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I:  Personnel Policies

 

Grievance and Appeal Procedure

            H. Councill Trenholm State Technical College recognizes that in order to efficiently and effectively carry out its mission, its employees and students must feel confident that any valid complaint or grievance an employee or student may make concerning the College will be promptly addressed by the appropriate authorities.  Therefore, the following procedures for resolving such complaints and grievances have been adopted by H. Councill Trenholm State Technical College.

 

Initial Steps to Resolve a Complaint

Employees                            

            Any College employee who wishes to make a complaint shall report that complaint in writing to his/her immediate supervisor.  If the complaint is about a specific occurrence, the complaint shall be made within ten (10) working days of the occurrence.

            If, after discussion between the employee and the supervisor, it is determined that the complaint can be resolved immediately, the supervisor will take action to resolve the complaint and will submit a report to the President within ten (10) working days of the filling of the complaint and the resolution of the complaint.

 

Students

            Any student enrolled at H. Councill Trenholm State Technical College who wishes to make a complaint shall report that complaint in writing to the Dean of Students.  The Dean of Students will refer complaints concerning Title IX, Section 504, and other such matters to the College Grievance Officer for further action.  If the complaint is about a specific occurrence, the complaint shall be made within ten (10) business days of the occurrence.

            If, after discussion between the student and the respective College official, it is determined that the complaint can be resolved immediately, the College official will take action to resolve the complaint and will submit a report within ten (10) working days of the filing of the complaint to the President, the College Grievance Officer and such other appropriate College official(s) as the President may designate, detailing both the complaint and its resolution.

 

Plan of Resolution

            If the student's or employee's complaint cannot be resolved immediately, but requires instead a "plan of resolution," the College official to whom the complaint was made shall submit a written report to the President, the College Grievance officer and such other appropriate College official(s) as the President shall designate.  The report shall be submitted within ten (10) working days of the complaint and shall detail the complaint and the plan to resolve the complaint.  Should the President, College Grievance Officer or other respective designated official wish to assist in submitting the report, or instruct the submitting official to modify the "plan of resolution," the President, College Grievance Officer or other official shall inform the submitting official of his/her intention.

 

Grievance Procedure

            If a student's or employee's complaint cannot be resolved at the first level of supervision as described in paragraphs above, such an unresolved complaint shall be termed a "grievance."  An employee or student who submits a complaint to the appropriate College official and who is not informed of a satisfactory resolution, or plan of resolution, of the complaint within ten (10) business days, shall have the right to file with the College Grievance Officer a written statement detailing the grievance.  The College Grievance Officers are:  Mr. Quinton Ross located in building J, Patterson Campus, phone number 420-4391 and Mrs. Jacqueline Dickerson located in building F , Trenholm Campus, phone number 420-4468.  The written grievance statement shall be filed using Grievance Form A, which will be provided by the Grievance Officer and shall include at least the following information:

            1.         Date the original complaint was reported;

            2.         Name of person to whom the original complaint was reported;

            3.         Facts of the complaint; and

            4.         Action taken, if any, by the receiving official to resolve the complaint.

            The grievance statement may also contain other information relevant to the grievance which the grievant wants considered by the Grievance Officer.

            If the grievance involves a claim of discrimination based on sex, race, age, national origin, religion, handicap or disability, the complaining party should state with particularity the nature of the discrimination and, if known, a reference to any statute, regulation or policy which the Complainant believes to have been violated.  The Complainant shall file any claim involving illegal discrimination within thirty (30) days of the occurrence of the alleged discriminatory act or of the date on which the Complainant knew or should have known that the alleged discriminatory act took place.

 

Investigation, Hearing and Findings

            The College shall have thirty (30) calendar days from the date of the receipt by the Grievance Officer of the grievance to conduct an investigation of the allegation(s), hold a hearing (if requested) on the grievance, and submit a written report to the Complainant of the findings arising from the hearing.  Grievance Form A shall be used to report both the grievance and the hearing findings.  The hearing findings shall be reported by the President [or designee] to the Complainant either in person or by certified mail sent to the Complainant's home address.

