Employee Handbook BOT approved 07222021

MISSION

As a historic American Indian serving institution, Bacone College provides a quality, holistic liberal arts educational experience for Students in a culturally diverse environment empowering life-long learners with the knowledge, skills, and capacity to be transformational leaders in both Native and non-native communities.

VISION

Empowering transformational leaders who incorporate traditional values and voices to positively impact our local communities around the world.

OPENING DISCLAIMER

This Handbook serves as a guide for some of Bacone College’s employment policies, practices, and procedures, applicable to all employees unless specified otherwise. This Handbook is for informational purposes. The policies, practices and procedures described are not conditions of employment. The College reserves the right to add, modify, revoke, suspend, terminate, or change any or all such policies, practices, and procedures, in whole or in part, at any time with or without notice. The language in this Handbook is not intended to create, nor is it to be construed to constitute, a contract of any kind between Bacone College and any one or all of its employees. That is, it is not intended to change or modify Oklahoma’s Employment-at-Will Law, and employment can be terminated at any time at the will of either the employer or the employee.

BACKGROUND CHECKS

A criminal background check is required for new employees (staff, faculty, and graduate assistant/associate) at Bacone College. Rehired employees must undergo a background check screening if one has not been conducted in a period of more than six months for staff and one year for faculty and graduate assistant/associate positions.

A previous conviction will not automatically disqualify a prospective or current employee from employment with the College. Bacone College Human Resources will review several factors to determine employment eligibility.

An email request shall be sent to Bacone College’s Human Resources Department to request a background check on a new hire, with the following information for the new hire included:

• First Name
• Middle Name (if applicable)
• Last Name
• Email Address
• Background Check Type (criminal, MVR, education, and/or credit)
• Employee Type (Staff, Faculty, GRA/GTA, Student Worker)

Remember all offers of employment are contingent upon the successful completion of the entire background check. Bacone College reserves the right to rescind offers of employment based on the review of the background check information.

All background check results and records are reviewed and handled in a confidential manner and in compliance with all applicable federal, state, and local laws, including the Fair Credit Reporting Act (FRCA).

GENERAL POLICIES

Notice of Equal Employment Opportunity and Non- Discrimination Policies

Bacone College provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex (including sex stereotyping, pregnancy, childbirth, or related medical conditions, gender identity, and sexual orientation), national origin, age, disability, genetic information, or status as a Vietnam-era, special disabled veteran, or other protected veteran, in accordance with applicable federal laws. Additionally, Bacone College complies with all applicable laws governing nondiscrimination in employment and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) in its admission of students, in any of its programs or activities, or in its employment practices. Questions concerning this policy, or complaints of discrimination may be directed to the Director of Human Resources, Bacone College, 2299 Old Bacone Road, Muskogee, OK 74403, phone 918-683-4581.

Information provided in compliance with Title IX, Title VI, Section 504, and the Age Discrimination Act.

Bacone College is committed to employing the candidate best suited for approved Bacone College positions. The appropriate authorization is required to initiate any action for an open position, including any recruitment efforts, advertising, interviewing, and offers of employment, and is necessary to extend any offers of employment to any candidate. Bacone College is an equal opportunity employer.

Anti-Harassment Policy

Bacone College is committed to providing a professional working and learning environment in which students, faculty, and staff can develop intellectually, professionally, personally, and socially and which is free of intimidation, fear, coercion, and reprisal. Harassment in any form will not be tolerated at Bacone College.

Bacone College has adopted a policy of “zero-tolerance” with respect to employee harassment. In this connection, Bacone College expressly prohibits any form of employee harassment based on race, color, religion, sex, national origin, age, disability, genetic information, status as a Vietnam-era, special disabled or other protected veteran, or status in any group protected by all applicable laws. Improper interference with the ability of Bacone College’s employees to perform their expected job duties is not tolerated.

The conduct prohibited by this policy, whether verbal, physical, or visual, includes any discriminatory employment action and any unwelcome conduct that affects someone because of that individual’s protected status. Among the types of unwelcome conduct prohibited by this policy are epithets, slurs, negative stereotyping, intimidating acts, and the circulation or posting of written or graphic materials that show hostility toward individuals because of their protected status. Bacone College prohibits that conduct even if it is not sufficiently severe or pervasive to constitute unlawful harassment.

With respect to sexual harassment, Bacone College prohibits the following:

• Unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of employment.
  • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; or

• Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following:

• Touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, or brushing against another’s body.
• Sexually suggestive touching.
• Grabbing, groping, kissing, fondling.
• Violating someone’s “personal space.”
• Offensive whistling.
• Lewd, off-color, sexually, or racially oriented comments or jokes.
• Obscene language.
• Leering, staring, stalking.
• Suggestive or sexually explicit posters, calendars, photographs, graffiti, cartoons.
• Unwanted or offensive letters or poems.
• Sitting or gesturing sexually.
• Sexually, racially, or otherwise discriminatory or lewd E-mail or voice- mail messages.
• Sexually oriented or explicit remarks, including written or oral references to sexual conduct, gossip regarding one’s sex life, body, sexual activities, deficiencies, or prowess.
• Questions about one’s sex life or experiences.
• Repeated requests for dates.
• Sexual favors in return for employment rewards, or threats if sexual favors are not provided.
• Sexual assault or rape.
• Any other related types of conduct or behavior deemed inappropriate by Bacone College.

This policy also forbids sexual favoritism in the making of any employment decision. Sexual favoritism occurs whenever a supervisor or manager makes a decision based upon an employee’s receptiveness to sexual advances.

Harassment Reporting and Investigations

All allegations of harassment will be quickly and discreetly investigated. To the extent possible, your confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure.

Confidentiality, however, cannot be guaranteed. When the investigation is completed, you will be informed of the outcome of the investigation.

If you experience or observe an incident of harassment, sexual or otherwise, you should make a report to one of the following:

• On-Campus Police by calling 918-360-5814.
• Off-Campus Policy by calling 911.
• Bacone College’s Director of Human Resources

Any employee who violates this policy is subject to appropriate discipline. If an investigation results in a finding that this policy has been violated discipline may include, but is not limited to, expulsion, suspension, and/or termination.

Employees who violate this policy also are subject to civil damages and/or criminal penalties.

Disability Accommodations Policy

The College does not discriminate in the interviewing, hiring, or promotion of individuals on the basis of disability. The College is committed to compliance with the Americans with Disabilities Act of 1990 and its related Section 504 of the Rehabilitation Act of 1973. It shall endeavor to provide reasonable accommodations requested by the employees with documented disabilities who are otherwise able to perform the essential functions of their jobs.

Human Resources shall work with all employees and their supervisors in determining the most effective accommodations that can be reasonably provided on an individual basis. It shall maintain records of such requests and accommodations in a confidential manner.

Religious Accommodations Policy

The College does not discriminate in the interviewing, hiring, or promotion of individuals on the basis of religion. The College is committed to compliance with Title VII of the Civil Rights Act of 1964. It shall endeavor to provide reasonable accommodations of an applicant’s or employee’s sincerely held religious beliefs or practices – or lack thereof – if an accommodation will not impose more than a de minimis cost or burden on business operations. Human Resources shall work with all employees and their supervisors in determining the most effective accommodations that can be reasonably provided on an individual basis. It shall maintain records of such requests and accommodations in a confidential manner.

Further, Bacone College prohibits retaliating against an applicant or employee who has engaged in protected activity, including participation (e.g., filing an EEO charge or testifying as a witness in someone else’s EEO matter), or opposition to religious discrimination (e.g., complaining to human resources department about alleged religious discrimination).

Reporting Violations Policy

Members of the Bacone community should report violations of applicable laws, regulations, government contract and grant requirements of this Code. This reporting should be made to the Director of Human Resources. The Director of Human Resources will act accordingly, and when a complaint is in regard to the President of the College, the Director will forward the complaint to the Executive Committee of the Board of Trustees.

Raising concerns about employee conduct and/or reporting violations of the standards of conduct provisions and other policies in this Handbook is a service to the College and will not jeopardize one’s position or employment. Confirmed violations will result in appropriate disciplinary action up to and including termination from employment or other relationships with the College. In some circumstances, civil or criminal charges and penalties may apply.

Bacone College employees are encouraged to report in good faith all information regarding the alleged improper or wrongful activity that may constitute:

• Discrimination or harassment;
• Fraud;
• Unethical or unprofessional business conduct; Academic, scientific, or research misconduct; Noncompliance with University policies/procedures;
• Circumstances of substantial, specific, or imminent danger to an employee or the public’s health and safety;
• Violations of local, state, or federal laws and regulations; or Other illegal or improper practices or policies.

The College is firmly committed to a policy that encourages timely disclosure of such concerns and prohibits retribution or retaliation against any employees who, in good faith, report such matters. No employees will be exempt from the consequences of misconduct or inadequate performance by reporting his or her misconduct or unsatisfactory performance

Anti-Retaliation Policy

The College prohibits any retaliation against any employee who reports harassment or participates in a harassment investigation, to the greatest extent possible. Any Bacone College employee who, in good faith, reports such incidents as described above will be protected from retaliation (defined as an adverse action taken because an individual has engaged in protected activities), threats of retaliation, discharge, or other discrimination including but not limited to discrimination in compensation or terms and conditions of employment that are directly related to the disclosure of such information. In addition, no employee may be adversely affected because they refused to carry out a directive that constitutes fraud or violate local, state, federal, or other applicable laws and regulations. Violation of this policy will be subject to discipline, up to and including termination.

PAYROLL PRACTICES AND COMPENSATION

Employee Classifications

Exempt employees

Exempt employees are exempt from the wage and hour provisions of the Fair Labor Standards Act (FLSA). These employees meet the qualifications of the Department of Labor’s definition of an executive, administrative, professional, highly skilled, computer-related occupation, or work in outside sales.

Non-Exempt employees

Non-exempt employees include all employees of the College who are subject to the wage and hour provisions of the Fair Labor Act. These employees are paid at least the minimum wage and overtime for hours worked over 40 hours a week.

Employee Categories

Based on the conditions of employment, employees of Bacone College fall into the following categories:

• Full-time: An employee regularly scheduled to work at least 30 hours a week for Bacone College. A week is defined as a seven (7) day period to commence at 12:01 a.m. Sunday.

• Part-time: Part-time employees are classified as exempt or non-exempt and work a regular schedule averaging less than 30 hours a week. A week is defined as a seven (7) day period to commence at 12:01 a.m. Sunday. Part-time employees do not receive any additional compensation or benefits provided by Bacone College.

• Temporary Contract: An employee hired for a specified project or time frame. Temporary employees do not receive any additional compensation or benefits provided by Bacone College.

Workweek and Business Hours

Regular office hours are 8 a.m. to 5 p.m. unless there is an express authorization from the President. All employees are expected to work according to their assigned schedule.

