Director of Human Resources

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1.01 Disclaimer

The Handbook has been prepared to answer some of the questions you may have concerning the College and its policies. Please read it carefully. The policies stated in this Handbook are subject to change at the sole discretion of the College. From time to time, you may receive updated information concerning changes in policy. Should you have any questions regarding any policies, please ask your supervisor or the human resource office for assistance.

The Handbook and its contents do not constitute an express or implied contract of employment. Unless otherwise provided in an express written contract, employment at the College is at will and may be terminated for any reason, with or without notice, by the College or by you, as an employee. Only the President of the College or his/her designee is authorized to bind the College to a written contract of employment.

In this Handbook, the College has endeavored to provide you with an overview of the policies and procedures that will promote positive employee relations and a productive workplace. Creating an atmosphere where all who come to the College are welcome to work, learn, and serve together requires all of us to demonstrate high levels of courtesy and respect for fellow staff members, faculty, students, community members, visitors, and friends of the College with whom we have contact on a daily basis. It is the expectation of the College that you kept apprised of the policies wherein by reviewing this handbook on the College intranet or inquiring to your supervisor or human resources.

This Handbook is designed to provide information that will make it easier to develop and maintain successful relationships as a member of the McPherson College staff. It provides a general view of the College’s employee benefits, your responsibilities as an employee, and work rules of the College. The Handbook should also help you answer the commonly asked questions about employment at the College. The College reserves the right to interpret, modify, or make exceptions to its policies and procedures at any time, and to terminate existing policies or add new ones as necessary. In the event there is an inconsistency between the handbook and a benefit that is regulated by federal or state laws, the applicable laws and regulations will have precedence. In some cases, such as insurance and retirement plans, benefits provided are governed by lengthy legal documents. Such documents are not included in the Handbook, but they are available upon request from the Human Resource office. In the event of any conflict between the Handbook and the Plan Documents, the Plan Documents control.

March 8th, 2010|Introduction|

1.02 Mission & History

Mission Statement

McPherson College’s mission is to develop whole persons through scholarship, participation, and service.

To accomplish our mission, McPherson College embraces the ideals of scholarship, participation, and service.

Scholarship. All absolute truth is God’s Truth, and humankind must labor diligently in the pursuit of truth we can know; thus, McPherson College upholds the highest standards of academic excellence. Faculty strive to teach students to think critically and independently, to communicate clearly and effectively, to integrate knowledge across the disciplines, and to assess the value conflicts in issues. This is done without coercion, letting the evidence lead the search, and with respect for the consciences and value differences of others.

Participation. Students apply knowledge, practice skills, and deepen and broaden their understanding of themselves and others through active participation in diverse learning experiences. A smaller community requires greater participation from its members. For these reasons, McPherson College is committed to being a small college and to encouraging student participation in a variety of activities.

Service. God’s love is personified in the life of Jesus, who came to serve the world. Through works of peacemaking and compassion, humanity responds to God’s love and becomes an instrument of God’s servanthood in the world. Therefore, McPherson College emphasizes service to others, encouraging all members of its community to give selflessly of themselves to others.

History

Chartered in 1887 by leaders of the Church of the Brethren, McPherson College has a 116-year history of providing excellent liberal arts and career-oriented education shaped by the essential values of its founding denomination. The Church of the Brethren is a Christian denomination founded in Germany in 1708. It accepts the New Testament as the rule of faith and emphasizes the inherent value of all persons, the communal discernment of truth, the necessity of putting faith into action, and the biblical calls to simplicity, nonviolence, nonconformity and transformation through education. Brethren strive to “continue the work of Jesus – peacefully…simply…together”

McPherson College’s programs integrate career guidance and practical experiences into a traditional liberal arts curriculum that upholds the highest standards of academic excellence. Our goal is to help students discern a vocational call consistent with their gifts and interests and to prepare them for a life of meaningful work.

Community is central to McPherson College. We affirm diversity within the community, emphasizing unity and acceptance rather than judgment and rejection. Because we believe that the pursuit of truth is a collective endeavor, and that the point of scholarly learning is to advance the common good, McPherson College aspires to be a healthy community of learning where whole persons nurture and balance their physical, intellectual, and spiritual components; develop and live in respectful, reciprocal relationships with others; and are committed to responsible service to the world.

March 8th, 2010|Introduction|

1.03 McPherson College Nondiscrimination/Equal Employment Opportunity Statement

See ADM 170 McPherson College Nondiscrimination/Equal Employment Opportunity Statement

March 8th, 2010|Introduction|

1.04 Employment At Will

The Handbook and its contents do not constitute an express or implied contract of employment. Unless otherwise provided in an express written contract, employment at the College is at will and may be terminated for any reason, with or without notice, by the College or by you, as an employee. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of McPherson College employees.

Only the President of the College or his/her designee is authorized to bind the College to a written contract of employment.

McPherson College has certain standards of conduct and performance; therefore poor performance or misconduct may result in discipline up to and including termination. This does not constitute at change in the employee-at-will status.

March 8th, 2010|Introduction|

2.01 Personnel Files

The College maintains confidential personnel files on each employee in the Human Resources office.

To ensure personnel files are up-to-date employees are requested to notify the Human Resources office of any change in the following information:

  • Name
  • Address
  • Telephone number
  • Emergency contact
  • Marital status (for college benefits changes)
  • Number of dependents (for college benefits changes)
  • Beneficiary designation
  • Professional or scholastic achievements

Employees may review their file by contacting the Human Resources office. Except where required by law, information contained in an employee’s personnel file will not be released to external sources unless clear, written permission to release specific information is obtained from the employee.

March 7th, 2010|Employment Policies|

2.02 Introductory Period

There is an introductory period of 60 days for all newly hired non-exempt employees. This introductory period is for the benefit of both the new employee and the College and is intended as an opportunity for the College to evaluate the new employee and for the employee to evaluate his/her new working environment. Upon completion of the introductory period employee and supervisor will conduct a joint evaluation.

The supervisor is to notify the Human Resources office that the introductory period is complete. Benefits will commence based on the appropriate eligibility period and vacation and sick day accruals will be credited from the initial date of employment.

McPherson College is an at-will-employer. Therefore at any time during the introductory period or after completion of the introductory period the College or employee can terminate employment at any time and for any reason.

March 7th, 2010|Employment Policies|

2.03 Workplace Schedule

The regular work week is Monday through Friday, 8:00 am to 5:00 pm, with lunch from 12:00 pm to 1:00 pm. Offices and individual staff schedules may vary according to the requirements of the work assignment. Approved alternative work schedules may also be utilized in departments.

March 7th, 2010|Employment Policies|

2.04 Time Records

It is McPherson College’s policy to comply with applicable laws requiring records to be maintained of the hours employees work. Non-exempt employees are required to accurately record their work hours and leave time taken on the appropriate time record forms. The time record form must be completed and signed by the employee. The employee’s supervisor will sign the form and forward it to the college Business Office for payroll processing.

The following time record procedures are in effect for non-exempt personnel:

  • The “work week” shall be defined as Wednesday through Tuesday.
  • Time sheets are due to the Business Office on the 21st day of the month (or if the 21st day falls on a weekend or holiday, on the next workday following the 21st).
  • The Business Office will distribute time record forms monthly.
  • Any days worked during the first week of a pay period, but recorded in the previous pay period will be taken into account to determine overtime pay.
  • If a non-exempt employee works more than 40 hours in a work week, such excess hours shall be paid at 1 ½ times the employee’s regular rate of pay. Hours taken as paid time off (vacation, sick, personal, funeral, or holiday leave) do not count toward the 40-hour overtime threshold.

Exempt staff members are expected to record their time away from work appropriately and to submit their timesheets to the appropriate manager or vice president immediately following the end of each month. Any vacation, sick leave, or holiday time taken during the month should be accurately recorded on the monthly time record form and submitted to the Business Office.

Hours worked and leave time taken must be recorded accurately, and falsification of a time record is grounds for disciplinary action, up to and including termination.

March 7th, 2010|Employment Policies|

2.05 Breaks

Employees may take a 15-minute break in the morning and afternoon. Employees may choose to take one 30-minute break per day with the approval of their supervisor.

Breaks should be staggered among employees in the work area to ensure departmental coverage. Breaks may not be accumulated or used to shorten the beginning or ending of the workday.

March 7th, 2010|Employment Policies|

2.06 Overtime

The Fair Labor Standards Act of 1938 and applicable state labor law governs the payment of overtime wages. McPherson College’s policies mirror the requirements of these laws.

Exempt Employees
Exempt employees do not receive overtime pay.

Non-Exempt Employees
Non-exempt employees are paid the regular hourly rate for the first 40 regular hours in a work week. Overtime is paid at 1 ½ times the regular hourly rate for hours worked in excess of 40 regular hours per week. The law requires that only hours worked count toward overtime. Therefore, paid time off (vacation, sick, personal, funeral, and holiday leave) is not considered time worked when determining eligibility for overtime compensation.

Time required after regular work hours responding to phone calls, texts or email will be considered compensable time.  Compensable time is based on 15 minute increment.

The “work week” shall be defined as Wednesday through Tuesday.

Approval

Overtime will be pre-approved by the requesting employee’s supervisor, who, in turn, will complete the Overtime Authorization Form (OAF) and seek the designated approvals.

Human resources is available to discuss any wage concerns including overtime with any college employee.

March 7th, 2010|Employment Policies|

2.07 On-Call

On-call time is defined as non-duty hours when a non-exempt employee is required to remain in telephone contact with a central point in order to respond to emergency calls.

Non-exempt employees working on-call time are compensated:

  • At the rate of $.50 per hour.

If the employee is called in to work, the employee will be compensated for the actual hours worked at 1½ times their regular hourly rate. On-call hours are not considered when determining hours worked for overtime purposes.

March 7th, 2010|Employment Policies|

2.08 Safe Harbor

McPherson College complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). The College prohibits any improper deductions from the salaries of exempt employees. Exempt employees are those employed in a bona fide executive, administrative, or professional capacity and who are exempt from the FLSA’s overtime pay requirements.

Permitted Deductions

There are certain circumstances where deductions from the salaries of exempt employees are permissible. Such circumstances include:

  • An exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability;
  • An exempt employee is absent from work for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness;
  • To offset amounts employees receive as jury or witness fees, or for military pay; or
  • For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.

Also, an employer is not required to pay the full salary in the initial or terminal week of employment; for penalties imposed in good faith for infractions of safety rules of major significance, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. In these circumstances, either partial day or full day deductions may be made.

What To Do If An Improper Deduction Occurs

If you are an exempt employee and you believe that an improper deduction has been made to your salary, you should immediately report this information to your direct supervisor, or to the Human Resources department.

Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

March 7th, 2010|Employment Policies|

2.09 Attending Classes

Employees who wish to attend classes during their scheduled workday:

  • The immediate supervisor of the employee approves release time to attend a course. Changes in work schedules to accommodate class schedules must not interfere with the productivity or work quality of the employee’s office or with the ability of the office to accomplish its mission in an appropriate manner.
  • The employee shall not be paid for any working hours spent attending the course, but if it is practical may be granted the opportunity by the supervisor to make up the lost work time during the same week.
  • The employee may use vacation time to receive pay while absent from work attending a course.
  • Full-time staff may take up to six semester hours of class during a term.
March 7th, 2010|Employment Policies|

2.10 Paycheck Procedure

Frequency

All College employees are paid once a month on the last work day of the month. If a scheduled payday falls on a holiday, employees will be paid on the work day preceding the holiday. Pay checks or pay stubs are distributed through campus mail, unless the employee has made prior arrangements.

Deductions

All required deductions, such as those for federal and state taxes, and all authorized voluntary deductions such as health insurance premiums, donations, 403(b) contributions, etc., shall be withheld automatically from the employee’s paychecks.

It is recommended that employees review their paycheck for compensation errors and proper withholdings. If you find a mistake, you should report it to the Business Office.

Direct Deposit

Direct deposit allows the employee’s paycheck to be electronically deposited directly into a checking and/or savings account at the financial institution of their choosing. Direct deposit enrollment is encouraged to ensure payroll funds are received on the final working day of the month regardless of the employee being absent from campus due to holidays, paid time off, or business related trips.

When an employee begins direct deposit, the first check will be a paper check. All subsequent payrolls will be check-less and a statement of the direct deposit will be provided to the employee detailing all deduction information.

To enroll in direct deposit the employee must complete a direct deposit authorization that may be obtained from the Business Office.

March 7th, 2010|Employment Policies|

2.11 Expense Reimbursement

See ADM 230 – Expenses & Expense Reimbursement

March 7th, 2010|Employment Policies|

2.12 Performance Evaluations

Employees will receive a performance evaluation annually. Supervisors conduct performance evaluations to review performance, discuss strengths, objectives, and specific goals to be accomplished throughout the upcoming year, and identify areas of job performance that need improvement.

The primary purpose of the annual performance evaluation is to enhance communication related to issues of job performance and mutual expectations. An outline is provided to guide supervisors in conducting the review, but the guide may be expanded to include other relevant issues and values. Employees are encouraged to participate in the performance evaluation discussion and make comments during the performance evaluation.

Performance evaluations will be distributed by April 15th of each year and are to be completed by May 15th of each year. Supervisors may request an extension from Human Resources.

March 7th, 2010|Employment Policies|

2.13 Background Checks

McPherson College is committed to providing a safe working and learning environment for its employees, students, and visitors. It also seeks to protect its assets, preserve its reputation, and comply with laws, and regulations. Therefore, criminal background checks will be conducted for all new hires of faculty and staff and other hires at the discretion of the College. Degree verification and credit checks will be conducted where applicable.

McPherson College will consider the seriousness and extensiveness of adverse information in making a determination of eligibility for employment. Job applicants and/or current employees, who are subject to background checks, will be given the opportunity to explain discrepancies or the information on a case-by-case analysis and determination will be made by Human Resources if it relates to the position as recommended by the EEOC.

Any material misrepresentation on the job application either by omission or falsification of information may be grounds for denial of employment, withdrawal of an employment offer, or dismissal of an employee. All background check information will be kept confidential.

March 7th, 2010|Employment Policies|

2.14 Military Recruiters

See ADM 240 – Military Recruiters

March 7th, 2010|Employment Policies|

2.15 References

Prospective employers, banks, and credit agencies may contact the Human Resource office for references and/or verifications.   No employee (other than the human resource representative or its designee) may provide any information regarding current or former employees to any non-employee. McPherson College may provide dates of employment, position title, and confirm salary information with a clear, written permission to release specific information obtained from the employee. It is the policy of the College to give only truthful, job related information.

March 7th, 2010|Employment Policies|

2.16 Travel and Training-Payment of Non-exempt Employees

When non-exempt employees are required by the College to travel and/or attend training sessions or conferences for business-related purposes, they will be paid as outlined below and as required by the Fair Labor Standards Act. Non-exempt employees are eligible for overtime.

  1. Normal Commuting and Travel During Work Day: A non-exempt employee’s normal commute from home to work and from work to home is not compensable time. But as a general rule, once a non-exempt employee’s regularly scheduled work shift begins, time spent by the employee in travel as part of her/his activities on behalf of the College is compensable time.
  2. Overnight Travel
    When a non-exempt employee is required to travel for College business, and that travel includes an overnight stay away from home, the employee will be paid per travel day for actual hours spent in travel, up to a maximum equal to the number of hours the employee would normally have been scheduled to work that day, as long as the travel occurs during what would normally be the employee’s work hours (such as 8:00 a.m. – 5:00 p.m.).If a non-exempt employee is required to travel on a day he/she would normally not have worked (i.e., Saturday or Sunday), the individual will be paid for actual time spent traveling, up to a maximum equal to the number of hours the employee is normally scheduled to work each day, as long as the travel occurs during what would normally be the employee’s work hours.

    In addition, all time spent performing authorized College-related work at the destination will be compensated based on actual hours worked.

    Meal periods and sleeping time are excluded as paid time.

  3. One-day Travel
    If a non-exempt employee is required to work away from the College for a day, and no overnight stay is involved, the employee will be paid for all hours spent in travel and at work at the destination. Meal periods are excluded as paid time.
  4. Driving
    Driving a vehicle, regardless of whether the travel takes place within or outside the normal work hours, counts as hours worked. In other words the act of driving is consider a compensable act which must be counted as hours worked if it is for the benefit of the College.
  5. Attendance at Training Sessions or Conferences
    When a non-exempt employee attends a business-related training session or conference, the employee will be paid for the actual hours spent in training or attending work-related conference sessions. Meal time is normally not included as paid time; meal time is paid only if the meal is served at the employee’s conference seat. Employees will not receive pay for optional training/conference events, such as receptions and social activities.Time spent in training is unpaid only if all of the following criteria are met:

    1. The training session is held outside the employee’s normal working hours.
    2. Attendance at training is voluntary
    3. The training session is not related to the employee’s job.
    4. The employee does not perform any College-related work during the training session.
    5. For travel and training, the pay rate shall be the employee’s normal hourly rate. Paid travel time and paid time spent at a training session/conference shall count as hours worked when calculating eligibility for overtime pay.

All business related travel and attendance at seminars/conferences must be approved in advance by the employee’s supervisor.

Human resources is available to discuss any wage concerns including travel and training pay with any college employee.

September 28th, 2016|Employment Policies|

3.01 Code of Conduct

Introduction & Purpose

In the pursuit of their professional activities, McPherson College employees shall take into account not merely the scientific, technical, and economic considerations, but also the social, environmental, and ethical implications of their work.

The Code of Conduct identifies principles, policies, and laws that govern the activities of the college and to which are employees and others who represent the college must adhere. The Code provides guidance for professional conduct. The success and reputation of the college in fulfilling its mission depends on the ethical behavior, honesty, integrity, and good judgment of each member of the community.

Accuracy of Records & Reporting

The records data and information owned, used, and managed by the college must be accurate and complete. The accuracy and reliability of financial reports is of vital importance to the business operations of the college. Therefore, all employees must record, allocate, and charge costs accurately and maintain supporting documentation as required by established policies and procedures.

Antitrust

McPherson College Employees shall not improperly collude with other entities (e.g. higher education institutions) in matters affecting the financial or administrative decisions of the College.

Confidential Information

McPherson College Employees shall protect against unauthorized access to and improper disclosure or use of private or personal information relating to students, employees, applicants, or any third party information in possession of the College. This responsibility extends to protecting against unauthorized access to and improper disclosure or use of financial information, intellectual property, or future planning information resulting from employment with the College. See the Confidential Information policy.

Conflict of Interest

McPherson College employees should strive to avoid the perception of or actual conflicts of interest that might compromise their integrity or objectivity. Conflicts, including those of financial, personal, or professional nature must be disclosed. Employees should strive to eliminate or manage such conflicts in an appropriate manner.

No employee shall solicit anything of value in return for influencing or exercising his or her discretion in a particular way on a College matter. Employees shall not accept any material gift, gratuity, or other payment, in cash or in kind from a vendor currently conducting business with the College or seeking to do so. Employees may not solicit or receive discounts or rebates on good and services offered to them in their private capacity by vendors to the College that exceed those generally available to other customers. Exceptions to this general provision include unsolicited gifts of a nominal value given at holidays, birthdays, weddings, and other commonly recognized social occasions.

Compliance with Contractual & Grant Obligations

McPherson College Employees requesting funding from government agencies, corporations, foundations, and other granting organizations have an affirmative obligation to make full, accurate, and honest representations concerning all relevant information submitted to or requested by the granting organization. Accurate and complete records, including supporting documentation as required by the granting organization, of the uses to which grant funds are put must be maintained.

Compliance with Laws & Regulations

McPherson College Employees must transact college business in compliance with federal, state, and local laws and regulations related to their positions and areas of responsibility. All employees should recognize that noncompliance may have adverse financial and other consequences for them and for the college.

Drug & Alcohol Free Workplace

The college is committed to providing a healthy and productive work environment for all members of the community

General Principles of Ethical Conduct

McPherson College Employees shall pursue the College’s objectives in ways that are consistent with the College’s mission. McPherson College Employees shall conduct themselves ethically, honestly, and with integrity in all situations. When in doubt about the propriety of a proposed course of action, they should seek counsel from colleagues, supervisors, or administrators who can assist in determining the right and appropriate course of conduct.

McPherson College Employees shall respect and defend human rights, and shall actively take part in the working community. McPherson College Employees shall encourage fair and equitable treatment of all employees.

Information Technology

McPherson College provides computer resources, including office computers, individual computer accounts, electronic mail, and remote access to administrative information systems, to employees for their use while engaged in college business. The college has established policies for the use of these resources and expects employees to be familiar with and abide by them.

Safety in the Workplace

McPherson College Employees shall be mindful of, and shall exercise reasonable care not to endanger, public health and safety.

Use of College Resources

McPherson College resources must be reserved for business purposes on behalf of the College. College Employees have an obligation to manage the institution’s resources prudently. Employees are responsible for safeguarding the tangible and intangible assets of the College that are under their control. College resources may not be converted to personal use, either for oneself or another person.

Obligation to Report Suspected Violations

McPherson College employees are strongly encouraged to report suspected violations of these standards, of laws and regulations, or of related college policies or procedures to their supervisor, department chair, Vice President for Academic Affairs, Vice President for Finance, or the Human Resource office, depending upon the nature of the violation. A supervisor or department chair to whom a report of a violation is made is obligated to follow up the report with the appropriate administrative authority. In investigating claims of inappropriate activities, care will be taken to maintain confidentiality. McPherson College will protect from retaliation anyone who makes a good faith effort to appropriately disclose perceived wrongdoing.

Consequences of Violation

Material violations of this Code, of federal, state, or local laws and regulations, or of related college policies and procedures may carry disciplinary consequences up to and including termination.

March 6th, 2010|Standards of Conduct|

3.02 Policy Against Discrimination, Harassment, and Retaliation and Complaint Procedure

See ADM 180 – McPherson College Policy Against Discrimination, Harassment, and Retaliation and Complaint Procedure

March 6th, 2010|Standards of Conduct|

3.03 Mandatory Reporting of Child Abuse and Neglect Policy

See ADM 185 – McPherson College Mandatory Reporting of Child Abuse and Neglect Policy

March 6th, 2010|Standards of Conduct|

3.04 Drug & Alcohol Free Workplace

Introduction

In keeping with its commitment to providing a safe, secure and efficient work environment, McPherson College has adopted the following policy as a supplement to existing personnel policies, practices, and procedures. In response to the needs of all employees, training will be provided to help them maintain a drug-free work environment. Please note Attachment A to this policy that reviews some of the health risks associated with the use of alcohol and illegal drugs.

Section 1: Applicability

All employees of McPherson College, including full and part-time persons classified as faculty, staff or student workers, must comply with this policy.

Section 2: Definitions

“Drug” means any substance that has known mind or function-altering effects on a human subject. It specifically includes psychoactive substances. It includes, but is not limited to, drugs controlled, regulated, or prohibited by state and federal law. “Drug” includes, without limitation, alcohol.

“Authorized substance” means only: 1) a lawful over-the-counter drug (excluding any alcoholic beverage) used in the recommended amounts; and 2) a medically prescribed substance, which is lawfully possessed, is used as prescribed, and is being taken under the direction of a physician.

“Workplace” means any office, building or property, including any parking lots, owned or operated by the College, or any other place at which a McPherson College employee performs work for the College or is directed by the College to be.

“Impaired” means having a significantly reduced capacity to perform regular or assigned job-related duties safely and effectively, because of drug use or abuse.

Section 3: Prohibitions

McPherson College prohibits the following conduct:

The illegal use, possession, manufacture, distribution, or sale of drugs, or drug paraphernalia, while on College premises or in College vehicles, while conducting College business, or in any workplace (as defined herein.)

The possession, use or distribution of alcoholic beverages on the College campus, in College vehicles, or in any workplace (as defined herein.)

Reporting to work while impaired (as defined herein) or being impaired at work, provided, however, that use of an “authorized substance” shall not be cause for discipline so long as the employee immediately, fully, and in good faith discloses to his or her supervisor the nature and cause of the impairment and all other relevant facts.

If it is determined that the use of an authorized substance impairs an employee’s ability to perform regular or assigned duties safely and effectively, the employee shall be temporarily reassigned to other duties, or other appropriate response shall be taken, which shall be consistent with all laws (including for example, the American with Disabilities Act) to the extent they may apply.

Section 4: Employee Assistance

Out of its commitment to providing a work environment conducive to the health and well-being of all employees, McPherson College offers educational and benefit programs dealing with drug use and abuse in the workplace. Benefit programs include partial coverage for both in-patient and outpatient drug abuse treatment programs for employees who are enrolled in the current College health insurance plan and referral services for all employees. McPherson College’s Human Resources office coordinates educational and benefit programs relating to this drug abuse policy.

Employees are strongly encouraged to seek assistance for drug problems before their job performance is impaired. Any employee who voluntarily reports his or her own drug abuse problem to McPherson College before such problem has otherwise been reported to the College shall not be disciplined by the College for reporting, even if the employee’s voluntary report reveals that the employee has engaged in conduct prohibited by Section 3 of this policy.

Employees who require time away from work to participate in a recognized treatment or rehabilitation program may do so in accordance with the terms of McPherson College’s leave of absence policy. Information about an employee’s participation in such treatment will be held in strictest confidence.

Except as specifically set forth in this policy, McPherson College may impose discipline, up to and including termination, upon employees who engage in conduct prohibited under this policy.

Section 5: Reporting Obligations

In accordance with the Drug-Free Workplace Act of 1988, any employee who is convicted of criminal conduct related to drugs in the workplace must notify McPherson College’s Human Resources Manager within five calendar days of any such conviction.

The Drug Free Workplace Act requires McPherson College to impose a penalty on, or require satisfactory participation in a drug abuse assistance or rehabilitation program by any McPherson College employee convicted of a criminal drug statute violation in the workplace. Subject to the other provisions of this policy, and subject to any statutes that may be applicable (such as, for example, the American with Disabilities Act, as applicable) deciding whether to impose a penalty, or to require satisfactory participation in a drug abuse assistance or rehabilitation program, shall be at the sole discretion of McPherson College, provided, however, that the College shall endeavor to treat like cases alike and shall not engage in any legally prohibited discrimination.

Section 6: Consequences of Policy Violations

Employees who violate this policy will be subject to appropriate disciplinary action up to and including termination.

Section 7: Review

The College will review this program periodically to determine effectiveness, recommend implementation of changes, and to ensure its fair and consistent enforcement.

Section 8: Distribution of Materials

The following items will be distributed to all employees:   A copy of this policy.

A document which describes the health risks associated with use of illicit drugs and the abuse of alcohol. (See attachment A).

Attachment A

Some Health Risks Associated with the Use of Alcohol and Illegal Drugs.

