Administrative Policies and Procedures

CODE OF ETHICS

Lamar State College–Orange is committed to the highest standards of ethics, integrity, and fairness in all dealings and to provide the public with the utmost level of confidence in our organization, educational services, administrative business processes, and financial data. The College is in a position of trust with respect to many external organizations and agencies. Accordingly, all College personnel have a responsibility to the government, donors, parents, and students to use its funds prudently, ethically, and for the purposes for which they are designed.

1.1   ETHICS is defined as the principals of conduct governing an   individual or group.

1.2   PREAMBLE

Ethics and integrity are the responsibility of each individual. Therefore, every member of the faculty and staff, any other person acting on behalf of the College is responsible for ethical conduct consistent with the code.  As such, College administration, faculty, deans, department chairs, and others in supervisory positions must assume responsibility for ensuring that their conduct, and the conduct of those they supervise complies with this code.  Business activities undertaken on behalf of LSC-O with the public, the government, suppliers, students, and one another must reflect the highest standards of honesty, integrity, and fairness. Each individual must be especially careful to avoid even the appearance of misconduct or impropriety.

1.3   INTEGRITY

All employees must:

• Perform their work with honesty, objectivity, diligence, and responsibility.
• Act with a high level of prudence and due professional care avoiding any real or apparent conflicts of interest.
• Act in good faith without misrepresenting material facts or allowing their independent judgment to be subordinated.
• Accord respect to self and others and accept responsibility for all actions.
• Observe the law and make disclosures expected by the law.
• Not knowingly be a party to any illegal activity or engage in acts that are discreditable to the College.
• Comply with all College policies and procedures.
• Proactively promote ethical behavior amongst peers, in the work environment, and in the community.
• Exercise responsible use and control over all College assets and resources.
• Respect and contribute to the legitimate and ethical objectives of the College.
• Accept and respect diversity in our community and adherence to the College’s affirmative action and non-discrimination policies.

1.4   GRATUITIES AND “KICKBACKS”

Lamar State College–Orange personnel shall not use their position to secure special privileges for themselves or their close relatives.  (See definition below under “Nepotism”).  Employees shall not give, offer, or promise anything of value to anyone to enhance relations with that individual or their firm, regardless of whether that individual is in a position to influence any decisions with respect to the College or its activities.  This includes, but is not limited to, entertainment, meals, refreshments, gratuities or gifts, loans, rewards, compensation, or other monetary remuneration. This also applies to all contractors, subcontractors, and/or vendors for the purpose of improperly obtaining or receiving favorable treatment.  Nor shall any LSC-O personnel solicit or accept anything of value from any governmental official, contractor, subcontractor, vendor or others for such a purpose. (Refer to related policies in Policy 5.1-Standards of Conduct)

1.5   CONFLICT OF INTEREST

All employees must ensure that no conflicts of interest exist. The College administration has an obligation, in accordance with Board statutes, to ensure that staff members avoid conflicts of interest and to assure that the activities and interests of its employees do not conflict with their obligations to the institution or its well-being.  A conflict of interest arises when staff members place themselves in a position where they could use their position to create benefits for their private interests or to give improper advantage to others. When a staff member has a significant interest in, or a consulting arrangement with, a private business concern, it is important that they avoid conflicts of interest. Staff members are encouraged to direct inquiries relative to conflict of interest concerns to their department head and/or division executive officers.  In those situations where a possible conflict of interest may occur, management shall take action which may include relieving the employee of the assignment and assigning the matter to another qualified employee who does not have a conflict of interest.

1.6   CONFLICT OF COMMITMENT

With the acceptance of a full-time or part-time position at LSC-O, every employee is expected to accord the College their primary professional loyalty and to arrange outside obligations, financial interest, and activities so as not to conflict with their overriding commitment to the College.  Consultants are also expected to arrange their outside obligations and activities so as not to conflict with their contracted commitment to the College.

A conflict of commitment occurs when an employee’s involvement in external activities adversely affects their capacity to meet their primary obligation to the College due to a perceptible reduction of the individual’s time and energy devoted to LSC-O activities.  Departments may permit certain outside activities, with appropriate notice to and written approval by the appropriate department head, so long as these endeavors do not interfere with an employee’s obligations to the College. (Refer also to provisions on Dual Employment in Policy 2.1 and in the section on Outside Employment in Policy 4.0 - Attendance.)

1.7   NEPOTISM

Blood or marital relationships with other College staff members are not regarded as a deterrent to appointment, reassignment, or continuance in a present position.  Close relatives may not be employed where one is in a position of influence over another.  Close relatives include husband or wife, parent or child, son-in-law, daughter-in-law, brother or sister.  A position of influence exists in instances where selection for employment, judgments concerning performance, compensation, status, fitness for promotion or discipline/discharge, require the action of one person with respect to the other.  (Application of this policy is detailed in Policy 2.0 – Nepotism)

1.8   CONFIDENTIALITY

Security and confidentiality of College records are matters of concern for all staff with access to manual or computerized information and files.  Each person working with College information holds a position of trust and must recognize the responsibilities of preserving the security and confidentiality of the information, any employee or person with authorized access to the system is expected:

• Not to make or permit unauthorized use of any information or files.
• Not to seek personal benefit or permit others to benefit personally by any confidential information which has come to them through their work assignment.
• Not to exhibit or divulge the contents of any record or report to any person except in the conduct of their regular work assignment.
• Not to remove any official record of report (or copy) from the office where it is kept except in performance of regular duties or in cases with prior approval.
• Not to operate or request others to operate any College data processing equipment for personal business.
• Not to aid, abet, or act in conspiracy with any other person to violate any part of this code.
• To immediately report any violation of this code to management.

1.9   COMPETENCY

All employees have an obligation to execute their duties and responsibilities with professional care and skill to the best of their knowledge and abilities. To that end, all employees must familiarize themselves with the appropriate College and/or department policies and procedures, applicable laws and regulations, and other rules as required to perform their respective jobs.

1.10  FINANCIAL REPORTING

All College accounts, financial reports, tax returns, expense reimbursement, time sheets, and other documents, including those submitted to government agencies must be accurate, clear, timely, and complete.  All entries in College books and records, including departmental accounts, and individual expense reports, must accurately reflect each transaction.  It is unlawful for any employee to take an action to fraudulently influence, coerce, manipulate, or mislead an auditor engaged in the performance of an audit for the purpose of rendering the financial statements materially misleading.

