Board of Trustees Policies

The President shall be appointed by the Board of Trustees in accordance with the provisions of the Education Law which applies to the operation of community colleges. The affirmative vote of a majority of all voting members of the Board shall be required.

Appointments of all other members of the staff and faculty shall be made by the President and shall be noted by the Board of Trustees. Appointments of part-time employees shall be made by the Vice President overseeing the department where the part-time employee shall work. See also Article VII of the Agreement between the County of Sullivan and Teamsters Local 445 (hereafter referred to as the Teamster CBA) and Articles 13, 14 and 15 of the Agreement between Sullivan County Community College and The Professional Staff Association (hereafter referred to as the PSA CBA.)

Employment of Managerial/Confidential Employees

Sullivan County Community College employs individuals to fill certain titles to perform managerial and confidential functions as defined by the New York Civil Service Law. Such employees do not have academic rank, tenure or continuing appointment.

The employment relationship between the College and its Managerial and Confidential employees is “at will.” That means that either Sullivan County Community College or the Managerial and Confidential employees may terminate the employment relationship at any time for any reason. Nothing in any manual, appointment letter, or any other document or statement, whether oral or written, should be construed to create or imply a continuing employment expectation for any Managerial/Confidential (MC) employee.

Work Schedule

MC employees establish a normal work schedule to be approved by the immediate supervisor. Such schedule is result driven and position specific. There are frequent meetings during the evening at which attendance must be considered as part of the normal responsibilities of those who are in this area of work.

Also, there may be times when the workload may be such as to require numerous hours beyond that considered to be the normal working hours. This is considered a part of the responsibility of those who are classified as MC employees. An MC employee’s schedule, on the other hand, is sufficiently flexible to allow for time away from the office during the normal work day with the approval of the immediate supervisor. As an exempt employee, MC employees are not eligible for premium overtime pay or compensatory time.

Separation from Service

Although MC employees may terminate their employment relationship at any time for any reason, MC employees separating from service are encouraged to give the College sixty days notice of resignation and/or four months (120 days notice) of intent to retire.

The President may dismiss any MC employee at any time for any reason. At the discretion of the President, the employee may be offered a severance package in addition to payment of allowed vacation leave accruals.

Insurance Benefits

Health insurance for MC employees shall be administered in a manner consistent with the provisions of the collective bargaining agreement between the College and the Professional Staff Association (“PSA CBA”). Life insurance for MC employees shall be administered in a manner consistent with the provisions of the PSA CBA. Disability insurance for MC employees shall be administered in a manner consistent with the provisions of the PSA CBA.

Insurance benefits for MC employees are subject to modification by the College at any time, with or without notice.

Retirement Plan Options

Membership in retirement systems for MC employees shall be administered in a manner consistent with the provisions the PSA CBA and the options and eligibility requirements determined by the State University of New York and the retirement systems’ rules.

Retirement Plan Options for MC employees are subject to modification by the College at any time, with or without notice.

Paid Leave

MC employees are considered twelve month employees and accrue the benefit time during the fiscal year (i.e., September 1st through August 31st). MC employees accrue the following benefits, which are subject to change by the College, with or without notice:

Sick leave 10.5 hours (1 1⁄2 days) per month
Personal leave 3.5 hours (1⁄2 day) per month
Vacation 14 hours (2 days) per month
Holidays employees will receive their regular daily pay on days where the College is closed in observance of a holiday

College closure employees will receive their regular daily pay on days where the College closes or changes its operating schedule due to weather or other emergencies only if the employee is expected to work on that particular day and has not been granted the day off using benefit time. No additional accrual of leave time will occur if the MC employee works on or off-site during a campus closure.

Sick leave may be used for the employee’s own illness or to care for a spouse, child, parent or parent-in- law, or for medical appointments. Unused accrued sick leave may be carried over to the next year. An employee may accrue up to 200 days of sick leave. Sick leave has no monetary value upon separation from service.

Personal leave may be used to attend to personal matters. Unused accrued personal leave shall be converted to sick leave at the end of the fiscal year. Personal leave has no monetary value upon separation from service.

Vacation time must be approved by the MC employee’s supervisor prior to being scheduled. Unused and accrued vacation may be carried into the next fiscal year. If an employee’s accrual balance exceeds 40 days at the end of the fiscal year (August 31st), his or her vacation time will be reduced to 40 days effective September 1st. The maximum amount of vacation time that an employee may receive upon separation from service is 30 days.

Salary

The salary of an MC employee will be approved by the President based on a schedule approved by the Board of Trustees upon the recommendation of the President. Such salary is a fixed annual salary that is paid on a bi-weekly basis. Employees are paid to perform a specific job rather than for specific hours of work and therefore are not authorized overtime pay.

Salary increases for MC employees are determined by the Board of Trustees.

Waiver of Tenure

It is specifically understood and agreed that MC employees shall not be eligible for continuing appointment (i.e., tenure) or similar status. Persons who vacate a position with academic rank or who have been appointed initially in an academic rank eligible for continuing appointment shall retain their progression toward or achievement of continuing appointment upon accepting an MC position and their progress toward or achievement of continuing appointment will be held in escrow for one year. Should the employee decide to return to the continuing appointment eligible position within one year, tenure or progress toward tenure will be reactivated less the time spent in an MC role.

4.01 Administrative Appointment Policy

SUNY Sullivan is an open admission public institution providing students meet the admission criteria of the institution as outlined in the College Catalog.

SUNY Sullivan policy prohibits discrimination on the basis of race, color, religion, sex, marital or parental status, national origin or ancestry, age, mental and/or physical disabilities (except where they are bona fide occupational qualifications), sexual orientation, gender identity, military or veteran status, or other legally protected characteristics or conduct. The College’s nondiscrimination policy applies to the admission and retention of students; recruitment, employment, and retention of faculty and staff; and access to and treatment in the College’s programs and activities.

The College is obligated to provide and maintain an atmosphere within the College Community that is conducive to academic pursuits and ensure campus safety.

APPLICABILITY/ACCOUNTABILITY

These policies are applicable to the admission of prospective students who have been convicted of a felony and/or dismissed from a college or university for disciplinary reasons.

The authority for this policy is:

1. 8NYCRR 605.2 – Admission to college programs shall be based on the qualifications of the applicant and shall be granted in a nondiscriminatory manner.
2. 8 NYCRR 600.2 – The college trustees shall discharge such other duties as may be appropriate or necessary for the effective operation of the college.

POLICY STATEMENT

SUNY Sullivan is governed by state and federal statutes, regulations, rules and policies of the SUNY Sullivan Board of Trustees as well as the regulations, rules and policies of the State University of New York (SUNY), and other applicable laws and collective bargaining agreements.

SUNY Sullivan will not deny the opportunity for admission to study solely because of your status as a known ex-offender or due to dismissal from another college. The College, however, reserves the right to deny the opportunity to study when such study would involve unreasonable risk to property or to the safety and welfare of specific individuals or the general public.

DEFINITIONS

Dean of Student Development Services (Dean). The individual designated to act as the central clearinghouse for reviewing and coordinating the admission of ex-offenders.

Dismissal from a college. Dismissal from a college for disciplinary reasons is defined as temporary and/or permanent separation from an institution of higher education on the basis of conduct or behavior.

Felony. A felony in New York State law is defined as a crime for which more than one year in prison may be imposed. The felony questions apply if you have been convicted as an adult. If you have been adjudicated as having juvenile delinquent or youthful offender status, you are not required to respond “yes” to the felony question.

Admissions Screening Committee. The persons duly charged by the President of SUNY Sullivan to review applications, felony and arrest records, and/or disciplinary records of applicants who have felony convictions and/or were dismissed from another educational institution. The Dean of Student Development Services, the Director of Public Safety, and The Director of Admissions are standing members of the committee though others may be appointed at the discretion of the President of SUNY Sullivan.

4.02 Admission of Ex-Offender Policy

Earning Benefit Time

The amount of hours attributed to a position by the Collective Bargaining Agreement (CBA) or, for those not covered by a CBA, the employee’s contract.

Accrued Benefit Time

The amount of actual hours an employee is eligible to use as time off based on the number of  months the employee worked during the current academic year or as provided for under the CBA or contract.

