|Faculty and Staff Home > Employee Handbook > Section IV-2: General Policies and Procedures|
|Section IV-2: General Policies and Procedures|
|Appropriate Use of Computing Resources Policy||Grievance Procedure (see Section III2)|
|Identity Theft and Fraud Prevention|
|Background Checks and Drug Testing Policy||Intellectual Property Policy|
|Communicable and Infectious Diseases||Political Activities of Employees|
|Concealed Handgun Policy|
|Conflict of Interest Policy|
|Due Process Policy (see Section III2)||Travel Reimbursement Policy|
|Electronic Signature Policy||Use of Human Subjects in Research Policy|
|Employee Photo Identification/Key Card||Use of Campus Facilities (see Section V)|
|Appropriate Use of Computing Resources Policy|
|Durham Technical Community College's Appropriate Use of Computing Resources Policy can be found in Section V-2 under Computer Software.|
|Appropriate Use of Data Policy|
|Background Checks and Drug Testing Policy|
If an applicant’s or employee’s history indicates that he or she poses a threat to the physical safety of students or personnel, the offer of employment will be withdrawn or employment will be terminated. Other factors that would be considered in the decision for those applicants or for current employees with a criminal history is the nature of the crime and its relationship to the position; the time since the conviction; the number (if more than one) of convictions; and whether hiring, transferring, or promoting the applicant would pose a risk to the college.
Motor vehicle record checks will be conducted for applicants to and periodically for employees in positions requiring routine use of college vehicles, as designated in the job description. Such checks will help assess potential risks of damage to individuals and property. Applicants may not be offered employment and employees may be reassigned or discharged if the risk of such damage is deemed to be too great based on the applicant’s or employee’s motor vehicle record.
Requirements for Partnering Health Care Facilities
|Communicable and Infectious Diseases|
Communicable and infectious diseases shall include, but are not limited to, influenza; tuberculosis; conjunctivitis; infectious mononucleosis; acquired immune deficiency syndrome (AIDS); AIDS-related complex (ARC); positive HIV antibody status; hepatitis A, B, and D; meningitis; and sexually transmitted diseases.
Employees who may become infected with a communicable or infectious disease, including HIV and AIDS, will not be excluded from employment or restricted in their access to college services or facilities, unless medically-based judgment in an individual case determines that exclusion or restriction is necessary for the welfare and safety of members of the college community.
Individuals who know or have a reasonable basis for believing they have a communicable disease are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly to prevent the spread of communicable disease in accordance with the control measures prescribed by the N.C. Commission for Health Services, pursuant to Chapter 130A-144 of the N.C. General Statutes.
The college shall maintain strict confidentiality for any employee with a communicable or an infectious disease.
Individuals who have a communicable disease are encouraged to voluntarily share that information with their supervisor so the college can ascertain the appropriate response to their health needs, including any reasonable accommodations they may be entitled to by law. Additionally, individuals who pose a significant risk of transmitting an infectious disease that would cause harm to others are required to disclose such information. If information regarding an individual’s communicable disease is shared with a college official, it shall remain confidential in accordance with applicable laws that protect the privacy of individuals who have communicable diseases and information will be disclosed only to responsible college officials, as necessary, on a strictly limited, need-to-know basis, unless the individual consents in writing to other releases of information.
Should influenza reach a pandemic stage, the President or President's designee shall regularly monitor the situation by communicating with local and state health officials and by reviewing media sources. Should influenza reach a pandemic level in a county contiguous to Durham or Orange counties, the President or President's designee will provide information to students and employees about preventing the spread of the pandemic flu. Should influenza reach a pandemic level within the college's service area of Durham and Orange counties, the President or President's designee will consult with local health officials and the President may make the decision to close the college temporarily if that action is considered to be in the best interest of the college and the communities served. Employees who are diagnosed by a health care provider to have a confirmed case of pandemic illness should contact their Division Head. Students should contact the college's Executive Dean, Student Development and Support.