Drug and alcohol abuse creates serious problems both for the abusers themselves and for their families, friends, co-workers, and employers. Abuse of alcohol and drugs can cause severe injury to both body and mind. Overdoses of certain drugs kill immediately. Drug abuse can lead to debilitating mental disorders, whether temporary or permanent, and to painful, disabling, and/or fatal physical illness. It substantially increases the risk of violence and suicide. Drug or alcohol abusers as a group find it far more difficult to sustain healthy and satisfying family relationships and friendships, to fulfill their responsibilities, and to hold jobs. In the work place, drug or alcohol abusers are far more likely than non-abusers to miss work and to have serious on-the-job accidents. They are far less productive and much more costly to employers, and are therefore far less desirable as employees than non-abusers. Employees suffering from the immediate or long-term effects of drug or alcohol abuse waste much of their potential.

Illegal use of drugs is, by definition, a crime. The seriousness of the possible punishment depends on such things as the type and amount of drugs involved, the place of the violation, and the criminal history of the participants; serious drug crimes can result in long prison sentences. While use of alcohol is, in and of itself, not a crime, its abuse increases the risk that the abuser will commit, or be the victim of, serious crimes. Further, operating motor vehicles while under the influence of alcohol, or while having a blood-alcohol level above the applicable legal limit, is a crime. Depending on the circumstances, this can result in suspension or revocation of driving privileges, fines, and jail time and/or prison terms.

The medical information above is for informational purposes only. It consists only of brief summaries. It should not be relied upon for any medical decisions or in any medical emergency. McPherson College disclaims any responsibility to revise or update this information.

McPherson College adheres to the code of federal regulations, part 85, sub-part F, that requires the College to maintain a drug-free workplace for employees.

March 6th, 2010|Standards of Conduct|

3.05 Workplace Violence

See ADM 210 – Workplace Violence

March 6th, 2010|Standards of Conduct|

3.06 Conflict of Interest

McPherson College employees are to avoid situations in which their judgment in making decisions or taking action on behalf of the College may be adversely affected by personal consideration or situations where their performance, loyalty, or stewardship to the College is compromised.

Conflicts of interest may arise, for example, through the ownership, direct or indirect, of a financial or other interest in an organization supplying goods or services to the College; the performance of services to other organizations which do business with the College; or the receipt or acceptance of benefits from any organization doing, or seeking to do business with the College. All employees are prohibited from using their employment position to gain favorable or preferential access to vendors, investment advisors, or organizations for their own benefit.

All employees must immediately report to the Vice President for Finance any substantive relationships
(a) they or members of their family maintain with organizations that do business with the College, or
(b) that potentially could be construed to affect their independent, unbiased judgment in light of their decision making authority and responsibility. If an employee is uncertain whether to acknowledge a particular relationship, the Vice President for Finance should be consulted. All conflict of interest disclosures will be reviewed by the Vice President for Finance.

The following definitions are provided to help employees decide whether a relationship should be disclosed:

Business Relationship: One in which an employee or his or her family as defined below serves as an officer, director, employee, partner, trustee, or controlling stockholder of an organization that does substantial business with McPherson College.

Family Member: A spouse, parent, sibling, child, or any other relative if the latter resides in the same household as the employee.

Substantial Benefit: When an employee, or a member of the family (a) is the actual or beneficial owner of more than 5% of the voting stock or controlling interest of an organization that does substantial business with the College or (b) has other direct or indirect dealing with such an organization from which the employee or member of the family benefits directly, indirectly, or potentially from cash or property.

March 6th, 2010|Standards of Conduct|

3.07 Confidential Information

The College is committed to protecting the privacy of its students, alumni, parents, faculty, and staff. It is the policy of the College to ensure that the operations, activities, and business affairs of the College be kept confidential to the greatest possible extent. If, during the course of their employment, employees acquire confidential or proprietary information about the College and its students, faculty, staff, alumni, donors and vendors, such information is to be handled in the strictest confidence. We expect all users to meet the highest standards of ethics and responsibility.

Employees must adhere to all applicable laws such as the Gramm-Leach-Bliley Act (GLBA), the Family Educational Rights and Privacy Act of 1974 as amended (FERPA), and the Health Insurance Portability and Accountability Act (HIPPA) in addition to other federal and state laws. These laws pertain to the security and privacy of all non-public information including student information, employee information, and general College information whether it is in hard copy or electronic form.

Any willful or intentional disclosure of confidential information to unauthorized persons will be considered a sufficient cause for discipline including possible termination of employment.

March 6th, 2010|Standards of Conduct|

3.08 Information Technology

See ADM 280 – Information Technology Usage

March 6th, 2010|Standards of Conduct|

3.09 Smoking & Tobacco

McPherson College seeks to provide a safe and healthy environment for everyone on campus. Research has shown that smoking and breathing second-hand smoke present health risks and are even debilitating to some individuals. In an effort to maintain the well being of the campus community, the College places the following restrictions on tobacco use:

Smoking, the burning of any type of pipe, cigar, cigarette, or similar product, and chewing tobacco is prohibited in all campus buildings, as well as in all vehicles rented by the College.

Smoking, the burning of any type of pipe, cigar, cigarette, or similar product, and chewing tobacco is prohibited at outdoor athletic facilities.

March 6th, 2010|Standards of Conduct|

3.10 Solicitation & Distribution

In the interest of maintaining a proper business and educational environment and preventing   interference with work, employees may not distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions, or solicit for any other cause during work time. Employees who are not on work time (e.g. lunch breaks) may not solicit employees who are on work time for any cause or distribute literature of any kind to them.

Non-employees are prohibited from distributing material or soliciting employees on College premises at any time.

March 6th, 2010|Standards of Conduct|

3.11 Health & Safety

The College is committed to providing a safe and healthful working environment. Therefore, the College makes every effort to comply with relevant federal and state occupational health and safety laws and to develop the best feasible operations, procedures, technologies, and programs conducive to such an environment.

In the event of an emergency on campus the emergency phone number is 911. If using a campus phone dial 9+911. The employee’s supervisor should be contacted immediately in the event of a work related accident or illness and will assist employees in completing an Accident Report.

The College’s health policy is aimed at minimizing the exposure of our employees, customers, and other visitors to our facilities to health or safety risks. To accomplish this objective, all College employees are expected to work diligently to maintain safe and healthful working conditions and to adhere to proper operating practices and procedures designed to prevent injuries and illnesses.

The responsibilities of all employees of the College in this regard include:

  • Exercising maximum care and good judgment at all times to prevent accidents and injuries;
  • Reporting to supervisors and seeking first aid for all injuries, regardless of how minor;
  • Reporting unsafe conditions, equipment, or practices to supervisory personnel;
  • Using safety equipment provided by the College at all times;
  • Observing conscientiously all safety rules and regulations at all times;
  • Notifying their supervisors, before the beginning of the workday, of any medication they are taking that may cause drowsiness or other side effects that could lead to injury to them and their coworkers.
  • In appropriate circumstances, attending College sponsored safety classes.
March 6th, 2010|Standards of Conduct|

3.12 Blood-borne Pathogen

In accordance with the OSHA Blood-borne Pathogens standard, 29 CFR 1910.1030 (the “standard”), the following plan has been developed and adopted by McPherson College.

This plan has been created to give quick and easy guidance to McPherson College employees and supervisory personnel. In the event that this Plan fails to address, or is in conflict with, any portion of 29 C.F.R. 1910.1030, as it now exists or may hereafter be amended, or any other regulations or law, the provisions of such regulation or law shall control. Supervisory personnel shall be familiar with the contents of 29 C.F.R. 1910.1030 and shall be guided by them. The College shall comply with all applicable statutes and regulations, including without limitation 29 C.F.R. 1910.1030. A copy of 29 C.F.R. 1910.1039 shall be provided without charge to any employee upon request. Supervisors shall be familiar with this regulation’s contents.

Purpose

This plan’s purpose is to eliminate and/or minimize employee occupational exposure to blood and other potentially infectious body fluids, and to state a plan of action for response to any occupational exposure that may occur.

Exposure Determination

OSHA requires employers to perform an exposure determination in order to learn which employees may be at risk to suffer occupational exposure to human blood or other potentially infectious materials. Occupational exposure is a reasonably anticipated skin, eye, mucous membrane, or parenteral (puncture or cut) contact with blood or other potential infectious materials that may result from the performance of the employees duties. The likelihood of occupational exposure of an employee in a given job is to be determined without regard to whether or not personal protective equipment used.

McPherson College has performed an exposure determination to learn which employees may be at risk to incur occupational exposure to human blood, human body fluids, or other infectious materials. The following employees have been determined to be in this category:

  1. Designated first aid providers
  2. Coaching Staff and Athletic Trainers
  3. Departmental Lab Professors (Chemistry, Biology, Art, Auto-Restoration, Technology, and Theatre)
  4. All Plant Operations personnel

Implementation Schedule and Methodology:

OSHA also requires that this plan include a schedule and method of implementation for the various requirements of the standard. The following addresses this requirement:

Compliance Methods

Employees at McPherson College that are at risk for occupational exposure to blood-borne pathogen in the work place (see jobs listed above) shall be subject to the following standards:

Universal precautions will be observed at McPherson College in order to prevent contact with human blood and other potentially infectious materials. This means that employees must treat all human blood and other potential infectious materials as if they are known to be contagious, and must use personal protective equipment (PPE) in all situations in which such materials are present.

Engineering and work practice controls will be utilized to eliminate or minimize exposure of employees at McPherson College to potentially infectious materials. Where occupational exposure remains a danger after institution of these controls, personal protective equipment shall also be utilized.

At McPherson College the following engineering controls will be utilized:

  1. All sharps (objects that could cut or puncture skin or membranes) will be placed in the specified container for sharp These containers will be examined and maintained or replaced on a regular schedule. Reusable sharps that are contaminated with human blood or other potentially infectious materials (contaminated sharps) shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.
  2. Broken glassware that may be contaminated with human blood or other potentially infectious materials shall not be picked up directly with the hand It shall be removed using mechanical means, such as a brush and dustpan, tongs, or forceps and placed in the specified container for sharps. Receptacles for broken glass shall be brought to the contaminated area to eliminate transporting of broken glass outside such receptacles.
  3. All contaminated materials will be placed in bags or containers that have the universal biohazard symbol placed on them or that are the color red.
  4. In order to avoid being injured by sharps, custodians will pick up plastic waste sacks only by the top.
  5. All spills of blood and other potentially infectious material will be cleaned up/decontaminated immediately using a disinfecting bleach solution (described below) or an EPA approved germicid Those cleaning up spills shall use universal precautions and personal protective equipment.

Labels and Signs

McPherson College will ensure that biohazard labels are affixed to containers used to store, transport, or ship potentially infectious materials. The universal biohazard symbol shall be used. The label shall be fluorescent orange, orange-red, or red. Labels shall be affixed so as to prevent accidental removal. In lieu of biohazard labels, red bags or red containers may be used.

Personal Protective Equipment (PPE)

The College administration shall insure the following standards are met:

  1. All personal protective equipment will be provided without cost to the employee.
  2. Personal protective equipment shall be chosen based on anticipated exposure to blood or other potentially infectious material, and placed in the appropriate locations where anticipated risk of occupational exposure is high
  3. One time use gloves will be provided at first aid stations in appropriate sizes and must be used when the employee is rendering first aid or is in contact with blood, body fluids, or other infectious materials.
  4. Face shields and/or goggles will be provided at each location in which employees at high risk of exposure work (i. those employees listed under Exposure Determination).
  5. Readily accessible hand washing facilities will be available to all employee
  6. Restrooms shall be equipped with an adequate supply of hot and cold running water and single- use towel After a restroom is used for cleanup of blood or other potentially infectious materials (whether after an injury or otherwise) all exposed surfaces shall be immediately decontaminated.

In the event of an exposure to blood or other potentially infectious materials the employee will wash the affected skin with soap and running water. If eyes or mucous membranes are affected, the employee shall flush with running water. The exposed employee will contact and inform his/her supervisor of the exposure as soon as possible, and in no event shall the employee leave work without reporting the incident (unless emergency medical treatment requires this.)

If human blood or other potentially infectious materials penetrate a garment, the garment shall be removed as soon as possible, preferably immediately. All personal protective equipment will be removed prior to leaving the work area.

If personal protective equipment is used, the person using the equipment will wash his/her hands and other potentially affected body areas with soap and water immediately following removal of the equipment.

All personal protective equipment will be cleaned, laundered, repaired, replaced, and/or disposed of by the College at no cost to employees.

Disposable gloves used at McPherson College are not to be washed or decontaminated for re-use and are to be replaced as soon as practical when they become contaminated, torn, or punctured, or when their ability to function as a barrier is compromised. Utility gloves will be discarded if they are cracked, peeling, torn, or punctured, or exhibit other signs of deterioration, or when their ability to function as a barrier is otherwise compromised.

Gloves shall be worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious materials, non-intact skin, or mucous membranes. Gloves will be available in all first aid locations.

Masks in combination with eye protection devices, such as goggles or glasses with solid side shields, or chin length face shields, are required to be worn whenever splashes, spray, splatter, or droplets of blood or other potentially infectious materials may be generated and eye, nose, or mouth contamination there-from can reasonably be anticipated.

Other protective clothing is to be used when appropriate, such as lab coats, gowns, aprons, clinic jackets, or similar outer garments.

Decontamination

All contaminated surfaces and/or work areas will be decontaminated (with a solution of one part chlorine bleach to 10 parts water) as soon as possible after completion of any emergency medical treatment if any spill of blood occurs, or whenever blood, body fluids, or potentially infectious materials have touched work surfaces or work areas. Decontamination will be accomplished using germicide (i.e.chlorine bleach solution described above) provided for this purpose at each location stated above. Any objects used to pick up contaminated materials will also be decontaminated using the above procedure. As an alternative, decontamination may be accomplished by use of an IEPA-approved germicide in the correct strength and in the prescribed manner.

Regulated Waste Disposal

All contaminated sharps shall be discarded as soon as possible in sharps containers that are located in the facility. Sharps containers are located in the nurse’s office, all lab classrooms, the athletic training room, and in maintenance.

Needles

Contaminated needles and other contaminated sharps will not be bent, recapped, removed, sheared or purposely broken. (OSHA allows an exception to this if the medical procedure performed requires that the contaminated needle be recapped or removed and no alternative is feasible. If such action is required, then the recapping or removal of the needle must be done by the use of a mechanical device or a one-handed technique.)

Containers for Reusable Sharps

Sharps that are reusable are to be placed as soon as possible after use, preferably immediately, into appropriate containers for reusable sharps. At McPherson College such sharps containers are puncture resistant, are labeled with a conspicuous biohazard label or are the color red, and are leak proof.

Work Area Restrictions

In work areas where there is a reasonable likelihood of exposure to blood or other potentially infectious materials, employees are not to eat, drink, apply cosmetics or lip balm, smoke, or handle contact lenses. Food and beverages are not to be kept in refrigerators, freezers, shelves, cabinets, or on counter tops or bench tops where blood or other potentially infectious materials are present or likely to be present.

Specimens

Specimens of human blood or other potentially infectious materials will not be collected at McPherson College.

Laundry Procedures

Laundry contaminated with blood or other potentially infectious materials will be handled as little as possible. Such laundry will be placed in appropriately marked bags that have a conspicuous universal biohazard warning label or are the color red, at the location where it was used. Such laundry will not be sorted or rinsed in the area of use.

All employees who handle contaminated laundry will utilize personal protective equipment to prevent contact with blood or other potentially infectious materials.

Hepatitis-B Vaccine

Those employees at risk for occupational exposure to blood or other potentially infectious materials (those listed in Exposure Determination above) will be offered the Hepatitis-B vaccination series at no charge. If the U.S. Public Health Service later recommends booster doses, they will be offered at no charge as well.

Hepatitis B vaccination is a noninfectious yeast-based vaccine given in 3 injections in the arm. The second injection is given one month after the first, and the third injection is given six months after the initial dose. The vaccination is prepared from yeast cultures, rather than human blood or plasma. Thus, there is no risk of contamination from other blood-borne pathogens, nor is there any chance of developing hepatitis B from the vaccine. The vaccine does not harm those who are already immune or who may be hepatitis B carriers. It is not clear how long immunity lasts, so booster shots may be required.

Employees must sign a federally-approved declination form (as provided for by 29/C.F.R.1910.1030) if they are eligible for the vaccine, but choose not to receive it. At any time after declining the vaccine, the employee may opt to receive the vaccine at no cost. McPherson County Health Department will administer the vaccine.

Post Exposure and Follow-Up

Following a report of an incident of on-the-job exposure to blood or other potentially infectious materials, McPherson College shall make immediately available to the exposed employee a confidential medical evaluation and follow up, including at least the following elements:

  1. Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred.
  2. Identification and documentation of the source individual, unless McPherson College can establish that identification is infeasible or prohibited by state or local law.
  3. The source individual’s blood shall be tested as soon as possible and after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained McPherson College shall establish that the legally required consent cannot be obtained. When the source individual’s consent is not required by law, the source individual’s blood, if available, shall be tested and the results documented. To the extent permitted by law, results of the source individual’s testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual. If the source individual is already known to be infected with HBV or HIV, repeat testing is unnecessary.
  4. Collection and testing of blood for HBV and HIV serological status will comply with the following standards:
    (1) the exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained.
    (2) If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible.
  5. Post-exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service.
  6. Counseling, to the extent required by applicable statutes and regulations.
  7. Evaluation of reported illnesses, to the extent required by applicable statutes and regulation

Information Provided to the Healthcare Professional

McPherson College shall ensure that the healthcare professional responsible for the employee’s Hepatitis B vaccination is provided with a copy of 29 C.F. R. 1910.1030 (as amended or superseded.)

McPherson College shall ensure that the healthcare professional evaluating the employee after an exposure is provided the following information:

  1. A description of the exposed employee’s duties as they relate to the exposure incident.
  2. Documentation of the route(s) of exposure and circumstances under which exposure occurr
  3. Results of the source individual’s blood testing, if available; and all medical records relevant to the appropriate treatment of the employee, including vaccination status, that are the employers responsibility to maintain.
  4. A copy of Federal Regulation 29 F.R. 1910.1030 concerning blood-borne pathogens.

Healthcare Professional’s Written Opinion

  1. McPherson College shall obtain and provide the exposed employee with a copy of the evaluating healthcare professional’s written opinion within fifteen (15) days of the completion of the evaluation.
  2. The healthcare professional’s written opinion for Hepatitis B vaccination shall be limited to whether Hepatitis B vaccination is indicated for an employee, and whether the employee has received such vaccination.
    The healthcare professional’s written opinion for post-exposure evaluation and follow-up shall be limited to the following information:

    1. A statement that the employee has been informed of the results of the evaluation.
    2. A statement that the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation or treatment.

All other findings or diagnoses shall remain confidential and shall not be included in the report.

Information and Training

McPherson College will ensure that training is provided (a) at the time of initial assignment to employees who perform tasks in which occupational exposure may occur (those employees listed in Exposure Determination, above), (b) within ninety (90) days after the effective date of any new policy provisions or legal standards, and (c) at least every twelve (12) months thereafter. Training shall be tailored to the education, literary and language level of the employee, and offered during the employee’s regular working hours. Training shall be appropriate for the nature of the trainee’s job and of the trainees possible exposure. The training will be interactive and will cover (but is not limited to) the following:

  1. An accessible copy of the regulatory text of the pertinent portions of the Code of Federal Regulations and an explanation of its conten
  2. A general discussion of the epidemiology and symptoms of blood-borne disease
  3. An explanation of the modes of transmission of blood-borne pathog
  4. An explanation of McPherson College Blood-borne Pathogen Exposure Control Plan, and a method for obtaining a copy.
  5. An explanation of how to recognize tasks and other activities that may involve the risk of exposur
  6. Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious material
  7. An explanation of the procedures to follow if an exposure incident occurs, including the method of reporting and medical follow-up that will be made availab
  8. Information on the evaluation and follow-up required of McPherson College after an employee exposure incid
  9. Explanations of required signs, labels, and color-coding system
  10. An opportunity for interactive questions and answers with the person conducting the training session.

The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training addresses.

Employees who have received training on blood-borne pathogens in the twelve months preceding the effective date of this policy shall receive training in any provisions of the policy that were not covered.

Additional training shall be provided to employees when there are any changes of tasks or procedures affecting the employee’s risk of exposure to infectious materials.

Medical Records

McPherson College shall establish an accurate record for each employee with occupational exposure as required by 29 C.F.R. 1910.30 and/or other applicable statutes or regulations. These records shall be kept confidential, and will be maintained for at least the duration of employment plus thirty (30) years. The records shall include the following:

  1. The name and social security number of the employee.
  2. A copy of the employee’s Hepatitis B vaccination status including the dates of all the Hepatitis B vaccinations and any medical records relative to the employees ability to receive vaccination, as required by applicable federal regulations.
  3. A copy of all results of legally required examinations, medical testing, and follow-up procedures.
  4. McPherson Colleges copy of the healthcare professional’s written opinion, as required under this policy.
  5. A copy of the information McPherson College provides to the health care professional in the event of an exposure, including without limitation a description of the employee’s duties as they relate to the exposure incident and documentation of the routes of exposure and circumstances of the exposure.
  6. An explanation of the use and limitation of methods to prevent or reduce the risk of exposure, including appropriate engineering controls, work practices, and personal protective equipment.
  7. Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipm
  8. An explanation of the basis for selection of personal protective equipm
  9. Information on the Hepatitis B vaccination, including information on its efficacy, safety, and method of administration, the benefits of being vaccinated, and the fact that the vaccine and vaccination are offered free of charge.

Sharps Injury Log

McPherson College shall establish an accurate record for each injury with occupational exposure involving a sharp as required by 29 C.F.R. 1910.30 and/or other applicable statutes or regulations. These records shall be kept confidential. The records shall include the following:

  1. Type and brand of device involved.
  2. Department or area of incident.
  3. Description of incident.

Training Records

McPherson College is responsible for maintaining the training records of employees listed above under Exposure Determination.

Training records shall be maintained for three years from the date of training or such period of time as may be required by law. The following information shall be documented:

  1. The dates of the training sessions.
  2. The contents of a summary of the training session

The names and qualifications of persons conducting the training.

The names and job titles of all persons attending the training session.

Availability

Employee training records required to be kept under this policy shall be provided upon request for examination and copying to the employee, to anyone having written consent of the employee, to the Director, and to the Assistant Secretary in accordance with 29 C.F.R. 1910.20 (as it now exists or may be hereafter amended or superseded.)

Transfer of Records

McPherson College shall comply with the requirements involving transfer of records set forth in 29 C.F.R. 1910.20 (h) as it may hereafter be amended or superseded.

If McPherson College ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, McPherson College shall notify the Director at least three (3) months prior to their disposal, and shall transmit them to the Director, if required by the Director, within that three (3) month period.

Evaluation and Review

The Safety Committee is responsible for reviewing and updating this program and its effectiveness periodically, and whenever necessary to reflect new of modified tasks and procedures that affect occupational exposure or to reflect new or revised employee positions with the risk of occupational exposure.

March 6th, 2010|Standards of Conduct|

3.13 Nepotism

Relationship by family or marriage shall constitute neither an advantage nor a disadvantage to employment by McPherson College, provided the individual meets and fulfills the appropriate College employment standards. Without approval of the President, no individual shall have compensation approved by, or be assigned to a department under the direct supervision of, a relative as defined herein.

The College recognizes that there may be existing relationships that run contrary to this policy adopted on July 1, 1999. This policy is intended to prevent any new situations where relatives are employed in supervisory-subordinate relationships.

Under the above policy the following definitions are applicable:

A. Relative includes father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, grandparent-in-law, or domestic partner.

B. Supervision is generally defined as the authority to oversee the performance of another person’s job duties. Supervision also includes the authority of an employee to schedule, assign, evaluate, commend, reward, promote, relieve, discipline, censure, demote, or remove another employee or substantially influence such actions for or against another employee.

March 6th, 2010|Standards of Conduct|

3.14 Employee Dress Guidelines

Administrative staff employees represent the College when performing their duties. Therefore, the College expects appropriate employee appearance in accordance with an employee’s assigned duties and working conditions. The College does not maintain a list of prescribed rules or dress code. Rather, employees are expected to use good judgment and be responsive to the suggestions or direction of their supervisor. Departmental managers may establish additional guidelines as they deem appropriate.

Appropriate attire varies based on job duties. For example, employees in facilities management perform significant amounts of manual labor or cleaning. Their work environment often lacks climate control and involves dirt, grease, chemical solutions, and other items that may damage clothing. Therefore, apparel such as jeans, shorts, t-shirts, or sweatshirts are generally appropriate. Attire in this environment should also consider potential safety hazards. Office personnel generally work in climate controlled environments that are cleaned regularly. As part of their assigned duties they often meet with students, parents, and the public. Therefore, apparel for these positions should be business casual. Further guidance on appropriate attire may be sought from or given by an employee’s supervisor.

Regardless of work assignment, all outer garments should fit properly and be maintained and laundered to provide a clean appearance.

For persons working in a business casual environment, the following examples may provide some guidance:

  • Dress trousers with collared shirt, polo shirt, dress shirt and tie, or sweater
  • Suit or sport coat
  • Dress, skirt or dress trousers with polo, blouse, or sweater

Should a supervisor determine an employee’s attire is inappropriate, the employee will be instructed to change their attire.

March 6th, 2010|Standards of Conduct|

3.15 Vehicle Operation

Licensed vehicles on campus are to be driven only on the streets and parked in areas designated for parking. Motor vehicle operators are to abide by traffic laws. Parking is available on College lots and surrounding streets.

All licensed vehicles owned or operated by students must be registered with the College. Registration occurs in the office of the Dean of Students and each registered vehicle will receive a sticker to be affixed to the windshield of the vehicle.

All vehicles are to be parked headed into the parking space.

Non-licensed, non-motorized vehicles (bikes, scooters, skateboards, etc.) may be used as transportation on campus. Please yield the right of way to pedestrians. Bike racks are located outside many buildings on campus. Bikes may be parked inside residence halls in designated bike storage areas or in a resident’s room (provided the roommate concurs).

It is recommended that vehicles be locked at all times and that valuable items not be left in a visible location in a vehicle. It is also recommended that other forms of transportation (i.e. bikes) be locked when not in use.

Persons operating or parking a vehicle in a manner that violates the above policies are subject to disciplinary action imposed by the McPherson Police and/or the College. Inappropriate use of vehicles could result in a police citation, towing of vehicles at the owner’s expense, or other actions deemed appropriate by the City or the College.

Examples of illegal or inappropriate actions:

The following examples are not an exhaustive list; they are a representative sample of actions that do not comply with City or College vehicle policies.