 

Investigation Procedures

            The Grievance Officer, either personally or with the assistance of such other persons as the President may designate, shall conduct a factual investigation of the grievance allegations and shall research the applicable statute, regulation or policy, if any.  The factual findings of the investigation by the Grievance Officer shall be stated in a written report which shall be submitted to the Complainant and to the party against whom the complaint was made (the"respondent") and shall be made a part of the hearing record, if a hearing is requested by the Complainant.  Each of the parties shall have the opportunity to file written objections to any of the findings and to make their objections a part of the hearing record.  In the event that the Complainant does not request a hearing, the Grievance Officer's report shall be filed with the President and a copy provided to the Complainant and respondent.

 

Hearing Procedures

            In the event that the Complainant requests a hearing within the time frame designated by the Grievance Officer, the President shall designate a qualified, unbiased person or committee to conduct each grievance hearing.  The hearing officer or person or committee shall notify the Complainant, and each respondent, of the time and place of the hearing at least seventy-two (72) hours prior to the scheduled beginning of the hearing.  The hearing shall be conducted in a fair and impartial manner and shall be open to the public unless both parties request in writing for the hearing to be conducted in private to the extent that there will be no violation of any applicable "sunshine law."

            At the hearing the Complainant and the respondent shall be read the grievance statement.  After the grievance is read into the record, the Complainant will have the opportunity to present such oral testimony and other supporting evidence he/she shall deem appropriate to his/her claim.  Each respondent shall then be given the opportunity to present such oral testimony and other evidence, as he/she deems appropriate to the respondent's defense against the charges.  In the event that the College or the administration of the College at large, is the party against whom the grievance is filed, the President shall designate a representative to appear at the hearing on behalf of the respondent.

            Any party to a grievance hearing shall have the right to retain, at the respective party's cost, the assistance of legal counsel or other personal representative.  However, the respective attorneys or personal representative, if any, shall not be allowed to address the hearing body or question any witness.  In the event that the College is the respondent, the College representative shall not be an attorney or use an attorney unless the Complainant is assisted by an attorney or other personal representative.

            The hearing shall be recorded either by a court reporter or on audio or videotape or by other electronic recording medium.  In addition, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as a part of the hearing record.

 

Report of Findings and Conclusions of Law

            Following the hearing, there shall be a written report to the President of the findings of the hearing officer or of the chairperson of the committee, and the report shall contain at least the following:

            1.         Date and place of the hearing;

            2.         The name of each member of the hearing committee;

            3.         A list of all witnesses for all parties to the grievance;

            4.         Findings of fact relevant to the grievance;

            5.         Conclusions of law, regulations or policy relevant to the grievance, and;

            6.         Recommendation(s) to the President arising from the grievance and the hearing thereon.

 

Available Appeals

            The President [or designee] shall submit a completed report, using Grievance Form A, to the Complainant and the respondent(s) and shall include a copy of the report of the hearing officer/committee.  If the grievance involves a claim of illegal discrimination, the Complainant shall have the right to appeal the decision of the hearing officer or committee to the Chancellor of the Alabama College System, provided that:

            1.         A notice of appeal is filed, using Grievance Form B, with the Grievance Officer and the Chancellor of the Alabama College System within fifteen (15) calendar days following the Complainant's receipt of the committee report.

            2.         The notice of appeal contains clear and specific objection(s) to the finding(s), conclusion(s) or recommendation(s) of the hearing officer or committee.

            If the appeal is not filed by the close of business on the fifteenth (15th) day following the Complainant's receipt of the report, the Complainant's right to appeal shall be forfeited.

 

Chancellor's Review

            The Chancellor shall have thirty (30) calendar days from receipt of the notice of appeal to review and investigate the allegations contained in the grievance, to review the hearing record, to hold an appellate hearing (if deemed appropriate by the Chancellor) and to file a report of the Chancellor's findings of fact and conclusions of law.  The Chancellor shall have authority to (1) affirm, (2) reverse or (3) affirm in part and reverse in part, the findings arising from the College grievance hearing.  The Chancellor's report shall be served to the Complainant and respondent(s) by personal service or by certified mail, return receipt requested, to the Complainant and respondent(s) at their respective home addresses.