|Concealed Handgun Policy|
|All weapons, including concealed firearms with permits, are prohibited on all of the college’s campuses. The Durham County Board of Commissioners adopted the following policy on January 10, 1994: The possession or display of any weapon, the concealment of which is prohibited by N.C. General Statute 14-269, on county property or by individuals under the influence of intoxicating drink or illegal drugs and the display of said weapons in certain other places or areas herein defined as “public” are hereby declared to be acts detrimental to the health, safety, and welfare of its citizens and the peace and dignity of the county and are hereby prohibited.|
|Conflict of Interest Policy|
|It is the policy of Durham Technical Community College’s
Board of Trustees and a lawful directive of the President that
all college employees are to avoid conflicts of interest in accordance
with the provisions of N.C. General Statutes sections 115D-26
and 14-234. In accordance with this Conflict of Interest Policy,
employees are expected to act in the best interests of the college
and shall strive to meet the highest standards of integrity and
ethical behavior in order to uphold a standard of conduct that
engenders public trust in the college and that protects the college’s
reputation and financial well-being.
Definitions Related to the Conflict
of Interest Policy
Financial Consideration: A financial consideration involves the employee’s receipt of anything of monetary value, including but not limited to the following:
Personal Consideration: A personal consideration involves any personal interest or affiliation.
Immediate Family: An employee’s immediate family shall include the employee’s spouse or domestic partner, parents, children, sisters, and/or brothers. These relationships include the employee’s biological, adopted, step, half, and in-law relations.
Extended Family: An employee’s extended family shall include the employee’s aunts, uncles, grandparents, cousins, nieces, and nephews. These relationships include the employee’s biological, adopted, step, half, and in-law relations.
Specifically Prohibited Conduct
Employees shall neither solicit nor receive any gift, reward, gratuity, favor, promise, or anything of monetary value in exchange for recommending, influencing, or attempting to influence any college activity, including but not limited to selecting, awarding, or administering a contract or purchase order or any decision of the college administration.
Employees shall not participate in selecting, awarding, or administering any purchase or contract on behalf of the college where, to the employee’s knowledge or information, any of the following has a financial or personal interest in said purchase or contract:
Conflict of Interest Procedure
The President, in his sole discretion, shall determine whether a true conflict of interest exists.
If the President determines that a conflict of interest exists, the interested employee(s) shall not participate in any activity, including but not limited to selecting, awarding, or administering a contract or purchase order, to whom the conflict of interest involves.
It is the personal responsibility of all employees to comply with the provisions of this Conflict of Interest Policy. If it is determined by the President that an employee has violated this policy, the President, in his sole discretion, shall determine the appropriate disciplinary action, up to and including termination, for the employee’s violation.
If the employee is not satisfied with the decision of the President regarding the existence of a conflict of interest, the employee may request a review by the Grievance Pool. The Grievance Pool shall notify the employee in writing, by a letter mailed to the employee’s residential address on record with the college via certified mail, return receipt requested, of the specific date, time, and place of a hearing, together with a statement of the process to be used by the employee in presenting evidence at the hearing. The hearing date shall be scheduled as soon as it is practically possible. Within seven days following the hearing, the Grievance Pool shall notify the employee in writing, by a letter mailed to the employee’s residential address on record with the college via certified mail, return receipt requested, of the Grievance Pool’s decision.
|Electronic Signature Policy|
In an effort to increase efficiency and ensure secure processes when faculty, staff, and student signatures are required, the college allows electronic signatures to be used when certain conditions are met and related procedures are followed.
Definitions Related to Electronic Signature
It is the responsibility and obligation of individuals to keep their log-in ID or PIN and password private so others cannot access and use their credentials. This is further explained in Section I-23.10.5: Access Account Guidelines of the Administrative Procedures Manual.
|Employee Photo Identification/Key Card|
In an effort to ensure a safe and welcoming learning environment, the college seeks to increase recognition and visibility of faculty and staff as well as prepare for implementation of keyless/card key entry into college buildings and rooms.