1.11  REPORTING CODE VIOLATIONS

Employees should report suspected violations of this code, applicable laws, regulations, and government grant and contract requirements through standard management reporting channels, beginning with the immediate supervisor.  Alternatively, employees may go to a higher level of management and may also report suspected violations or problems to the Director of Internal Audit. In all instances, violations of laws or regulations should be reported to the Director of Internal Audit (409-880-8933).  Such reports may be made confidentially and/or anonymously although a greater level of information allows for a more thorough investigation.  Raising such concerns is a service to the College and consistent with the State of Texas’s Whistleblowers’ Protection Act will not jeopardize employment.

All employees should cooperate fully in the investigation of any misconduct.

1.12  CONSEQUENCES OF VIOLATION

Each person is responsible for ensuring that their own conduct, and the conduct of anyone reporting to them, fully complies with this code and with the College’s policies. Violations will result in appropriate disciplinary action up to and including discharge from employment.  Disciplinary action will be taken in accordance with the procedures applicable to faculty or staff as codified in the respective Faculty Handbook and in this Administrative Policy and Procedure. Conduct representing a violation of the code may, in some circumstances, also subject an individual to civil or criminal charges and penalties.

General Appropriations Act, Article II, Section 26, Special Provisions, 79th Legislature

STANDARDS OF CONDUCT FOR STATE EMPLOYEES

State law requires that all individuals who are responsible to the State in the performance of their official duties must observe certain standards of conduct and disclosure requirements. An employee of Lamar State College-Orange shall not:

• Accept or solicit any gift, favor or service that might reasonably tend to influence the employee in the discharge of official duties.

• Use an official position to secure special privileges or exemptions for the employee or others, except as may be otherwise authorized by law.

• Accept employment or engage in any business or professional activity which might reasonably be expected to require or induce the employee to disclose confidential information acquired by reason of such employee's official position or impair the employee's independence of judgment in the performance of public duties.

• Disclose confidential information gained by reason of one's employment, or otherwise use such information for personal gain or benefit.

• Transact any business in an official capacity with any business entity of which the employee is an officer, agent, or member or in which the employee owns a controlling interest unless the Board of Regents has reviewed the matter and determined no conflict of interest exists.

• Make personal investments in any enterprise which could reasonably be expected to create a substantial conflict between the private interests of the employee and the public interests of his or her employee.

• Receive any compensation for services as a State employee from any source other than the State of Texas, except as otherwise provided by law.

• Engage in any form of sexual harassment or racial harassment as defined in the Administrative Policies and Procedures Manual.

TRAVEL EXPENSES AND ALLOWANCES

An LSC-O employee or prospective employee traveling overnight on Lamar State College-Orange business is entitled to reimbursement of legitimate expenses as adopted and published in the Lamar State College-Orange Travel Procedures Manual.

To qualify for travel reimbursements the purpose of a trip must be “State business" or "official business" of the College.  State or official business is the accomplishment of a governmental function directly entrusted to Lamar State College-Orange, including the reasonably necessary means and methods to accomplish that function.

CONFLICTS OF INTEREST

Ethics Commission Financial Disclosure Statements

The President shall file a financial statement with the Texas Ethics Commission not later than April 30 each year in which the President has served in such capacity for any portion of the immediately preceding twelve (12) months on forms prescribed by the commission.

Contracts Prohibited

Except as provided below, neither the Texas State University System nor Lamar State College - Orange may enter into a contract in which a Regent or the Regent's spouse has a direct or indirect pecuniary interest.

Benefits, Gifts and Honoria

A "benefit" is anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare an employee has a direct and substantial interest.

Bribery

An employee shall not solicit, offer, or accept any benefit in exchange for his or her decision, opinion, recommendation, vote, or other exercise of official power or discretion.

Prohibited Benefits

An employee shall not solicit, accept, or agree to accept any benefit from any person the employee knows is interested in or is likely to become interested in any contract, purchase, payment, claim, or transaction involving the employee's discretion.  This prohibition does not apply to (1) gifts or other benefits conferred on account of kinship or a personal, professional, or business relationship independent of an employee's status, respectively, as an employee; (2) a fee prescribed by law to be received by an employee or any other benefit to which he or she is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as an employee of Lamar State College-Orange; (3) a gift, award, or memento that is received from a lobbyist who is required to make reports under Chapter 305 of the Government Code; and, (4) items having a value of less than $50, not including cash or negotiable instruments.  An employee who receives an unsolicited benefit that he or she is prohibited from accepting by law may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for education, religious, or scientific purposes.

Food, Lodging, Transportation, and Entertainment Received as a Guest

An employee may accept food, lodging, transportation, or entertainment from persons or entities he or she knows or reasonably should know are interested in or likely to become interested in a contract, purchase, payment, claim, decision, or transaction involving the exercise of the Board's discretion only if the employee is a "guest" as defined by Texas law.  An employee is a "guest" if the person or a representative of the entity providing the food, lodging, transportation, or entertainment is present at the time the food, lodging, transportation, or entertainment is received or enjoyed by the employee.  The President is required to report any such benefits valued at over $250 on his annual disclosure statements filed with the Texas Ethics Commission.

Gifts or Benefits from Friends, Relatives, and Associates 

Employees may accept gifts or benefits from personal friends, relatives, or business associates with whom they have a relationship independent of their official status, so long as the benefit is not offered in exchange for official action or decision.

Awards

Employees may accept plaques and similar recognition awards.

Honoraria

Employees may not solicit, accept, or agree to accept an honorarium in consideration for services they would not have been asked to provide but for their official position or duties.  This prohibition includes a request for or acceptance of a payment made to a third party if made in exchange for such services.  However, they may accept the direct provision of or reimbursement for expenses for transportation and lodging incurred in connection with a speaking engagement at a conference or similar event, provided the employee's participation is more than merely perfunctory.  Meals provided as a part of the event or reimbursement for actual expenses for meals may also be accepted.  Texas Government Code, Ann., 572.001

POLITICAL ACTIVITIES

Entertainment

If an employee provides tickets to a public official to allow the official and/or his guests to attend an event, an officer or employee of the System or Lamar State College-Orange will serve as host to the official, and must attend the event.

Perishable Food Items

Employees may provide public officials with small, infrequent gifts of perishable food items delivered to their offices. These are not considered to be "benefits" for purposes of the provisions of the Penal Code prohibiting such.

Expenses for Public Officials

Lamar State College-Orange may pay expenses in order to furnish   information to State officials relevant to their official position, including presentations about the programs and services of the Texas State University System and its component institutions.

Use of Official Authority Prohibited

Lamar State College-Orange employees may not use his or her official authority or influence, or permit the use of a program administered by the System to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose.  No Lamar State College-Orange employee may do any act or attempt to interfere with anyone who seeks to pay, lend, or contribute private funds or private property to a person or political organization for political purposes.  Any employee who violates either of these provisions is subject to immediate termination of employment in accordance with the Texas Government Code.