 

Appeal to the Alabama State Board of Education

            Except in cases involving a claim alleging illegal discrimination based on gender, handicap or disability, the Chancellor's report shall not be appealable.  However, pursuant to the Alabama State Board of Education Policy, a Complainant who is alleging a claim of illegal discrimination based on gender, handicap or disability may file an appeal to the Alabama State Board of Education for a review of the Chancellor's findings and the findings arising from the College grievance hearing.

            A Complainant who has grounds for appealing the findings of the Chancellor to the Alabama State Board of Education may do so by:

            1.         Filing the notice of appeal, using Grievance Form C, to the Alabama State Board of Education within fifteen (15) calendar days following the Complainant's receipt of the report of the Chancellor's findings and

            2.         Specifying in the notice of appeal clear and specific objection(s) to the finding(s), conclusion(s) or recommendation(s) of the Chancellor.

            If the appeal is not filed with the Chancellor by the close of business on the fifteenth

 

(15) day following the Complainant's receipt of the Chancellor's report, the Complainant's right to appeal shall be forfeited.

 

Review by Alabama State Board of Education

            The Alabama State Board of Education shall have thirty (30) calendar days following its receipt of the Complainant's notice of appeal, [which shall be presented to the Alabama State Board of Education, or prior to, its next meeting following the receipt by the Chancellor of the notice of appeal] to investigate and review the allegations contained in the grievance, to review the reports of the Chancellor and the College hearing officer/committee, to hold an appellate hearing and to file a report of the Alabama State Board of Education findings of fact and conclusions of law.  The Alabama State Board of Education shall have the authority to (1) affirm, (2) reverse or (3) affirm in part and reverse in part the findings and conclusions of the Chancellor.  The report of the Alabama State Board of Education shall be served to the Complainant and respondent(s) by personal service or by certified mail, return receipt requested, to the respective home addresses of the parties.  The report of the Alabama State Board of Education shall not be further appealable within the Alabama Two-year College System.  However, the Complainant shall not be precluded from filing his/her grievance with an appropriate court or an administrative agency such as the Office for Civil Rights of the U.S. Department of Education or the Equal Employment Opportunity Commission.

 

General Rule on Filings

            If the last date for filing a document under these procedures shall fall on a Saturday, Sunday or legal holiday, the date of the first working day following the respective Saturday, Sunday or legal holiday shall be considered the deadline date.

 

Revised Hearing Procedure

1.  Definitions

            A.        Institution - A community college, junior college or technical college under the control of the Alabama State Board of Education.

            B.         Employees - All persons employed on a full-time basis by the President of an institution and whose salary is derived from salary schedules, B, C, D or E as established and adopted by the Alabama State Board of Education.  (The term "employees" also includes persons employed by the President of an institution on a full-time basis; inclusive of adult bus drivers and other non-instructional employees whose duties require twenty (20) or more hours in each normal working week of the College term, institutional holidays excepted.) Substitute instructors and substitute workers are excluded from the term "employees."

            C.        President - President shall mean the administrative head of an institution; regardless of the title actually held.

            D.        Service - Service of any notice required hereunder shall be deemed completed on the date of receipt.

            E.         Time - In computing any period of time prescribed under these regulations, the day of the act or event from which the designated period of time begins to run shall not be included, unless it is Saturday, Sunday, legal holiday (recognized by the institution) or institutional holiday, in which event, the period shall run until the end of the next day which is not Saturday, Sunday, legal holiday, or institutional holiday.

2.  Voluntary Relinquishment of Tenure.

            A.        Resignation - Upon resignation from his or her position at an institution, an employee loses tenure.  A resignation shall be deemed effective as in subsection 2.B below or when accepted in writing by the President of the institution.

            B.         Failure to Report for Duty - An employee who without good cause fails to report for duty at the employing institution at the beginning of a term shall be deemed to have resigned.  In addition, any employee who is absent from work for three (3) consecutive workdays without approval shall be considered to have abandoned the position and to have resigned from the institution.

3. Probationary Period

            A.        All employees as defined in subsection 1.B. of these regulations shall be deemed employed on a probationary status for a period of three years from the date of initial employment.

            B.         During said probationary period, the employing authority shall cause the employee's performance to be evaluated.

            C.        With respect to any full-time employee on salary schedule E, at any time during such employee's probationary period, the President may remove an employee by furnishing said employee written notification at least fifteen (15) days prior to the effective day of termination.

