Faculty & Staff Handbook Chapter 4 Rights and Responsibilties

All faculty members (full-time and associate) are entitled to academic freedom and bear a concomitant dedication to academic responsibility. (The faculty subscribes to the principles expressed in the Statement of Academic Freedom and Responsibility adopted February 19, 1982, by the Texas Junior College Teachers’ Association, the text of which is appended to and made an integral part of this document.) See Appendix B.

Moreover, all faculty members enjoy the constitutional freedoms guaranteed to all citizens by the United States’ Constitution and the Constitution of the State of Texas. In the classroom, teaching faculty members have the freedom to discuss any controversial matter and to voice opinions within areas of their professional competence. At the same time, they have an obligation to acquaint students with other scholarly opinions on the subject. Outside the classroom, faculty members are free from institutional censorship or discipline for exercising their rights as private citizens to express themselves freely on matters of public concern, to associate with persons or groups as they so choose and to participate in political or other kinds of activities. When faculty and support staff speak or write as private citizens, however, they must bear in mind that their actions will inevitably be judged by the public and reflect upon their profession and institution. Thus, faculty and support staff should strive for accuracy, exercise appropriate restraint, exhibit tolerance for differing opinions and indicate clearly that they are not an official spokesperson for the college.

The college accepts the responsibility to foster and to encourage faculty and support staff to exercise their freedoms and to protect against acts which deny freedom of speech, and the related freedoms to be heard, to study, to teach, to administer and to pursue scholarly activity.

Faculty members acknowledge their responsibility to maintain professional competence in their fields of specialization and to be committed to effective teaching and student service.

4.2 Code of Ethics

Professional educators affirm the inherent worth and dignity of all persons to learn. Learning best occurs in an environment devoted to the pursuit of truth, excellence and liberty. These traits flourish where both freedom and responsibility are esteemed.

In order to more adequately express the affirmation of our professional responsibilities, we the faculty and staff of CCCC do adopt the following Code of Professional Ethics:

Treat all persons with respect, dignity and justice, discriminating against no one on any arbitrary bases such as race, national origin, religion, sex, age, color, disability or veteran status.
Strive to help each student realize his or her full potential as a scholar and as a human being.
Exercise good judgment so as not to abuse his or her position of authority.
Encourage and defend, by example and action, the unfettered pursuit of truth by both colleagues and students, supporting the free exchange of ideas, observing the highest standard of academic honesty and integrity, and seeking always an attitude of scholarly objectivity and tolerance of other view points.
Maintain competence through continued professional development, demonstrate that competence through consistently adequate preparation and performance, and seek to enhance that competence by accepting and appropriating constructive criticism and evaluation.
Exercise the highest professional standards in the use of time and resources and use neither professional time, professional facilities, nor privilege of professional position for personal profit.
Support the right of all colleagues to academic freedom and due process.

4.3 Conflict of Interest

Purpose

The purpose of this policy statement is to establish standards and rules, which acknowledge the importance of professional development of employees by means of outside employment, consulting and other professional activities. Increased competence, recognition and hands-on experience of each employee can clearly prove beneficial to the college, and are therefore encouraged.

At the same time, the purpose of this policy is to ensure that each employee exercises the highest standards of integrity and personal conduct in relation to college resources, time and privilege of position as an employee.

Policy

The following policies govern the conduct of CCCC employees in regard to outside employment, consulting, professional activity and use of college resources.

