Section 600: Personnel

601.01: Equal Employment Opportunity

Enterprise State Community College is an equal opportunity employer and complies with the American Disabilities Act.  The college will make reasonable accommodations for qualified disabled applicants or employees. Enterprise State Community College provides equal opportunity employment and advancement to all applicants and employees as required by appropriate federal and state law.

601.02: Nondiscrimination

It is the policy of the Alabama Community College System, Enterprise State Community College, and all post-secondary community and technical colleges under the control of the Alabama Community College System Board of Trustees, that no employee or applicant for employment or promotion, on the basis of any impermissible criterion or characteristic including, without limitation, race, color, national origin, religion, marital status, disability, sex, age, or any other protected class as defined by federal and state law, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, activity, or employment.

601.04: Harassment

Enterprise State Community College is committed to providing both employment and educational environments free of harassment any form. Employees shall adhere to the highest ethical standards and professionalism and refrain from any form of harassment. Both employees and students shall strive to promote an environment that fosters personal integrity where the worth and dignity of each human being is respected. Any practice or behavior that constitutes harassment shall not be tolerated.

Harassment can be defined as but is not limited to:

• Disturbing conduct which is repetitive;
• Threatening conduct;
• Intimidating conduct;
• Inappropriate or offensive slurs, jokes, language, or other verbal, graphic, or other like conduct;
• Unwelcome sexual advances, requests for sexual favors, or sexual based offenses;
• Assault;
• Repeated contact solicited during non-traditional business hours which may be perceived as harassment by recipient unless it is specifically associated with work related duties.

Employees and students who are found in violation of this policy shall be disciplined as deemed appropriate by the investigating authority.

Harassment of employees or students by non-employees is also a violation of this policy.

This policy encourages faculty, students, and employees who believe that they have been the victims of harassment to contact the Title IX Coordinator, Human Resources Director/Coordinator or President at the institution within ten days of when the alleged incident occurred. Any reprisals shall be reported immediately to the Title IX Coordinator, Human Resources Director/Coordinator or President. Any employee or student who becomes aware of any harassment shall report the incident to the Title IX Coordinator, Human Resources Director/Coordinator or President. Failure to act, which includes initial investigation, shall be deemed in direct violation of this policy.

This policy shall be distributed, communicated and implemented in a manner which provides all interested parties the opportunity to be informed of this policy. A systemwide educational program shall be utilized to assist all members of the community to understand, prevent and combat harassment. Each community and technical college is required to provide annual training related to harassment, including sexual harassment.

Complaints or Reports concerning sexual harassment should be made, processed and addressed according to Policy 620.03Sexual Harassment Complaint Procedures.

601.05: Title IX and Sex Discrimination

Enterprise State Community College (“College”) addresses the requirements of Title IX of the Education Amendments of 1972 ("Title IX") federal law that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.  

Title IX states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Policy Statement

It is the policy of the College to provide an educational and employment environment free of all forms of discrimination or harassment. Discrimination or harassment based upon one’s race, color, religion, national origin, gender identity, sexual identity, age, genetic information, veteran status, or disability as defined in this policy and as otherwise prohibited by state and federal statutes is prohibited at the College. Sexual harassment, including acts of sexual assault, sexual violence, domestic violence, dating violence, stalking and sexual exploitation/misconduct, is a form of sex discrimination and is prohibited at the College. This policy applies to all College students, faculty, staff, other members of the College community, and non-employee third parties who are doing business or providing services to the College.

Commitment to Address Title IX Reports of Violations 

Enterprise State Community College is committed to providing an environment that is safe and conducive for learning and employment. Any behavior that threatens this environment is a violation of College policy. All members of the College community are strongly encouraged to report any incident of sexual harassment, sexual assault, sex offenses, sexual exploitation, dating violence, stalking, intimate partner violence, and domestic violence directly to the appropriate Title IX Coordinator. Violations may also be reported to any “responsible employee” as outlined in this policy.

Upon receipt of a report, the College will take prompt and effective action by providing interim remedies to issues that threaten the safety and security of the victim and offering appropriate support. Additionally, the College will conduct a thorough review and investigation in an effort to address the alleged policy violation.

Retaliation against any person who makes a complaint or participates in the complaint process is a violation of College policy, and should be reported to the appropriate Title IX Coordinator. A finding of retaliation may result in disciplinary action in addition to any sanctions that may be imposed as a result of the underlying allegations of discrimination and/or harassment. Violations of this Policy may result in the imposition of sanctions up to, and including, termination, dismissal, or expulsion, as determined by the appropriate officials at the College.

Submitting a complaint that is not in good faith or providing false or misleading information in any investigation of complaints is also prohibited.

Jurisdiction of the Policy

This policy applies to related conduct occurring on College campuses and sites, College property or at College-sanctioned events or programs that may take place off campus. In particular, off-campus conduct that is likely to have a substantial adverse effect on or poses a threat of danger to any member of the College community or the College as a whole is covered under this policy. 

Individuals Covered by the Policy

The policy applies to all members of the College community, including students, faculty, staff, administrators, volunteers, vendors, independent contractors, visitors and any individuals regularly or temporarily employed, studying, conducting business or having any official capacity with the College or on College property.

Title IX Coordinators & Responsibilities

Any inquiries regarding this policy should be directed to one or more of the Title IX Coordinators identified below. These Coordinators will be available to meet with students and employees regarding issues relating to Title IX and this policy.

The Title IX Coordinator is responsible for implementing and monitoring compliance of the policy on behalf of the College. This includes responsibility for training, education, communication and administration of grievance procedures for the handling of complaints alleging violations of this policy.

Title IX Coordinator for Students 

Ms. Dava Foster

Director of Student Success

dfoster@escc.edu

334-347-2623 ext. 2293

Title IX Coordinator for Employees

Ms. Jessica Lunsford

Human Resources Coordinator

jlunsford@escc.edu

334-347-2623 ext. 2222

 

Prohibited Conduct & Definitions

The College prohibits all forms of sexual and gender-based harassment, including sexual harassment, sexual assault, sex offenses, sexual exploitation, dating violence, stalking, intimate partner violence, and domestic violence. Any of the prohibited conduct defined in this policy can be committed by individuals of any gender, and it can occur between individuals of the same or different gender. The listing of these examples does not preclude nor set aside the College’s formal codes of conduct listed elsewhere in College publications, handbooks, or addendums to the like. Violations of the College’s codes of conduct may not constitute a violation of this policy but would be addressed under the proper College codes such as those found in the Catalog and Student Handbook, Student Code of Conduct, or other applicable policies. Each of the terms defined herein encompasses a broad range of behaviors. Within these broad contexts, the College prohibits the following conduct:

Discriminatory Harassment

Discriminatory harassment is unwelcome verbal or physical conduct based on race, color, religion, national origin, sex, gender identity, sexual orientation, age, genetic information, veteran status, or disability, when:

Such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance;

Such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment; or

Such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity.

 Harassing conduct includes, but is not limited to the following:

Epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s race, color, religion, gender, national origin, age or disability;

Written or graphic material which demeans or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age or disability and is posted on walls, bulletin boards, e-mail or elsewhere at the College; or when

Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual’s employment.

 The terms intimidating, hostile and offensive are interpreted according to legal standards as determined by the law and are viewed from the perspective of a reasonable person in similar circumstances as the complainant.

Sex Discrimination

Sex discrimination includes, but is not limited to the following:

Making a distinction in favor of, or against, a person on the basis of sex rather than on individual merit in an educational setting; 

Making a distinction on the basis of sex that deprives a person of the ability to participate in or benefit from the college’s education program or activities; or

Treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.

 

Gender-Based Harassment

Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the College’s education or work programs or activities. 

For example, persistent disparagement of a person based on a perceived lack of stereotypical masculinity or femininity or exclusion from an activity based on sexual orientation or gender identity also may violate this policy.

Sexual Harassment

 Sexual harassment is conduct that is sexual in nature, is unwelcome, and denies or limits a student’s ability to participate in or benefit from a school’s education program.

 Sexual harassment can take different forms depending on the harasser and the nature of the harassment. The conduct can be carried out by school employees, other students, and non-employee third parties, such as a visiting speaker. Both male and female students can be victims of sexual harassment, and the harasser and the victim can be of the same sex.

 The conduct can occur in any school program or activity and can take place in school facilities, on a school bus, or at other off-campus locations, such as a school-sponsored field trip or a training program at another location. The conduct can be verbal, nonverbal or physical. 

Examples of sexual harassment include, but are not necessarily limited to, unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s gender, sexuality or sexual experience. Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the accused may be of either gender and need not be of different genders.

Sexual Assault/Sexual Violence

Sexual assault/sexual violence is a particular type of sexual harassment that includes, but is not necessarily limited to, non-consensual sexual contact, non-consensual sexual intercourse, physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, domestic violence, dating violence, stalking or attempts to commit these acts or other physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. 

Non-Consensual Sexual Contact

Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

Sexual Contact includes intentional contact with the breasts, buttocks, groin or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts or any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.

Non-Consensual Sexual Intercourse

Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object or body part, by a man or woman upon a man or a woman, that is without consent and/or by force. 

Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Domestic Violence

Domestic violence is a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Dating Violence

Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Stalking

Stalking is defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Hazing

Hazing includes but is not limited to any act directed toward an individual, or any coercion or intimidation of an individual to act or to participate in something which a reasonable person would perceive is likely to cause physical or psychological injury and where such act is a condition of initiation into, admission into, continued membership in or association with any group whether that group is a formal or informal entity.

Sexual Exploitation/Sexual Misconduct

Sexual exploitation/sexual misconduct occurs when a student/employee takes non-consensual or abusive sexual advantage of another.

Examples of sexual exploitation and sexual misconduct include, but are not limited to:

1. Invasion of sexual privacy

2. Prostituting another student

3. Non-consensual video or audio-recording or broadcasting or sharing of sexual activity

4. Engaging in voyeurism

5. Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals

6. Sexually-based stalking and/or bullying

7. Use or display in the classroom or any facility of the College, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification

8. Sexual activity with someone whom one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug ingestion, unconsciousness or blackout), constitutes a violation of this policy

9. Sexual activity with someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of drugs

10. Sexual activity of any kind with anyone under the age of 18

Use of alcohol or drugs will never function as a defense for any behavior that violates this policy.

Other Definitions and Terms

Consent

Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. In the matter of sexual misconduct, consent is a voluntary agreement to engage in sexual activity by an individual who has the capacity to do so. Someone who is incapacitated cannot provide consent. Past consent does not imply future consent; silence or an absence of resistance does not imply consent; consent to engage in sexual activity by one person does not imply consent to engage in sexual activity with another; the manner in which an individual is dressed does not imply consent; the existence of a prior or current relationship does not imply consent; accepting a meal, a gift, or invitation for a date does not imply or constitute consent to further activity; consent can be withdrawn at any time (no means no); and coercion, force, or threat of either invalidates consent. 

Incapacitation

Incapacitation is a state or condition that renders an individual unable to make qualified and rational decisions (i.e., a condition resulting from the use of drugs or alcohol, when a person is asleep or unconscious or because of an intellectual or other disability that prevents him/her from having the capacity to give consent.) 

Victim

A person who has been the subject of a prohibited conduct, regardless of whether that individual makes a complaint or seeks disciplinary action.

Complainant

A victim who has made a complaint of a violation of the Title IX and Sex Discrimination Policy, or on whose behalf a complaint was made or disciplinary action initiated.

Respondent

The individual(s) who is accused of a prohibited conduct. 

Confidentiality

 The College is committed to protecting the privacy of all individuals involved in a report of Title IX and sex discrimination. All College employees who are involved in the College’s Title IX response process have received specific instructions about respecting and safeguarding private information. Throughout the process, every effort will be made to protect the privacy of all individuals involved in a manner that allows the College to conduct a thorough review of the issue.

 

“Responsible Employees”

A “responsible employee” is a College employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or sex discrimination, or who a student could reasonably believe has this authority or duty. Responsible employees at the College include:

1. Title IX Coordinator

2. Campus Police Officers

3. Faculty, Staff, and Administrators

When a victim tells a responsible employee about an incident of sexual misconduct or violence, the victim has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

A responsible employee must refer the complainant to the Title IX Coordinator and report to the Title IX Coordinator any relevant details about the alleged sexual violence shared by the victim. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report.

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations. If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim’s request for confidentiality.

Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including requesting that the College fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to do so.

 

Requesting Confidentiality from the College

 If a victim discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, faculty, and staff, including the victim. Although rare, there are times when the College may not be able to honor a victim’s request. This is the case when safety and security is a factor. If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited. In all cases of sexual violence that are a crime, the College has an obligation to include the incident in its annual security report in accordance with the Clery Act requirements.

It shall be the responsibility of the Title IX Coordinator to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence. When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following: 

The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as whether: 

1. There have been other sexual violence complaints about the same alleged perpetrator; 

2. The alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence; 

3. The alleged perpetrator threatened further sexual violence or other violence against the victim or others; 

4. The sexual violence was committed by multiple perpetrators; 

5. The sexual violence was perpetrated with a weapon; 

6. The victim is a minor; 

7. The College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence); and/or

8. The victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. 

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors are present, the College will likely respect the victim’s request for confidentiality.

If the College determines that it cannot maintain a victim’s confidentiality, the College will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response. The College will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and will work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated. The College may not require a victim to participate in any investigation or disciplinary proceeding. 

The College will also: 

1. Assist the victim in accessing other available victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus through the Title IX Coordinator; 

2. Provide other security and support, which could include issuing a no-contact order, helping arrange a change of working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and/or

3. Inform the victim of the right to report a crime to campus police or local law enforcement – and provide the victim with assistance if the victim wishes to do so. 

Because the College is under a continued obligation to address issues of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.

If the College determines that it can respect a victim’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the victim.

Privacy and Confidentiality Defined

 Privacy and confidentiality have distinct meanings under this policy. 

Privacy

Privacy generally means that information related to a report of Title IX violation will only be shared with a limited circle of individuals. The use of this information is limited to those College employees who “need to know” in order to assist in the active review, investigation or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. 

Confidentiality

Confidentiality means that information shared by an individual with designated campus or community professionals cannot be revealed to any other individual without the express permission of the individual. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others. 

Requests for Confidentiality

Where a complainant requests that his/her name or other identifiable information not be shared with the Title IX officers or requests that no formal action be taken, the College will balance this request with its dual obligation to provide a safe and non-discriminatory environment for the College community and to remain true to principles of fundamental fairness that require notice and an opportunity to respond before action is taken against the accused. In making this determination, the College may consider the seriousness of the conduct, the respective ages and roles of the complainant and the accused, whether there have been other complaints or reports of harassment or misconduct against the accused, and the rights of the accused to receive notice and relevant information before disciplinary action is sought. 

The College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request by the complainant. Where the College is unable to take action consistent with the request of the complainant, the Title IX Coordinator will inform the complainant about the chosen course of action, which may include the College seeking disciplinary action against the accused. Alternatively, the course of action may also include steps to limit the effects of the alleged harassment and prevent its recurrence that do not involve formal disciplinary action against the accused or revealing the identity of the complainant. 

Ongoing Assistance

The Title IX Coordinator and Director of Counseling at the College will assist victims of sex discrimination/sexual violence with ongoing support by providing appropriate counseling referral services. Students will be assisted with any academic accommodations that may be necessary including, but not limited to, schedule modifications, withdrawal from class, modifications in work-study schedules, etc.

Grievance Procedures: Reporting and Investigation

Reporting

A student, faculty member or staff member who has a complaint against a student, faculty, staff member or other individual involving a suspected violation of this policy or of retaliation should contact the appropriate Title IX Coordinator. Incidents may also be reported to any Responsible Employee at any time; however, individuals are encouraged to report incidents within ten (10) working days of an alleged violation. This will maximize the College’s ability to effectively investigate and act upon an alleged violation. If the complaint is about the designated Title IX Coordinator, the complaint will be sent directly to the President’s Office. The President will assign the complaint to another administrator.

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to sex discrimination/sexual violence complaints. The 10-day request is in no way intended to limit a complainant’s right to assistance after that time period but rather is to ensure a timely resolution of any complaint.

Filing a Criminal Report 

Persons who wish to file a criminal report may contact the Enterprise State Community College Campus Police at 334-447-6555 or 334-447-7564. 

In case of an emergency, please call 911. 

Investigation

The Title IX Coordinator will begin an investigation in partnership with other College officials, as deemed appropriate by the College. The investigation phase will be completed within sixty (60) days of the filing of a complaint. 

As part of the investigation, the Title IX Coordinator will seek separate interviews with the complainant, the accused, and any witnesses to the greatest extent possible. To help ensure a prompt, fair, and thorough investigation, complainants are encouraged to provide as much of the following information as much as possible, including the following:

1. The name, department, and position of the person or persons allegedly causing the discrimination, harassment or retaliation.

2. A description of any relevant incident(s), including the date(s), location(s), and the presence of any witnesses.

3. The alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of employment.

4. The names of other students or employees who might have been subject to the same or similar discrimination, harassment or retaliation.

5. Any steps the complainant has taken to try and stop the discrimination, harassment, or retaliation.

6. Any other information the complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.

The accused also is encouraged to provide as much information as possible in connection with the investigation.

Resolution of a Filed Grievance

The Title IX Coordinator in partnership with other College officials, as deemed appropriate by the College, will review the information gathered in the investigation process and determine next steps. The resolution process typically includes the following elements, which may be modified by the College in its discretion to fit the circumstances of a particular case:

The Title IX Coordinator will be responsible for an investigation either alone or with one or more other school officials as deemed appropriate by the College and as outlined above.

1. Once the investigation is concluded, the Title IX Coordinator will prepare a report of the investigation and a determination of "violation" or "no violation" as well as what the recommended corrective actions and remedies appropriate for the determination, if warranted, will be. Unless the report is questioned or appealed, the report will stand as the resolution.

2. The standard for determining responsibility that will be used to determine whether this policy has been violated is whether it is more likely than not that sexual discrimination or violence occurred. This is often referred to as a "Preponderance of the Evidence" standard.