            D.        If a probationary employee paid under salary schedule D is terminated within the period of a contract, the employee is entitled to be given cause and the opportunity for a hearing under these hearing procedures adopted by the Alabama State Board of Education.  Employment agreements shall be offered for either 3, 9, or 12 months.  If 15 days prior to the end of the contract period, the person is not notified in writing that his/her services will no longer be required, he/she shall be offered another employment agreement for the same length as the prior contract unless otherwise agreed to by the President and the employee.

4.  Non-probationary Status

            A.        Upon the completion by the employee of said probationary period, said employee shall be deemed employed on a non-probationary status and said employee's employment shall thereafter not be terminated except for failure to perform his/her duties in a satisfactory manner, incompetency, neglect of duty, insubordination, immorality, justifiable decrease in jobs at the institution, or other good and just causes; provided, however, such termination of employment shall not be made for political or personal reasons on the part of the President of the institution.

5.  Termination of Employment

            A.        Employment of an employee on permanent status must be terminated only in the manner specified in subsection 5.B. below.

            B.         The employing President shall give notice in writing to the employee, said notice to contain:

                        (1)        A statement in detail of the reasons for the proposed termination;

                        (2)        A statement of the facts upon which such reasons are based;

                        (3)        A statement giving notice of the employee's rights to a hearing as set out herein;

                        (4)        The effective date of the termination;   

                        (5)        A statement setting forth the names of the persons who potentially will testify against the employee and the nature of their testimony;

                        (6)        If in cases involving moral turpitude, and the employee is to be suspended without pay pending a final hearing, the notice shall contain a statement that the employee is further entitled to respond to the notice of termination no later than the end of the third (3) working day after receipt of the notice of termination.  A written or oral response or both may be made to the President or designee.

                        (7)        A statement as to when the employee's compensation shall cease.  In no event shall the employee's compensation cease before the time making the response described in subsection 5.B. (6) has passed.

            C.        If in cases of moral turpitude, an employee is to be suspended without pay pending a final hearing, then prior to making a final decision concerning the cessation of an employee's compensation, the President or designee shall consider any timely written response as described in subsection 5.B. (6) and, upon request, shall hear and consider any timely oral response as described in subsection 5.B. (6).  No later than one (1) working day after the employee responds either in writing or orally to the President or designee, the President shall notify the employee of the decision concerning the response.  If the President makes a determination adverse to the employee, the President shall also notify the employee of the date when compensation shall cease.

 

6.  Notice of Termination; Right to Hearing.

            A.        Notice to the employee shall be served either in person or by United States registered or certified mail with postage prepaid thereon, to said employee's last known address.  The employing President may suspend said employee with pay until the charges are heard and determined.  This section, however, does not mandate pay in cases involving moral turpitude.  If such charges are found to be unfounded, pay would be reinstated.  Such notice shall also inform the employee that in order to contest said termination, the employee must file with the employing President and the Chancellor of the Alabama College System, within fifteen (15) days after receipt of such notice, a notice of an intention to contest the termination of said contract.  If the employee does not file notice of intent to contest within fifteen (15) days after receipt of the notice of intention to terminate said contract, then the employing President may dismiss the employee and such dismissal shall be final.

7.  Appellate Process To Contest Termination

            A.        Upon receipt of a notice contesting termination, the employing President and the employee may (1) mutually agree upon a person to hear the employee's appeal or (2) select a panel of three persons, one selected by the employing President, and another selected by the employee and a third agreed upon by the two parties listed herein above which shall constitute an employee review panel to hear the employee's appeal.  If there is no agreement on the selection of a third member within ten (10) days following the selection of the second member, the Probate Judge of the county in which the dispute originated, shall submit the names of three individuals who are qualified electors of that same county who, in the Probate Judge's opinion, would be qualified through their experience and education to render a fair and impartial decision as the third member of the employee review panel and said person selected for a membership on the employee review panel shall not be currently employed in the field of education.  From these three names, the employing President shall then strike the first name and the employee shall strike the second name with the person whose name remains becoming the third member of the employee review panel.

