, national origin,gender, age, veteran's status, sexual orientation, or disability isalso unprofessional conduct that interferes with the pursuit oflearning and the conduct of employment responsibilities andviolates the "Ethical Standards" Subsection, Chapter IV. HumanResources, Board Policy Manual.

F.5.03 - Prohibited Harassment - Examples

The following are examples of conduct that targets an individual onthe basis of race, color, creed, national origin, gender, age,veteran's status, sexual orientation, or disability and is prohibited inany College- or System-sponsored program, project or activity,including classrooms, workplaces or off-campus activities:

a. Assault and battery, sexual assault, and rape.

b. Overt threats, serious intimidation, stalking behavior,repeated refusal to take no for an answer, obscenemessages on voice mail or computer, taking obviousadvantage of someone who is intoxicated or on drugs.

c. Serious threats of retaliation and actual retaliation, andsexual bribes and blackmail.

d. Repeated, unwanted touching or kissing, especially ifthe behavior has been labeled unwelcome.

e. Degrading, public tirades from a coworker orsupervisor regarding a person's race, color, creed,national origin, gender, age, veteran's status, sexualorientation, or disability.

f. Deliberate, repeated humiliation, including deliberate

humiliation of a co-worker who is not a native Englishspeaker, for the mispronunciation of words or phrases, orhumiliation of a student or co-worker because of his orher sexual orientation.

g. Deliberate desecration of religious articles or places,repeated unwanted proselytizing and repeatedinterference with the reasonable pursuit of religious life.

h. Repeated insults about loss of personal andprofessional competence addressed to an older person.

F.5.04 - Sexual Harassment

Sexual harassment includes conduct that is gender-based but notsexually provocative. Sexual harassment most often exploits arelationship between individuals of unequal power and authority,but may also occur between peers. Sexual harassment is alsounprofessional conduct that interferes with the pursuit of learningand the conduct of employment responsibilities. The term SexualHarassment refers to a form of sex discrimination that violates TitleIX of the Education Amendments of 1972 and Title VII of the CivilRights Act of 1964.

Sexual harassment means unwelcome sexual advances, requestsfor sexual favors, verbal and written comments or physical conductthat is gender-based or of a sexual nature when:

a. Submission to such conduct:

i. is made, either explicitly or implicitly, a termor condition of instruction, employment orparticipation in a System or College activity;

ii. is used as the basis for evaluating academicor personnel decisions regarding an individual;or

b. The conduct:

i. has the purpose or effect of creating anintimidating, hostile or offensive work oracademic environment; or

ii. unreasonably interferes with an individual's

work performance.

Sexual harassment is not restricted to conduct between persons ofthe opposite sex; sexual harassment may involve the behavior of aperson of either gender against a person of the opposite or samegender.

F.5.05 - Supervisory Personnel

A supervisor who becomes aware of conduct constitutingprohibited harassment by an employee must take immediate stepsto cause the conduct to cease, whether or not a formal complainthas been filed. It shall not be considered to be an adequateresponse to transfer the employee who is the recipient of theharassing conduct unless the employee consents to the transfer. Asupervisor who engages in conduct in violation of this policy towardan employee under his or her supervision shall be subject toprompt discipline, up to and including discharge of employment.

F.5.06 - Sexual Harassment by Supervisor

An employee who believes he or she is being subjected toprohibited harassment by a supervisor is strongly urged to seekthe assistance of the CRA.

F.5.07 - Criminal Processes

In some circumstances, harassment is also a crime. For example,sexual harassment by a public official is a criminal offense andsome forms of harassment by any individual may constitutecriminal assault, sexual assault, public lewdness or indecentexposure under the Texas Penal Code. Whenever appropriate, theSystem will provide information in its possession to outsidegovernment officials for further investigation and possibleprosecution.