Use of System Funds or Property

No Lamar State College-Orange employee shall expend or authorize the expenditure of any System or Lamar State College-Orange funds for the purpose of influencing the outcome of any election, or the passage or defeat of any legislative measure.  No System or Lamar State College-Orange funds may be expended for the payment of full or partial salary of any employee who is also the paid lobbyist of any individual, firm, association, or corporation.   System and Lamar State College-Orange facilities may be used as polling places for local, state, and national elections.

Voting and Political Participation

As employees of the State of Texas, Lamar State College-Orange    employees have the rights of freedom of association and political    participation guaranteed by the state and federal constitutions, except as limited by valid state laws.  Lamar State College-Orange employees shall be allowed sufficient time off to vote in public elections without a deduction from pay or from accrued leave time.

Political Campaign Events on System Property

The Chief Executive Officer of Lamar State College-Orange shall be responsible for promulgating rules for the regulation of political campaign meetings or speeches and other activities relating to political campaigns on property under their control.  Such regulations shall be implemented by the Chancellor after approval by the Board of Regents.

Employees as Candidates and Officeholders

Lamar State College-Orange employees may run for election and serve as members of the governing bodies of school districts, cities, towns, or other local governmental districts.  No campaign activities may be conducted during official business hours unless the employee has requested and received permission to use leave time for such purpose.  Any employee elected to such a position may not receive any salary for serving as a member of such governing body.

Political Contributions for Employees

Lamar State College-Orange employees may make personal contributions to candidates for office and political organizations, with the exception that no State employee may contribute personal services, money, or goods of value to a candidate campaigning for speaker of the Texas House of Representatives.

(General Appropriations Act, Article IX, Section 4.05, 79th Legislature)

DUAL OFFICE HOLDING

Non-elective State or Federal Office

Lamar State College-Orange employees may hold non-elective offices with boards, commissions, and other state and federal entities provided that the holding of such office: (1) is of benefit to the State of Texas, or is required by state or federal law, and (2) is not in conflict with the employee's position.  Such appointments must be approved by the President.  Prior to the President's accepting an invitation to serve in an additional non-elective office, the Board of Regents must determine that the appointment meets the two requirements stated above.  The Board must also make an official record of any compensation to be received by the President from such appointment, including salary, bonus, per diem or other types of compensation. (Refer also to Policy 5.0 – Ethics, Section 1.6, Conflict of Commitment)

Positions of Employment with Government Agencies

Lamar State College-Orange employees may hold other positions of employment with agencies, boards, commissions, or other entities of government so long as the holding of such positions is consistent with the prohibitions against dual office holding in the Texas Constitution.  Special rules for multiple employments with the State are provided in Article IX, Sec. 9, of the General Appropriations Act.  The person seeking   dual employment must be informed of the special rules before that person becomes employed by more than one agency or institution.  Consulting arrangements with federal, state, or local governmental agencies of a detached and independent advisory nature are not considered to be appointments with such agencies. (Refer also to Policy 5.0 – Ethics, Section 1.6, Conflict of Commitment)

This policy is to specifically address fraudulent acts. Fraudulent activity of any kind, including for the benefit of the College, is expressly forbidden.  This policy establishes the procedures and responsibilities for reporting and resolving instances of known or suspected fraudulent acts.

DEFINITION

Fraud is an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right.  A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury.  Any kind of artifice employed by one person to deceive another.  (Black’s Law Dictionary)

BROADENED DEFINITION

For purposes of this policy, the definition has been broadened to include:

1. an intentional or deliberate act;
2. depriving the College or a person of something of value or gaining an unfair benefit; and
3. using deception, false suggestions, suppression of truth, or other unfair means which are believed and relied upon.

FURTHER DEFINITION

A fraudulent act may be an illegal, unethical, improper, or  dishonest act including, but not limited to:

1. embezzlement;
2. misappropriation, misapplication, destruction, removal, or concealment of property;
3. alteration or falsification of documents;
4. false claims by students, employees, vendors, or others associated with the College;
5. theft of any asset including, but not limited to, money, tangible property, trade secrets, or intellectual property;
6. inappropriate use of computers, including hacking and software piracy;
7. bribery, rebate, or kickback;
8. conflict of interest; or misrepresentation of facts.           

DETERMINATION           

While a fraudulent act may have criminal and/or evil law consequences, the College is not required to use a determination by a criminal justice authority to criminally prosecute as the basis for determining whether an act is fraudulent.  It is the internal determination that the above criteria are present that defines an act as fraudulent under this policy.           

DUTIES AND RESPONSIBILITIES           

Generally, employees, students, and other persons associated with the College (collectively, members of the campus community) abide by laws, rules regulations, and policies; however, incidents of fraud may occur. Administrators at all levels of management are accountable for setting the appropriate tone of intolerance for fraudulent acts by displaying the proper attitude toward complying with laws, rules, regulations, and policies, including ethics policies.  In addition, administrators should be cognizant of the risks and exposures inherent in their area of responsibility, and should establish and maintain proper internal controls which will provide for the security and accountability of the resources entrusted to them. Any member of the campus community who has a reasonable basis for believing a fraudulent act has occurred has a responsibility to promptly notify one of the following:

1. his or her supervisor;
2. the appropriate administrator;
3. Internal Audit

Employees who, in good faith, report unlawful activity are protected by the Texas Whistleblower Act against any retaliation by the College for making such a report.  The reporting member of the campus community shall refrain from confrontation of the suspect, further examination of the incident, or further discussion of the incident with anyone other than the employee’s supervisor or others involved in the resulting review or investigation.  Persons found to be making frivolous claims under this policy will be disciplined, up to an including termination of employment or expulsion from the College.           

INVESTIGATION           

Supervisors and administrators at all levels of management who become aware of suspected fraudulent activity are to respond in a consistent and appropriate manner and shall report the suspected  activity to the Office of Audits and Compliance.  With the concurrence of the Director of Audits and Compliance, the supervisor or administrator may treat the incident as an  administrative issue and have a qualified individual or individuals perform an objective review as considered necessary.  The Office of Audits and Compliance has the primary obligation for investigating reported incidents to the extent considered necessary for resolution. The Office of Audits and Compliance may contact other college departments to establish the necessary team to proceed with the review or investigation.  The investigative team will attempt to keep source information as confidential as possible.  In those instances where the investigation indicates criminal activity, the investigation shall be turned over to the appropriate law enforcement agency. All affected departments and/or individuals shall cooperate fully with those performing a review or investigation, including the Office of Audits and Compliance, law enforcement officials, regulators, and any other parties involved.  During all aspects of the review or investigation, the Constitutional rights of all persons will be observed. Suspects and others involved in the review shall be treated consistently without regard to past performance, position held, length of service, race, color, religion, sex, age, disability, national origin, or veteran status.           

