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)

Appropriate Use of Data Policy

Identity Theft and Fraud Prevention
Background Checks in Employment and Placement Decisions Policy Intellectual Property Policy
Background Checks and Drug Testing Political Activities of Employees
Communicable and Infectious Diseases

Sexual Harassment Policy

Concealed Handgun Policy

Tobacco-Free Campus Policy

Conflict of Interest Policy Travel Reimbursement Policy
Due Process Policy (see Section III2) Use of Human Subjects in Research Policy
Electronic Signature Policy Use of Campus Facilities (see Section V)
Employee Photo Identification/Key Card Whistleblower Policy

Background Checks and Drug Testing

Purpose

Durham Technical Community College seeks to maintain a safe and welcoming learning and work environment on the college’s campuses, as well as in clinical and off-site instructional settings. To ensure safety as well as to meet the requirements of some outside agencies for specific programs of study, the college may require that a background check and (or) drug testing be completed and, further, may require completion of a satisfactory criminal background check, credit and bonding check, and (or) drug testing  as a condition of employment. The college may also require an employee to complete drug or alcohol testing when there is reasonable suspicion that the employee is under the influence while in the workplace or while carrying out duties on behalf of the college.

Policy

To maintain a safe work and learning environment and, in some cases, to determine employability, Durham Technical Community College may conduct a criminal background check that could also include major motor vehicle infractions and National Sex Offender Registry review, a credit or bonding check, and drug testing as a part of the employment process. In addition, such checks and testing may be required to determine continued employability to ensure a safe environment and (or) to meet the specific requirements of accrediting agencies, instructional training sites, corporate clients, and grantors. The college may also require drug or alcohol testing when there is reasonable suspicion that an employee is under the influence while in the workplace or while carrying out duties on behalf of the college.

Procedure

When the college determines there is a need for completing a criminal background check, credit and bonding check, and (or) drug testing for employing certain positions and (or) for determining continued employment, internal and external applicants and current employees will be required to sign a consent form authorizing the criminal background check, credit and bonding check, and (or) drug testing for the type of position, outside agency requirements, business necessity, and applicable federal and state laws. An applicant’s or employee’s refusal to consent to these requirements could result in the applicant not being further considered for a position or an employee being reassigned to another position or terminated.

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.
The applicant or employee will be given the opportunity to review the criminal background check and the credit and bonding checks report and submit an explanation of the findings. If an applicant or employee is found to have falsified or withheld any information regarding conviction history or bonding ability, the applicant will no longer be considered for employment or the offer of employment will be withdrawn and the employee may be immediately terminated.

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

Durham Technical Community College requires criminal background checks (CBC), Office of the Inspector General Reviews (OIG), and drug testing of students, faculty, and staff in programs that involve clinical or internship placements at health care facilities requiring them. Accordingly, completion of the CBC, OIG Review, and submission of a negative 12-panel urine drug screen report from a National Institute of Drug Abuse-approved laboratory is required prior to the first assignment of a faculty or staff member or of a student at any health care facility partner as follows:

  1. The required drug testing shall be conducted on a pre-employment/pre-assignment basis and, depending on the partnering facility’s requirements, may be recurring upon annual employee contract renewal. 
  2. An employee’s refusal to sign either an Acknowledgement, Consent, and Agreement to Comply Form or a Chain of Custody Form will result in the employee’s being unable to participate in the program and may also be treated as a voluntary resignation from employment or as a basis for termination by the college.
  3. Clinical partnership positions made available to faculty are contingent upon the results of these screenings, and submitting a negative drug and screening report will be a requirement prior to the start of clinical courses.
  4. Positive CBC and OIG Review results will be evaluated on a case-by-case basis.  In addition, employees must immediately self-report (to the college’s Human Resources Director) any subsequent charges/involvement in criminal or fraudulent activity that would violate CBC or OIG standards. Failure to self-report will result in appropriate action being taken, up to and including termination of employment.
  5. A confirmed positive or inconclusive drug test result, validated by the medical review officer, will result in the employee being removed from the clinical agency and may result in disciplinary action up to and including termination of employment.
  6. For full-time faculty, Durham Tech shall pay the cost of the CBC, OIG Review, and drug tests, including initial and confirmation. The full-time faculty member shall pay the costs of any additional screenings, drug tests which are not required, or specimen retest.
  7. Screening and test results will be confidential, with disclosure of results provided only to approved personnel.  Durham Tech shall maintain these records separately from the employee’s personnel file and in a separate confidential screening/drug test results file.
  8. Durham Tech may offer an Employee Assistance Program to employees and their immediate family members in appropriate cases and encourage the use of these services if needed.

The policy language and procedures specifically associated with background checks in this section are no longer active.  For current information about backgrounds checks, consult the college’s policy and procedure Use of Background Checks in Employment and Placement Decisions.

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

Conflict of Interest: A conflict of interest relates to a financial or other personal consideration that has the potential to or the appearance of compromising the employee’s objectivity in meeting his/her duties or responsibilities as an employee.

Financial Consideration: A financial consideration involves the employee’s receipt of anything of monetary value, including but not limited to the following:

  • Payments for services by companies with which the college may do business (e.g. consulting fees and salary); and
  • Equity interests involving companies with which the college may do business (e.g. stocks, stock options, ownership interests, patents, copyrights, and royalties).