An absence of several days duration will be treated as one (1) occurrence. Employees must notify their supervisor in advance, whenever possible, of any absence. When prior notification is not possible, employees should call their Supervisor/Designee no later than fifteen (15) minutes after their regularly scheduled starting time. When providing notice, the employee is expected to give the reason and the estimated length of the absence. Absences due to vacation time are subject to different policy. See applicable section.

Workweek, Workday, and Overtime

The workweek for College employees shall normally be forty (40) hours within any seven (7)
day period, each seven (7) day period to commence at 12:01a.m. Sunday. The workday for
employees shall normally be eight (8) hours within any twenty-four (24) hour period.

Non-Exempt Positions

Overtime shall be paid at the rate of one and one-half times (1 1/2) the regular hourly rate for
hours worked in excess of forty (40) hours in a seven (7) day workweek. Paid benefit leaves
granted by the College during this period of time, such as vacation, holiday or sick leaves, shall
not be included in calculations for overtime pay.

Supervisors must authorize all hours worked in excess of an employee’s normally scheduled
workweek, in advance

Pay Period and Payday

Unless otherwise determined by law, wages or salaries earned by all regular employees are paid every two weeks on Friday. Payment of wages is subject to withholding requirements of local, state, and federal governments, and programs for which the College has authorized a payroll deduction. A statement of gross pay, deductions, and net pay is available on PayCom.

Pay periods may vary depending on the employee’s status.  Contract employees and Federal/Institutional Work Study students are typically paid on the alternating Friday from regular staff. Contracts may stipulate alternative pay periods or pay days. Direct Deposit is available to all regular employees. Contact the Business Office to set up. Otherwise, paychecks are distributed by the Business Office on paydays.

Employee Payroll Advances

Bacone College is under no legal obligation to make a pay advance to an employee for any reason. This policy recognizes that Bacone College will not offer employee payroll advances.

Paycheck Deductions

The only deductions automatically made from your payroll check are those required by law or court order.

These deductions are:

• Social Security
• Medicare
• Federal Income Tax
• State Income Tax
• Wage Garnishment
  • A garnishment is a court order requiring an employer to withhold part of an employee’s earned wages to satisfy unpaid creditors or child support. If Human Resources receives a garnishment, the employee will be notified before Payroll and Human Resources process the garnishment.

Other items that may be deducted with employee authorization are:

• 401(k) contributions
• Group health insurance premiums
• Dental insurance premiums
• Supplemental voluntary insurance such as Short-Term Disability, Life, Critical Illness, etc.
• Rent
• Charitable Contributions

The employee’s paycheck stub shows gross pay before deductions. The deductions are itemized, resulting in net or take-home pay. The employee paycheck also shows totals as they accumulate for the year for gross income before deductions and required deductions.

Timekeeping

Non-exempt employees will clock in when they arrive at the beginning of each scheduled workday and clock out when they leave at the end of their day. Non- exempt employees will also clock out and in for lunch. No overtime is allowed without prior approval. Exempt employees are not required to clock in but are expected to work at least 40 hours per week and outside regular business hours as needed. Employees are forbidden from clocking in for another employee.

Rest Periods

Employees are allowed to take breaks not to exceed 15 minutes twice a day.

Travel and Business Expense Reimbursement Policy

It is the responsibility of the President to review and approve all travel transactions for expenses anticipated and/or incurred in the course of travel on official business of Bacone.

It is the responsibility of the Team members to review and approve all travel transactions by Bacone employees for expenses anticipated and/or incurred in the course of travel on official business of Bacone. The Team members are charged with the responsibility of administering the travel budgets provided to their departments and ensure compliance with the provisions of these guidelines. The Team members are responsible for the adequacy of documentation of transactions processed by their staffs and submitted to the accounts payable office within two (2) business days.

The following specific regulations are intended to serve as universal standards, which must be applied to travel transactions processed through Bacone. These regulations cover most travel requirements that arise in the normal course of business. Should situations arise which are not specifically addressed by these regulations or if exceptions to these regulations are required, the advance approval of the Chief Financial Officer is necessary.

The Team members may prepare departmental travel regulations as they pertain to their particular circumstances, incorporating the regulations contained herein, and including such additional regulations, as may be required or alternate per diem expenses. A copy of each specific travel regulations must be filed with the Chief Financial Officer after the President has approved them.

Unless a grant or a donor dictates per diem or other specific travel expenses for employees, these regulations are applicable. The Chief Financial Officer reserves the right to recommend to the President amendments to these regulations as conditions warrant. The President may also waive or grant exception to any provision of these regulations under special, unique or emergency circumstances.

Section I. Allowable Expense:

Allowable travel expenses are defined as those, which are essential to transacting the official business of Bacone College. Examples of allowable expenses would include transportation, lodging, meals, etc. which are incurred as a result of Bacone business. Personal expenses such as laundry, movies, babysitter, clothing, personal grooming, reading matter, gifts, cleaning and pressing, personal telephone calls (other than noted above), flight insurance, entertainment, and so on, are not necessary travel expenses, and as such are not reimbursable. Lost or stolen cash or property is not reimbursable. Unusual situations may be discussed with the Chief Financial Officer.

• Reimbursement for tips, gratuities and similar fees (other than for meals) are permitted, provided the amounts paid are within normally acknowledged standards.
• Reimbursement for sales taxes is authorized within the approved allowances for travel and subsistence.
• Room service is not an authorized charge unless the dining facilities in the hotel are closed upon check-in or the hour is late, causing the employee to be uncomfortable in that environment. An employee can use room service if the cost does not exceed the per diem allowance for that meal. In any case, room service shall not be reimbursed when the charge for such service is excessive.
• Reimbursements from third parties for expenses related to Bacone activities must be disclosed by the employee on the face of the travel expense voucher.
• If reimbursements are received or to be received, then Bacone shall not reimburse the employee for the same charges.

Official Station

An official station is defined as the office or headquarters provided by Bacone College to which the employee is regularly assigned. The official station shall be designated by the Team member. No reimbursement of transportation costs shall be allowed between the employee’s official station and place of residence.

When it is necessary to assign an employee to another office, headquarters or field task, the place to which the employee is assigned shall be designated by the Team member as a temporary official station. Transportation costs to such temporary official stations or work sites shall be reimbursable under one of the following travel assignments.

• If such assignments are infrequent or irregular, reimbursement shall be on the basis of total travel cost from home to the temporary station, less total normal travel costs from home to the official station.
• Travel on non-scheduled workdays or holidays to anywhere other than the official station is reimbursable from the employee’s home.

Reimbursement Guidelines

Employees will not be routinely issued checks for anticipated travel expenses in advance of leaving for a trip. Instead, the employee should use either a Bacone travel card or personal credit card to pay expenses associated with travel on Bacone business and then submit the travel expense reporting form. In case of emergency or special circumstances, checks will be issued for travel advances. Requested travel advances must be approved by the Team member including sufficient detail to demonstrate the need for the advance.

Employees should submit their travel expenses invoices as soon after the conclusion of the travel event as possible. Original receipts for all expenses shall be attached to all requests for reimbursement except those defined as per diem expenses. Receipts for charges less than $5 for regular employees and $25.00 for executive team members are waived. Normally, receipts are required for all charges except where per diem is concerned.

Section II. Approval for Travel

TRAVEL EVENTS DEFINITION (CONVENTIONS, CONFERENCES, STAFF
TRAINING, SEMINARS, AND REGULAR BACONE BUSINESS)
Travel events in which Bacone employees may be involved are of various types. A distinction should be made at the time an event is established as to the nature of the proceedings. The following definitions are intended to assist in differentiating between the three types of travel events in which Bacone employees may participate:

• “Conventions and conferences” are distinct from formal staff training and seminars, although some training may take place at such events. These are general programs, sponsored by professional associations on a regular basis that address subjects of particular interest to an agency or are convened to conduct association business. The primary purpose of employee attendance at conferences and conventions is the development of new skills and knowledge in a particular field related to Bacone operations.
• “Staff training and seminars” include all regularly scheduled, formal residential or nonresidential training functions, conducted at a hotel, motel, convention center, residential facility, or at any educational institution or facility. Efforts should be made to take advantage of training and seminars regionally before nationally, i.e., same seminar offered in Dallas should be attended rather than
  San Diego.
• “Regular Bacone business” includes all regular official business travel, including attendance at meetings, conferences and any other gatherings that are not covered by the definitions included above. An example involving conferences/conventions would be when an employee is managing a booth or giving a presentation and is not a participant of the event.

Approval Procedures

All travel in connection with official Bacone business shall be approved in advance by the Team member except for events at which more than three individuals from the department are to attend. Advance approval is the responsibility of each area. When three or more individuals from the same department are attending the same event, the advance approval of the President must be obtained.

Occasionally situations arise in which an employee traveling on Bacone business cannot obtain prior approval of the Team member, sufficiently in advance of the departure date. In those instances, justification must be included in the text of the Travel Expense Form. Approval of the Team member should be obtained in all such cases after the travel event has been concluded. Travel to conferences, conventions and symposiums are not considered to be emergencies and should not be approved after the fact. Athletic team travel, athletic staff travel (presented in an up to amount), admissions staff travel, and development staff travel must be approved by the President on a Travel Spreadsheet or PO following approval of the appropriate Team member.

Travel Expense Form Requirements

The Travel Expense Form must be completed by the employee to document the details of the travel event, including dates, destinations and details of categories of expense. The Travel Expense Form must be signed by the employee to certify to the validity of the charges for which reimbursement is sought. The form should also bear the signature of the Athletic Director or Team member.

When travel includes use of a personal automobile, the employee must have personal automobile insurance. When travel is authorized in the employee’s own automobile on a mileage basis, the points between which travel was made and the distance traveled between each place shall be shown. The Travel Expense Form (available on-line) shall be used to reimburse Bacone employees who make claims for reimbursement of travel expenses. The form shall be itemized and stated in accordance with these regulations. Persons not considered regular Bacone employees, prospective employees and outside vendors, shall make claims for reimbursement of travel expenses on a regular check request.

Reimbursement requests shall be supported by other receipts as the Team member may require. Documentation for requests for travel reimbursement shall show the dates and individual points of travel, number of miles traveled between such points (Internet mapping sites are acceptable basis for miles traveled and should be
attached) and kind of conveyance used. If the distance traveled between any given point is greater than the usual route between these points, the reason for the greater distance shall be stated. Reimbursement requests which are not submitted in a sufficiently timely manner as to be processed by the close of the fiscal year shall not be payable.

Where travel is not by the most economical, usually traveled route, the employee reimbursement request shall set forth the details of the route, the expenses actually incurred, the hour of departure, the hour of arrival and an explanation for the use of costlier travel arrangements.

Record of Expenditures

All persons authorized to travel on business for Bacone College shall keep a record of expenditures properly chargeable to Bacone, noting each item at the time the expense is incurred, together with the date it is incurred. Information thus accumulated will be available for the proper preparation of travel reimbursement requests.