3. Appropriate, corrective action/remedies by the College will serve to: eliminate the policy violation, prevent the recurrence of the violation, and address the effects of the violation (in accordance with the Grievance Procedures contained herein).

4. Within seven (7) days of the conclusion of the investigation, both the complainant and the accused will be informed in writing by the Title IX Coordinator of the outcome of the investigation. The letter will state the ruling of "violation" or "no violation" of the policy and any corrective actions/remedies that will be put into place. This written notice will be issued concurrently to the complainant and the accused.

Allegations of sexual assault or sexual violence will not be resolved by mediation.

Sanctions and Recommendations for Violation of Title IX For Students 

Reprimand 

Written notice that continuation or repetition of improper conduct may be cause for further disciplinary action. 

Restitution 

Compensation for damages to property owned by the College, limited to actual cost of repair or replacement.

Probation 

This sanction is for a designated period of time, which may include exclusion from privileges, such as extracurricular activities and/or on-campus driving privileges. Furthermore, if the student is determined by any of the disciplinary procedures herein to be in subsequent violation of the Code of Student Conduct during the probationary period, the student may be either suspended or expelled. Provisions of the probationary period shall be determined and expressed by the Title IX Coordinator.

No Contact Orders 

Written notice to cease all contact with an alleged victim of sexual misconduct. 

Cease and Desist Orders 

The alleged perpetrator will be directed by written notice to cease and desist any activity noted by the alleged victim as offensive or threatening and that may be a violation of the Title IX & Sex Discrimination Policy. 

Voluntary Withdrawal

A student may be given the option to voluntarily withdraw from a class or from the College in lieu of disciplinary action. The Title IX Coordinator, in some circumstances, may specify a period of time before the student may apply for readmission or reenroll in a class or classes. To qualify for readmission, the student must receive approval from the Dean of Instruction and meet the academic standards for readmission. Students will not be eligible for any refund from the College. (If a student withdraws before disciplinary procedures are carried out, the student will be subject to discipline as may be imposed by the designated College official at the time of reentry into the College).

Suspension 

Separation from the College for a definite period of time. A student may be suspended for a specific period of time not to exceed two (2) years. To qualify for readmission after suspension, a student must receive approval from the Dean of Instruction and meet all reasonable requirements and academic standards for readmission. Students will not be eligible for any refund from the College. 

Expulsion

An indefinite termination of student from the College for a period of not less than two (2) years. To qualify for readmission after expulsion, a student must receive approval from the Dean of Instruction and meet all reasonable requirements and academic standards for readmission. Students will not be eligible for a refund from the College. Under certain conditions, expulsion could mean permanent severance from the College. 

Other Requests of the victim as deemed appropriate. 

Sanctions and Recommendations for Violation of Title IX For Employees

For violations of this policy by faculty or staff members, disciplinary penalties (in accordance with the employment laws, regulations, and policies governing the employee in question) may include: 

1. Counseling or training; 

2. Written warning; 

3.  Reprimand; 

4. Suspension with or without pay; 

5. Demotion; 

6. Termination;

7. Other requests of the victim as deemed appropriate. 

Interim Protective Measures

The College reserves the right to suspend or place on immediate administrative leave any member of the campus community accused of violating this policy, or to take any other interim measures the College deems appropriate, pending the outcome of an investigation and/or disciplinary proceedings. Such interim measures can include, but are not limited to, placing an employee on paid or unpaid administrative leave, removing a student from campus and/or current classes, modifying course schedules, and issuing a "no contact" order, among many other remedies.

Prohibition Against Retaliation

Retaliation exists when action is taken against a participant in the complaint process that adversely affects the individual’s employment or academic status and is motivated in whole or in part by the individual’s participation, or lack thereof, in the complaint process.

No individual involved in a complaint alleging a violation of this policy or participating in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.

Appeals

Appeals must be requested in writing to the Title IX Coordinator within seven (7) days of receipt of a written outcome of an investigation. The appeals process is outlined below:

1. Either party may appeal the decision of the investigation in writing to the Title IX Coordinator within seven (7) days of receiving the written notice.

2. Appeals must include relevant new information for consideration. This would include information that was unavailable at the time of the decision, concerns about procedural errors or concerns about the level of sanction imposed according to the policies of the College. Disagreement with the findings of an investigation is not sufficient grounds for appeal.

3. The Title IX Coordinator will carry the appeal with the documentation of all previous proceedings to the President of the College or her designee. The President or her designee will be the final arbiter on all appeals of rulings of violation of the Policy. The President or her designee will lead an Appeals Committee made up of herself and two other administrators who have otherwise not been previously involved in the complaint.

4. The Appeals Committee may request written submissions from either party or consider any other information as deemed appropriate by the school. Both parties will be informed in writing of the outcome of any appeal within fourteen (14) days of the date by which all requested information is received unless the College determines that additional time is required.

Rights and Complaints of Accused Parties 

Complainants and accused parties shall be provided with the following in connection with any proceeding used to reach a decision regarding whether any violation of this Policy has occurred.

Rights of Complainants

The opportunity/right to speak on one’s own behalf;

To be accompanied by an advisor or support person who may take notes and advise the complainant, but not otherwise participate;

To present witnesses who can speak about the alleged conduct at issue;

To present other evidence on one’s own behalf;

To be informed of the outcome of the investigation or other proceeding;

And to appeal the outcome of the proceeding.

Rights of Accused Parties

The right to a written explanation of the alleged violations of this policy;

The opportunity/right to speak on one’s own behalf;

To be accompanied by an advisor or support person who may take notes and advise the accused, but not otherwise participate;

To present witnesses who can speak about the alleged conduct at issue;

To present other evidence on one’s own behalf;

To be informed of the outcome of the investigation or other proceeding;

And to appeal the outcome of the proceeding.

601.06: Fraternization

Enterprise State Community College is committed to providing its students with an to educational environment that nurtures learning and personal growth. In furtherance of this goal, the College encourages its faculty and staff to establish and maintain warm and caring relationships with students. However, relationships between faculty or staff members and students inherently involve disproportionate power and influence on one side, making the relationships susceptible to abuse, either conscious or unconscious. For this reason, the College prohibits its employees from improper fraternization with students.

Improper fraternization with students involves any conduct that could lead to an unprofessional relationship or create the impression that such a relationship exists. Examples of such conduct include, but are not limited to:

• Engaging in any romantic or sexual relationships with students, including dating, flirting, sexual contact, inappropriate physical displays of affection, or sexually suggestive comments between employees and students;
• Fostering, encouraging, or participating in inappropriate emotionally or socially intimate relationships with students that could reasonably cause a student to view the employee as more than an instructor, administrator, or advisor;
• Initiating or continuing communications with students for reasons unrelated to any educational, professional, or other appropriate purpose, including communications through oral or written messages, telephone calls, electronic means such as texting, instant messaging, email, chat rooms, Facebook, or other social networking sites, or through webcams, or photographs;
• Socializing with or entertaining students outside of class time for reasons unrelated to any educational, professional, or other appropriate purpose;
• Providing alcohol or drugs (either prescription or illegal) to students (regardless of student age) or partaking in the use of such substances with students.

 

This policy applies regardless of whether the employee or student initiates the behavior, whether the relationship is consensual, or whether the student has parental permission.

All reasonable allegations or complaints of fraternization between students and employees will be investigated. In the event that improper fraternization is reported and confirmed, the College employee is subject to disciplinary action in accordance with the College's Progressive Discipline Policy and Alabama's Students First Act.

Certain exceptions will exist to this policy, including circumstances in which the spouse or partner of a college employee becomes student at the College. This fraternization policy does not apply in such circumstances. The supervising dean, or the College president in absence of a supervising dean, in consultation with the Director of Human Resources, will determine whether an exceptional circumstance applies.

602.01: Appointment and Assignment of Personnel

The President shall appoint the faculty and staff and shall make assignments of faculty and staff at the local level. Faculty and staff will be appointed according to the qualifications and policies approved by the Alabama Community College System Board of Trustees and the credentials, experience, and/or demonstrated competencies determined by the President. Any appointment or assignment of personnel determined to be contrary to any statute, ACCS policy or procedure, or college policy may be reversed, and the Chancellor will be notified of any reversals of appointments or assignments resulting from this policy.

A full-time consenting employee may be transferred from one college to another college, from the Alabama Community College System office to a college, or from a college to the Alabama Community College System office with the agreement of both the transferring and receiving Presidents or Chancellor, and with the approval of the Chancellor.

A full-time Alabama Community College System office employee seeking transfer to an institution must submit a written request for transfer and receive written approval from the receiving President and Chancellor. A full-time institution employee seeking transfer to the System office must submit a written request for transfer and receive written approval from the transferring President and the Chancellor.

602.02: Posting and Hiring

Posting
The President shall post notices for all personnel vacancies, full-time and part-time, temporary and non-temporary, for all salary schedules, except Schedule A.

All vacancy notices shall be posted on the ESCC website and in an area in plain view at the main campus and all instructional sites at least fourteen (14) calendar days before the position is to be filled, unless an emergency posting applies as stated in Section III.

Notice of Vacancy
The vacancy notice shall include, but is not limited to, the following:

• Job description;
• Title;
• Required qualifications;
• Salary schedule;
• Amount of Pay;
• Information on where to submit an application;
• Information on any deadlines for applying;
• A contact telephone number for questions;
• Any other relevant information.
  

Emergency Posting
When a personnel vacancy occurs during an academic term and is not a supervisory, managerial, or newly created position, the vacancy notice shall be posted not less than seven (7) calendar days before the position is to be filled. In cases of dire emergency, any delay in the posting of notices shall be only temporary in order to reasonably meet the emergency conditions that may arise.

Internal Posting
Internal postings are permitted to fill a current institutional position with a current institutional employee. These notices must be posted in accordance with Section I before the position is to be filled. No other posting is required before the President may fill the position at his/her discretion.

Continuous Posting
For adjunct instructors, clinical instructors, tutors, and part-time, on-call, or hourly employees only, a continuous vacancy notice may be posted on the institution’s website and posted in an area in plain view at each institution’s main campus and all instructional sites and may state “open until filled.” However, if a continuous vacancy notice has not been posted as stated in this section for at least 14 days prior to hiring, these positions must be posted in accordance with Section I.

Temporary/Interim Positions
Temporary/interim positions may be selected at the discretion of the President but must be for a duration for one year or less. No extension beyond one year may be granted without the written approval of the Chancellor. Notices for temporary/interim positions must be posted in accordance with Section I.

Hiring
The President is responsible for all searches and documentation thereof and retains all hiring authority for positions at the college, except the Presidency.

Transfers or Reorganizations
Transfers or Reorganizations of existing personnel are not intended to be covered under this Policy.

602.03: Temporary Assignment

The President or designee may assign employees to temporary assignments which require them to be absent from their regular duties. Employees on temporary assignment will receive their regular salary and may be allowed remuneration for their expenses in accordance with institution and Board of Trustee policy. Temporary assignments may not be made for the purpose of earning college credit.

602.04: Internal Employee Transfers

The President is responsible for all internal College transfers and is responsible for complying with Alabama’s Students First Act found at Alabama Code §16-24C-7.

The President has the authority to transfer or reassign any employee, at any time, as the needs of the college require, to any position or work location within the college, which the employee is qualified.

Transfers are appropriate as permitted under the Students First Act or when moving an existing college employee to a previously-existing college position.

Internal posting rules are appropriate and may be used for transfers.

Notice must be provided to affected employees as stated in the Students First Act.

602.05: Reorganizations

Reorganizations are modifications to positions that both currently exist at the institution and have been filled previously through a regular search process. Reorganizations may involve shifting duties that currently exist within positions at the College or adding new duties to a current position at the College. The reorganization may include changes of title, salary schedule placement, job duties, or level of responsibility, but it cannot create a fundamentally new position or an entirely new set of duties or responsibilities.

Reorganizations require written approval of the Chancellor before implementation, including any changes to salaries.

Temporary employees cannot be reorganized into a non-temporary position.

Positions which have not been filled through a regular search process are not eligible for reorganization.

In order to request the approval of a reorganization, the President sends a letter of request to the Chancellor with a detailed description of the reorganization. The letter must include a narrative description and justification of the proposed changes as well as the proposed effective date. The President's letter of request shall certify that the reorganization is necessary and appropriate to expand, realign, or otherwise modify the reorganized position for legitimate reasons not related to discriminatory reasons, such as race, gender, or disability. The President's letter shall include a Reorganization of Positions form.

Upon receiving the Chancellor's written approval of the reorganization, the reorganization will be effective without the reorganization being considered as a vacancy for which posting is required.

603.01: Offers of Employment

Employment Notices

The President may offer employment notices for one semester, two semesters, a summer term, or a full year, as appropriate to librarians, counselors, and instructors, provided there is sufficient enrollment and funds are available. 

Adjunct Faculty

Adjunct faculty members are employed to teach specific classes and are compensated on the basis of credit or contact hours taught. They are given orientation and direct supervision by the Division Chair. Adjunct faculty are issued a Letter of Appointment on an as-needed, semester-by-semester basis. 

Training for Existing Business & Industry and Continuing Education Instructors Continuing Education instructors are issued a Letter of Appointment to teach non-credit special interest classes and are selected according to their ability, credentials, and proficiency in the subject matter. Compensation is based on the length of the class, type of class, and enrollment of the class. These instructors are issued a Letter of Appointment on an as-needed, class-by-class basis. 

Summer Employment of Salary Schedule D Employees

1. A full-time Schedule D employee who is employed by virtue of an academic year letter-of appointment (fall and spring semesters) shall have first option (over part-time or temporary employees) for employment in the summer term provided that: 

a.                   there is sufficient student enrollment: 

b.                  there is sufficient funding available; 

c.                   the employee is qualified to provide the service scheduled; 

d.                  the employee meets the criteria of the institution’s local summer employment policy;  

e.                   instructors may be given priority for summer teaching only in courses taught by the employee in the most recent fall and/or spring semesters. 

2. See Summer Employment Procedures 

Employment Requirements

1. It is the responsibility of all employees to have on file in the Human Resources Office the following documentation: 

a. Official transcripts, certifications, and licenses 

b. Employment Eligibility Verification 

c.  Completed New Employee Paperwork (tax forms, insurance forms, retirement forms, etc.) 

d . Other required employee documentation, including State and Federal withholding forms, and Payroll Direct Deposit Authorization, must be completed and submitted to the Payroll or Human Resources Office at the beginning of employment. 

e. Completed and signed Ethics Certificate

f. Family Relationship Disclosure Form 

2. Pursuant to the Alabama Community College System Board of Trustees Policy 623.01: Criminal Background Checks, all employees are required to submit a completed consent form for the purpose of conducting a criminal background check prior to employment. New employees are required to submit payment for the background check to the College unless the President deems such payment places an undue hardship on the employee. In which case, the College will be responsible for payment. Continued employment is contingent upon the findings of the background check. 

3. The Human Resources Office verifies the educational credentials of all new employees and the accreditation of the institutions from which the employees received diplomas, certificates, degrees, or additional coursework. Each new employee is required to have included in his/her personnel file official copies of all postsecondary education transcripts. The Human Resources Office and the immediate supervisor verifies that the official transcripts document the appropriate credentials have been earned by the employee. 

4. The Human Resources office verifies the experience credentials of all new employees. Each new employee is required to submit letters of employment verification from previous or current employers verifying work experience relevant to the position in which the employee was hired. The letters of verification must include the beginning and ending dates of employment, employment title, and indicate if the employment was full or part time. Initial placement on the appropriate schedule will be determined by the President based upon Salary Schedule Guidelines issued by the Chancellor and using the College’s ratio of awarding one year of step credit for one year of directly related experience outside of public education in Alabama. 

5. All employees of the Alabama Community College System are required to complete ethics training. Employees of ESCC are required to complete this ethics training as part of the new employee orientation program. 

6. All employees of the Alabama Community College System are required to review and acknowledge receipt of the ESCC Harassment Policy, Title IX Policy, Drug Policy, and Smoking Policy. 

7. Applicants for employment are required to complete the section of the application for employment relating to the disclosure of relatives. It is the responsibility of the employee to inform the College if a change in status occurs which involves the relationship of a qualifying individual: spouse, dependent, adult child and his or her spouse, parent, spouse’s parents, sibling, and his or her spouse. A Family Disclosure Form is required to be completed upon hire. 

8. The College requires all classified employees and instructors to acknowledge receipt of any Letter of Appointment (LOA) presented to the employee by the College by personally signing and returning the LOA within five days of receipt. Failure to timely sign and return a LOA as stated herein is a violation of the College policy and a failure to satisfactorily perform required job duties, which serves as grounds for disciplinary action up to and including dismissal. 

9. Beginning employment is contingent upon the above information being provided in a timely manner.

Employee Orientation/Supervision

1. Orientation and supervision: The immediate supervisor is responsible for their subordinate employees’ direct supervision, orientation, and adherence to policies of the institution. 

2. The immediate supervisor, Information Technology, and/or Human Resources Office will conduct an orientation for new employees of the College. Adjunct faculty members are employed to teach specific classes. They are given orientation and direct supervision by the Division Chair. 

E-Verify Policies and Procedures

Enterprise State Community Colleges complies with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (Act 2011-535). The final determination of an unauthorized alien shall be vested in the federal government. 

COMPENSATION

Salary Disbursement 

Payroll direct deposit is issued on the last working day of the month. The Business Office distributes information related to direct deposit. 

Full-time faculty members have the option of being paid their nine-month salary in nine months (September-May) or in twelve months (September-August). Payments for full-time faculty for summer classes will be paid based on the combination of evening, mini-session, or full-term classes determined by summer employment notice. 

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

1. Persons beginning or ending employment at a time which 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. 

2. The daily rate for the nine-month term (academic year) shall be determined by dividing the nine-month salary by the number of working days (exclusive of all holidays). This same rate is also applied to compute payment of partial summer employment (number of days x daily rate). A person terminating employment before his or her contract is fulfilled may receive a reduced "last payment" or be required to reimburse the College for salary overpaid. 