DISCIPLINARY ACTIONS           

Employees found to have participated in fraudulent acts as defined by the policy will be subject to disciplinary action, up to and including termination, pursuant to personnel policies and rules. Additionally, employees suspected of perpetrating fraudulent acts may be placed on paid administrative leave during the course of   the investigation.  In those cases where disciplinary action is warranted, the Human Resources Office, Office of General Counsel, or other appropriate office shall be consulted prior to taking  such actions.  Criminal or civil actions may be taken against  employees who participate in unlawful acts. The employment of any employee involved in the perpetration of a fraud will ordinarily be terminated without eligibility for rehire.  Actions to be taken will be determined without regard to past performance, position held, length of service, race, color, religion, sex, age, disability, national origin, or veteran status. Students found to have participated in fraudulent acts as defined by this policy will be subject to disciplinary action pursuant to operating manuals.  In those cases where disciplinary action is warranted, the Academic Dean, Office of Student Services, Office of General Counsel, or other appropriate office shall be consulted  prior to taking such actions.  Additionally, criminal or civil  actions may be taken against students who participate in unlawful  acts. The relationship of other individuals or entities associated with the College found to have participated in fraudulent acts as defined by this policy will be subject to review, with possible consequences including termination of the relationship.  In those cases where action is warranted, the Office of General Counsel or other appropriate office shall be consulted prior to taking such actions.  Additionally, criminal or civil actions may be taken against individuals or entities associated with the College who participate in unlawful acts.           

REPORTING           

The results of investigations conducted by the Office of Audits and Compliance shall be communicated, either orally or in writing, as determined by the Director of Audits and Compliance to the Board and Chancellor, or other appropriate administrator.                       

TRAINING      

The System Administrative Office shall conduct, in even numbered years, training sessions for the personnel of each component institution responsible for ethics training in the various departments of such institutions. These training sessions will provide the trainees with the methods, policies and materials necessary to allow them to train each employee within their supervision or responsibility.  Each component  institution is responsible for training each employee each biennium.  The President will notify the Chancellor upon completion of the ethics training each biennium.

STAFF PERFORMANCE RATINGS

This section covers the procedures for the administration of a system for the evaluation of the performance of staff personnel holding positions at Lamar State College-Orange.

SCOPE AND PURPOSE

Any type of employee performance evaluation is merely a tool of management and not an end in itself.  Ratings can be a positive means in assisting staff personnel in improving job performance.  A rating system further affords management an opportunity to make known to staff personnel the objectives and goals of the department and of the College and what is expected of the employee toward attainment of the objectives and goals.  Staff personnel cannot be expected to meet performance standards that have not been clearly defined and explained as a part of the requirements of his/her position.  Documentation should be on file to substantiate an individual’s performance and compliance with policies, procedures, and rules.

The employee performance evaluation should be conducted on a periodic basis and should not reflect personal prejudice, bias, or favoritism on the part of those conducting the ratings or reviews.  The results of such evaluation procedure should be used to assist management in the decision making process of the following:

1. Determining staff personnel deserving of merit pay increases.
2. Identifying staff personnel for promotion.
3. Informing staff personnel of deficiencies, training needs, and improvements expected.
4. Justification for disciplinary actions.

Nothing in this section or in Lamar State College-Orange’s employee performance evaluation policy or process shall be interpreted as invalidating or compromising Lamar State College-Orange’s right to terminate any employee at will (with or without cause, with or without a statement of reasons.)

APPLICATION OF POLICY

These rules and procedures are applicable to all departments and divisions of the College not specifically exempted from these rules and regulations and to staff personnel for evaluation and rating techniques and for deficiency reviews.

The Human Resources Office is authorized to prepare and submit to all departments suggested guidelines and forms for developing performance evaluation systems.

REQUIRED PROCEDURES

The Human Resources Office shall establish a system of employee performance evaluation that reflects an impartial rating of an employee's performance and his/her potential for further advancement.

Each department's employee performance evaluation system shall produce overall ratings of five (5) levels as follows:

1. Needs Significant Improvement
2. Needs Some Improvement
3. Average
4. Above Average
5. Exceptional

Each staff employee shall be rated by his/her immediate supervisor whenever possible, and all ratings must be reviewed and approved by a higher-level supervisor than the one who prepared the rating.  The higher-level supervisor will be responsible for reviewing performance evaluations for EEO compliance. It is suggested that, in all cases, the immediate supervisor doing the rating must be familiar with the performance of the staff employee during a major portion of the rating period. 

All staff personnel other than temporary appointees shall be given performance ratings prior to completion of six (6) months of service following a new appointment or promotion and at least annually thereafter.  Special ratings for the purpose of recognizing performance other than satisfactory may be made at any time.

It is necessary for the immediate supervisor to discuss the rating with the employee in all cases.  Where the employee receives the rating of "Needs Significant Improvement," the supervisor shall work with the employee in an attempt to assist the employee in improving his/her performance.  Such employee should be re-evaluated within sixty (60) calendar days and a new rating should be given at that time.

EVALUATION AND RATING TECHNIQUES

The Human Resources Office will hold an annual orientation session for all supervisors to train them in the techniques of a uniform and effective employee performance evaluation program.  These training sessions should include presentations and discussions of such subjects as listed below:

1. Detailed explanation of the department's employee performance evaluation and rating system;
2. Instructions as to what the administration expects in the way of performance standards and the requirements for disseminating this information to all staff personnel;
3. The requirements for maintaining an effective and uniform evaluation program within and among all units of the department and the desirability of the same;
4. To caution supervisory personnel who will be reviewing and evaluating the performance of subordinate employees against pitfalls of committing common rating errors such as:

a.    Central Tendency--rating all staff personnel as average;

b.    Halo Effect--allowing one aspect of a staff employee's performance to influence the entire evaluation;

c.    Overvaluation or Undervaluation--the tendency of a rater to overvalue or undervalue a given factor; and

d.    Miscellaneous Biases--race, sex, nationality, religion, personality conflicts, etc.

 

Rating factors are the criteria by which staff personnel are evaluated.  Some of the common rating factors and their descriptions are listed below; however, there are other factors that could be considered.