F.5.08 - Prevention

Prevention is the best tool for the elimination of prohibitedharassment or conditions conducive to harassment within theSystem. Therefore. the Chancellor will take all the necessary stepsto prevent and eliminate harassment, including, but not limited to:

a. Publishing this policy for all present and futureemployees.

b. Seeing that in-house training materials on harassmentare prepared and distributed.

c. Publishing information on harassment materials inappropriate handbooks.

d. Including harassment topics in training for newemployees and supervisors.

e. Requiring each fulltime employee to participateannually in a refresher training course on the topic ofharassment and each part time employee to participateevery 3 years


6. Employee Safety and Health: Hazard Communication

F.6.01 - Employee Safety/Health

The System recognizes the importance of health and safety of itsemployees, and will provide a safe and healthful environment inwhich to work. Employees are required to participate in safetyprograms and to observe all health and safety rules, regulationsand instructions established by the System and College.

Responsibility:

All employees are responsible for incorporating safety in their dailyactivities. All supervisors are responsible for ensuring that eachemployee is trained and understands his or her particular job andall health and safety requirements.

Each department must meet all applicable rules and standardsimposed by law and be responsible for developing a set of safetyrules, policies, and regulations that pertain to its particularoperations.

All on-the-job illnesses and injuries, property damage and unsafeconditions must be reported to the supervisor immediately.

Each employee required to drive a System vehicle must possess avalid and appropriate license. The supervisor must certify that theemployee is capable of operating all motor-powered andself-propelled equipment required in the performance of theemployee's work.

Safety and loss control is the responsibility of each Systememployee. The System shall provide health and safety programsincluding but not limited to facilities inspection, emergencyevacuation, hazard classification and environmental protection, inaccordance with appropriate state and federal requirements.

F.6.02 - Smoking Prohibited

The System prohibits smoking inside any of its buildings, owned orleased, including offices, classrooms, restrooms, hallways andelevators.

Each campus or facility owned or controlled by LSCS will postno-smoking signs at each public entrance and at other strategiclocations.

Each campus or facility owned or controlled by LSCS willdesignate smoking areas not closer than within twenty-five (25)feet of the entrances to the buildings.


7. Performance Evaluations

F.7.01 - Professional and Support Staff

In order to assist with the measurement of past contribution over agiven time period, and provide feedback to improve performance,each supervisor shall conduct and document an evaluation reviewwith each full-time employee. The evaluation discussion shall focuson the employee's success in meeting the goals set for theevaluation period, documenting factual achievements, difficulties,and setting goals relevant to the position.

F.7.02 - Performance Evaluation Intervals

Each employee shall be provided a first performance evaluationwithin six (6) months of commencing employment with theSystem. Thereafter, the non faculty employee shall receive anannual performance evaluation.

Review of Performance Evaluation

The evaluator for each employee shall be that employee'simmediate supervisor, and each performance evaluation shall beforwarded to the second level supervisor (department head,division manager, dean, LEO, etc.) for approval, before beingplaced in the employee's official personnel file.

F.7.03 - Performance Evaluation Criteria

The evaluation form will assess the employee's performance bymeasuring specific objective criteria, and will also include a spacefor the supervisor's narrative regarding the employee's efforts,interest and performance during the evaluation period. Theevaluation process shall be marked by fairness and objectivity, andeach evaluating supervisor shall provide each employee an honestand unbiased assessment of his or her performance, includingaspects of strength, areas in need of improvement, and goals forthe upcoming evaluation period. The employee is to be consideredan integral part of the evaluation process. As such, the supervisorshall schedule a performance review with each employee duringthe evaluation period to discuss the supervisor's evaluation. Thisreview affords the employee an opportunity to discuss thestrengths and shortcomings reflected in the evaluation. Employeefeedback is encouraged at that time.

F.7.04 - Employee Review Conference

The evaluation form includes a space for the employee to write abrief statement or response, at the employee's election. At the endof the evaluation conference, the evaluation form shall be signedby the employee and the supervisor, as evidence of theperformance review conference. A copy of the signed evaluationform shall be given to the employee, a copy may be kept by thesupervisor, and a copy is to be placed in the employee's officialpersonnel file.