  • Parking or leaving a running vehicle next to a curb that is painted yellow, for any period of time. This includes areas such as the circle drive outside Mohler, Sport Center, and Metzler. The specified areas are designated to be kept clear for emergency vehicle access.
  • Parking in a handicapped spot, for any period of time, without having appropriate vehicle identification (license plate, window sticker, etc.).
  • Parking vehicles on College lots that are not eligible to be there (non-licensed vehicles, non- operating vehicles, etc.)
  • Parking licensed vehicles anywhere on campus, other than parking lots.
  • Parking a vehicle inappropriately in a parking lot, in the triangle area at the end of a parking row, on a sidewalk, in an alley, or on a lawn. Prohibited examples include a car backed into a parking space or parked at the end of a row where there is no space available.
  • Parking vehicles, such as bikes, inside campus buildings. Bikes can be parked in designated areas (if available); however parking in hallways or stairwells poses a danger to other people in the event of an emergency evacuation.
  • Driving licensed vehicles on campus sidewalks or grassy areas.
  • Riding bikes, skateboards, or scooters on raised concrete areas such as Harnley Garden, the library steps, gazebo, or the brick seats around the circle drive.
March 6th, 2010|Standards of Conduct|

3.16 Exit Interview

Purpose:

McPherson College supports positive employment relationships and working environments. The exit interview is an important learning tool used to gather facts and information pertaining to the work experience. The exit interview provides the opportunity to gather data to improve working conditions, explain the separation process, answer questions the employee may have concerning the separation process, and ensure an organized process for non-returning employees to complete all College obligations.

Policy:

Upon receipt of resignation an exit interview will be scheduled with human resources to discuss the employee’s perceptions of the College as an employer, to determine the reasons for termination, to discuss COBRA health care continuation options, and to answer the non-returning employee’s questions. All non-returning employees must return College owned property and assets provided to employees for utilization in the performance of their position.

Procedure:

  1. All non-returning employees must provide their immediate supervisor a written statement outlining their intention regarding termination or vacating a position. The Human Resources department will notify Computer Services and Facility Managem
  2. The supervisor is responsible for notifying the Human Resources department as soon as he/she is advised that an employee is leaving the employment of the Colleg The Human Resource department will begin a “Termination Checklist.”
  3. An exit interview questionnaire will be distributed to the terminating employee by the Human Resources department.
  4. The Human Resources department will also schedule and conduct a meeting with the terminating employee to discuss the interview questionnaire, return College property, discuss COBRA health care continuation rights (where applicable), and complete the “termination checklist.”

Items which must be accounted for include but are not limited to:
Keys
Credit Cards
ID Card
Books/Supplies
Equipment
Computer
Pager

A fee may be deducted from the employee’s last payroll check in the event that College keys, credit cards, etc. are not returned if employee has signed the deduction understanding.

March 6th, 2010|Standards of Conduct|

3.17 Whistleblower

See ADM 235 – Whistleblower

March 6th, 2010|Standards of Conduct|

3.18 Sexual Misconduct Policy and Complaint Resolution Procedures

See ADM 150 – Sexual Misconduct Policy and Complaint Resolution Procedures

 

February 23rd, 2015|Standards of Conduct|

3.19 Americans with Disabilities (ADA) Reasonable Accommodation Policy

see ADM 225 – Americans with Disabilities (ADA) Reasonable Accommodation Policy

February 23rd, 2015|Standards of Conduct|

3.195 McPherson College Animals on Campus including Service and Emotional

See ADM 227 – McPherson College Animals on Campus including Service and Emotional

June 9th, 2016|Standards of Conduct|

3.20 Grievance Policy

I. Purpose

This policy has been established to foster sound employee‑employer relations through communication and reconciliation of certain work‑related problems. The primary objective of the Grievance Procedure is to determine whether employees have been treated in accordance with College Staff policies and procedures.

II. Policy

  1. The grievance process is only available to regular, full-time and part time non-exempt or hourly college employees, who have completed their initial probationary period with the College, and exempt employees.
  2. A College employee, whose grievance is related to or regarding an act of discrimination due to such grievant’s race, creed, color, religion, national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, veteran status, GINA (the Genetic Nondiscrimination Identification Act), sexual orientation, or any other characteristic protected by applicable federal, state, or local laws, will use the discrimination and harassment complaint procedure and not this Grievance Policy.
  3. This Grievance Policy will not be used to effect changes in Policies or Rules, such as hours of employment, rates of compensation or the content or merit of College Staff, Faculty of Administrative Policies and Procedures. The process will not be utilized to investigate verbal counseling or written reprimands unless the grievance falls under Staff Policy 3.2 Discrimination and Harassment.
  4. If, after a grievance is filed, a lawsuit/complaint is filed with any board, agency or court concerning the same subject matter, the grievance process will stop unless the grievant has submitted written notification to the Director of Human Resources of his/her intent to withdraw the grievance.
  5. All records pertaining to specific grievances will be maintained by the office of Human Resources in separate files from the employee’s personnel file.
  6. The decision to administratively suspend an employee, with or without pay, during an investigation is not subject to a grievance hearing.

 

III. Procedures

  1. Before a formal written grievance is filed, an employee shall attempt to settle his/her dispute with his/her immediate supervisor in the employee’s department. The employee is required to show that a reasonable effort was made to resolve any question or misunderstanding within the employee’s department prior to filing a grievance.
  2. Mediation
    This assistance provides an opportunity for both parties to present points of view and work toward solutions that are mutually agreeable. Although mediators usually have a vested interest in arriving at a workable solution, the final agreement belongs to the parties. The role of the mediator is to help the parties reach an agreement that ultimately results in a healthy work environment for both parties. In general, the goal is a “win/win” solution. Unless criminal or unethical issues are identified, the process is handled in a confidential manner. In some situations, however, the parties may request the final agreement be shared with other specific persons. Information learned or obtained in the mediation process is not admissible in the grievance process. Mediation agreements cannot bind the College.
  3. It is expected that each employee will make a good faith effort to resolve disagreements or conflicts prior to filing a grievance, by talking with his/her supervisor or by taking advantage of the mediation process. If an employee is unable to informally resolve his/her grievance with his/her immediate supervisor or co-worker or by participating in mediation, the employee shall obtain a statement of grievance. The grievant will be required to state the nature of the grievance, supported with specific facts, as well as what steps the employee has taken to resolve the grievance. The grievance statement should be presented to the employee’s immediate supervisor within thirty (30) calendar days after an alleged grievable incident shall have occurred. The supervisor will acknowledge the receipt of the grievance statement by signing and dating the statement. A copy of the grievance shall then be forwarded by the department to the Director of Human Resources. The Director of Human Resources shall determine whether the issue(s) raised are subject to a grievance process. The Director of Human Resources may dismiss some or all of the issues or clarify the scope of any grievance. The decision to dismiss issue(s) is subject to appeal in writing within ten (10) business days of written notice to the College President. The President’s decision shall be final.
  4. The supervisor or co-worker, in collaboration with the department head, shall respond to the grievant within ten (10) work days from dated receipt of the grievance from the employee and shall present a grievance response to the employee with a copy forwarded to the Director of Human Resources.
  5. If the grievant is not satisfied with the response, he or she has the option of requesting a meeting with the Director of Human Resources.   The grievant should make the request in writing to the Director of Human Resources within five (5) work days of the written response by the supervisor. The Director of Human Resources will then work with the grievant and the respondent towards an agreeable resolution of the complaint. For grievances related to termination, demotion or suspension without pay, the grievant may request a hearing with the College Personnel Committee. The request should be in writing to the Director of Human Resources within five (5) work days of the written response by the supervisor. No other grievances heard under this policy may be appealed to the Personnel Committee.
  6. The Personnel Committee will convene a hearing within seven (7) work days of receipt of the written request for a hearing to the Director of Human Resources unless a different hearing date is granted by the Chair of the Committee.   Both the grievant and the respondent should be present for the hearing, along with other persons who, according to the grievant or the respondent can provide relevant information. Although the hearing is an internal matter, legal counsel for either (or both) party is allowed and a record kept by the Director of Human Resources The College Personnel Committee is charged with providing a written summary of their findings within seven (7) work days of the conclusion of the hearing to the respondent, to the grievant, and to the Director of Human Resources.
  7. The decision of the College Personnel Committee shall be final unless overturned by the College President within fifteen (15) work days of the date of the College Personnel Committee’s written summary. Grievances filed against the College President shall have the decision of the College Personnel Committee overturned by the Chair, Board of Trustees, within fifteen (15) work days of the date of the College Personnel Committee’s written summary.
  8. The College Personnel Committee is not a policy making body and may not challenge the legality of the College’s Staff, Faculty or Administrative policies. The Committee must reach its decisions within the framework of the Policies existing at the time the case was initiated. The Committee is without the authority to award or recommend damages or compensation of any nature, except reinstating lost wages for an employee, who has been suspended without pay, demoted or terminated
  9. The burden of proof rests upon the appealing employee, who must show that the evidence is clear and convincing. In an appeal to the College Personnel Committee, the question under consideration is whether the employee has been treated in accordance with College Staff policies and procedures. The Committee shall not consider unrelated matters.
  10. Any College employee is prohibited from retaliating against a person filing a grievance, serving as a witness in a grievance investigation, or any person connected to a grievance investigation or resolution of a grievance.
  11. Members of the College Personnel Committee – Staff members are appointed by the College President; faculty members are appointed by the Vice President for Academic Affairs.
March 6th, 2010|Standards of Conduct|

4.01 Leave of Absence

To accommodate employees requesting extended leave for a serious medical condition, the birth of a child, adoption, foster care placement, or caring for a spouse, parent or child with a serious medical condition the College offers:

  • Use of Family and Medical Leave (refer to the Family and Medical Leave policy). During an employee absence under FMLA accrued vacation and sick time will be used before unpaid leave is applied.
  • Extended leave beyond the scope of FMLA may be granted for up to six (6) months, but the determination of the extended leave will be granted at the College’s sole discretion. If the employee is granted post-FMLA leave, the employee will not accrue vacation or sick leave benefits, but may elect to continue group insurance coverage by paying the full premium in advance of the first of the month for the next month’s coverage by tendering a check payable to McPherson College.

Employees, who seek a leave of absence for military service or to care for a military service member, refer to McPherson College’s Family and Medical Leave Act policy.

Employees, who seek a leave of absence for reasons outside the scope of FMLA, may request an unpaid leave of absence. A Leave of Absence Request form must be submitted to the Human Resources department within a reasonable time period and the determination for granting such request is at the sole discretion of the College.

March 5th, 2010|Leave of Absence|

4.02 Family & Medical Leave Act

I. Purpose

The intent of this Policy is to allow employees to be absent from work in conformity with the Family and Medical Leave Act (FMLA) of 1993 as amended from time to time and all interpretations shall comply with that intent.

II. Policy

  1. Eligibility and Reasons for Leave
    Employees who have worked for the College for at least twelve (12) months, over the last seven (7) years (need not be consecutive), and who have been employed for at least one thousand two hundred fifty (1,250) hours of service by the College during the previous twelve (12) months, are entitled to up to twelve (12) cumulative weeks of Family and Medical Leave (FML) per year (to be defined as a “rolling” 12‑month period, except for covered service member leave which is for a single 12-month period) for any of the reasons listed below:

    1. Child birth, pregnancy or prenatal medical care;
    2. Placement of a child with the employee for adoption or foster care and in order to care for such child;
    3.  To care for a spouse, son, daughter or parent with a serious health condition as described below;
    4. When the employee’s own serious health condition, as described below, makes the employee unable to perform the functions of his or her position (A serious health condition is defined by this policy in section IV. Definitions G);
    5. For a qualifying exigency, and/or covered service member leave, as described below.

    This policy covers illnesses or conditions of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, this refers to a chronic or long-term health condition that results in a period of more than three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity, and a second visit within thirty (30) days of the incapacity. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year.

    This policy also covers qualifying exigency leave for eligible employees with a spouse, son, daughter, or parent on covered active duty in the Armed Forces in a foreign country, or called to covered active duty status in the National Guard or Reserves deployed to a foreign country. Eligible employees may use their twelve (12) week leave entitlement to address certain qualifying exigencies.

    This policy also applies to qualifying military caregiver leave to care for a covered service member with an illness or injury incurred in or aggravated by the line of covered active duty. This leave may extend up to twenty-six (26) weeks in a single twelve (12) month period for an employee to care for a spouse, son, daughter, parent, or next of kin who is a covered service member with a serious illness or injury. A covered service member is a current member of the Armed Forces or Veteran of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty that may render the service member medically unfit to perform his or her duties and is undergoing medical treatment, recuperation, or therapy; is in outpatient status; or on the temporary disability retired list. A covered veteran is an individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. The Veteran’s need for a caregiver includes medical treatment, recuperation or therapy for a serious injury or illness that occurred any time during the five years preceding the date of treatment, recuperation, or therapy.

  2. Amount of Leave
    An eligible employee can take up to twelve (12) weeks of Family Medical Leave (“FML”) for the circumstances noted above in Item A. 1. through Item A. 4. To determine the amount of eligible hours available to the employee, a rolling 12-month calendar timeframe will be used. This calculation measures backwards from the date of the employee’s requested start date for FML leave.An eligible employee can take up to twenty-six (26) weeks of FML for the circumstances noted in item A.5. for covered service member leave during a single 12-month period with the amount of remaining leave calculated from the date leave is first used.If a husband and wife both work for the College and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or care for a parent with a serious health condition, the husband and wife may only take a combined total of twelve (12) weeks of leave. If the husband and wife both work for the College and each wishes to take leave to care for a covered injured or ill service member, a combined twenty-six (26) weeks of covered service member leave may be taken.FML eligible employees injured on the job receiving Workers’ Compensation will have this leave time tracked and deducted from FML entitlement.
  3. Types of Leave – Continuous, Intermittent or Reduced Work Schedules
    Leave may be taken in consecutive weeks, intermittently (for example, taking a day periodically when needed over the year), or under certain circumstances, to reduce the workweek or workday, resulting in a reduced work hour schedule. In all cases, the leave may not exceed a total of twelve (12) work weeks (or twenty-six (26) work weeks to care for an injured or ill service member over a 12-month period). Leave taken for the birth or placement of a child for adoption or foster care must be taken consecutively unless otherwise authorized by the employee’s department. Leave for prenatal medical appointments may be taken intermittently.When undergoing planned medical treatment, it is the employee’s responsibility to coordinate the scheduling of such treatment with his/her immediate supervisor and the health care provider to minimize disruption to the College.When intermittent or reduced schedule leave is needed due to a foreseeable reason, The College may temporarily transfer an employee to an available alternative position if the alternative position would better accommodate the intermittent or reduced schedule. The alternative position will be equivalent in pay and benefits.
  4. Use of Paid and Unpaid Leave:
    1. Eligible accrued sick leave, vacation or compensatory time shall be utilized first. If an employee has less than twelve (12) weeks of eligible accrued paid leave, the balance of the leave shall be taken as unpaid leave. An eligible employee will utilize sick leave, then vacation, then unused and available paid holiday such as annual birthday and then shall remain in an unpaid status for the remainder of the leave.An employee on FML may work a second job as long as the employee meets the FML standard for leave from The College.
    2. Birth, placement of a child for adoption or foster care.No permanent full time or permanent part time employee shall be compelled, coerced or ordered to begin leave at any time during the period of pregnancy, unless unable to perform the essential functions of the job.Entitlement to leave for this purpose expires twelve (12) months after the birth or placement of the child.
    3. FML running concurrently with worker’s compensation.
      When FML is used concurrently with worker’s compensation, employees may supplement worker’s compensation wages with sick leave, vacation or compensatory time, but are not required to do so. The employee is responsible for notifying Human Resources if they would like to supplement worker’s compensation wages with sick leave, vacation, or compensatory time. The amount of sick or vacation pay used shall be the amount necessary to maintain the employee’s approximate regular net payment.
  5. Designation of Leave
    Paid leave may be retroactively designated as FML by either the employee or the College if circumstances are such that the leave is unexpected or because the employee is on sick or vacation leave for an FMLA purpose and has not advised the College of said purpose. However, in no event may leave be so designated   after the leave has ended, except as provided by law. The College has designated Workers’ Compensation absences as FML hours.
  6. Abuse
    If the College finds intentional misuse of FML, employment may be terminated.

III. Procedures

Below is a summary of the basic FML procedures. This section is not an exhaustive list of all FML policy procedures.

  1. When an employee has a foreseeable need for FML, the employee must complete the Family Medical Leave Request for Leave Form. An employee may obtain, complete, and submit this form from/to the College Human Resources. If an unforeseeable need arises the employee may verbally notify Human Resources of the request and Human Resources will provide a paper copy of the request to the employee or employee designee for completion.When the need is foreseeable, the completed form must be submitted to Human Resources at least thirty (30) days prior to the commencement of the leave. If, due to unforeseeable circumstances, it is impossible to give a full thirty (30) days notice, as much advance notice as possible is still required.

    Failure to comply with the above notice requirements may delay the onset of an employee’s FML leave for a period of up to thirty (30) days.

    Human Resources will provide a written Notice of Eligibility and Rights & Responsibilities Form to the employee within five (5) business days when either 1) the Family Medical Leave Request for Leave Form is received, 2) a verbal request for FML is made by the employee, or 3) the Department acquires sufficient knowledge that an employee’s absences may be for an FML qualifying reason. In cases such as those highlighted under item 3) above the department should notify HR within twenty–four (24) hours.

  2. It is the employee’s responsibility to provide the appropriate Certification Form within fifteen (15) calendar days of receipt of the Notice of Eligibility and Rights & Responsibilities Form. The Certification of Health Care Provider Form is not required for the placement of a child for adoption or foster care; however documentation for the event will be required.   The Certification Forms, provided with the Notice of Eligibility and Rights & Responsibilities Form, are also available from the College Human Resources.Failure to provide a completed Certification Form within the required time period may delay the onset of FML leave or result in a denial of FML. Human Resources will notify the Department and employee whether the leave has been approved or denied with a Designation Notice form within five (5) business days of receiving sufficient information to make the FML determination.

    Employees may authorize a Human Resources representative to contact their health care provider to authenticate and clarify any information provided in the Certification Form (Note: Employees can choose whether or not to authorize this action through the Family Medical Leave Request for Leave Form). If deficiencies are found on an employee’s Certification Form, Human Resources will contact the Employee and give them seven (7) calendar days, beginning the day after Human Resources contacts the employee, to clear any deficiencies as indicated through the provided Designation

    Notice. Deficiencies may include an incomplete Certification Form or the need for additional information and clarification by the employee’s health care provider. In some cases where the employee has authorized Human Resources to contact their health care provider, Human Resources may contact the employee’s health care provider directly to resolve any deficiencies.

    The College may require other medical opinions for determining eligibility under the provisions of this section. If Human Resources reasonably doubts the initial Certification Form provided by an employee, Human Resources may require an examination by a second health care provider at the College’s expense. If the second health care provider’s opinion conflicts with the original certification, Human Resources, again at the College’s expense, may require a third, mutually agreed on, health care provider to conduct an examination and provide a final and binding opinion. The College may require subsequent medical re-certification on a reasonable basis. All medical information related to FML will be considered confidential and available only to those with a legitimate need to know.

  3. Recertification is required for intermittent leave requests of more than six (6) months of leave time per Certification Form. When an employee is aware of the continuing need for intermittent leave, he or she must submit an updated Certification Form to Human Resources prior to expiration of the current Certification Form. A Recertification may also be requested if 1) an employee requests an extension of continuous leave; 2) circumstances described by the previous Certification Form change (e.g. duration or frequency of absence, nature or severity of the illness, complications, a pattern of using unscheduled leave with scheduled days off); or 3) Human Resources receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification. When asked to submit an updated Certification Form for recertification the updated Certification Form must be returned to Human Resources within fifteen (15) calendar days of the request.
  4.  In addition to providing Human Resources with a new Certification Form (Recertification) every six (6) months for those intermittent leave requests of more than six (6) months, individuals approved for intermittent leave must also provide Human Resources with an Annual Certification at the anniversary of their initial request for leave date. Human Resources will be in contact with the employee prior to their recertification and annual certification deadlines and assist the employee with this portion of the process.
  5. When an employee returns from FML, the College will attempt to return the employee to the position held prior to the leave. If this is not possible, the employee will be placed in an equivalent position with equivalent pay, benefits and other terms and conditions of employment. If there are reductions in force while the employee is on FML, and the employee would have otherwise been included in those reductions had the employee remained, the employee loses their right to return to that position.
  6. Salaried employees in the highest paid ten percent of the College’s work force may be denied reinstatement in their positions if it is shown that it would cause grievous economic harm to the College.
  7. The employee will be responsible for paying his or her share of the health insurance premium for the insurance to remain in effect during a FML. If an employee chooses not to return to work from unpaid leave for reasons other than a continued serious health condition, or other circumstances beyond the employee’s control, the employee will be liable for health insurance premiums paid by the College during the time of the FML.
  8. When employees return from leave due to their own serious health condition they are required to notify their department that they will be returning to work forty-eight (48) hours prior to their date of return so that proper planning may occur. Additionally, employees must provide a completed Return to Work Certification Form or provide an equivalent statement from their health care provider to Human Resources upon their return. Employees who fail to provide the Return to Work Certification form may not be permitted to resume work until this form is provided. Employees returning for all other FML events are required to provide only Section I. of the form.
  9. In some instances an employee’s FML case may also be covered by the Americans with Disabilities Act (ADA). Human Resources will review these situations on a case-by-case basis. Employees should notify Human Resources with any requests for accommodations, restrictions or reassignment and Human Resources will work with the employee, department, and Human Resources to meet employee needs.
  10. When an employee has exhausted all FML and accrued paid leave and is unable to return to work, Human Resources will work with the employee and the department for an employment status review of options which may include termination.

 

IV. Definitions

For the purpose of this Policy, the following definitions, unless noted otherwise apply:

  1. Rolling Calendar Year – An eligible employee is entitled to up to twelve weeks of leave per year, with year defined as a “rolling” twelve month period.Each time an employee takes FML leave the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months.
  2. Department – Any college department or office including faculty.
  3. Spouse ‑ Is defined in accordance with applicable State Law.
  4. Parent ‑ Includes biological parents and individuals who acted as the employee’s parents.
  5. Son or Daughter ‑ Includes biological, adopted or foster children, stepchildren, legal wards, and other persons for whom the employee acts in the capacity of a parent who are under eighteen (18) years of age. Children eighteen (18) years of age or older, but incapable of self care because of a mental or physical disability are within the meaning of the definition.
  6. In Loco Parentis – A child under the FMLA includes not only a biological or adopted child, but also a foster child, stepchild, a legal ward, or a child of a person standing in loco parentis. The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for and financially support a child. Employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FML leave.
  7. Serious Health Condition ‑ Any illness, injury, impairment, physical or mental condition that involves: a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider.
    1. Incapacity and treatment – Incapacity period of more than three (3) consecutive calendar days and subsequent treatment or incapacity related to the condition. The subsequent treatments must be needed within thirty (30) days of the first day of incapacity and an in-patient visit to a health care provider must occur within seven (7) days of the first day of incapacity, or
    2. Pregnancy or prenatal care and absences due to the condition; or
    3. Chronic conditions – a condition that requires periodic visits for treatment at least twice per year by a health care provider , continues over an extended period of time, and could cause episodic incapacity (e.g., asthma, diabetes, epilepsy) and absences due to the condition ; or
    4. Permanent or long-term conditions – a period of incapacity due to a condition for which treatment may not be effective.   (e.g., Alzheimer’s, a sever stroke, or the terminal stages of a disease); or
    5. Conditions requiring multiple treatments – any period of absence to receive multiple treatments by a health care provider for 1) restorative surgery; or 2) a condition that would likely result in a period of incapacity of more than 3 consecutive days if not treated, such as cancer (chemotherapy, radiation), severe arthritis (physical therapy), or kidney disease (dialysis).
  8. Health Care Provider ‑ licensed medical doctors and osteopaths, podiatrists, dentists, clinical psychologists and clinical social workers, physician assistants, optometrists or chiropractors authorized to practice in the State, nurse practitioners and nurse‑midwives authorized under State law and Christian Science practitioners.
  9. The phrase “needed to care for a family member or covered service member” encompasses: 1) physical and\or psychological care; and 2) when the employee is needed to fill in for another person providing care or to arrange for third party care of the family member or 3) intermittent or reduced schedule leave may be used because other care is normally available for the family member.
  10. The phrase “unable to perform the functions of his/her job” ‑ means an employee is: 1) unable to work at all or 2) unable to perform any one of the essential functions of his/her position. The term “function” means “the essential job duties of the employment position” and does not include the marginal functions of the position.
  11. Serious Injury or Illness for a Covered Veteran – A serious injury or illness for a covered veteran means an injury or illness that was incurred or aggravated by the member in the line of duty in the Armed Forces and manifested itself before or after the member became a veteran, and is:
    1. A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating; or
    2. A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of fifty (50) percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; or
    3. A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or
    4. An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
March 5th, 2010|Leave of Absence|

4.03 Sick Leave

Sick leave is earned at the rate of one (1) working day per month of service with a maximum accumulation of sixty (60) days. Part-time employees who work 20 hours a week or less accumulate sick leave at the rate of one-half (1/2) working day per month of service with a maximum accumulation of sixty (60) days.

Sick leave can be used for recovery for a personal illness, recuperation following birth (see Family and Medical Leave Policy), and/or caring for an ill immediate family member. Immediate family member is defined as an employee’s child, spouse, or parent (see Family and Medical Leave Policy for more information). McPherson College realizes that unforeseen circumstances may arise and prevent an employee’s ability to report to work. Thus two (2) sick days per year can be used for personal time. Unavoidable circumstances could include weather conditions, automobile malfunction, etc.

Employees who are ill or due to an unforeseen situation are unable to report in accordance with their work schedule must notify their supervisor before, or as soon as possible after their scheduled start time.

Sick leave may not be used for grandparent assistance at the time of a birth of a child. In this situation vacation time must be utilized.

Sick leave does not accumulate to more than sixty (60) days, nor do employees under any circumstances receive pay in lieu of unused accrued sick leave. To receive holiday pay the day immediately before or after a holiday may not be taken as sick leave without special permission from the employee’s direct supervisor.

March 5th, 2010|Leave of Absence|

4.04 Military Leave

McPherson College is committed to protecting the job rights of employees absent due to military leave. It is the policy of McPherson College to comply with the Uniformed Services Employment and Reemployment Act of 1994 as amended (USSERRA) and all other applicable federal and state laws which protect job rights and benefits for veterans and members of the armed services. No employee or prospective employee will be subjected to any form of discrimination on the basis of membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under this policy.

  • Temporary (two-week) Military Leave: In addition to the rights and benefits provided to employees taking Extended Military Leave (as described in this policy), eligible employees who must be absent from their job for a period of not more than ten (10) working days each year in order to participate in temporary military duty are entitled to as many as ten (10) days unpaid military leave. All benefits will continue during an employee’s temporary military leave.
  • Extended Military Leave: Employees directed to participate in extended military duties in the U.S. Armed Forces that exceed ten (10) working days will be placed on an unpaid military leave of absence status for a period of as long as five (5) years and will be entitled to the rights and benefits described below, subject to the procedures outlined below.

