|Faculty and Staff Home > Employee Handbook > 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)|
|Durham Technical Community College's Appropriate Use of Computing Resources Policy can be found in Section V-2 under Computer Software.|
BackgroundDurham Technical Community College makes it a priority to use data and information to inform and direct policies and address needs, measure outcomes and performance, and communicate information about the college internally and externally. Research, Evaluation, Assessment, and Planning staff and Information Technology Services staff collaborate to compile, analyze, and report college data. College employees may use available data and request additional data based on the Appropriate Use of Data Policy and following established procedures.
College employees are expected to access and disseminate data with a focus on providing accurate and timely information that is consistent with relevant state and federal laws. Employees are expected to access, use, and release data in an intentional and controlled manner that permits an appropriate level of disclosure, ensures the timely receipt of accurate data by interested parties, enables accurate and meaningful interpretation and use of the data, and protects the confidentiality of students and individual faculty and staff members. Employees are responsible for using data and information appropriately and for seeking to obtain and use the most accurate and current data/information available.
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.
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.
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.
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:
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.
Durham Technical Community College complies with all state and federal laws relating to the protection of qualified persons with a disability or handicapping condition. The college will make every reasonable effort to insure that college employees who are handicapped by a communicable disease are afforded all the rights and privileges of these laws. However, it is not discriminatory action under North Carolina law to fail to hire, transfer, promote, or discharge a handicapped person because the person has a communicable disease in which the risk of contagion cannot be eliminated by reasonable accommodation.
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.
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.
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:
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:
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.
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.
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.
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:
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.
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.
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
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.)
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:
Durham Technical Community College’s policy is to protect the college and the students, employees, and vendors from damages and losses associated with the compromise of sensitive personal and personally-identifying information. Consistent with this policy as well as to ensure compliance with the Fair and Accurate Credit Transactions Act of 2003 and any related state and federal laws, the college has developed and implemented the Identity Theft and Fraud Prevention Program to identify, detect, and respond to patterns, practices, or specific “red flag” activities that indicate real or potential identity theft and fraud.
Durham Technical Community College’s Intellectual Property policy establishes the ownership of any intellectual property created by a college agent.
Sole Ownership by Agent
An agent of the college retains sole ownership of and all rights to any intellectual property created as traditional academic copyrightable work (e.g., course exams, notes, articles, books) and any work created using his or her own resources and outside any written agreement with the college or a third party. Revenue from intellectual property created under sole ownership conditions shall be owned by the agent.
Co-Ownership by College and Agent
The college and the agent jointly retain co-ownership of any intellectual property created by an agent as a work for hire under any of the following conditions:
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.
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:
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.
Durham Technical Community College does not tolerate sexual harassment in any form and restricts intimate relationships between faculty and staff members and students over whom the college employee has control or influence. The college further prohibits internal interference, coercion, restraint, or reprisal against any student or employee who files a grievance concerning an occurrence of alleged sexual harassment.
Sexual harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature, which is known or should reasonably be known to be unwelcome. Such conduct is usually one-sided and coercive and may be overt or implicit. Depending on such circumstances as severity and pervasiveness, examples may include but are not limited to the following: sexual innuendo; touching or patting; sexually suggestive remarks or other verbal abuse about gender; demands for sexual favors; sexual assault; implicit or actual threats to the recipient or to his/her job; offensive material or language, whether written or visual, such as graffiti or degrading pictures; placing a condition of a sexual nature on employment, rewards, avoidance of corrective action, or opportunities for training, transfers, or promotion; and unwelcomed sexual advances by independent contractors, clients, vendors, or other visitors to the college when such advances are condoned, either explicitly or implicitly, by the college.
Any college employee found in violation of this policy shall be subject to disciplinary action up to and including termination in accordance with the procedure set forth in the Durham Technical Community College Due Process Policy. Any student found in violation of the Sexual Harassment Policy shall be subject to disciplinary action up to and including suspension or expulsion from the college. In an effort to prevent sexual harassment from occurring at the institution, it is the college’s policy to encourage the reporting of any incidents of sexual harassment and to provide a just procedure for the presentation, consideration, and disposition of sexual harassment grievances. Employees should report incidents of sexual harassment to their immediate Supervisor, the Title IX Coordinator, the Affirmative Action Officer, or the Human Resources Director. Students should report incidents to the Vice President of Student Learning, Development, and Support; the Title IX Coordinator; the Affirmative Action Officer; or the appropriate Program Director or Academic Dean.
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.
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.
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.
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.
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.
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:
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 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.
The college establishes and follows procedures for receiving and considering requests from internal and/or external researchers seeking Durham Technical Community College students and/or employees to participate in data collection and analysis. Any student or employee participation in research will be on a voluntary-basis only. Those making requests to conduct research using the college’s students and/or employees are responsible for ensuring the rights and welfare of human subjects in the research and providing prospective participants with legally effective informed consent.
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.
It is the responsibility of all employees to report unlawful or inappropriate actions or misconduct. The college is committed to protecting employees who report another employee’s unlawful or inappropriate actions or misconduct. The college has established and follows internal procedures for enabling faculty and staff to make such reports with protection from retaliation, harassment, or adverse employment consequences as a result of a report made following this procedure.
If any faculty or staff member reasonably believes that a college employee has acted unlawfully or inappropriately, the employee must make an oral or written report or complaint as detailed in this procedure. The Whistleblower Policy protection applies to employees that follow this reporting procedure. Employees who do not follow the procedure set forth for this policy may obstruct the college’s ability to conduct a thorough investigation of the complaint or report and may hamper the college’s ability to protect the employee making the complaint or report.
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.
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.
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