(See also Keys and Keyless Entry in Section V-2.)
|Identity Theft and Fraud Prevention|
The United States Congress passed the Fair and Accurate Credit Transactions Act of 2003 (FACTA) in response to increasing threats and instances of identity theft and fraud. This amendment to the Fair Credit Reporting Act charged the Federal Trade Commission with promulgating rules regarding identity theft and fraud. These regulations, known as “red flag” rules, require any financial institution or creditor that holds any type of consumer account or other covered account for which a potential risk of identity theft or fraud exists to create and implement a written Identity Theft and Fraud Prevention Program to address the potential for identity theft and fraud associated with new and existing accounts.
The purpose of the Identity Theft and Fraud Prevention Program is to detect, prevent, and mitigate damage to the college and to protect its students, employees, and vendors from damages and losses associated with the compromise of sensitive personal and personally-identifying information. The Identity Theft and Fraud Prevention Program is appropriate to the size and complexity of the college and the nature and scope of the college’s activities. The program includes reasonable regulations and procedures to address the following:
|Intellectual Property Policy|
Durham Technical Community College’s Intellectual Property policy establishes the ownership of any intellectual property created by a college agent.
Sole Ownership by Agent
Co-Ownership by College and Agent
The college retains the right to use any intellectual property jointly owned by the agent and the college.
Revenue realized from iIntellectual property created under co-ownership conditions must be disclosed to the division head of the agent’s primary work assignment with the college. In such cases, revenue of $5,000 per year or less shall be owned the agent. Revenue in excess of $5,000 per year realized from intellectual property created under co-ownership conditions shall be divided between the college and the agent under the following formula:
Ownership by the College
Revenue realized from intellectual property created under college ownership conditions as a work for hire must be disclosed to the division head of the agent’s primary work assignment with the college, and all proceeds shall remain with the college.
|Political Activities of Employees|
|Definitions Related to Political
Activities of Employees
Public office refers to any national, state, or local governmental position of public trust and responsibility, whether elective or appointive, that is created or prescribed or recognized by constitution, statute, or ordinance. Membership in the General Assembly is a full-time public office under this rule.
Each Durham Technical Community College employee retains all rights and obligations of citizenship provided in the laws of North Carolina, of the Constitution, and of the United States. Therefore, employees are encouraged to exercise those rights and obligations of citizenship, subject to the following provisions:
|Sexual Harassment Policy|
Durham Technical Community College endeavors to create and sustain a positive, responsive, and safe learning environment and workplace. To do so, the college has established a policy that defines “sexual harassment,” prohibits behaviors that constitute sexual harassment, and details the procedure for students and employees to follow in reporting allegations of sexual harassment.
Further, while the college recognizes that consenting adults should be free to enter into relationships with other consenting adults without restriction, the college maintains an interest in limiting circumstances under which the degree of such consent can be called into question. Therefore, a second purpose of this policy is to discourage intimate relationships between college employees and students and to restrict such relationships when the employee may have academic or supervisory control or influence over the student. Such relationships raise the specter of exploitation and/or sexual harassment. A college employee has a responsibility to avoid any appearance of impropriety and/or any apparent or actual conflict between the employee’s professional responsibilities and personal interests in dealings or in relationships with students.
|Travel Reimubursement Policy|
Durham Technical Community College will reimburse college employees and members of the Board of Trustees for travel directly related to college business or operations at the most current rate published in Section V of the North Carolina Office of State Budget and Management’s (OSBM) Budget Manual.
|Tobacco-Free Campus Policy|
Tobacco products may be included in instructional activities in college buildings if the activity is conducted or supervised by the faculty member overseeing the instruction and if the activity does not include smoking, chewing, or otherwise ingesting the tobacco product.