Section III. Travel Transportation

DEFINITION:
When used in these regulations, the term “transportation” is meant to include all necessary official travel on railroads, airlines, buses, taxicabs, rental cars and other usual means of transportation. The provisions of this section apply to all travel, whether for regular Bacone business, convention or conference attendance or for attendance at staff training or seminars.

AIR TRAVEL:
Air travel is authorized when it is determined that air transportation is advantageous to the conduct of Bacone business. The most economical air travel will be used, including the use of discounted and special rates. Our designated travel service provider (Yahoo Travel) will search for arrivals and departures within 90 minutes of your intended flight times. They will look for savings for non-stop vs. connecting flight savings as well as recommend alternative carriers and airports savings in excess of $150. They will also recommend Saturday night stays where Bacone will save as the result of this circumstance. This must be considered by the employee but is not mandatory.
Any benefits earned (such as future travel or financial vouchers given to individuals by carriers, as for flight delays) are the property of the employee. Employees may receive “Frequent Flyer” benefits accruing from Bacone-funded travel.

GROUND TRAVEL:
Necessary taxicab charges are permitted. However, travel to and from airports and downtown areas should normally be confined to regularly scheduled shuttle service, whenever such service is less costly than taxicab service. If shuttle service between the airport and downtown destination is not available or causes an employee to wait
an inordinate amount of time for service, taxicabs may be used.
The rental of a “stretch limousine” is neither authorized nor reimbursable unless several travelers are sharing the expense which proves to be less expensive than taxicabs, scheduled shuttle service, the use of a personally owned vehicle or the use of such is deemed necessary by the Chief Financial Officer.

Car rentals, either utilized for airport transportation or transportation at a conference, convention, etc., unless absolutely necessary for the conduct of Bacone business, are neither authorized nor reimbursable. Justification must accompany any request for car rentals. If approved, the most economical scheduling of car rental is to be used, including the use of subcompacts, if appropriate, discounted and special rates.
Admissions, Development, Athletics and Student Life departments have special circumstances that are addressed by the specific department. The Travel Expense Form shall indicate the reasons for special rentals supporting these departments.

DIRECT ROUTE:
All travel shall be by the most direct, economical and usually-traveled route. Travel by other routes is allowed when its official necessity is satisfactorily established in advance of such travel. In any case where a person travels by indirect route for personal convenience, the extra expense shall be borne by the individual. Reimbursement for expenses shall be based only on charges that do not exceed what would have been incurred by using the most direct, economical and usually traveled route.

ROUTE OR INTERRUPTED TRAVEL:
Where, for the traveler’s personal convenience or through the taking of leave, there is interruption of travel or deviation from the direct route, the subsistence allowed shall not exceed that which is incurred on non-interrupted travel by the most economical, usually-traveled route.

SPECIAL CONVEYANCES:
The rental or hire of a boat, aircraft or other special conveyance is allowed only when neither public nor regular means of transportation is available or when such regular means of transportation cannot be used advantageously in the interest of Bacone. In such cases, prior approval by the vice president is required. A satisfactory explanation must accompany these requests for approval.If the hire of a special conveyance requires payment by the traveler of incidental expenses connected therewith, such payments shall be made first, if practical, by the person furnishing the accommodation, or his operator, and itemized in the bill. Where two or more employees travel by means of such special conveyance, that fact, together with the names of those accompanying the employee requesting reimbursement shall be stated by each traveler in his report(s), as described in Section 2.3. This must be approved in advance by the Chief Financial Officer.

Use of Personal or College Vehicles

Employees may not use their personal vehicles for College business unless prior approval is obtained from the Director of Human Resources or President. When a personal vehicle is approved for use, the employee should follow the financial policies regarding travel expense reimbursement.

All reservations for Bacone vehicles driven by staff or faculty follow the following procedure:

1. A Vehicle Request form must be submitted to the transportation department for approval.
2. Upon approval the trip will be entered on the Vehicle Calendar.
3. The employee will go to the transportation department for keys at the approved date and time.
4. The transportation department representative will confirm the trip by checking the calendar before handing out the keys. A copy of the form will be kept at the transportation department.
5. Upon completion of the trip, the driver will return the vehicle and keys to the transportation department.

MOTOR VEHICLE ACCIDENT:
The reporting of accidents involving vehicles used in the course of Bacone business shall be made in accordance with procedures set forth by the Special Assistant to the President for Operations. All accidents must be reported within 24 hours.

Approval for Travel Subsistence

OVERNIGHT LODGING AND PER DIEM ALLOWANCES:
One-day trips that do not involve overnight lodging are not eligible for reimbursement and are not covered by the regulations.

For all official business travel, allowable per diem lodging reimbursement for housing and meals will be actual reasonable costs. Lodging expenses may exceed the normally acceptable rate if the hotel is the site of the convention, conference, seminar or meeting and the going rate of the hotel is in excess of reasonable rates. “Reasonable” per diem expenses are defined in appendix A. Every attempt should be made to secure lodging that is the most efficient and economical, including inquiring as to the availability of “discounts” for educational use. The Team member must approve any excess to this amount. Receipts are required for hotel expenses.

Itemized receipts shall be submitted for reimbursement. When an employee opts for per diem, receipts are not required. The total meal expense guideline is defined in appendix A. When travel covers only part of a day, the appropriate amount from the chart may be claimed. Meals covered by conference fees or other sources are not to be additionally charged. Entertaining a guest of the College (e.g., alumnus/a) dictates different standards requiring receipts, and must be approved by the President.

In all cases, documentation must be filed as to the name of the individual(s) and purpose of the entertainment to the appropriate office. In any cases in which the total per diem reimbursement is greater than the allowable rates all costs will be considered to be excessive in the absence of substantial justification accompanying the Travel Expense Form submitted by the employee.

Reimbursement is approved for the full cost of an official convention meal, which the employee attends when such meal is scheduled as an integral part of the convention or conference proceedings. If a meal or meals are included in the registration fee, the allowance for said meal or meals (see above) is to be deducted from the per diem subsistence allowance. Personal charges appearing on a hotel bill shall be deducted and the deduction shown on the bill.

• Charges for alcoholic beverages are not normally reimbursable.
• Under ordinary circumstances, no subsistence expenses are allowed an employee at his official station, at the employee’s residence or within a radius of ten miles from such station.
• No allowance is made for meals served as part of transportation accommodations when the cost is included in the transportation charge.
• If alcoholic beverages are considered to be integral to the successful conclusion of the event, then upon the discretion of the Team member, such expenses will be reimbursed.

SUBSISTENCE FURNISHED TO A BACONE EMPLOYEE BY A FAMILY MEMBER, ANOTHER BACONE EMPLOYEE OR BY A MEMBER OF THE FAMILY OF ANOTHER BACONE EMPLOYEE:
Actual subsistence expenses are not reimbursable if paid by the traveler to a member of his family, to another Bacone employee or to a member of the family of another Bacone employee. Subsistence expenses under such conditions may be paid only if a satisfactory explanation is furnished, showing that the expense was not incurred because of such personal or official relationship, that it was impracticable to obtain subsistence otherwise and that the member of the family furnishing the subsistence was not dependent upon the employee for support or that the arrangement will save Bacone money. The material facts shall be reported on the Travel Expense Form.

SHARING OF LODGING:
When lodging is shared jointly with others, that fact shall be stated on the Travel Expense Form.

TIME OF DEPARTURE AND ARRIVAL:
The time of arrival at and departure from a place is considered an hour before the train, airplane, boat, bus or other conveyance used by the traveler actually leaves or arrives at its regular terminal.

• All requests to incur reimbursable expenses involving per diem allowances shall state the time of departure from and return to official station. This information shall also be furnished on the Travel Expense Form.
• If duty at a particular place within the traveler’s itinerary is prolonged beyond thirty days, the Travel Expense Form shall state the approximate period covered by his duty assignment at such place or the approximate date of return to official headquarters, or both, as well as any other pertinent facts that show that this duty is temporary.

Section V. Miscellaneous

TELEPHONE SERVICE

LOCAL AND TOLL CALLS
Charges for telephone calls on official business are allowed, i.e., checking your voice mail. The Travel Expense Form shall show the dates on which such calls were made, the points between which each call was made and the cost per call. No reverse charges or third party calls are permitted. Every attempt should be made to place business calls at the lowest possible cost to the College.

NON-REIMBURSABLE CALLS
Telephone calls applying for and inquiring about leaves of absence or extensions thereof, inquiries as to payment of salary or expense vouchers or calls concerning any matter of a purely personal nature are not reimbursable with the exception that two personal calls, unless an emergency exists, is reimbursable while the employee is on overnight stay.

OTHER:

• Charges for necessary stenographic or computer services or rental of equipment in connection with the preparation of reports or correspondence;
• clerical assistance; services of guides, interpreters, packers or drivers of vehicles and storage of property used on official business are allowed when authorized or approved by the Team member.
• Neither payment nor reimbursement for personal services is allowed under any agreement made by the traveler with an officer or employee of Bacone College.
• Charges for the handling, storage and checking of baggage at stations are authorized for reimbursement.
• Registration fees required as part of attendance at conventions, conferences and official meetings are authorized.
• When necessary to reserve a room in a hotel or other place in order to transact official business, a separate charge is allowed when authorized by the Team member or his authorized agent.
• Miscellaneous expenses not enumerated herein, when necessarily incurred by the traveler in connection with the transaction of official business, are allowed only when the necessity and nature of the expense are clearly and fully explained on the Travel Expense Form and is approved by the President or his authorized agent.
• When the employee submits a Travel Expense Form for reimbursement, the form shall show the dates of services, quantity, unit price and such other particulars as are necessary for a clear understanding of the charges.
• Tips not to exceed 20 percent.

PAYMENTS TO OTHER BACONE EMPLOYEES:
Reimbursement is not allowed for payments made to other Bacone employees for travel or subsistence except in case of necessity, which shall be satisfactorily explained.

BUSINESS MEETING:
When a business meeting is held when authorized travel is not involved, the College will reimburse employees for reasonable meal expenses, including beverages under the following conditions with Presidential approval prior to the event:

• The purpose of the meeting is to discuss College business.
• It is necessary to hold the meeting in conjunction with a meal.
• Both College employees and non-College personnel have to attend the meeting.

When a business meeting is held attended by College personnel, employees will be reimbursed for reasonable meal costs including a beverage for:

• Breakfast and dinner meetings necessary for the conduct of College business.
• Formally organized luncheon meetings necessary to carry out the business of various official committees of the College.
• Breakfast and dinner meetings necessary for the conduct of College business.
• Formally organized luncheon meetings necessary to carry out the business of various official committees of the College.