8.  Hearing Process

            A.        Upon the employee review panel's selection to hear a case, the panel shall within ten (10) days establish a date, place, and time for the hearing to be conducted.  The date of such hearing shall in no case be later than sixty (60) days following the decision of the employing President.  Upon the completion of a de novo hearing, the panel's decision must be rendered within forty-five (45) days.  The parties shall have the right of counsel or representation of their choosing.  In making its decision, the panel shall consider whether the action of the President or administrative staff was arbitrary or unjust or for political or personal reasons on the part of the President or staff and whether the President's action was warranted based upon the facts of the case and the employment record of the employee.  The decision of the panel shall be final and binding upon the parties.  Expenses and fees of the employee review panel shall be shared equally by the institution and employee.

9.  Transfer

            A.        The employing President shall have authority to transfer employees from one position at the institution to another, however, such transfer shall be based upon good and just cause, needs of the institution and shall not be for political or personal reasons on the part of the President and shall be without loss of status for the employee.  Appeals of a decision to transfer shall be handled in the same manner as for termination and the decision of the employee review panel shall be final and binding on the parties.

10.  Discipline

            A.        The employing President shall have authority to reprimand, censure, or suspend with or without pay, an employee for just cause.  Such action on the part of the employing President or staff shall not be for political or personal reasons.  The employee shall have the right to contest the President's action by appealing through the same manner as for termination and the decision of the employee review panel shall be final and binding on the parties.

11.  Incorporation

            A.        These regulations or applicable portions thereof shall be deemed as a part of the terms and conditions of appointment or employment of any employee (as defined in subsection 1.B. above).

            B.         Any employee who accepts appointment or employment at any institution shall, by acceptance thereof, be deemed to have agreed to be employed under and abide by these regulations or as they may hereafter be modified or amended.

12.  Severability

            A.        The provisions of these regulations are severable.  If any subsection, paragraph, sentence, clause, provision or portion of these regulations is held unconstitutional or invalid, by any court of competent jurisdiction, such holding shall not affect any other subsection, paragraph, sentence, clause, provision or portion of these regulations which is not in and of itself unconstitutional or invalid.

13.  Repealer Clause

            A.        Any and all other regulations or policies adopted by the Alabama State Board of Education, which are in conflict with these regulations, are hereby repealed. 

14.  Effective Date

            A.        These regulations shall take effect September 1, 1984.

 

Verification of Citizenship

            It is a policy at H. Councill Trenholm State Technical College that all employees hired after November 6, 1986 must verify that they are United States citizens or aliens lawfully authorized to work in the United States.  The new employees must complete and sign a verification form designated by the Immigration and Naturalization Service to certify that each employee is eligible for employment.  The Administrative Services Manager's Office handles this procedure and has the required forms.

 

Complimentary Publications

            In an effort to encourage instructors to use textbooks, publishers furnish instructors with complimentary copies of their publications.  The Alabama Ethics Commission has ruled that, effective November 1987, those publications which the instructors do not keep for their professional use are to be donated to H. Councill Trenholm State Technical College to avoid any possible violation of the Ethics law.

 

travel

            Employees on official College business, as approved by the President, are reimbursed at the per diem rate of $50.00 per day for trips of two days (one night); $66.66 per day for trips of three days (two nights); and $75.00 per day for trips of four days or longer  (three or more nights).  Effective April 1, 2003, reimbursement rate for in-state travel is $7.50 meal allowance for trips away from base of  (6) hours – (12) hours, and $20.00 (meal allowance plus one unit) for trips away from base for more than (12) hours.

           

            In addition to the per diem, mileage rate for use of private automobile is set $0.375 per mile.  The mileage is computed as indicated on an official State of Alabama map.      

            Instructors assigned to teach on both campuses in the same day shall be eligible for mileage for private automobile use between campuses if a college vehicle is not available.  All other travel between campuses must be pre-approved to be eligible for mileage reimbursement.

            The State Board of Education authorizes presidents to approve travel for individual college employees or students traveling on college-related activities.  Approval of out-of-state travel for professional development activities for groups of three or more persons from a single college or ten or more persons from various colleges must be approved by the State  Board of Education (Policy 316.01).  A Prior Approval for Travel Request Form  must be submitted to the employee/student‘s immediate supervisor at least 30 days in advance of the trip.  In-State Travel reimbursement should be requested on an In-State Travel Reimbursement Form .  Out-of-State travel reimbursement should be requested on an Out-of-State Travel Reimbursement Form.  Costs for out-of-state travel are actual expenses as required by receipts.  These forms are available on the college website.

