Administrative Policies And Procedures

Lamar State College-Orange is governed by the Board of Regents for the Texas State University System. The actions of persons employed by the College shall be consistent with policies, procedures, rules, regulations, directives, and guidelines that are adopted or otherwise prescribed by the Board.

State human resource management policies and regulations are drawn primarily from general laws enacted by the Legislature, the biennial Appropriations Act, Attorney General’s opinions, and State Auditor interpretations. The primary sources of reference have been the Texas State University System Rules and Regulations, Amended 2005 and the Texas Human Resource Management Statutes Inventory, 2006-07 Biennium. In the event of conflict between the provisions of this Manual and the System Rules and Regulations, the latter shall prevail. Relevant policies and regulations are presented in summary form in the Administrative Policies and Procedures Manual.

This Handbook includes only a brief description of benefits offered by Lamar State College-Orange and an overview of major rules and policies. It is designed to be a reference to guide present employees as well as to provide initial information to new personnel.

Nothing in the Administrative Policies and Procedures Manual in any way creates an express or implied contract of employment. Employment is terminable at will so that both the College and its staff employees remain free to choose to terminate their work relationship at any time.

CHANGES, AMENDMENTS, AND EXCEPTIONS

Changes and amendments to these policies, rules, and regulations may be made by the President with the approval of the Board of Regents for substantial changes.

In certain isolated and unique cases, exception to one or more of these policies, rules, and regulations may be necessary and/or desirable. The authority to grant exception to one or more of these provisions is vested in the Office of the President.

INSTITUTIONAL POLICY STATEMENT

Lamar State College-Orange declares and reaffirms its policy of equal educational opportunity, and nondiscrimination in the provision of education, employment, and other services to the public.

EQUAL EMPLOYMENT OPPORTUNITY

Lamar State College-Orange is an equal opportunity employer. Students, faculty, and staff members are selected without regard to their race, color, creed, sex, national origin, age, or disability consistent with the assurance of compliance with Title VII of the Civil Rights Act of 1964; Executive Order 11246 amended by Executive Order 11375; Title IX of the Education Amendment of 1972, as amended; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990, Civil Rights Act of 1991, and Family Medical Leave Act of 1993.

The 76 th Legislature has replaced the requirement for Affirmative Action plans with a requirement to have a recruitment plan based on a workforce availability analysis. However, Lamar State College-Orange shall have an Affirmative Action Program as required by Executive Order 11246, as amended by Executive Order 11375.

STATEMENT ON DIVERSITY

Lamar State College-Orange believes that freedom of thought, innovation, and creativity are fundamental characteristics of a community of scholars. To promote such a learning environment, Lamar State College-Orange has a responsibility to seek cultural diversity, to install a global perspective in its students, and to nurture sensitivity, tolerance and mutual respect. Discrimination against or harassment of individuals on the basis of race, color, national origin, age, ethnicity, religion, sex or disability is inconsistent with the purpose of the College.

EQUAL EDUCATIONAL OPPORTUNITY

Lamar State College-Orange reaffirms its policy of administering all of its educational programs and related supporting services, and benefits in a manner which does not discriminate because of a student's or prospective student's race, color, creed or religion, sex, national origin, age or disability or other characteristics which cannot lawfully be the basis for provision of these services.

Further, Lamar State College-Orange commits itself to a program of Affirmative Action, to encourage the application of minority and women students, to identify and eliminate the effects of any past discrimination in the provision of educational and related services, and to establish organization structures and procedures which will assure equal treatment and equal access to the facilities and educational benefits of Lamar State College-Orange to all students as required by law.

AMERICANS WITH DISABILITIES

Lamar State College-Orange is committed to providing “clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities,”in accordance with the Americans with Disabilities Act of 1990, which prohibits discrimination against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, compensation, training, and other terms, conditions, and privileges of employment.”

Under the ADA, a person has a disability if he/she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

A qualified individual with a disability is a person with a disability who, with or without reasonable accommodation, has the qualifications and ability to perform the essential functions of the employment position. Lamar State College-Orange is responsible for making reasonable accommodations for persons with disabilities, and cannot deny those persons employment because of an unwillingness to provide reasonable accommodations, unless Lamar State College-Orange can prove that such accommodations will cause an undue hardship that imposes significant difficulty or expense.

The employee or applicant is responsible for notifying either their direct supervisor or the Director of Human Resources that they are disabled and wish to request reasonable accommodations. The request should be made on the Reasonable Accommodation Request form. Lamar State College-0range may require a confirming examination or a doctor’s letter before a request is considered. Accommodations generally fall into the following categories: 1) physical access to work facilities, 2) technological equipment or modifications, 3) personal assistance, 4) scheduling changes and time off, or 5) job restructuring.