Salary Placement

Salary schedules for all personnel, other than employees compensated from local C3 and L schedules, have been developed and approved by the Alabama Community College System Board of Trustees. Copies of current salary schedules are located on The Insider as well as the Human Resources Office. 

Adjunct, Part-Time, and Overload Rate

Classes taught by adjunct or part-time faculty may be compensated on an hourly rate that varies according to the type of program or courses taught. Part-time faculty are paid on a pro-rata full-time salary or on an hourly basis depending on the type of program or courses taught. Adjunct faculty are paid at a set rate per credit hour or contact hour and are contracted on an as-needed basis. Adjunct pay is subject to pro-ration for time not worked. Full-time faculty teaching overloads are paid at a per credit hour rate for the overload class(es).

Part-Time College Employee Compensation Guidelines

Part-time employees shall be paid in accordance with qualifications. If the employee is to be paid on a local wage or salary schedule, the employee will still be paid based on qualifications, although a local salary schedule need not have the same number of qualification levels as a state schedule. 

In no event shall a part-time employee be paid a higher wage or salary under a local salary schedule than he/she would be entitled to if paid a pro-rata salary based on the B, C, D, or E salary schedule. 

If the College uses a local schedule for a given job title or type of position (for example, instructor) then the same schedule shall be used for all part-time employees in similar positions. In other words, all such part-time employees shall be paid in accordance with the same schedule, whether it is a local schedule or a statewide schedule.

603.02: Policy for Summer Employment of Instructors, Counselors, and Librarians

Summer employment for full-time instructors, counselors, and/or librarians employed on nine month contracts is neither guaranteed nor required. Employees in such positions should notify the appropriate division director, campus/site director, or instructional dean by December 1 of their intent/desire to work full-time, part-time, or not at all in the upcoming summer term. Offers of summer employment will be based on student enrollment and the needs of the College. The following guidelines apply:

1.   Full Time Instructor Teaching Loads

a.    Academic and career/technical faculty members will be considered full-time with 12 – 13 credit hours.

b.   Aviation Maintenance Technology and Avionics Technology faculty will be considered full- time with 10 credit hours.

c. Reduction in teaching loads for full-time employment may be granted on an individual basis for additional duties or advanced training deemed necessary by the Dean of Instruction and President for the continued successful operation of the college and/or the instructional program. Appropriate documentation from the Dean of Instruction must accompany the instructor’s contract for that term.

2.   Compensation

a.    Instructors, counselors and librarians employed full time in a summer term will receive compensation at the rate indicated on the then current Salary Schedule D1 at the employee’s assigned rank and step placement.

b.   If there is insufficient student enrollment to offer a full-time instructor a full-time contract for the summer term, the instructor may be offered a reduced teaching load.   Compensation for a reduced teaching load shall be calculated on a pro rata basis, i.e. proportional to the ratio of the number of credit hours taught to the minimum number credit hours constituting a full load as defined above.

3.   Enrollment Requirement

a.    Division Directors may approve course sections that have 10 or more students enrolled. 

b.   Any course sections with fewer than 10 students must be approved by the Dean of

Instruction.

c. Any course sections with fewer than 7 students must be approved by the President.

4.   Assignment of Classes

a.   Faculty members may be given priority for summer teaching only in those areas in   which they taught on a regular basis during the preceding fall and spring semesters..

b.   Full-time faculty members, regardless of campus or instructional site, will have priority consideration for summer employment over adjunct (part-time) faculty members.

c.   Full-time faculty members, such as Division Directors, on Salary Schedule D who have administrative responsibilities that require continuous effort throughout the entire year will be given priority for summer employment over other full-time faculty members.

d.   Other full-time faculty members will be given priority for summer employment according to a priority employment rotation schedule as follows:

i. Each discipline’s Division Director shall be issued an initial roster of full-time faculty members listed in order of seniority using guideline number five (5) (Determination of Seniority) given below.

 

ii. If full-time teaching loads are not available for all full-time faculty members in a

discipline who desire full-time teaching contracts, then courses will be assigned to the instructor with greatest seniority first, until a minimum load for his/her full-time employment is reached.  Remaining courses will then be assigned to the instructor with the next greatest seniority until a minimum load for his/her full-time employment is reached. This process will continue until all courses have been assigned. The priority employment list will then be “rotated” for the succeeding summer term, with faculty members who worked full-time during the initial summer term rotating down in the priority employment list and faculty members who desired but were denied a full-time teaching load rotating to the top of the list

 

iii. Any faculty member who voluntarily chooses to work part-time, or not at all, in a

given summer term cannot improve his/her placement in the rotation schedule for

the following summer term by moving to the top of the rotation schedule.

iv. If full-time teaching loads are available for all full-time faculty in a given discipline, the rotation schedule will remain the same for the following summer.

v.  Each summer priority employment list (rotation schedule) will be reviewed and verified annually by the Division Director and approved by the Dean of Instruction. Copies of the approved schedule will be maintained in the Division Director’s office and in the Dean of Instruction’s office. Updated rotation schedules are due to the Dean of Instruction for approval by the second Friday in the fall semester of each year.

vi. For further clarification of this procedure, examples of the correct implementation of the summer priority employment rotation principle are included in the attachment to this policy.

5.   Determination of Seniority

a.   Seniority is defined as the faculty member with the longest full-time employment at the college within that faculty member’s original hired position as indicated in the Human Resources Office. A faculty member may not claim seniority in a field in which the faculty member was not originally hired.

b.   If a tie exists in academic faculty seniority, the tie shall be broken by the following:

i.   Higher rank on Salary Schedule D. If equal, then

 

ii. Greater number of graduate hours in in-field course work calculated from college transcripts in the official personnel file located in the Human Resources Office.  If equal, then

 

iii.   Greater total number of graduate hours calculated from college transcripts in the official personnel file located in the Human Resources office.  If equal, then

 

iv.   Greater length of service as a full-time qualified employee of the institution on any salary schedule.  If equal, then

 

v.   Greater length of service as a full- or part-time employee of the institution on any salary schedule.

c.   If a tie exists in technical (including Aviation Maintenance and Avionics) faculty seniority, the tie shall be broken by the following:

 

  i.   Higher rank on Salary Schedule D. If equal, then

  ii.  Greater number of hours in in-field coursework (graduate or undergraduate) calculated from college transcripts in the official personnel file located in the Human Resources Office. If equal, then

  iii.  Greater total number of hours (graduate or undergraduate) calculated from college transcripts in the official personnel file located in the Human Resources office. If equal, then

  iv.  Greater length of service as a full-time employee of the institution on any salary schedule. If equal, then

  v.   Greater length of service as a full- or part-time employee of the institution on any salary schedule.

Examples of Correct Implementation of the Summer Employment Rotation Schedule

Example 1.

Four employees, A, B, C, and D are employed by the College as full-time English instructors and are ranked by seniority in the order A, B, C, D. In Year 1, there are enough classes available in summer term for only two faculty members to have a full load. There are no excess classes for any of the other two instructors to be assigned even a partial load.  All four instructors desired to teach a full load.

Instructors A and B are offered full loads and accept.  Instructors C and D are offered no loads. Then in Year 2, the summer employment priority list would be ordered as C, D, A, B.

Example 2.

Four employees, A, B, C, and D are employed by the College as full-time English instructors and ranked

by seniority in the order A, B, C, D. In Year 1, there are enough classes available in summer term for only two faculty members to have a full load. There are no excess classes available for any of the other two instructors to be assigned even a partial load. All instructors desire a full load, except for instructor B, who voluntarily chooses not to work at all.  So a full load is assigned to instructors A and C, and

instructor B and D receive no load. Then in Year 2, the summer employment priority list would be ordered as D, A, B, C.

Note that in Example 2, the only instructor who is “moved to the top” of the priority list for Year 2 is the

only instructor who did not receive the amount of teaching load requested (which was instructor D).

Example 3.

Four employees, A, B, C, and D are employed by the College as fulltime English instructors and ranked by seniority in the order A, B, C, D. In Year 1, there are enough classes available in summer term for only two faculty members to have a full load. There are enough excess classes for exactly one faculty

member to have a partial load. All instructors desire a full load.  Full loads are assigned to instructors A and B and a partial load is offered to instructor C, who accepts. Instructor D receives no load. Then, in Year 2, the summer employment priority list would be ordered as C, D, A, B.

It should be noted in this example that the rotation from Year 1 to Year 2 results in a priority employment list for Year 2 that gives priority to instructor C over instructor D because instructor C desired a full load, but was denied a full load, and according to policy, retains his/her existing priority placement for the succeeding summer term.  In other words, instructors who are denied full-time teaching loads in the summer but do receive partial loads are treated the same under this policy as instructors who are denied a load of any amount.

Example 4.

Four employees, A, B, C, and D are employed by the College as full time English instructors and are ranked by seniority in the order A, B, C, D. In Year 1, there are enough classes available in summer term for only two faculty members to have a full load. There are no excess classes for additional partial loads to be assigned.  Instructor D requests a full load, instructor A requests a ½ load and Instructors B and C each request ¼ load.  All requests are granted. Then in Year 2, the summer employment priority list would remain unchanged as A, B, C, D.

Note that in this example, every instructor received the amount of employment he/she requested for the summer, so no instructor’s position was changed on the priority list for Year 2.

603.03: Policy for Summer Employment of Aviation Maintenance Technology Instructors

Summer employment for full-time instructors employed on nine month contracts is neither guaranteed nor required. Employees in such positions should notify the appropriate Division Chair of their intent/desire to work full-time, part-time, or not at all in the upcoming summer term. Offers of summer employment will be based on student enrollment and the needs of the college. The following guidelines apply only to AMT instructors: 

Full-time Instructor Teaching Loads 

1. Aviation Maintenance Technology instructors will be considered full-time with 10 credit hours. 

2. Reduction in teaching loads for full-time employment may be granted on an individual basis for additional duties or advanced training deemed necessary by the Dean of Instruction and President for the continued successful operation of the college and/or the instructional program. Appropriate documentation from the Dean of Instruction must accompany the instructor’s contract for that term. 

Compensation

1. Instructors employed full-time in a summer term will receive compensation at the rate indicated on the then current Salary Schedule D1 at the employee’s assigned rank and step placement. 

2. If there is insufficient student enrollment to offer a full-time instructor a full-time contract for the summer term, the instructor may be offered a reduced teaching load. Compensation for a reduced teaching load shall be calculated on a pro rata basis, i.e. proportional to the ratio of the number of credit hours taught to the minimum number credit hours constituting a full load as defined above. 

Assignment of Classes 

1. Full-time faculty members will have priority consideration for summer employment over adjunct faculty members. 

2. Division Chairs will be given priority for summer employment over other full-time faculty members. The Dean of Instruction or Division Chairs may also make class assignments in the best interest of the college and its students.

3. Other full-time faculty members will be given priority for summer employment according to a rotation schedule as follows: 

   1. Each division will use a standard, seniority-based rotation. During the first year of the rotation, the instructor with the highest seniority will have the first option in choosing classes. 

   2. If an instructor’s chosen or assigned classes are cancelled, the instructor will teach a reduced load and will not receive additional teaching assignments unless a college or division need arises.

   3. The employment list will be rotated for each succeeding summer term with the senior faculty moving to the bottom of the list.

   4. Each summer priority employment list (rotation schedule) will be reviewed and verified annually by the Division Chair and approved by the Dean of Instruction. 

4. Overloads will not be offered to any full-time instructor until all full-time instructors have had the opportunity to teach a full load.

Rotation Placement

1. Seniority is defined as the faculty member with the longest full-time employment at the college within that faculty member’s original hired position as indicated in the Human Resources Office. A faculty member may not claim seniority in a field in which the faculty member was not originally hired. 

2. An instructor hired to teach in two disciplines will maintain a position in his or her primary discipline’s rotation and will be utilized in the second discipline’s rotation as needed. 

3. The primary rotation of instructors hired to teach in two disciplines will be determined by the Dean of Instruction.

4. New hires will be placed into the rotation after the last new hire.

605.02: Faculty Qualifications

1.                            The credentials are organized according to teaching areas.  The following groups are presented:

1.1.       Group A. This group of requirements shall be used for instructors teaching credit courses in the following areas: humanities/fine arts; social/behavioral sciences; natural sciences/mathematics; and in professional and career technical areas that are components of associate degree programs designed for or usually resulting in college transfer to baccalaureate degree programs. This group is also used for instructors teaching credit courses that are not designed for or do not usually result in college transfer in cases where articulation agreements exist that require instructors to maintain Group A credentials for transfer.

1.2.    Group B. This group of requirements shall be used generally for instructors teaching credit courses in professional and career technical areas that are components of associate degree programs not usually resulting in college transfer to baccalaureate degree programs. There are courses that do not usually result in college transfer but that transfer under articulation agreements where instructors teaching those courses must be credentialed under Group A rather than Group B.

1.3.     Group C.  This group of requirements shall be used for instructors teaching credit courses in

                              certificate programs.

 

2.                            All instructors will be "grandfathered" in their current rank and group placements.

2.1.    Rank IV-Group A

2.1.1.  Degree Requirement: Earned Doctorate

2.1.2.  In-field Requirement:

Option (a)      Earned doctorate in-field

Option (b)    Fifty-four (54) graduate semester hours of coursework in the teaching

                                                                                   field.

Option (c)    (Accepted only when fifty-four (54) graduate semester hours of

coursework in the teaching field is unavailable at any accredited institution of higher education.)

            Fifty-four (54) graduate semester hours of course-work in a combination 

            of teaching field, related field, and/or education.

Option (d)          (Acceptable only when an instructor has two teaching assignments.)

Thirty-six (36) graduate semester hours in a major teaching field with eighteen (18) graduate semester hours in a second teaching area.

2.2.    Rank IV-Group B

2.2.1. Degree Requirement:

Option (a)        Specialist degree (minimum thirty (30) graduate semester hours beyond the master's degree in a planned program) plus thirty (30)

additional graduate semester hours.

Option (b)             Specialist degree (minimum of thirty (30) graduate semester hours beyond the master's degree in a planned program) plus the equivalent of thirty (30) additional graduate semester hours as stipulated in 2.2.2.(c) below.

2.2.2.   In-field Requirement

Option (a)          Thirty-six (36) graduate semester hours in teaching field.

Option (b)             (Acceptable only when thirty- six (36) graduate semester hours in the teaching field in unavailable at an accredited institution of higher education.) Thirty-six (36) graduate semester hours is a combination of the teaching field and/or related field; or, if unavailable, thirty-six (36) graduate semester hours in a combination of teaching field, related field, or education.

Option (c)             Twenty- four (24) graduate semester hours in accordance with Option (a) or (b) above plus the equivalent of thirty (30) graduate semester hours of corporate or other external formal training as determined below:

The (30) graduate semester hours equivalent will be determined for each program area by the College.

2.2.3.   Work Requirement

Three years of successful full-time experience as a practitioner in the vocational field and successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment.

2.3.    Rank IV-Group C

2.3.1.   Degree Requirement:

Specialist degree (minimum of thirty (30) graduate semester hours beyond the master's degree in a planned program.)

2.3.2.   In-field Requirement:

  Option (a)       Thirty-six (36) graduate semester hours in teaching field.

  Option (b)           (Acceptable only when thirty-six (36) graduate semester hours in 

  the teaching field are unavailable at any accredited institution of  

  higher education.) Thirty-six (36) graduate semester hours in a  

  combination of teaching field and/or related field; or, if unavailable,

  thirty-six (36) graduate semester hours in a combination of teaching

  field, related   field, and/or education.

   Option (c)           Six (6) graduate semester hours in accordance with Options (a) or 

                                                       (b) above plus the equivalent of thirty (30) graduate semester hours

                                                       of corporate or other external formal training as determined below:

 The thirty (30) graduate semester hours equivalent will be determined 

 for each program area by the College.

2.3.3.   Work Requirement

Six (6) years of successful full-time experience as a master craftsman/ journeyman in the vocational field with competency demonstrated through successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment

2.4      Rank III-Group A

2.4.1.   Degree Requirement:

Specialist degree (minimum of thirty (30) graduate semester hours beyond the master's degree in a planned program) plus thirty (30) additional graduate semester hours.

2.4.2.   In-field Requirement:

                         Option (a)      Fifty-four (54) graduate semester hours in the teaching field.

                         Option (b)      (Acceptable only when fifty-four (54) graduate semester hours in the

                                               teaching field is unavailable at any accredited institution of higher

education.) Fifty-four (54) graduate semester hours in a combination of the teaching field and/or related field; or, if unavailable, thirty-six (36) graduate semester hours in a combination of teaching field, related field, and/or education.

Option (c)       (Acceptable only when an instructor has two teaching assignments.) Thirty-six (36) graduate semester hours in a major teaching field with eighteen (18) graduate semester hours in a second teaching area.

2.5.   Rank III -Group B

2.5.1    Degree Requirement:

Option (a)      Specialist degree (minimum of thirty (30) graduate semester hours beyond the master's degree in a planned program).

Option (b)      Master's degree plus the equivalent of thirty (30) graduate semester hours equivalent as stipulated in 2.5.2.(c) below.

2.5.2.   In-field Requirements:

                         Option (a)        Thirty-six (36) graduate semester hours in teaching field.

                          Option (b)         (Acceptable only when thirty- six (36) graduate semester hours in 

the teaching field is unavailable at an accredited institution of      higher education.) Thirty- six (36) graduate semester hours in a combination of the teaching field and/or related field; or, if unavailable, thirty-six (36) graduate semester hours in a combination of teaching field, related field, or education.

Option (c)        Fifteen (15) graduate semester hours in accordance with Options (a) or (b) above plus the equivalent of fifteen (15) graduate hours of corporate or other external formal training as determined below:

The fifteen (15) graduate semester hours equivalent will be determined for each program area by the College.

2.5.3.   Work Requirement:

Three years of successful full-time experience as a practitioner in the vocational field and successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment.