 

Tuition Assistance for Full-time Employees

            Full-time employees of state community, junior, and technical colleges and Athens State College and their dependents are eligible for tuition assistance.  A dependent is defined as the spouse of any full-time employee, the unmarried, natural or adopted children of any full-time employee, residing in the household of the employee or the employee’s former spouse; the unmarried stepchildren of any full-time employee, residing in the household of the employee.  This waiver is not available to temporary or part-time employees or persons serving as independent contractors.

            To qualify, employees must have been employed by their respective community, junior, or technical college or Athens State College or The Department of Postsecondary Education for a full academic year or at least 12 months, whichever is less restrictive, prior to the first scheduled day of class for the term for which the employee is applying. This assistance is available for courses taught by postsecondary institutions under the direction and control of the State Board of Education, with the exception of courses taught by Athens State College.

All eligible employees and their dependents will be allowed a waiver of one-third of the normally-charged tuition after the first year of employment, a waiver of two-thirds tuition after the second year of employment, and a waiver of full tuition after the third year of employment.

An Employees’ and Dependents’ Tuition Waiver Application is available in the Business Office and should be completed prior to registration for classes. A copy of the completed form must be maintained by the employing College and the College offering the courses, if different.

 

Institutional Summer Employment Policy

            Pursuant to Alabama State Board of Education Policy 603.02, the full teaching load for instructors in non-career/technical programs for a summer term is twelve (12) to thirteen (13) credit hours per week or the equivalent, as determined by the President.  The full teaching load for instructors in career/technical programs is thirty (30) contact hours per week or the equivalent, as determined by the President.  Full-time instructors may be employed for less than a full teaching load, but must be paid a pro rata amount of Salary D compensation based on:  (1) qualifications and experience; and (2) a full teaching load.

            A full-time instructor on Salary Schedule D who is employed by virtue of a nine month contract (Fall and Spring terms) shall have first option (over part-time or temporary employees) for employment at the College in the summer term to teach in the discipline(s) which said instructor taught on a regular basis during the preceding academic year (fall and spring semesters), provided that:  (1) there is sufficient student enrollment; (2) there is sufficient funding available; (3) the employee is qualified to provide the service scheduled; and (4) all other terms and conditions of Institutional Summer Employment Policy are met  In all instances tenured faculty with most seniority will be employed if they so desire, so long as the stipulations noted herein are met.

            The minimum class size for the summer term is 10.  Exceptions to the minimum class size of 10 must be approved on a case-by-case basis by the President.  If an instructor’s average summer class size falls below 10, the instructor may voluntarily opt to be placed on a nine (9) month employment contract, with summer employment as an additional three-month contract to be awarded by the President; or, in the alternative, the instructor may be placed on temporary assignment to perform such duties as may be determined by the President to fulfill the summer months covered by the employment contract.  The President may opt not to offer courses in the program in which the average class size falls below 10 during the summer term, and may make such other arrangements as deemed appropriate.

            General education courses will remain open as long as possible to accommodate students attempting to schedule a full-time summer load.  General education courses will be the last courses closed due to insufficient enrollment.

            Intermediate level courses will be reviewed first to determine classes with insufficient enrollment.  Intermediate level courses will thus be the first courses closed in the event of insufficient class enrollment.

            Identical courses (same course number and title) scheduled at different times by the same instructor may run with a total of 20 students in the two courses.  It is unnecessary to change individual students’ schedules to achieve a minimum of 10 students in two identical courses taught by the same instructor.

            Courses having an enrollment of 20 or more students may not be split into two sections to achieve load.  If an additional section of a given course is required, instructors should notify the Dean of College who must secure approval of the President.

            Except for those associated with the allied health fields which are otherwise required by accrediting entities, all practical, cooperative education, internships and other similar instructional experiences will be treated as experimental or manipulative laboratories for purposes of teaching load, as determined by the President.

            For purposes of summer employment, per Alabama State Board of Education Policy 608.01 and subsequent guidelines, “equivalent” load for department chairs and directors shall be one (1) credit hour and one (1) contact hour.