Per Diem Rates

The following rates are effective August 1, 2009:

Mileage Rate: The current mileage reimbursement amount is .50 per mile. Mileage computations can be made using Map Quest or similar site.
General Per Diem Expenses with overnight requested:

(Prime travel markets: Boston, Los Angeles, New York City, San Francisco, and Washington DC)

Expense	Low End Market Areas	Intermediate Market Areas	Prime Market Areas
Per Diem	$36	$40	$50
OR
Breakfast	$7	$8	$9
Lunch	$20	$22	$30
Dinner	$20	$22	$30
Incidentals	$2	$2	$2
Hotel	$75	$150	$225

Per Diem Expenses for recruitment: Athletics, Admissions, Clubs with overnight requested:

Expense	Staff	Students
Per Diem	$30	$25
OR
Breakfast	$6	$5
Lunch	$7	$7
Dinner	$15	$13
Incidentals	$2	$0
Hotel	$75	Quad

Daily Per Diem for Day Trips:

Staff $15
Students $10

ON THE JOB

Attendance and Absence Policy

Regular office hours are 8 a.m. to 5 p.m. unless there is an express authorization from the President. All employees are expected to work according to their assigned schedule.

Supervisors monitor and maintain a record of employees’ attendance. If an employee has an attendance problem, i.e., excessive lateness (whether or not they have been docked), absence, or a combination of both, the issue should be documented and reported to Human Resources. If a problem is documented, disciplinary action will be taken.

An absence of several days duration will be treated as one (1) occurrence. Employees must notify their supervisor in advance, whenever possible, of any absence. When prior notification is not possible, employees should call their Supervisor/Designee no later than fifteen (15) minutes after their regularly scheduled starting time. When providing notice, the employee is expected to give the reason and the estimated length of the absence.

Employees absent for three (3) consecutive workdays without notifying the employer are considered to have proffered their voluntary resignation.

Absences due to excused leave such as holidays, vacation, and sick leave, as well as FMLA, bereavement leave and other identified reasons, are subject to different policies. These policies are outlined in the section titled: TIME AWAY FROM WORK AND EMPLOYEE LEAVE.

Education and Certification Verification

All employees are required to provide proof of credentials to the Director of Human Resources, such as official transcripts, upon hire and when updates are necessary such as when new certifications are acquired, licenses are renewed, or continuing education credits are earned.

Standards of Conduct

As members of the Bacone College community, all faculty, staff, students, members of the Board of Trustees, Officers and affiliates are responsible for sustaining the highest ethical standards of this institution, and of the broader community in which we function. The College values integrity, honesty and fairness and strives to integrate these values into its teaching, research, and business practices.

In that spirit, this Code (the ‘Code’) is a shared statement of our commitment to upholding the ethical, professional, and legal standards we use as the basis for our daily and long-term decisions and actions. We all must be cognizant of and comply with the relevant policies, standards, laws, and regulations that guide our work. We are each individually accountable for our own actions and, as members of the College community, are collectively accountable for upholding these standards of behavior and for compliance with all applicable laws and policies.

Standards of Integrity and Quality

Bacone recognizes that it must earn and maintain a reputation for integrity that includes, but is not limited to, compliance with laws and regulations and its contractual obligations. Even the appearance of misconduct or impropriety can be very damaging to the College.

Frequently, Bacone’s business activities and conduct of its community members are not governed by specific laws or regulations. In these instances, rules of fairness, honesty, and respect for the rights of others will govern our conduct.

In addition, each individual is required to conduct College business transactions with the utmost honesty, accuracy, and fairness. Each situation needs to be examined in accordance with this standard. No unethical practice can be tolerated on the grounds that it is ‘customary’ outside of Bacone or that it serves other worthy goals.

Expediency should never compromise integrity.

Confidentiality and Privacy

As a condition of employment, employees will sign a Non-Disclosure Agreement (“NDA”) and are bound by the stipulations stated therein. Community members receive and generate on behalf of the College various types of confidential, proprietary, and private information. It is imperative that each community member complies with all federal laws, state laws, agreements with third parties, and College policies and principles pertaining to the use, protection and disclosure of such information, and such policies apply even after the community member’s relationship with Bacone ends.

Non-College Professional Standards

Some professions and disciplines represented at the College are governed by standards and codes specific to their profession. Those professional standards generally advance the quality of the profession and/or discipline by developing codes of ethics, conduct, and professional responsibility and standards by which their members are guided.

Those belonging to such organizations are expected to adhere to College policies and codes of conduct in addition to any professional standards.

Use of College Resources

The resources of Bacone College must be reserved for business purposes on behalf of the College. They may not be used for personal gain and may not be used for personal use except in a manner that is incidental, and reasonable in light of the employee’s duties. Bacone College resources include, but are not limited to, the use of College systems, such as telephone systems, data communication and networking services, and the Bacone domain for electronic communication forums; and the use of College equipment, such as computers and peripherals, College vehicles and other equipment; and the use of procurement tools such as purchasing cards and petty cash; and the time and effort of other staff, students, and others at Bacone.

Compliance with Laws

Members of the Bacone College community must transact Bacone business in compliance with applicable laws, regulations, and College policy and procedure. Managers and supervisors are responsible for teaching and monitoring compliance. When questions arise pertaining to interpretation or applicability of policy, contact the individual who has oversight of the policy.

Questions

Any questions regarding the intent or applicability of this Code should be directed to the President.

Performance Evaluations

Immediate Supervisors are responsible for evaluating the work performance of employees. The purpose of employee performance evaluations is to identify strengths and weaknesses, improve work performance, and provide a basis on which decisions may be made concerning retention, promotion, merit increases, special adjustments, bonuses, demotion, or termination of employment. The performance evaluation should be conducted on an annual basis by the employee’s immediate Supervisor. A copy of the form is sent to Human Resources and inserted in the employee’s personnel file. This form serves as the official performance evaluation record and should be as complete as possible.

General Contents of Evaluation

Each performance evaluation should address job knowledge, productivity, quality of work, initiative, dependability, managerial attributes (if applicable), overall rating of performance, and supervisor and employee comments.

Dress Code and Grooming Policy

It is vital to Bacone College and the various constituents we always serve to have our employees provide an appearance of professionalism. All Bacone College employees, full-time, part-time, and adjunct faculty, will adhere to a standard of acceptable attire while engaged in College business on or off- campus.

All Bacone employees, faculty, and adjuncts will be required to adhere to the following dress codes:

During the fall, spring, and summer (Monday-Friday), Business Casual dress is required.

Business Casual articles of clothing include:

• Trousers
• Khakis pants
• Skirts
• Walking shorts
• Shirt with a collar
• Blouses
• Dresses
• Nice jeans with no holes or fraying are acceptable
• Appropriate leggings

Employees are encouraged, but not required, to wear Bacone College polo shirts, and other branded gear. Employees may purchase these shirts from the Warrior Store. Faculty and staff receive a discount.

Failure to wear the appropriate attire will result in the following disciplinary action:

• The first time an employee is identified wearing inappropriate attire, the employee will be asked to leave work and quickly return in the appropriate clothing.
• The second time an employee is identified wearing inappropriate attire, the employee will be required to leave work, quickly return in the appropriate clothing and have a Letter of Warning placed in his or her employment file.
• The third time an employee is identified wearing inappropriate attire, the employee will be subject to employee disciplinary action.

Only the President’s Executive Team can approve exceptions to this policy.

Solicitation, Distribution and Posting

Bacone College prohibits the solicitation, distribution, and posting of materials on or at Bacone College property by any employee or non-employee, except as may be permitted by this policy. The sole exceptions to this policy are charitable and community activities supported by Bacone College management and Bacone-sponsored programs related to Bacone College products and services.

Provisions

Non-employees may not solicit employees or distribute literature of any kind on Bacone College’s premises at any time without Administrative approval.

Employees may not solicit other employees during work time, except in connection with a Bacone College-approved or sponsored event. Employees may not distribute literature of any kind during work times or in any work area at any time, except in connection with a Bacone-sponsored event.

IT Resources and Communications Systems Policy

Every Bacone College employee is responsible for using the College Computer System properly and in accordance with this Policy. The term computer system in this document applies to the network, both wired and wireless, Internet access, email system, and all hardware and software. Any questions about this Policy should be addressed to Human Resources.

• The computer system is the property of Bacone College. It has been provided by Bacone College for use in conducting College business. All communications and information transmitted by, received from, or stored in this system are College records and the property of Bacone College. Use of the computer system for personal purposes is prohibited.

• Employees have no right of personal privacy in any matter stored in, created, received, or sent over the Bacone College computer system. Bacone, in its discretion as owner of the computer system, reserves, and may exercise the right to monitor, access, retrieve, and delete any matter stored in, created, received, or sent over the system, for any reason and without the permission of any employee.

• The confidentiality of any message or file stored in, created, received, or sent from the Bacone College computer system cannot be assured. Use of passwords or other security measures does not in any way diminish Bacone College’s rights to access materials on its system or create any privacy rights of employees in the messages and files on the system. Employees should be aware that deletion of any E-mail messages or files would not truly eliminate the messages from the system. All E-mail and files are stored on a central back-up system in the normal course of data management.

• Bacone has the right to retrieve and read any E-mail messages. All messages should still be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any Email messages that are not sent to them. Any exception to this Policy must have the prior approval of the Office of the President.

• Bacone’s policies against sexual or other harassment apply fully to the E-mail system, and any violation of those policies is grounds for discipline up to and including discharge. Therefore, no E-mail messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, sex, age, national origin, disability, or any other classification protected by law.

• Users should routinely delete outdated or otherwise‟ unnecessary E- mails and computer files. These deletions will help keep the system running smoothly and effectively, as well as minimize maintenance costs.

• Employees are reminded to be courteous to other users of the system and always to conduct themselves in a professional manner. E-mails are sometimes misdirected or forwarded and may be viewed by persons other than the intended recipient.

• Users should write E-mail communications with no less care, judgment, and responsibility than they would use for letters or internal memorandums written on Bacone College letterhead.

• Any employee, who wishes to send out an E-mail message to all employees, must first have the message approved by their Department Team Member.

• Because E-mail records and computer files may be subject to discovery in litigation, Bacone College employees are expected to avoid making statements in E-mail or computer files that would not reflect favorably on the employee or Bacone College if disclosed in litigation or otherwise.

• The College has software and systems in place that can monitor and record all Internet usage.

• The College reserves the right to inspect any and all files stored on campus computers and personal computers utilizing the college network on Bacone College property, in order to ensure compliance with policy.

• Sexually explicit, hostile, or demeaning material may not be displayed, archived, stored, distributed, edited, or recorded using the College network or computing resources.

• Use of any College resources for illegal activity is grounds for discipline.

• No employee may use the College network knowingly to download or distribute pirated software or data.

• No employee may use the College’s computer facility to deliberately propagate any virus, worm, Trojan horse, or trap door program code.