Full-time employment by CCCC involves the commitment of the individual’s professional time, energy and primary loyalty to the college. Consulting, professional activities, or other outside employment must not impair the individual’s ability to fulfill his/her duties at the college.
Outside employment of any full-time or part-time employee must not involve conflict with the individual’s obligation to CCCC or with the objectives of the college. Employees must avoid conflict of interest in all instances of outside employment and consulting.
A full-time or associate teaching faculty member of CCCC will not accept a student as a client during a semester in which the student is enrolled in his/her class. The dean of the teaching faculty member may grant an exception, in writing, for a specific instance. This written exception should remain on file in the Human Resources Office.
Full-time and associate teaching faculty shall not advertise their services while instructing students or while performing other duties as a faculty member.
An employee will use CCCC resources to support the educational and administrative objectives of the college. An employee will not use or rent CCCC facilities, secretarial assistance, office supplies and equipment, and other CCCC resources for personal gain or benefit unless stated as allowable elsewhere in written policy: such use of CCCC resources for personal gain or benefit is a violation of college policy and state law. The district cannot spend public monies for private purposes. Examples of this include charitable or political contributions, greeting cards (get well, birthday, and Christmas), birthday cakes, flowers for sickness or deaths, etc. This would also prohibit use of college printers and paper for social invitations and use of college work-time to plan, decorate and serve at social events such as a shower, going away/retirement parties and other social events.
CCCC recognizes that certain professional activities, such as the writing of scholarly articles and books, can be very beneficial to the individual and to the college. Such professional activities are encouraged; however, they are in addition to an employee’s full-time effort expected by the college and are not to be accomplished by using college-paid secretarial assistance.
An employee shall not accept or solicit any gift, favor, service or other benefit that could reasonably be construed to influence the employee’s discharge of assigned duties and responsibilities.
An employee may not solicit, agree to accept or accept an honorarium in consideration for services that the employee would not have been requested to provide but for his/her official position or duties. Thus, for example, an employee may not take a speaker’s fee for speaking in his/her official capacity, or accept a fee or gift for any service that he/she would not have been asked to provide but for the individual’s official position with CCCC. This is a criminal violation of Penal Code Section 36.07 - Class A Misdemeanor. It is permissible to accept food, transportation and lodging in connection with a speech or other service performed in an official capacity which is not reimbursed by CCCC.
An employee shall not have a personal financial interest, a business interest or any other obligation that in any way creates a substantial conflict with the proper discharge of assigned duties and responsibilities or that creates a conflict with the best interest of the college.
An employee who believes he or she has or may have a conflict of interest shall disclose the interest, in writing, to the president or designee, who shall take whatever action is necessary, if any, to ensure that the college’s best interests are protected.

Requests for exceptions to the Conflict of Interest policy must be forwarded in writing, in advance, for review and consideration by the appropriate supervisors and the college president.

4.4 Employment of Relatives

In order to maintain independence of judgment, it is the policy of this college that no person be employed on a regular full-time basis to work in a division or department under the direct or indirect supervision of a relative, or work where the decision and/or recommendation for employment or salary rests with any relative.

The term "relative" is to include the following members of the employee’s or spouse’s family: spouse, parent or grandparent, child or grandchild, brother, sister, aunt, uncle, niece, nephew, or cousin.

This policy applies to all full-time employees and board members, but excludes part-time and temporary employees. Article 5996a, VATS.

4.5 Soliciting on Campus

Unless an employee has received permission from the college president, he/she shall not solicit or sell any product or service on college property or to the college or to the employees of the college during working hours. For more information refer to the Solicitation on Campus Policy in the Board of Trustees Policy Manual.

This policy shall not apply to an employee(s) participating in duly authorized student activities programs or other approved college activities. Duly authorized student activities are those activities approved in advance by the director of student activities. Approved college activities are those activities approved in writing in advance by the appropriate President’s Advisory Council member.

4.6 Solicitation of External
Resources

"Fund raising" is any solicitation of any donation of anything of value from an external source by any officer, employee, agent, or volunteer acting on behalf of and for the benefit of the district or any of its unit or authorized affiliated organizations.

The district recognizes that appropriate gifts and grants of cash, equipment, real property, and other goods and effects are vital to the district’s growth and development and that seeking support from external sources is fully consistent with the district’s mission and purpose.

The Development Office staff is responsible for soliciting and administering external funds for the district. Staff coordinates the identification, cultivation and solicitation of grants and/or gifts from public and private agencies, individuals, corporations and foundations. While each district employee may and should play an important role in the process of expanding external support, such activities must be approved by the director of development and be in compliance with procedures as defined in the Development Policy and Procedures Manual. Development staff will work with employees to create scholarship and excellence funds or to acquire other appropriate gifts.

Through a "Letter of Understanding" between the district and the Collin County Community College District Foundation, Inc., dated November 21, 1989, the foundation has been charged with the rights and responsibilities of assisting the college with the solicitation of external resources. The director of development serves as official liaison with the foundation to assure coordination of all district fund raising activities and objectives.