            No overload salary will be paid for work performed during the summer term.

            Requests for exceptions to the summer employment policy must first go to the Dean of Academic Services or Associate Dean of Technical Education.  The Dean of the College will evaluate the request.  Requests for exceptions must be approved by the President.  Requests for exceptions based on graduating students will be based on a review of the students’ transcripts.  Exceptions will not be granted in cases involving the enrollment of students who have dropped out and dropped in, and/or have previously passed up an opportunity to take courses.  A single or a few graduating students in a course is not justification for an exception to be granted.

 

Salary Schedule

            A salary schedule for administrators, faculty, and support personnel is established annually by the Alabama State Board of Education.  Salaries for faculty are based on years of experience and the type of certificate held by the instructor.  Salaries for administrators and other personnel are based on job title and number of year’s experience. 

           

Method of Payment for Nine Month Contract

            The salary for the academic year (nine-months) or term may be disbursed in equal monthly payments for convenience in bookkeeping under the following conditions:

            Persons beginning or ending employment at a time that does not coincide with the regular beginning and ending of the academic year shall be paid on a daily rate basis for the actual number of working days they are on duty.

            The daily rate for the nine-month term (academic year) shall be determined by dividing the nine-month salary by 175 working days (exclusive of holidays).  This same rate is also applied to compute payment of partial summer employment (number of days times daily rate).  Instructional personnel are not paid for holidays or for breaks between terms.  Therefore, a person terminating employment before his/her contract is fulfilled may receive a reduced "last payment" or be required to reimburse the Alabama Two-year College System for salary overpaid.  Certain inequities exist when the annual salary is computed on the basis of 260 workdays for full-time non-instructional personnel.

 

Certification of Instructional Personnel

            All full-time instructors must possess the appropriate credentials for their teaching assignment prior to employment unless otherwise specified.  Instructors are required to present all documentation required in the postsecondary faculty credential standards to the President’s designated representative prior to employment.  Instructors may be employed on a full-time or part-time basis.

 

Faculty Qualifications

            All faculty employed before December 14, 1989, shall have the choice of advancing under the provisions of the certification requirements in place before December 14, 1989, or under the provisions of the new standards.  All faculty employed on or after December 14, 1989 shall meet the certification requirements in place at the time of employment.  A copy of the certification requirements can be found in the Dean of Academic Services' or Associate Dean of  Technical Education's Office.

            All points earned for rank change for a subsequent year must be earned by September 1. The application for the change must be submitted to the President before September 30.

 

Code of Conduct

            The moral and ethical conduct of employees is a prime concern of this institution.  Employees will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.  No employee shall participate in selections or in the award or administration of a contract if a conflict of interest would be involved.  A conflict may occur when people involved have a financial or personal interest in prospective contractors, subcontractors or suppliers.

Such a conflict would arise when:

            a.         The employee,

            b.         Any member of his immediate family,

            c.         His or her partners, or

            d.         An organization which employs, or is about to employ any of the above,

has a financial or other interest in the firm selected for award.

 

Overtime Compensation

            H. Councill Trenholm State Technical College has adopted a policy and practice that complies with the overtime provisions of the Fair Labor Standards Act of 1938, As Amended.

            Copies of the detailed College policy on overtime may be reviewed in the Business Office. 

            This policy provides for the granting and accrual (up to 240 hours) of compensatory time off for authorized overtime hours worked beyond 40 hours in any workweek to only those employees for which such compensatory time off is required to be granted by the Fair Labor Standards Act of 1938, As Amended.

            Such compensatory time off is not mandated by the law as to all employees.  For example, instructors, librarians, counselors, most administrative personnel and some support personnel are generally not entitled to receive compensatory time off for such overtime.  The College has classified each employee as eligible or ineligible to receive compensatory time.  Please contact the Administrative Service Manager's Office should you desire to inquire of your individual classification for such purpose. 

            If you are eligible to receive compensatory time off, College policy requires that certain written records be maintained as to your hours worked in each workweek.  No employee eligible to receive compensatory time off is to work more than 40 hours in any workweek without prior authorization from the appropriate Dean.  An Over-Time/Compensatory Time Earned Form  must be completed, approved and submitted to the Business Office before any credit for overtime may be given. When compensatory time off is to be taken, a Leave Request Form must be completed, indicating this is compensatory time, and submitted for approval the same way any other type leave would be requested.