Managerial Confidential Employees

Managerial Confidential employees are granted 14 sick days(98 hours), 6 personal days(42 hours) and 24 days (168 hours) of vacation per fiscal year. In the interest of employee personal needs and College fiscal liability, upon submission of a signed contract, an employee will be credited with half of the granted leave effective September 1st and the other half effective February 1st in anticipation of the employee working the term of the signed contract. Any employee who terminates employment prior to the completion of his or her contract will be entitled to be paid for only the amount of vacation time accrued as a result of the actual time worked during the contract year. Sick and personal time have no monetary value at the time of termination. An employee who has used more benefit time than he or she is entitled to will have the monetary value of the excess time subtracted from his or her final pay or the time deducted from any vacation time paid at the time of termination.

Sick, Personal and Vacation time is prorated by dividing the annual benefit time granted by 12 months. Employees are credited with a half month of benefit time if the date of hire is the 16th of the month or later or the date of termination is between the first and 15th of the month; a full month if the date of hire is between the first and 15th of the month or the date of termination is the 16th of the month or later. The accrued time is then rounded, following standard rounding principles, to the nearest quarter hour, e.g. 4.34 hours becomes 4.25 hours and 4.68 becomes 4.75 hours.

In the interest of providing work-life flexibility, Managerial Confidential employees are expected to work a minimum of 35 hours per week in order to maintain their full-time status. Beginning 9/1/2011 benefit time will be tracked in hours and can be used by employees in as little as quarter hour increments, with approval from the employee’s immediate supervisor, in order to ensure that the employee maintains his or her full-time status by accounting for a minimum of 35 hours per week.

Academic Support staff and Non-teaching faculty

In accordance with section 2102.2 of the PSA CBA, Academic Support staff and Non-teaching faculty are granted either 12 sick days (84 hours) or 14 sick days (98 hours), 5 personal days (35 hours) and 25 (175 hours), 36 (252 hours) or 44 (308 hours) days of vacation per fiscal year. Vacation time is accrued on a monthly basis over a ten month period (September 1st through June 30th) that results in the employee accruing the full annual vacation time by the 30th of June each year. Any employee who terminates employment prior to the completion of his or her contract will be entitled to only the amount of vacation time accrued as a result of the actual time worked during the contract year.

In the interest of employee personal needs and College fiscal liability, upon submission of a signed contract, an employee will be credited with half of the granted vacation time effective September 1st and the other half of the vacation time effective February 1st in anticipation of the employee working the term of the signed contract. Any employee who terminates employment prior to the completion of his or her contract will be entitled to only the amount of vacation time accrued as a result of the actual time worked during the contract year.

If an employee is hired between September 1st and June 30th, the annual amount of vacation time attributed to the position is divided by 10 (to determine the monthly accrual) and then multiplied by the number of months between the date of hire and June that the employee is anticipated to work. If an employee terminates prior to the end of the academic year of his or her first year of employment, the monthly accrual is multiplied by the number of months worked in the current academic year by the departing employee. Employees are credited with a full month of benefit time if the date of hire is between the first and 15th of the month; a half month if the date of hire is the 16th of the month or later. The accrued time is then rounded, following standard rounding principles, to the nearest quarter hour, e.g. 4.34 hours becomes 4.25 hours and 4.68 becomes 4.75 hours.

For employees terminating prior to the end of their 2nd or subsequent year of employment, vacation time is prorated by dividing the annual benefit time granted by 10 months (i.e., September 1st through June 30th.) Employees are credited with a half month of benefit time if the date of termination is between the first and 15th of the month and a full month if the date of termination is the 16th of the month or later. The accrued time is then rounded, following standard rounding principles, to the nearest quarter hour, e.g. 4.34 hours becomes 4.25 hours and 4.68 becomes 4.75 hours.

In accordance with section 2105 of the PSA CBA, Academic Support staff and Non-teaching faculty
accrue half of the annual sick time effective September 1st and the second half of the annual sick
time effective February 1st each year.

If an employee is hired between September 1st and June 30th, the annual amount of sick time attributed to the position is divided by 10 (to determine the monthly accrual) and then multiplied by the number of months between the date of hire and June that the employee is anticipated to work. If an employee terminates prior to the end of the academic year of his or her first year of employment, the monthly accrual is multiplied by the number of months worked in the current academic year by the departing employee. Employees are credited with a full month of benefit time if the date of hire is between the first and 15th of the month; a half month if the date of hire is the 16th of the month or later. The accrued time is then rounded, following standard rounding principles, to the nearest quarter hour, e.g. 4.34 hours becomes 4.25 hours and 4.68 becomes 4.75 hours. Sick time has no monetary value at the time of termination.

In accordance with section 2105 of the PSA collective bargaining agreement, Academic Support staff and Non-teaching faculty accrue five personal days per year effective September 1st.

If an employee is hired between September 1st and June 30th, the annual amount of personal time attributed to the position is divided by 10 (to determine the monthly accrual) and then multiplied by the number of months between the date of hire and June that the employee is anticipated to work. If an employee terminates prior to the end of the academic year of his or her first year of employment, the monthly accrual is multiplied by the number of months worked in the current academic year by the departing employee. Employees are credited with a full month of benefit time if the date of hire is between the first and 15th of the month; a half month if the date of hire is the 16th of the month or later. The accrued time is then rounded, following standard rounding principles, to the nearest quarter hour, e.g. 4.34 hours becomes 4.25 hours and 4.68 becomes 4.75 hours. Personal time has no monetary value at the time of termination.

An employee who has used more benefit time than he or she is entitled to will have the monetary value of the excess time subtracted from his or her final pay or the time deducted from any vacation time paid at the time of termination.

In the interest of providing work-life flexibility, Academic Support staff and Non-Teaching faculty are expected to work a minimum of 35 hours per week in order to maintain their full-time status. Beginning 9/1/11 benefit time will be tracked in hours and can be used by employees in as little as quarter hour increments, with approval from the employee’s immediate supervisor, in order to ensure that the employee maintains his or her full-time status by accounting for a minimum of 35 hours per week.

Faculty

Faculty members are granted 12 sick days and five (5) personal days per fiscal year in accordance with the PSA CBA.

In accordance with section 2105 of the PSA CBA, faculty accrue half of the annual sick time (six days) effective the start of the fall semester and the second half of the annual sick time (six days) effective the start of the spring semester each year.

If a faculty member is hired after the start of either the fall or spring semester, that semester’s amount of sick time is divided by 4 (to determine the monthly accrual) and then multiplied by the number of months remaining in the semester that the employee is anticipated to work. The accrued time is then rounded, following standard rounding principles, to the nearest half-day, e.g. 4.25 days become 4.5 and 4.24 becomes 4 days. Sick time has no monetary value at the time of termination.

In accordance with section 2105 of the PSA collective bargaining agreement, faculty members accrue five personal days per year effective September 1st.

If a faculty member is hired at the start of the spring semester, the new faculty member will receive 2.5 days of personal time for use during the spring semester. If hired within the fall semester, the amount of personal time accrued for the fall semester is determined by dividing 2.5 days by 4 months to determine the monthly accrual. The monthly accrual is then multiplied by the number of months remaining in the semester that the employee is anticipated to work. The accrued time is then rounded, following standard rounding principles, to the nearest half-day, e.g. 4.25 days become 4.5 and 4.24 becomes 4 days and 2.5 days (for the spring semester accrual) is added to the total number of personal days accrued. If hired within the spring semester, the amount of personal time accrued is determined in the same manner as described above for being hired within the fall semester. Personal time has no monetary value at the time of termination.

A faculty member who has used more benefit time than he or she is entitled to will have the monetary value of the excess time subtracted from his or her final pay or the time deducted from his or her final pay.

Benefit time for teaching faculty is tracked and used in either full or half day increments.

Civil Service employees

Sick and Vacation time are accrued on a monthly basis in accordance with the manner specified in the Teamsters CBA. Employees are credited with personal time on a quarterly basis as specified in the Teamsters CBA.

For Civil Service employees, the terms and conditions regarding accruing and using vacation, sick and personal time is specified in the CBA. Neither sick nor personal time has monetary value at the time of termination. An employee who has used more benefit time than he or she is entitled to will have the monetary value of the excess time subtracted from his or her final pay or the time deducted from any vacation time paid at the time of termination.