F.7.05 - Faculty Assessment

According to established procedures, each member of the facultyshall prepare and review with their dean or manager aself-evaluation of his or her performance, effectiveness and goalsas they relate to the responsibilities and priorities of the program ordepartment. Since instruction is the primary responsibility ofteaching faculty, the assessment will focus on instruction,curriculum development, and continuing professionaldevelopment, along with the other components of facultyresponsibility: institutional service and community service. Nonteaching faculty will be assessed with a focus on their jobresponsibilities.

F.7.06 - Purpose of the Faculty Assessment

The specific purposes of the faculty evaluation process are to:

a. Gather information to be used by each faculty memberfor his or her professional development;

b. Improve communication between faculty and managerin the area of performance;

c. Encourage faculty members whose performance isexemplary, and provide guidance and assistance tofaculty members whose performance needsimprovement; and

d. Collect information to be used in employment/contractstatus decisions.

F.7.07 - Administrative Staff

Each administrator shall participate with his/her supervisor in aperformance and self-appraisal plan each year. The appraisalprocess shall be self-evaluative in nature. The supervisor'sresponsibility shall be to critique and react to the performanceratings submitted by the employee. The System will periodicallysolicit feedback from the faculty and other employees regardingtheir experience with various administrators, for purposes ofencouraging more effective self-evaluation and professionaldevelopment planning.

F.7.08 - Administrative Review of Evaluation

Any employee may request an administrative review of his or herevaluation if he or she disagrees with the content of the evaluation,or believes that it was conducted in a manner that violates thispolicy.


8. Change in Contract Status

F.8.01 - Definition

Change in contract status means a decision by the immediatesupervisor to recommend:

a. in the case of faculty or administrator on an annualcontract, the non-renewal of that contract.

b. in the case of faculty or administrator on a multi-yearcontract, the return to an annual contract.

c. in the case of a faculty member on an annual contractwho is eligible to receive a multi-year contract, thecontinuation of an annual contract.

F.8.02 - Change of Status Grievance Rights

In the event that a faculty member or professional staff member isnotified of the intention of the Chancellor to recommend a changeof status, he or she shall have a right, upon written request filedwith the Secretary of the Board within ten working days after suchnotification, to a formal hearing before the Board. At such hearing,the faculty member or professional staff member will be given anopportunity to present evidence that the change of status wouldviolate state or federal law. This hearing may be open or closed atthe option of the employee.

The hearing before the Board shall be held within (45) working

days after written request for such hearing is file with the Board.After such hearing the Board, within ten working days of hearing,may confirm or revoke the previous action on change or status: butin any event, the decision of the Board shall be final andnon-appealable.

F.8.03 - Notice

Professional and contractual staff are subject to non-renewal bythe Board upon the recommendation of the Chancellor at the endof the contract period, if in their best judgment, the best interestsof the College will be served thereby; provided, that notice ofintention to change status shall be given by the Chancellor on orbefore March 1 preceding the end of the employment term fixed inthe current contract.

In the event of failure to give such notice of intention to non-renewwithin the time above specified, the Board shall thereby elect toemploy the faculty or non-faculty contractual employee in the samecapacity for the succeeding school year. This process is not validin the event that the Board of Trustees takes action for a reductionin force.

F.8.04 - Hearing

When a contractual employee is notified of the Chancellor'srecommendation of a change in status, he or she shall have theright to a hearing before the Board, provided that, written requestfor such hearing is filed with the Secretary of the Board within ten(10) working days of the employee's receipt of the Chancellor'sNotice of Change in Contract Status. The employee's writtenrequest for a hearing shall identify the state or federal law, or Boardpolicy that would be violated by the change in status. At thehearing, the employee will need to show support for his or herclaim that the change in contract status would violate state orfederal law, or a specific Board Policy directly relating to thechange in status.