• Employees may not use the College network to download entertainment software, music, games, or to play games over the Internet. Streaming video or audio sites are not to be accessed at any time.

• All employees must keep their passwords confidential. An exception would be for passwords requested by Bacone College administration for files or programs that may need to be accessed by Bacone College. Any file that is introduced into the Bacone College Network must be scanned for viruses before it is accessed.

• Employees should not modify any computer network system settings. Downloading of wallpaper, screen savers, etc., are prohibited. No software is to be installed unless supplied or approved by the College’s IT Department.

• The system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization from The Office of the President. Employees, if uncertain about whether certain information is copyrighted, proprietary, or otherwise inappropriate for transfer, should resolve all doubts in favor of not transferring the information and consult the Office of the President.

Personal Technology Devices Policy

Personal Cell Phones

Employees who wish to use their personal cell phones with or without the Bacone College office phone application must sign an agreement releasing the College from liability for technology damages, upgrades, or billing.

Personal Laptops/Computers

Employees are prohibited from using personal laptops, computers, or tablets in order to protect sensitive data and information without authorization from the Director of Human Resources and the President.

Printers

The College provides shared black and white printers in specified areas. Use of a desktop printer must be approved through the Director of Human Resources and Director of Technology or ink and toner will not be provided by the College.

A commercial color printer is under the oversight of the Director of College Relations and cannot be used by any unauthorized person. Requests for color copies, brochures, flyers, and posters must be sent to the Director of College Relations for approval and production

Keys/Door Code Requests

All requests for room or building access need to be submitted to the Director of Human Resources, who will determine eligibility and distribute keys or advise IT to assign door codes, as needed.

Bacone College Social Media Policy

Social media pages representing Bacone College may only be created with the approval of the Department of College Relations and only using Bacone College email addresses for account information. Unauthorized creation and/or use of a social media account representing Bacone College could resulting disciplinary action including suspension or expulsion from the College.

• Personal accounts cannot officially represent Bacone.
• Information published on your personal accounts should comply with Bacone’s confidentiality and disclosure of proprietary data policies. This also applies to comments posted on other blogs, forums, and social networking sites.
• Be respectful to Bacone, other employees, customers, partners, and competitors.
• Social Networking activities should not interfere with work commitments.
• Your online presence reflects Bacone. Be aware that your actions captured via images, posts, or comments can reflect that of our school. Respect copyright laws, and reference or cite sources appropriately.
• Plagiarism applies online as well.
• Company logos and trademarks may not be used without written consent.

Code of Ethics/Conflict of Interest Policy

A conflict of interest exists when any individual covered by this policy has a relationship or engages in an activity which impairs or adversely influences his or her judgment with respect to policy promoting the best interest of the College and the public good, or which impairs or adversely influences the performance of his or her duties to the College.

A conflict of interest exists when a person benefits financially, either directly or indirectly, from his or her employment or appointment by the College save and except for compensation and financial benefits paid or granted by the College.

Disclosure

In any case where a conflict of interest exists, or may exist, or the appearance of a conflict of interest may exist, it shall be the duty of the person covered by this policy to disclose his or her interest, including any interest in the organization or entity which may benefit from the person’s association with the College and including any such beneficial interest a member of the person’s immediate family may have because of the person’s association with the College.

Persons who perceive the existence of a conflict of interest shall not endeavor to resolve the conflict or determine that the external benefits will not adversely affect the College; but shall make a full disclosure of the facts, circumstances, relationships, and transaction by reporting to their immediate supervisors, who shall keep the appropriate officers of the College informed.

Reports shall be made promptly, and at the discretion of the person receiving the report, shall be made in writing, and signed by the person making the disclosure.

Restraint on Participation

Persons covered by this policy are encouraged to avoid relationships and transactions, which constitute a conflict of interest. When such situations cannot be avoided, the persons involved shall refrain from participating in consideration of the transaction affected by the conflict of interest, unless under special circumstances the College determines that their participation is imperative for the welfare of the College and the public good. If such a waiver is indicated, it shall be in writing and signed by the President or Board making the determination, and a copy of the Waiver shall be provided to the College’s Legal Counsel.

Outside Employment Policy

Community members who are Bacone faculty and staff owe their primary professional allegiance to the College and its mission to engage in the highest level of education, research, and scholarship. Outside professional activities, private financial interests or the receipt of benefits from third parties can cause an actual or perceived divergence between the College mission and an individual’s private interests. In order to protect our primary mission, community members with other professional or financial interests shall disclose them in compliance Bacone’s conflict of interest policy.

Telecommuting Policy

Generally, all employees of Bacone College are expected to perform their job responsibilities while physically present on Bacone College’s campus.

Exceptions to this general policy may be permitted when authorized by the President or the Board of Trustees. Exceptions will be considered on a case-by-case basis, and may include instances where exigency plans are needed, such as a time of pandemic.

Romance in the Workplace Policy

No employee of Bacone College shall enter into or maintain any romantic or sexual relationships with students or with employees over whom they exercise any academic, athletic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence. Similarly, no employee of Bacone College shall exercise any academic, administrative, supervisory, evaluative, counseling, or extracurricular authority over any student or employee with whom that employee had previously been involved in a romantic or sexual relationship. Teaching and coaching professionals in particular are under a special obligation to preserve the integrity of their relationships with students, and therefore are expected to maintain at all times the highest level of professionalism with students, whether or not any real or perceived authority over the student exists. To report activity or behavior employees may observe or experience that violates this policy, they should notify the Director of Human Resources.

Employees who violate this policy will be subject to discipline, up to and including termination.

Nepotism Policy

Employees are prohibited from performing in a supervisory capacity over any immediate family member. Employees and supervisors are responsible for informing management of any familial relationship.

For the purposes of this policy, ‘immediate family’ is defined as a close relative including: parent, child, grandparent, grandchild, sibling, uncle, aunt, nephew, niece, first cousin, spouse, domestic partner, stepparent, step- child, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter- in-law, half-brother, half-sister and by guardianship and/or adoption a person residing in the immediate household except live-in household employees or roomers. Relatives of domestic partners shall be treated as relatives of spouses.

Requests for exceptions to this policy must be submitted to the President or the Executive Committee of the Board of Trustees as appropriate and are at their discretion.

Violations of this policy will be subject to discipline, up to and including termination.

Volunteers

A volunteer is someone who:

• Is unpaid;
• Offers services freely without coercion or pressure to serve;
• Has no expectation of receiving pay or other benefits, including future positions at the College;
• Does not currently and/or did not previously hold a position performing the same tasks; and
• Does not displace a current or past paid position and whose volunteer services are not substantially the same as a paid position.

Volunteer service should not displace work performed by College employees, nor should it be used to circumvent the established processes that govern the College’s hiring processes.

Volunteers under the age of 18 cannot:

• Drive or operate machinery or
• Perform jobs requiring specialized personal protective equipment.

Training Requirements

At a minimum, supervisors must provide the following to volunteers:

• Information on how to report emergencies, injuries, and unsafe conditions;
• Specific information about hazards and/or unsafe conditions pertaining to the activity(ies) and location(s);
• Emergency evacuation procedures and routes.

Volunteer Qualifications

• Volunteers must be 14 years or older. If less than 18 years old, parental consent to volunteer is required.
• Volunteers under the age of 18 may have restrictions on their work hours.
• Additional training may be required based on the volunteer’s activities.

Volunteer Expectations

• Follow State, Tribal, and College policies and expectations of regular employees.
• All volunteers must be vetted through the Director of Human Resources for approval and may be subject to a background check.

HEALTH AND SAFETY

Health and Safety in the Workplace Policy

The personal health and safety of each employee of Bacone College are of primary importance. Accordingly, College Policy is that each work location shall be kept free of hazards that may cause physical harm or illness to employees. All members of the campus community are responsible for implementing this policy. Direction and assistance are provided by Senior Management (including Department Team Members and the President) and Human Resources. Failure to follow the College’s Health and Safety Policy may result in loss of benefits to the injured or ill employee or violate the Worker’s Compensation laws and the Federal Occupational Safety and Health Act.

All employees shall safely perform work. Further, all employees must report any injury or occupational illness to their supervisor immediately.

No-Tobacco and Smoke-free Workplace Policy

Bacone College has adopted a no-tobacco and smoke-free workplace policy that is applicable to the entire campus. This policy is instituted to promote the health and well-being of the campus community; to preserve and protect College property; and to provide a clean and healthy environment that is conducive to academic and athletic pursuits of Students, Employees. The use of tobacco or any other products—including, but not limited to marijuana—is prohibited in all areas of property owned or controlled by Bacone College, the Residence Halls, and any covered walkway around the residence halls, inside vehicles, Student Life areas and classrooms.

This scope of this policy includes, but is not limited to, cigarettes, cigars, chew, pipe, snuff, pouch, vapor products, and all other tobacco or substance-related products, Violation of this policy can result in disciplinary actions that include, but are not limited to: suspension, removal from leadership positions, removal from campus, termination, fines and/or criminal charges. Bacone College reserves the right to conduct random drug testing and room searches of all campus facilities, including dormitories and offices, and all vehicles on campus.

Discretion on disciplinary action can be made by the President and/or Shared Governance Committee. In some cases, referrals can be given for counseling or other social services.

Responsibility and Implementation of Policy:

1. The President, Vice Presidents, Campus Police, Department Heads, and all other supervisors are responsible for the implementation and enforcement of this Tobacco and other substances Policy. Bacone College expects that people will comply with this policy out of self- interest, respect for laws, and concern for others. However, complaints regarding this policy, or disputes regarding its implementation, should be referred to the VPSA.
2. Responsibility for honoring the provisions of this policy will be the obligation of all employees, Students, and visitors of Bacone College.
3. This policy respects the rights of American Indians pursuant to the The American Indian Religious Freedom Act of 1978 (AIRFA) (42 U.S.C. § 1996.)

Substance Abuse in the Workplace Policy

Overview of Policy

Bacone College (the ‘College’) has established a substance-free workplace policy that applies to all employees and students. An applicant’s failure to properly execute and fully comply with the terms, conditions, and obligations of our substance-free workplace policy will automatically result in rejection of an application for employment. Once hired, continued full compliance is a condition of continuing employment.

Marijuana is an illegal substance under federal law and is therefore illegal to possess, distribute, or use or be under the influence of on campus. Bacone College is located within the interior boundaries of the Muscogee (Creek) Nation and abides by federal statutes. Drug paraphernalia is also strictly prohibited on Bacone campus.