The foundation has been designated as the official repository for gifts from the private sector which are donated to advance the district’s mission and purpose. Assets administered by the foundation will be utilized exclusively for the benefit of the district to include support for programs, employees and students pursuing stated goals of the district.

4.7 Intellectual Property Rights

The ownership of any scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, or processes developed solely by a faculty or staff member’s individual effort and expense shall vest in that individual and be licensed, if at all, in that person’s name.

The ownership of any scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials and processes produced solely for the college and at college expense shall vest in the college and be licensed, if at all, in its name.

In those instances where scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials and processes are produced by a faculty or staff member with college support, by way of use of significant personnel time, facilities, or other college resources, the ownership of the materials or processes shall vest in (and be licensed by, if at all) the person designated by written agreement between the president and faculty or staff member prior to the production. This agreement shall make provisions for the employee to assign ownership rights to the college, or for a fair and equitable joint ownership, sharing of royalties or reimbursement to the college of its costs and support. In the event no such written agreement exists, the ownership shall vest in the college. There are no properties, which are excluded from these ownership guidelines.

In the case of works created under developmental grants from governmental or foundation sources prescribing ownership rights, the conditions of such grants, rather than this policy, shall govern.

Disclosure of Scientific and Technological Developments

CCCC reserves the right of disclosure of any college-owned scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials and processes.

Those scientific and technological developments which are developed solely by a faculty or staff member’s individual effort and expense will be disclosed at the discretion of that individual. Disclosure to the press, general public, agencies or entities should be made within a twelve-month period after completion of the development. The college president is responsible for final approval, upon recommendation from an ad hoc review task force.

Guidelines and Licensing Responsibilities for Intellectual Property

It is the responsibility of the party(ies) having ownership of the scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials and processes to secure any licenses, copyrights, or patents.

Equity in Management Participation on the Part of the Inventor(s) in Business Entities that Utilize Technology Created at CCCC

Any equity in management participation on the part of the inventor(s) in business entities that utilize technology created at CCCC, will be by agreement between the parties involved, made prior to such utilization.

4.8 Use of CCCC Equipment at
Off-Campus Locations

CCCC employees may use CCCC equipment at off-campus locations, including a personal residence by completing an Equipment Check-out Form in the campus Plant Operations Office prior to removing the equipment from campus.

Copies of the form are maintained by Plant Operations, the employee’s supervisor and the inventory control specialist. When the equipment is returned, it must be checked in on the same form, with a copy to the inventory control specialist to close the file.

If equipment is not returned by the date indicated, the inventory control specialist will notify the supervisor and Plant Operations Office. The supervisor is responsible for ensuring that the equipment is returned and for meeting with the employee relating to violation of college policy.

Failure to return equipment by the stated return date shall be grounds for disciplinary action, up to and including termination of employment.

A faculty member may not use college facilities, secretarial assistance, office supplies and equipment, and other college resources for personal gain or benefit; such use of CCCC resources for personal gain or benefit is a violation of college policy and state law. (see Conflict of Interest, Section 4.3)

4.9 Resolution of Employee
Concerns;

Link to Board Policy on resolution on employee concerns.

4.10 Complaints/Allegations of
Illegal Activities

Persons with complaints or allegations of illegal activities by any college employee must report their concerns in writing immediately to any of the following: their supervisor, the director of safety and security, a human resources representative, the appropriate vice president, president’s advisory council member or the president. All reports will be promptly investigated in conjunction with the college’s legal counsel.

4.11 Weapons on Campus

Weapons including concealed handguns of licensed owners, are not permitted on college property pursuant to Texas Penal Code 46.03(i) and 46.035(a) and 46.035 (a)(b)(z).

4.12 Sexual Harassment Policy

Purpose

It is the policy of CCCC that no member of the college community may sexually harass another. All members of the faculty, staff or student body will be subject to disciplinary action for violation of this policy. Those other persons over whom the college has substantial responsibility are also subject to this policy.

Sexual Harassment Defined

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, or
submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual, or
such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive employment, educational, or living environment.

Legal Implications

Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964. In some cases, sexual harassment may also be subject to prosecution under the criminal law of the state of Texas.