1. Quality of Work - degree of accuracy, completeness, and acceptable standards.  Productivity - the use of available working time, prioritization of work, setting and meeting goals, meeting deadlines, and limiting personal calls and visits.
2. Customer Service - respect and courtesy shown, working effectively with co-workers, students and the public, and demonstrating an understanding of work on other departments.
3. Attendance and Punctuality - requests leave in advance, notifies in case of illness, arrives for work and leaves on time, observes time limits on breaks, and remains on the job after arrival.
4. Knowledge - familiarity with duties, methods, practices, equipment, College/State policies and procedures.
5. Communication - accurately conveys information verbally and in writing, listens attentively, and understands both oral and written instructions.
6. Adaptability - learns quickly, adjusts to changes in assignments, personnel, surroundings, and procedures and accepts criticism in a constructive manner.
7. Dependability - follows through on assignments, shows commitment to meeting goals, and willing to take on and be held accountable for responsibilities.
8. Initiative/Resourcefulness - sees things to be done and takes action, contributes new ideas or methods, anticipates needs and proposes solutions, and requires minimal supervision.
9. Judgment - evaluates the situation and makes sound decisions, uses reasoning to identify, solve, and prevent problems, and works in a safe manner.        

CORRECTIVE REVIEW

In the event that a situation arises where a staff employee is rated "Needs Improvement" and a serious problem exists concerning the employee's performance and/or behavior, the employee will be required to meet with the immediate supervisor for a corrective review concerning the problem.  Documentation must be on file to substantiate the individual’s performance and compliance with policies, procedures, and rules. 

This type of review should not be used for unimportant offenses since minor matters should be reviewed in the supervisor's daily contact with the employee.  Nor does this review apply where a dismissal is made under cause for immediate dismissal ( i.e., theft, drinking, fighting, immoral acts, insubordination, etc.).

The review must be constructive, giving the employee every reasonable opportunity to correct the situation.

The employee, at this time, will be informed of the indicated problem area concerning his/her job performance and will be instructed by the supervisor concerning corrective measures to be taken.

The review will be reduced to writing and will include a description of the problem(s) and suggestions for correcting the situation.  The review will then be signed by the supervisor and the employee and will be made part of the personnel record.

If additional meetings are required to resolve the same situation, the employee may be placed on probation, as determined by the department head with the approval of the appropriate Dean or Vice President.  The employee is advised of the probationary period, the cause of such probation, the corrective procedures, and that this will be a part of his/her personnel record.

At the end of the probation period, the employee and supervisor will review the progress made.  When sufficient improvement is noted, the probation can be removed at the discretion of the supervisor.  The conclusions will be written for the personnel record on a specific memorandum.  If the employee fails to respond satisfactorily to the conditions of probation, this will be cause for dismissal, except that nothing herein shall be construed in derogation of the Texas State University System’s employment at will policy.

FACULTY PERFORMANCE RATINGS

Annual Performance Evaluations

Faculty members are evaluated annually by their Division Chairs relating to various professional duties and activities including classroom instruction, participation in department and College affairs, professional development and service, and community service.  The Annual Faculty Report may be used for faculty self evaluation, and may be used by the Division Chair and Vice President for Academic Affairs to support recommendations concerning promotion, tenure, and salary administration.  Documentation should be on file to substantiate an individual’s performance and compliance with policies, procedures, and rules. Faculty members receive a copy of this evaluation report after the Division Chair and Vice President have completed their reviews and have the right to request a conference concerning departmental evaluations and to appeal such evaluations.

The Vice President for Academic Affairs shall be responsible for reviewing performance evaluations for EEO compliance.

Divisions are encouraged to use student evaluations of faculty as an aid to the faculty in improving instruction.  Such evaluations, however, are not a part of consideration for promotion or tenure.

Post Tenure Review

Lamar State College-Orange shall develop and publish in the Faculty Handbook post tenure policies and procedures to determine whether a tenured faculty member is performing consistently at an acceptable professional level as well as a mechanism whereby a faculty member is informed of any deficiencies and provided opportunity to improve his or her performance.  Such policies and procedures shall be consistent with Texas State University System tenure policies and Senate Bill 149 (Seventy-fifth Legislature, 1997) and shall accord faculty members fundamental due process and a right to appeal in accordance with existing College and Board policies.

DISCIPLINARY ACTIONS FOR STAFF

SCOPE AND PURPOSE

In order to establish a sound system of Personnel Administration for Lamar State College-Orange, it is necessary that:

1. Administrative and supervisory personnel have the responsibility and authority to resolve employee problems as they arise;
2. Similar offenses by staff personnel are handled in a uniform manner in all departments and administrative subdivisions of the College; and
3. Staff personnel have a sense of security in their employment with the knowledge that capricious and arbitrary disciplinary action will not be taken against them.

The rules and procedures established in this section apply to all staff personnel covered by these rules and regulations.

APPLICATION OF POLICY

This section includes the rules and procedures applicable to the staff personnel of the College in regard to disciplinary actions, grievance procedures, appeals, and reviews.

Each dean, department head, director, or other administrative head of the subdivisions of the College shall insure that all staff personnel covered by these rules are made aware of the provisions of these rules and shall inform all staff personnel under his/her administrative jurisdiction that they have the right to express their grievances or submit an appeal without fear or coercion, discrimination, or reprisal by any subordinate, administrator, or supervisor.

The Vice Presidents must consult with the President prior to the dismissal of an employee.  Only the President has the authority to discharge an employee.

DISCIPLINARY ACTION

In order that each supervisor and staff employee can be able to perform his/her respective duties efficiently and effectively, it is necessary that departmental administrators establish clearly defined departmental objectives, work performance standards, standards of conduct, and other departmental policies which are applicable in given work situations.

To maintain established standards and to insure that all staff personnel adhere to reasonable rules of conduct, it is necessary that each department establish rules and procedures which will insure timely and equitable disposition of actions determined to be necessary in dealing effectively with employee deficiencies or breach of good conduct.

Disciplinary actions may range from an oral reprimand to discharge of employment.  The Human Resources Office shall review all disciplinary actions to insure that all supervisors are reasonably consistent in disciplinary actions taken against staff employees.  Documentation (performance evaluations, counseling, etc.) must be provided for the employee’s actions that resulted in the disciplinary actions.

TERMINATIONS OF FACULTY AND STAFF

DISMISSALS

The Board of Regents or the President may suspend without prior notice or hearing and immediately remove from the campus any employee whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the College.  The President shall as soon as possible notify the Vice Chancellor and General Counsel of such action.  In such cases, the President will set a hearing before the appropriate administrator or committee on the employee’s case as soon thereafter as is practicable unless otherwise waived by the employee.

Employees, including both faculty and staff, shall be subject to discipline and/or dismissal for violating campus policy relating to electronic network facilities such as local area networks and the Internet.  Nothing herein shall be construed in derogation of the System’s employment-at-will policy.