Procedures

  1. The employee will provide his or her immediate supervisor with notice that the employee will be engaging in military service, including, where feasible, a copy of the orders directing the military duty, unless the employee is prevented from doing so by military necessity. Employees are requested to provide such notice within 30 day of active military service when feasib
  2. To request a temporary or extended military leave of absence, the employee should, unless prevented from doing so by military necessity, obtain a Request of Leave of Absence Form from Human Resourc
  3. Human Resources will review and sign the Request for Leave of Absence Form, collect any applicable insurance premiums from the employee, and process accordingly.
  4. Employees on temporary or extended military leave may, at their option, use any or all accrued paid vacation during their absence.
  5. When the employee intends to return to work, he or she must make application for reemployment to Human Resources within the application period set forth below.
  6. If the employee does not return to work, the supervisor must notify Human Resources so that appropriate action may be taken.

Benefits

If an employee is absent from work due to military service, benefits will continue as follows:

  • An employee on extended military leave may elect to continue group health insurance coverage for the employee and covered dependents under the same terms and conditions for a period not to exceed 31 days from the date the military lave of absence begins. The employee must pay, per pay period, the premium normally paid by the employee. After the initial 31 day period, the employee and covered dependents can continue group health insurance up to 24 months at 102% of the overall premium rate. Beginning after the first 31 days of military leave, group health insurance coverage for an employee and/or an employee’s covered dependents will run concurrently with applicable health insurance coverage under COBRA.
  • The group term life/AD&D insurance provided by the College will terminate the day the employee begins active military duty.
  • The group long term disability insurance provided by the College will terminate the day the employee begins active military duty.
  • Employees do not accrue vacation or sick leave while on military leave of absence status.
  • With respect to the College’s retirement plan, upon reemployment, the employee may elect to make any or all employee contributions that the employee would have been eligible to make had the employee’s service not been interrupted by active duty military service. Such contributions must be made within a period that begins with the employee’s reemployment and is not greater in duration than three times the length of the employee’s military service.

Reemployment

Upon an employee’s prompt application for reemployment (as defined below), an employee will be reinstated to employment in the following manner depending upon the employee’s period of military service:

  • Less than 91 day of military service
    • in a position that the employee would have attained if employment had not been interrupted by military service; or
    • if found not qualified for such position after reasonable efforts by the College, in the position in which the employee had been employed prior to military service.
  • More than 90 days and less then 5 years of military service
    • in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status, and pay, the duties of which the employee is qualified to perform;
    • if proved not qualified after reasonable efforts by the College, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.
  • Employee with a service connected disability – if after reasonable accommodation efforts by the employer, and employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in:
    • any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by the College; or
    • if no such position exists, in the nearest approximation consistent with the circumstances of the employee’s situation.

Application for Reemployment

An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment according to the following schedule:

  • If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) – the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee’s residence.
  • If service is for 31 days or more but less than 180 days – the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service.
  • If service is over 180 days – the employee must submit an application for reemployment withnHuman Resources no later than 90 days following the completion of service.
  • If the employee is hospitalized or convalescing from a service-connected injury – the employee must submit an application for reemployment with Human Resources no later than two years following completion of service.

Exceptions to Reemployment

In addition to the employee’s failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist:

  • The College’s circumstances have so changed to make reemployment impossible or unreasonable.
  • The employee’s employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely for a significant period.
  • The employee did not receive an honorable discharge from military service.

General Benefits Upon Reemployment

Employees reemployed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed. In addition, an employee’s time spent on active military duty will be counted toward their eligibility for FMLA leave once they return to their job at McPherson College.

If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact the Human Resource department.

March 5th, 2010|Leave of Absence|

4.05 Domestic Violence

In accordance with Kansas statute HB2928 McPherson College will not discharge, discriminate, or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off of work to:

  • Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or the victim’s child or children;
  • Seek medical attention for injuries caused by domestic violence or sexual assault;
  • Obtain services from a domestic violence shelter, domestic violence program, or rape crisis center as a result of domestic violence or sexual assault; or
  • Make court appearances in the aftermath of domestic violence or sexual assault.

Notice & Documentation

To take protected leave, the employee must give McPherson College reasonable advance notice of the employee’s intention to take time off by completing a Request for Leave of Absence form, unless such advance notice is not feasible. Within 48 hours after returning from the requested time off, the employee must provide documentation to support taking time off.

When an unscheduled absence occurs, the College will not take action against the employee if the employee, within 48 hours after the beginning of the unscheduled absence, provides certification to the employer in the form of the following:

  • A police report indicating that the employee was a victim of domestic violence or sexual assault;
  • A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or
  • Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, healthcare provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence or sexual assault.

Use of Leave

An employee on leave may use any vacation or sick time available, or if paid leave is unavailable to the employee, an employee may use unpaid leave of up to 8 days per calendar year.

Confidentiality

To the extent allowed by law, McPherson College will maintain the confidentiality of any employee requesting leave, as well as the confidentiality of any supporting documentation provided by the employee.

March 5th, 2010|Leave of Absence|

4.06 Administrative Leave of Absence

The college president, or in her/his absence the college president’s designee, may place any college staff member on paid or unpaid administrative leave of absence. An example of the president’s use of such authority could include placing an employee on paid administrative leave while conducting an internal investigation of allegations of a workplace violence incident or any other internal investigation.

The employee shall be notified of the reason s/he is being placed on an administrative leave of absence.

The college president shall collaborate with the Director of Human Resources and employee’s supervisor in such actions.

This leave of absence is not part of the progressive discipline system but outcomes of the leave may result in disciplinary action against said employee.

March 5th, 2010|Leave of Absence|

5.01 Benefit Overview/Disclaimer

Employees of McPherson College are provided a wide range of benefits. A number of the programs (Social Security, worker’s compensation, unemployment) cover all employees in the manner prescribed by law.

For the purpose of voluntary benefits, staff working at least half-time (1040 hours annually) are eligible for benefits in most circumstances. The long term disability benefit is provided for employees working at least three quarter time (1560 hours annually).

The following benefit programs are available to eligible employees:

  • Medical Insurance
  • Dental Insurance
  • Vision Insurance
  • Life Insurance
  • Long Term Disability
  • Retirement 403(b)
  • Flexible Spending Account
  • Vacation
  • Sick Time
  • Holiday
  • Bereavement
  • Tuition Waiver
  • Employee Assistance Program
  • Supplemental Insurances

For exempt employees most benefits become effective the first of the month following date of hire, or immediately if the date of hire is the first of the month. For non-exempt (hourly) employees most benefits become effective the first of the month following the 60 day Introductory Period. However, both exempt and non-exempt employees are eligible for the retirement 403(b) and long term disability plan on the first of the month following one year of employment.

March 4th, 2010|Employee Benefits|

5.02 Paid Holidays

Employees who work a minimum of 20 hours per week, for at least 9 months per year, are eligible for holiday pay. Employees with a non-traditional workweek (ex: 4 5-hour days) that are not scheduled to work on the holiday, will receive holiday pay based on the number of hours they are scheduled to work per week.

McPherson College recognizes these holidays annually. They are as follows:

  • Fourth of July
  • Wednesday before Thanksgiving
  • Thanksgiving
  • Friday following Thanksgiving
  • Christmas Eve
  • Christmas Day
  • New Year’s Day
  • Good Friday
  • McPherson County All School’s Day
  • Memorial Day
  • Additional days to be determined by the administration (ex: days between Christmas and New Year’s Day)

A complete schedule of the designated holidays is distributed annually.

Holidays that fall on a Saturday are observed the preceding Friday, and holidays that fall on a Sunday are observed the following Monday.

In order to be eligible to receive holiday pay, the employee is required to work their regularly scheduled hours the workday preceding and the workday following the holiday unless on an approved vacation or sick leave. For purposes of this policy, a multi-day holiday shall be considered one holiday period.

Working on a Holiday

In certain circumstances workload may necessitate that an employee work on an observed holiday. A regular, non-exempt employee required to work on a holiday will receive 1 ½ times their regular rate per hour for hours actually worked, plus holiday pay at the regular rate of pay.

March 4th, 2010|Employee Benefits|

5.03 Paid Vacation

All full-time and part-time staff of McPherson College are eligible for the paid vacation benefit as provided in this section. Date of eligibility and amount of vacation to which an employee is entitled depends upon the employee classification and length of service as follows:

All exempt employees begin accruing vacation time on the date of hire. All non-exempt employees begin accruing vacation time after the 60 day introductory period. The vacation allowance for all non- administrative staff employees is determined by the length of credited service accumulated through July1st of each year as shown below:

Year of Service Completed Annual Vacation
0-4 10 days (accrues at .83 days per month)
5-9 15 days (accrues at 1.25 days per month)
10+ 20 days (accrues at 1.67 days per month)

 

Exempt staff, who were reclassified to non-exempt due to the May 18, 2016, Department of Labor (DOL) OT regulations, will retain 20 days of vacation per year for 12 month positions, 18 days for 11 month positions, 16.5 for 10 month positions and 15 days for 9 month positions.

Administrative staff are eligible for 20 days of vacation per year (15 days for 9 month contracts, 16.5 days for 10-month contracts, and 18 days for 11 month contracts).

All vacation allowance is credited to the employee on July 1st of each year. Vacation days must be taken during the twelve-month period ending June 30th, as vacation days may not be accumulated from one year to the next. When necessary for business operations, departments may specify certain periods during which no vacations shall be taken.

Vacations are to be scheduled in advance and approved by the department supervisor. If a paid holiday falls within a scheduled vacation period, the day will be treated as a holiday rather than vacation time. Employees do not have the option of receiving vacation pay in lieu of vacation time. As a vacation day is actually taken, an employee will receive their usual and customary wage for that day less usual and customary withholdings on their next regularly scheduled pay date. If employment is terminated while an employee is on vacation, only the vacation days prior to the termination date shall be paid.

If an employee leaves the College and has taken more vacation days than accrued, there will be a corresponding adjustment on the final paycheck. Unused vacation will not be paid upon termination, with or without cause, voluntary or involuntary.

Except for vacation days actually taken, vacation time shall never be deemed to have vested in any employee for any reason and will not be cashed-out or rolled-over. This vacation benefit is a use-it-or-lose it benefit.

July 30th, 2015|Employee Benefits|

5.035 Vacation Pool

To assist college staff, who have endured a hardship, unused vacation hours/days may be donated by college staff towards a vacation pool, administered by the director of human resources. An employee may apply for paid time, either in hours or days, from the vacation pool to the director of human resources. The staff members, who are appointed by the college president and serve on the college Personnel Committee, along with the employee’s supervisor, may make the determination if the employee is eligible or not eligible. The director of human resources will notify the requesting employee.
The director of human resources shall make a request to college staff members for donations to the pool whenever an employee makes a request.

July 1st, 2015|Employee Benefits|

5.04 Workers Compensation

McPherson College complies with state laws requiring Workers’ Compensation coverage. In the event an employee incurs an injury covered by Workers’ Compensation, the amount of benefits payable and the duration of payment depend upon the nature of the injury or illness. If an employee is injured or has a work-related illness while on the job, they must immediately report the injury/illness to their supervisor and the human resource department so the College can assist the employee in contacting the Workers’ Compensation insurance carrier.

March 4th, 2010|Employee Benefits|

5.05 Jury Duty

In the event an employee is summoned for jury duty they will, regardless of exempt or non-exempt status, be excused from work to attend to this duty and receive their regular work pay. “Regular work pay” does not include overtime compensation. Employees are expected to return to work on any day that jury service takes less than the entire working day.

Upon receiving a jury duty summons, the supervisor should be notified as far in advance as possible, so proper arrangements can be made to cover work duties.

March 4th, 2010|Employee Benefits|

5.06 Bereavement Leave

In the event of the death of an immediate family member, the employee is allowed a maximum of three days bereavement leave with pay. Immediate family is defined as spouse, children, parents, brothers, sisters, grandparents, and parents-in-law.

For attendance at a funeral for the death of a non-immediate family member or friend, permission is granted for up to two hours of funeral leave with pay. For absences of more than one day, employees may use vacation days if available.

March 4th, 2010|Employee Benefits|

5.07 Voting

All College employees are encouraged to exercise their voting rights at all national, state, and local elections. Work schedules will normally permit adequate time for employees to exercise their voting rights, either before or after normal working hours, or during the employee’s lunch hour. When this is not possible, employees may be excused from regular duties for up to two hours with pay. More than two hours will be allowed if necessary, but the employee will need to utilize their vacation time.

March 4th, 2010|Employee Benefits|

5.08 Insurance Programs

Section 125 Plan

Section 125 of the Internal Revenue Code allowed McPherson College to establish an employee benefit plan whereby employees can choose among various benefits and purchase the benefits through deductions from pay on a pre-tax basis. The employee receives the selected benefits free of federal and state income taxes and social security taxes. The plan year begins January 1st annually. Enrollment in the insurance programs can occur within 30 days of hire or 30 days after the introductory period if applicable, within 30 days of a qualifying event, and during annual open enrollment (November). Additional information regarding each insurance plan is available in the human resource office. These benefits are subject to termination or change at any time.

Medical Insurance

Participation in a medical insurance coverage program is available to all employees working at least one- half time. Premiums for this coverage are paid monthly. The College and the employee each pay a portion of the health insurance premium. Eligible persons working less than full-time are eligible for premium contributions from the College on a pro rata basis. The employee contribution is paid through monthly payroll deductions.

The employee may select single coverage, employee and spouse coverage, employee and children coverage, family coverage, or decline coverage. A benefits summary and a list of premium prices for each plan are provided annually during open enrollment or can be obtained by contacting the Human Resource office.

Life Insurance

The College provides each employee who works at least half-time (1080 hours) with a $10,000 group term life insurance policy. A newly hired employee is guaranteed the right to the life insurance policy regardless of any health issue or concern if enrolled within 31 days of hire date.

Dental Insurance

All regular employees are eligible for dental insurance. All dental insurance premiums are paid by the employee through payroll deductions. Detailed information about dental insurance coverage and premiums is available in the Human Resource office.

Vision Insurance

All regular employees are eligible for vision insurance. All vision insurance premiums are paid by the employee through payroll deductions. Detailed information about vision insurance coverage and premiums is available in the Human Resource office.

Supplemental Insurance

Supplemental benefits could include accident, cancer, specific event, and intensive care insurance and short-term disability. This is not an all-inclusive list and is subject to change at any time dependent upon benefits negotiations.

March 4th, 2010|Employee Benefits|

5.09 Long-Term Disability

McPherson College employees who work at least three quarter time (1560 hours) are eligible to be enrolled in the long term disability plan after completing one year of employment. In the event that an employee is totally disabled, they may apply for monthly income benefits that will begin the first day of the third full month of disability. The benefit is based on a percentage of monthly salary. Claims for disability are filed with the insurance carrier. The full cost of coverage is paid by the College.

The insurance company underwriting and administering this coverage will be solely responsible for any disability determination or decision. All claims are determined by the insurance company, not McPherson College.

March 4th, 2010|Employee Benefits|

5.10 Flexible Spending Accounts

The College provides a program whereby employees have a flexible and convenient method to use tax- sheltered dollars to pay for their personal share of healthcare and/or child and dependent care expenses. These two benefit options are called Flexible Spending Accounts (FSAs). They are designed to increase the employee’s disposable income by reducing the amount of taxes the employee pays.

The FSA has a plan year of January 1st to December 31st. Upon enrollment in one of the FSA plans, the employee will choose the specific amount of their annual salary that will be withheld from each paycheck and deposited into an FSA. These withholdings are on a pre-tax basis (before federal and state income taxes).

Newly hired College staff may enroll within 30 days of hire for exempt employees or within 30 days of completion of the introductory period for non-exempt employees. Current employees are eligible to enroll during the annual open enrollment period or for 30 days following a qualifying event.

Employees should be aware that according to IRS provisions, funds left in the account at year end are not refundable to the employee.

Detailed information concerning flexible spending accounts is available in the Human Resource office

March 4th, 2010|Employee Benefits|

5.11 Employee Assistance Program

An employee in need of this benefit may contact the Human Resources office.

 

Employee Assistance Program at MC (pdf)

March 4th, 2010|Employee Benefits|

5.12 Retirement Plan

The following is a brief outline of the College’s Retirement Plan, refer to the Summary Plan Description for further detail regarding the Plan. To receive a complete description of the Plan the employee can request a copy of the Summary Plan Description from the Human Resource office.

The McPherson College Retirement Plan is a defined contribution plan that operates under Section 403(b) of the Internal Revenue Code. The College offers two investment companies to choose from: Teachers Insurance Annuity Association/College Retirement Equities Fund (TIAA/CREF) and/or Lincoln Financial Services.

All full-time and part-time regular employees are eligible for enrollment in the retirement plan. Eligibility for employer contributions begins the first of the month following one year of employment. The College contributes an amount equivalent to 10% of the employee’s base pay with benefits payable to the employee at retirement or termination of employment. The employee is fully and immediately vested in the benefits arising from contributions made under this Plan.

Supplemental retirement annuity programs are also available for employees. Lincoln Financial also provides the option for a ROTH 403(b) retirement account.

March 4th, 2010|Employee Benefits|

5.13 Campus Benefits

The following is an overview of additional employee benefits offered to McPherson College employees:

  • Fitness Center – Gym equipment and a full service weight room are available on campus.
  • Library Services – Access to all library services at McPherson College Miller library.
  • Campus Events – Free admittance into campus events with identification card (athletics, theater, concerts, etc.)
  • Dining Hall – Meals at the dining hall
March 4th, 2010|Employee Benefits|

5.14 Tuition Waiver

Purpose:

The College recognizes the valuable contribution that each employee can make in carrying forward its mission and wishes to provide special encouragement to employees, their spouses, and their children to study on campus. Accordingly, the College will provide tuition waivers as outlined in this policy.

In addition to waivers for study at McPherson College, the College has entered into multiple tuition exchange agreements that may be attractive to certain employees or dependents (See the Financial Aid office for a list of the applicable agreements and/or institutions). The College cannot guarantee the continued availability of such exchange agreements, but will make a good faith effort to maintain or create such agreements in the future.

Base Benefit:

Each full-time employee (faculty; exempt and non-exempt staff), and their spouse is eligible for the tuition waiver. In addition, the employee’s children and stepchildren, up to the age of 24, are also eligible. For the purpose of this policy, foster children and children for whom the employee is the guardian are not eligible. The benefit, as detailed in the following table, is available immediately upon beginning employment with the College (or in the case of non-exempt employees, at the satisfactory conclusion of the introductory period). The tuition benefit ends on the date employment ends.

Qualification Period Percentage Rate of Waiver
First Year 25%
Second Year 50%
Third Year 75%
Fourth Year 100%

 

Part Time Employees:

An employee working at least halftime but less than full-time is also eligible for partial tuition awards. The amount of the waiver is the ratio of hours scheduled in their letter of employment, divided by 2080 multiplied by the Percentage Rate of Waiver and then multiplied times the amount of tuition due after the application of available federal and state awards (2080 hours constitute full time annual employment).

For example, an employee working for 1040 hours annually would be considered one-half-time, and would be eligible for a tuition waiver equal to 50% times the Percentage Rate of Waiver, multiplied times the tuition due.

Application For Tuition Waiver:

To be eligible for the tuition waiver, the prospective student must complete the Free Application for Federal Student Aid by the date requested by the College (currently March 1 of each year) and take any other steps necessary to become eligible for and/or receive available federal and state grants. (See the Admissions and Financial Aid Office for assistance with the necessary applications).

Other Information:

All full-time students, except those with dependents who live with them, married students, or students who are at least 23 years of age on the first day of classes for a given semester, are expected to live on the McPherson College campus and participate in the College meal plan. As such tuition waivers are based on full-time students living in campus housing. Students that qualify for tuition waivers that choose to live off campus will receive a reduction in institutional awards consistent with the reduction applied to all other students.

The tuition awards apply to eligible persons, even if they have received a baccalaureate degree. Tuition awards apply to summer sessions and degree completion courses that are offered by McPherson College. However, the College reserves the right to cancel courses that do not have the necessary minimum number of paying students and courses offered by appointment are excluded from the tuition waiver benefit.

The tuition waiver award will be applied to a student’s bill after all federal and state grants have been recognized and applied.

For purposes of recognizing the accomplishments of prospective students, the College may designate the Tuition Award as any applicable College awards (Brethren, Academic, Athletic, Fine Arts, etc.). Such designations are within the total amount of the eligible Tuition Waiver award.

Any exception to the above policy must be approved in writing by the President of the College. To be effective, copies of any written approval from the President must be on file in the Business Office and the Financial Aid Office.

The tuition benefit does not apply to persons on the student payroll.

Surviving Dependent Tuition Waiver:

In the event of the death of an active employee of the College, the tuition waiver will be extended to the employee’s surviving spouse and children subject to the conditions described in the Tuition Waiver Benefit Policy and the following conditions.

  • The benefit will apply to surviving children until they reach the age of 24 years at which time the benefit expires.
  • The benefit is also available to the surviving spouse for ten (10) years following the death of the employee of the college.
  • This death benefit applies only to enrollment at McPherson College; it does not extend to other institutions participating in tuition exchange agreements.

This policy was amended February 15, 2008.

February 15th, 2008|Employee Benefits|

5.15 Moving Expenses

The College will consider assisting in relocation expenses for faculty moving to the McPherson area from longer distances.  The College will pay the first $1,000 of documented moving expenses and half of the second $1,000.  The maximum reimbursement for moving expenses is $1,500.  There is no relocation assistance for non-faculty hires.

The HR Director or representative is the only person authorized to convey the amount of relocation allocation assistance to new hires.  To receive reimbursement for relocation expenses, original, itemized receipts for moving expenses are to be submitted to the Human Resource office for processing.

March 4th, 2010|Employee Benefits|

5.16 Unemployment Compensation

If employment with the College ceases employees under certain circumstances may be entitled to unemployment compensation. Former employees may apply to the appropriate office of the Kansas Department of Human Resources for any such compensation to which they are legally entitled.

March 4th, 2010|Employee Benefits|

6.01 Keys

Key Issuance

  1. Employees will be issued keys to their office, work area, and outside buildings as appropriate.
  2. A Key Request Form must be completed before keys will be issu The form requires the department chair/immediate supervisor signature and a designated administrator signature.
  3. After receiving appropriate approval the Key Request Form should be sent to Facility Management by the departmental chairperson/immediate supervisor or designated administrato The employee requesting keys cannot submit the Key Request Form.
  4. After receipt of the Key Request Form, keys will be issu The requesting employee must sign and pick up the keys at the Facility Management Office.

Lost Keys

  1. Replacement keys must be requested using the above Key Issuance procedu
  2. Each lost key will incur a replacement charge that will be deducted from the employee’s paycheck or charged to a student’s account in the following manner:
    1. $60 per non-master key
    2. $200 per master key

Returning Keys

  1. 1. The person to whom the key(s) were originally issued must return the keys to the Facility Management office at the end of the school year (students only) or at termination of employment.
  2.  If keys are not returned the employee or student will be charged in accordance with the lost key policy detailed abov

Safety

  1. For campus safety reasons individuals that have been issued keys are advised not to loan keys to o Keys are only intended for the use of the individual to which they have been issued.
  2. All keys are considered property of McPherson College and therefore it is unlawful to duplicate key
March 3rd, 2010|Employment Procedures|

6.02 Identification Cards

All McPherson College employees are issued identification cards upon employment. The identification card may be used for admission to most college produced athletic, theater, and music activities. The ID card also serves as a library card enabling employees to utilize library services.

The ID card can also be used to pay for meals in the cafeteria. To use the ID card as a means of meal payment the meals must be paid for in advance. Payment is submitted to the cafeteria and applied to the respective account.

Identification cards are issued through the Student Services office in Mohler Hall. ID photos are taken by appointment through the Communications Department.

March 3rd, 2010|Employment Procedures|

6.03 Copy & Print

Self-service copiers are available in the following locations on campus:

  • Mohler Hall first floor
  • Mohler Hall second floor
  • Templeton Hall
  • Miller Library
  • Hess Fine Arts
  • Melhorn
  • Beeghly Hall

Copy code numbers are available from Department Chairs, Department Heads, and the Business Office. A VendCard for the Miller Library copier may be requested at the Public Services Desk.

For printing and copying projects beyond the scope of the department contact that Marketing & Communications Department for assistance.

March 3rd, 2010|Employment Procedures|

6.04 Facility Management

All Facility Management employees, including student employees, are under the general supervision of the Director of Facility Management. Faculty and staff are encouraged to provide the Facility Management Department with written suggestions concerning the general care of the facilities in which they are located and/or in which they perform their job functions.

Particular needs, as well as irregularities and malfunctions in campus buildings should be reported by email to the Director of Facility Management or by calling the Facility Management Office at extension 2470.

March 3rd, 2010|Employment Procedures|

6.05 Heating & Cooling

Each year during the transitional seasons of spring and fall, McPherson College must perform a switch from heating to cooling mode (or vice versa) in several buildings. This process is necessary because the piping systems within the affected buildings cannot provide heating and cooling capabilities simultaneously.

The manual changeover generally takes 24 work hours (3 days) to complete and is performed when the temperature predictions indicate a semi-permanent change for the season.

The campus buildings that are affected by the changeover are:

  • Brown Auditorium/Friendship Hall
  • Dotzour Hall
  • Hess Fine Arts (basement only)
  • Metzler Hall
  • Miller Library
  • Mohler Hall
  • Hoffman Student Union

Typically, the heating/cooling changeover occurs in the spring during the last half of April and the changeover in the fall occurs during the last half of October. Due to wide temperature variances there will be times during these transitional periods when one or more of the affected buildings will feel uncomfortable.

The College administration makes every effort to plan the heating/cooling changeover to cause the least amount of discomfort within the buildings, but unseasonable weather fluctuations can make this a difficult task. Please note that once a building has been switched over for a season it will remain in that state until the next seasonal changeover. Faculty, staff, and student understanding with this matter is greatly appreciated.

March 3rd, 2010|Employment Procedures|

6.06 Phone System

The College Human Resource department maintains faculty and staff phone directories. McPherson College phone directories can be accessed online at www.mcpherson.edu or dial “0” for the College switchboard for directory information for students, faculty, and staff.

College employees must notify the human resource department and switchboard personnel of changes in office location and/or phone number.

The campus is equipped with a Mitel digital switching system that provides a full range of features for users. The voicemail system is available for each extension. Requests for voicemail should be made through Facility Management.

Long distance calling requires an authorization number. The Business Office issues access numbers and instructions.

March 3rd, 2010|Employment Procedures|

6.07 Library Services

Miller Library is committed to supporting faculty, staff, and students in their classroom activities, independent research, personal development, and cultural and societal studies and to helping all students achieve information literacy, in general and in their specific areas of study. All staff members are therefore, entitled and encouraged to make full use of the resources and services available.

The McPherson College identification cards will permit you to borrow all circulating materials under the same policies applicable to students. All online resources are accessible on campus computers and off- campus by using your email address and password. Also, interlibrary loan and reference services are available. Please ask for assistance in Miller Library and/or consult the Miller Library web pages for additional information

March 3rd, 2010|Employment Procedures|

6.08 Vehicle Rental

Policy

McPherson College employees may rent vehicles for College business when other means of transportation are not practical, economical, or available. The Facility Management, Admissions and Athletics make arrangements for all College vehicle rentals. This is done to ensure the College receives appropriate rental conditions and that liability, insurance, and safety issues are addressed.