Management and Supervisory Responsibilities

Vice presidents, deans, directors, supervisors and faculty coordinators must take appropriate steps to disseminate this policy statement and to inform faculty, staff members and students about procedures for lodging complaints. Supervisors are required to take prompt and appropriate action in cooperation with Human Resources Office personnel when they learn of an instance of sexual harassment.

Complaint Procedure

Any CCCC employee who has a complaint of sexual harassment or is aware of sexual harassment in the workplace, should notify his/her immediate supervisor or the director of human resources. If the complaint is against the immediate supervisor, the complainant should contact the next management level. A student who has a complaint of sexual harassment should notify the Vice President of Student Development. When the Vice President of Student Development receives a complaint regarding a student’s alleged behavior, the college Student Code of Conduct will be enforced. All students will be afforded due process throughout all college disciplinary proceedings.

Reference: 1 29 C.F.R., Chapter XIV, Section 1604.11(a), Federal Register, Volume 45, Number 219, pp. 74676-74677, November 10, 1980.

Notes

Sexual harassment guidelines under Title VII apply to both females and males.
Sexual harassment guidelines under Title VII apply only to employees. Students who are employees, however, are covered by the guidelines in the same manner as other employees.
All students are covered under this CCCC sexual harassment policy.
Title VII is enforced by the Equal Employment Opportunity Commission.

For further information regarding this policy contact the Human Resources Office or the Vice President of Student Development Office.

Investigation Procedure

The Human Resources Office is point of contact for complaints of sexual harassment against an employee and the Vice President of Student Development Office is the initial contact for complaints of sexual harassment by or against a student.

During the initial meeting with the complainant, information should be gathered such as the date, time, place, nature of the alleged harassment and the names of any witnesses. The complainant should be provided a copy of the grievance procedure and informed about the formal process of filing a complaint and alternative measures of resolution. Examples of alternatives: making the subject of the complaint (respondent) aware of the perceived harassment, having the Vice President of Student Development or the director of human resources meet with the respondent, etc.

If the severity of the charge appears to warrant immediate action, appropriate steps will be taken (with the approval of the president) to protect either the respondent or the complainant, or both. Actions may include, but are not limited to, verbal or written warning, probation, suspension or termination.

Following a charge of sexual harassment, an investigation will be conducted. The investigation will be coordinated by either the director of human resources or the Vice President of Student Development in concert with legal counsel. Efforts will be made to maintain confidentiality of both parties during any investigation. If the initial investigation warrants further action, the respondent will be assured of due process through the opportunity to state his/her case orally in a hearing, or in writing before final action is taken. The president will review the facts and make a final determination in each case.

Retaliation against an individual who complains of sexual harassment will not be tolerated and is a violation of college policy subject to disciplinary action up to and including termination. Sexual harassment claims are serious in nature and potentially very damaging. Therefore, knowingly filing a false claim of sexual harassment against a supervisor, faculty member, student or any other employee shall be grounds for disciplinary action, up to and including discharge.

4.13 Drug Free Work Place

It is the goal of CCCC to maintain a drug-free work place. Because it is unlawful to manufacture, distribute, dispense, possess or use a controlled substance, these activities are prohibited on the campuses of CCCC.

Employees who are experiencing problems with drug misuse of any sort, from hard street drugs to prescriptions, should contact the manager of benefits and employee relations for information on assistance programs. All inquiries are confidential.

Compliance with these requirements and prohibitions is mandatory and is a condition of employment. As a further condition of employment, an employee shall notify the president in writing of any criminal drug statute conviction the employee incurs for a violation in a work place no later than five days after such conviction.

Within 30 calendar days of the president receiving notice from any source of a drug statute violation occurring in the work place, the president or his designee shall either (1) take appropriate personnel action against the employee, up to and including termination of employment or referral for prosecution; or (2) require the employee to participate satisfactorily in a drug and alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health agency, law enforcement agency or other appropriate agency. The cost of any such program shall be borne by the employee.

4.14 Mandatory Drug/Alcohol
Testing Policy

In compliance with the federal Department of Transportation’s Omnibus Transportation Employee Testing Act of 1991, CCCC requires that all college employees, who drive a college vehicle designed to transport the driver and fifteen (15) or more passengers and which requires a commercial driver's license, be tested for drug/alcohol use as follows:

A. Pre-employment Testing: Prior to the first time a covered employee performs a DOT defined safety-sensitive function for CCCC, such as driving the college bus, the employee shall be tested for alcohol and controlled substances.