Any employee, including any member of the administration or faculty, who, acting either singly or in concert with others, obstructs or disrupts, by force or violence, any teaching, research, administrative, disciplinary, public service, or other activity authorized to be held or conducted on the campus, shall be subject to dismissal as an employee.  As used in this sub-section, the words “force or violence” include but are not limited to such acts as “stand-ins,” “sit-ins,” and “lie-ins” when such acts are in fact obstructive or disruptive of any of the authorized activities listed above.

Every employee is expected to obey all federal, State, and local laws, particularly Tex. Penal Code Ann. Sec. 42.01 and 42.05 (Disorderly Conduct and Disrupting Meeting or Procession) and Tex. Educ. Code Ann. Sec. 4.30 and 4.31 (Disruptive Activities and Exhibition of Firearms).  Any employee who violates any provisions of these four statutes is subject to dismissal as an employee notwithstanding any action by civil authorities on account of the violation.

The minimum standards of individual conduct required by the penal statutes of Texas or the United States are both expected and required of every employee of Lamar State College-Orange.  Any employee who violates the minimum standards of conduct required by any penal statute of Texas or the United States is subject to dismissal as an employee regardless of whether any action is taken against the employee by civil authorities on account of such violation.

If action for dismissal of an employee is taken, the appropriate administrative officer shall proceed with the action in the same manner as would be the case of a violation by an employee of any other provision of the Administrative Policies and Procedures Manual.

Terminated employees may not use campus facilities such as the computer labs, gymnasium, or library.  Security personnel will take immediate action to remove terminated employees without authorization to use campus facilities.  Students who have been terminated as an employee may continue to use facilities as required for the course(s) in which they are currently enrolled.

It is the responsibility of each department to notify the Human Resources Office as soon as possible when an employee terminates for any reason.  The department should submit an F3.2 through normal channels along with any appropriate documentation such as letters of resignation or termination.

RESIGNATIONS

FACULTY

A faculty member should not resign later than May 15th or (30) thirty days after receiving notification of the terms of continued employment for the following year, whichever date occurs later.  

STAFF

A staff member is normally expected to give two weeks advance notice of resignation from employment.  Notice should be in writing and should contain the reasons for resignation.

Any employee who is absent from work without authorized leave for three (3) consecutive workdays shall be deemed to have abandoned his/her position and to have voluntarily resigned from employment.  Should an employee seek to return to work after such unauthorized leave, the employee must provide satisfactory proof that the failure to request authorized leave was justifiable and excusable.  An employee providing such satisfactory proof may be returned to their original position at the discretion of management.  Other disciplinary action is optional.

TERMINATIONS OF FACULTY

Termination by the College of the employment of a tenured faculty member and all other faculty members before the expiration of the stated period of their appointment, except by resignation or retirement, will be only for good cause shown.  Good cause includes but is not limited to the following:

1. Failure to work efficiently or effectively;
2. Insubordination;
3. Serious professional or personal misconduct, examples of which are:
   • Commission of a misdemeanor involving moral turpitude, or a felony;
   • Willful destruction of campus property or violent disruption of the orderly operation of the campus;
   • Violation of the System’s ethics code, including acceptance or solicitation of gifts that might tend to influence the discharge of one’s professional responsibilities;
   • Stealing and publishing as one’s own the ideas or words of another;
   • Misuse or misappropriation of State property, resources, funds, including funds held by a faculty member as part of official duties;
   • Sexual harassment as defined by Section 8 or Chapter VII of the Texas State University System Rules and Regulations;
   • Racial harassment as defined by Section 7 of Chapter VII of the Texas State University System Rules and Regulations
4. Professional incompetence and/or neglect of professional duties;
5. Mental or physical disablement of a continuing nature adversely affecting to a material and substantial degree the performance of duties or the meeting of responsibilities to the institution, or to students and associates;
6. Illegal use of drugs, narcotics, or controlled substances.  A faculty member who, by a preponderance of the evidence, under the Texas State University System Rules and Regulations, to have illegally possessed, used, sold, or distributed any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to termination, suspension or other discipline as determined by the President or his designee.  That an employee is charged in a criminal case, or is found “not guilty” therein, shall not be construed as prohibiting enforcement of these rules.  If, in the judgment of the President or the Board, the best interests of the students or University or the System so dictate, the employee may be immediately removed from contact with students and other employees, pending resolution of disciplinary proceedings.
7. Intentionally or knowingly violating any Board or administrative order, rule, or regulation.  The employee is presumed to have knowledge if such Board or administrative order, rule, or regulation is published in the Texas State University System Rules and Regulations or is a published policy of the College.

Suspension

An employee who is suspended or discharged from a particular duty or job may be suspended or discharged from all other duties or jobs in the College for the same or other good cause.

In each case the issue will be determined by an equitable procedure, affording protection to the rights of the individual and to the interests of the system.

The President may, for good cause, suspend an accused faculty member pending immediate investigation or speedy hearing as hereinafter provided when the continuing presence of the faculty member poses a danger to persons or property or an ongoing threat of disrupting the academic process.  The President shall, as soon as possible, notify the Vice Chancellor and General Counsel of any such actions.

In cases of good cause where the faculty member admits the facts, summary dismissal may follow.

Hearing Tribunal

In all cases where the facts are in dispute, the accused faculty member will be informed in writing of the charges which, on reasonable notice, will be heard by a special hearing tribunal whose membership, including its chair, shall be appointed by the President from members of the faculty whose academic rank is equal to, or higher than, that of the accused faculty member.

1. The hearing tribunal shall not include any accuser of the faculty member.  The faculty member may challenge the alleged lack of fairness or objectivity of any tribunal member, provided such challenge is made prior to the submission of any evidence to the tribunal.  The faculty member shall have no right to disqualify such member from serving on the tribunal.  Each such challenged member shall determine whether he or she can serve with fairness and objectivity in the matter.  In the event the challenged member chooses not to serve, the President shall appoint a substitute.
2. The faculty member shall have a right to attend the hearing; confront and cross-examine adverse witnesses; present relevant evidence on his or her own behalf; testify or choose not to testify; and, be assisted or represented by counsel.  The hearing shall be closed unless the faculty member requests that it be open to the public.
3. The College, through a representative and/or through counsel, shall have the right to attend proceedings; present witnesses and evidence against the faculty member; and, cross-examine the faculty member (if the faculty member testifies) and his or her witnesses.
4. The hearing tribunal, by a majority of the total membership, shall make written findings on the material facts and a recommendation of the continuance or termination of the faculty member’s tenure as well as any supplementary suggestions it may have concerning the case.  The original of such findings, the recommendation, any supplementary suggestions, and the record of the hearing shall be delivered to the President and a copy thereof sent to the faculty member.  Any minority findings, recommendations, or suggestions shall be distributed in the same manner.
5. A stenographic or electronic record of the proceedings will be taken and filed with the President, and such record shall be made accessible to the faculty member.