2.6.    Rank III-Group C

2.6.1.   Degree Requirement:

Option (a)        Master's Degree

Option (b)        Baccalaureate degree plus the equivalent of thirty (30) additional graduate semester hours as stipulated in 2.6.2.(c) below.

2.6.2.   In-field Requirement

Option (a)        Eighteen (18) graduate semester hours in teaching field.

Option (b)        (Acceptable only when eighteen (18) graduate semester hours in the teaching field are unavailable at an accredited institution of higher education.) Eighteen (18) graduate semester hours in a combination of teaching field and/or related field; or, if unavailable, eighteen (18) graduate semester hours in a combination of teaching field, related field, and/or education.

Option (c)         The equivalent of thirty (30) graduate semester hours of corporate or other external formal training will be determined for each program area by the College.

2.6.3.  Work Requirement:

Six (6) years of successful full-time experience as a practitioner in the vocational field and successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment.

2.7.    Rank II-Group A

2.7.1.   Degree Requirement:

Specialist degree (minimum of a master's degree plus thirty (30) additional graduate semester hours in a planned program.

2.7.2.   In-field Requirement:

Option (a)        Thirty-six (36) graduate semester hours in the teaching field.

Option (b)        (Acceptable only when thirty-six (36) graduate semester hours in the teaching field is unavailable at any accredited institution of higher education.) Thirty-six (36) graduate semester hours in a combination

of teaching field and/or related field; or, if unavailable, thirty-six (36) graduate semester hours in a combination of teaching field, related field, or education.

Option (c)              (Acceptable only when an instructor has two teaching assignments.) Eighteen (18) graduate semester hours in a major teaching field with eighteen (18) graduate semester hours in a second teaching area.

2.8.     Rank II-Group B

2.8.1.  Degree Requirement:

Option (a)        Master's Degree

Option (b)       Baccalaureate degree plus the equivalent of thirty (30) graduate semester hours as stipulated in 2.8.2.(c) below.

2.8.2.   In- field Requirement

Option (a)         Eighteen (18) graduate semester hours in the teaching field.

Option (b)              (Acceptable only when eighteen (18) semester hours in the teaching field is unavailable at an accredited institution of higher education.) Eighteen (18) graduate semester hours in a combination of teaching field and/or related field; or, if unavailable, eighteen (18) graduate semester hours in a combination of teaching field, related field, or education.

Option (c)              The equivalent of thirty (30) graduate semester hours of corporate or other external formal training will be determined for each program area by the College.

2.8.3.  Work Requirement:

Three (3) years of successful full-time experience as a practitioner in the vocational field with competency demonstrated through successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment.

2.9.     Rank II-Group C

2.9.1.  Degree Requirement:

Baccalaureate Degree

2.9.2.     In-field Requirement

  Twenty-seven (27) semester hours in the teaching field or related field.

2.9.3.    Work Requirement:

Six (6) years of successful full-time experience as a practitioner in the vocational field with competency demonstrated through successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first year of employment.

 2.10.  Rank I-Group A

2.10.1.   Degree Requirement:

Option (a)        Master's Degree

Option (b)       (Acceptable only for creative and applied arts and occupational programs.) Baccalaureate degree plus in-field requirements in 2.10.2.(c) below.

2.10.2.  In-field Requirement

Option (a)          Eighteen graduate semester hours in the teaching field.

Option (b)             (Acceptable only when eighteen (18) graduate semester hours in the teaching field is unavailable at any accredited institution of higher education.) Eighteen (18) graduate semester hours in a combination of teaching field and/or related field; or, if unavailable, eighteen (18) graduate semester hours in a combination of teaching field, related field, or education.

Option (c)             (Acceptable only for 1(b) above.) Bachelor's degree with twenty-seven (27) semester hours in the teaching field, documented professional competency, and three (3) years full-time experience in the occupational area.

2.11.   Rank I-Group B

2.11.1.  Degree Requirement: 

 Bachelor's Degree

2.11.2.   In-field Requirement

Option (a)       Twenty-seven (27) semester hours in the teaching field.

                        Option (b)   Specialized coursework equivalent to the community or technical

                                                       college program.

2.11.3.  Work Requirement:

  Three years of successful full-time experience as a practitioner in the occupational,   

  technical, or vocational field.

2.12.   Rank I-Group C

2.12.1.   Degree Requirement:

Associate degree or equivalent (at least sixty (60) semester hours in a planned program   including associate degree core).

2.12.2.   In-field Requirement:

  Specialized coursework equivalent to the community or technical college program.

2.12.3.   Work Requirement:

Six (6) years of successful full-time experience as a practitioner in the vocational field  with competency demonstrated through successful completion of an approved occupational examination (e.g., NOCTI) or approved certification within the first two years of employment.

2.13.    Level 0-Group A: Level 0 is paid at Rank IB on the Salary Schedule.

(Instructors using these minimum requirements may only teach basic computation and communication skills in certificate programs or remedial courses.)

2.13.1.  Degree Requirement:

 Bachelor's Degree

2.13.2.  In-field Requirement:

 Twenty-seven (27) semester hours in the teaching field.

2.14.   Level 0-Group B: Level 0 is paid at Rank IB on the Salary Schedule.

              2.14.1.  Degree Requirement:

Associate Degree

2.14.2.   In-field Requirement

 Major in assigned teaching area.

2.14.3.   Work Requirement:

Three (3) years successful full-time experience as a practitioner in the occupational or technical field.

2.15.  Level 0-Group C: Level 0 is paid at Rank IB on the Salary Schedule.

2.15.1.  Degree Requirement:

Associate degree or equivalent (at least sixty (60) semester hours in a planned program

including associate degree core.)

 

2.15.2.  In-field Requirement

 

            Specialized coursework equivalent to the community or technical college program. 

2.15.3. Work Requirement:

Three (3) years successful full-time experience as a practitioner in the occupational or technical field.

605.03: Aviation Instructor Credential Exemption

Instructors at the Alabama Aviation College may be hired with the following credentials per approval from the Chancellor’s office in 2018:   high school diploma and appropriate FAA license (Airframe and/or Powerplant) with six years of industry/teaching experience.

606.01: Compensation for Alabama Community College System Personnel

With the exception of college presidents, personnel employed at Enterprise State Community College and entities shall be paid according to salary schedules adopted by the Alabama Community College System Board of Trustees and from local salary schedules adopted by Enterprise State Community College.

606.03: Salary Schedule Exemptions

All salary schedule exceptions must be approved by the Chancellor.

606.04: Placement of Current Salary Schedules

Current year salary schedules adopted by the Alabama Community College System Board of Trustees and local salary schedules adopted by Enterprise State Community College shall be accessible on the college’s or entity’s website.

606.05: Extra Duty Pay

The President of Enterprise State Community College may designate supplements as established in the Board of Trustee's approved salary schedules for extra duty pay.

The President may designate additional supplements based on unique and compelling circumstances, subject to the Chancellor's written approval. Additional supplements awarded without prior written approval from the Chancellor will be deemed invalid and subject to return.

606.07: Campus Police - Retainment of Badge or Pistol

Campus police shall retain badge and/or pistol in accordance with Alabama State law upon retirement, disability, or death.

 

Policy Procedures

All Alabama Police Officer Standards and Training (APOST) certified campus police employed by System institutions shall receive their badge and pistol, without cost, upon retirement in good standing from the institution.

The survivor of an APOST certified campus police officer who is killed in the line of duty while employed by a System institution shall receive the employee's badge.

All APOST certified campus police who are deemed disabled and eligible for retirement as a result of any injury received in the line of duty while employed by
System institutions shall receive a retirement badge such as is provided to regularly retired officers.

606.08: Emergency Shelter Duty and Pay Provision

The Governor of Alabama will initially direct the emergency call for shelters and the Chancellor will dispense a directive to the select college Presidents to open an emergency shelter.

The President or President's designee may assign employees to assist in managing and maintaining college facilities when such facilities are activated to provide shelter to disaster evacuees in accordance with applicable Federal Emergency Management Agency and Alabama Department of Emergency Management shelter regulations.

Employees assigned to emergency shelter duty shall, upon certification by the president, be paid:

• For non-exempt employees, the normal rate of pay up to 40 hours in the workweek and nonexempt employees shall be paid 1.5 times the normal rate of pay for time physically worked over 40 hours during the workweek when assigned to duty at an emergency shelter.
• For exempt employees, the normal rate of pay up to 45 hours during the workweek, and exempt employees (except Presidents and those on Salary Schedule B) shall be awarded hour for hour compensatory time for physically working over 45 hours during the workweek when assigned to duty at an emergency shelter.

606.09: Salary Schedules

The Chancellor shall submit to the Alabama Community College System Board of Trustees an annual salary schedule for Alabama Community College System institutions, including Enterprise State Community College.

607.01 Evaluation of Personnel

All employees of Enterprise State Community College will undergo an evaluation of their performance on an annual basis. The purpose of these annual evaluations is to support the continuous improvement of all areas of the College. The annual evaluations will determine strengths, identify areas for improvement, and set goals for professional development at all levels of employment within the College.

608.01: Instructor Load and Hours

1.     The duties of an instructor will be determined by the President.

 

2.     The number of preparations, the number of students taught, total credit hours produced, complexity of grading required, and the number of direct student contact hours should be considered in determining instructor loads.

 

3.     No distinction is made between day, extended day, weekend, evening, online, or off-campus programs. Personnel will be employed to provide education for those enrolled, regardless of the day and time of day.

 

4.     Each full-time instructor at ESCC shall teach fifteen to sixteen (15 to 16) credit hours per term or the equivalent for the academic year, fall and spring semesters. In using the contact hour method of calculation, no single faculty member shall have a direct student contact hour assignment that is less than twenty-four (24) hours or exceeds thirty (30) hours per week. Full­time faculty members must work a minimum of thirty-five (35) hours per week.

 

·       If approved by the President, a full-time instructor may be employed to additional courses and/or labs each term for pay. The overload course should be taught outside the normal workweek of the instructor, and the pay will be the prevailing part-time salary rate.

 

·       A full-time teaching load during the summer term is twelve to thirteen (12-13) credit hours or the equivalent. Using the contact hour calculation for summer term, a full-time faculty member should not exceed thirty (30) direct student contact hours per week.

 

5.     The President will determine equivalent credit hours for non-teaching assignments in accordance with guidelines established by the Chancellor.

 

·      ESCC emphasizes credit hours taught rather than FTE or credit hour production in determining full-time status of faculty. 

 

·      Release time is granted under certain circumstances.

a.  A full-time instructor with athletic coaching responsibility shall teach 12 credit hours (or the equivalent) with 3 hours of additional release time in the term his/her team is in competitive season.

 

b.Division chairs will be given release time each semester to perform administrative duties.

 

c.  A full-time instructor with major extracurricular responsibility, as determined by the President, shall be given release time.

 

·      The responsibility of supervising students enrolled in internships, preceptorships, or apprenticeships is considered in a faculty member’s assigned course load. These duties do not           result in equivalent credit hours or release time.

 

    ·      Independent study course assignments are not included in the instructional load calculation. Faculty members teach independent study courses on a voluntary basis. Independent            studies must be approved by the Division Chair.

608.02: Work Schedules, Duty Days, and Holidays

ESCC operates at least forty (40) hours per week.  The President determines work schedules and work days for all employees of the institution.

1.     Employees shall be allowed the following official holidays on which days the institution shall be closed: New Year's· Day, Martin Luther King, National Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve, and Christmas Day.

 

2.     The President shall designate, in the approved institutional calendar, five other days on which the institution will be closed.

 

3.     The normal work week for full-time, non-instructional personnel is at least forty (40) hours, exclusive of lunch. Days that the institution is officially open are duty days for full time, non-instructional employees.

 

4.     The normal work week of a full-time instructor, librarian, or counselor shall be a minimum of thirty-five (35) clock hours, exclusive of lunch and other regularly scheduled breaks. This does not mean that each instructor is required to be on duty seven hours per day, but each instructor is to have a regular schedule of instruction, office hours, advising, planning, and institutional duties.

 

5.     Full-time instructors, librarians, and counselors (whether on an academic-year, twelve-month, or summer contract) shall work the number of instructional and non-instructional days as indicated by the college.

608.03: Instructor Overload Policy

Overloads for faculty should be authorized and approved by the president.

A full-time instructor may be employed to teach a(n) overload(s) per term for pay. The overload course(s) must be taught outside the normal work week of the instructor, and the pay must be at the prevailing part-time salary rate at the employing institution.

No full-time faculty member can be required to teach a(n) overload(s). Overloads will be at the discretion of the President, based on faculty desire, preparations required, non-instructional duties, and other considerations.

610.01: Leaves with Pay

1. General Rules 

1.1 Requests for leave are to be made via the established procedures at ESCC.

1.2 The immediate supervisors are responsible for assuring that leave approvals in their areas of responsibility are reported timely and accurately. 

1.3 All employees engaged in outside employment or other activities during their normal work hours must use accrued compensatory time or request personal, annual, or unpaid leave. 

1.4 In the event of an emergency where the employee is unable to complete the college's standard procedures for requesting leave, the employee must immediately contact the immediate supervisor or the appropriate supervisory chain of command to request that his/her leave be used. During periods of incapacitation, a designee, to include an immediate family member or a person having unusually strong personal ties to the employee, may request leave on the employee's behalf. 

1.5 Employees who are in an approved leave status with pay are eligible to continue to receive benefits and leave accruals.

 

1.6 Any accrued leave, excluding compensatory time, must be used concurrently with FMLA leave. All accrued leave, excluding compensatory time, must be exhausted before an employee is entitled to unpaid FMLA leave. 

1.7 A leave year for earning, accrual, and use of leave by employees is September 1 through August 31. Leave accrual rate changes will only take effect with the beginning of the new leave year, September 1.

2. Annual Leave

2.1 Earned annual leave may be taken at appropriate times as approved in advance by the appropriate supervisory chain of command. Annual leave shall be requested and

approved prior to its occurrence. Annual leave may be denied if it is not timely

requested or hampers the routine operations of the college. 

2.2 Employees eligible to accrue annual leave are those compensated from Salary Schedules A, B, C, E, and H (prorated). Employees compensated from Salary Schedule H shall receive annual leave under the same terms and conditions as other eligible employees, except a "day" of annual leave shall be as follows: four (4) hours for employees compensated from Schedule H-20, five (5) hours for employees compensated from Schedule H-25, six (6) hours for employees compensated from Schedule H-30, and seven (7) hours for employees compensated from Schedule H-35. 

2.3 Annual Leave is earned based on years of service at the current employing entity:

 

0-4 1.00 day per month, equivalent to 8 hours 

5-9 1.25 days per month, equivalent to 10 hours 

10-14 1.50 days per month, equivalent to 12 hours 

15-19 1.75 days per month, equivalent to 14 hours 

20-above 2.00 days per month, equivalent to 16 hours 

A “year of service” shall be a completed year of service at Enterprise State Community College, not based on experience or service at other employers. 

2.4. All new hires at an ESCC will begin accrual of annual leave under this policy at 0 years of service, with one exception: A President, upon request of a new employee within the first 90 days of employment, may award additional years of service for annual leave accrual purposes to an employee who has been hired directly from one ACCS college or the ACCS system office to an ACCS college with no time lapse between dates of employment. The years of service awarded by the President under this exception cannot be more than the number of years that the employee was employed at the ACCS system office or prior ACCS institution. This policy is not applicable to employee hires from any other location or entity. The President is not required to award any additional years of service under this policy. 

2.5. In order to move to the next year of service for annual leave accrual purposes, an employee must have worked at least nine months of the leave accrual year. As an example, if a new employee is hired on January 2, then that employee will not have worked 9 months by September 1 of the same year (when the annual leave rate changes occur) and will be required to wait until the following year to move to the next year of service). 

2.6 Employees must be in paid status for a minimum of one-half of the workdays in the month of employment to accrue a day of annual leave (except those under FMLA leave). 

2.7 A maximum of 60 days of annual leave may be accrued and carried forward into each September. Annual leave may exceed 60 days during a year; however, annual leave exceeding 60 days earned but not taken by September 1 is forfeited.

2.8 Any employee who leaves employment of ESCC will be paid for the actual number of annual leave days earned and not used up to a maximum of sixty (60) days. Payment of annual leave will be based on the employee's salary in effect at the time of separation. 

2.9 If an employee who is eligible to accrue annual leave assumes a regular (nontemporary) assignment on the D or local salary schedules where annual leave is not earned or accrued, payment for the unused portion of the accrued annual leave will be made at the conclusion of the eligible assignment and will be based on the eligible salary schedule upon request of the employee. 

2.10. Annual leave is not provided for Salary Schedule D or L personnel.

3. Sick Leave 

3.1. Accumulation of sick leave will be governed by Section 16-1-18.1, Code of Alabama of 1975, as amended. An employee may accumulate an unlimited number of sick leave days in accordance with Alabama Code 16-1-18.1. 

3.2. Sick Leave Definition. Sick leave is defined as the absence from regular duty by an employee for one of the following reasons: personal illness; pregnancy, maternity leave, or doctor's quarantine; medical examinations and appointments; personal injury which incapacitates the employee; to provide care for an ill member of the immediate family (husband, wife, father, mother, son, daughter, brother, sister) of the employee or for an individual with a close personal tie to the employee; death of a member of the family of the employee (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, nephew, niece, granddaughter, grandson, grandfather, grandmother, aunt, uncle);or illness, injury, or death of an individual not legally related to but having unusually strong personal ties with the employee. For purposes of application of this policy, an individual with a close or unusually strong personal tie is limited to the following: a person standing in loco parentis; where unusually strong personal ties exist due to an employee’s having been supported or educated by a person; father-inlaw; mother-in-law; son-in-law; daughter-in-law; brother-in-law; sister-in-law; nephew; niece; granddaughter; grandson; grandfather; grandmother; aunt; uncle. 

3.3. Accrual of Sick Leave. 

3.3.1. Each full-time employee employed on Salary Schedules A, B, C, and E, shall earn one day of sick leave which is the equivalent of 8 hours per month of employment. They will be required to request 40 hours of sick leave for absences totaling an entire work week. 