For vehicles with a capacity of 8 or more please refer to the 15 Passenger Van policy. Any exceptions to the Vehicle Rental policy and procedure must be approved in advance by the Vice President for Finance.

Refer to Administrative Policy 3.15 Risk Management Policies for further clarification to this policy.

Procedure

When renting a vehicle for College business, the renting driver must meet and adhere to the following guidelines:

  1. Be 21 years of age to operate cars or vans with a capacity of less than 8 passengers. For vehicles with a capacity of 8 or more please refer to the 15 Passenger Van policy.
  2. Possess a valid driver’s license and allow Facility Management to review and make a copy of the license for its records. Review of driver’s license may be requested before the rental request is processed as the rental company may need to review the document.
  3. Requests for vehicles should be made by email to the Facilities Management Department.
  4. Requests should be made 5 working days in advance of the vehicle pick up date. Requests made after this time could result in the lack of availability of a vehicle.
  5. Sign for the vehicle at the time of pick up. Vehicles may be picked up Monday through Friday, 8 am to 12 pm and 1 pm to 5 pm. Please note that for weekend rentals, the vehicle must be picked up by 4 pm on Friday.

When returning the vehicle, the driver must insure the following:

  1. The vehicle is full of fuel.
  2. The interior of the vehicle is clean of all trash, cups, and food.
  3. Report any damage and/or mechanical problems to the Facility Management department.

 

March 3rd, 2010|Employment Procedures|

6.09 15-Passenger Van Rental

Purpose

This policy is established to prevent increased risk of accidents or injuries associated with the use of 15 passenger vans, noted in recent research and warnings issued by the National Highway Traffic Safety Administration (NHTSA). These warnings indicate that 15 passenger vans from all domestic manufacturers have a significantly increased risk of roll-over than other vehicles under certain driving and occupancy conditions. A 15 passenger van is a van with seating for 15 passengers; this includes the driver (driver + 14 passengers).

Policy

The College will require certain precautions and enforce certain restrictions on the use of 15 passenger vans consistent with NHTSA warnings in order to reduce the risk of accidents or injuries associated with their use.

Refer to Administrative Policy 3.15 Risk Management Policies for further clarification to this policy.

Limitations on Use:

  1. Driving Limited to Employees: Drivers must be 21 years of age or older, current employees of the College, possess a valid state driver’s license, have a safe driving record and successfully complete an MC-required training program for driving 15 passenger vans. Student employees are prohibited from operating 15 passenger vans.
  2. Passengers: Passengers are normally limited to persons who are 18 years of age or older and are employees, students of the College, or other individuals on official College business. Exceptions to the age restriction are made for students of the College who are under the age of 18.
  3. Training: The completion of 15 passenger van written test must be completed prior to the use of a 15 passenger van. The goal of the course will be to familiarize drivers with this policy, as well as provide practical instruction on the handling characteristics of 15 passenger vans, proper backing, braking, obstacle avoidance and return to road technique if a wheel drops off the roadway. The training will consist of satisfactory completion of a written examine.
  4. Safe Driving Record: A safe driving record generally means no suspensions or revocations within the past 2 years, and no accidents for which the operator was cited.
  5. Vehicle: The use of 15 passenger vans built after 2008 is highly recommended as most newer models have incorporated the use of stabilizers.

Operating Restrictions:

  1. Distance and Hours Restrictions: Fatigue is a primary factor in 15 passenger van accidents. High speed travel is also a major factor in 15 passenger van accidents. The use of 15 passenger vans should be limited to locations less than 2 hours from campus. Employees are not permitted to drive a 15 passenger van if by driving that 15 passenger van their workday will exceed 8 hours.  It is highly recommended that the use of a professional and/or bus is used for any distances greater than 2 hours or in the event where driving creates a workday greater than 8 hours. Night driving should be kept to a minimum.   Travel itineraries should avoid high speed and limited access highways where possible.
  2. Vehicle Occupancy: Occupancy is highly recommended not to exceed 12 passengers including the driver for trips that exceed 15 miles from campus or speeds in excess of 50 miles an hour.
  3. Vehicle Rental: All 15 passenger van rentals must be processed through the Facilities Management Office.
  4. Weather Restrictions: Poor weather is a major contributing factor in 15 passenger van accidents. Operation of 15 passenger vans during hazardous weather conditions is discouraged. Safe driving conditions are road conditions absent snow-cover, heavy rain, ice, fog, or forecasts predicting such conditions. If drivers already on the road are confronted by developing conditions such as these, the vehicle should be stopped in a safe location until conditions improve.
  5. Cell Phones: Drivers operating 15 passenger vans are prohibited from using cell phones while the vehicle is in operation.
  6. Seat Belt Requirement: The driver and all passengers must wear seat belts at all times while the vehicle is in operation.
  7. Load Evenly: Passengers will be seated from the front seats back. (If 10 passengers are riding, the first 10 seats will be occupied.) The roof will not be used for storage for any purpose. Keep luggage on the floor if at all possible.
  8. No Towing: 15 passenger vans are prohibited from towing a trailer.

 

PROCEDURE

Drivers:

  1. 15 Passenger Van Driving Test Completion: Drivers must complete a written test prior to the operation of a 15 passenger van.
  2. Visual Inspections Before Use: Prior to use, drivers are responsible for making a visual inspection of the mirrors, tires and other safety equipment of the vehicle.
  3. Mapping Routes: Drivers should take care to map routes when using 15 passenger vans to avoid limited access and other high speed highways whenever possible.
  4. Driver’s Record: Drivers of 15 passenger vans are expected to self-report suspensions or revocations of driving privileges by the Kansas Department of Transportation. The College will complete a national motor vehicle screen on each driver.
  5. Seat Belt Requirement: Drivers of 15 passenger vans are expected to visually confirm that all passengers properly secured by a seat belt
  6. Unsafe Operating Conditions: Drivers of 15 passenger vans should determine if an alternative mode of transportation exists when driving conditions are unsafe for a 15 passenger van to be used.

Facilities Management:

  1. Driving Test: Facilities Management will conduct a written driving test and provide records of completion to Human Resources.
  2. Vehicle Rental: Facilities Management, Admissions and the Athletic Department will be responsible for the rental of all 15 passenger vans. Poor planning by drivers may result in the inability to reserve a 15 passenger van.

Policy Violations: Failure to comply with these requirements may result in a driver or a department losing access to 15 passenger vans.

March 3rd, 2010|Employment Procedures|

ADM 100 – Introduction to Administrative Policies and Procedures

The Administrative portion of the online McPherson College Policy and Procedure Manual contains Policies and Procedures that are broad in nature, and generally campus-wide, rather than specific in nature as most Human Resources Policies are.

Many of the Policies found in the Administrative portion of the online Manual outline the philosophy of the College and provide direction in the Administration of the College. Some Policies are Operational in nature and do not fit in any of the other sections of the Manual and since they are campus-wide they fit best in the Administrative portion of the Manual.

December 31st, 2008|Administrative Policies|

ADM 105 – History and Background

Chartered in 1887 by leaders of the Church of the Brethren, McPherson College has a 116-year history of providing excellent liberal arts and career-oriented education shaped by the essential values of its founding denomination. The Church of the Brethren is a Christian denomination founded in Germany in 1708. It accepts the New Testament as the rule of faith and emphasizes the inherent value of all persons, the communal discernment of truth, the necessity of putting faith into action, and the biblical calls to simplicity, nonviolence, nonconformity and transformation through education. Brethren strive to “continue the work of Jesus – peacefully and simply together.”

McPherson College’s programs integrate career guidance and practical experiences into a traditional liberal arts curriculum that upholds the highest standards of academic excellence. Our goal is to help students discern a vocational call consistent with their gifts and interests and to prepare them for a life of meaningful work.

Community is central to McPherson College. We affirm diversity within the community, emphasizing unity and acceptance rather than judgment and rejection. Because we believe that the pursuit of truth is a collective endeavor, and that the point of scholarly learning is to advance the common good, McPherson College aspires to be a healthy community of learning where whole persons nurture and balance their physical, intellectual, and spiritual components; develop and live in respectful, reciprocal relationships with others; and are committed to responsible service to the world.

December 31st, 2008|Administrative Policies|

ADM 120 – The Mission of McPherson College

Heritage: Leaders of the Church of the Brethren founded McPherson College in 1887. For over one hundred years, McPherson College has been dedicated to providing excellent liberal arts education within an environment shaped by the essential values of its founding denomination. The Church of the Brethren, begun in Germany in 1708, proclaims Jesus Christ as Lord and accepts the New Testament as the rule of faith. Brethren values include ethical behavior, non-violence and peace, a simple lifestyle, and the expression of faith through service. Brethren affirm diversity within the community, emphasizing unity and love rather than judgment and rejection. Thus, McPherson College, throughout its history, has provided a community where individuals can become mature, knowledgeable, and value-committed, capable of continued learning and dedicated to serving others.

Mission Statement: McPherson College’s mission is to develop whole persons through scholarship, participation, and service.

Scholarship: All absolute Truth is God’s Truth and humankind must labor diligently in the pursuit of truth we can know. Thus, McPherson College upholds the highest standards of academic excellence. Faculty strives to teach students to think critically and independently, to communicate clearly and effectively, to integrate knowledge across the disciplines, and to assess the value of conflicts in issues. This is done without coercion, letting the evidence lead the search, and with respect for the consciences and value differences of others.

Participation: Students apply knowledge, practice skills, and deepen and broaden their understanding of themselves and others through active participation in diverse learning experiences. A smaller community requires greater participation from its members. For these reasons, McPherson College is committed to being a small college and to encouraging student participation in a variety of activities.

Service: God’s love is personified in the life of Jesus who came to serve the world. Through works of peacemaking and compassion, humanity responds to God’s love and becomes an instrument of God’s servanthood in the world. Therefore, McPherson College emphasizes service to others, encouraging all members of its community to give selflessly of themselves to others.

December 31st, 2008|Administrative Policies|

ADM 140 – McPherson College Code of Ethics

To maintain the professional environment of an institution of higher education, any student, employee and guest, while on the college campus or while representing the college, shall maintain behavior that is becoming of a professional college environment.

In the pursuit of their professional activities, McPherson College Employees shall take into account not merely the scientific, technical, and economic considerations, but also the social, environmental and ethical implications of their work. The responsibility of McPherson College Employees for the sustainable welfare of the community is an integral part of our professional responsibility.

McPherson College Employees shall pursue the College’s objectives in ways that are consistent with the College’s mission.

McPherson College Employees shall be mindful of, and shall exercise reasonable care not to endanger, public health and safety.

McPherson College Employees shall respect and defend human rights, and shall actively take part in the working community. McPherson College Employees shall encourage fair and equitable treatment of all employees.

McPherson College Employees shall act in a manner that neither compromises nor impairs, nor is likely to compromise or impair, their professional integrity in the performance of their duties. In particular, they shall make all business agreements clear and fair. McPherson College Employees shall uphold equity and dignity and conduct their affairs faithfully.

McPherson College Employees shall maintain the confidentiality of all information in the College’s possession that is given to the College in confidence, or is of a private or sensitive nature, to the extent it is possible to do so consistently with the law and with the best interests of McPherson College.

There will be no video or audio recordings without the express permission of all involved parties except for the following:

  1. Public events;
  2. College sanctioned security cameras; or
  3. By staff for educational or instructional purposes.

This prohibition includes student to student, employee to employee, employee to student and student to employee.

McPherson College Employees shall strive both to maintain and develop their professional competence and knowledge within their special fields, and to be aware of economic, scientific, technical, social, or other related disciplines relevant to their field of employment.

McPherson College Employees shall obey all valid laws and regulations relating to McPherson College’s activities.

Any College employee who reports to outside agencies regarding conduct on the part of the College, or any of its employees, that he or she reasonably believes to be unlawful shall not be terminated or disciplined by the College. McPherson College employees are however encouraged to exhaust the College’s internal remedies before involving outside agencies, insofar as this is reasonably possible.

The purpose of this Code of Ethics is to express high standards toward which McPherson College employees are expected to strive. It is not, however, to be interpreted as expressing or creating any legal duties owed by McPherson College or any McPherson College employee to any third parties. McPherson College understands that persons of good will may differ in their interpretation of the general standards expressed by this Code of Ethics.

This policy shall be reviewed periodically by the Administrative Team.

December 31st, 2008|Administrative Policies|

ADM 150 – Sexual Misconduct Policy and Complaint Resolution Procedures

SEXUAL MISCONDUCT POLICY

  1. POLICY STATEMENT

    McPherson College (the “College”) is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex. The College considers sex discrimination in all its forms to be a serious offense. Sex discrimination constitutes a violation of this policy, is unacceptable, and will not be tolerated. Sex discrimination includes discrimination on the basis of pregnancy, gender identity, and failure to conform to stereotypical notions of femininity and masculinity.

    Sexual harassment, whether verbal, physical, visual, or digital, is a form of prohibited sex discrimination, and sexual violence is a particularly severe form of sexual harassment. These terms are defined in Section IV, below.

    As discussed more thoroughly in Section VI of this policy, all employees at the College have a mandatory duty to report sexual misconduct unless they are classified as a confidential resource.

  2. SCOPE

    This policy applies to all College employees, including staff, faculty, and administrators; students; applicants for employment; customers; third-party contractors; and all other persons that participate in the College’s educational programs and activities, including third-party visitors on campus (the “College Community”). This policy prohibits sex discrimination, sexual harassment, and sexual violence when the complainant and alleged perpetrator are members of the same or opposite sex, and it applies regardless of national origin, immigration status, or citizenship status. The College’s prohibition on sex discrimination, sexual harassment, and sexual violence extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, athletics, housing, and student services.

    The College has jurisdiction over conduct covered by this policy that occurred on campus, during or at an official College program or activity (regardless of location), or off campus when the conduct could create a hostile environment on campus. The College will investigate all complaints made under this policy and, if necessary, take action to prevent the recurrence of sex discrimination and remedy its effects.

  3. TITLE IX STATEMENT

    It is the policy of the College to comply with Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit discrimination based on sex in the College’s educational programs and activities. Title IX and its implementing regulations also prohibit retaliation for asserting claims of sex discrimination. The College has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination:

    • Dr. Bruce Clary
      1600 East Euclid
      Office of Academic Affairs
      McPherson College
      McPherson KS 67460
      (620) 242-0506
      claryb@mcpherson.edu

      The College has also designated the following Deputy Title IX Coordinator to assist the Title IX Coordinator in carrying out his or her duties under this policy:
    • Brenda Jill Stocklin-Smith, PHR, SHRM-CP
      1600 East Euclid
      Human Resources
      McPherson College
      McPherson KS 67460
      (620) 242-0454
      stocklib@mcpherson.edu
      A person may also file a complaint of sex discrimination with the United States Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html or by calling 1-800-421-3481.
  4. Sexual Misconduct

    1. Sexual Misconduct
      “Sexual misconduct” is an umbrella term covering sex discrimination, sexual harassment, and sexual violence, domestic violence, dating violence, and stalking. This term will be used throughout the remainder of this policy and the Complaint Resolution Procedures when collectively referring to these types of conduct.
    2. Sex Discrimination
      Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any College program or activity because of their sex. Sex discrimination can include adverse treatment based on one’s sex, as well as the other prohibited conduct outlined below.
    3. Sexual Harassment
      1. Definition of Sexual Harassment
        Sexual harassment is unwelcome conduct of a sexual nature and includes sexual advances, requests for sexual favors, and other verbal, physical, visual, or digital conduct of a sexual nature when:

        • Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education
        • Submission to or rejection of such conduct by an individual is used or threatened to be 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 what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment
      2. Examples of Sexual Harassment
        Some examples of sexual harassment include:

        • Pressure for a dating, romantic, or intimate relationship
        • Unwelcome touching, kissing, hugging, rubbing, or massaging
        • Pressure for sexual activity
        • Unnecessary references to parts of the body
        • Sexual innuendos, jokes, humor, or gestures
        • Displaying sexual graffiti, pictures, videos or posters
        • Using sexually explicit profanity
        • Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
        • Social media use that violates this policy
        • Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
        • Sending sexually explicit emails or text messages
        • Commenting on a person’s dress in a sexual manner
        • Giving unwelcome personal gifts such as flowers, chocolates, or lingerie that suggest the desire for a romantic relationship
        • Commenting on a person’s body, gender, sexual relationships, or sexual activities
        • Sexual violence (as defined below)
    4. Sexual Violence
      1. Definition of Sexual Violence
        Sexual violence is a particularly severe form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity, because he or she is below the minimum age of consent in the applicable jurisdiction, or because of his or her incapacitation due to the use of drugs and/or alcohol. Other types of conduct may also constitute sexual violence.
      2. Examples of Sexual Violence
        Some examples of sexual violence include:

        • Rape or sexual assault: sexual intercourse (anal, oral, or vaginal) by a man or woman upon a man or woman without consent
        • The use of force or coercion to effect sexual intercourse or some other form of sexual contact with a person who has not given consent
        • Unwilling sexual penetration (anal, vaginal, or oral) or other sexual touching with any object or body part that is committed by force, threat, intimidation, or otherwise without consent
        • Having sexual intercourse with a person who is unconscious because of drug or alcohol use
        • Hazing that involves penetrating a person’s vagina or anus with an object
        • Sexual exploitation, which includes, but is not limited to, the following:
          • Sexual voyeurism
          • Use of the “date rape drug” to effect sexual intercourse or some other form of sexual contact with a person
          • Knowingly transmitting a sexually transmitted disease such as HIV to another person through sexual activity
          • Secretly videotaping or photographing sexual activity where the other party has not consented
          • Disseminating sexual pictures or videos of another person without consent regardless if the pictures or videos were obtained with consent
          • Prostituting another person
      3. Consent
        Lack of consent is a critical factor in determining whether sexual violence has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

        • If coercion, intimidation, threats, and/or physical force are used, there is no consent
        • If a person is mentally or physically incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent
        • Warning signs of when a person may be incapacitated due to drug and/or alcohol use include: slurred speech, falling down, passing out, and vomiting
        • If a person is asleep or unconscious, there is no consent
        • If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent
        • Consent to one form of sexual activity does not imply consent to other forms of sexual activity
        • Consent can be withdrawn. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent
        • Being in a romantic relationship with someone does not imply consent to any form of sexual activity
        • Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee)
    5. Domestic Violence, Dating Violence, and Stalking
      The crimes of domestic violence, dating violence and stalking can also constitute sexual misconduct when motivated by a person’s sex. These types of conduct, no matter the motivation behind them, are a violation of this policy and will be addressed pursuant to the Complaint Resolution Procedures below.

      1. Domestic Violence
        “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of a victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

        • The definition of domestic violence under Kansas law can be found at Kan. Stat. Ann. § 21-511.
      2. Dating Violence
        “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

        • Kansas law does not specifically define dating violence, but conduct of this nature is covered by the definition of domestic violence found at Kan. Stat. Ann. § 21-511.
      3. Stalking
        “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

        • Stalking can include conduct that occurs via social media (i.e., “cyberstalking”)
        • The definition of stalking under Kansas law can be found at Kan. Stat. Ann. § 21-5427.
  5. Roles and Responsibilities

    1. Title IX Coordinator
      It is the responsibility of the Title IX Coordinator to: (1) ensure the College’s compliance with Title IX; (2) identify and address any patterns or systemic problems of sexual misconduct at the College; (3) coordinate dissemination of information and education and training programs; (4) receive complaints under this policy; (5) assist members of the College Community in understanding that sexual misconduct is prohibited by this policy; (6) answer questions about this policy; (7) ensure that employees and students are aware of the procedures for reporting and addressing complaints of sexual misconduct; and (8) to implement the Complaint Resolution Procedures or to designate appropriate persons for implementing the Complaint Resolution Procedures. The Deputy Title IX Coordinator will assist the Title IX Coordinator in carrying out these responsibilities.
    2. Administrators, Deans, Department Chairs, and Other Managers
      It is the responsibility of administrators, deans, department chairs, and other managers (i.e., those that formally supervise other employees) to:

      • Inform employees under their direction or supervision of this policy
      • Work with the Title IX Coordinator to implement education and training programs for employees and students
      • Implement any corrective actions that are imposed as a result of findings of a violation of this policy
    3. Employees
      Throughout this policy, the term “employees” includes all faculty, staff, and administrators. It is the responsibility of employees to review this policy and comply with it.
    4. Students
      It is the responsibility of students to review this policy and comply with it.
    5. The College
      When the College is aware that a member of the College Community may have been subjected to or affected by conduct that violates this policy, the College will take prompt action, including a review of the matter and, if necessary, an investigation and appropriate steps to stop and remedy the sexual misconduct. The College will act in accordance with its Complaint Resolution Procedures.
  6. Complaints

    1. Making a Complaint
      1. Employees
        All College employees have a duty to report sexual misconduct to the Title IX Coordinator or Deputy Title IX Coordinator when they receive a report of such conduct, witness such conduct, or otherwise obtain information about such conduct. This includes employees who may have a professional license requiring confidentiality if they are not employed by the College in that professional role. An employee not reporting sexual misconduct as required by this policy may be disciplined accordingly, up to and including termination. Employees using the Sexual Violence Incident Report may not anonymously report in order to meet their mandated reporting obligation under this policy.This section does not apply to those identified in Section VI.A.4 of this policy.
      2. Students
        Students who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. Students should be aware that all employees at the College, other than those identified in Section VI.A.4 below, have an obligation to report sexual misconduct that they become aware of or witness.Students may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.
      3. Other Persons
        Any other persons who are involved in the College’s programs and activities, including visitors on campus, who wish to report sexual misconduct, should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. They may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.
      4. Confidential Discussions
        If a victim desires to talk confidentially about his or her situation, there are resources available. The following resources are available to assist you and will not further disclose the information you provide, unless otherwise required to do so by law (e.g., if the victim is a minor):

        • Jennifer Jensen, Director of Spiritual Life
          McPherson College
          (620) 242-0503 or 2503 from campus extension
        • Mental health services available through
          Linda Helmer
          (620) 242-242-0404 or 2404 from campus extension
        • Partners in Family Care
          (620) 242-0404 or 2404 from campus extension
      5. Content of the Complaint
        So that the College has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that the College may follow up appropriately.
      6. Information Provided to Complainant and Respondent
        A complainant who makes a claim of sexual misconduct to the College will be given a copy of the document titled “Rights and Options After Filing a Complaint Under the College’s Sexual Misconduct Policy.” This document provides information about this policy and the Complaint Resolution Procedures used to investigate and resolve complaints of sexual misconduct, options for filing complaints with the local police, resources that are available on campus and in the community, etc. A person against whom a complaint has been filed will also be given similar information about the process and resources.
      7. Conduct that Constitutes a Crime
        Any person who wishes to make a complaint of sexual misconduct that also constitutes a crime—including sexual violence, domestic violence, dating violence, or stalking—is encouraged to make a complaint to local law enforcement. If requested, the College will assist the complainant in notifying the appropriate law enforcement authorities. In the event of an emergency, please contact 911. A victim may decline to notify such authorities.
      8. Special Guidance Concerning Complaints of Sexual Violence, Domestic Violence, Dating Violence, or Stalking
        If you are the victim of sexual violence, domestic violence, dating violence, or stalking, do not blame yourself. These crimes are never the victim’s fault. When a physical crime of violence has been perpetrated against you, the College recommends that you immediately go to the emergency room of a local hospital and contact local law enforcement, in addition to making a prompt complaint under this policy.If you are the victim of sexual violence, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. As necessary to preserve evidence, victims of sexual violence, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination.It is also important to take steps to preserve evidence in cases of stalking, to the extent such evidence exists. In cases of stalking, evidence is more likely to be in the form of letters, emails, text messages, etc., rather than evidence of physical contact and violence.Once a complaint of sexual violence, domestic violence, dating violence, or stalking is made to the College, the complainant has several options such as, but not limited to:

        • Contacting parents or a relative
        • Seeking legal advice
        • Seeking personal counseling (always recommended)
        • Pursuing legal action against the perpetrator
        • Pursuing disciplinary action through the College
        • Requesting that no further action be taken
        • Requesting further information about the College’s policy and procedures for addressing sexual misconduct
        • Requesting further information about available resources
      9. Vendors, Contractors, and Third-Parties
        This policy applies to the conduct of vendors, contractors, and third parties. Members of the College Community who believe they have been subject to sexual misconduct in violation of this policy by a vendor, contractor, or other third party can make a complaint in the manner set forth in this section.
      10. Retaliation
        It is a violation of this policy to retaliate against any member of the College Community who reports or assists in making a complaint of sexual misconduct or who participates in the investigation of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this section.
      11. Protecting the Complainant
        Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the complainant from further discrimination or harassment. This may include assisting and allowing the complainant to change his or her academic, living, transportation, or work situation, to the extent that the College has control over these environments, if options to do so are reasonably available and upon request of the complainant. Such changes may be available regardless of whether the victim chooses to report the crime to local law enforcement. Requests to change an academic, living, transportation, or work situation, or for any other protective measure, should be made to the Title IX Coordinator or Deputy Title IX Coordinator.If a complainant has obtained an ex parte order of protection, full order of protection, or any other temporary restraining order or no contact order against the alleged perpetrator from a criminal, civil, or tribal court, the complainant should provide such information to the Title IX Coordinator or Deputy Title IX Coordinator. The College will take all reasonable and legal action to implement the order.
      12. Amnesty
        The College recognizes that an individual who has been drinking alcohol or using drugs may be hesitant to report sexual misconduct. To encourage reporting, the College will not take disciplinary action for drug or alcohol use against an individual making a good faith report of sexual misconduct, either as the complainant or as a witness, provided that these conduct violations did not and do not place the health or safety of any other person at risk. The College may, however, require the reporting individual to attend a course or pursue other educational interventions related to alcohol and drugs.The College’s commitment to amnesty in these situations does not prevent action by police or other legal authorities against an individual who has illegally consumed alcohol or drugs.
    2. Timing of Complaints
      The College encourages persons to make complaints of sexual misconduct as soon as possible because late reporting may limit the College’s ability to investigate and respond to the conduct complained of.
    3. Investigation and Confidentiality
      All complaints of sexual misconduct will be promptly and thoroughly investigated in accordance with the Complaint Resolution Procedures, and the College will take disciplinary action where appropriate. The College will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make complaints.In the event a complainant requests confidentiality or asks that a complaint not be investigated, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name not be disclosed to the alleged perpetrator, the College’s ability to respond may be limited. The College reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.The Title IX Coordinator is the person responsible for evaluating requests for confidentiality. The Title IX Coordinator may consult with other appropriate College officials and legal counsel as necessary.
    4. Resolution
      If a complaint of sexual misconduct is found to be substantiated, the College will take appropriate corrective and remedial action to prevent the recurrence of the conduct and correct its discriminatory effects. Students and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, probation, suspension, demotion, termination, or expulsion. Affiliates and program participants may be removed from College programs and/or prevented from returning to campus. Remedial steps may also include counseling for the complainant, academic, transportation, work, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.
    5. Bad Faith Complaints
      While the College encourages all good faith complaints of sexual misconduct, the College has the responsibility to balance the rights of all parties. Therefore, if the College’s investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline.
  7. Academic Freedom

    While the College is committed to the principles of free inquiry and free expression, sexual misconduct is neither legally protected expression nor the proper exercise of academic freedom.