The Board shall conduct the hearing within 45 working days afterthe written request for hearing has been filed. The days theSystem is closed shall not count towards this timeline. The hearingmay be open or closed, at the option of the employee; however,the Board may require the hearing to be closed if the employee'spresentation will make reference to other employees or for other

appropriate reasons under the Texas Open Meetings Act. Withinten (10) working days after the hearing, the Board shall notify theemployee of its action either to confirm or revoke the change incontract status. The Board's decision on change in contract statusshall be final.


9. Resignation by Contract Employee

F.9.01 - Resignation

Any contractual employee may relinquish his or her position, andleave the employment of the System at the end of the contractterm, without penalty, so long as the letter of resignation issubmitted prior to August 1 of the academic year in which theemployee resigns. A letter of resignation is submitted as of thedate of mailing, if sent to the Chancellor by United States certifiedmail, with sufficient postage.

The employee may resign with the consent of the Board at anytime mutually agreeable.

The Chancellor shall have authority to accept resignations.Exceptions to the deadline requirement may be granted inextenuating circumstances.


10. Review and Grievance Process

F.10.01 - Policy

The System is committed to providing a work environment thatencourages an open atmosphere, in which problems or complaintsare addressed promptly by supervisors and managers. This policyprovides a process for employees to communicate and seekresolution of specific and important concerns about conditions of

employment or System decisions which affect the employee, andwhich the employee considers unjust or inequitable.

F.10.02 - Non-Retaliation Policy

No reprisal or retaliation of any kind shall be taken against anemployee who communicates a concern or voices a complaint.Indications that the employee has used this complaint processshall not be included in the employee's official personnel file,unless the employee specifically requests that such complaint beincluded in his or her file.

F.10.03 - Determination of Applicability

The Associate Vice Chancellor for Human Resources, or his or herdesignee, is responsible for determining whether a complaint fallswithin the scope of this policy, and shall advise the employee if adifferent process is available.

F.10.04 - Limits on Purpose and Applicability

This policy does not alter in any way the employment-at-will statusof non-contractual employees. (See Non-contractual employees)Nor does it replace the established process for complaints aboutdiscrimination on the basis of an individual's race, color, religion,national origin, gender, citizenship, age, disability, veteran status,or sexual orientation. Further, this policy does not replace thepolicies and procedures relating to change in contract status,reduction in force or employee discharge, separately set out inother sections of Section IV. Human Resources, Board PolicyManual.

F.10.05 - Prohibition of Serial Complaints

An employee is precluded from bringing separate or serialcomplaints concerning events about which the employee haspreviously complained, even if such complaint was broughtpursuant to another complaint review process.

F.10.06 - Representation

An employee filing an administrative complaint or grievance, or anemployee who is the subject of a complaint may be assisted by aperson or organization of his or her choice.

F.10.07 - Administrative Review Process

Administrative review is the process by which an aggrievedemployee requests that the second level supervisor reconsider adecision of the immediate supervisor that affects the employee,and that the employee believes to be unjust or inequitable. Thisprocess is available to all full- and part-time employees. This is theonly review process available to contest the content of anevaluation, or the dismissal of a full- or part-time non-contractualemployee.

Prior to initiating an administrative review, the employee must havefirst discussed his or her concerns with the immediate supervisor.

F.10.08 - Administrative Review Procedure

A request for an administrative review is to be submitted in writing.The second level supervisor shall meet with the employee, conductany necessary investigation, and respond to the employee withinten (10) calendar days. The response to an administrative review iscommunicated to the employee, in writing, by the reviewer.

F.10.09 - Formal Grievance Process

The formal grievance process is available for a full-time contractualemployee to seek resolution of a workplace dispute, disagreementwith a performance evaluation, involuntary discharge, or theproposed change in contract status. The grievance must recite aviolation or misapplication of a specific Board policy or a specificadministrative procedure that is related to wages, hours orconditions of work. The formal grievance process is the next step ifthe issue is not resolved in the Administrative Review Process.