If a request for accommodation is received, the employee or applicant will be asked to provide suggestions about what would work best. The Human Resources Director and supervisor will then review the suggestions. It may be necessary to investigate alternative solutions and make other suggestions to the individual requesting accommodation. All actions taken are to be documented on the Request form. If the request is granted, the individual will review, edit and sign a statement describing the steps taken.

The Controller and the President would be responsible for determining “undue hardship” based on the facts provided by the Human Resources Director. When determining whether the accommodation is too costly or creates an undue hardship, the cost of the accommodation, the employer’s size, financial resources and the nature and structure of the operations must be considered. If the accommodation would cause an undue hardship, Lamar State College-Orange would also consider whether funding for the accommodation is available from an outside source, such as a vocational rehabilitation agency. The applicant or employee with the disability would also be given the opportunity to provide the accommodation or pay for a portion of the accommodation that constitutes an undue hardship.

If the decision is made not to make the accommodation based on “undue hardship,” the reasons are documented. The individual then receives a standard letter explaining the reasons for failing to grant the request, and what will happen next.

VETERANS PREFERENCE

Lamar State College-Orange reaffirms its policy of giving preference in employment opportunities to qualified veterans in accordance with S.B. 646, as amended by the 74th Legislature. Veterans qualify for preference “if the veteran served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law or was discharged from military service for an established service-connected disability. The veteran must also have been honorably discharged and must be competent. A veteran’s orphan or surviving spouse who has not remarried qualifies for the veterans’ preference if the veteran was killed on active duty; the veteran served in the military for no less than 90 consecutive days during a national emergency in accordance with federal law; and the spouse or orphan is competent.

An individual who qualifies for a veteran's employment preference is entitled to a preference in employment over other applicants for the same position who do not have a greater qualification.

Lamar State College-Orange is required to file a quarterly report with the Comptroller stating hiring percentages and the current percentage of employees that are eligible for a veteran’s preference. In addition, Lamar State College-Orange must provide the Texas Workforce Commission information regarding open positions that may be subject to the hiring preference law.

NON-DISCRIMINATION IN SERVICES TO THE PUBLIC

Lamar State College-Orange reaffirms its policy of non-discrimination on the basis of minority status, sex, or other impermissible grounds, in the provision of all services provided to members of the public by facilities under the control of Lamar State College-Orange.

Further, Lamar State College-Orange commits itself to a continuing program to assure that unlawful discrimination does not occur in the services it renders to the public and that those sectors of the public most affected by this policy be informed of its contents.

COMPLIANCE WITH LAWS

Through the policies and programs set forth by Lamar State College-Orange, the institution undertakes to fully comply with all federal, state, and local laws relating to equal educational and employment opportunity.

Institutional policies specifically address the obligations of Lamar State College-Orange under the following laws and regulations:

Titles VI & VII of the Civil Rights Act of 1964 as amended

Executive Order #11246 as amended

Revised Order No. 4

The Equal Pay Act of 1963

The Vietnam Era Veterans Rehabilitation Act of 1974

The Rehabilitation Act of 1973

Title IX of the Education Amendments of 1972

The Americans with Disabilities Act of 1990

Civil Rights Act as amended 1991

The Family Medical Leave Act 1993

Veteran’s Employment Preferences, Amended by Acts 1997, 75th Legislature

The function of the Lamar State College-Orange Human Resources Office is to design, implement, and maintain a program of personnel administration for Lamar State College-Orange; a program which is adequately defined and explained for each employee of the College. Under the direction of the Vice President of Finance and Operations, the Human Resources Office is responsible for the development and administration of sound personnel policies and programs in accordance with federal, state, and State College statutes, regulations, and policies. Major functional areas include coordination of payroll, benefits, records maintenance, employment, classification/compensation, workers compensation, safety, risk management, and employee relations.

The Human Resources Office serves the faculty and the administration in their programs of teaching, research, extension, and supporting services.

A centralized human resources office is necessary to provide direction, uniformity, continuity, and efficiency in the use of human resources. The various departments and other units of the College must share in the responsibility for implementing the various policies and procedures. This includes such functions as selection, orientation, training, evaluation, and record keeping.

The responsibility for the administration of the staff personnel program is vested in the Human Resources Director. The Human Resources Office is available to all members of the faculty and staff for advice and counsel on matters of personnel administration. Any employee having questions regarding personnel policies or procedures is encouraged to call the Human Resources Office prior to initiating any personnel related action.

Providers