  8. Education

    Because the College recognizes that the prevention of sexual misconduct is important, it offers educational programming to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of student organizations. Among other elements, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Title IX Coordinator or Deputy Title IX Coordinator.

 

SEXUAL MISCONDUCT COMPLAINT RESOLUTION PROCEDURES

  1. General Principles

    1. Applicability
      These Complaint Resolution Procedures apply to the resolution of all reports under the Sexual Misconduct Policy. They apply to the resolution of complaints against students, faculty, administrators, staff, and third parties, and they are the exclusive means of resolving complaints of sexual misconduct.
    2. Administration
      For purposes of these Complaint Resolution Procedures, “Investigating Officer” means the individual(s) designated by the Title IX Coordinator to investigate a particular complaint. The Investigating Officer shall have responsibility for administering these Complaint Resolution Procedures.
    3. Promptness, Fairness and Impartiality
      These procedures provide for prompt, fair, and impartial investigations and resolutions. All College officials involved in the investigation or appeal process shall discharge their obligations under these Complaint Resolution Procedures fairly and impartially. If an involved College official determines that he or she cannot apply these procedures fairly and impartially because of the identity of a complainant, respondent, or witness, or due to any other conflict of interest, another appropriate individual will be designated to administer these procedures.
    4. Training
      These procedures will be implemented by College officials who receive annual training on the issues related to sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability.
  2. Investigation and Resolution of the Complaint

    1. Preliminary Matters
      1. Timing of the Investigation
        The College will endeavor to conclude its investigation and resolution of the complaint within sixty (60) calendar days of receiving it. Both the complainant and the respondent will be given periodic updates regarding the status of the investigation. If either the complainant or respondent needs additional time to prepare or to gather their witnesses or information, they shall notify the Investigating Officer in writing explaining how much additional time is needed and why it is needed. The Investigating Officer shall respond to any such request within three (3) days.
      2. Informal Resolution
        Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and determination procedure. The following standards apply to any informal resolution method that is utilized:

        • The informal process can only be used with both parties’ voluntary cooperation and appropriate involvement by the institution (e.g., the Title IX Coordinator)
        • The complainant will not be required to “work out” the problem directly with the respondent
        • Either party may terminate the informal process at any time and elevate the complaint to the formal investigation procedures described below
        • Informal resolution in the form of mediation, even on a voluntary basis, will not be used to resolve complaints alleging sexual assault
      3. Interim Measures
        At any time during the investigation, the Investigating Officer may determine that interim remedies or protections for the parties involved or witnesses are appropriate. These interim remedies may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative class-placement or workplace arrangements. Failure to comply with the terms of these interim remedies or protections may constitute a separate violation of the Sexual Misconduct Policy.
      4. Support Person/Advisor
        During the investigation process, both a complainant and a respondent may ask a support person/advisor to accompany him or her at all stages of the process. In cases involving multiple complainants or respondents, the support person/advisor cannot be another complainant or respondent. The support person/advisor does not serve as an advocate on behalf of the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the process. A support person/advisor may be removed if he or she becomes disruptive or does not abide by the limitations discussed in the previous sentence. A support person/advisor will be asked to sign an affirmation that he or she understands his or her role in the process.
      5. Pending Criminal Investigation
        Some instances of sexual misconduct may also constitute criminal conduct. In such instances, the complainant is also encouraged to file a report with the appropriate law enforcement authorities and, if requested, the College will assist the complainant in doing so. The pendency of a criminal investigation, however, does not relieve the College of its responsibilities under Title IX. Therefore, to the extent doing so does not interfere with any criminal investigation, the College will proceed with its own investigation and resolution of the complaint.
      6. Rights of the Parties
        During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:

        • Equal opportunity to identify and have considered witnesses and other relevant evidence
        • Similar and timely access to all information considered by the Investigating Officer
        • Equal opportunity to review any statements or evidence provided by the other party
        • Equal access to review and comment upon any information independently developed by the Investigating Officer should the Investigating Officer share such information with the other party
        • Equal opportunity to appeal determinations pursuant to Section III, below
    2. Commencement of the Investigation
      Once a complaint is made, the Investigating Officer will commence an investigation of it as soon as practicable, but not later than seven (7) days after the complaint is made. The purpose of the investigation is to determine whether it is more likely than not that the alleged behavior occurred and, if so, whether it constitutes sexual misconduct. During the course of the investigation, the Investigating Officer may receive counsel from College administrators, the College’s attorneys, or other parties as needed.In certain narrow circumstances, the Investigating Officer may commence an investigation even if the complainant requests that the matter not be pursued. In such a circumstance, the Investigating Officer will take all reasonable steps to investigate and respond to the matter in a manner that is informed by the complainant’s articulated concerns.
    3. Content of the Investigation
      During the investigation, the complainant will have the opportunity to describe his or her allegations and present supporting witnesses or other evidence. The respondent will have the opportunity to respond to the allegations and present supporting witnesses or other evidence. The Investigating Officer will review the statements and evidence presented and may, depending on the circumstances, interview others with relevant knowledge, review documentary materials, and take any other appropriate action to gather and consider information relevant to the complaint. All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information.
    4. Resolution
      At the conclusion of the investigation, the Investigating Officer will prepare a written report. The written report will explain the scope of the investigation, identify findings of fact, and state whether any allegations in the complaint were found to be substantiated by a preponderance of the evidence. The report will be provided to the Title IX Coordinator.If the written report determines that sexual misconduct occurred, the Title IX Coordinator, in consultation with the Deputy Title IX Coordinator or other College officials as needed, shall set forth in an addendum to the written report those steps necessary to maintain an environment free from discrimination and harassment and to protect the safety and well-being of the complainant and other members of the College Community. Such actions will also include reasonable steps to correct the effects of such conduct on the complainant and others and to prevent the recurrence of discrimination, harassment, and retaliation. Examples of such action include: no-contact orders, classroom reassignment, the provision of counseling or other support services, training, and discipline for the perpetrator, including up to termination, expulsion, or other appropriate institutional sanctions.The complainant and the respondent will receive a copy of the written report and any addendum within three (3) business days of its completion. If necessary, the version of the addendum provided to the complainant and/or respondent will be redacted to ensure that information concerning any remedial and/or disciplinary measures is disclosed in a manner consistent with Title IX, the Family Educational Rights and Privacy Act (“FERPA”), and the Clery Act, as explained by the April 4, 2011 Dear Colleague Letter issued by the U.S. Department of Education, available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf.The written report of the Investigating Officer, and the addendum if applicable, shall be final subject only to the right of appeal set forth in Section III, below.
    5. Special Procedure Concerning Complaints Against the President, the Title IX Coordinator, or Other Administrators Ranked Higher than the Title IX Coordinator
      If a complaint involves alleged conduct on the part of the College’s President, the College’s Board of Trustees (“Board”) will designate the Investigating Officer. Based on the information gathered by the investigation, the Board will prepare and issue the written report determining the complaint and, as necessary, implementing any sanctions or remedial measures. The determination of the Board is final and not subject to appeal.If a complaint involves alleged conduct on the part of the Title IX Coordinator or any administrator ranked higher than the Title IX Coordinator, the President will designate the Investigating Officer. Based on the information gathered by the investigation, the President will prepare and issue the written report determining the complaint and, as necessary, implementing any sanctions or remedial measures. The determination of the President is final and not subject to appeal.
  3.  Appeals

    1. Grounds for Appeal
      The complainant or respondent may appeal the determination of a complaint only on the following grounds:

      • There is a substantial likelihood that newly discovered information, not available at the time evidence was presented to the Investigating Officer, would result in a different decision
      • There was a procedural error significant enough to call the outcome into question
      • There was a clear error in factual findings
      • Bias or prejudice on the part of the Investigating Officer, or
      • The punishment or the corrective action imposed is disproportionate to the offense
    2. Method of Appeal
      Appeals must be filed with the President within seven (7) days of receipt of the written report determining the outcome of the complaint. The appeal must be in writing and contain the following:

      • Name of the complainant
      • Name of the respondent
      • A statement of the determination of the complaint, including corrective action if any
      • A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it, and
      • Requested action, if anyWhen an appeal has been filed, the non-appealing party will be notified of such in writing. The appealing party may request a meeting with the President, but the decision to grant a meeting is within the President discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.
    3. Resolution of the Appeal
      The President will resolve the appeal within ten (10) days of receiving it and may take any and all actions that he/she determines to be in the interest of a fair and just decision. The parties will be notified in writing if the President’s decision will take longer than 10 days. The decision of the President is final. The President shall issue a short and plain, written statement of the resolution of the appeal, including any changes made to the Investigating Officer’s previous written determination and/or the sanctions and remedial measures imposed. The written statement shall be provided to the complainant, respondent, and the Title IX Coordinator within three (3) business days of the resolution.
  4. Documentation

    Throughout all stages of the investigation, resolution, and appeal, the Investigating Officer, the Title IX Coordinator, the Deputy Title IX Coordinator, and the President, as the case may be, are responsible for maintaining documentation of the investigation and appeal, including documentation of all proceedings conducted under these Complaint Resolution Procedures, which may include written findings of fact, transcripts, and audio recordings.

  5. Intersection With Other Procedures

    These complaint resolution procedures are the exclusive means of resolving complaints alleging violations of the Sexual Misconduct Policy. To the extent there are any inconsistencies between these complaint resolution procedures and other College grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging violations of the Sexual Misconduct Policy.

December 31st, 2008|Administrative Policies|

ADM 160 – Changes in Policies and Procedures

McPherson College is a dynamic institution and changes in Policies and Procedures are expected to occur from time to time.

Changes in the Policies and Procedures outlined in this online Policy and Procedure System will be sent to all employees via the campus wide communication network so that employees are kept current.

Recommendations from employees for change will be considered within the limits of available college resources.

December 31st, 2008|Administrative Policies|

ADM 170 – Nondiscrimination/Equal Employment Opportunity Statement

In accordance with state and federal law, McPherson College does not discriminate on the basis of race, creed, color, religion, national origin, ancestry, citizenship status, age, disability, sex, marital status, veteran status, genetic information, sexual orientation, or any other legally protected characteristic, in the hiring process, during employment, and in the operation of all College programs, activities, and services, including, but not limited to, academics, athletics, other extracurricular activities, the awarding of student financial aid, recruitment, admissions, and housing.

Persons having inquiries concerning the College’s compliance with this policy or any laws and regulations prohibiting discrimination are directed to contact the following:

  • A current student or potential student with questions or concerns about any type of discrimination is encouraged to bring these issues to the attention of the Vice President of Academic Affairs, who may be contacted at:  (620) 242-0506 or claryb@mcpherson.edu.  Additionally, any member of the college’s administration may be contacted with questions or concerns.
  • An employee with questions or concerns about any type of discrimination in the workplace or an applicant, who has applied for an open position at McPherson College, is encouraged to bring these issues to the attention of the Director of Human Resources, who may be contacted at: (620) 242-0454 or stocklib@mcpherson.edu. Additionally, employees should feel free to raise concerns of discrimination with their immediate supervisors at any time.
  • Questions or concerns regarding the College’s compliance with Title IX and its prohibition of sex discrimination may be directed to the Title IX Coordinator. McPherson has designated the following Title IX Coordinator and Deputy Title IX Coordinator as named in the College’s Sexual Misconduct Policy:

Dr. Bruce Clary
1600 East Euclid
Office of Academic Affairs
McPherson College
McPherson KS 67460
(620) 242-0506
claryb@mcpherson.edu

Brenda Jill Stocklin-Smith, PHR, SHRM-CP
1600 East Euclid
Human Resources
McPherson College
McPherson KS 67460
(620) 242-0454
stocklib@mcpherson.edu

  • For questions or concerns related to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act, please contact:

Carole Barr
1600 East Euclid
Director of Student Success
McPherson College
McPherson KS 67460
(620) 242-0597

Brenda Jill Stocklin-Smith, PHR, SHRM-CP
1600 East Euclid
Human Resources
McPherson College
McPherson KS 67460
(620) 242-0454
stocklib@mcpherson.edu

  • For all other inquiries related to discrimination at the College, please contact:

Dr. Bruce Clary
1600 East Euclid
Vice President for Academic Affairs
McPherson College
McPherson KS 67460
(620) 242-0506

  • The U.S. Department of Education’s Office for Civil Rights (OCR) enforces discrimination laws related to race, color, national origin, sex, disability, and age. Complaints related to these protected classes can also be filed with OCR by visiting:
    http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

 

No individual will be subject to any form of retaliation, discipline, or other adverse action for reporting conduct in violation of the College’s nondiscrimination/EEO policy, assisting/cooperating in making a complaint, or assisting with the investigation of a complaint. Any individual who believes they have experienced or witnessed retaliation should immediately notify the appropriate member(s) of the administration as identified above. Those found to be engaging in any type of discrimination in violation of the law or College policy will be subject to disciplinary action, up to and including expulsion or termination of employment.

Administrative Policy 180, Policy Against Discrimination, Harassment and Retaliation and Complaint Procedures explains the process for an individual to file a complaint.

In addition, following policies and procedures are utilized by McPherson in addressing various forms of discrimination complaints:

December 31st, 2008|Administrative Policies|

ADM 180 – Policy Against Discrimination, Harassment, and Retaliation and Complaint Procedure

  1. Commitment to Non-Discrimination, Non-Harassment and Non-Retaliation

    The purpose of this policy is to uphold McPherson College’s mission in preserving the fundamental dignity and rights of all individuals involved in campus activities.

    Discrimination, harassment and retaliation on the basis of a protected category (see the Nondiscrimination/Equal Employment Opportunity Statement for an explanation of protected categories) are strictly prohibited. Persons who engage in such conduct are subject to discipline up to and including termination or dismissal.

    Preventing prohibited discrimination, harassment and retaliation is the responsibility of all members of the College Community. Faculty, staff, and third parties should report a potential violation of this policy as soon as possible to the Director of Human Resources:

    Brenda Jill Stocklin-Smith, PHR, SHRM-CP
    1600 East Euclid
    Human Resources
    McPherson College
    McPherson KS 67460
    (620) 242-0454
    stocklib@mcpherson.edu

    Students and prospective students should report a potential violation of this policy as soon as possible to the VP for Academic Affairs listed below:
    Dr. Bruce Clary
    1600 East Euclid
    Office of Academic Affairs
    McPherson College
    McPherson KS 67460
    (620) 242-0506
    claryb@mcpherson.edu

    McPherson will respond to reports of perceived prohibited conduct in a reasonable, thorough, and prompt manner, as set forth below. If the College determines that discrimination, harassment, or retaliation has occurred, appropriate corrective and remedial actions will be taken.

  2. Scope

    This policy applies to reports of discrimination, harassment, and retaliation on the basis of a protected category, other than discrimination, harassment, and retaliation on the basis of sex, which are governed exclusively by the College’s Sexual Misconduct Policy And Complaint Resolution Procedures. This policy governs reports of discrimination, harassment, and retaliation in all the College’s programs and activities and applies to all members of the College Community. It applies to discrimination, harassment, and retaliation that occurs on campus, during or at an official College program or activity (regardless of location), and to off campus conduct when the conduct could deny or limit a person’s ability to participate in or benefit from the College’s programs and activities.

  3. Prohibited Conduct

    1. Discrimination
      Discrimination is adverse treatment of an individual based on a protected category. It is a violation of this policy to discriminate on the basis of a protected status in any of the College’s programs and activities. A list of protected categories is located in the Nondiscrimination/Equal Employment Opportunity Statement.
    2. Harassment
      Harassment consists of unwelcome verbal, non-verbal, or physical conduct that denigrates or shows hostility or aversion toward an employee, student, or other members of the College Community, including third-parties, because of a protected category. Harassment constitutes a form of prohibited discrimination if it denies or limits a person’s ability to participate in or benefit from the College’s programs and activities (“discriminatory harassment”).Examples of conduct prohibited by this policy may include, but are not limited to, jokes or pranks that are hostile or demeaning with regard to a person’s protected status or have the purpose or effect of creating an intimidating, hostile, abusive or offensive working or academic environment.
    3. Retaliation
      The College prohibits retaliation against anyone for reporting discrimination or harassment, assisting in making a report, cooperating in an investigation, or otherwise exercising their rights or responsibilities under this policy and applicable federal, state, and local laws. Retaliation prohibited by this policy consists of materially adverse action, such as disparaging comments, uncivil behavior, or other negative treatment of an employee, student, or other member of the College Community because a report has been made pursuant to this policy or because an individual otherwise cooperated with the College’s investigation.
    4. Sexual Misconduct
      The College’s Sexual Misconduct Policy and Complaint Resolution Procedures govern the reporting, investigation, and determination of reports of sex discrimination, sexual harassment, and related retaliation. All reports of sex discrimination, sexual harassment, sexual violence, dating violence, domestic violence, stalking, and related retaliation will be investigated and resolved pursuant to the College’s Sexual Misconduct Policy And Complaint Resolution Procedures.
  4. Investigation and Resolution Procedures

    1. Reports Alleging Misconduct By A Student
      If a report of discrimination, harassment, or retaliation alleging misconduct on the part of a student is received, the report will be referred to the VP for Academic Affairs for investigation and resolution pursuant to the process for handling other types of student misconduct as contained in the Campus Judicial Procedure, available at http://www.mcpherson.edu/wp-content/uploads/2014/07/1617studenthandbook.pdf
    2. Reports Alleging Misconduct By Any Other Person
      When a report of discrimination, harassment or retaliation alleging misconduct the part of any other person is received, a College official will be designated to investigate the report. During the investigation, both the complainant and respondent will have the opportunity to identify witnesses and evidence. Investigations will be handled discreetly, with information shared only with those persons who need to know the information in order for there to be a full and fair investigation. The investigator may impose interim measures during the pendency of the investigation to protect and separate the parties.The investigator will prepare a written report summarizing the results of the investigation and deliver it to the Director of Human Resources. The Director of Human Resources will review the report, consult with other College administrators and officials as the Director of Human Resources deems appropriate, and issue a determination as to whether or not the report of misconduct is substantiated and, if so, what remedial measures will be taken to address the misconduct, including discipline for the respondent or initiation of disciplinary proceedings pursuant to other applicable College policies (including, for example, initiation of disciplinary proceedings under Section FAC 490 of the Faculty Handbook). Substantiated incidents of conduct prohibited by this policy can lead to discipline up to and including termination or dismissal. The Director of Human Resource’s determination is not subject to appeal or further review.
December 31st, 2008|Administrative Policies|

ADM 185 – Mandatory Reporting of Child Abuse and Neglect Policy

  1. Presence of Minors on Campus

    Minors may be present on the McPherson College campus or be participating in the College’s programs and activities for a variety of reasons; visiting as prospective students, as participants on field trips or community service projects, or attending camps or athletic events. Whatever the reason for their presence, the College’s personnel are to be particularly vigilant regarding their safety and security.

  2. Definitions

    1. For purposes of reporting suspected abuse or neglect under this policy, a minor child is any person under the age of eighteen years old.
    2. For purposes of this policy, “employee” includes all faculty and staff, as well as volunteers and students who are working with minor children in a field experience, clinical environment, camp setting, or other similar situations (e.g., student teachers, camp counselors, etc.).
  3. Reporting Suspected Abuse or Neglect

    When any employee has reason to suspect that a child under 18 years of age has been or may be harmed as a result of has been harmed as a result of physical, mental or emotional abuse or neglect or sexual abuse, the employee is required to report the matter promptly to:

    1. Bruce Clary, VP for Academic Affairs, Dean’s Suite, McPherson College, 1600 Euclid, McPherson, KS 67460, (620) 242-0506, ext. 2506 from on campus, claryb@mcpherson.edu
      and
    2. The Kansas Department for Children and Families at 1-800-922-5330 (or online at http://www.dcf.ks.gov/services/PPS/Pages/KIPS/KIPSWebIntake.aspx).
      • The College will ensure that any employee making a report of child abuse or neglect is able to make an immediate report to the Kansas Department for Children and Families and will temporarily relieve the employee of other work duties so a report can be made.
      • Kansas law grants any person making a good faith report of suspected child abuse or neglect immunity from any liability, civil or criminal, that might otherwise result by reason of such action.

In the event of an emergency, call 911 immediately.

Nothing in this policy is intended to prevent non-employees, such as students and visitors, from making a report if they have reasonable cause to suspect that child abuse or neglect has occurred or may occur.

 

December 31st, 2008|Administrative Policies|

ADM 190 – Administrative Leave of Absence

The college president, or in her/his absence the college president’s designee, may place any college staff member on paid or unpaid administrative leave of absence. An example of the president’s use of such authority could include placing an employee on paid administrative leave while conducting an internal investigation of allegations of a workplace violence incident or any other internal investigation.

The employee shall be notified of the reason s/he is being placed on an administrative leave of absence.

The college president shall collaborate with the Director of Human Resources and employee’s supervisor in such actions.

This leave of absence is not part of the progressive discipline system but outcomes of the leave may result in disciplinary action against said employee.

December 31st, 2008|Administrative Policies|

ADM 195 – McPherson College Drug and Alcohol Free Workplace Policy

Introduction
In keeping with its commitment to providing a safe, secure and efficient work environment, McPherson College has adopted the following policy as a supplement to existing personnel policies, practices, and procedures. In response to the needs of all employees, training will be provided to help them maintain a drug-free work environment. Please note Attachment A to this policy that reviews some of the health risks associated with the use of alcohol and illegal drugs.

Section 1: Applicability
All employees of McPherson College, including full and part-time persons classified as faculty, staff or student workers, must comply with this policy.

Section 2: Definitions
“Drug” means any substance that has known mind or function-altering effects on a human subject. It specifically includes psychoactive substances. It includes, but is not limited to, drugs controlled, regulated, or prohibited by state and federal law. “Drug” includes, without limitation, alcohol.

“Authorized substance” means only: 1) a lawful over-the-counter drug (excluding any alcoholic beverage) used in the recommended amounts; and 2) a medically prescribed substance, which is lawfully possessed, is used as prescribed, and is being taken under the direction of a physician.

“Workplace” means any office, building or property, including any parking lots, owned or operated by the College, or any other place at which a McPherson College employee performs work for the College or is directed by the College to be.

“Impaired” means having a significantly reduced capacity to perform regular or assigned job-related duties safely and effectively, because of drug use or abuse.

Section 3: Prohibitions
McPherson College prohibits the following conduct:

The illegal use, possession, manufacture, distribution, or sale of drugs, or drug paraphernalia, while on College premises or in College vehicles, while conducting College business, or in any workplace (as defined herein.)

The possession, use or distribution of alcoholic beverages on the College campus, in College vehicles, or in any workplace (as defined herein.)

Reporting to work while impaired (as defined herein) or being impaired at work, provided, however, that use of an “authorized substance” shall not be cause for discipline so long as the employee immediately, fully, and in good faith discloses to his or her supervisor the nature and cause of the impairment and all other relevant facts.

If it is determined that the use of an authorized substance impairs an employee’s ability to perform regular or assigned duties safely and effectively, the employee shall be temporarily reassigned to other duties, or other appropriate response shall be taken, which shall be consistent with all laws (including for example, the American with Disabilities Act) to the extent they may apply.

Section 4: Employee Assistance
Out of its commitment to providing a work environment conducive to the health and well-being of all employees, McPherson College offers educational and benefit programs dealing with drug use and abuse in the workplace. Benefit programs include partial coverage for both in-patient and outpatient drug abuse treatment programs for employees who are enrolled in the current College health insurance plan and referral services for all employees. McPherson College’s Human Resources office coordinates educational and benefit programs relating to this drug abuse policy.

McPherson College employees have access to an Employee Assistance Program.

Employees are strongly encouraged to seek assistance for drug problems before their job performance is impaired. Any employee who voluntarily reports his or her own drug abuse problem to McPherson College before such problem has otherwise been reported to the College shall not be disciplined by the College for reporting, even if the employee’s voluntary report reveals that the employee has engaged in conduct prohibited by Section 3 of this policy.

Employees who require time away from work to participate in a recognized treatment or rehabilitation program may do so in accordance with the terms of McPherson College’s leave of absence policy. Information about an employee’s participation in such treatment will be held in strictest confidence.

Except as specifically set forth in this policy, McPherson College may impose discipline, up to and including termination, upon employees who engage in conduct prohibited under this policy.

Section 5: Reporting Obligations
In accordance with the Drug-Free Workplace Act of 1988, any employee who is convicted of criminal conduct related to drugs in the workplace must notify McPherson College’s Human Resources Manager within five calendar days of any such conviction.

The Drug Free Workplace Act requires McPherson College to impose a penalty on, or require satisfactory participation in a drug abuse assistance or rehabilitation program by any McPherson College employee convicted of a criminal drug statute violation in the workplace. Subject to the other provisions of this policy, and subject to any statutes that may be applicable (such as, for example, the American with Disabilities Act, as applicable) deciding whether to impose a penalty, or to require satisfactory participation in a drug abuse assistance or rehabilitation program, shall be at the sole discretion of McPherson College, provided, however, that the College shall endeavor to treat like cases alike and shall not engage in any legally prohibited discrimination.

Section 6: Consequences of Policy Violations
Employees who violate this policy will be subject to appropriate disciplinary action up to and including termination.

Section 7: Review
The College will review this program periodically to determine effectiveness, recommend implementation of changes, and to ensure its fair and consistent enforcement.

Section 8: Distribution of Materials
The following items will be distributed to all employees: A copy of this policy.

A document which describes the health risks associated with use of illicit drugs and the abuse of alcohol. (See attachment A).

 

Attachment A

Some Health Risks Associated with the Use of Alcohol and Illegal Drugs.

Drug and alcohol abuse creates serious problems both for the abusers themselves and for their families, friends, co-workers, and employers. Abuse of alcohol and drugs can cause severe injury to both body and mind. Overdoses of certain drugs kill immediately. Drug abuse can lead to debilitating mental disorders, whether temporary or permanent, and to painful, disabling, and/or fatal physical illness. It substantially increases the risk of violence and suicide. Drug or alcohol abusers as a group find it far more difficult to sustain healthy and satisfying family relationships and friendships, to fulfill their responsibilities, and to hold jobs. In the work place, drug or alcohol abusers are far more likely than non-abusers to miss work and to have serious on-the-job accidents. They are far less productive and much more costly to employers, and are therefore far less desirable as employees than non-abusers. Employees suffering from the immediate or long-term effects of drug or alcohol abuse waste much of their potential.