F.10.10 - Formal Grievance Procedure

A grievance must be initiated in writing to the Location ExecutiveOfficer (LEO) within ten (10) calendar days of the completion of theAdministrative Review Process. The grievance must detail thepertinent facts relevant to the problem, actions taken to date andspecific reference to the rights the grievant believes have beenviolated.

Upon receipt of the grievance, the LEO will conduct aninvestigation, if necessary, and respond in writing to the grievant

within fifteen (15) calendar days.

F.10.11 - Appeal to Chancellor

A contractual employee who is not satisfied with the result of theFormal Grievance Process may appeal in writing to the Chancellorwithin ten (10) calendar days of his/her receipt of the ruling fromthe Formal Grievance Process. The Chancellor shall review theemployee's appeal submission and the written record of thegrievance and, within fifteen (15) calendar days, shall determinewhether to uphold or deny the grievance.

F.10.12 - Appeal to the Board

An employee who is not satisfied with the determination of theChancellor may appeal to the Board by filing a letter of appeal withthe Secretary of the Board within ten (10) calendar days of theemployee's receipt of the Chancellor's determination. The Boardmay schedule a hearing of the grievance appeal at a regularlyscheduled Board meeting, or at a special Board meeting. At thehearing, the grievant shall have an opportunity to present to theBoard his or her concerns. The administration may respond to thegrievance.

The Board shall issue its ruling within thirty (30) calendar days ofthe hearing, either upholding or reversing the Chancellor'sdetermination. The decision of the Board shall be final.

F.10.13 - Timeliness

The time limits, as provided in this policy, are created in order toensure that issues are raised and addressed promptly. Timelinesfor the filing of, and response to a complaint may be extended bythe mutual agreement of the employee and the person responsiblefor conducting the review. A grievance shall be consideredresolved at the completion of any step, if all parties are satisfied orif neither party files a timely appeal to the next step.


11. Corrective Action and Discipline

F.11.01 - Definition

Corrective Action refers to a management approach to solvingperformance problems by emphasizing solutions to theproblem(s), and by the appropriate use of progressive discipline.

F.11.02 - Purpose

The purpose of this policy is to:

a. Guide supervisors through effective problem-solving,and to enforce System and College policies andprocedures;

b. Help employees overcome work-related shortcomings,and where practicable, strengthen performance; and

c. Help supervisors identify and terminate an employeewho is not performing adequately after appropriatecounseling.

Nothing in this policy creates a contract or property right fornon-contractual employees, and this policy does not alter in anyway the employment-at-will status of non-contractual employees.

F.11.03 - Exceptions to this Policy

These recommended practices are not required to be used prior toplacing an employee on paid leave pending the outcome of aninvestigation or of a medical evaluation. Likewise, theserecommended practices are not required prior to taking an actionof immediate discharge, if it is called for pursuant to the "Dischargeof Employees" Section of Chapter IV. Human Resources, BoardPolicy Manual.

F.11.04 - Levels of Corrective Action

When it is necessary to use corrective action, the immediatesupervisor is responsible for: (a) discussing the issue(s) with theemployee; (b) documenting appropriate action; (c) ensuring thatthe action is, reasonable and explained to the employee; and (d)giving the employee a reasonable amount of time to correctperformance.

In most instances, the following steps will be taken to solveperformance problems:

a. The initial meeting is between a supervisor and anemployee to identify performance problems, and indicateareas of needed improvement. A record of the discussionis created by the manager after it has taken place withdocumentation of issues and resolutions discussed atmeeting. A record of this discussion is given to theemployee and a copy maintained by the employee'ssupervisor.

b. Disciplinary Action: A formal meeting between thesupervisor and employee, called by the supervisor todiscuss serious performance problems, or lack ofimprovement from an initial meeting at which thesupervisor will:

i. Identify the problem to be corrected and theperformance or conduct standard to be met;

ii. Identify ways in which the employee mightcorrect the problem;

iii. State the consequences if the problem isnot corrected; and

iv. Create a written record of the DisciplinaryAction after the meeting.