Holidays

The number of holidays observed by the College is dictated by the Teamster contract and applies to the members of the Teamster Unit as indicated by this policy statement. The dates on which some holidays are observed by the closing of the College may differ from the traditional date on which the specific holiday is typically observed in order to limit conflict with the academic calendar. An individual employee’s eligibility for holiday pay is determined by the traditional date of the holiday, not the College’s observed date. Civil Service employees hired after the traditional date of a holiday but before the College’s observed date, are not eligible for the holiday as a paid day off and will be charged either personal or vacation time for the day. Civil Service employees hired after the College’s observed date of a holiday but before the traditional date on which the holiday is typically observed will receive a floating holiday to be used before the end of the academic year.

Managerial Confidential, Academic Support staff, Teaching and Non-teaching Faculty scheduled to work on a day that the College is closed in observance of a holiday are paid for their scheduled hours for that day without charge to their benefit time and are not obligated to report for work on that day.

Certain grant-funded positions must follow the traditional holiday observance dates established by the County rather than the College’s observed dates.

4.03 Benefit Time Usage Policy

SUNY Sullivan discourages faculty, staff and students from bringing their children to work or to classes. However, in those circumstances when children must come to campus, the following guidelines apply:

• Students with children must obtain explicit permission from an instructor allowing them to bring a child with them to class. Such permission should be granted sparingly and should take into consideration the best interest of all the students in the class.
• Children are not permitted in laboratories under any circumstances.
• Students, faculty and staff with children must obtain explicit permission from their immediate supervisor allowing them to bring a child with them to their work area. Such permission should be granted sparingly and should take into consideration the best interest of all the employees of the department.
• Children are not to be left unattended on campus, including the grounds and parking lots. All children on campus must remain under the strict supervision of their parent/guardian. All children must be accompanied to all restroom facilities of the College.
• Any unsupervised child found wandering around campus may be detained by security personnel. In such cases, the child’s parent/guardian will be immediately contacted and asked to either resume supervisory responsibility for the child or leave campus with the child.

4.04 Children on Campus Policy

Definitions
Conflict of Interest: Any interest, financial or otherwise, direct or indirect; participation in any business, transaction or professional activity; or incurring of any obligation of any nature, which is or appears to be in substantial conflict with the proper discharge of an employee's duties in the 'public interest.' A conflict of interest is also any financial interest that will, or may be reasonably expected to, bias the design, conduct or reporting of sponsored research.

Ethics and Conflict of Interest Policy
During the service to the College, the varied interests and backgrounds of the Board members, officers, faculty and staff, may result in situations involving a dual interest which might be interpreted as a conflict of interest. Service should not be rendered impossible solely by reasons of duality of interest or possible conflict of interest. Service to the College nevertheless carries with it a requirement of loyalty, and fidelity to SUNY Sullivan, and with those the responsibility to carry out the business of the College economically and honestly, exercising the best skills and judgment for the benefit of the College. The avoidance of actions which could conflict with the proper duties and responsibilities is highly advisable. The proper performance of official duties sets an example for the students and inspires public trust and confidence in the Board, the College and its administration, faculty and staff.

No employee of the College or Board of Trustee member shall receive a direct or indirect pecuniary or material benefit as a result of a contract with the College or perform any act which is in substantial conflict with the proper discharge of duties and responsibilities. It shall be the obligation of the Board member and employee of the College to inform the Chair of the Board and President of the College respectively of any personal interest which he/she may have in any business transaction of the College which is in conflict with the proper discharge of duties in the public interest. No Board member or employee of the College shall use his/her position to get privileges for himself or herself or others, or to give the impression that he/she could be influenced to do so. Nothing herein shall be deemed to preclude conduct authorized by Article VIII A of the Sullivan County Code.

College Faculty and staff may not engage in other employment which interferes with the performance of their professional obligation. Trustees, Faculty and staff, to the extent required by law or regulation, shall disclose at minimum whether they (and their spouses and dependent children) have employment or financial interests or hold significant offices, in external organizations that may affect, or appear to affect, the discharge of professional obligations to the College.

Failure of any Board member or College employee to conform with the above policy subjects him or her to sanctions under policies of the Board of Trustees and/or the laws of the County of Sullivan and the State of New York

Revised March 2022

4.05 Conflict of Interest Policy

In accordance with resolution #010-98, approved 10/15/98, it is the policy of the Board of Trustees that Management Confidential (Administrative Exempt) employees as defined in Article 10 of the Civil Service Law of the State of New York, excluding all employees represented by a certified representative, are provided a mechanism for progressive discipline designed to avoid the necessity of formal disciplinary measure. However, formal disciplinary measures shall be included as part of the disciplinary procedure.

Progressive discipline shall include, but shall not be limited to the following components:

• informal meeting between the employee and his/her supervisor;
• a verbal warning to the employee;
• written expectations and corrective measure;
• written notification to the employee with a copy to his/her personnel file;
• suspension without pay;
• demotion in rank or removal from the position; and
• termination of employment.

It is the President’s responsibility to develop the appropriate procedure within the guidelines set forth in the policy statements above and to ensure that the policy and procedures are followed.

4.06 Disciplinary Policy for MC Employees

FACULTY AND STAFF

Minimum Criteria for Consideration

• At least fifteen years of full-time exemplary service to the College;
• At least five years of service in the position at the College to which emeritus status is applied;
• Retirement.

Procedures

1. Nomination by other faculty, staff or administrators at the College;
2. The individual nominating the candidate will:
   • Gather supporting letters and other documentation of outstanding achievements in academic field, outstanding service to the College, involvement in community and involvement in local, state, national or international organizations. Supporting documents of the first three categories above is required.
   • Draft resolution for the President’s review.
   • Recommendation to the President.
3. The candidate will be invited to attend the Board of Trustees meeting at which the Resolution will be adopted.
4. Family members will be invited.
5. A framed copy of the Resolution will be presented to the Emeritus following its adoption.

Emeritus Privileges

• Listing in the catalog.
• Full faculty library privileges.
• Campus publications and notices of special events.
• Invited attendance at public ceremonies, commencements, convocations, etc.
• Use of campus recreational facilities.
• Selective invitation to serve on advisory committees.
• Invitation to participate in appropriate campus seminars, colloquia, lectures and other scholarly meetings as a contributor or attendee.

BOARD OF TRUSTEES

Minimum Criteria for Consideration

• Serve at least a minimum of nine (9) years on the Board of Trustees.

Procedures

1. Nomination by College staff, Board of Trustees members, community or government leaders.
2. The individual nominating the candidate will:
   • Gather letters and other supporting documentation to be submitted for the President's review.
   • Draft resolution or assist the president's office with drafting a resolution for Board approval.
   • Achieve consensus for approval from Board members.
3. The candidate will be invited to attend the Board of Trustees meeting at which the Resolution will be adopted.
4. Family members will be invited.
5. A framed copy of the Resolution will be presented to the Emeritus following its adoption.

Emeritus Privileges

• Identification card as an Emeritus.
• Listing in the catalog.
• Full faculty library privileges.
• Campus publications and notices of special events.
• Invited attendance at public ceremonies, commencements, convocations, etc.
• Use of campus recreational facilities.
• Selective invitation to serve on advisory committees.
• Invitation to participate in appropriate campus seminars, colloquia, lectures and other scholarly meetings as a contributor or attendee.

4.08 Emeritus Status Policy

All people experience periods of time in their lives when personal or family problems arise. Often times personal problems or concerns will begin to affect a person's job performance. Although a person’s job is just one part of their life, it is a very important part. The College recognizes that one of its greatest investments and assets is its employees. It is the policy of the College to make efforts to assist employees experiencing personal problems affecting job performance.

The best way for the College to understand if an employee is experiencing a problem is for the employee to discuss with their department head and Director of Human Resources the fact that a problem exists. A proper course of action can be determined to resolve the problem. The assistance rendered to the employee will be provided in a confidential manner.

4.09 Employee Assistance Policy

In most instances where a plan of improvement is required, there is dialog, discussion and agreement between the individual being evaluated and his/her supervisor. Occasionally, however there is disagreement as to how the plan should be implemented, or whether a plan is necessary, and on rare occasions, complete disregard for the plan after it has been submitted and approved.

On those rare occasions when there is a disagreement or disregard of an approved plan, the following procedure shall be activated.