Statement of Policies

1. The College prohibits the following conduct at all times, on or off duty, on or off College premises, by employees and students:

• Distributing, dispensing, manufacturing, possessing, selling, transferring, obtaining, or using illegal drugs or controlled substances. Such substances include, but are not limited to, the substances listed on Appendix A.
• Abuse of legal (‘Prescribed’) drugs including but not limited to distributing, dispensing, obtaining, or selling prescription drugs or abusing legal drugs in any manner contrary to the specified restrictions imposed by valid prescription.
• The College prohibits the following conduct in all College vehicles, offices, workplaces, premises, and job locations, and at any time while on College business, by all employees, regardless of the time of conduct:
  • Distributing, dispensing, manufacturing, possessing, selling, using, transferring, obtaining, consuming, or being under the influence of, alcohol, illegal drugs, prescribed drugs that can adversely affect a person’s ability to perform that person’s job or ability to drive or maintain safety for others, or drug paraphernalia.

If an employee is taking any Prescribed drug or over-the- counter drug that may cause a reduction in the ability to perform the employee’s job properly, to drive, or to maintain the safety of others, the employee must report the use of the drug to the College’s Human Resources Director. The College will Maintain all reports of such drugs in separate, confidential files, and will disclose the use of such drugs only to such supervisors as need to be aware of and to take appropriate responses to the use of such drugs. The College may require that other uses of Prescribed drugs be reported in the same way.

Duty to Report

Any College employee, student or applicant who has any knowledge of any violation of any part of this Policy, including but not limited to employees and students, is required to immediately and fully report the matter to his/her supervisor, to the personnel manager for his/her job site, or to the Vice President of Academic Affairs. Failure to report a known or suspected violation constitutes a violation of this Policy and will subject the employee or student who fails to report violations of which they have knowledge to disciplinary action.

Criminal Drug Statute Convictions

Employees who are convicted of a violation of Federal or State Drug statutes, including a plea of no contest, for an occurrence on or off College premises or job location(s), are subject to suspension or termination as determined in the sole discretion of the Administration, depending upon the severity or frequency of the violation. Students are subject to suspension or dismissal.

A ‘first offense’ conviction for violation of alcohol related statues including DUI, DWI, transporting open container and public drunk, may by grounds for the imposition of a probationary period of employment if such incident does not involve an injury to persons or property, or death. The probation will be for the period of one year or for the period sentence (including deferred, suspended, and probationary sentences) imposed by the court, whichever is longer. Management may, however, terminate the employee or dismiss a student for such an offense.

If such alcohol-related activity, that results in a conviction, (A) involves any injury to persons or property or death, or if such activity involves a College vehicle or property or -occurs while the employee/student is on College business or involved in a College activity, or (B) results a. second or subsequent conviction, such activity will subject the employee/student to suspension, termination or dismissal as determined in Administration’s discretion.

Any conviction for a drug- or alcohol- related offense shall be deemed appropriate grounds for periodic random drug and alcohol testing of that individual.

Failure to properly and timely notify the appropriate College personnel within five (5) days of a criminal drug or alcohol conviction will result in automatic termination of employment and removal from College premises and vehicles.

Drug Testing in the Workplace Policy

In an effort to maintain a substance-free workplace and campus, Bacone College may, at its discretion, conduct drug and alcohol testing of job applicants, employees, and students. The purpose of testing is to determine whether the body system contains a detectable amount of illegal drugs or alcohol. The presence of such drugs or alcohol, if detected and verified at or in excess of the prohibited levels, will be grounds for denial of employment or termination of existing employment.

Required Cooperation with Drug or Alcohol Testing

All employees, job applicants and students are required as a condition of continued employment, hiring or status as a student, to comply with the following requirements:

• Voluntary, written, continuing consent (as required by the College) authorizing the collection of blood and/or urine specimen(s) from the employee, job applicant or student for the purpose of performing urinalysis and/or blood testing to detect specified levels of drugs and alcohol;
• Voluntary, written consent to authorize the testing facility to release the testing results to the College;
• Providing samples as and when required in conformance with this Policy; and performing the other duties stated in this Policy.

Employees, Applicants and Students who may be tested

• Any employee, job applicant or student that the College has Reasonable Suspension to believe is abusing or under the influence of drugs or alcohol ‘Reasonable Suspicion’ is described below.
• The College will conduct drug tests of student-athletes as required by league and NAIA rules.
• At the discretion of the College, it may periodically and randomly test any employee or student upon his/her return to duty after a counseling or rehabilitation program for drug or alcohol abuse, or at any time or times within two years after the last time that the employee/student returns to work or school after counseling or rehabilitation.

Reasonable Suspicion

The College has ‘Reasonable Suspicion’ if it believes that an employee, job applicant or student is using or has used drugs or alcohol in violation of this Policy, and such belief is based on objective and articulable facts and reasonable inferences from those facts in light of the College’s experience. The College’s ‘Reasonable Suspicion’ may be based on the following, among others not listed:

• The observation of the physical or mental symptoms of being under the influence of drugs and alcohol.
• The direct observation of drug or alcohol use during work, class, campus activity, while on duty or during an interview.
• A report of drug or alcohol use while at work, class, campus activity or while on duty, provided by a source that the College considers reliable and credible and for which the College has obtained independent corroboration; or
• Evidence that the employee, job applicant or student is involved in the use, possession, sale, solicitation, or transfer of drugs while on duty or while on the College’s premises or operating the College’s vehicles, machinery, or equipment.

Discipline:

An employee, job applicant or student who Refuses to provide consent, revokes consent, and/or fails or refuses to submit to testing shall be subject to:

• The immediate withdrawal of consideration of an application for employment or admission of a student, or immediate termination of employment or status as a student.

An employee, job applicant or student whose alcohol or drug test is confirmed positive, or who otherwise violates this Policy, is subject to discipline as follows:

• Immediate withdrawal of consideration of an application for employment or admission of a student, or immediate termination of employment or status as a student.

Other violations:

• Discipline up to and including termination of employment or status as a student.
• Oklahoma law states that if an employee is terminated because of a positive drug or alcohol test, or because he/she refused to cooperate with a drug or alcohol test, that employee is not entitled to Unemployment Compensation.

Possession of Paraphernalia, Firearms, Weapons or Stolen Property Policy

No firearms are permitted on the College’s premises, or on any premises at which the employee or student works, learns, studies, or participates in a program, on behalf of the College or in connection with a College program.

Any employee or student who has in their possession, control, or personal effects any drug paraphernalia, firearms, weapons or stolen property is subject to discipline up to and including termination as an employee or expulsion as a student.

Any items prohibited by this Policy may, in a manner compliant with applicable laws, be confiscated by the College and may be turned over to law enforcement officials.

Workplace Searches Policy

To ensure commitment to this Policy, every employee and student authorizes inspection of their person; their vehicles; their property and property under their control, while any of the above are on College premises. As a condition of continued employment or status as a student, employees and students are required to voluntarily consent to an inspection, in writing, upon request.

Workplace Violence Policy

Bacone College provides a safe workplace for all employees. To ensure a safe workplace and
to reduce the risk of violence, all employees should review and understand all provisions of this
Workplace Violence Policy.

Prohibited Conduct

Bacone College does not tolerate any type of workplace violence committed by or against employees.
Employees, students, and visitors are prohibited from making threats or engaging in violent activities.
This list of behaviors, while not inclusive, provides examples of conduct that is prohibited:

• Causing physical injury to another person
• Making threatening remarks
• Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress
• Intentionally damaging employer property or property of another employee
• Possession of a weapon while on Bacone property or while on Bacone business
• Reporting Procedures

Any potentially dangerous situations must be reported immediately to a member of Security,
Supervisor or Human Resources. Reports can be made anonymously and all reported incidents
will be investigated. Reports or incidents warranting confidentiality will be handled appropriately
and information will be disclosed to others only on a need-to-know basis. All parties involved in
a situation will be counseled and the results of investigations will be discussed with them.
Bacone College will actively intervene at any indication of a possibly hostile or violent situation.

Risk Reduction Measures

Hiring: Human Resources takes reasonable measures to conduct background investigations to
review candidates’ backgrounds and reduce the risk of hiring individuals with a history of violent
behavior.

Individual Situations: While we do not expect employees to be skilled at identifying potentially
dangerous persons, employees are expected to exercise good judgment and to inform Security,
a Supervisor or Human Resources if any employee exhibits behavior that could be a sign of a
potentially dangerous situation.

Such behavior includes:

• Displaying overt signs of extreme stress, resentment, hostility, or anger
• Making threatening remarks
• Sudden or significant deterioration of performance
• Displaying irrational or inappropriate behavior
• Dangerous/Emergency Situations

Employees who confront or encounter an armed or dangerous person should not attempt to
challenge or disarm the individual. If a supervisor can be safely notified of the need for assistance without
endangering the safety of the employee or others, such notice should be given.

Enforcement

Threats, threatening conduct, assault or any other acts of aggression or violence in the workplace will
not be tolerated. Any employee determined to have committed such acts will be subject to
disciplinary action, up to and including termination. Non-employees engaged in violent acts on
Bacone premises will be reported to the proper authorities and fully prosecuted.

EMPLOYEE BENEFITS

Employee Insurance Benefits

Insurance benefits are available to eligible full-time employees who opt to enroll. Eligible employees include those hired to work full-time (working at least 30 hours per week and continuously a minimum of 1,440 hours during a calendar year) for a taxable income. Part-time, retired, temporary contract, or substitute employees are not eligible for insurance benefits.

Health Insurance

Bacone College provides voluntary group health insurance to eligible full-time employees. Both single and family coverage is available. Each individual is required to contribute a share of the premium costs. Details on the health insurance plan are available in the Human Resources Office and may be picked up when applying for these benefits at the time of employment.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees who lose health coverage because of termination or a reduction in the number of hours of employment or employee dependents who lose coverage because of death of the employee, divorce, legal separation, or because of the 23-year-old age limitation for dependent children, to continue their coverage ranging from 18 to 36 months provided they exercise their option for continual coverage within 60 days after the date of loss of coverage, they pay the applicable monthly premium plus a (two) 2 percent administrative charge on a timely basis, the employee or dependent does not qualify for coverage under another group health plan or Medicare, and Bacone College continues to offer the health plan in which the employee or dependent was enrolled. Your responsibility is to inform your spouse and children of their COBRA rights under the law and inform the College in writing when a member of your family becomes eligible for COBRA benefits.

Other Benefits

Bacone College offers other voluntary benefits to employees, including life insurance, short-term disability, long-term disability, dental insurance, and vision insurance. Eligibility information, coverage details, and costs are available in the Human Resources Office.

Workers Compensation Coverage

Worker’s Compensation Insurance for any injuries sustained while performing job duties covers all employees of Bacone College. Any on-the-job injury should be reported immediately to Human Resources so that treatment can be authorized, and the accident forms completed.

Other Voluntary Plans

Bacone College offers full-time employees various other voluntary plans, such as supplemental life, whole life, & critical illness insurance. These premiums may be paid through payroll deduction.

Faculty and Staff Housing

Campus Housing may be available to full-time employees using the following criteria:

1. Availability of housing
2. Special need of availability to the College
3. Ranking from Eligible Employees – Full-time Faculty, Senior Management
4. Staff, Management Staff, and Full-time staff
5. Length of Service to the College

The President shall determine special need. The employee receiving housing shall execute a lease and agree to payroll deduction for all due payments.