F.11.05 - Corrective Action Procedures

Post meeting documentation of the Disciplinary Action is to beprepared by the supervisor, A copy is provided to the employeeand submitted to System OfficeHR.. The employee's signatureindicates receipt of the document, but not agreement with thecontents. The employee may attach a personal statement to theDisciplinary Action memorandum if submitted within five (5)calendar days of the receipt of the document.

F.11.06 - Discharge

Failure by the employee to correct the identified problem, asrequired in a Disciplinary Action, is grounds for discharge.

F.11.07 - Decision-Making Leave

Decision-Making Leave is leave granted for the balance of theemployee's shift (not to exceed eight scheduled hours of work) forthe employee to decide whether to correct performance problemsand continue working for the System. This step usually follows aDisciplinary Action meeting at which action to correct an identifiedproblem was required of, and discussed with, the employee.

The purpose of the Decision-Making Leave is to provide anemployee with a final opportunity to correct a serious performanceor work habit problem.

If the employee returns from the Decision-Making Leave havingmade the decision to work towards meeting performancestandards, the supervisor shall prepare documentation describingthe meeting between supervisor and employee and theexpectations of changes in the employee's performance. If theemployee does not return from leave, or communicates thedecision to quit, a similar memorandum should be prepared,summarizing the Decision-Making Leave as part of the dischargeprocedure. The employee will be considered to have resignedvoluntarily.


12. Reduction in Force

F.12.01 - Purpose

The purpose of this policy is to establish a process by which theSystem will seek and obtain Board approval to eliminate positionsin its work force, as a result of changes in the System's financialresources, due to forces outside of the System's control, such as:

a. Legislative or executive action by the State or Federalgovernment that reduces funds on which the System hasbased its budget planning;

b. A significant loss in enrollment or incapacity to chargetuition, resulting from the loss of student financial aid,destruction of System instructional or other facilities bycatastrophic weather, acts of terrorism, or otherunexpected and catastrophic event; or

c. Destruction of property in the System that results in asudden and unexpected decrease in tax revenue.

F.12.02 - Hearing on Proposed Reduction in Force

The Chancellor is responsible for preparing and submitting to theBoard of Trustees a proposed Reduction in Force (RIF) stating thereason for the recommendation, the number of employees who willbe laid off, the criteria for selection of employees to be laid off, andthe proposed time lines for the RIF. The Board of Trustees shallconduct a hearing on the proposed RIF, based on the Chancellor'srecommendation. At least one representative of the employeegroup that will be laid off shall be permitted to address the boardregarding a proposed RIF. The Board may establish reasonabletime limits for such employee comments.

F.12.03 - Consideration of RIF Affecting Faculty

Prior to recommending a reduction in the full-time faculty, theChancellor shall consider:

a. Reduction of teaching contracts from 12-month or10.5 months to 9 months;

b. Reassignment of some faculty to other teaching fields,if qualified, and provided that an open position exists;

c. Reducing the teaching load, and assigningadministrative responsibilities, if available, provided thatsuch assignment does not exceed two years;

d. Transferring some faculty to other locations, providedthat a comparable position is available;

e. Reduction of adjunct faculty;

f. Reduction of class size, if the average for affecteddepartment is above the System average.

F.12.04 - Proposal of RIF Affecting Faculty

Once a reduction in force of faculty is proposed by the Chancellor,a proposal of reduction shall be submitted to each Faculty Senateby the Chancellor with an invitation to each Faculty Senate tosubmit a written response.

F.12.05 - Notice to Contractual Employees

When it is proposed to lay off contractual employees as a result ofa RIF, the Chancellor shall make every reasonable effort,consistent with the need to maintain sound educational programs,and within the limits of available resources, to give twelve months'notice to multi-year contractual employees, and three monthsnotice to one-year employees.