• (Step I) Following an evaluation where there is recognition that areas of performance improvement are necessary, a meeting shall be scheduled between the employee and his/her supervisor at which a discussion of the evaluation and expectations for any improvement occur. Should there be a conflict/disagreement or the issue is not settled then step 2 will be activated.
• (Step II) The employee shall meet with the division chair if the immediate supervisor is a director/coordinator or with the VP if the immediate supervisor is a division chair. When a meeting is scheduled with the VP, the President of the PSA or the Shop Stewart in the case of Civil Service members may be invited to be in attendance. The decision crafted at this meeting shall be binding on the employee.

All plans for performance improvement must be specific to those areas identified as indicating performance inadequacies. There must be specific timelines for accomplishment of the expected improvement with checkpoints to determine progression toward accomplishing the expected outcome.

4.10 Evaluation Plan of Improvement Policy

The Committee on the Standing of Students and Academic Appeal (hereafter referred to as the Committee) handles appeals regarding a course final grade, academic dismissal, and withdrawal of federal financial aid due to unsatisfactory progress.

STUDENT STANDING APPEALS

Students may appeal the following academic standings: academic dismissal and unsatisfactory progress (loss of federal financial aid). The Committee does not meet with individual students regarding student standing appeals. The student will file a written appeal along with an appeal form to the Financial Aid Office. The Committee will review these appeals and transmit its decision to the Vice President for Academic and Student Affairs, the Dean of Student Development Services, the Financial Aid Office, the Office of Registration Services, the Department of Learning and Student Development Services, and the student. If the appeal is successful, then the student should contact an Academic Advisor to select courses for the upcoming semester and register. In the case of student standing appeals, the decision of the Committee is final.

INDIVIDUAL FINAL GRADE APPEALS

In order to provide a means to seek and obtain redress for grievances affecting a student individually, the following procedures should be followed. These are not intended and shall not be used to provide sanctions against faculty members. Where an individual student alleges, with particularity, that the actions of a faculty member have resulted in serious academic injury to the student, the matter shall be presented to the Committee on the Standing of Students and Academic Appeal for adjudication in accordance with the following procedures. Serious academic injury includes, but is not necessarily limited to, the awarding of a lower course grade than that which the student has earned or suspension from a class.

4.11 Grievances Policy

Applicants Not Hired

The College will reimburse fifty (50) percent of the travel expenses incurred, up to a maximum of $500.00, to candidates who are asked to come for an on campus interview from a distance of at least fifty (50) miles and who are interviewing for full-time professional positions. The College will provide candidate travel reimbursement only if the candidate submits satisfactory proof of expenses within thirty (30) days
of the on campus visit.

Applicants Hired

In addition to the above policy statement, an applicant who is hired will receive the remaining fifty (50) percent reimbursement of his/her travel expenses (not to exceed a total reimbursement of $500.00). The College will provide candidate travel expense reimbursement only if the employee submits satisfactory proof of expenses within thirty (30) days of beginning employment.

Any deviation from the $500.00 maximum reimbursement must be pre-approved by the President.

4.12 Interview Reimbursement Policy

LEAVES OF ABSENCE

1. Jury Duty

Jury duty for Administrative staff shall be administered in a manner consistent with the provisions of the Agreement between SUNY Sullivan and the Professional Staff Association (see section 2104 of the PSA CBA and Article X of the Teamsters CBA.)

2. Military Leave of Absence

Military leave for Management/Confidential professional staff members shall be administered in a manner consistent with the provisions of the Agreement between SUNY Sullivan and the Professional Staff Association (see section 2108 of the PSA CBA), Article XVII of the Teamsters CBA, the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 and the Policies of the Board of Trustees.

3. Family Leave

Family and Medical Leave Act of 1993 requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous twelve (12) months, and if there are at least 50 employees within 75 miles. SUNY Sullivan complies with the conditions of the FMLA. For more information contact the Human
Resources Office. See also section 2106 of the PSA CBA and Article XIV of the Teamsters CBA.

4. Sabbatical Leave

Sabbatical leave for faculty and staff members shall be administered in a manner consistent with the provisions of the Agreement between SUNY Sullivan and the Professional Staff Association (see Article 21 of the PSA CBA) and the Policies of the Board of Trustees.

5. Leave Without Pay

Leave without pay for faculty and staff members shall be administered in a manner consistent with the provisions of the Agreement between SUNY Sullivan and the Professional Staff Association (see section 2121 of the PSA CBA), Article XVIII of the Teamsters CBA and the Policies of the Board of Trustees.

6. Limitation on Leave

Limitation on leave for faculty and staff members shall be administered in a manner consistent with the provisions of the Agreement between SUNY Sullivan and the Professional Staff Association (see section 2151 of the PSA CBA) and the Policies of the Board of Trustees.

4.13 Leaves of Absence Policy

NEW EMPLOYMENT RELOCATION POLICY

Any newly hired full-time salaried professional employee is eligible to receive a relocation stipend if he/she must relocate from a distance of at least 100 miles in order to facilitate the transition to SUNY Sullivan .

The College will provide a relocation stipend of up to $500.00, only if the employee submits satisfactory proof of the expense within thirty (30) calendar days of the date the expense was incurred. The relocation stipend will only pay for actual moving expenses. If the employee wishes to be considered for a larger stipend he/she must make the request in writing to the President. Any deviation from the $500.00 maximum relocation stipend must be pre-approved by the president.

SUNY Sullivan extends this relocation stipend in an effort to contribute to the success of the employee’s relocation. Fifty (50) percent of the relocation stipend will be paid within thirty (30) days of employment and the remainder will be paid after one (1) year of employment.

Moving expenses are subject to taxes and are issued through payroll. It is included in the employee’s payroll check.

4.14 Moving Expenses Policy

All employees are covered by workers’ compensation insurance, which compensates an employee for lost time, medical expenses, and loss of life or dismemberment from an injury arising out of or in the course of work. Employees must report any accident or injury immediately to his/her supervisor and the Human Resources Department so that the necessary paperwork may be completed. A PDF copy of the Employee Accident and Illness Form for reporting work related injuries and/or illnesses available on the S drive under the Human Resources folder

The College is covered under Sullivan County’s Workers’ Compensation insurance that is administered through the County’s Risk Management department. Contact the Office of Human Resources for additional information and applicable processes.

Employees who sustain an injury in connection with performing their job duties are entitled to receive medical treatment for their injuries without charge to them. Some treatments and diagnostic procedures will require pre-approval from the Workers’ Compensation Carrier. The carrier will not authorize any treatment without having the Employee Accident Report on file. If you are injured on the job and need to obtain medical care, contact Human Resources immediately to enable us to contact the facility where treatment will be rendered and prevent insurance coverage issues. An injured employee should not under any circumstances present private insurance coverage information to a health care practitioner or facility as payment for a work-related injury.

4.15 On the Job Injury Reporting

The Office of Human Resources maintains an individual personnel file for each employee. In it are copies of basic information such as appointment letters, payroll changes, benefit selections, incident/accident reports, performance evaluations and any other information regarding your continuing employment.

Employees are permitted access to their personnel files and may request a copy of documents from their files. However, employees may not remove an item from their personnel file, or remove their personnel file from the review office. Employees may enter any written material into their personnel file.

4.16 Personnel File Policy

College employees may express their opinions and take part in campaigns as a private citizen. However, it is not permissible for College employees to use College property, vehicles, or furnishings for the display of campaign stickers, posters, pins, etc.

In some County employment, a Federal Law called The Hatch Act, sets restrictions with regard to certain political activities. Under The Hatch Act an employee may not:

1. Use your official authority or influence for the purpose of interfering with, or affecting the result of an election or nomination for office;
2. Directly or indirectly coerce, attempt to coerce, command or advise a State or Local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes; or
3. Be a candidate for public or political party, elective office in a partisan primary, general or special election.

The Hatch Act applies to the partisan political activity of an officer or employee of a State of Local agency if his principal employment is in connection with an activity, which is financed in whole or in part by loans made by the United States or a Federal agency.

4.17 Political Activity Policy

Sullivan County Community College is committed to protecting the privacy and confidentiality of personal health information of the employees of the College and the students attending College. Health information is strictly confidential and should never be disclosed, nor confirmed to anyone who is not specifically authorized under law or College policy to receive the information.