B. Random Testing: CCCC’s drug/alcohol testing contactor is required to conduct random tests for alcohol and controlled substances. The selection of drivers for random alcohol and controlled substances testing is made by a scientifically valid method in which each covered employee has an equal chance of being tested each time selections are made.

C. Post-accident Testing: It is the responsibility of any employee, as soon as practicable, but in no case later than six (6) hours following an accident involving a commercial vehicle, to be tested for alcohol and/or controlled substances, if:

he/she was performing a safety-sensitive function with respect to the vehicle and the accident involved the loss of human life; or
he/she receives citation under State or local law for a moving traffic violation arising from the accident.

All testing must be performed by a laboratory certified by and accepted under Department of Transportation guidelines and regulations. Covered CCCC employees are provided with the name, telephone number and address of the college’s approved drug/alcohol testing contractor.

D. Reasonable Suspicion Testing: CCCC requires a covered employee to submit to an alcohol/controlled substance test when reasonable suspicion exists that the employee has violated the prohibitions of the Department of Transportation rules concerning the use of alcohol/controlled substance.

Consequences

In the event that a violation of this policy or related college procedures is confirmed, the employee will not be permitted to perform any safety-sensitive duty until he/she is cleared and in compliance with program guidelines. Violation of this policy or related college procedures will also result in disciplinary action, as outlined in college policy, which may include termination of employment.

Additional Information

For additional information regarding this policy, procedures or the relevant law, please contact the Human Resources Office.

4.15 Tobacco Free Workplace

CCCC prohibits smoking and the use of tobacco products in all college buildings. Violators of this policy may be subject to disciplinary action, including, but not limited to, termination of employment. Employees seeking assistance or related educational materials should contact the Human Resources Office.

4.16 AIDS Policy

This policy applies to all students, faculty and staff.

Purpose

To prevent the spread of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) on campus, CCCC must provide a safe educational and working environment and conduct efforts to limit the spread elsewhere by providing education to our students and employees.

Policy

CCCC is concerned with the growing numbers of HIV/AIDS cases throughout the country. Every effort needs to be made to ensure the rights and well-being of the individual, but it is equally important to safeguard the community as a whole. In the instances in which a member of the college community has tested HIV positive or diagnosed with AIDS, the college will consider all obtainable facts, medical information and legal advice in determining the appropriate course of action to take. All situations will be reviewed on a case-by-case basis considering any recent legislation or health reports. This policy has been developed to provide a fair and equitable method of responding to AIDS within the CCCC.

Definition

AIDS is an acronym for Acquired Immune Deficiency Syndrome. The disease is caused by the human immunodeficiency virus. AIDS is characterized by a loss in an individual's natural immunity against disease. Loss of the immune response allows an individual to be vulnerable to diseases that would normally not be life threatening to a person. These diseases are called opportunistic infections and can be fatal to individuals with HIV/AIDS. HIV infection also causes individuals to develop the same chronic symptoms associated with AIDS. AIDS can be fatal. In this policy, the term AIDS will refer to AIDS and HIV infections.

Student and Employee Rights

Students, faculty and staff of CCCC identified as having HIV/AIDS will not be barred from working, teaching, attending classes or participating in college sponsored activities unless it is determined that he/she presents a clear and present danger to the public's health. All decisions will be made on a case-by-case basis.

Confidentiality

CCCC shall comply with any state and federal laws regarding the confidentiality of educational and medical records of students and staff. Health information about a student or employee is personal and confidential and should be treated as such.

Responsible Behavior

All students or staff with HIV/AIDS are expected to seek expert advice concerning their health circumstances and are obligated legally and ethically to conduct themselves in a responsible and safe manner on campus as a protection to the college community.

Available Information

CCCC has adopted the HIV/AIDS Model Workplace Guidelines approved by the Texas Department of Health (TDH). These guidelines, the college's AIDS policy and a brochure entitled "AIDS, the Workplace" are available upon request from the Human Resources Office. Confidentiality of these requests will be honored.