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 are prohibited from using their job title, the college's name, and/or the college’s property for private profit or benefit.

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:

  • The employee;
  • A member of the employee’s immediate family, extended family, or household;
  • An organization in which the employee or a member of his/her immediate family, extended family, or household is an officer, director, or employee;
  • A person or organization with whom the employee or a member of his/her immediate family, extended family, or household is negotiating employment or has any arrangement concerning prospective employment; or
  • A friend of the employee.

Conflict of Interest Procedure

Employees shall disclose any potential conflict of interest to the President’s Council. Upon receipt of notice of a potential conflict of interest, the President’s Council shall make a recommendation to the President regarding whether a conflict of interest exists and if so, how the employee(s) shall be disciplined.

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

Purpose

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.

Policy

Durham Technical Community College recognizes an electronic signature as a valid signature from faculty, staff, and students. This policy and related processes and procedures are in addition to all applicable federal and state statutes, policies, guidelines, and standards.

Definitions Related to Electronic Signature

An electronic signature is defined as any electronic process signifying approval to the terms and/or ensuring the integrity of a document presented in an electronic format.

Procedure

Use of the employee log-in identification (ID) and student personal identification number (PIN) and/or campus network username and password are required as follows:

  • College provides the employee or student with a unique username and log-in ID or PIN;
  • Employee or student sets his/her own password;
  • Employee or student logs into a secure site using both the username and log-in ID or PIN or logs into the campus network using the username and password.

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

Purpose

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.

Policy

All Durham Technical Community College employees will display a college-issued photo identification/key card at all times while on duty at on-campus and off-campus locations

Procedure

Each employee is to have a college photo identification card made by Campus Police and Public Safety upon their employment with the college. Faculty and staff are to wear their college-issued photo identification/key card at all times while on duty at on-campus and off-campus locations. Employees who lose their identification/key card should report it to Campus Police and Public Safety and have a new one made.

(See also Keys and Keyless Entry in Section V-2.)

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.

Policy

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:

  • Any employee of the college who intends to seek a public office shall so inform the college’s Board of Trustees through the President. The President shall obtain certification from the employee that the employee will not campaign or otherwise engage in political activities during his/her regular work hours or involve the college in political activities.
  • Any employee of the college who is elected to a part-time public office shall either certify through the President to the college’s Board of Trustees that the office will not interfere with the carrying out of the duties of the employee’s position with the college or shall request leave without pay.
  • Any employee of the college who is elected or appointed to a full-time public office or to the General Assembly shall take a leave of absence without pay upon assuming that office. The college’s Board of Trustees, on an office-by-office basis, shall determine the length of the employee's leave of absence.
  • Any employee of the college who is a candidate for public office is prohibited from soliciting support during his/her regular work hours and from soliciting support on college property except during open forums to which other candidates are also invited.

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

Background

Durham Technical Community College is committed to promoting and providing a safe and healthy environment for its faculty, staff, students, visitors, and contractors. As part of this commitment, the college is adopting a Tobacco-Free Campus Policy effective May 21, 2012. This policy also supports the NC Community College System’s goal of all community colleges in the state having 100 percent tobacco-free campuses by April 2013.

Definitions

For the purposes of this policy, “tobacco products” are defined as cigarettes, cigars, blunts, pipes, chewing tobacco, snuff, and any other items containing or reasonably resembling tobacco or tobacco products. “Tobacco use” includes smoking, chewing, dipping, or any other use of tobacco products. “Tobacco-free campus” refers to any building, facility, grounds, property, or vehicles owned or leased by Durham Technical Community College as well as any spaces where college-sponsored or college-related activities are held, whether on or off campus.

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.

Policy

Employees, students, visitors, and contractors are prohibited from using tobacco products at any time on college property as well as on any spaces where college-sponsored or college-related activities are held, including during non-instructional and non-service hours.

Communication

Signs will be posted to provide notification to faculty, staff, students, visitors, and contractors of the college’s 100 percent Tobacco-Free Campus Policy. The college will also communicate about implementation of the Tobacco-Free Campus Policy through printed information in employee and student handbooks and on the college’s website and through announcements during college-related activities.

Enforcement

All members of the college community are asked to respectfully remind faculty, staff, students, visitors, and contractors who are using tobacco products while on college property about the college’s Tobacco-Free Campus Policy. Information cards will be available for distribution to tobacco users by any member of the college community. The tobacco-free information cards will indicate that the college is a tobacco-free campus, provide notice of actions and penalties for use, and provide information about tobacco-use prevention and cessation resources.

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:

  • First Offense – Written warning;
  • Second Offense – $25 fine;
  • Third Offense  – $50 fine;
  • Fourth Offense – Implementation of a contract with special conditions for faculty or staff and academic misconduct action for students, based on the respective disciplinary process;
  • Additional Offenses – Disciplinary leave and/or termination of employment for faculty or staff and academic misconduct action for students, based on the respective disciplinary process.

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

The college will encourage employees and students to abstain from and/or cease smoking and using tobacco products. Information about tobacco-use prevention and cessation programs will be made available to faculty, staff, and students. Any fines collected as a result of employees and students cited for Tobacco-Free Campus offenses will be used to support wellness activities at the college.

 



Durham Technical Community College
1637 Lawson Street
Durham, NC 27703
919-536-7200

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