This policy applies to all members of the College’s workforce, whether directly employed by the College or serving under an alternative arrangement such as, but not limited to:

• Employees (all professional, civil service and management confidential staff)
• Volunteers
• Students participating in the Nursing, Early Childhood Education and Human Service educational programs
• Contracted staff (including temporary staff)
• Consultants
• Students performing work for the College under the Federal Work Study program or similar program(s)

STATEMENT OF INTENT

This policy is intended to ensure that personal health information required by the College to comply with federal, state and local laws is kept confidential and not released to anyone who does not have a bona fide need to know. It is the responsibility of each and every staff member having access to this information to ensure that the information is appropriately gathered, used only to document that which is required by the College, filed in accordance with record retention standards and not disclosed to anyone who is not authorized to have the information. Failure to adhere to federal and state law or College policy regarding the confidentiality of protected information will be considered a breach of confidentiality and will result in the imposition of appropriate sanctions.

Each department either having or requiring access to personal health information of either an employee or student within Sullivan County Community College is expected to have written procedures regarding the collection of the information, filing and retention standards that are shared with current and newly hired staff responsible for handling this information. Any and all breaches of confidentiality are to be reported to the Director of Human Resources, the designated privacy officer of the College, upon discovery. Failure to report a breach will be considered a violation of this policy.

COMPLAINT, INVESTIGATION AND SANCTION PROCESS

Complaints regarding policy breaches and failure to report breaches will be investigated in the same manner as violations of the College’s sexual harassment policy.

Upon a finding of a breach of confidentiality, by an employee in a collective bargaining unit, the College shall initiate action pursuant to the applicable collective bargaining agreement to implement an appropriate disciplinary penalty. Such penalty may include, but is not limited to the following:

• Letter of reprimand
• Suspension
• Fine
• Demotion
• Termination of employment

4.18 Privacy Policy

Every College employee is obligated to take a one-hour Right to Know training class which covers State and Federal laws that, when properly administered, will help you avoid health risks. You cannot waive your rights under the law. If you are any employee who routinely handles chemicals, you may be asked to take additional training after the one-hour Right to Know class.

4.20 Right to Know Policy

The College is required to furnish to each of its employees a place of employment which is free from recognized hazards that are likely to cause death or serious physical harm, and which will provide reasonable and adequate protection to the lives, safety, or health of its employees and comply with the safety and health standards promulgated under Article 2, Section 27-a of The New York State Labor Law. All employees shall comply with the safety and health standards and all rules, regulations and orders issued which are applicable to his/her own actions and conduct. Employees or their representatives may request in writing all information relating to toxic substances set forth in Article 28, Section 878 of The New York State Labor Law.

The Occupational Safety and Health Administration (OSHA) has implemented a regulation (Blood borne Pathogens 29 Code of Federal Regulations [CFR]). The major intent of this regulation is to prevent the transmission of blood borne diseases within potentially exposed workplace occupations. The standard is expected to reduce and prevent employee exposure to the Human Immunodeficiency Virus (HIV), Hepatitis B Virus (HBV), and other blood borne diseases. One of the major requirements is the development of an Exposure Control Plan, which mandates engineering controls, work practices, personal protective equipment, HBV vaccinations, and training. The standard also mandates practices and procedures for housekeeping, medical evaluations, hazard communication, and recordkeeping.

SUNY Sullivan is committed to providing a safe and healthful work environment for our entire staff. In pursuit of this endeavor, the Exposure Control Plan (ECP) is provided to eliminate or minimize occupational exposure to blood borne pathogens in accordance with OSHA Blood borne Pathogens Standard, Title 29 Code of Federal Regulations 1910.1030. All employees will have an opportunity to review this Plan at any time during their work shifts by contacting the Office of Human Resources. A copy of the Plan will be made available free of charge and within 15 days of the request.

4.21 Safety and Health Standards Policy

Sexual harassment is a form of sex discrimination which is unlawful in the workplace under Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law. Under Title IX of the Educational Amendments of 1972, sexual harassment also is prohibited in the provision of educational services and protects students and employees from sexual harassment.

Sexual harassment is prohibited and will not be tolerated at SUNY Sullivan. The College has implemented measures to address and prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects.

Sexual harassment is a form of workplace discrimination and employee misconduct, as well as a form of discrimination in the academic setting, and all employees and students are entitled to work and learn in a campus environment that prevents sexual harassment. All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees and students can enforce this right by filing a complaint internally with the College, or with a government agency, or in court under federal or state anti-discrimination laws, as detailed in the College’s Discrimination and Sexual Harassment Complaint Procedure.

In accordance with applicable law, sexual harassment is generally described as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic benefit; or
• Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the person rejecting or submitting to the conduct; or
• The conduct has the purpose or effect of unreasonably interfering with an affected person’s work or academic performance, or creating an intimidating, hostile or offensive work or learning environment.

Sexual harassment can include physical touching, verbal comments, non-verbal conduct such as leering or inappropriate written or electronic communications, or a combination of these things. Examples of sexual harassment may include, but are not limited to:

• Seeking sexual favors or a sexual relationship in return for the promise of a favorable grade or academic opportunity;
• Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship; or
• Intentional and undesired physical contact, sexually explicit language or writing, lewd pictures or notes, and other forms of sexually offensive conduct by individuals in positions of authority, co- workers or student peers, that unreasonably interferes with the ability of a person to perform their employment or academic responsibilities.
• Physical acts of a sexual nature, such as:
  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person’s body;
  • Rape, sexual battery, molestation or attempts to commit these assaults.
• Unwanted sexual advances or propositions, such as:
  • Requests for sexual favors accompanied by implied or overt threats concerning a target’s job performance evaluation, a promotion or other job benefits or detriments, or an educational benefit or detriment;
  • Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile environment.
  • Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications, such as:
  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while in the workplace or classroom.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender, such as:
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform his or her employment or academic duties;
  • Sabotaging an individual’s work;
  • Bullying, yelling, name-calling.

Such behavior can constitute sexual harassment regardless of the sex, gender, sexual orientation, self-identified or perceived sex, gender expression, status of being transgender, or gender identity of any of the persons involved. Sexual harassment is considered a form of employee and student misconduct which may lead to disciplinary action. Further, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Employees and students who believe they have been subjected to sexual harassment may use the College’s Discrimination and Sexual Harassment Complaint Procedure for more details on how to have their allegations reviewed, including a link to a complaint form.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is unlawful, is strictly prohibited and may result in disciplinary  action. Retaliation is an adverse action taken against an individual as a result of complaining about or provides information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, discriminated against, or otherwise subject to adverse action because the individual reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Participants who experience retaliation should contact the campus AAO, and may file a complaint pursuant to these procedures. The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

4.22.1 Sexual Harassment and Prevention Policy

Introduction

SUNY Sullivan strives to maintain a respectful, safe, and nonthreatening environment for its students, faculty, staff, and visitors. The College does not tolerate sexual violence of any kind, which includes sexual harassment, sexual assault, intimate partner violence and stalking. This policy establishes procedures for responding to incidents of sexual violence and sets forth available resources for individuals reporting sexual violence (Complainant) and for individuals accused of or responding to allegations of sexual violence (Respondent).

Student’s Bill of Rights

The State University of New York and SUNY Sullivan is committed to providing options, support, and assistance to members of the SUNY Sullivan community that are affected by sexual assault, sexual harassment, intimate partner violence, domestic violence, dating violence and/or stalking to ensure that they can continue to participate in college and campus programs, activities, and employment, regardless of whether the crime or violation occurred on campus or off campus. The rights listed below are afforded to all students reporting sexual violence, as well as all students accused of sexual violence, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, status as a domestic violence victim, or criminal conviction.

SUNY Sullivan values the dignity of individuals and will take the necessary measures to ensure that individuals who report offenses are treated in a compassionate manner.