3.3.2. Each full-time employee employed on Salary Schedule H shall earn one day of sick leave per month of employment with a “day” defined as 4 hours for persons on H-20, 5 hours for persons on H-25, 6 hours for persons on H-30, and 7 hours for persons on H-35. Employees on H will be required to request the amount of sick leave equal to the normal amount of hours worked each week for absences totaling an entire work week. 

3.3.3. Each full-time employee employed on Salary Schedule D shall earn one day of sick leave which is equivalent to 7 hours per month of employment to a maximum of nine days or 63 hours during the academic year (fall and spring semesters) and up to a maximum of three days or 21 hours during the summer term. Employees on D will be required to request 35 hours of sick leave for absences totaling an entire work week. 

3.4. Any unused balance of sick leave accumulated at the end of the leave year will be carried forward to the next succeeding year. 

3.5. Employees must be in paid status for one-half of the workdays in the month of employment to accrue a day of sick leave (except those on FMLA leave). 

3.6. Sick leave may be utilized during the employment period. However, sick leave may not be utilized to extend the employment period. 

3.7. The employee's immediate supervisor may request that an employee provide a medical certification by a licensed healthcare provider at the expense of the employee. After three (3) consecutive absences due to illness or after five (5) occurrences due to illness, within a thirty (30) calendar-day period, the president or designee may require that an employee furnish a medical certificate by a licensed healthcare provider. This is to be done at the expense of the employee. Consistent with this provision, colleges will implement local policies and procedures for requiring these medical certifications. When medical certification is required, requests for sick leave may be denied if the medical certification is not provided. 

3.8. Sick leave will not be paid upon separation of employment. 

3.9. For purposes of applying accrued sick leave as credit for retirement purposes, an employee is limited to the amount allowed by law and the Teachers Retirement System. 

3.10. Transfer of Sick Leave: Sick leave earned while employed by an Alabama public school system, higher education public institutions in Alabama, or the Alabama Community College System may be transferred into ESCC in accordance with Alabama Code Section 16-1-18.1. 

Earned sick leave days which have been accrued by an employee are transferable between the following: all public city and county school systems; the Board of Trustees of the Alabama Institute for the Deaf and Blind; the Alabama Youth Services Department District Board in its capacity as the Board of Education for the Youth Services Department District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama High School of Mathematics and Science; the Alabama State Senate; the Lieutenant Governor; the Office of the Senate President Pro Tempore; The Speaker of the House of Representatives; the Alabama House of Representatives; the Legislative Reference Service; any organization participating in the Teachers’ Retirement System (excluding state governmental departments not expressly listed); The Board of Trustees for ACCS; and all public four-year institutions of higher education. 

The President may permit sick leave transfers from other Alabama State government departments not listed above who participate in the Retirement System of Alabama at his or her discretion, however the factors taken into consideration in exercising such discretion must be consistently applied. 

3.11. Sick Leave Bank 

3.11.1. A President shall establish, upon the request of 10 percent of its full-time certificated and full-time support personnel, a sick leave bank plan. 

3.11.2 Any sick leave bank shall be operated, managed, and governed by a Sick Leave Bank Committee pursuant to Alabama Code § 16-22-9 and any accompanying procedures in place by the Chancellor. 

3.11.3 The Alabama Community College System Board of Trustees designates its one representative on any Sick Leave Bank Committee as the President or the President's designee. 

3.11.4 The purpose of the Sick Leave Bank shall be to provide a loan of sick leave days for its participating members or catastrophic leave after a member’s accrued and compensatory leave has been exhausted, if warranted as determined by a Sick Leave Bank Committee. 

A. Formation 

1. A President shall establish, upon the request of 10 percent of its full-time certificated and full-time support personnel, a sick leave bank plan for each of the two groups either jointly or separately. The decision whether to have a joint or separate sick leave bank shall be the exclusive decision of the employees, utilizing a secret balloting process. See Alabama Code 16-22-9(b). 

2. A Sick Leave Bank Committee, if formed, will be comprised of five persons, one will be the President or President’s designee, and four employees will represent the participating members of the sick leave bank. See Alabama Code 16-22-9(a)(5). 

B. Election of Sick Leave Bank Committee 

1. The President shall be responsible for conducting elections in a fair and equitable manner, ensuring the confidentiality of the secret balloting process. See Alabama Code 16-22-9(c). 

2. At the beginning of each scholastic year, an election shall be held among the sick leave bank members to determine by secret ballot the four members who are to serve on the sick leave bank committee. See Alabama Code 16-22-9(c). Those four members receiving the most votes shall serve on the Sick Leave Bank Committee.

 

3. The term of office for these four Committee members shall be one year. See Alabama Code 16-22-9(c). No representative on the Committee shall serve longer than five (5) consecutive years. See Alabama Code 16-22-9(f). If a vacancy occurs during the one-year term which needs to be filled, the remaining Committee members (inclusive of the President) shall vote on a person to fill the vacancy and whoever receives the most votes may fill the seat. 

4. The President or President’s designee shall be appointed as the Chair of the Committee and shall appoint one of the other Committee members to take minutes of meetings and all Committee action. 

5. In the event of any election tie, the President or his designee has the authority to break the tie. 

6. Committee meetings may be scheduled as determined by the Committee, or as set by the President, or by the written request of three consenting Committee members to the President. 

C. Duties of the Committee 

1. The Committee shall establish procedures providing for the uniform administration of the sick leave bank. Alabama Code 16-22-9(d)(f). 

2. The Committee shall develop guidelines for the operation of the sick leave bank. Alabama Code 16-22-9(d)(f). The guidelines shall be approved by a secret ballot vote of the participating members of the sick leave bank. Alabama Code 16-22-9(f).

3. The Committee shall develop all necessary forms for the orderly operation and administration of the sick leave bank. Alabama Code 16-22-9(d)(g)(2). 

4. The Committee shall maintain copies of its guidelines, administrative procedures, and forms and immediately provide those upon adoption to the President’s Office. 

5. The Committee shall ensure that accurate records of contributors eligible to participate in the bank are maintained and shall work with the institution to maintain records of all member contributions to the sick leave bank, withdrawals from the bank, and the status of the bank. Reports shall be provided on a timely basis at the request of the Committee, the President, or the Chancellor. 

6. The Committee shall review all applications for loans from the sick leave bank and make appropriate decisions on request for approval of such loans. The Committee has the discretion to deny an application for a loan or approve less days than requested. Factors to be considered include, but are not limited to: need, circumstances of the illness or disability, years of service to the institution, availability of days in the bank, the ability of the applicant to repay the loan (if applicable), and prior awards obtained from the sick leave bank. 

D. Guidelines of the Committee

1. The sick leave bank plan allows members to deposit an equal number of days (not to exceed five) of earned sick leave into the sick leave bank. The days deposited shall be available to be loaned to any participating member whose leave has been exhausted and who has been granted a loan by the Committee. Alabama Code 16-22-9(e). 

2. No member employee is allowed to borrow or obtain catastrophic leave from the sick leave bank unless all accrued and compensatory leave time has been exhausted. 

3. A member of the sick leave bank shall not be allowed to accumulate more days than allowed in Alabama Code 16-1-18.1, including days in the sick leave bank. Alabama Code 16-22-9(g)(4). 

4. Employee membership in the sick leave bank shall be voluntary. Alabama Code 16-22-9(g)(5). 

5. Any alleged abuse of the bank shall be investigated by the Committee (or its designee). On a finding of wrongdoing, the abusing member shall repay all of the sick leave credits drawn from the sick leave bank and be subject to appropriate disciplinary action as determined by the institution. Alabama Code 16-22-9(g)(6). 

6. Upon retirement or transfer of a member, days on deposit with the sick leave bank shall be withdrawn and transferred with the employee or made accessible for retirement credit, as allowable. Alabama Code 16-22-9(g)(7). 

7. At the beginning of each leave year, or upon employment of a new employee, the appropriate number of sick leave days shall, upon application of the employee, be credited to the employee’s account, in order to enable the employee to join the sick leave bank if the employee does not have the minimum number of sick leave days to enable the employee to join the sick leave bank. Alabama Code 16-22-9(g)(9).

8. The Committee shall have the authority to designate open enrollment periods at least annually to non-participating members. Employees who did not join the sick leave bank will have an option to join upon deposit of the prerequisite number of sick leave days during any open enrollment period established by the Committee. Alabama Code 16-22-9(g)(9). 

9. Additional guidelines may be adopted by the Committee as deemed appropriate provided they are uniformly applied to all employees and do not conflict with these guidelines and procedures. Alabama Code 16-22-9(g). 

E. Sick Leave Bank Loan Procedures 

1. An employee must apply for sick leave bank loan in the form required by the Committee and is subject to all applicable procedures and guidelines adopted by ACCS and the Committee. In cases where the member has been incapacitated, a member’s agent or representative designated as such in writing, may apply to the Committee on behalf of the member. In case of mental incapacity of a member, the designated agent or representative must be a person who, by law, may serve in such capacity. 

2. In order to apply for a sick leave bank loan: (a) an employee must be a member of the sick leave bank and (b) an employee must have exhausted all accrued and compensatory leave available. 

3. The Committee determines whether a loan request will be approved or denied and, if approved, for how many days up to a maximum of fifteen (15) days per event. Factors to be considered in making these decisions include, but are not limited to: need, circumstances of the illness or disability, years of service to the institution, availability of days donated, ability to repay the loan, and prior awarded loans. 

4. No employee shall be allowed to owe more than fifteen (15) days to the sick leave bank, unless more than fifty percent (50%) of the members of the sick leave bank vote to extend the limit. Alabama Code 16-22-9(g)(1). 

5. Sick leave days borrowed from the sick leave bank shall be repaid to the sick leave bank monthly as re-earned by the member. Alabama Code 16-22- 9(g)(3). 

6. Upon the separation of an employee who has an outstanding loan of sick leave days, the value of the loan shall be deducted from the final paycheck at the employee’s prevailing rate of pay. If portions of the loan remain outstanding after separation, the employee is responsible for paying the remaining value to the institution. Alabama Code 16-22-9(g)(3). 

F. Catastrophic Leave Procedures

1. A catastrophic event is defined as any illness, injury, or pregnancy or medical condition related to childbirth certified by a licensed physician which causes the employee to be absent from work for an extended period of time. Alabama Code 16-22-9(a)(1). 

2. Beginning January 1, 2019, no employee may be awarded more than forty-five (45) workdays of catastrophic leave during any five-year period of employment. 

3. An employee must apply for catastrophic leave in the form required by the Committee and is subject to all applicable procedures and guidelines adopted by ACCS and the Committee. In order to apply for Catastrophic Leave: (a) an employee must be a member of the sick leave bank at the time the catastrophic event occurs in order to be considered for catastrophic leave, (b) an employee must have exhausted all accrued and compensatory leave available, (c) the employee must provide certified evidence by a licensed physician of an illness (defined as an unhealthy condition of the body or the mind, a sickness, or disease), or of an injury (defined as physical harm to a person), or of a medical condition related to childbirth that causes the employee to be absent from work for a period greater than fifteen (15) work days, and (d) the employee must have applied, borrowed, and used the maximum number of sick leave days loaned by the Committee. 

4. The Committee determines whether a request for catastrophic leave will be approved or denied and, if approved, for how many days up to the maximum. Factors to be considered in making these decisions include, but are not limited to: need, circumstances of the illness of disability, years of service to the institution, availability of days donated, whether it is a personal event to the employee, and prior awards of loans or catastrophic leave. 

5. Employees, at their discretion, may donate a specific number of days to the sick leave bank, up to a maximum of 30 days for any one employee, to be designated for a specific employee for use against a catastrophic event. Alabama Code 16- 22-9(h). 

6. Employees must be a member of the sick leave bank to donate or receive catastrophic leave. 

7. A donating employee shall not be required to donate a minimum number of catastrophic days to the sick leave bank. 

8. The recipient employee may use catastrophic sick leave days for himself or herself or for other covered persons as provided in Code of Alabama 16-1-18.1. Alabama Code 16-22-9(h). 

9. Catastrophic days awarded are not required to be repaid. Alabama Code 16-22- 9(h).

10. Donated catastrophic leave days may be used to repay days loaned by the sick leave bank to the credit of the affected member. Alabama Code 16-22-9(g)(8). 

11. Employees who donate sick leave days to the sick leave bank for a particular employee’s catastrophic event are not to be returned to the donor unless the days are not used. Alabama Code 16-22-9(h). 

12. If catastrophic leave is approved by the Committee, the Committee shall notify members of the applying employee’s request and approval for catastrophic leave one time. The Committee has no further obligation to continue requesting donations on the applying employee’s behalf. The Committee may but is not required, no more than once per month, to communicate by email to the members to advise that the employee is approved for catastrophic leave and could use further donations. 

13. There is no guarantee that, if catastrophic leave requests are approved by the Committee, the sick leave bank members will donate any leave or sufficient leave to cover an employee’s absence related to a catastrophic event. 

14. Catastrophic leave is not available for on-the-job injuries.

4. Personal Leave 

4.1. Personal Leave is granted for each leave year as shown below and, if not taken, will be converted to sick leave at the end of the leave year. 

4.2. Personal leave with pay shall be requested and approved prior to its occurrence. Personal leave may be denied if it is not timely requested or hampers the routine operations of the college. 

4.3. Personal leave will not be paid on separation from employment. 

4.4. Personal Leave on Salary Schedules A, B, C, E, and H Granted Annually Up to two (2) regularly scheduled workdays of personal leave with pay will be granted to each full-time employee on the above salary schedules during any leave year. Up to two days per year of personal leave is extended to all support personnel on Salary Schedule H as above, with a "day" defined as four (4) hours for persons paid from Salary Schedule H-20, five (5) hours for persons paid from Salary Schedule H-25, six (6) hours for persons paid from Salary Schedule H-30, and seven (7) hours for persons paid from Salary Schedule H-35. 

4.5. Personal Leave on Salary Schedule D Granted Annually Up to five (5) regularly scheduled workdays of personal leave with pay will be granted to each full-time Schedule D employee on the first day of each academic year. 

4.6. Employees who are not employed at the beginning of the leave year will accrue personal leave on a prorated basis based on their starting date.

5. Court Attendance 

5.1. Full-time employees and Salary Schedule H employees who are required by a court to attend jury duty will be granted special leave with pay to attend. The jury duty summons must be presented in order to be granted leave with pay. 

5.2. Any employee who is required by court order, valid subpoena, or by legal counsel representing ESCC or any of its entities, to appear in their capacity as an employee will be expected to attend as part of their normal work duties. Documentation will be required to be presented. This section does not apply to employees who are engaged in suit or charges against ESCC or any of its entities to include hearings, trials, depositions, meetings with lawyers, mediations, EEOC hearings, ethics commission interviews, meetings, or hearings, etc., as such is deemed a personal matter for which appropriate accrued leave must be taken. 

5.3. Any employee expected to attend court for personal matters or matters unrelated to their employment within ESCC (except jury duty) will not receive paid leave and must request and utilize other forms of accrued leave if applicable. If the employee does not have leave, leave without pay must be requested and approved prior to occurrence. 

5.4. Any employee receiving leave under this court attendance policy who has been released is required to return to work immediately once the event has concluded.

6. Institutional Support Leave 

6.1. Institutional support leave with pay may be approved by the President for any full-time employee based on the availability of funds and if the absence will not hamper the normal routine operations of the college. Institutional support leave is related to the employee's expertise and/or position of employment. Institutional support leave directly benefits the college and the employee's participation is requested by the college. 

6.2. Examples of institutional support leave include but are not limited to business and industry partnerships with the college, grant-specified training, community partnerships through the college, accreditation activities related to employee’s college, etc. 

6.3. Any activity requiring more than five (5) regularly scheduled workdays of institutional support leave during the leave year will require the Chancellor's written approval. 

6.4. Approved activities sponsored by ESCC are part of the employee’s regularly assigned duties and are not a type of leave.

7. Professional Development Leave 

7.1. Professional Development leave with pay may be granted to any full-time employee when approved by the President based on the availability of funds, the absence will not hamper the normal routine operations of the college, and the event is directly tied to the employee’s current or anticipated job duties. 

7.2. A maximum of ten workdays per leave year may be approved locally, but more than 10 days shall only be granted upon written approval of the Chancellor. 

7.3. Professional Development leave is typically a direct personal benefit to the employee. Examples include but are not limited to leadership programs, training and workshops, local, state, and national board positions or assignments, accreditation activities unrelated to the employee’s college. 

7.4. If an employee who was granted professional development leave separates from the college within one year of the professional development event, the employee is required to reimburse the college for any funds expended on behalf of the employee. The College may deduct these amounts from an employee’s paycheck. The President may elect not to require reimbursement due to special circumstances, such as separations due to medical reasons or layoffs. 

7.5. Approved activities sponsored by ESCC are part of the employee’s regularly assigned duties and are not a type of leave.

8. Military Leave 

8.1. All full-time and Schedule H employees (as prorated) are eligible for paid military leave in accordance with applicable state and federal law per calendar year. During the period of paid military leave, the respective employee shall continue to accrue all employment benefits, including sick and annual or personal leave, as well as paid medical insurance benefits. Once available paid military leave is exhausted, the employee may take available annual or personal leave and continue to receive all employment benefits. 

8.2. ACCS community and technical colleges and entities shall comply with the military leave provision of Alabama Code § 31-2-13.6. 

8.3 Once the employee has exhausted all available paid leave, the employee may be considered on military leave of absence without pay. Employees on unpaid leave of absence under this section do not accrue benefits but may choose to continue health insurance coverage by paying the designated premiums. 

8.4 On receipt of military orders, the employee will submit a leave request with a copy of the military orders to the college.