F.12.06 - Re-Employment/Restoration of Benefits -Contractual Employees

The System shall not offer a new contract of employment to a newcontractual employee within eighteen months after notification ofintent to terminate a contractual employee under this policy, unlessthe contractual employee who was laid off through a RIF has beennotified by certified mail and failed to accept or reject there-employment offer within fifteen (15) calendar days of notification.

F.12.07 - Contractual Employee Reinstatement

A contractual employee who has been laid off as a result of a RIF,and is re-employed within eighteen months, shall be reinstated asa contract employee.

A contractual employee who is recalled within eighteen monthsshall have his or her sick leave or personal leave restored at thesame amount as were recorded as of the effective date of his orher lay off.

F.12.08 - Request for Review - Contractual Employees

Within ten (10) calendar days after receiving a notice of dischargeas a result of the RIF, a contractual employee may request inwriting a review of the action by the Board of Trustees. Review willbe solely to determine whether the decision to layoff the employeeconstituted prohibited discrimination or retaliation, or was arbitrary

and capricious.

The Board of Trustees shall consider the request, and shall grant ahearing if it determines:

a. that the request contains a bona fide contention thatthe decision to layoff the employee constituted prohibiteddiscrimination, retaliation, or arbitrary and capriciousconduct; and

b. that the facts suggested, if established, might supportthe contention.

A denial of the request finally confirms the decision ofdischarge/layoff, and the Board shall so notify the employee.

F.12.09 - Review Hearing Procedures - ContractualEmployees

If the request for a hearing is granted, a hearing shall be heldwithin thirty (30) days. The employee shall be given at least five (5)days' notice of the hearing.

The hearing shall be held in a closed meeting, with only themembers of the Board, the employee, and his or herrepresentative (if any), the Chancellor, and such witnesses as maybe called, in attendance. An employee may request that thehearing be held open, but the Board may close the meeting if theemployee's presentation will make reference to other employees ofthe System or as otherwise appropriate under the Texas OpenMeetings Act. The Board may consider evidence it considers fairand reliable at the hearing.

After presentations by the employee, the Chancellor, or theirrepresentatives, and also by any witnesses called by either side,the Board may deliberate on the matter in executive session,unless the employee requests them to deliberate in public.

The Board shall vote in public session whether to grant or deny theappeal.

F.12.10 - Rights of Non-contractual Employees in a RIF

During a RIF, non-contractual employees will be promptly notifiedof the proposed layoff so as to allow maximum time for them to

seek alternative employment.

Except for employees who are prioritized for layoff in the RIFprocess due to corrective action or other disciplinary action, anemployee who is recommended for layoff as part of a RIF, but isstill employed with the System full-time, shall be considered forreassignment to another position in the System, if the employee isqualified to perform the essential functions of such other position.Such full-time employee shall be offered reassignment to thevacant position prior to external advertising of the position. Anemployee who is given the opportunity for reassignment in lieu ofRIF layoff, but declines to accept the vacant position, shall lose theopportunity to be reassigned.

Non-contractual employees who are rehired after losing a full-timeposition through a RIF within eighteen months of departure will bere-hired with reinstatement of benefits, if permitted by the State ofTexas Employee Retirement System and/or the TeacherRetirement System of Texas.

Nothing in this policy creates a contract or property right fornon-contractual employees, and this policy does not alter in anyway the employment-at-will status of non-contractual employees.

F.12.11 - Continuation of Benefits

The Human Resources Department will provide guidelines toaffected employees regarding the details of separation, such asInsurance coverage, pension plan; unemployment compensation,etc.

Employees who are laid off during a RIF will be offered theopportunity to continue their health and dental coverage inaccordance with the provisions of Consolidated Omnibus BudgetReconciliation Act (COBRA), by paying the established COBRApremium amounts.