Illegal use of drugs is, by definition, a crime. The seriousness of the possible punishment depends on such things as the type and amount of drugs involved the place of the violation, and the criminal history of the participants; serious drug crimes can result in long prison sentences. While use of alcohol is, in and of itself, not a crime, its abuse increases the risk that the abuser will commit, or be the victim of, serious crimes. Further, operating motor vehicles while under the influence of alcohol, or while having a blood-alcohol level above the applicable legal limit, is a crime. Depending on the circumstances, this can result in suspension or revocation of driving privileges, fines, and jail time and/or prison terms.

The medical information above is for informational purposes only. It consists only of brief summaries. It should not be relied upon for any medical decisions or in any medical emergency. McPherson College disclaims any responsibility to revise or update this information.

McPherson College adheres to the code of federal regulations, part 85, sub-part F, and 34 CR 86 that requires the College to maintain a drug-free workplace for employees.

 

Section 9: Biennial Review
McPherson College’s drug and alcohol abuse and prevention program and related policies will be reviewed every two years for compliance and effectiveness. The materials developed pursuant to these policies and the results of the biennial review will be reported to the institution’s cabinet members and will be made available upon request.

Section 10: Oversight Responsibility
The Dean of Students and Director of Human Resources shall serve as the main contacts that will have oversight responsibility of the Drug and Alcohol Policies including, but not limited to: updates, coordination of required information, and annual notification to employees and students and the biennial review.

Section 11: Education and Drug & Alcohol Related Services
As part of the New Student Orientation (NSO) first-year students participate in a workshop is designed to review the drug and alcohol policies. This workshop includes signs and interventions related to high-risk alcohol and other drug use. In addition to a workshop, all residential students attend residence hall meetings, where Resident Assistants (RAs) facilitate discussions about campus policies and issues.

Educational programming about alcohol and drug use is held throughout the academic year. The programming is a combination of interactive educational activities and passive programming, such as email, bulletin boards, and posters. In addition, referrals may be made to the on-site counseling center, which conducts drug and alcohol screenings for students.

Employees of the college participate in an annual discussion about the institution’s drug and alcohol policy. All employees have access to the Employee Assistance Program (EAP). There is also a local SMART Recovery meeting that is available to all members of the campus community.

December 31st, 2008|Administrative Policies|

ADM 200 – Confidentiality

Since the college deals with very personal and confidential information, college employees hold a position of trust. All records, reports, memoranda, correspondence, and all other confidential information must be kept in strict confidence.

Discussion of your work should be limited to co-workers directly involved in handling a particular item of business.

December 31st, 2008|Administrative Policies|

ADM 210 – Workplace Violence

The safety and security of McPherson College employees, students, and visitors is of vital importance to the College. Therefore, acts or threats of physical violence including, but not limited to, intimidation, harassment or coercion, which may be directed towards another employee, visitor or student or affect the College or occur on College property, by an employee or representative of the College shall not be tolerated.

College property has been properly marked with the Kansas Attorney General’s approved posting prohibiting concealed carry.

Individuals, other than law enforcement, shall not be allowed to carry a weapon, regardless of license, onto College property or while otherwise engaged in the duties of College employment.  Employees, with or without license, may not carry a weapon onto College property with the exception that the college, in accordance to Kan. Stat. Ann. 75-7c10(b) (1), cannot prohibit possession of a handgun by a licensed employee in her/his private means of conveyance, even if parked on the college’s property or while engaged in the duties of College employment.

Employees should immediately report any behavior which may constitute a potentially violent situation to any College administrator.

A student in violation will be referred to the Dean of Students; an employee violation will be referred to the employee’s supervisor.  911 should be called if a visitor is in violation of this policy. In the case of an illegal violent incident contact the local police by dialing 9+911 from any campus phone. Only law enforcement agencies should attempt to apprehend the offender. The College’s Director of Facilities Management may be consulted on any campus violation.

An employee in violation of this policy may be placed on paid administrative leave of absence by the College president or in her/his absence, the president’s designated representative, pending the results of an internal investigation.

Any employee who is found, after a proper investigation, to have been in violation of this policy shall be subject to disciplinary action, up to and including termination of employment.  A violation of this policy is not considered to be a criminal violation but a violation of College policy. The employee will be notified of the action to be taken. The action to be taken will be reviewed by Human Resources with possible review by College legal counsel before it is communicated to the employee.

Definitions

For the purposes of this policy, acts of violence and threats of violence are defined, but not limited to:

  • Any direct or indirect threat, behavior or action which suggests personal violation or endangers a person’s safety, including but not limited to sexual assault, stalking, and verbal or non-verbal threats or intimidation or harassment. A direct or indirect threat of violence can be made in person, through electronic media, or by phone;
  • Behavior likely to result in an act of aggression such as a display of escalating anger;
  • Any act that is a physical battery including, but not limited to, beating, stabbing, shoving, kicking, throwing of objects, shooting, or rape; and/or
  • Acts that destroy or damage property including, but not limited to, vandalism, arson, or sabotage.

An investigation of the reported incident will be completed by the College’s Director of Facilities Management.  The College will conduct any required investigation in a confidential manner and will inform only those persons, who have a legitimate need to know.

Documentation of the incident, and action taken, will be kept in a separate, confidential file in the College Human Resources office.  A copy of any discipline including termination, which is a consequence of the investigation, shall be kept in the employee’s Human Resources file.

In Case of Emergency:

Dial 9+911 on campus phones or 911 on a personal phone

Academic Affairs 620-242-0506 or extension 2506

Student Services 620-242-0501 or extension 2501

Advancement 620-242-0424 or extension 2424

Business Office 620-242-0451 or extension 2451

President’s Office 620-242-0405 or extension 2405

Human Resources 620-242-0454 or extension 2454

December 31st, 2008|Administrative Policies|

ADM 220 – Employment At Will

The Handbook and its contents do not constitute an express or implied contract of employment. Unless otherwise provided in an express written contract, employment at the College is at will and may be terminated for any reason, with or without notice, by the College or by you, as an employee. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of McPherson College employees.

Only the President of the College or his/her designee is authorized to bind the College to a written contract of employment.

McPherson College has certain standards of conduct and performance; therefore poor performance or misconduct may result in discipline up to and including termination. This does not constitute at change in the employee-at-will status.

December 31st, 2008|Administrative Policies|

ADM 225 – Americans with Disabilities (ADA) Reasonable Accommodation Policy

I. Purpose

The purpose of the Americans with Disabilities Act (ADA) Reasonable Accommodation Policy is to provide policy and procedures to ensure equal and effective opportunities for persons with disabilities and full compliance with the employment provisions of Titles I and II of the Americans with Disabilities Act, including the ADA Amendments Act of 2008.

II. Policy

The College is committed to providing equal access and opportunity to qualified persons with disabilities in all terms and conditions of employment and in all College programs and services. The College recognizes that in order to have equally effective employment opportunities and benefits, individuals with disabilities may need reasonable accommodation. The College will adhere to all applicable federal and state laws, regulations and guidelines with respect to providing reasonable accommodation, as necessary, to afford equal employment opportunity and equal access to programs, services, and benefits for qualified persons with disabilities. Questions regarding reasonable accommodation and/or discrimination on the basis of disability should be directed to the College Director of Human Resources.

III. Definitions

Disability with Respect to an Individual Means: A physical or mental impairment that substantially limits one or more major life activities; a record of having such an impairment; or being regarded as having such impairment.

In addition, an individual may not be discriminated against due to association with a person who has, has a record of, or is regarded as having such impairment.

Major life activities are:

(1) Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(2) It also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

Regarded as having such an impairment means the absence of a physical or mental impairment but regarding or treating an individual as though such an impairment exists. An individual meets the requirement of being “regarded as having such an impairment” if the individual establishes that such individual has been subjected to a prohibited action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. Being “regarded as” having an impairment shall not apply to impairments that are transitory or minor. A transitory impairment is an impairment with an actual or expected duration of six months or less. A reasonable accommodation or a reasonable modification to policies, practices or procedures need not be provided to an individual who only meets the “regarded as” definition of disability.

A Qualified Person with a Disability is a person who satisfies the requisite skills, experience and other job-related requirements of the position and who, with or without reasonable accommodation, can perform the essential functions of the job.

Essential Functions are job duties that are fundamental to the position, not marginal to the position. Duties are what must be accomplished, not how the duties are performed. Essential functions are those job duties that are so fundamental to the position that the individual cannot do the job without being able to perform them. A function can be “essential” if, among other things, the position exists specifically to perform that function, there are a limited number of other employees who could perform the function if it were assigned to them, or the function is specialized and the employee is hired based on the ability to perform the function.

Reasonable Accommodation means modifications or adjustments to a job application process that enable a qualified person with a disability to be considered for a position OR modifications or adjustments to the job, work environment, or the way in which work is customarily performed that permit a qualified employee with a disability to perform the essential functions of the job or enjoy the benefits and privileges of employment equal to those of employees without disabilities.

Disability shall be construed in accordance with the following:

(1) The definition of disability shall be construed in favor of broad coverage;
(2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability;
(3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and
(4)

(A) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the beneficial effects of mitigating measures such as the following:

(i) Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eye glasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
(ii) use of assistive technology;
(iii) reasonable accommodations or auxiliary aides or services; or
(iv) learned behavioral or adaptive neurological modifications.

(B) The beneficial effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether and impairment substantially limits a major life activity.
(C) As used in this subparagraph:

(i) “Ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
(ii) “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.

Undue hardship means that a specific accommodation would require significant difficulty or expense. This determination, which must be made on a case-by-case basis, considers factors such as the nature and cost of the accommodation needed and the impact of the accommodation on the operations of the College.

IV. Procedures

A. Employment Applicant Request for Accommodation:

  1. All application materials shall be made available in alternative formats, upon request, according to the needs of a qualified person with a disability. The College jobs website shall include the following statement or its equivalent and applicants shall be notified that they can request reasonable accommodation for the application, testing and interview process as follows:
    To request an ADA accommodation or for more information, please contact the Director of Human Resources at (620) 242-0454
  2. Applicant requests for reasonable accommodation shall be made to the College Director of Human Resources.
  3. Upon receiving a request for reasonable accommodation, the Director of Human Resources will evaluate the request and determine what, if any, accommodation is appropriate. To ensure that all reasonable accommodations have been considered, the Director of Human Resources will talk to the individual requesting the accommodation where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the College is choosing between different possible reasonable accommodations.
  4. The Director of Human Resources may request medical documentation of the applicant’s disability if the disability and/or the need for accommodation is not obvious. Documentation of an applicant’s disability is confidential.
  5. If an accommodation is appropriate, the Director of Human Resources will assist the hiring authority in arranging the accommodation.
  6. In cases where requests for accommodation are not approved such as the employee is not deemed eligible for an ADA accommodation, what reasonable accommodation is needed or was approved or there was a finding of hardship, the Director of Human Resources shall inform the applicant in writing of the decision and inform the applicant of the availability to appeal the decision to the College President.

B. Employment Interview Request for Accommodation:

  1. Applicants who have received employment interview offers may make an accommodation request. Employment opportunities will not be denied to anyone because of the need to make reasonable accommodation for a person’s disability.
  2. The Director of Human Resources may request documentation of the applicant’s disability. Documentation of an applicant’s disability is confidential.
  3. The Director of Human Resources shall make a decision regarding the request and, if approved, arrange the accommodation. If the request is not approved such as the employee is not deemed eligible for an ADA accommodation, what reasonable accommodation is needed or was approved or there was a finding of hardship, the Director of Human Resources shall inform the applicant in writing of the decision and inform the applicant of the availability to appeal the decision to the College President.

C. Selected Applicant Request for Reasonable Accommodation:

  1. After interviewing all applicants and evaluating all relevant, non-medical information, the hiring authority or designee makes a conditional offer of employment to the applicant who is determined to best match the needs of the position. If necessary, the selected applicant may request reasonable accommodation to perform the essential functions of the job.
  2. When the disability and/or the need for accommodation is not obvious, the Director of Human Resources may request medical documentation concerning the individual’s status as a person with a disability and his or her functional limitations to verify the need for accommodation.
  3. The Director of Human Resources will review the medical documentation to determine whether or not the person has a disability that qualifies under the ADA.
  4. The Director of Human Resources, in consultation with the selected applicant, and hiring authority or designee, shall:
    1. Ensure that the applicant is qualified to perform the essential functions of the job with or without reasonable accommodation.
    2. Review to determine if the accommodation shall enable the individual to perform the essential functions of the job by:
      1. Obtaining relevant job and task information through a job analysis;
      2. Determining if job duty or function is essential by review of analysis;
      3. Exploring job modification alternatives by consulting with the individual;
      4. Identifying barriers to job performance and assessing how accommodation could overcome those barriers;
      5. Determining the most effective modification or adjustment for the individual.
    3. Determine whether the reasonable accommodation would pose an undue hardship for the employer considering the nature and cost of the accommodation and the financial resources available.
    4. The hiring authority or designee, in consultation with the Director of Human Resources, shall consider the reasonableness of the proposed accommodation.
    5. If approved, implement a reasonable accommodation giving consideration to the preferences of the individual, or notify the individual that the requested accommodation is not reasonable. While the individual’s preferences will be given consideration, the College is free to choose among reasonable accommodations.
    6. The individual may accept or reject the decision and/or the specific accommodations proposed. The individual may offer additional information and/or may propose alternative accommodations.
    7. The Director of Human Resources may consult with appropriate staff, managers, or technical specialists to decide if the proposed alternative is feasible or would cause an undue hardship for the College. The ultimate decision on which reasonable accommodation to provide shall, however, be the College’s decision.
    8. The selected applicant, supervisor/manager/hiring authority or designee, and the College Director of Human Resources shall complete and sign a reasonable accommodation agreement detailing the accommodation to be provided. The employing department shall implement the agreed-upon accommodation.
    9. The individual may disagree with the decision or reject the accommodation offered and may appeal the decision to the College President. However, if the individual cannot perform the essential functions of the job as a result of the rejection, the accommodation process may cease.

D. Current Employee Request for Accommodation:

  1. An employee who believes he/she needs reasonable accommodation to enable them to perform the essential functions of his/her job, or to enjoy the benefits and privileges of employment, shall inform the supervisor, or the College Director of Human Resources, of the need for an accommodation. When employee requests for accommodation are made to the supervisor, the supervisor shall contact the College Director of Human Resources for assistance.
  2. The employee will meet with the College Director of Human Resources, who will explain the reasonable accommodation process and may request appropriate medical documentation if the disability and/or the need for accommodation is not obvious.
  3. The College Director of Human Resources may request and evaluate information from the employee’s medical professional to determine the existence of disability or the need for accommodations. Requests will include job-related limitation(s) created by the employee’s disability. Medical records of the employee’s condition shall be kept confidential in a locked file separate from the employee’s personnel record. Limitations as a result of the condition will be provided to the employee’s supervisor.
  4. The College Director of Human Resources, in consultation with the employee and employee’s supervisor, shall:
    1. Discuss the purpose and essential functions of the particular job involved. Completion of a step-by-step job analysis may be necessary;
    2. Identify the potential accommodation(s) and assess the effectiveness of each in enabling the employee to perform the essential functions of the job; and,
    3. Recommend the accommodation(s) that is most appropriate for both the individual and the employer. While the individual’s preference will be given consideration, the College is free to choose among reasonable accommodations.
  5. To ensure that all effective accommodations have been considered, the College Director of Human Resources shall talk to the individual requesting the accommodation where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are choosing between different possible reasonable accommodations. The reasonable accommodation procedure is intended to be an interactive process, with the involvement of the employee requesting the accommodation.
  6. The employee and the employee’s supervisor and the College Director of Human Resources shall complete and sign a reasonable accommodation agreement detailing the accommodation to be provided. The employing department shall implement the agreed-upon accommodation, and make necessary adjustments.
  7. If an employee who requested an accommodation disagrees with the recommended accommodation, he/she may appeal the decision to the College President.
  8. After an accommodation is provided, the College Director of Human Resources will follow-up to evaluate the effectiveness of the accommodation.
  9. If at any time there is a question about the continuing nature of an employee’s reasonable accommodation, or if adjustments to the accommodation plan are necessary, the employee or the employee’s supervisor shall contact the College Director of Human Resources.
  10. Temporary conditions may be covered as disabilities depending on the duration and impact of the impairment and the extent it limits major life activities and shall be treated on a case-by-case basis.
  11. Requests for leave or reassignment as a reasonable accommodation due to a disability will be considered on a case-by-case basis. Typically, these are considered the “accommodations of last resort” and only utilized in certain circumstances when other accommodations would not be effective.     Requests for leave or reassignment as an ADA accommodation should be directed to the College Director of Human Resources.

E. Medical Documentation:

  1. Medical documentation may be requested by the Director of Human Resources only when the disability or need for accommodation is not obvious, or restrictions must be defined. Information from the employee’s medical practitioner may be necessary to document the employee’s job-related limitation(s) and to assist in determining an effective reasonable accommodation for the employee. The College Director of Human Resources will make all requests for medical documentation. The employee requesting an accommodation is responsible for providing the medical documentation requested. When additional information is needed, the College Director of Human Resources will request permission from the employee to contact their medical practitioner. Supervisors and managers may not request information about the employee’s disability or have access to the employee’s medical information other than restrictions imposed.
  2. If the College Director of Human Resources finds the documentation insufficient to provide an accommodation, the College Director of Human Resources will explain why the documentation is insufficient and request more complete information from the employee and directly from the employee’s medical practitioner if the employee provides a written release. If the employee still fails to provide sufficient documentation from their health care professional to substantiate that a disability exists and a reasonable accommodation is needed, The College may refuse to provide the accommodation or require the employee to be examined by an appropriate health care professional of the College’s choice and at the College’s expense.
  3. An employee’s failure to provide necessary documentation where it has been properly requested could result in a denial of reasonable accommodation.

F. Dissemination of Reasonable Accommodation Procedures

  1. Copies of the reasonable accommodation policy shall be readily available to all College employees. The policy shall be posted on the College’s intranet. It will also be available in a designated location such as the Director of Human Resources’ office.
  2. The College’s reasonable accommodation policy shall be accessible to individuals with disabilities. Copies of the reasonable accommodation Policy will be made available in alternative formats, such as large print or Braille, on request by contacting the College Human Resources Director.
December 31st, 2008|Administrative Policies|

ADM 227 – McPherson College Animals on Campus including Service and Emotional Support

  1. Statement of Policy
    McPherson College supports the use of service animals and emotional support animals on campus by those with disabilities in appropriate circumstances and in accordance with this policy. Those with questions about the use of service animals or emotional support animals should refer to this policy and/or contact the Royer Center for Academic Development on the main level of Miller Library.
  2. Definitions
    1. Service Animals are defined under the Americans with Disabilities Act (“ADA”) as dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals are working animals, not pets. The work or tasks performed must be directly related to the individual’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals.
      1. Examples of work or tasks that service animals perform include, but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as books or the telephone, alerting a person to a sudden change in blood sugar levels, providing physical support and assistance with balance and stability to individuals with mobility disabilities, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
      2. Miniature horses may also be considered service animals in certain situations.
    2. Emotional Support Animals – An emotional support animal is a companion animal which provides therapeutic benefit, such as alleviating or mitigating symptoms of a person’s disability. Emotional support animals are not service animals. However, emotional support animals will be permitted in residential facilities with prior approval from the Royer Center for Academic Development pursuant to the procedures and standards outlined below.
    3. Owner – A student who has an approved emotional support animal in residential housing.
    4. Handler – A person with a disability that a service animal assists or a personal care attendant who handles the animal for a person with a disability.
  3. Specific Procedures
    1. Students
      1. Service Animals – Students with disabilities who wish to bring a service animal to the McPherson campus – including residential facilities, classrooms, and other College buildings – may do so without prior approval. However, they are strongly encouraged to reach out to the Office of Student Life to ensure that their experience bringing the animal to campus is trouble free. Additionally, students with service animals who plan to live in residential facilities are also strongly encouraged to inform Residence Life Staff that they plan to have a service animal living with them. Advance notice of a service animal in residential facilities may allow more flexibility in meeting a student’s needs.
      2. Emotional Support Animals – Students who wish to bring an emotional support animal into residential facilities as an exception to the “no pet” policy must go through the reasonable accommodation process with the Royer Center for Academic Development. While accommodation requests will be accepted and considered at any time, requests should be made as far in advance as is reasonably possible before the student intends to bring the animal to campus in order to ensure timely consideration. An emotional support animal will not be allowed until formal approval has been received.
        1. Upon receipt of request for an emotional support animal, the Royer Center for Academic Development will communicate with the student to determine if the use of the animal is a reasonable accommodation. This is an individualized assessment, and determinations will be made on a case-by-case basis.
        2. In order for an emotional support animal to be considered as a reasonable accommodation for a student with a disability, supportive documentation should be from a professional healthcare provider (on letterhead) and generally include the following information:
          1. A current diagnostic statement that identifies the disability, including date of initial and most current diagnosis, any evaluations/testing that support the diagnosis, and a description of the functional limitation of the disability;
          2. Information regarding the relationship between the disability and the relief the animal provides; and
          3. Information that demonstrates the animal is necessary in order for the student to use and enjoy his/her living arrangement.
        3. In addition, an owner with an approved emotional support animal must keep the animal within the owner’s residence. Students are not permitted to bring emotional support animals into classrooms, meetings, or other College facilities and events.
    2. Employees and Visitors
      1. Service Animals: Visitors to McPherson College to attend sporting events, concerts or other events, visit a friend or relative, or engage in other   general activities are permitted to bring service animals onto campus without prior approval subject to the standards, responsibilities, and restrictions outlined below.
      2. Employees who believe they require the use of a service animal as a workplace accommodation should reference ADM 225 Americans with Disabilities (ADA) Reasonable Accommodation Policy and may contact the Director of Human Resources/ADA Coordinator at (620) 242-0454.
      3. Resident Directors, who have an approved animal on campus, must comply with Section V below.
      4. Emotional Support Animals: Employees and visitors may not bring emotional support animals onto campus.
  4. General Standards for the Removal of Service Animals or the Disapproval/Removal of Emotional Support Animals
    1. Decisions to remove a service animal or disapprove/remove an emotional support animal will be made on a case-by-case basis, taking into account all surrounding circumstances. However, the following general standards reflect reasons why an animal may be removed or disapproved:
      1. The animal poses a direct threat to the health or safety of others. For example, the animal displays vicious behavior towards others or has a serious illness.
      2. The animal causes or would cause substantial physical damage to the property of the College and other community members, including but not limited to students, faculty, staff, and visitors.
      3. The animal poses an undue financial and administrative burden to the College.
      4. The animal would fundamentally alter the nature of the College’s housing and/or general operations.
      5. The animal is out of control and the handler/owner does not take effective action to control it. If the out-of-control behavior happens repeatedly, the handler/owner may be prohibited from bringing the animal into College facilities until the handler/owner can demonstrate that he/she has taken significant steps to mitigate the behavior.
      6. The animal is not housebroken.
      7. The handler/owner does not abide by his/her responsibilities as outlined in Section V of this policy.
    2. When an animal has been properly removed pursuant to this policy, McPherson will work with the handler/owner to determine reasonable alternative opportunities to participate in the College’s services, programs, and activities without having the animal on the premises.
  5. Responsibilities of Handlers/Owners
    1. Laws, Ordinances, and Policies – Handlers/owners are responsible for complying with all state laws and local animal ordinances and are subject to all College policies and guidelines regarding Residence Life.
    2. Proper Identification – All animals are subject to local licensing and registration requirements.
    3. Health and Vaccination – Animals must be immunized against diseases common to that type of animal. All vaccinations must be current. These animals must wear a rabies vaccination tag and, in the case of emotional support animals, vaccination documentation must be provided to the Office of Student Life prior to the animal being allowed into any residence hall.
    4. Caring for the Animal – The cost of care, arrangements and responsibilities for the well-being of the animal are the sole responsibility of the handler/owner at all times. McPherson College will accept no responsibility for the care of any animal covered by this policy.
      1. Animals must be well groomed (residential facilities such as showers, tubs, sinks, and the like may not be used for this purpose). Animals cannot be left unattended overnight at any time. If the handler/owner must be away, they must either take the animal with them or make arrangements for the animal to be cared for elsewhere off campus. Animals cannot be confined to a vehicle, tethered or abandoned at any time. Regular and routine cleaning of floors, kennels, cages, etc. must occur. The odor of an animal emanating from a residence hall room is not acceptable.
    5. Keeping the Animal Under Control – The animal should respond to voice and/or hand commands at all times, and be fully controlled by the handler/owner.
    6. Being Responsible for Damage Caused by the Animal – Handlers/owners are personally responsible for any damage caused by their animals and must take appropriate precautions to prevent property damage. The handler/owner will be required to pay for any damages caused by the animal.
      1. An individual with an animal covered by this policy in a residence hall has an obligation to make sure that his/her residence is as clean and damage-free as the original standard, excepting normal wear and tear. When the individual moves out of residential housing or no longer owns the animal, the residence will be assessed to determine if damage to College property or extraordinary cleaning costs are attributable to the animal. If so, the owner will be financially responsible for associated costs. The College maintains the right to conduct facility inspections for the purpose of assessing damage caused by the animal or otherwise determining the owner’s compliance with this policy.
    7. Being Responsible for Waste – Cleaning up after the animal is the sole responsibility of the handler/owner and it must be done so immediately. In the event that the handler/owner is not physically able to clean up after the animal, it is then the responsibility of the handler/owner to hire someone capable of cleaning up after the animal.
    8. Leash Requirements – Service animals should be on a leash at all times, unless the owner is unable to use a leash due to a disability or the use of the leash would interfere with the animal’s ability to perform its duties. Emotional support animals must be on a leash or in a crate when leaving a residence hall to go to an off-campus location.
    9. Observing Good Animal Etiquette – To the greatest extent possible, the handler/owner should ensure that the animal does not display behaviors or make noises that are disruptive or frightening to others, unless it is part of the service being provided to the handler (e.g., barking to alert the handler of danger). The animal must possess friendly and sociable characteristics.
    10. Other Conditions and Restrictions – In response to a particular situation, McPherson reserves the right to impose other reasonable conditions or restrictions on the use of service animals and emotional support animals as necessary to ensure the health, safety, and reasonable enjoyment of College programs and activities by others.
  6. Other Information Specifically Related to Service Animals
    1. Permitted Inquiries
      1. In general, members of the McPherson community should not ask about the nature or extent of a person’s disability. However, as permitted by the ADA, if it is not obvious that the animal is required because of a disability, the handler may be asked:
        1. If the animal is required because of a disability, and
        2. What work or task the animal has been trained to perform.
      2. The handler should not be asked for documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, McPherson community members should not make inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., if the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
    2. Areas Off Limits to Service Animals
      1. While service animals are generally allowed to go anywhere on campus that the handler is allowed to go, there are certain areas where the presence of a service animal fundamentally alters the nature of a program or activity or is disruptive. Examples of the areas that are off limits to service animals include:
        1. Research Laboratories: The natural organisms carried by service animals may negatively affect the outcome of the research. At the same time, the chemicals and/or organisms used in the research may be harmful to service animals.
        2. Mechanical Rooms/Custodial Closets: Mechanical rooms, such as boiler rooms, facility equipment rooms, electric closets, elevator control rooms and custodial closets, are off-limits to service animals. The machinery and/or chemicals in these rooms may be harmful to animals.
        3. Food Preparation Areas: Food preparation areas are off limits to service animals per health codes.
        4. Areas Where Protective Clothing is Necessary: Any room where protective clothing is worn is off-limits to service animals. Examples impacting students include the kiln, chemistry laboratories, wood shops and metal/machine shops.
        5. Areas Where There is a Danger to the Service Animal: Any room, including a classroom, where there are sharp metal cuttings or other sharp objects on the floor or protruding from a surface; where there is hot material on the floor (e.g., molten metal or glass); where there is a high level of dust; or where there is moving machinery is off-limits to service animals.
      2. Questions regarding areas that are off limits to service animals should be directed to the Office of Student Life or in the laboratory setting, the laboratory instructor. Exceptions may be granted in some circumstances.
  7. Additional Matters
    1. Roommates – Upon approval of an emotional support animal, or if a student intends to have a service animal in residential housing, the student’s roommate(s) will be notified (if applicable) and solicited for their acknowledgement of such.
      1. All roommates must sign an agreement allowing the approved animal to be in residence with them. In the event that one or more roommates do not approve, the Office for Student Life will consult with all of the individuals involved and determine the appropriate course of action, including a possible switch in housing assignments.
      2. If at a point later in time there is a conflict between roommates regarding the animal that cannot be resolved, the Office for Student Life should be contacted. Appropriate parties will be consulted in order to reach a solution.
    2. Animal No Longer Necessary – The Office for Student Life should be notified when an animal covered by this policy will no longer be in residence or, in the case of emotional support animals, is no longer needed as an accommodation.
    3. Conflicting Disabilities – Some people may have allergic reactions, asthma, respiratory diseases, etc., to animals that are substantial enough to qualify as disabilities. McPherson will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities to resolve the problem as efficiently and expeditiously as possible. Students requesting allergy accommodations should contact the Office for Student Life.
    4. Concerns – Concerns regarding an animal covered by this policy can be brought to the attention of the Office for Student Life.
      1. Also, individuals with animals covered by this policy in residential housing should understand that issues may arise with other residents. The individual with the animal should be receptive to these concerns and, if necessary, contact the Office for Student Life for assistance in resolving the situation.
      2. Other residents with minor concerns about an animal in their residence hall may discuss the matter with the owner/handler or talk with a representative of the Residence Life Staff. Major concerns should immediately be brought to the attention of the Office for Student Life.
      3. Employees and visitors may also raise concerns about this policy with the Director of Human Resources at (620) 242-0454.
    5. Grievances – If the decision is made to deny a request for or remove an animal covered by this policy, students may informally discuss the situation with the VP for Academic Affairs in order to reach a resolution. Employees and visitors may informally discuss the situation with the College President in order to reach a resolution.
December 31st, 2008|Administrative Policies|

ADM 230 – Expenses & Expense Reimbursement

GENERAL:

It is expected that from time to time it will be necessary and appropriate for an employee, as a part of their assigned duties, to incur expenses on behalf of the College.