Tuition Waiver for Employees and Dependents

Full-time employees at Bacone College are entitled to a waiver of tuition, as are their dependents. Dependent status is verified by immediate past or current year status in the employee’s IRS filing. The maximum tuition waiver granted is for the full cost of tuition. In addition, activity fees are waived, but all other fees are charged according to the current fee schedule. All dependents are required to apply for all federal financial aid available to them. However, the financial aid director, in cases where it is apparent that the dependent is not entitled to any federal financial aid, may make a specific waiver of this requirement, in writing.

This policy provides for a maximum of 136 attempted academic hours or attainment of the individual’s first bachelor’s degree. Any employee who terminates at any given time during a term will assume responsibility for payment of the prorated balance of tuition for the individual covered by the waiver.

Daytime classes must be approved by their Supervisor, and the President’s Office to confirm there won’t be a disruption to the department. Non-exempt employees must punch in and out for classes. They will not be paid for class time. Classes will result in a shortage of hours for the pay period.

A lunch hour must be taken each day; lunch hours cannot be used to attend classes.

TIME AWAY FROM WORK AND EMPLOYEE LEAVE

Holidays, Vacation and Sick Days

Holidays

Bacone College observes 11 paid holidays each year for eligible employees.  The days designated by the College as holidays are: 

• New Year’s Day
• Martin Luther King Jr. Day
• President’s Day
• Memorial Day
• Juneteenth
• Fourth of July
• Labor Day
• Indigenous People’s Day
• Thanksgiving Day
• Friday after Thanksgiving
• Christmas Day

Additional paid holidays may be authorized by the President.

Vacation Time

Full-time staff shall accrue vacation time at the following rate:

• First-year through the fifth year – 3.06 hours per biweekly pay period, or ten (10) days per year.
• The sixth year through fifteen-year – 4.62 hours per biweekly pay period, or fifteen (15) days per year.
• Sixteenth year to maximum – 6.15 hours per biweekly pay period, or twenty (20) days per year.

In addition, the following rules apply:

• Supervisors shall be responsible for the scheduling of vacations based on the needs of the College. Where possible, preference in scheduling shall be given to employees with higher seniority.
• Vacation requests of more than three days must be made at least five business days in advance. Vacation requests up to 3 days are at the discretion of your Management Team member. Requests for exceptions to this Policy can be made to your Management Team member, who will make a recommendation to the President.
• Holidays falling within vacation leave are not charged as vacation leave.
• Upon separation for any reason, an employee shall be entitled to compensation for any unused vacation leave accrued.
• Employees transferred shall have all vacation leave accrued transferred to the new position. Such an employee shall not be paid for vacation leave due on the date of such a transfer.
• An employee shall commence accruing annual vacation leave at the beginning of employment but may not use vacation time until they have been employed for at least ninety (90) days.
• Vacation time accumulates annually from August 1 to July 31. All employees should strive to use their vacation time within this time frame. If necessary, unused vacation leave may be carried a maximum of six months from the annual cut-off date of July 31. After January 31, all previous year accruals will be forfeited unless the President and Human Resources have authorized that an exception to this rule is made in a particular case for the benefit or convenience of the College.
• Advance vacation leave may be granted for up to one week with approval from the President’s Office. If at any time employment terminates with Bacone College, all vacation time taken in advance will be deducted from the employee’s final week of pay.
• The rate of pay for vacation leave shall be the rate the employee is earning at the start of the vacation.
• Vacation earned at a full-time rate will not be reduced if the employee becomes a part-time employee.

Extensions to vacation leave may be granted at the convenience of the College if the employee requesting the extension is eligible for the other appropriate type of leave, including paid and unpaid leaves of absence and illness leaves. Such extensions must be applied for and approved, in writing, by the Supervisor and the President’s Office. If necessary, during a vacation leave, emergency leave shall be added to the time the employee is free from duty, and the employee shall have the vacation leave extended by the appropriate amount of time.

Sick Leave

Sick leave for full-time employees shall accrue at the rate of 1.85 hours for each biweekly pay period completed, up to a maximum of six (6) days annually. Sick time does not accrue during unpaid sick leave or short-term disability. Sick time is accrued during vacation. Sick time may be accumulated up to a maximum total of sixty (60) days. Sick time may be used for any illness, which requires time off from work. A pregnancy-related illness shall be treated the same as any temporary disability for all personnel actions (length and extension of leave, retention of seniority, reinstatement, or fringe benefits). The employee’s physician determines the length of time off due to pregnancy. Payment during this Time will be covered first by the Sick Leave Policy and then by the Short- Term Disability Policy. Sick time may also be used to care for the illness of the employee’s spouse, child, parent, for whom the employee has primary care responsibility. The College, through your supervisor, reserves the right to request proof of illness from a physician in any case where you are personally absent due to illness or where you request to use your sick time because of the illness of your spouse, child, or parent.

No payment shall be made at any time for unused sick leave. Staff terminating employment with Bacone College shall forfeit all unused sick leave.

In addition, the following rules apply:

• To receive sick leave, the employee shall notify her/his supervisor within the first two (2) working hours of the day, unless incapacitated.
• Unaccrued sick leave shall not be granted under any circumstances. A new employee shall not be granted sick leave until he/she has completed (3) months of service. However, sick leave shall accrue starting at the beginning of employment.
• Sick leave may not be taken during lay-off.
• An employee shall not undertake any gainful employment during sick leave.
• No injured employee shall suffer a loss of pay for any portion of the waiting period before the initial wage-loss benefit payment by the Worker’s Compensation Insurance carrier, provided the employee has sick leave, paid leave of absence, or vacation leave to cover the period. Employees injured on duty shall be eligible for sick leave benefits under the same conditions as uninjured employees.
• Sick leave taken shall not affect employee’s seniority rights.
• The rate of pay for sick leave shall be the employee’s rate at the starting date of the sick leave.

Bereavement Leave Policy

A maximum of three (3) days paid leave of absence is available in the case of a death in a full-time employee’s immediate family (father, mother, sister, brother, grandparents, spouse, dependents, in-laws).

Family and Medical Leave Policy

Bacone College is committed to compliance with the Family and Medical Leave Act of 1993 (the “FMLA”). The purpose of this policy is to provide employees with a basic understanding of their rights and obligations under the FMLA.

This policy applies to all employees eligible for leave under the FMLA. An ‘FMLA Eligible’ employee, as used in this leave policy, means an employee who: (1) has been employed by Bacone College for at least 12 months; (2) has actually worked at least 1,250 hours in the previous 12-month period; and (3) works in a location within 75 miles of at least 50 Bacone College employees. Certain military service may be counted toward the 12-month and 1,250-hour thresholds. Employees who do not meet these specific requirements may still be eligible for some types of leave depending on the reason and length of leave.

A.  FMLA Leave Year

For purposes of measuring the maximum amount of leave available to an employee, Bacone College generally uses a rolling 12-month period; measured backward from the date the employee takes leave. Available leave is determined by subtracting the number of weeks of FMLA leave taken during this 12-month “look back” period from the 12-week total allowed.

B.  Basic Leave

Basic FMLA leave is available only to FMLA-eligible employees are entitled to twelve workweeks of leave in a 12-month period for:

• the birth of a child and to care for the newborn child within one year of birth, as well as the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• When leave is taken for this reason, it must generally be taken in periods of at least two weeks to care for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• Generally, this type of leave is available only for medical conditions that result in a period of prolonged incapacity (more than three days) but is also available for chronic health conditions for which the employee is being medically supervised. All employees are eligible for this type of leave, but reinstatement rights vary depending on whether an employee is FMLA Eligible and on the reason for leave.
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty
• Where both spouses work for Bacone College, they have one shared 12-week leave entitlement to care for a new child or ill parent.

Basic leave may be taken intermittently depending on the opinion of the employee’s health care provider or their family member’s health care provider, depending on the reason the employee is taking FMLA leave.

C.   Military Family Leave Entitlements

FMLA-eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active-duty status may use their 12-week leave entitlement to address certain “qualifying exigencies.” Qualifying exigencies may include attending certain military events, arranging for alternative childcare,

addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period (Note: When both spouses work for Bacone College, they are limited to a combined total of 26 weeks for Military Caregiver Leave.) A covered servicemember is:

• a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
• a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FML to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. (Note, the FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of serious health condition).

D.  How to Request FMLA Leave

Requests for basic leave and military family leave entitlements must be approved in advance by your Manager and the Human Resources Department. Employees must provide Bacone College with at least 30 days advance notice before the leave is to begin. If the need for leave is unforeseeable, and 30 days notice is not possible, notice must be given on the same day that the employee learns of the need for leave, or the next business day, unless circumstances make this impracticable. Leave requests should be made in writing and must set forth the reasons for the requested leave, the anticipated start date of the leave, and the anticipated duration of the leave.

Employees who request a leave because of their own health condition or a family member’s health condition (including pregnancy and military caregiver leave) must submit written medical certification from a health care provider to support the leave request. If an employee fails to provide the required medical certification within 15 days of requesting leave, Bacone College may deny or delay the leave. Medical certification forms are available from the Human Resources Department.

Subject to the approval of the health care provider, employees are expected to consult with their Manager prior to the scheduling of medical treatment for themselves or a family member in order to work out a schedule which best suits the needs of both the employee and Bacone College.

Leave extension requests should be made two weeks before the end of the scheduled leave, if possible. Where the leave extension is for the employee’s serious health condition or a family member’s serious health condition, the request must include medical certification of the need for continued leave.

Failure to comply with these notice requirements may result in denial or deferral of the requested leave.

E.  Employee Compensation and Benefits During FMLA Leave

Compensation

Under the FLMA, Family Leave generally is unpaid. Employees may choose to use accrued paid leave during leave, and in some circumstances must use accrued paid leave, as follows:

• Sick leave must be used during medical leave, military caregiver, or family care leave to care for an ill family member.
• Vacation must be used during medical, military caregiver, military exigency, and family care leave.
• Use of vacation and/or sick leave is optional, not required, during periods the employee is receiving any kind of income replacement benefits, such as workers’ compensation or disability leave benefits.

Using paid leave will not extend the maximum amount of leave available. When paid leave is exhausted, the remaining leave is unpaid. Sick leave and vacation benefits will continue to accrue only during the portion of leave during which an employee is receiving sick leave or vacation pay.

Health Insurance

Bacone College will maintain group health insurance coverage for FMLA- eligible employees for up to a combined total of 12 weeks of family, medical or military exigency leave, and up to 26 weeks of military caregiver leave. The employee will continue to be responsible for paying the employee’s portion of applicable group health insurance premiums, and for all other benefits during the period of leave if the employee wishes such benefits to continue. Bacone College’s obligations to maintain health benefits cease if an employee fails to pay their share of premiums for which they are billed. Employees who are not FMLA eligible or who exhaust their 12-week (or 26- week) benefit entitlement, and their 12 weeks of Short-Term Disability, may continue coverage at their own expense under COBRA.