The President shall review the record, plus any additional written briefs that the parties wish to submit, and render a decision, stating his or her reasons therefore in writing and communicating the same to the faculty member.  The President may recommit the matter to the same tribunal to hear additional evidence and/or to reconsider its findings, recommendations, or suggestions, if any.  The original findings, recommendations, and suggestions of the hearing tribunal, a transcript of the hearing, any briefs submitted, and the decision, recommendations, findings, and suggestions of the President shall be delivered to the Board.

Upon written request by the faculty member, received in the Board’s Austin office within thirty (30) calendar days of the faculty member’s receipt of the President’s decision, the Board shall review the record before it.  Such request should specifically address any defects in procedure or substance which require reversal of the President’s decision.  The President may submit a written response to the request for review.  By a majority of the total membership, the Board may approve, reject, or amend any decision, findings, recommendations, and suggestions before it, or recommit the matter to the President for reconsideration or the hearing of additional evidence.  The Board shall notify the faculty member in writing of the reasons for its decision.

The Board may remove any member of the faculty when, in its judgment, the interest of the System requires the removal, subject to the Texas State University System Rules and Regulations and the Lamar State College-Orange Faculty Handbook.

Termination of Faculty Employment Under Special Circumstances

If, in the judgment and discretion of the Board, reductions in legislative appropriations for faculty salaries; governmentally mandated reductions in faculty positions; significant loss of enrollment; consolidation of departments or other reorganization; dropping of courses, programs, or activities for educational or financial reasons; or financial exigency make such action advisable, the employment of a faculty member who has been granted tenure or of any other faculty member before the expiration of the stated period of his or her employment, may be terminated in accordance with the provisions of this section.

A faculty member whose employment will be recommended for termination shall be given:

1. A statement of the basis for the decision to terminate the faculty member’s employment, together with a description of the manner in which the recommendation of termination was made;
2. Access to the information and data upon which the recommendation was based; and
3. An opportunity to respond consistent with the requirements of due process.

In cases involving the termination of faculty employment under the provisions of this section, the guidelines to be used to identify faculty members in a designated program whose employment will be recommended for termination shall include the following:

1. Whenever possible, faculty reduction will be accomplished through attrition.
2. Within a designated program, the termination of the employment of a faculty member with tenure may not be recommended in favor of retaining a faculty member without tenure unless:

• The removal of a non-tenured faculty member would eliminate an essential part of a program or render a program dysfunctional; or
• The removal of a non-tenured faculty member who is deemed to be of equal or greater merit than a tenured faculty member would jeopardize the advances achieved by the University under its diversity program.

A faculty member recommended for termination under the provisions of Section 4.82 should be given the opportunity for appointment in a related area provided: (a) the faculty member is qualified professionally to teach in such area or is willing to undergo the appropriate professional retraining that will qualify him or her to do so; and (b) a position is available.

A faculty member whose position has been terminated will be given first consideration for rehiring, should the position be re-established within a three-year period.

The President shall develop and publish in the Faculty Handbook the institutional policy regarding termination of employment under Section 4.82 of the Rules and Regulations, subject to review and approval of the Board.

TERMINATIONS OF STAFF

The President of Lamar State College-Orange shall have the authority to terminate at any time the employment of any classified staff employee and any other non-faculty personnel with the exception of administrative officers subject to the review of the Board of Regents

The Board or the President may remove an administrative officer when in the judgment of the Board or the President the interest of the System or the College requires removal.  An administrative officer shall not have a right to a hearing unless the officer presents factual allegations that the decision to terminate constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States and requests an administrative hearing to review the allegations.  The administrative officer shall be afforded an opportunity to present allegations before a hearing committee consisting of three impartial administrative officers of the College appointed by the President.  Such allegations shall be heard under the same procedures as in the case of dismissal of faculty for cause, with the following exceptions:

1. The burden of proof is upon the affected administrative officer to establish at such hearing that the decision in question constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States.
2. The President of the College need not state the reasons for the questioned decision nor offer evidence in support thereof unless the affected administrative officer presents a prima facie case in support of such allegations.  In such case, the hearing committee shall determine whether the President has no other reason for his decision.
3. The hearing committee will make written findings on the material facts and a recommendation, which findings and recommendation shall be forwarded to the President and to the affected administrative officer.  The administrative officer may appeal to the President and ultimately to the Board of Regents in accordance with the terms and procedures as in the case of dismissal of faculty for cause.

If the administrative officer has tenure at the College by virtue of holding a past faculty position or otherwise, termination as a member of the tenured faculty shall be only for good cause shown, and the official shall be given a hearing if terminated from tenured faculty status.

Before an employee is terminated, department heads should contact the Human Resources Office to insure that proper procedures are followed.  Disciplinary terminations are expected to follow the guidelines set forth in this manual.

Employees may be terminated without notice within the confines of other policies established in the Administrative Policies and Procedures Manual.

Layoffs

Should layoffs become necessary, department heads should consider all pertinent job related factors in determining which personnel will be laid off.  Factors to be considered might be the importance of tasks performed, quality of past work, length of service, etc.

Should all factors be equal, the staff employee with the least amount of state service shall be laid off first, and any additional layoffs shall be made in ascending order of service.

Whenever possible, department heads shall give thirty (30) days notice of layoffs.  In any case, as much advance notice as possible should be given.

Whenever practical, persons on layoff status will be recalled prior to hiring any new personnel.

EXIT INTERVIEWS

It is important that an exit interview be conducted with any benefits-eligible separating employee by the Human Resources Office to discuss the following:  

Vacation Pay

Any benefits-eligible staff member who has six (6) months continuous employment with the State is entitled to be paid for accrued vacation time. 

An employee who resigns, is dismissed, or otherwise separates from state employment is entitled to be paid for accrued and unused vacation time, as long as the employee has had continuous employment for at least six months.  Institutions of higher education are allowed to immediately pay for accrued vacation leave upon separation.  Separation from state employment includes, but is not limited to, a state employee leaving one state agency to begin working at another state agency, provided at least one workday occurs between the employee’s separation from the first state agency and the employee’s first day at work at the second state agency.

Employees transferring to another state agency will have their accrued but unused vacation leave balance transferred.

An employee terminating state employment may, with the agreement of the employing agency, be allowed to remain on the payroll after the last day worked to utilize vacation leave in lieu of being paid in a lump sum.  The employee will not accrue any additional vacation leave while remaining on the payroll to utilize such vacation leave.  The employee shall continue to receive all compensation and benefits that the employee was receiving on the last day of duty including paid holidays, longevity, and/or hazardous duty pay.