Campus Police and Public Safety officers are responsible for reminding faculty, staff, students, visitors, and contractors about the college’s Tobacco-Free Campus Policy and provide them with a copy of the tobacco-free information card. Officers may ask to see identification for faculty, staff, students, visitors, and contractors and complete an incident report for anyone violating the college’s policy. Copies of incident reports for an employee will be sent to the employee’s direct supervisor and division head for handling through the employee warning and disciplinary process. Copies of incident reports for students will be sent to the appropriate Student Learning, Development, and Support staff for handling through the student warning and disciplinary process.
Employees and students cited for tobacco use will be notified of tobacco-use prevention programs and tobacco-use cessation resources. The five levels of offenses with penalties for tobacco-use on campus are as follows:
Campus Police and Public Safety officers and employees will give a copy of the tobacco-free information card to visitors or contractors using tobacco products on college property and ask them to extinguish cigarettes, cigars, or pipes or to dispose of smokeless tobacco products. If a visitor or contractor refuses to comply with this request, officers and employees may ask the visitor or contractor to leave campus. Contractors will be asked to identify themselves and will be reported to the employee contracting for the outside services. The college employee will contact the company supervisor or manager and communicate in writing the college’ s expectation that contractors adhere to the college’s Tobacco-Free Campus Policy for continued work with the college.
Prevention and Cessation
|Use of Human Subjects in Research Policy|
Durham Technical Community College encourages and supports the scholarly endeavors of students, faculty, and staff of the college, as well as other educational institutions and reputable community organizations. Pursuit of scholarly work and research will often involve the use of human subjects for data collection and analysis. In conducting such research, it is necessary to ensure that the rights and welfare of human subjects used in research studies are protected; that risks have been considered and minimized; that the potential for benefit has been identified and maximized; that all human subjects only volunteer to participate in research after being provided with legally effective informed consent; and that any research is conducted in an ethical manner and in compliance with established standards.
|Whistleblower Research Policy|
Durham Technical Community College expects employees to observe high ethical standards and interact professionally and respectfully with others in the college community. Through this policy and procedure, the college seeks to protect faculty and staff who report concerns about an employee’s unlawful or inappropriate actions or misconduct. The Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns regarding misconduct by employees of the college prior to seeking resolution outside of Durham Technical Community College.
Reporting: Any employee who has a good faith concern regarding the legality or propriety of an employee’s actions or conduct should promptly report the concern to the Director of Human Resources or, if the employee has reason not to make the complaint or report to the Human Resources Director, to a Division Head of the college or to the Senior Vice President. While it is preferred that an employee put the complaint or report in writing, the concern may be made orally to the Human Resources Director (or others as noted if necessary). Oral accounts of an employee’s unlawful or inappropriate actions or misconduct will then be detailed in writing by the person hearing the complaint or report. The employee making the complaint or report will then be asked to review the written report for accuracy and completeness and sign the report to acknowledge that a formal report is being made. If the Director of Human Resources is unresponsive to the written complaint or report or if the complaint or report is related to the Director of Human Resources, the employee should report the inaction or concern to the Senior Vice President.
Retaliation: The college will not harass, take adverse employment action, or retaliate in any manner against any faculty or staff member for reporting in good faith a concern about an employee’s unlawful or inappropriate actions or misconduct. The President will impose disciplinary measures up to and including termination against any employee who harasses or retaliates in any manner against an employee who follows this procedure for making a good faith report of concerns.
Investigation: The college will investigate these reports promptly and as discreetly as possible. At the discretion of the President and/or other college administrators, such investigations may be carried out internally (such as through the Human Resources Director, Title IX Officer, Affirmative Action Officer, or Campus Police Officer) or externally. While the college cannot ensure complete confidentiality in conducting a thorough investigation, the college will take reasonable measures to maintain the anonymity of the person making the complaint or report.
Findings of unlawful or inappropriate actions or misconduct will be reported immediately to the President (or to the Board of Trustees through the college’s Ethics Liaison if the concern is related to the President) for taking immediate corrective action and reporting to the Board of Trustees. Should an investigation provide reasonable evidence that the allegation was unfounded and made for malicious purposes, the employee making the false allegation may be subject to disciplinary action up to and including termination.
Durham Technical Community College