All SUNY Sullivan students have the right to:

a. Make a report to any law enforcement agency of their choosing and/or the SUNY Sullivan Office of Public Safety.

b. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.

c. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution.

d. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard:

• To receive written, advanced notice of a disciplinary hearing involving the Respondent.
• Student has the right to request a postponement of disciplinary conferences and/or hearings for reasonable cause. Such requests must be made in writing to Chair of the Student Conduct Committee or the Dean of Student Development Services and must include the reason for the request. Should the victim wish to not be present in the same room as the Respondent during the disciplinary hearing, alternative arrangements may be made as is reasonable.
• Be accompanied by an advisor of choice who may assist and advise a Complainant, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process. The advisor may not present statements, arguments, or question witnesses or participate directly in any hearing, but may speak privately to their advisee during the proceeding. The advisor or the advisee may request a brief recess to consult which will be granted at the discretion of the Student Conduct Committee Chair. Members of the Student Conduct Committee may not serve as a student’s advisor at the hearing.
• To only have information pertinent to the case be presented and not have unrelated prior behavior presented against him/her.
• To question the Respondent and witnesses and to call witnesses during disciplinary proceedings. The Complainant has the right to participate in disciplinary proceedings via technology.
• To present a statement of impact in disciplinary proceedings if the Respondent is found in violation of the Code of Conduct.
• To be informed simultaneously and in writing of the results of disciplinary proceedings, any appellate procedures available, any changes to the results that may occur prior to the time that the result becomes final, and when the results become final.
• To appeal the findings/sanctions on the same grounds afforded to the charged student (see Student Code of Conduct Chapter XIV; Appeals) in cases of sexual harassment, sexual assault, rape or violence. The Appeal must be considered by a duly constituted panel of the Student Conduct Committee.

e. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.

f. Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

g. Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.

h. Be free from retaliation by the institution, and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;

i. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College. This means that we will not schedule meetings or hearings on days of religious observance (for instance, holding a hearing on a Friday night when the Complainant or respondent is a religious Jewish person), require a student to undergo medical procedures that they say are forbidden by their religion, or otherwise require a Complainant to have to choose between their religion or belief system and reporting to the institution.

j. To request changes in housing and/or class schedule which would enhance the safety and security of the victim when those changes are reasonably available. The Student Code of Conduct can be accessed here: http://sunysullivan.edu/student-code-of-conduct/

Institutional Crime Reporting

Reports of certain crimes occurring in certain geographic locations will be included in SUNY Sullivan’s Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the Complainant or victim/survivor.

SUNY Sullivan is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the Complainant or victim/survivor). A Complainant will never be identified in a timely warning.

The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, SUNY Sullivan will not share information about a report of sexual violence with parents without the permission of the Complainant.

Scope of this Policy

This policy applies to all members of SUNY Sullivan community and its guests, without regard to an individual's race, color, national origin, religion, creed, age, disability, sex, gender identity, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Employees, students, applicants or other members of the College community (including but not limited to vendors, visitors and guests) may not be subjected to harassment that is prohibited by law, or treated adversely or retaliated against based upon a protected characteristic. This policy applies both on-campus and off-campus, as described below:

On-campus violations: This policy forbids acts of sexual violence anywhere on campus. "Campus" includes College-owned or leased property, streets and pathways contiguous to College property, or in the immediate vicinity of campus. It also includes the property, facilities, and leased premises of organizations affiliated with the College, including College housing and College-recognized housing. College housing includes all types of College residence housing, such as halls and apartments.

Off-campus violations: Off-campus violations, including online behavior, that affect a clear and distinct interest of the College are subject to disciplinary sanctions. For example, sexual violence by a student is within the College's interests when the behavior:

a. Involves conduct directed at a College student or other member of the College community;

b. Occurs during College sponsored events (e.g., field trips, social or educational functions, College related travel, student recruitment activities, internships, and service learning experiences);

c. Occurs during the events of organizations affiliated with the College, including the events of student organizations;

d. Poses a disruption or threat to the College community; or

e. The effects of the violence are such that they create a hostile environment within the College community. 

Definitions

A. Terms used throughout this policy:

• Accused individual: (Respondent) A person accused of a violation who has not yet entered a judicial or institutional administrative conduct or review process.
• Affirmative consent: A knowing, voluntary, and mutual decision among all participants to engage in sexual activity.
• Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
• Complainant: Encompasses the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.
• Reporting Individual- Any person who submits a statement alleging that a student violated the SUNY Sullivan Code of Conduct.
• Respondent: A person accused of a violation who has entered an institutional administrative review process or administrative student conduct process.
• Sexual assault: Any physical sexual act committed without consent.
• Sex discrimination: Includes all forms of sexual misconduct by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.
• Sexual violence: The term sexual violence as used throughout this policy includes sexual harassment, sexual assault, and domestic violence, dating violence, intimate partner violence and stalking.
• Sexual harassment: Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

B. Federal and State Laws referred to throughout this policy

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

This federal law, passed in 1990, the “Clery Act” requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety through the publishing of an annual security report. Additionally, the act requires institutions to provide survivors of sexual violence with reasonable accommodations and assistance in reporting and it requires institutions to outline specific policies and procedures for the prevention of sexual violence in their annual security reports.

New York State Education Law Article 129-B

New York State Education Law Article 129-B, also known as “Enough is Enough”, requires all colleges in the State of New York to adopt a comprehensive set of policies and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy, and expanded access to law enforcement.

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 is a comprehensive federal law that protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any federally funded education program or activity. Colleges must promptly respond to known instances of gender discrimination, which includes sexual harassment and sexual violence, in a way that limits its effects and prevents its recurrence.

Violence Against Women Act ("VAWA") Reauthorization Act of 2013

This federal law requires colleges and universities to: (1) report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates; (2) adopt certain student discipline procedures, such as for notifying purported victims of their rights; and (3) adopt certain institutional policies to address and prevent campus sexual violence through the education and training of an institution’s community.

C. Prohibited Conduct: Community Rights and Responsibilities

The following conduct is prohibited by SUNY Sullivan Rights and Responsibilities and is applicable to students:

Intimate Partner Violence

Intimate Partner Violence includes Dating Violence and Domestic Violence, both of which are further defined below. Intimate Partner Violence can occur in relationships of the same or different genders.

Dating Violence – Any act of violence, including physical, sexual, psychological, and verbal violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating Violence can occur as a single act, or it can consist of a pattern of violent, abusive, or coercive acts that serve to exercise power and control in the context of a romantic or intimate relationship. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of the interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship.

Domestic Violence – Any violent felony, non-violent felony, or misdemeanor crime, as those terms are defined by the laws of the State of New York and of the federal government committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.

Retaliation - Engaging, directly or indirectly, in any action or attempting to harass, intimidate, retaliate against, or improperly influence any individual involved with the Student Conduct System. An intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking of intimate partner violence, pursues legal recourse for such a complaint, or participants in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to a student conduct referral.

Sexual Assault I - Sexual intercourse or any sexual penetration, however slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) without the active consent of the victim.

Sexual Assault II - Touching a person’s intimate parts (defined as genitalia, groin, breast, or buttocks), whether directly or through clothing, without the active consent of the victim. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts.

Sexual Exploitation - Non-consensual, abusive sexual behavior that does not otherwise constitute Sexual Assault I, Sexual Assault II or Sexual Harassment. Examples include but are not limited to: intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party; nonconsensual video or audio taping of sexual activity; allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner; observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent; trafficking people to be sold for sex; and inducing incapacitation with the intent to sexually assault another person.

Sexual Harassment - Unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe or pervasive to effectively alter or deny the individual reasonable access to College resources or that such conduct creates an intimidating, hostile or sexually offensive environment for learning, working or living on campus.

Stalking - Intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimate, annoy or alarm him or her. Stalking does not require direct contact between parties and can be accomplished in many ways, including through the use of electronic media such as internet, pagers, cell phones, or other similar devices.

D. Prohibited Conduct:

Criminal Offenses in the State of New York The New York State Penal Law defines criminal conduct in the state of New York. Definitions of criminal offenses can be accessed here: http://ypdcrime.com/penal.law/. The Penal Law is applicable to all members and guests of SUNY Sullivan community within the State of New York.

For questions or information or questions regarding conduct prohibited by New York State and Federal Law, please contact the SUNY Sullivan Office of Public Safety.

 4.22 Sexual Violence Response Policy

It is SUNY Sullivan’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal, faculty and staff are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on SUNY Sullivan premises and while conducting business-related activities off premises, SUNY Sullivan expressly prohibits its faculty and staff and visitors from the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in its workplace or from being under the influence of alcohol or illegal drugs. Employees are expected to refrain from the illegal use of alcohol and drugs in the workplace. Alcohol may only be served at College approved locations and or functions.

The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

The College is committed to, and required by law to maintain a drug-free workplace. The College will, to the best of its resources, support any faculty and staff member who is identified as needing assistance by confidentially recommending appropriate drug counseling and rehabilitation. Employees are assured that all attempts will be made to preserve an employee’s status at the College while the employee seeks assistance.