An employee who fails to return from leave may be required to repay insurance premiums paid by Bacone College during the leave.

F.  Return to Work After FMLA Leave

All employees returning from medical leave taken for their own serious health condition must provide medical certification of their fitness to return to work.

Most employees who return to work from FMLA Leave within the 12-week period (or within the 26-week period from military caregiver leave) will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms, unless the employee would have been terminated for reasons unrelated to the leave (for example, position elimination), or if the employee can no longer perform the essential functions of the job. Employees returning from leave after more than 12 weeks due to a work-related injury will be reinstated except where reinstatement is unavailable due to business necessity.

Bacone College reserves the right not to reinstate FMLA-eligible employees who are considered ‘key’ employees. Bacone College will notify such employees of their ‘key employee’ status and the conditions under which they may be denied reinstatement, if applicable.

G.   Termination After FMLA Leave

If the employee’s prior position or an equivalent position is not available at the end of the approved leave, employment will be terminated.

In addition, an employee is considered to have resigned voluntarily if:

• The employee does not return to work on the next regularly scheduled workday after the end of the approved leave period;
• The employee does not return to his or her original position or an equivalent one as soon as he or she is able;
• The employee has accepted other employment during the leave period.

Military Service Leave Policy

Employees who are absent from work for duty in the uniformed services will be granted an unpaid military leave and reinstatement rights in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and state law. Bacone College will continue group health benefits during leaves of up to 30 days, and thereafter the employee may continue coverage at the employee’s expense for up to 24 months under the provisions of USERRA. The maximum cumulative period of military leave during an employee’s employment with Bacone College is five years, subject to certain exemptions. Employees who have annual military obligations are required to schedule their leave with the Human Resources Department as far in advance as possible.

Eligibility for employment reinstatement following a period of service in the uniformed services is in accordance with USERRA. Upon reinstatement, an employee’s compensation, benefits, retirement eligibility, and length of service will be calculated as if he/she had been continuously employed during the service leave period.

A growing number of states provide leave for family members of service members. The entitlements for such leave differ from state to state. Our policy is to comply with such laws in any circumstances where they apply to employees of Bacone.

Please contact the Human Resources Department for additional details regarding military leave.

Jury Duty Leave Policy

Employees are responsible for notifying their Supervisor, of impending jury duty, immediately upon receipt of notice to serve. Sufficient notice will allow the Supervisor to reschedule work assignments in the department or to make an appropriate request to the judge for the release or rescheduling of any staff member called for jury duty during a time when his/her absence would impair necessary College operations.

Employees who are called for jury duty will receive full pay, provided:

They give the College their jury pay and report for work on any full or partial day during which they are released from jury duty. A copy of the jury duty summons should be attached to a signed Leave Request and turned into Human Resources.

EMERGENCY PROCEDURES

Fire Emergencies

If you smell or see smoke, electrical sparks, fire, etc., you should:

1. Pull fire alarm box and make sure the building is evacuated. Everyone must leave building when alarm sounds.
2. Dial 9-1-1 to report the fire. If calling from a campus phone you must dial 9-9-1-

1. You must give your location, Bacone College, 2299 Old Bacone Road. You should also give your building and room number if applicable.

• Dial 918-360-5814 – 24 hours a day to notify Campus Police. You MUST call this number AFTER calling 9-1-1.
• Post a responsible person outside to direct emergency workers.

Police Emergencies

If you have an emergency need for police:

1. Call 9-1-1 to report the emergency. If calling from a campus phone you must dial 9-9-1-1. You must give your location, Bacone College, 2299 Old Bacone Road. You should also give your building and room number if applicable
2. Dial 918-360-5814 – 24 hours a day to notify Campus Police. You MUST call this number AFTER calling 9-1-1.
3. Seek out others so you are NOT alone.
4. If you have a non-emergency security concern call Bacone Campus Police24 hours a day at 918-360-5814.

Medical Emergencies

If someone in your area is in need of emergency medical attention you should:

1. Call 9-1-1 to report the Medical Emergency. If calling from a campus phone you must dial 9-9-1-1. You must give your location, Bacone College, 2299 Old Bacone Road. You should also give your building and room number if applicable.
2. Dial 918-360-5814 – 24 hours a day to notify Campus Police. You MUST call this number AFTER calling 9-1-1.
3. Send someone outside to wait for the Ambulance.
4. Transport of injured/ill school employees or students is not to be performed by school personnel.

Medical Non-Emergencies

If faculty or staff member in your area is in need of non-emergency work- related medical attention you should contact Human Resources at 918-781- 7277.

If a student in your area is in need of non-emergency medical attention, students should seek their own physician – – Bacone College will assist them to ensure they receive help. We can alert the EMS system or provide cab fare to get to the nearest suitable medical facility. We can make sure parents or guardians are called.

All Other Emergencies

Dial 918-360-5814 – 24 hours a day to notify Campus Police. You MUST call this number AFTER calling 9-1-1.

DISCIPLINARY ACTIONS OTHER THAN TERMINATION

All employees are expected to meet Bacone’s standards of work performance. Work performance encompasses many factors, including attendance, punctuality, personal conduct, job proficiency, and general compliance with Bacone’s policies and procedures.

If an employee does not meet these standards, Bacone College may, under appropriate circumstances, take corrective action other than immediate dismissal. Corrective action intends to formally document problems while providing the employee with a reasonable time to improve performance. The process is designed to remediate the issue through counseling and/or training, which will be documented in the employee’s personnel file.

Verbal Warning

Supervisor will meet with the employee and document the reason for the warning, the date, time, and who was present.

Written Warnings

The Supervisor should discuss the problem and present a written warning to the employee in the presence of the Human Resources Representative. The written warning will identify the problem and outline a course of corrective action within a specific time frame. The employee will acknowledge receipt of the warning in writing and include any additional comments before signing it. A record of the discussion and the employee’s comments will be placed in the employee’s personnel file. Employees who have had formal written warnings are not eligible for salary increases, bonus awards, promotions, or transfers during the warning period.

If the employee does not comply with the corrective action in the specific time frame, the employee will be subject to disciplinary action, including termination of employment.

SEPARATION OF EMPLOYMENT POLICIES

Voluntary Terminations

A voluntary termination of employment occurs when an employee submits a written or verbal notice of resignation, including intent to retire, to his or her supervisor or when an employee is absent from work for three consecutive workdays and fails to contact his or her supervisor (job abandonment).

Employees voluntarily terminating their employment with Bacone College shall:

1. When possible, provide a minimum of two weeks’ notice of their intention to separate employment. The employee should provide a written resignation notification to their manager.
2. Upon receipt of an employee’s resignation, the manager will notify the human resource department by sending a copy of the resignation letter and any other pertinent information (e.g., employee’s reason for leaving, last day of work).
3. The human resource department will coordinate the employee’s departure from the company. This process will include the employee’s returning all company property, including but not limited to all documents, cell phone, office equipment, and laptop; a review of the employee’s post-termination benefits status and the employee’s completion of an exit interview.

Involuntary Terminations

An involuntary termination of employment, including a layoff of over 30 days, is a management-initiated dismissal with or without cause.

Supervisors may recommend the termination of an employee; however, only the President and Human Resources Director are authorized to terminate an employee.

Valid reasons for termination may include, but are not limited to:

• Unsatisfactory job performance
• Repeated absences without notification
• Excessive tardiness
• Failure by hourly paid employees to record their in and out times
• Leaving the job without the supervisor’s permission
• Failure to observe College regulations
• Abuse of College sick leave
• Repeated use of obscene language
• Misuse of Bacone College resources, including but not limited to email, phone, computer, and vehicles
• Unethical, indecent, or inappropriate conduct
• Malicious gossip, slander, or disparaging of other employees Insubordination

Immediate Terminations

Any employee whose conduct, actions, or performance violates or conflicts with Bacone’s policies may be terminated immediately and without warning.

Causes for immediate termination include, but are not limited to the following:

• Substance abuse or the use, possession, manufacture, or distribution of illegal drugs on Bacone College property
• Theft or malicious damage to Bacone College property or physical abuse to another employee
• Insubordination
• Creating a hostile work environment
• Endangering the health and/or safety of others
• Assault
• Sexual harassment
• Falsification of records, including employment records
• Abandonment of job or three consecutive unexcused or unauthorized absences

This list is intended to be representative of the types of activities that may result in disciplinary action. It is not exhaustive, is not meant to be comprehensive, and does not change the employment-at-will relationship between employees and Bacone. A written record of the termination should be made in the employee’s personnel file in all cases.

Final Pay

An employee who resigns or is discharged will be paid through the last day of work, plus any unused paid time off (PTO), less outstanding loans, advances, or other agreements the employee may have with the company, in compliance with state laws.

Health Insurance

Medical, dental and vision insurance coverage terminates on the last day of the month the employee separates employment or is terminated. An employee will be required to pay his or her share of insurance premiums through the end of the month. Information about COBRA continuation coverage will be provided.

Return of Property

Employees must return all College property at the time of separation, including but not limited to all documents, uniforms, cellphones, keys, laptops, and identification cards. Destruction of any physical or digital College property could result in legal action. Failure to return some items may result in deductions from the employee’s final paycheck where state law allows. An employee may be required to sign a wage deduction authorization to deduct the costs of such items from the final paycheck. In some circumstances, Bacone College may pursue criminal charges for failure to return company property.

CHANGES TO THIS HANDBOOK

Bacone College reserves the right to change or amend these policies as needed.

EMPLOYEE HANDBOOK ACKNOWLEDGMENT

I acknowledge that I have received a copy of Bacone’s Employee Handbook. I have read and understood the contents of this Handbook, including the statements in the foreword describing the purpose and effect of the Handbook, and will act in accordance with these policies and procedures as a condition of my employment with Bacone College.

I agree that if there is any policy or provision in the Handbook that I do not understand, I will seek clarification from the Human Resources Department. I understand that Bacone College is an ‘at- will’ employer. Employment with Bacone is not for a fixed term or definite period and may be terminated at the will of either party, with or without cause, and without prior notice.

No Supervisor or other representative except the President or Board of Trustees has the authority to enter into any employment agreement for any specified time or make any agreement contrary to the above. In addition, I understand that this Handbook states Bacone’s policies and practices in effect on the date of publication, but also that Bacone has the right to modify or remove policies and practices without notice.

I understand that nothing contained in the Handbook is creating a promise of future benefits or a binding contract with Bacone for benefits or any other purpose. I also understand that these policies and procedures are continually evaluated and may be amended, modified, or terminated at any time.

______________________________________________________________
Employee Signature

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Date