9. Compensatory Time and Leave

A. EXEMPT FT EMPLOYEES: Each President has authority on a local level to award compensatory time to exempt full-time employees when that employee physically works over 45 hours in one week if the President chooses to do so. Physical work hours do not include hours awarded for paid leave. If permitted by the President, exempt full-time employees may be awarded straight compensatory time, meaning for every one hour physically worked over 45 hours, the employee may receive one hour in compensatory time. The supervisor of the exempt full-time employee must keep track of all compensatory time earned and the exempt employee must use the time with supervisor approval within sixty days of it being accrued, else it is forfeited. Compensatory time is not paid for exempt employees at the time of separation at the College. When exempt full time employees do not work 40 hours each week, they are required to take compensatory time or appropriate accrued leave to make up for their failure to work 40 hours. Full-time exempt employees are required to work during the institution’s regular business hours unless the employee has express permission from the supervisor to work outside regular business hours.

B. NON-EXEMPT FT EMPLOYEES: Non-exempt full-time employees are not permitted to work over 40 hours in one week, unless expressly required and approved by a supervisor. Non-exempt full-time employees who work over 40 hours without the express requirement and approval of their supervisor will be disciplined. Non-exempt full-time employees are entitled to overtime pay unless compensatory time is awarded instead when they physically work over 40 hours in one week (physical work hours do not include any paid leave time). It is the policy of ACCS that all institutions and entities shall award compensatory time rather than overtime to non-exempt full-time employees physically working over 40 hours in one week. Supervisors and non-exempt employees have a duty to work together to ensure that the employee does not work over 40 hours each week, absent emergency. In emergency situations where it is necessary for non-exempt employees to work over 40 hours in one week (and this has been required and approved by the supervisor), non-exempt employees must be given one and one-half hour for every hour physically worked over 40 in compensatory time, meaning if the employee works 44 hours in one week, then the employee receives 6 hours (4 x 1.5) in compensatory time. The supervisor of the nonexempt full-time employee must keep track of compensatory time and the non-exempt employee must use the time with supervisor approval within a reasonable period of it being accrued (recommend within the next month). Supervisors are responsible for ensuring that compensatory time is being taken by non-exempt full-time employees so that overtime is not required to be paid. Non-exempt full-time employees may not accrue more than 80 hours of compensatory time, and any time over and above 80 hours in compensatory time will be required to be paid as overtime. Compensatory time for full-time non-exempt employees will be converted to overtime and paid at the time of separation at the College.

610.02: Paid Absences Due to On-The-Job Injuries

The President is authorized to approve payment of salaries and fringe benefits for the equivalent of up to ninety (90) working days for absences arising from on-the-job injuries to employees when the President has determined that an employee has been injured on the job and cannot return to work as a result of the injury. An on-the-job injury is defined as “any accident or injury to the employee occurring during the performance of duties or when directed or requested by the employer to be on the property of the employer which prevents the employee from working or returning to his or her job.” 

 

Continuation of salary and fringe benefits for the appropriate number of working days shall be consistent with the employee's injury and the subsequent absence from work resulting from the injury. This policy shall apply to temporary disability of the employee as applicable to the on-the-job injury. In no event shall the salary and fringe benefits continuation provided by this policy exceed the equivalent of 90 working days. 

 

The President/designee shall require medical certification from the employee's licensed healthcare provider that the employee was injured and cannot return to work as a result of the injury. The President/designee may, within his/her discretion, require a second opinion from another licensed healthcare provider at the expense of the institution. The President/designee may require a statement from the licensed healthcare provider that there is a reasonable expectation that the employee will be able to return to work and the time frame for such return.

 

Accrued leave shall not be deducted from the employee's account if absence from work results from an on-the-job injury, unless the absence exceeds the authorized amount granted under Section 1 and the employee requests such leave.

 

The President/designee shall inform in writing the employee who is injured on the job of the employee's rights to appear before the State Board of Adjustment and to claim unreimbursed medical expenses and costs through the State Board of Adjustment and shall inform the injured employee regarding applicable ACCS Board of Trustees policies. Such notification shall be made within thirty (30) calendar days of notice of the injury.

 

Eligibility for salary and benefits under this policy is contingent upon proper notification by the injured employee to the President within twenty-four (24) hours after the occurrence of the injury. In no event will this policy be utilized if notification is not made by the employee or the employee’s representative within five (5) work days of the injury.

 

External contractors, consultants, work-study students, and interns are not employees for the purposes of this policy.

611.01: Leaves Without Pay

General Rules 

• Requests for leave are to be made via the established procedures at ESCC. Immediate supervisors are responsible for assuring that leave approvals in their areas of responsibility are reported timely and accurately.
  
• Time spent on unpaid leave will not count in computing the amount of time worked during a given academic year. 
  
• Time spent on unpaid leave will not be counted in computing tenure or non-probationary status. 
  
• Employees who are in an approved leave without pay status are not eligible to continue to receive leave accruals or benefits, unless covered by the Family Medical Leave Act (FMLA). 
  
• Except as provided under these leave policies, no employee shall be in an unpaid employment status with ESCC. Being in an unauthorized unpaid employment status is a violation of policy and may result in disciplinary action, including termination. It is an employee’s responsibility to monitor his or her own leave accounts and approvals to ensure he/she is not in an unauthorized unpaid employment status.

Maternity Leave

• All full-time employees and Salary Schedule H employees of ESCC will be granted up to a maximum of six (6) consecutive calendar months of maternity leave without pay for the birth or adoption of a child. All accrued leave including compensatory leave unless in FMLA status must be exhausted before an employee is entitled to request unpaid maternity leave. 

Personal Leave

• The Chancellor may grant up to six (6) consecutive calendar months of personal leave without pay to a full-time employee or a Salary Schedule H employee on the written request of the President to the Chancellor based on special circumstances. All accrued leave and compensatory time must be exhausted before an employee is entitled to request unpaid personal leave. 

Family and Medical Leave Act Leave 

• ESCC shall comply with the requirements of the Family Medical Leave Act (FMLA). Any accrued leave except compensatory time, must be used concurrently with FMLA leave and must be exhausted before an employee is entitled to unpaid FMLA leave. 

612.02: Tuition Assistance

Full-time benefits eligible employees and benefits eligible Salary Schedule H employees of ESCC, certain retirees and their dependents are eligible for tuition assistance for courses taught for credit by community and technical colleges under the control of the Alabama Community College System Board of Trustees and, when applicable, Athens State University.

Procedures

I. GENERAL 

This tuition assistance program is designed for all full-time benefits eligible employees, retirees, and benefits eligible H Salary Schedule employees of ESCC and their dependents. This program will not include non-benefits eligible, temporary, or part-time employees, or persons serving as independent contractors to ESCC or its entities.

An application form for the tuition assistance program is available at each college or entity and should be completed prior to registration for classes. A copy of the completed form must be maintained by the college of attendance. 

II. DEFINITIONS 

A. Employee: 

1. any full-time benefits eligible employee of ESCC or entity 

2. any benefits eligible employee of ESCC; 

3. any benefits eligible Salary Schedule H employees of ESCC or entity. 

B. Retiree: for purposes of this policy, a “retiree” is 

1. any employee who has twenty-five (25) years or more of continuous service at ESCC; 

2. any employee who retires from ESCC under disability retirement. 

C. Dependent: 

1. the spouse of any eligible employee or retiree; 

2. the unmarried children of any eligible employee or retiree residing in the household of the employee or retiree, residing in the household of the employee's or retiree’s former spouse, or residing in temporary housing while enrolled in college such as college dormitories, apartments, and student housing; 

3. the unmarried stepchildren of any eligible employee or retiree residing in the household of the employee or retiree;

4. a legal ward (a minor child placed by the court under the care of a guardian) when the guardian is a benefits eligible employee or retiree. 

III. ELIGIBILITY 

A. Requirements 

Employees: Employees must have been employed by ESCC for the equivalent of one full academic year for faculty or at least 12 months for non-instructional employees, prior to the first scheduled day of class for the term for which the employee is applying. 

Dependents: Dependents will be eligible when said employee or retiree is eligible, and to the same degree to which the employee or retiree is eligible, except as herein modified. 

Retirees: Only those former employees who have 25 years of continuous service and retired from an ESCC or those former employees who have a disability retirement from ESCC are eligible for tuition assistance under this policy. 

B. Termination of Eligibility 

Employees: Eligibility terminates if the employee discontinues full-time employment or becomes ineligible for benefits at ESCC for any reason. 

Dependents: Dependents will be ineligible when their respective eligible employee or eligible retiree becomes ineligible. 

Retirees: Eligibility terminates for retirees and their dependents five years after the retiree’s effective retirement date on file with ESCC. 

C. Approved tuition assistance waivers are honored through the completion of the current term only. 

IV. AMOUNT OF ASSISTANCE, LIMITATIONS, CONDITIONS, AND AUDITING 

A. Tuition Cost 

All eligible employees and their dependents will be allowed a waiver of one-third (1/3) of the normally-charged tuition after the first (1) year (the equivalent of one (1) full academic year for faculty or at least twelve (12) months for non-instructional employees) of employment. A waiver of two-thirds (2/3) tuition after the second (2) year of employment (the equivalent of two (2) full academic years for faculty or at least twenty-four (24) months for non-instructional employees) is allowed for eligible employees and their dependents. A waiver of full tuition after the third (3) year of employment (the equivalent of three (3) full academic years for faculty or at least thirty-six (36) months for non-instructional employees) is allowed for retirees, eligible employees, and their dependents. Partial tuition adjustments are to be rounded down to the nearest dollar. Eligible Salary Schedule H employees will be allowed a waiver calculated at a prorated rate of full-time employment. Expenses for supplies, books, and fees other than tuition will not be waived. Each college or entity will be allowed to count the credit hours generated by these enrollees. 

B. Limitation 

There is no limitation as to the number of credit hours taken, other than the regular academic limitations that apply at the respective colleges. All students will be required to abide by the academic policies that are in effect at the college they are attending. 

C. Conditions 

Any eligible student under this policy must maintain at least a "C" average (2.0 on a 4.0 scale) to be eligible for tuition waiver in the courses for which the student receives tuition assistance. Failure of the eligible student to meet this grade requirement causes the student to be ineligible for further tuition assistance until the student (1) brings his cumulative grade point average at the same college in which the tuition assistance was previously provided to a 2.0, or (2) provides satisfactory evidence that the student paid tuition at a college after he/she became ineligible for tuition assistance for the same number of hours in which the student failed to make a 2.0 in tuition assistance classes with evidence that he/she obtained at least a 2.0 in the paid classes. If a student has become ineligible for tuition assistance at one college due to his/her inability to maintain a 2.0 in tuition assistance courses, the student is ineligible to receive tuition assistance at any other college 

D. Auditing 

An eligible student will be allowed to audit one (1) course (up to five (5) credit hours) per term and will be allowed the appropriate percentage of waiver of the normally charged tuition. The eligible student must meet all attendance requirements, class participation, and assignments as required of credit-enrolled students except the final examination is not required. Failure to comply with these requirements will result in the student becoming ineligible for further participation as an audit student in credit hour-producing courses reported for funding purposes. Expenses for supplies, books, and fees will not be waived. 

E. Repeating Class 

An eligible student may not receive tuition assistance to repeat a course for which tuition assistance was already provided. 

Tuition assistance, if obtained by an eligible student for a repeated course, must be repaid by the student. Tuition assistance will be disallowed at any college for repeating a class for which the grade of "W" was originally received. 

F. Recertification of Eligibility 

The eligible student must re-certify eligibility, as specified in Condition IV.C. above, prior to registering for a new term by completing, submitting, and receiving approval of the “Employee-Dependent Tuition Waiver” form. Providing false information will result in exclusion from all tuition assistance benefits and result in a requirement to repay all tuition paid for the student under this program and possible other disciplinary action. 

G. Work Week 

Participation in this program is in addition to the employee's full-time work week, and should not be considered when computing the employee's time for financial compensation. However, in certain cases the employee's work schedule may be adjusted to permit course attendance. Adjustments to an employee's weekly work schedule must be recommended by the employee's supervisor and/or Dean, and approved by the President.

H. Eligible Student Responsibility 

It is the responsibility of the eligible student under this benefit program to ensure that all documents and forms required in this process are completed, submitted, and approved by the appropriate personnel in a timely manner. Any information or forms deemed incomplete will cause a delay in the processing of the tuition waiver. It is the eligible student’s responsibility to verify with the college of enrollment that all documentation and forms are completed and approved in a timely manner.

613.01: Drug-Free Workplace

In compliance with the drug-free workplace requirements of Public Law 100-690 for recipients of federal contracts and grants, the following policy is in effect for Enterprise State Community College (ESCC): 

Enterprise State Community College complies with the provisions of the Federal Drug-Free Workplace Act of 1988 and the Drug Free Scholar and Communities Act of 1989 as set forth by the Alabama Community College System Board of Trustees Policy 613.01: Drug Free Workplace. In addition, it is the policy of ESCC that information on drug and alcohol abuse prevention and assistance is available continuously online to each employee of ESCC through the ESCC Policies and Procedures Manual. This information and its distribution serves as the ESCC drug-free awareness program. 

1. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited by ESCC on any property owned, leased, or controlled by ESCC or during any activity conducted, sponsored, or authorized by or on behalf of ESCC. A “controlled substance” shall include any substance defined as a controlled substance in Section 102 of the Federal Controlled Substance Act (21 U.S. Code 802) or in the Alabama Uniform Controlled Substance Act (Code of Alabama, Section 20-2-1, et seq.) 

2. Enterprise State Community College has and shall maintain this drug-free awareness program to inform employees about: 

a. the dangers of drug and alcohol use in the workplace; 

b. ESCC’s policy of maintaining a drug-free workplace; 

c. any available drug counseling, rehabilitation, and employee assistance program; and 

d. the penalties that may be imposed upon employees for drug abuse violations.

1. All employees of ESCC shall comply with paragraph I. above. IV. 

2. Any employee who is convicted by any federal or state court of an offense which constitutes a violation of paragraph I. above shall notify the Senior Personnel Officer in writing of said conviction within five (5) work days after the conviction occurs. Conviction, as defined in P.L. 100-690, shall mean “a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both.” 

3. In the event of a report of a conviction pursuant to paragraph IV. above where the employee is working on a project or in a program funded through a federal contract or grant, ESCC shall notify in writing within ten (10) days any federal agency to which such notification by ESCC is required under P.L. 100-690. 

4. In the event an employee violates paragraph I. above or receives a conviction as described in paragraph IV. above, the respective employee shall be subject to appropriate disciplinary action which may include but is not limited to reprimand, suspension, or termination of employment. ESCC shall also reserve the right to require said employee, as a condition of continued employment, to satisfactorily complete a drug treatment or rehabilitation program of a reasonable duration and nature. If any employee engages in any behavior prohibited by this policy which is also a violation of federal, state, or local law, that employee shall be subject to referral to law enforcement officials. 

5. Enterprise State Community College shall make a good faith effort to ensure that paragraphs I. – VI. above are followed. 

6. Each employee of ESCC shall be able to obtain a copy of this policy and information.

The Substance Abuse and Mental Health Services Administration provides a free, confidential national helpline that is available twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year by calling 1-800-662-HELP (4357). This service provides referrals to local treatment facilities, support groups, and community based organizations.

614.01: Fair Labor Standards

Enterprise State Community College will comply with the applicable provisions of the Fair Labor Standards Act.

615.01: Conflict of Interest

An employee is prohibited from using his or her official position and influence for personal gain or that of his or her family or associates, or from engaging in a conflict of interest.

Procedure

1. Full-time employees may engage in outside employment provided that such activity: (a) does not interfere with the performance of other responsibilities as a System employee; (b) does not require use of institutional resources or facilities.
2. In an effort to identify potential conflicts, Enterprise State Community College requires employees to submit a Notice of Secondary Employment form notifying the institution of activities in which they engage that might interfere with the performance of their job responsibilities or that diminishes the value or inhibits the operation of the institution.

616.01: Personnel Record Information

Federal and state laws govern public access to records maintained by governmental entities. Those laws shall be followed. To the extent permissible by law, Enterprise State Community College may maintain sensitive or otherwise confidential information in employee or applicant files. The President (or designee) may designate a custodian of records for the College.

The President (or designee) shall establish and maintain a personnel file on each employee. It shall be the responsibility of the President of Enterprise State Community College to supervise the maintenance of personnel files and to maintain updated, complete, and accurate records. Information may be added to the personnel file to clarify or supplement materials previously placed in the personnel file. Employees may answer or object in writing to any material in the personnel file, and the answer or objection shall be attached to the appropriate material that is the subject of the answer or objection.

Enterprise State Community College may establish a reasonable charge for researching open records requests or as otherwise necessary.

617.01: Resignations

All faculty and staff shall give written notice of resignation at least 14 calendar days prior to the effective date of resignation, unless the President approves a shorter notice period. Failure to do so may result in documentation being placed in the employee's personnel file about the failure to follow policy and may affect your ability to be rehired at any ACCS entity or system office.

618.01: Abandonment of Position

Any employee who is absent from work for three (3) consecutive workdays without approval through the procedures established by Enterprise State Community College shall be considered to have abandoned the position and to have resigned from the College.

620.01: Grievance Procedure - Title IX

This policy is intended to cover grievances between and amongst employees of Enterprise State Community College about general workplace issues, conduct, or professionalism. This policy does not apply and cannot be used against a President. This policy 1S not intended to cover complaints regarding discrimination, harassment, hostile work environment, ethical concerns, or other legal-related matters, which are covered under Policy 620.02.

Any employee who claims a grievance (or who is reporting an observed grievance) must file a written statement within 10 calendar days from the date of the alleged incident, otherwise the grievance will not be reviewed under this policy. Oral grievances do not comply with this policy. The written statement must be filed with the complaining employee's direct supervisor, unless the direct supervisor is the person about whom the grievance is lodged. In such cases, the employee must file the statement with the next supervisor in line. The supervisor (or other person receiving a written grievance) will notify HR personnel and/or the President as appropriate.