Lump sum payments for accrued vacation are computed as though the employee actually worked that time for the agency.  Employees receiving lump sum payments are not entitled to receive longevity and/or hazardous duty pay for the period equal to the accrued vacation time.  However, employees are entitled to have hours added for holidays occurring within the time period using the same calculations.

An employee transferring between two non-vacation-accruing positions in different state agencies where the receiving agency cannot or will not credit the employee for any existing vacation balance may be paid.  When an employee terminates employment while holding a non-vacation-accruing position, any vacation payout will be calculated using the employee’s final pay in the last vacation-accruing position held.  When an employee is paid for accrued vacation because he/she moves to a non-accruing position, the calculation of the payment will not include any holidays that would fall within the period covered by the vacation time.

Comp Time Pay

Non-exempt employees are entitled to be paid a lump sum payment for any accrued FLSA Compensatory time.

Non-exempt employees are not entitled to be paid for any accrued State Compensatory time.

Insurance

Insurance coverage ends on the last day of the month in which employment ends.  Health and dental coverage may be continued for any participating employee and/or dependents for up to 18 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA).  To continue coverage, the employee must return the COBRA Election form within 60 days of the “Date of the Event.”

Catastrophic Sick Leave Pool

Separating employees are encouraged to contribute accrued sick leave to the Catastrophic Sick Leave Pool. Contributions of sick leave must be in increments of eight hours with the exception of a retiring state employee who may contribute accrued sick leave in increments of less than eight hours.

Retirement Plan Options

Employees in the Teacher Retirement System may elect to leave their money in place where it will continue to draw interest or request a refund.  Employees requesting a refund may elect to receive the account balance less 20% for income tax or place the balance in an eligible retirement plan.  The employee should take into consideration total years of service as well as vesting status.  Contact TRS for counseling.

When an employee terminates who is a participant in the Optional Retirement Program, the employee may elect to surrender the ORP account if further employment with a State-supported institution of higher education is not contemplated.  For a vested individual (one year plus one day of participation), the entire benefit provided by the contract are the sole non-forfeitable possession of the individual.  If the individual has not met the vesting requirements, the carrier must return the state contribution to Lamar with the balance of the annuity value returnable to the individual.

Final Paycheck

The final paycheck may be picked up (or direct deposited) on the next regular payday following termination.    

Travel Refunds

Departing employees are advised to check with the Business Office to determine the status of outstanding travel reimbursements.  If necessary, a forwarding address should be provided the Business Office responsible for distribution of reimbursements.  

Specialized Training Reimbursement

An employee receiving specialized training (in excess of $500) will be required to sign an agreement to reimburse the College for all costs of the training if the employee resigns within six months of the date of specialized training.  Agreement forms are available from departmental secretaries.

The employee must also acknowledge materials obtained during the specialized training are the property of the College and agree to return materials when terminating. 

Sign Out Procedures

Documents to be Returned to Human Resources

• I.D. Card
• Medical Insurance Card
• Credit Card
• Parking Permit
• Office Keys
• Security System Keys

To be received by the Supervisor

• Resignation Letter
• Lamar Property

Departments are required to schedule an exit interview with Human Resources prior to the departing employees last day of work.

STAFF

Every employee of Lamar State College-Orange is entitled to present grievances concerning things such as individual’s wages, hours of work, or conditions of work individually or through a representative that does not claim the right to strike. (The Texas State University System Rules and Regulations, Amended May 26, 2005.)   Dismissals may not be grieved unless the employee can present factual allegations that the decision to dismiss constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States.   Employees with work-related problems are encouraged to discuss the problem with the immediate supervisor.  If the problem cannot be resolved through this informal process, the employee may file a formal grievance. 

Except where otherwise stated in this grievance procedure, employees may represent themselves or be represented by a fellow employee or other representative, with the exception of an attorney, while exercising the rights provided in this grievance procedure.

All meetings and investigations related to grievance reviews shall be conducted during the staff employee's regular working hours insofar as possible.

The College will guarantee and insure that staff personnel subject to these rules shall be afforded fair, equitable, and expeditious hearing of matters of grievance without fear of coercion, discrimination, or reprisal because of exercising the right of request for redress from grievance.

Formal Grievance Procedure

1. The regularly established administrative channels shall be the route of all matters of grievance.
2. A staff employee shall at first present in writing any matter of grievance to his/her immediate supervisor. This should be done within three (3) working days from the beginning of the grievance. Upon receipt of the grievance as submitted by the employee, the immediate supervisor shall consider all of the facts of the case and he/she should report his/her decision in the matter in writing to the employee within two (2) working days after receipt of the grievance.
3. If the matter is not satisfactorily resolved in the eyes of the grievant, he/she may continue to have the grievance heard and adjudicated by each level of supervision in the regular administrative channel until the level of the Dean, Controller or Vice President is reached. At each level above the first supervisor, the request for grievance hearing must be made by the grievant and should be submitted in writing within three (3) working days from the delivery of the decision of the lower supervisor. At each level of hearing, the supervisor shall review all the facts of the case and the decisions rendered by the lower supervisors, and then he/she should render a decision in writing to the grievant within three (3) working days after receipt of the grievance.
4. If the matter continues to be unresolved in the eyes of the grievant, he/she may then submit the grievance in writing to the President. This shall be done within five (5) working days after receipt of the decision of the Dean, Controller, or Vice President.

The President may decide to appoint a Grievance Review Committee to help review the grievance, he may elect to review the grievance personally, or the grievant may request in writing that the President appoint a Grievance Review Committee.

The President or Committee shall conduct an investigation of all the events leading to the grievance, review all decisions rendered by lower supervisors, and render a decision in writing as soon as possible after the investigation is complete. The decision of the President shall be final in all cases of grievance.

5. At any step or level of the grievance procedure, the Human Resources Director may be requested by the grievant or the supervisor to serve as consultant to the grievance. In such cases, the Human Resources Director shall serve in the capacity of an information-gathering and advisory member only, and shall not have the power of making binding decisions.
6. A complaint or grievance in which a staff member alleges that disciplinary or dismissal action has been taken without adequate cause, and the staff member alleges that illegal discrimination has occurred on the basis of race, color, religion, sex, age, national origin, or non-job related mental or physical handicap, should be referred and discussed with the Human Resources Director.

Grievance Review Committee

1. The Committee will consist of five staff employees appointed by the President. The Committee should include professional as well as classified staff. All members must be present to conduct any business.
2. The Committee should meet within ten days after the notification of their appointment by the President. The Committee should meet prior to the hearing to review the process and The Committee should select a chairperson to conduct the hearing