 

Substitute Instructors

            It is the policy of H. Councill Trenholm State Technical College not to employ substitutes for instructors during routine day to day absences from the College due to illness, personal leave or absence while on College business, etc.  However, in cases where it becomes necessary for an instructor to be absent for an extended period of time, which would be detrimental to the program and the progress of the students, every effort will be made by the administration to employ a qualified instructor temporarily.

            In every case where it becomes necessary for an instructor to be absent, it his/her responsibility to notify the President of the College or designee.  Each full-time instructor should submit to the Dean of Academic Services or Associate Dean of Technical Education, the names, addresses and telephone numbers of the qualified individuals who may serve as a substitute instructor.

Duty  Days

Full-time Instructors

            Full-time instructors employed on a nine-month contract shall work a minimum of 175 days.  Full-time instructors employed on a nine-three contract shall work a minimum of 229 days.  Those employed full-time for the summer term shall work a minimum of 54 days. 

Full-time Non-instructional Personnel

            The Alabama College System Colleges shall be open all days except Saturdays, Sundays, the ten (10) official holidays and five (5) other days designated in the official approved calendar.  Days that the College is officially open are the duty days of all full-time non-instructional personnel.  The ten (10) official holidays are:

                        New Year’s Day

                        Martin Luther King Jr./Robert E. Lee Birthday

                        National Memorial Day

                        Independence Day

                        Labor Day

                        Veterans Day

                        Thanksgiving Day

                        Day after Thanksgiving Day

                        Christmas Eve

                        Christmas Day

Contract

Signing of Contract

    

     All employees are required to sign their contracts.

 

Cancellation for Faculty/Staff Members on Continuing Status

            Cancellation of an employment contract of a faculty member on continuing status shall be made for incompetency, insubordination, neglect of duty, immorality, justifiable decrease in the number of faculty positions at the institution or other good and just cause; but cancellation shall not be made for political or personal reasons.

Termination for Probationary Faculty/Staff Members

            Contracts of probationary faculty/staff members may be terminated during the term of the contract only in accordance with the procedures and requirements established herein for the termination of the contract of a faculty/staff member on continuing employment status. (see Revised Hearing Procedure)

Non-Renewal for Probationary Faculty/Staff Members

            Probationary faculty/staff members whose contracts are not to be renewed shall be served notice of non-renewal at least (15) days before the end of the faculty/staff member's contract period.  Non-renewal does not imply that the work or conduct of a probationary faculty/staff member has been unsatisfactory.

 

Resignation

Faculty

            All instructional personnel intending to resign are required to give written notice of resignation at least thirty (30) days before the beginning of a term and each instructional staff member shall complete all instructional duties except by mutual written agreement by both parties.  All property of the College shall be inventoried.  Keys shall be returned to the Business Office and grade books shall be submitted to the Director of Admissions and Records.

Other Personnel

            All other personnel shall give a minimum of thirty (30) days written notice before resignation, except by mutual agreement of the President and employee.  All College property in the possession of the employee shall be returned to the Business Office.

 

Sexual Harassment

H. Councill Trenholm State Technical College affirms its commitment to ensuring an environment for all employees and students that is fair, humane, and respectful.  Therefore, the college will not tolerate any verbal or physical conduct that constitutes sexual harassment of any employee or student.  Such behaviors are prohibited by the Federal regulations that state:

 

“Harassment on the basis of sex is a violation of Section 703 of Title VI.  Unwelcome sexual advances, requests for sexual behaviors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:  (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;  (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or  (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” 

 

H. Councill Trenholm State Technical College deplores such conduct as an abuse of authority, and it is an official institutional policy that sexual harassment of employees and/or students will not be tolerated.  The College accepts the proposition that sexual harassment, like any civil rights violation, generates a harmful environment.  The administration of the college will act positively to investigate alleged harassment and to effect remedy when an allegation is determined to be valid.  Complaints about sexual harassment should be directed to the Title VI and Title IX Coordinators:  Mrs. Cecile Mathews, 420-4427, Trenholm Campus or Mrs. Martha Arrington, at 420-4292 Patterson Campus.  

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