The supervisor, or other person appointed to address the grievance, must review the written statement and conduct an investigation of the claims within 45 calendar days (or as otherwise agreed), and then make a written report of findings with recommendations within 60 calendar days of receipt of the grievance. The report must be given to the President, the complaining employee, and the person about whom the grievance is lodged. The complaining employee or the person about whom the grievance is lodged has 5 calendar days from receipt of the written report to provide specific written objections to the report of findings with recommendations to the President, which will be considered by the President or his/her designee before issuing a final decision. This decision shall be final.

An employee who brings a good faith grievance under this policy shall not be retaliated against in any manner. Any employee who retaliates against an employee for making a good faith grievance under this policy will be disciplined.

The President's decision will be final.

NOTE: If the last day for filing a notice of appeal falls on a Saturday, Sunday, or a legal holiday, the appealing party will have until 5:00 p.m. the first working day following to file.

620.02: Employee Complaints

This policy is intended to cover employee complaints related to discrimination, harassment, hostile work environment, ethical concerns, and other legal-related matters against any person associated with Enterprise State Community College. This policy does not cover general workplace grievances, conduct, or professionalism, which are addressed by Policy 620.01 or complaints of sexual harassment which are covered in Policy 620.03. This policy does not apply and cannot be used against a President.

Any employee who believes he/she has been subjected to or observed: discrimination based on race, color, national origin, religion, marital status, disability, sex, age or any other protected class as defined by federal and state law, harassment in forms other than sexual, hostile work environment, ethical violations or similar concerns, criminal acts, ACCS, College, or Chancellor policy or procedure violations, or other legal-related issues, by any person associated within Enterprise State Community College (other than a President), shall report the action immediately, and in no event less than ten (10) calendar days following the event, to the Title IX Coordinator, Human Resources Director, or President. In conjunction with the report, the employee shall provide a written statement, as well as any evidence the employee believes substantiates the complaint, and shall be required to assist in an appropriate investigation.

The College shall designate an appropriate person to review and investigate the matter and may engage legal counsel for this purpose, as determined by the President. This review and investigation shall be conducted promptly and within 45 calendar days if practical, but not later than 60 days, unless this period is extended by agreement of the complaining and responding parties. The President or his/her designee shall issue a written response to the reporting employee within 15 calendar days if practical, but not later than 30 days unless this period is extended by agreement of the complaining and responding parties; once the review and investigation has been completed, and this written response shall be final.

An employee who brings a good faith complaint under this policy shall not be retaliated against in any manner. Any employee who retaliates against an employee for making a good faith complaint under this policy will be disciplined.

620.03: Sexual Harassment Complaints

Each College shall adopt a Grievance Procedure for complaints of sexual harassment that is consistent with the requirements of 34 C.F.R. § 106.44 and §106.45.

This policy is intended to cover complaints of sexual harassment occurring in a College’s education programs or activities by an individual applying for admission or employment, an

employee, a student or an individual otherwise participating in or attempting to participate in a College’s educational programs or activities.

Title IX Sexual Harassment Complaint Procedures

INTRODUCTION

Enterprise State Community College is committed to providing a workplace and campus community free of sexual misconduct and harassment.  As required by Title IX of the Education Amendments of 1972, the College does not discriminate on the basis of sex in its education programs and activities. This includes discrimination affecting employees of the College and applicants for employment, students and applicants for admission, or members of the public. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others, whether on College premises or at any College-owned off-campus location and while participating in any educational program or activity of the College.

 

Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972 and the Violence Against Women Act. This policy is intended to reaffirm the College’s commitment to address sexual harassment, take steps to prevent its reoccurrence, and preserve or restore equal access to the College’s education programs and activities.  Dating violence, domestic violence, and stalking may also be considered forms of sexual discrimination. Due to the seriousness of these offenses, the College has adopted specific policies and procedures, outlined in the Student Handbook, employment policies, and webpage, to address alleged instances of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence, and stalking. The College believes that no person should bear the effects of sexual harassment alone. When such conduct occurs, the College’s paramount concern is for the safety and well-being of those impacted. To support and assist students, the College provides a range of resources that include a trained counselor.

 

Under Title IX, individuals reporting allegations related to sexual harassment and/or sexual violence, have the right to a resolution of their complaint, to have the college conduct a prompt, thorough and impartial investigation, and to receive supportive measures to ensure the safety and wellbeing of the individuals involved and the college community.

 

When allegations of sexual harassment and/or sexual violence in any form are brought to the attention of the Title IX Coordinator, and if a responding party is found to have violated this policy, serious sanctions will be used to prevent its reoccurrence. Enterprise State Community College does not tolerate or condone retaliation. Individuals wishing to report sexual harassment and/or sexual violence and/or to make inquiries concerning the application of Title IX at the College may contact:

 

Jessica Solomon (TITLE IX COORDINATOR) 
Enterprise State Community College
Director of Human Resources 
600 Plaza Drive Enterprise Alabama 36331
Phone: 334-347-2623 ext. 2222
Email: jsolomon@escc.edu 
 
or 

Dava Foster (TITLE IX COORDINATOR) 
Enterprise State Community College
Director of Student Success 
600 Plaza Drive Enterprise Alabama 36331
Phone: 334-347-2623 ext. 2293
Email: dfoster@escc.edu
 
or 

Kassie Mathis (TITLE IX COORDINATOR)
Enterprise State Community College
Dean of Students
600 Plaza Drive
Enterprise, AL 36330
Phone: 334-347-2623 ext. 2235
Email: kmathis@escc.edu
 
or

Assistant Secretary
U.S. Department of Education
Office for Civil Rights (OCR)
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC  20202-1100
Telephone:  800-421-3481
Fax:  202-453-6012; TDD:  800-877-8339
Email:  OCR@ed.gov 

 

Information regarding the Title IX Coordinator and their role will be provided to all faculty, staff, students, applicants for admissions, and applicants for employment. Also, this information is available on the College website at www.escc.edu under the Human Resources page and Student Handbook/Academic Catalog.

POLICY

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

DEFINITIONS RELATING TO SEXUAL HARASSMENT

Many terms are used in the context of sexual harassment. The following will provide some common definitions and examples.

Actual knowledge: The notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official of the College who has authority to institute corrective measures of behalf of the College shall be deemed actual knowledge on the part of the College. 

Complainant: is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.  For the purposes of this procedure a Complainant may be an individual applying for admission or employment, an employee, a student or an individual otherwise participating in or attempting to participate in the College’s education programs and activities.

Respondent: is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal complaint: is a document filed by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. Note: At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity of the College at which the formal complaint is filed. 

Consent: “Consent” must be informed, voluntary, and mutual and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Sexual Misconduct: Committing sexual abuse, sexual assault, sexual harassment, sexual exploitation, or statutory rape, as defined below or under Alabama state law.

Harassment: The striking, shoving, kicking, or otherwise touching or making physical contact in regard to another for the purpose of harassing, annoying or alarming; and/or directing abusive or obscene language or making an obscene gesture toward someone for the purpose of harassing, annoying, or alarming. Example: Making or using persistent derogatory comments, epithets, or slurs that place a person in a hostile or fearful environment or where the person’s safety is in jeopardy.

Sexual harassment: Conduct on the basis of sex that satisfies one or more of the following:

• A school employee conditioning education benefits on participating in unwelcome sexual conduct (i.e. quid pro quo); 
• Unwelcomed conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
• Stalking, dating violence, or domestic violence.

Definitions of Sexually Based Offenses

Sexual abuse in the first degree:

(a) A person commits the crime of sexual abuse in the first degree if:

(1) He subjects another person to sexual contact by forcible compulsion; or

(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

 

(b) Sexual abuse in the first degree is a Class C felony (Alabama Code 13A-6-66).

 

Sexual abuse in the second degree:

(a) A person commits the crime of sexual abuse in the second degree if:

(1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or

(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

 

(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony (Alabama Code 13A-6-67).

 

Rape in the first degree:

(a) A person commits the crime of rape in the first degree if:

(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.

 

(b) Rape in the first degree is a Class A felony (Alabama Code 13A-6-61).

 

Rape in the second degree:

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony (Alabama Code 13A-6-62).

 

Sodomy in the first degree:

(a) A person commits the crime of sodomy in the first degree if:

(1) He engages in deviate sexual intercourse with another person by forcible compulsion; or

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.

 

(b) Sodomy in the first degree is a Class A felony (Alabama Code 13A-6-63).

 

Sodomy in the second degree:

(a) A person commits the crime of sodomy in the second degree if:

(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

 

(b) Sodomy in the second degree is a Class B felony (Alabama Code 13A-6-64).

 

Domestic Violence:

Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction (34 U.S.C.12291(a)(8).

 

In Alabama, domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant (Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees).

 

Dating Violence:

Means violence committed by a person –

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

 (b) Where the existence of such a relationship will be determined based on a consideration of the following factors:

 

·   The length of the relationship,

·   The type of relationship,

·   The frequency of interaction between the persons involved in the relationship (34 U.S.C.12291(a) (10).

In Alabama, dating violence is covered under Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.

 

Stalking:

Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to  a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress 34 U.S.C.12291(a)(30).

In Alabama, stalking is when a person intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm (13A-6-90 Stalking in the first degree) or a person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct (Section 13A-6-91 Stalking in the second degree).

 

Sexual assault:

Means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting systems of the Federal Bureau of Investigation 20 U.S.C.1092 (f)(6)(A)(v).

Victims Option to Report

Students and employees who are victims of crime including rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking, are encouraged by the College to report but do have the option not to report the incident to campus law enforcement, or local law enforcement. In those cases, the victim may still seek assistance confidentially from a service provider.  A list of possible service providers can be found here.

Formal Complaint Process

INITIAL STEPS

 Any  student or employee of the College or applicant for employment or admission who has a complaint against a student or a member of the College faculty, staff, or administration concerning sexual harassment (Title IX of the Educational Amendments of 1972) or has knowledge of any conduct constituting sexual harassment in an educational program or activity of the College or which occurred on property owned by the College or controlled by the College should report the complaint to the campus Title IX Coordinator.  An educational program or activity of the College includes, but is not limited to locations, events or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes buildings owned or controlled by a student organization that is officially recognized by the College.

REPORTING A COMPLAINT

Any individual may report sexual harassment incident to Title IX Coordinator in person, by email, by telephone, or in writing. The report must include the names of the Complainant(s) and Respondent(s), approximate date of incident, facts of the incident, and contact information for the person submitting the complaint.

The Title IX Coordinator will respond in writing to the person submitting the complaint as soon as practicable, but not exceeding five (5) business days. If the person submitting the complaint is not the Complainant, the Title IX Coordinator will also contact the Complainant within five (5) business days.

 

If after a discussion with the Complainant, the Title IX Coordinator determines that the complaint does not qualify as a Title IX Complaint, the Title IX Coordinator will notify the Complainant in writing and may redirect the Complaint to the appropriate committee.

 

If after a discussion between the Complainant and the Title IX Coordinator, the Title IX Coordinator determines that the complaint meets the criteria of a Title IX Complaint and the Complainant requests to file a formal complaint, the Title IX Coordinator will initiate the formal complaint process.

 

SUPPORTIVE MEASURES

Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

 

Supportive measures will be offered to the Complainant within five (5) business days of receipt of the complaint.

 

Supportive measures will be offered to the Respondent simultaneously with the Notice of Allegations.

 

STANDARD OF EVIDENCE FOR DETERMINING RESPONSIBILITY

For the purposes of the College’s Title IX procedures, the College will use a “clear and convincing” standard for determining responsibility. A “clear and convincing” evidence standard means evidence that, when weighed against evidence in opposition, will produce in the mind of the Hearing Decision Marker(s) a firm conviction as to the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.

Preponderance = 50.1% Beyond Reasonable Doubt = 99%

FORMAL COMPLAINT PROCESS

 A formal complaint must be submitted in electronic (email) or written format to the Title IX Coordinator and must be signed by the Complainant. In the event that under the circumstances a formal complaint should be pursued notwithstanding a Complainant’s desire not to file a formal complaint, the Title IX Coordinator may sign the complaint. The complaint must include the following:

●                the date of the original complaint,

●                names of Complainant and Respondent,

●                facts and description of the complaint, and

●                the request to investigate the complaint.

A Complainant must be participating in or attempting to participate in a College sponsored program or activity at the time the complaint is filed.

DISMISSAL OF FORMAL COMPLAINT

 The College may dismiss a formal complaint or allegations therein if:

●       the Complainant informs the Title IX Coordinator in writing that the Complainant desires to withdraw the formal complaint or allegations therein,

●       the Respondent is no longer enrolled or employed by the school, or

●       specific circumstances prevent the school from gathering sufficient evidence to reach a determination.

 

 The College must dismiss a formal complaint or allegations therein if:

●       the allegations do not meet the definitions of sexual harassment

●       the alleged conduct did not occur within the United States, or

●       the alleged conduct did not occur within a College sponsored program or activity.

If the College determines the formal complaint or allegations therein will be dismissed, the Title IX Coordinator will provide written notice to both parties of the dismissal of allegations, and the reason for dismissal within five (5) business days of the decision to dismiss the complaint.

NOTICE OF ALLEGATIONS

The Title IX Coordinator will provide simultaneous written notice of allegations, including sufficient details, and intent to investigate the Complainant and Respondent no later than ten (10) calendar days after receipt of the formal complaint. The Title IX Coordinator will also provide both parties with the formal complaint, grievance and appeal process, possible sanctions and remedies, and availability of advisors.  The written notice shall include a statement that the respondent is presumed not responsible for the alleged conduct, that the parties and their advisors may review and inspect evidence, and advise the parties of the provisions of the College Code of Conduct relating to making false statements or submitting false information during the grievance process.

The Title IX Coordinator will additionally notify the Title IX investigator of the pending investigation and provide a copy of the formal complaint.

ADVISORS

In addition to providing the Complainant and Respondent with written notice of allegations and intent to investigate, the Title IX Coordinator will inform the parties that they may each obtain one designated personal advisor, who may be selected by the party or, in the alternative, appointed by the College.

Party-Designated Advisor: Both parties shall have the right to designate one personal advisor. This party-designated advisor can be legal counsel or other type of personal representative (i.e., pastor, family member, AEA Representative, friend) and shall be retained at the respective party's own cost.  Other persons may be selected by the party as additional advisors to attend meetings and hearings, but additional advisors are not permitted to speak or otherwise participate.

 
College-Designated Advisor: In the event that either party does not or cannot designate their own advisor, that party shall have the right to request one advisor to be provided by the College by making a request in writing to the Title IX Coordinator and declaring that the party has not selected another advisor. An advisor will be appointed for the party at the discretion of the College. Once requested, a party may not dismiss a College-designated advisor unless that party elects to retain legal counsel.  A College-designated advisor will be released by the College if a party subsequently designates legal counsel as its advisor.
 
Either the party or the party’s designated advisor (not both) may conduct cross-examination during the live hearing.
 
A party is never required to obtain an advisor.
 
At no time may any party have more than one designated advisor. A designated advisor may speak on the party’s behalf when appropriate.

 

Investigation Procedure

The Title IX investigator is responsible for conducting an investigation of the submitted formal complaint. The Title IX investigator will have received Title IX investigator training within the current academic year.

 

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties.

 

The Title IX investigator will notify the Complaint and Respondent in writing of the intent to investigate within five (5) business days of receipt of the formal complaint and will commence interviews within ten (10) business days or receipt of the formal complaint. The Title IX investigator will notify the Complainant and Respondent and their respective advisors in writing of all individuals the investigator intends to interview. 

 

Either party may identify other witnesses with relevant information for interview or other evidence for review by the investigator.

 

The Title IX investigator will conduct a factual investigation of the formal complaint and shall research applicable statutes, regulations, and/or policies, if any. The Title IX investigator will notify any interviewees in writing of the intent to interview. Interviewees will have at least five (5) business days’ notice of an interview. Notice will include the participants, date, place, purpose, and time of the interview.

 

The College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory (tending to establish fault or guilt) and exculpatory (clearing or tending to clear from alleged fault or guilt) evidence. Credibility determinations may not be based on a person’s status as a complainant, respondent or witness.

 

The College will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the College may establish restrictions regarding the extent to which the advisor may participate in proceedings, as long as the restrictions apply equally to both parties.

 

The College will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

 

The College will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal access to refer to such evidence during the hearing, including for purposes of cross-examination.

Prior to the completion of the investigative report, the Title IX investigator will submit all reviewed evidence to the Title IX Coordinator.

The Title IX Coordinator will provide copies of all evidence reviewed during the investigation to the Complainant, Respondent, and their respective advisors. All parties will have ten (10) business days to review the evidence and respond in writing to the Title IX Coordinator.

Subsequent to the ten (10) business day review period, the Title IX Coordinator will direct any responses from the Complainant, Respondent, or their respective advisors to the Title IX Investigator for additional review. The Title IX Investigator will submit a final report and the reviewed evidence to the Title IX Coordinator. At least 10 days prior to the live hearing, the Title IX Coordinator will simultaneously provide the Complainant, Respondent, their respective advisors, with the final report and all reviewed evidence for their review and written response. The President will select a Hearing Officer to conduct the live hearing. The Hearing Officer shall be provided a copy of the investigative report and reviewed evidence.

Live Hearing Procedure

Upon completion of the final investigative report, the Hearing Decision Maker(s) will schedule a live hearing. The Hearing Decision Maker(s) will have completed Decision Maker training during the current academic year. If there are multiple Hearing Decision Maker(s), one shall be designated as the Primary Decision Maker. The Hearing Decision Maker(s) will notify the Complainant, Respondent, their respective advisors, Title IX Coordinator, Title IX Investigator, and witnesses named in the final report of the live hearing date. The live hearing date must provide the Complainant, Respondent, and their respective advisors with no less than ten (10) business days to review the final investigative report and all supporting evidence. (NOTE: A Hearing Officer may be utilized in addition to the Hearing Decision Maker(s).)  

The hearing must be a live, recorded hearing with the opportunity for both advisors to conduct cross-examinations. The hearing shall be recorded by either a court reporter or on audio or video tape 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 part of the hearing record.