13. Discharge of Employees

F.13.01 - Policy

Any System employee may be discharged for any of, but notlimited to, the following reasons:

a. Repeated failure to meet established performancestandards as put forth in policy F.11

b. Failure to comply with official directives or establishedBoard policies;

c. Violation of the System's criminal background checkpolicy; or

d. Repeated and continued neglect of jobresponsibilities.

A non-contractual employee has no due process right of noticeand opportunity for a hearing prior to discharge.

The discharge of a contractual employee involves a decision to endthe contractual relationship prior to the end of the contract, forcause.

Before any discharge is finalized, the Location Executive Officer,Associate Vice Chancellor for Human Resources, and theChancellor must have been apprised of, and consented to, theproposed discharge and terms of discharge.

F.13.02 - Discharge for Performance Deficiencies

Discharge of an employee shall be on the recommendation of theappropriate supervisor. An employee who is to be discharged forperformance reasons will have been advised by his or hersupervisor of problems during the evaluation process, or throughother written means, and given an opportunity to correct theproblems.

F.13.03 - Discharge for Misconduct

An employee may be discharged for misconduct, including by wayof example, mistreatment of a subordinate, co-workers, students,or members of the public, misuse of computing or other Systemresources, or violation of the System's civil rights policies.

Generally, prior to discharge, a non-contractual employee will begiven an opportunity to provide his or her response.

A contractual employee will usually be given a pre-dischargehearing and a written explanation of the reasons for the action, andany facts pertinent to the decision. A contractual employee willgenerally be given an opportunity to be heard prior to discharge.

F.13.04 - Immediate Discharge

Any employee may be discharged immediately and without priorwarnings, Disciplinary Action or a pre-discharge hearing for seriousoffenses including, but not limited to:

a. Serious acts of dishonesty, including misappropriationof System funds, destruction of records to cover upwrongdoing, or misuse of authority;

b. A violation of the System's drug and alcohol policy;

c. Violation of the System's criminal background checkpolicy; or

d. Conduct that jeopardizes the health or safety ofSystem employees, students, or others on Systemproperty.

A contractual employee, who is the subject of immediatedischarge, will be provided with immediate notice of the reasons forthe discharge, set out in sufficient detail to fairly enable him or herto show error that may exist at a post-discharge hearing.

F.13.05 - Suspension with Pay

An employee may be suspended from employment with pay,pending further investigation of a matter, including possible officialaction by outside legal agencies. Suspension with pay requiresapproval of the Chancellor or his/her designee. There is no timelimit for suspension with pay. Suspension with pay should befollowed immediately with a thorough investigation of the case todetermine the appropriate level of discipline, if any.

During the period of suspension with pay, an employee isconsidered on active assignment, may be required to makehimself or herself available for business during normal work hours,

and is required to observe System policies, procedures, andstandards of conduct.

F.13.06 - Appeal for Contractual Employee

A contractual employee who is discharged for cause may appeal tothe Chancellor within ten (10) calendar days of his or her receipt ofthe written notice of termination. The appeal will generally consistof a paper review of the documents underlying the termination,followed by a letter from the Chancellor. The Chancellor maydesignate a Vice Chancellor to conduct the appeal.

Unless the Chancellor overturns the discharge, the contractualemployee may request a formal hearing before the Board ofTrustees, by notifying the Board Chair of the employee's desire fora hearing, not more than ten (10) working days following receipt ofthe Chancellor's decision. The Board shall take no action on thecontract for the employee in question until all appeals have beencompleted, or the required time for notice has expired.

The Board shall then set a date for a formal hearing within thirty(30) working days. At the hearing before the Board, the contractualemployee shall be allowed to present evidence, to cross-examinewitnesses. and to summarize his or her argument that thedischarge is improper.

Following the hearing and a decision on the appeal, the Boardshall notify the appealing employee of its decision, in writing. TheBoard's decision shall be final.


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