Faculty and staff who have questions or concerns about substance dependency or abuse are encouraged to use the resources of the Sullivan County Employee Assistance Program. They may also wish to discuss these matters with their supervisor or the Human Resources Director to receive assistance or referrals to appropriate resources in the community.

Employees with questions or concerns about this policy or issues related to drug or alcohol use in the workplace should discuss those questions and concerns with their supervisors or the Human Resources Director without fear of reprisal.

Faculty and staff members with drug or alcohol problems which have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take Family Medical Leave (FML) to participate in a rehabilitation or treatment program. A Family Medical Leave may be granted if the employee agrees to abide by all SUNY Sullivan policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause SUNY Sullivan any undue hardship. In the absence of any available sick time or other benefit time, the College will allow no more than two (2) leaves of absence for substance abuse treatment. The Drug Free Workplace Act of 1988 requires all employees to notify the employer of any drug conviction within five days of the conviction. Failure to notify the College may result in immediate termination of employment.

Faculty and staff should be aware of the following:

A. SUNY Sullivan must notify the Federal Government within ten (10) days of learning of an employee’s drug-related conviction.

B. SUNY Sullivan will abide by its policy with respect to any employee who is convicted and within thirty (30) days of learning of such a conviction:

1. 1. Take appropriate disciplinary action against such an employee, up to and including termination; or
   2. Require such employee to participate satisfactorily in a substance abuse or rehabilitation program approved by a Federal, State or local health, law enforcement or other appropriate agency. Refusal to participate in a program shall result in the initiation of disciplinary action up to and including termination.

If disciplinary action becomes necessary, all rules governing such action will be followed in accordance with the relevant provision of Civil Service law, Section 75, the Professional Staff Association (PSA) Disagreement Procedures, or the Board of Trustees Policies and Procedures Manual.

4.24 Substance Abuse Policy

In the interest of saving energy costs and providing increased work/life balance for employees, SUNY Sullivan adopts the following policy regarding summer work hours.

Civil Service (Teamster) Employees

Teamster employees who regularly work a 35 hour per week schedule are required to work a compressed work week during the summer work hours Monday through Thursday beginning at 8:00 a.m. and ending at 5:15 p.m. with a half hour unpaid lunch break to be taken between 11:00 a.m. and 2:00 p.m. daily. The lunch break cannot be used as work time or to make up a late arrival or early departure.

The Independence Day holiday will count as 8 3⁄4 hours of holiday time.

Benefit time can be used in quarter hour increments as necessary to ensure that each employee accounts for his or her full-time schedule of 35 hours per week. Teamster employees who regularly work a 40 hour per week schedule are required to work a compressed work week during the summer work hours Monday through Thursday beginning at 7:00 a.m. and ending at 5:30 p.m. with a half hour unpaid lunch break to be taken between 11:00 a.m. and 2:00 p.m. daily. The lunch break cannot be used as work time or to make up a late arrival or early departure.

The Independence Day holiday will count as 10 hours of holiday time.

Benefit time can be used in quarter hour increments as necessary to ensure that each employee accounts for his or her full-time schedule of 40 hours per week.

PSA Employees

PSA Members are required to work a compressed work week during the summer work hours Monday through Thursday beginning at 8:00 a.m. and ending at 5:15 p.m. with a half hour unpaid lunch break to be taken between 11:00 a.m. and 2:00 p.m. daily. The lunch break cannot be used as work time or to make up a late arrival or early departure.

The Independence Day holiday will count as 8 3⁄4 hours of holiday time.

Benefit time can be used in quarter hour increments as necessary to ensure that each employee accounts for his or her full-time schedule of 35 hours per week.

Management Confidential Employees

MC employees are required to work a compressed work week during the summer work hours Monday through Thursday beginning at 8:00 a.m. and ending at 5:15 p.m. with a half hour unpaid lunch break to be taken between 11:00 a.m. and 2:00 p.m. daily. The lunch break cannot be used as work time or to make up a late arrival or early departure. Benefit time will still be used in full day or half day increments. During the summer work schedule any full day of absence will require the employee to use one full day of benefit time. A partial day absence will require the employee to use a half day of benefit time. The Independence Day holiday will count as one full day.

4.25 Summer Work Hours Policy

Through the Tuition Reimbursement Plan, permanent full-time employees may receive fifty percent (50%) reimbursement of tuition for approved courses (including on-line) at accredited colleges and universities with a maximum of $1,500.00 per semester, or $3,000.00 per year. Please note that the cost of books, course required equipment, and college fees other than tuition are not included when calculating the amount of tuition reimbursement awarded to an employee.

Acceptable Courses

Acceptable courses include:

• Courses either required or elective as part of a Bachelors degree program that are job- related including the achievement of an undergraduate degree within a specified time frame to satisfy reappointment requirements.
• Courses either required or elective as part of a Masters degree program that are job related or applicable to education or administration including the achievement of a graduate degree within a specified time frame to satisfy reappointment requirements.
• Selected other courses that would maintain or improve a staff member’s skills on the job or in preparation for future assignments.

Application Process

SUNY and other Colleges and Universities

Faculty and staff seeking tuition reimbursement must complete a Request for Course Approval Form and, if attending a SUNY school, the B-140W Application for Tuition and Fee Assistance in addition to the Course Approval Form before the start of the semester during which you are taking the course. The Request for Course Approval Form is available in Word on the S drive under the Human Resources Folder and is entitled SCCC Request for Course Approval Form. The B-140W form is only available through the Human Resources department. You must attach a copy of the course description and documentation of the tuition that will be charged for the course. Forms without proper documentation will be returned to you without action taken.

Courses at Sullivan Community College

Tuition is waived for faculty, unclassified professional staff, and staff employed by the Dormitory Corporation, Faculty Student Association, and Foundation taking courses on Campus on a space available basis in accordance with the PSA contract. The College may waive up to 6 credits each semester for Classified Civil staff members requesting to take courses on campus. Faculty, staff and staff employed by the Dormitory Corporation, Faculty Student Association, and Foundation and dependents of faculty, professional staff and staff employed by the Dormitory Corporation, Faculty Student Association, and Foundation seeking tuition waiver to take a course or course(s) here at Sullivan, must complete a Staff Tuition Waiver Request at the point of registering for the course. This form is only available in the Human Resources department. Supervisory approval is needed only if you are taking a course during your regular work schedule. In such cases, you must include a statement regarding how you will make up the work time missed on the Tuition Waiver Request form.

Additionally, spouses and dependent children of staff covered under the Professional Staff Association CBA are allowed up to nine (9) credits per semester waived at the prevailing part-time rate. Up to a maximum of 15 credits per academic year may be taken by spouses and dependent children of professional staff under this waiver program in accordance with the PSA contract. The application process for tuition waivers for dependents is handled by the Finance & Student Billing department. The Employee Family Tuition Waiver Request Form is available in the Finance & Student Billing Department
and also in the Human Resources Department.

Please note that the cost of books, course required equipment, FSA and college fees are not subject to
waiver and must be paid at the time of registration.

Approval Process

Funding for Tuition reimbursement is extremely limited and awarded on a first come first serve basis in accordance with the following priorities:

Priority #1

To enhance classroom Teaching

Priority #2

Courses in field to complete a degree required for continued employment or Courses for job performance improvement or in preparation for future assignments

Priority #3

Doctoral Degrees

Reimbursement Process

SUNY Schools

The pool of funds available from SUNY to Sullivan Community College for faculty and staff pursuing a degree at another SUNY school is extremely limited. As a result, only 50% of the full tuition will be reimbursed to an employee who successfully completes a course at another SUNY school. The reimbursement is handled directly by SUNY administration in Albany. Staff pursuing a degree at another SUNY College must submit a completed B-140W form to Human Resources upon registering for the semester. Forms are available in the Human Resources office.

Other Colleges and Universities

The inclusion of funding in the college’s budget for tuition reimbursement for courses taken at non- SUNY colleges and universities is contingent upon the overall fiscal outlook for SUNY Sullivan. Therefore, such funding is not guaranteed each year. When funding is available, 50% of tuition may be reimbursed in accordance with the priorities listed above.