Upon request, the Complainant and Respondent may participate in the hearing via on-campus video conferencing provided that all parties, including the Decision Making Panel, are able to see and hear the party or witness answering questions in real-time.

The Hearing Officer, Decision Makers, Complainant, Respondent, and their respective advisors will attend the hearing. The Title IX investigator, Title IX Coordinator and witnesses will be called to provide testimony if requested by the Decision Makers, parties or their respective advisors.

If a party does not have an advisor present at the live hearing, the College shall provide without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be an attorney.

The hearing process will consist of:

●       Opening statement by Hearing Officer

●       Review of hearing procedures, formal complaint and notice of allegations by Hearing Officer

●       Review of potential hearing outcomes and sanctions by Hearing Officer

●       Complainant Testimony

●       Cross-examination of Complainant by Respondent advisor

●       Testimony of Witnesses of Complainant

●       Cross-examination of Complainant Witnesses by Respondent advisor

●       Respondent Testimony

●       Cross-examination of Respondent by Complainant advisor

●       Witnesses of Respondent Testimonies

●       Cross-examination of Respondent Witnesses by Complainant advisor

●       Decision Maker inquiries

●       Review of appeal process by Hearing Officer

●       Closing statement by Hearing Officer

●       Dismissal of parties

 ●       Decision Maker deliberations

At the hearing, the Hearing Officer shall read the hearing procedures, notice of allegations, formal complaint, potential hearing outcomes, and potential sanctions. After the Hearing Officer concludes opening statements, the Complainant shall have the opportunity to present such oral testimony and offer such other supporting evidence as deemed relevant to the formal complaint. Subsequent to Complainant testimony, the Respondent advisor may conduct cross-examination. The Decision Makers may question the Complainant after the cross-examination.

The Complainant may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Respondent advisor may conduct cross-examination of the witnesses. The Decision Makers may question the witnesses after the cross-examination.

The Respondent shall then be given the opportunity to present such testimony and offer such other evidence as deemed relevant to the Respondent's defense against the formal complaint. Subsequent to Respondent testimony, the Complainant advisor may conduct cross-examination. The Decision Makers may question the Respondent after the cross-examination.

The Respondent may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Complainant advisor may conduct cross-examination of the witnesses. The Decision Makers may question the witnesses after the cross-examination.

Only relevant cross-examination and other questions may be asked of a party or witness.

During cross-examination, the advisor will pose each question orally to the Primary Decision Maker. The Primary Decision Maker will determine if the Complainant, Respondent, or witnesses may respond to the question. If the Primary Decision Maker chair determines that the question is not relevant, the Primary Decision Maker will explain the rationale for dismissing the question. Rape shield protection is provided for Complainants which deems irrelevant questions and evidence about a Complainant’s prior sexual behavior unless offered to prove that someone other than the Respondent committed the alleged misconduct or if the questions and evidence concern specific incidents of Complainant’s prior sexual behavior with respect to the Respondent and offered to prove consent.

If a witness or party is not available or otherwise refuses to attend the hearing or attends but declines cross-examination, the statements of that witness or party, whether given during the investigation or the hearing, may be considered by the Hearing Decision Maker(s) in reaching a determination regarding responsibility. The Hearing Decision Maker(s) shall not draw an inference about the determination regarding responsibility based solely on a party or witness's absence from the live hearing or refusal to answer cross-examination or other questions. 

Upon conclusion of the presentation of the evidence and cross-examinations, the Hearing Officer shall read the appeal process and closing statements. The Complainant, Respondent, their respective advisors and all witnesses shall be dismissed.

The Decision Makers will deliberate to determine if the Respondent is deemed responsible and submit a written hearing report which contains:

●    identification of the allegations potentially constituting sexual harassment;

●  a description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

●    findings of fact supporting the determination;

●    conclusions regarding the application of the College’s code of conduct to the facts;

●   a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and

 ●   the College’s procedures and permissible bases for the complainant and respondent to appeal.

The Primary Decision Maker will submit the hearing report to the Hearing Officer within ten (10) business days of the live hearing.

The Hearing Officer will submit the hearing report simultaneously to the Title IX Coordinator, Complainant, Respondent, and their respective advisors within three (3) business days of receipt of the hearing report.

The College must provide the written determination to the parties simultaneously.  The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The Title IX Coordinator will retain the recording of the hearing, the hearing report, the investigative report, and all evidence obtained during the investigation and all evidence offered at the hearing.

Appeal Procedure

Appeals of a determination regarding responsibility and from the College’s dismissal of a formal complaint or any allegations therein are available to both parties on the following grounds: (1) procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made, that could affect the outcome; and/or (3) the Title IX Coordinator, Investigator, or a Decision Maker had a conflict of interest or bias that affected the outcome.

 

The President of Enterprise State Community College or his/her designee shall be the appeal authority in upholding, rejecting, or modifying the recommendations of the Decision Maker Panel. The President or his/her designee shall not be bound in any manner by the recommendation(s) of the Decision Maker Panel, but shall take it (them) into consideration in rendering his/her decision.

 

Either party may file a written request with the President requesting that the President review the decision of the Decision Maker Panel. The written request must be filed within ten (10) business days following the party's receipt of the hearing report. If the appeal is not filed by the close of business on the tenth (10th) business day following the party's receipt of the report, the party's opportunity to appeal shall have been waived.

 

As to all appeals, the College will:

 

●    notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

●    ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.

●    ensure the decision-maker(s) for the appeal complies with the standards set for in 34 C.F.R. § 160.45(b)(iii);

●    give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;

●    issue a written decision describing the result of the appeal and the rationale for the result; and

●    provide the written decision simultaneously to both parties.

 

A decision on a party’s appeal shall be rendered within 30 calendar days of the initiation of the appeals process. The time for decision may be extended for exigent circumstance or as may be otherwise agreed by the parties.

 

If the Respondent is also an employee of the College, the individual may also file a claim with the Equal Employment Opportunity Commission within 180 days of the alleged discriminatory act.

 

Informal Resolution

The College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section. Similarly, the College may not require the parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility the College may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the College does the following:

 

(i) provides to the parties a written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(ii)  obtains the parties’ voluntary, written consent to the informal resolution process; and

(iii) does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

 

Retaliation Prohibited

Neither the College nor other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated in any manner an investigation, proceeding, or hearing conducted under this policy. Complaints alleging retaliation may be filed according to the grievance procedures included in the formal complaint process. The College shall keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness except as may be permitted by FERPA statute, 20 U.S.C. 1232g or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Range of Possible Sanctions

On final determination of responsibility the following sanctions may be imposed against a respondent:

For Students:

Reprimand

Written notice that continuation or repetition of improper conduct may be cause for further disciplinary action. 

Restitution

Compensation for damages to property owned by the College, limited to actual cost of repair or replacement.

Probation

This sanction is for a designated period of time, which may include exclusion from privileges, such as extracurricular activities and/or on-campus driving privileges. Furthermore, if the student is determined by any of the disciplinary procedures herein to be in subsequent violation of the Code of Student Conduct during the probationary period, the student may be either suspended or expelled. Provisions of the probationary period shall be determined and expressed by the Title IX Coordinator.

No Contact Orders

Written notice to cease all contact with an alleged victim of sexual misconduct. 

Cease and Desist Orders 

The alleged perpetrator will be directed by written notice to cease and desist any activity noted by the alleged victim as offensive or threatening and that may be a violation of the Title IX & Sex Discrimination Policy.

Voluntary Withdrawal

A student may be given the option to voluntarily withdraw from a class or from the College in lieu of disciplinary action. The Title IX Coordinator, in some circumstances, may specify a period of time before the student may apply for readmission or re-enroll in a class or classes. To qualify for readmission, the student must receive approval from the Dean of Students and meet the academic standards for readmission. Students will not be eligible for any refund from the College. (If a student withdraws before disciplinary procedures are carried out, the student will be subject to discipline as may be imposed by the designated College official at the time of reentry into the College).

Suspension

Separation from the College for a definite period of time. A student may be suspended for a specific period of time not to exceed two (2) years. To qualify for readmission after suspension, a student must receive approval from the Dean of Students and meet all reasonable requirements and academic standards for readmission. Students will not be eligible for any refund from the College. 

Expulsion

An indefinite termination of a student from the College for a period of not less than two (2) years. To qualify for readmission after expulsion, a student must receive approval from the Dean of Students and meet all reasonable requirements and academic standards for readmission. Students will not be eligible for a refund from the College. Under certain conditions, expulsion could mean permanent severance from the College. 

 

Other Requests of the complainant as deemed appropriate. 

For Employees:

For violations of this policy by faculty or staff members, disciplinary penalties (in accordance with the employment laws, regulations, and policies governing the employee in question) may include: 

●     Counseling or training; 

●     Written warning; 

●     Reprimand; 

●     Suspension with or without pay; 

●     Demotion; 

●     Termination;

●     Other requests of the complainant as deemed appropriate.

 

For Individuals other than employees or students:

For violations of this policy by an individual unaffiliated with the College, disciplinary penalties may include:

● banning from any College campus or property

● criminal charges

● trespassing charges

● other requests of the complainant as deemed appropriate. 

At any time in the grievance process the College may impose a temporary delay or limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

Neither the College assigned Investigator or Decision Makers and any person who facilitates an informal resolution process shall require, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

The College’s Title IX Coordinators, Investigators, Decision Makers shall all have received training for their respective roles prior to participating in a Title IX Complaint or grievance process.  All materials used to train the Title IX Coordinators, Investigators, Decision Makers and any person who facilitates an informal resolution process may be found on the College’s website at www.escc.edu.

623.01: Criminal Background Checks

A criminal background check shall be conducted through a vendor selected by the Chancellor on all new hires and volunteers at Enterprise State Community College. A criminal background check may also be conducted for selected internal candidates or if the institution has reasonable suspicion that a current employee or volunteer has been convicted of a felony or a crime involving moral turpitude. Individuals convicted of a felony or crime involving moral turpitude will not be eligible for employment or volunteering except with the Chancellor's approval.

Procedure

1. Employment or volunteer service shall be contingent upon an acceptable criminal background check. 
   
2. Each new hire or current employee convicted of a felony or crime involving moral turpitude must obtain a recommendation from the President for the Chancellor's approval that the new hire or current employee is suitable for employment. Factors to be considered in determining whether the individual is suitable include, but are not limited to: 
   1. The proximity or remoteness in time of the conduct 
   2. The risk of harm to persons or property of the institution 
   3. The nature of the crime and likelihood of recurrence 
   4. The nature of the job e. Any extenuating circumstances 
   
   
3. Within five (5) calendar days, an employee convicted of a felony or a crime involving moral turpitude must report the conviction to the President. An unreported conviction will be subject to disciplinary measures for failure to report. 
   
4. Enterprise State Community College shall require vendors with regular contact with students to perform background checks of their employees. 

624.01: Reduction in Force

Enterprise State Community College has implemented a reduction-in-force (RIF) action under the following conditions should such an action become necessary and appropriate under Alabama’s Students First Act of 2011 found in Alabama Code §16-24C-6(h)(3) with the written consent of the Chancellor.

A reduction in force (RIF) is defined as:

Layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to extraordinary circumstances such as but not limited to decreased student enrollment, shortage of revenues, programs or courses are impractical or economically unreasonable, or changes in academic mission, administrative or ministerial function that necessitates significant organizational changes.

The College may adopt additional policies or guidelines for RIF actions that are consistent with this Policy.

Procedure:

If believed that a Reduction In Force (RIF) is warranted, the President of the College may submit a written request for approval of a RIF action to the Chancellor indicating the reason for the RIF, the current employee roster of the affected organizational unit with employee classifications, and how the employee roster is proposed to be affected and the manner in which the unit and employee will be affected. Before proceeding with the RIF, the President must obtain written approval to proceed with the proposed RIF action. 

The President shall: 

1. in the event of a proposed reduction-in-force, identify each organizational unit and each employee to be affected by the reduction-in-force to the Chancellor and the manner in which unit and employee shall be affected;
2. in the event of an approved reduction-in-force action, temporary and/or part-time employee(s) performing the same duties as non-temporary full-time personnel shall be released prior to the release of any of the non-temporary full-time employee(s);
3. in the event of an approved reduction-in-force action affecting non-temporary full-time personnel, a probationary employee performing the same duties as a respective non-probationary employee shall be released prior to the release of the non-probationary employee;
4. in the event of an approved reduction-in-force, affecting a full time non-probationary employee, the following factors shall be taken into consideration in the following order: 
   1. The requirements of any applicable court order or consent decree; 
   2. Seniority at the respective college in the respective job classification taking into consideration minimum qualifications for the respective position. 
   3. Seniority at the respective college in the respective organizational unit;
   4. Seniority in general at the respective college; 
   5. Education level. 
      
5. when the respective institution imposes a reduction-in-force action and the President determines that a full-time non-probationary employee who is not the senior person in a given job classification or occupational area possesses a certain license, certification, or job skill the loss of which would be severely detrimental to the operation of the college, the President may request review and approval by the Chancellor of an exception to the general guidelines relating to the release of full-time personnel on continuing service status. (This exception shall not be available for part-time, temporary, or probationary employees.)

625.01: Progressive Discipline Policy

Enterprise State Community College's progressive discipline policy and procedures are designed to provide a structured corrective action process to prevent reoccurring undesirable employee behavior and to improve employee job performance. All employees, including supervisors and administrators, are subject to progressive disciplinary action.

Enterprise State Community College reserves the right or to combine or skip steps depending on the facts of each situation and the nature or severity of the offense. The level of disciplinary intervention may ry accordingly. Enterprise State Community College's progressive discipline policy has been designed to adhere to procedures outlined in the Students First Act.

Procedure

Step 1 - Verbal Warning
When deciding upon verbal or written warning the impact of the incident or violation should be taken into consideration. In many situations a verbal warning/counseling is sufficient. The purpose of a verbal warning is to clarify policies and expectations. The supervisor should document for his or her records that the conversation occurred including date, time and location verbal warning was issued. Documentation can be in the form of handwritten or typed notes.

Step 2 - Written Warning
If the conduct addressed by a verbal warning is repeated or related problems occur within 12 months of verbal warning, the supervisor should follow up with a written warning in the form of an Employee Disciplinary Action Form to be placed in the employees personnel file.

Step 3 - Suspension with or without Pay
If the conduct addressed by the written warning is repeated or related problems occur within a 12-month period, discipline will result in a supervisor recommended suspension in the form of an Employee Disciplinary Action Form. The suspension process will follow the Students First Act procedures outlined for suspension.

Step 4 - Termination of Employment
Recommendation for termination may be based on progressive discipline within a 12-month period or based on the severity of a single incident. Recommendation for termination will be submitted by the Supervisor, appropriate Dean or Human Resources in the form of an Employee Disciplinary Action Form. The termination process will follow the Students First Act procedures outlined for termination.

626.01: Email Communication

Enterprise State Community College uses electronic mail (e-mail) as a communication tool in furtherance of its mission. The e-mail system iS intended to be used for College business purposes only. Employees accessing ESCC's e-mail system are required to adhere tO the following policy and procedures. Violation of this e-mail policy may result in disciplinary action, up to and including termination.

• All communications and information transmitted, received, or archived in ESCC's email system or stored on computers, tablets, cell phones, or other computing or communication devices belonging to the College are College property. The Federal Electronic Communications Privacy Act (ECPA) gives the College's administration the right to access and disclose all employee e-mail messages transmitted or received via the institution's computer system. ESCC reserves the right to monitor employees' email activity. With regard to e-mail, employees should have no expectation of privacy. Be aware that the College's administration may access and monitor e-mail at any time for any reason without notice.
• Employees are prohibited from using the College's e-mail system in any way that violates the State of Alabama Ethics Law, including using the College's e-mail system to campaign for a political candidate, espouse political views, promote a religious cause, promote a business, or advertise the sale of merchandise for personal gain.
• E-mail passwords are the property of ESCC. Employees are required to provide the IT Division with current passwords when requested. Only authorized personnel are permitted to use passwords to access another employee's e-mail without consent. Misuse of passwords, the sharing of passwords with non-employees, and/or the unauthorized use of another employee's password will result in disciplinary action, up to and including termination.
• Employees are responsible for protecting the privacy of those who entrust their personal information to the College, including students, vendors, and other employees. Confidential or personal information never should be sent via e-mail without the understanding that it can be intercepted. This includes the transmission of the organization's intellectual property, financial information, Social Security numbers, student records, employee data and/or other confidential material. When sending confidential material (or any messages for that matter), employees should use extreme caution to ensure the intended recipient's e-mail address is correct.
• Exercise sound judgment and common sense when distributing e-mail messages. Student-related messages should be carefully guarded and protected, like any other written materials, to ensure compliance with FERA regulations.
• Employees must abide by applicable copyright laws in all e-mail communication.
• E-mail usage must conform to ESCC's harassment and discrimination policies. Messages containing defamatory, obscene, menacing, threatening, offensive, harassing, or otherwise objectionable and/or inappropriate statements--and/or messages that disclose personal information without authorization are prohibited. If you receive this type of prohibited, unsolicited message, do not forward it. Notify your supervisor and / or the IT Division about the message. Delete the message as instructed by the administration.
• E-mail messages should be treated as formal business documents. Style, spelling, grammar, and punctuation should be appropriate and accurate, and the rules of netiquette must be adhered to.
• Employees are prohibited from sending jokes via e-mail. Jokes, which often contain objectionable material, are easily misconstrued when communicated electronically. The IT Division maintains College-wide, campus-wide, and other group e-mail distribution lists. Only authorized employees may send College-wide and campus-wide e-mails. The President's Council determines which employees are authorized to do so. The list of these employees is provided to the IT Division by the President's office and distributed to all employees by e-mail. Any employee who does not have such authorization but has a need to send a College-wide or campus-wide e-mail a should send a draft of the e-mail to his/her supervisor for approval and distribution or advancement through the chain of command.
• Only the IT Division may generate public e-mail distribution lists.
• Employees are responsible for checking their College e-mail each work day and for knowing and adhering to ESCC's e-mail retention and deletion policies.