To receive payment of tuition reimbursement for an approved course, you must complete a Request for Tuition Reimbursement Form with a copy of proof of payment and confirmation of successful completion of the course. Either of the following documents is acceptable as proof of successful course completion:

• Official Transcript and/or copy of grade(s)
• Official letter of verification from an accredited educational institution which includes the grade you received

The Request for Tuition Reimbursement Form is available in the Human Resources office or may be printed off of the S drive under the Human Resources Folder and is saved under the title SCCC Request for Tuition Reimb Form.

Tuition is reimbursed the payroll following the receipt of all required documentation.

Revisions approved by the Board of Trustees on June 14, 2012

4.26 Tuition Reimbursement Policy

Time sheets
Teaching Faculty, Managerial and Confidential employees are not required to complete time sheets each payroll. It is expected that such employees, who have not completed a short- term leave request form, are at work carrying out their duties and responsibilities. The teaching Faculty’s class and office hours shall be displayed on the outside of the classrooms and/or office.

All non-exempt staff and hourly employees and Professional employees who are not part of the teaching faculty are expected to complete a time sheet indicating the dates and times they worked during each payroll period. Time sheets are approved by the employee’s immediate supervisor and forwarded to Human Resources in accordance with the following schedule unless changed to accommodate a holiday:

• Civil Service timesheets are due to Payroll by 10:00 a.m. on the Thursday following the end of the pay period.
• Professional timesheets are due to Human Resources by 10:00 a.m. on the Monday following the end of the pay period.

Professional payroll dates for the academic year are available on the S-drive under the Human Resources file.

It is each employee’s responsibility to see that his or her time sheet is received by the Human Resources Office on time. Failure to adhere to the time sheet submission deadlines may result in a delay in the employee’s receipt of pay. White-out and pencil are not allowed on time sheets. If you make a mistake, simply draw a line through it and write the corrected entry above it.

Paychecks may be picked up in the Business Office on the scheduled pay date after 11:00 a.m. and between 9:00 a.m. and 5:00 p.m. any other day. Please pick up your check or, if you have direct deposit, your check stub promptly after pay day. Checks and stubs that have not been picked up within two weeks after the issue date will be mailed. If you want your paycheck mailed to you or directly deposited into your account, please notify the Human Resources Office.

Absence Reporting

The efficient operation of the College requires the punctuality and regular attendance of all employees. Employees are expected to notify their supervisor the morning of an unplanned or sudden absence and give an estimated date of return. You must call in to your supervisor each day you are absent. This will allow your supervisor to arrange for adequate coverage in your absence. Excessive or habitual tardiness and absenteeism are negative factors in the evaluation of an employee’s performance and may lead to termination.

All employees must complete a Short -Term Leave form for all off-campus absences of one half (1⁄2) day or more. Use this form to report benefit time usage and professional meetings and/or professional development conferences. Travel approval forms can be submitted in lieu of the Short-Term Leave form for professional meetings or conferences.

Teaching Faculty, Managerial and Confidential employees must submit approved Short-Term Leave forms to the Human Resources Office in advance of taking time off, if foreseeable. If the leave is not foreseeable, the employee is expected to call in to his or her supervisor as soon as possible and submit his or her approved leave form upon returning to work.

Non-exempt, hourly, and Professional employees who are not part of the teaching faculty must attach approved Short-Term Leave forms to their time sheet for the payroll period in which the leave was taken. Benefit time will not be paid without the approved Short-Term Leave form attached.

Compensatory Time

Compensatory/Over time pre-approval authorization must be requested of the V. P. or the President by the supervisor. All employees who are eligible to accrue compensatory time or earn over time payments must ensure that Part I of the Compensatory/Over time Pre-approval Form has been completed, signed by supervisor and approved by the appropriate V. P. or the President, prior to working beyond their regular work hours.

After working the additional hours, Part II Verification of the Compensatory/Over time Pre-approval Form must be completed and attached to the time sheet for the payroll period in which the additional hours were worked. If the employee is using compensatory time in the same payroll period in which the time was earned, the time used is shown on the Compensatory/Over time pre-approval authorization form as well as the time sheet. If Comp time is used during another payroll period, the Short Term Leave Form should be completed and attached to the time sheet covering the dates the time was used.

Eligible Members of the Professional Staff Association:

• Compensatory time shall be used within the academic year and shall not be accumulated from year to year. Balance of three (3) hours or more, to be carried over to the next year, must be approved by the President. If carryover balance is not approved, then the compensatory time will be paid or the employee will use the compensatory time accrual before the end of the academic year.

Eligible Members of the Teamsters Local 445:

• Compensatory time may be accrued to a maximum of 160 hours.

4.27 Work Hours Reporting Policy

SUNY Sullivan faculty and staff are prohibited from entering into romantic, intimate, and/or sexual relationships with students if there is an existing supervisory, evaluative or instructional relationship, unless the relationship is disclosed and supervision, evaluation or instruction is terminated in accordance with the policy. Entering into or continuing in such a relationship can subject the faculty or staff member to discipline up to and including termination.

SUNY Sullivan faculty and staff are prohibited from supervising any employee with whom they are engaged in a romantic, intimate, and/or sexual relationship. Faculty and staff who seek to enter into a romantic, intimate, and/or sexual relationship with any employee for whom they provide supervision must notify their direct supervisor or unit head, The Office of Human Resources. The Office of Human Resources or shall notify the Vice President, or equivalent, overseeing the relevant division. Initial disclosure must occur within two (2) business days of commencement of the romantic, intimate, and/or sexual relationships. The employees supervisor, in concert with The Office of Human Resources or designee, and divisional Vice President or equivalent shall determine whether an alternative supervisory structure is possible and, if so, shall direct the employees to the alternative supervisory structure. Even if the relationship concludes (whether amicably or not), the covered employee may never supervise the other employee. Entering into or continuing in such a relationship can subject the faculty or staff member to discipline up to and including termination.

Relationships between faculty or staff and a student, or supervised employee that pre-date enrollment as a student or hire as staff are permissible provided that the relationship is disclosed to the faculty or staff members direct supervisor or unit head and The Office of Human Resources. Disclosure must occur within two (2) business days of enrollment or hire. Failure to timely notify appropriate staff can subject the faculty or staff member to discipline up to and including termination.

Students also serving as employees are prohibited from entering into romantic, intimate, and/or sexual relationships with students over whom they have a current academic or other supervisory relationship. Relationships between student-employees and students over whom they have a current academic or other supervisory relationship that pre-date the supervisory relationship are permissible provided that the relationship is disclosed to the faculty or staff members direct supervisor or unit head and The Office of Human Resources. Disclosure must occur within two (2) business days of enrollment or hire.

Reports of violations of this policy may be brought to the campus Title IX Coordinator, The Office of Human Resources, or the Office of the President.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

4.28 Consensual Relationship Policy

SUMMARY:

In support of high-quality teaching in its curricula, Sullivan County Community College employs teaching faculty who are well qualified to teach students enrolled in credit-bearing courses. This policy defines the required credentials for teaching faculty.

POLICY STATEMENT:

Sullivan County Community College requires candidates for teaching faculty positions to possess the appropriate degree, license, certification, prior work experience, and background for each position. The College will make every effort to ensure such requirements are reasonable and realistic qualifications and do not impose artificial barriers to employment.

Requirements

1. All regular full-time tenure-track, contract, and adjunct teaching faculty members are required to have a minimum of a Master's Degree in their related field of instruction at the time of offer of employment, with exceptions as noted in #2 below. Earned degrees must be awarded by a regionally-accredited U.S. institution or by a recognized non-U.S. institution, as determined by the Vice-President for Academic and Student Affairs and documented by an official transcript or the international equivalent. Discipline-specific requirements are stated in the respective position descriptions.
2. In some specialized and technical fields, individuals with discipline-specific credentials or substantial related work experience may be employed without a Master's Degree in their related field of The Vice President in the faculty member’s division will approve any appropriate alternate credentials or experience, based on the College’s needs.
3. Faculty who hold a license or certification that is required for the performance of their job duties must maintain current licensure or certification, and must inform Human Resources immediately of any lapse, encumbrance, or suspension thereof.
4. This policy does not supersede any existing collective bargaining

Applicability

Requirements #1 and #2 apply to all full-time and adjunct faculty teaching courses offered for credit hired after September 30, 2021. Requirement #3 applies to all full-time and adjunct faculty. Individuals who are invited to deliver a guest presentation(s) are not covered by this policy.

4.30 Faculty Teaching Credentials