The College intends to pay, or reimburse employees, for all reasonable, necessary, and appropriate expenses in a timely manner. To ensure that College resources are used appropriately, this document sets forth the expectations associated with expense reimbursement.

POLICIES:

College Credit Card Policy
College credit cards are made available to various College employees to be used for the payment of the College expenses including lodging, car rental, meals, airline tickets, online purchases, and other miscellaneous expenses. These college credit cards are intended for business related expenses only and are not to be used for any other purpose such as personal expenses.

College Cash and Check Advance Policy
The College makes available from time to time cash or check advances to academic staff, administrative staff, and to certain authorized clubs to be used for the payment of the College expenses. These advances are intended for business related expenses only and are not to be used for any personal purchases.

Reimbursement Policy
Persons who incur expenses for College business are encouraged to incur the lowest practical and reasonable expenses that effectively accomplish the intended purpose. College employees are expected to avoid impropriety, or the appearance of impropriety, in any expense. They must conduct College business with integrity, and in a manner that excludes consideration of personal advantage or creates a conflict of interest (or the appearance of such a conflict).

This policy applies to all college employees requesting reimbursement from the College, regardless of the source of funds. Departments may elect to impose additional controls over expenditures consistent with those required within this policy.

If there is any question regarding the potential appropriateness or necessity of an expenditure, please consult the Cabinet member responsible for your department or organization. You may also address such questions to the Business Manager.

Failure to abide by these policies and associated procedures, or inappropriate use of the College credit card, may result in the College refusing to pay or reimburse the expense. It may also result in the cancellation of the credit card. In any case of misuse, the College reserves the right to recover any monies from the employee and to take appropriate disciplinary action.

PROCEDURES:

College Credit Card Procedure
All charges listed on the credit card statement must be supported by original itemized receipts. For any online purchases, a screen print with itemized detail documents the charge.   Each receipt should have hand-written comments stating the purpose of the purchase, the account code(s) to which the expense is to be charged, the signature of the individual submitting the receipt and the date it was signed.

Receipts for credit card purchases may be submitted as they are incurred, but they must be submitted for the prior month’s charges no later than the 10th of the current month. Each individual holding a College credit card will have his/her own individual folder located in the Business Office where credit card receipts will be filed. The business office will inform (via email or phone call/message) individuals of missing receipts or account codes. To facilitate timely payment of the credit card bill, the cardholder should provide the requested documentation within 3 weekdays or make other arrangements acceptable to the Business Office.

Once a reconciliation of receipts and credit card statements has been performed by the Business Office, those statements with supporting receipts will be submitted to credit card holder’s supervisor for approval. Supervisors will then be required to resubmit those statements with a signature of approval (on the statement) to the Business Office in a timely manner.

Wal-Mart Card Procedure
The College provides for the use of a Wal-Mart charge card for College purchases.   All charges listed on the Wal-Mart charge card must be supported by original itemized receipts. Each receipt should have hand-written comments stating the purpose of the purchase, the account code(s) to which the expense is to be charged, the signature of the individual submitting the receipt and the date it was signed. Wal-Mart charge card should be returned to the Business Office as soon as possible following its use.

Reimbursement Procedure
To receive reimbursement for out-of-pocket expenses, an employee must complete a reimbursement form (RF) electronically and submit it to the Business Office. (If a college credit card is used for all expenses, a RF is not required because credit card charges are not out of pocket expenses.)

Note   to   Faculty:   This   reimbursement   procedure   does   not   apply   to faculty professional development expenses. Please continue to submit a Professional Development Attendance Report to the Provost’s office.

Allowable expenses
Any amount listed for reimbursement must be for an allowable expense (necessary, reasonable, and customary for the stated business purpose) and the amount of the reimbursement request must be accurate. It must also reflect an out-of-pocket expense to the individual (i.e., it cannot have been charged to a college credit card, or otherwise paid by the College).

Basic Instructions for completion of RF:

Do

  1. Complete all applicable fields
  2. Explain business purpose clearly and concisely
  3. Attached conference registration forms, overall conference agendas, etc. and whatever is needed to outline basis activities and schedule.
  4. Attached all required itemized receipts for expenses claimed.
  5. Double-check accuracy of mileage amounts.
  6. Include explanatory comments for any unusual circumstances or costs
  7. Obtain all needed signatures (including yours)
  8. Whenever possible, submit the completed RF as soon as reasonably possible after incurring the expense and no later than 30 days after the expenditure.

Don’t

  1. List college credit card charges as reimbursable items

College Cash and Check Advances
Advances are funds issued to an individual to cover expected College expenditures. Cash advances will not exceed $200.   Check advance will not exceed $500.

To request a cash advance:

  1. Complete a cash requisition form
  2. Receive approval for cash advance from your supervisor
  3. Submit form to the business office 5 business days prior to the need for the cash

To request a check advance:

  1. Complete a check requisition form
  2. Receive approval for cash advance from supervisor
  3. Submit form to the business office 15 days prior to the need for the check

If an advance has been issued, a RF must be submitted within 15 days of the expense being incurred, with a check or cash attached if unused funds need to be returned.

Mileage Reimbursement Policy:

It is the policy of McPherson College to reimburse employees for expenses associated with the reasonable and necessary use of their privately owned vehicles in connection with College business. Prior approval by the employee’s supervisor is required.

Occasional Rate:
Reimbursement will be made of a per mile basis at the Occasional Rate.

Effective January 1, 2007, the Occasional Rate is $0.35 per mile.

This rate may be reviewed from time to time and shall be changed upon recommendation of the Business Manager, with the concurrence of the President.

Recurring Rate:

Some College employees are expected to drive a substantial number of miles on College business as a part of their recurring job duties during the course of a year (e.g., fundraisers, recruiters, etc.) The College will identify the positions and persons occupying these positions for reimbursement of expenses for mileage using a personal vehicle at a higher Recurring Rate.

Effective January 1, 2007, the Recurring Rate is $0.45 per mile.

The Business Manager, in consultation with the appropriate Cabinet member, shall designate those positions and persons eligible for reimbursement at the Recurring Rate each year by July 1. Changes in the list may be made throughout the year as needed at the discretion of the Business Manager.

In situations where an employee is expected to drive significant miles on College business, the employee and their supervisor are encouraged to consider the use of rental cars as well as personal vehicles.

Miscellaneous:

Should an unusual situation arise, exceptions to these Policies and Procedures will be handled on a case by case basis following approval by the Business Manager and the individual’s direct supervisor.

December 31st, 2008|Administrative Policies|

ADM 235 – Whistleblower

McPherson College imposes strict standards to prevent fraud and dishonesty.  If employees become aware of any evidence of fraud and/or dishonesty, they should immediately advise their supervisor or staff officer with whom they feel most comfortable, so the College can promptly investigate the matter.

In instances where a staff officer or a member of the board of directors is suspected of a fraudulent act, the president or vice president should ordinarily be informed.  Depending on the accusations, however, a concerned staff member may wish to communicate directly with the chair of the board of trustees.  The chair will in turn bring the matter to the attention of the audit committee for such action as the committee finds appropriate in the circumstances.

Employees bringing forward such information will be protected against any adverse employment action.  Any employee who is found to have engaged in retaliation will be subject to severe disciplinary action, up to and including termination of employment.

December 31st, 2008|Administrative Policies|

ADM 240 – Military Recruiters

McPherson College’s Statement of Mission expresses the College’s dedication to providing “an environment shaped by the essential values of its founding denomination,” the Church of the Brethren. Among these values are non-violence and peace. As one of the historic peace churches, the denomination has maintained its opposition to war and counsels its members against participation in the military. The Brethren also, as noted in the mission statement, “affirm diversity within the community,” and the pursuit of truth is done “with respect for the consciences and value differences of others.”

Thus the official policy of McPherson College is to permit official military recruiters on campus, but only when they are specifically invited to visit with a member of the College community. Individual students may request such visits through the career services office and will be assigned a private room for an interview. There will be no general enlistment activities on campus. This includes posters, advertisements in College publications, special display tables or booths for recruitment materials, and commissioning ceremonies.

December 31st, 2008|Administrative Policies|

ADM 245 – Intellectual Property Policy

McPherson College is dedicated to the search for truth and to sharing the resulting knowledge for the common good of society. The college therefore encourages faculty, staff, and students to undertake creative and scholarly work and to apply an entrepreneurial mindset to the development of new and useful ideas, materials, products, devices, and services. Such creative and scholarly activity provides educational opportunities for students, advances the professional development of the individuals involved, enhances the reputation of the college, and contributes to the public welfare.

As a rule, the rights to intellectual property developed by students or employees as a result of creative, scholarly, or entrepreneurial activity remain exclusively with the individual or group of individuals responsible for developing that intellectual property. This is the case regardless of the college facilities, equipment, or financial resources used in the development process and regardless of the type of intellectual property. Inventions, discoveries, procedures, systems, concepts, methods, course materials, publications, creative works—the rights to these and all other forms of intellectual property belong to those who develop them. In return for this expression of good faith, the college asks that those whose commercially profitable ideas or products have benefited from the use of college facilities or resources will consider a voluntary contribution to the college acknowledging the benefits received.

Joint ventures. In a few cases, the college may enter into a joint venture with a college employee or student. In such cases, the college’s claim to any property rights or profits will be clearly described. Unless there is such a signed agreement, McPherson College will make no claims to the intellectual property of faculty or students.

Horizon Fund Recipients. McPherson College encourages students and faculty to pursue entrepreneurial activities through Horizon Fund Grants. Consistently with the intellectual property policy above, recipients of Horizon Fund Grants sign a form granting them exclusive rights to all generated revenue and any resulting intellectual property. In addition, the form makes it clear that the college has no legal liability for debts, financial loss, or other claims against grant recipients or their ventures. A copy of the release form is available from the coordinator of entrepreneurship or from the Office of the President.

December 31st, 2008|Administrative Policies|

ADM 280 – Information Technology Usage

This statement constitutes a college-wide policy for the appropriate use of all McPherson College computing and network resources. It is intended to provide effective protection of individual users, equitable access, and proper management of those resources. These guidelines are intended to supplement, not replace, any and all existing laws, regulations, agreements, and contracts that apply to those resources.

Access to the McPherson College network and computer systems is granted subject to College policies and local, state and federal laws. Appropriate use should always be legal and ethical, reflect academic honesty and community standards, and show restraint in the consumption of shared resources. The use should demonstrate respect for intellectual property, ownership of data, system security, each individual’s rights to privacy, freedom of speech, and freedom from intimidation and harassment.

McPherson College is not responsible for unlawful, unethical, or otherwise unacceptable use of the information technology environment, including computers and computer networks or other electronic communication systems.

It is the responsibility of every user to be aware of the possible effects of manipulating information in the electronic form, to understand the changeable nature of electronically stored information, and to continuously verify the integrity, correctness and completeness of all information that is compiled, created or used.

Use of McPherson College network and computer systems is conditioned upon compliance with this and other College policies and applicable laws. Though not exhaustive, the following is a partial list of activities that are NOT allowed:

  • using facilities, accounts, access codes, privileges or information that you are not authorized to use;
  • downloading or uploading substantial parts of copyrighted work without authority (see Penalties for Copyright Infringement below)
  • viewing, copying, altering, or destroying anyone’s files without the individual’s permission;
  •  representing yourself as another user;
  • harassing others;
  • creating and/or forwarding chain letters;
  • viewing, posting or mailing obscene materials;
  • playing games that interfere with academic or administrative use; or gambling at anytime.
  • making, distributing, or using unauthorized copies of licensed software;
  • unauthorized copying, reproducing or redistributing of another’s text, photos, sound, video graphics, or information formats;
  • obstructing another’s work by consuming large amounts of system resources;
  • introducing or producing destructive software (viruses, etc);
  • attempting to cause or intentionally causing system crashes;
  • running or configuring software or hardware to intentionally allow access by unauthorized users;
  • attempting to circumvent or subvert any system’s security measures;
  • e-mailing unsolicited advertising or otherwise using College network and/or equipment for commercial gain;
  • disrupting services, damaging files or intentionally damaging or destroying equipment, software or data belonging to others;
  • using computing resources for unauthorized monitoring of electronic communications.

All users should report any improper usage of McPherson College’s computers, networks or other information processing equipment to Computer Services, ext. 2456 or 620-242-0456.

For reasons of efficiency and security, McPherson College reserves the right of access to all data contained on any computer equipment owned by the College. Employees are advised that, as against the College, they have no legitimate expectation of privacy with respect to their use of such equipment.

Persons in violation of this policy are subject to the full range of sanctions and discipline, up to and including termination. Some violations may constitute criminal offenses, under local, state or federal laws. The College will carry out its responsibility to report criminal offenses to the appropriate authorities.

Penalties for Copyright Infringement. Penalties for copyright infringement can be particularly severe. Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of copyrighted work without authority constitutes infringement, penalties for which include civil and criminal penalties.

In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less that $750  and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorney’s fees. For details, see Title 17, United States Code, Sections 504, 505.Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense, For more information, please see the website of the U.S. Copyright Office at: www.copyright.gov.

Legal alternatives to downloading copyrighted materials, both paid and free, are abundant on the Web. In addition to such well-known sources as Youtube, Vimeo, Netflix, Hulu, Pandora, Amazon Prime, iTunes, Apple Music, Spotify, Rdio, Rhapsody, et al., for streaming video and music, the following Web pages index a wide range of free, public domain or Creative Commons-licensed materials that can be used in student projects:

Images: 53+ Free Image Sources

Audio: Best Free and Legal Music Download Sites

Video: Free Video Sources

 

December 31st, 2008|Administrative Policies|

ADM 300 – Library and Media Services

Miller Library is committed to supporting faculty, staff, and students in their classroom activities, independent research, personal development, and cultural and societal studies and to helping all students achieve information literacy, in general and in their specific areas of study. All staff members are therefore, entitled and encouraged to make full use of the resources and services available.

The McPherson College identification cards will permit you to borrow all circulating materials under the same policies applicable to students. All online resources are accessible on campus computers and off- campus by using your email address and password. Also, interlibrary loan and reference services are available. Please ask for assistance in Miller Library and/or consult the Miller Library web pages for additional information.

December 31st, 2008|Administrative Policies|

ADM 310 – Parking

Licensed vehicles on campus are to be driven only on the streets and parked in areas designated for parking. Motor vehicle operators are to abide by traffic laws. Parking is available on College lots and surrounding streets.

All licensed vehicles owned or operated by students must be registered with the College. Registration occurs in the office of the Dean of Students and each registered vehicle will receive a sticker to be affixed to the windshield of the vehicle.

All vehicles are to be parked headed into the parking space.

Non-licensed, non-motorized vehicles (bikes, scooters, skateboards, etc.) may be used as transportation on campus. Please yield the right of way to pedestrians. Bike racks are located outside many buildings on campus. Bikes may be parked inside residence halls in designated bike storage areas or in a resident’s room (provided the roommate concurs).

It is recommended that vehicles be locked at all times and that valuable items not be left in a visible location in a vehicle. It is also recommended that other forms of transportation (i.e. bikes) be locked when not in use.

Persons operating or parking a vehicle in a manner that violates the above policies are subject to disciplinary action imposed by the McPherson Police and/or the College. Inappropriate use of vehicles could result in a police citation, towing of vehicles at the owner’s expense, or other actions deemed appropriate by the City or the College.

Examples of illegal or inappropriate actions:

The following examples are not an exhaustive list; they are a representative sample of actions that do not comply with City or College vehicle policies.

  • Parking or leaving a running vehicle next to a curb that is painted yellow, for any period of time. This includes areas such as the circle drive outside Mohler, Sport Center, and Metzler. The specified areas are designated to be kept clear for emergency vehicle access.
  • Parking in a handicapped spot, for any period of time, without having appropriate vehicle identification (license plate, window sticker, etc.).
  • Parking vehicles on College lots that are not eligible to be there (non-licensed vehicles, non- operating vehicles, etc.).
  • Parking licensed vehicles anywhere on campus, other than parking lot
  • Parking a vehicle inappropriately in a parking lot, in the triangle area at the end of a parking row, on a sidewalk, in an alley, or on a la Prohibited examples include a car backed into a parking space or parked at the end of a row where there is no space available.
  • Parking vehicles, such as bikes, inside campus building Bikes can be parked in designated areas (if available); however parking in hallways or stairwells poses a danger to other people in the event of an emergency evacuation.
  • Driving licensed vehicles on campus sidewalks or grassy are
  • Riding bikes, skateboards, or scooters on raised concrete areas such as Harnley Garden, the library steps, gazebo, or the brick seats around the circle drive.
December 31st, 2008|Administrative Policies|

ADM 315 – McPherson College Risk Management Policies

The role of Risk Management is to make and implement decisions that will minimize the adverse effects of accidental losses as well as business losses to the College.

Responsibilities involve:

  • Identification of risks and liability exposures by performing risk assessments and analysis with departments.
  • Evaluation and selection of risk management techniques.
  • Review of contractual agreements to transfer risk and liability exposures and ensure that insurance requirements are appropriate.
  • Management of claims against the College involving bodily injury, property damage, automobile, and other types of losses.
  • Administer and management of the College’s Liability, Property, student health, and other programs through insurance and self-insurance programs.

The Office of Financial Services also works very closely with campus organizations and departments involving student and academic programs, travel-related matters, motor vehicle record checks for employees and students, student driver safety classes, certificates of insurance, and use of facilities.

Bus Chartering Procedures:

As of 2012, a new bus chartering policy is in place. In addition, the College has signed a contract with a single provider and requires campus departments and student organizations to do business with this provider.

When a bus provider is hired, the only documentation a department should accept for signature from the provider is the “Confirmation” evidencing the date(s) of service, pick-up and drop-off information, cost and billing detail (total expense and deposit are determined between the provider and College department), description of vehicle, and it may contain other detail related directly to the trip.  It must not include any provision stating that the College would be responsible for property damage, liability, negligence, etc.

Obtain certificates of insurance and request to be added as an additional insured under the chartering company’s policy.

Invoices and Payments: Bus chartering invoicing and payments are on an as used basis.

Trip Cancellation Procedures:

In cases where cancellation by the College of a trip is necessary due to unforeseen circumstances, the College will strive to notify the bus provider as soon as possible.

  1. In cases where cancellation by the College of a trip occurs no less than six (6) hours before embarkation from the bus provider’s workplace, there will be no trip and/or penalty charges assessed.  Any prepaid trip deposit will be returned to the College.
  2. In cases where cancellation by the College of a trip is necessary due to unforeseen circumstances is less than six (6) hour notification, any penalty charges assessed will not equal the full cost of the planned trip. Such charge should be no larger than is needed to defray the bus provider’s expenses, i.e. hourly compensation for the bus driver commuting to/from work site.
  3. The College will work closely with the bus provider to confirm and schedule, with as much advance notice as possible, all anticipated trips to ensure a positive working relationship. Transportation often occurs before or after normal 8:00 am – 5:00 pm business hours.  Firm departure dates will be shared with the bus provider as soon as they are available, especially in the case of College Athletics department team trips.

Trip Tardiness/No Show

Should the coach or bus and driver arrive at the trip point of origin more than thirty (30) minutes late from the arranged time or not arrive at all, all charges connected with alternate arrangements, either made by McPherson College authorized personnel or the bus provider, will be the responsibility of the bus provider.

Driving College Owned and Rented Vehicles Including Safety and MVR Review

Only McPherson College faculty, staff, students and volunteers, who have an acceptable Motor Vehicle Record (MVR) and have been approved to drive a College Vehicle (College-owned, leased, or rented vehicles), by Facilities Management and Human Resources offices, are authorized to reserve and operate College Vehicles. Students are only allowed to operate a College Vehicle in the United States and its territories.

Minimum Age and Experience Requirements

The following minimum age and experience requirements apply to all individuals (employees, students, and volunteers) authorized to drive any vehicle on school business:

  • Drivers of high occupancy vehicles must be at least 21 years of age and have been licensed for a minimum of three years prior to driving on school business.
  • Drivers who require a Commercial Driver’s License (CDL) (Class A, B, or C per statute) to perform their job duties for the school must be at least 21 years of age and have been licensed for a minimum of three years prior to driving in a CDL capacity on school business. CDL drivers must comply with applicable requirements for medical certification and drug testing.
    • Driver Licensing Requirements
  • School employees, who drive on the job, must have a valid Driver’s License, of the classification appropriate to the type of vehicle being driven.
  • Foreign Drivers Licenses and International Drivers Licenses are not acceptable for driving on school business. Individuals with non-U.S. driver’s licenses must obtain a valid US Driver’s License prior to driving on school business.

Motor Vehicle Record Review

The school is required to review the Motor Vehicle Record (MVR) of all authorized drivers to evaluate their licensing status and citation history. Based on the MVR review, each driver’s status is classified as acceptable, conditional, or unacceptable. This section describes the MVR review process and the point system used for assigning driver status.

  • A standard MVR review includes the most recent 36 month period from the date of the request. If the full 36 month record is not reasonably available for review, the available record will be evaluated by Risk Management on a case-by-case basis. Citations that are more than 36 months in the past are not included in the review.
  • MVR review is initially conducted for new hires as part of the school’s background screening process.
  • Standard MVR review is scheduled at least annually for all registered drivers. MVR review is also performed after any vehicle accident involving a school driver, on an increased frequency for conditional drivers, and on request from a supervisor if there is a reasonable basis for the request.
  • All MVR reviews required for hiring decisions are conducted by Human Resources. Human Resources reviews the MVR and advises the hiring authority of the applicant’s status as acceptable, conditional, or unacceptable, so this information can be incorporated into the hiring decision.
  • In the event of an adverse finding only (conditional or unacceptable), RM&S forwards this information to the driver’s supervisor and Department Head with any specific driving limitations and instructions that arise from the driver’s MVR review.
  • If MVR review outside the hiring process (students, volunteers, current employees) requires an out-of-state record for any portion of the 36 month driving record, the record must be obtained through Human Resources.
  • MVR review information is considered a personnel record, and is therefore not subject to public records inspection or release unless required by subpoena, court order, or law. Each driver’s Motor Vehicle Record (MVR) is evaluated using the point system outlined below:
    • For purposes of this Fleet Safety Policy, a Moving Violation is any citation issued for which the Motor Vehicle Division assigns points to the driver’s record, except those listed below as Serious Violations. Examples include speeding, traffic control violations, failure to yield, etc.
    • Example of a Serious Violation includes any conviction for Driving Under the Influence (DUl), Reckless Driving. Racing on Highways, Aggressive Driving, Leaving the Scene of an accident, etc.

Moving Violation = 3 points
At Fault Accident = 4 points

ACCEPTABLE
4 or fewer points
CONDITIONAL
6—8 points
UNACCEPTABLE
9 or more points
No more than one moving violation or at-fault accident in the last 36 months More than one, but not more than two moving violations in the last 36 months Three or more moving violations in the last 36 months OR any serious violation in the last 36 months
Example: Example: Example:
1 speeding ticket = 3 points 2 speeding tickets = 6 points 3 speeding tickets = 9 points1 DUI
1 At Fault Accident = 4 points 2 Speeding tickets and 1 At fault accident = 10 points
Acceptable=MVR Any of these situations = Conditional MVR Either situation = Unacceptable MVR

Requirements for Conditional or Unacceptable MVR Status

The following management actions are required for current school drivers who have a Conditional motor vehicle record:

  • Upon determining that a school driver has a conditional MVR, RM&S will provide written notification to the driver’s supervisor and the Department Head, with instructions and the expected duration of conditional status, assuming no additional moving violations are received. The driver’s supervisor must obtain written authorization from their Department Head to allow the driver to continue driving on school business while their MVR is in conditional status. Conditional MVR drivers must complete defensive driving instruction as instructed by RM&S. While in conditional status, the MVR will be reviewed every 90 days to monitor if additional moving violations have occurred.
  • Failure to maintain an acceptable or conditional driving record may result in the driver’s department taking action up to and including suspension or revocation of school driving privileges and/or termination of employment.

The following management actions are required for current school drivers who have an Unacceptable motor vehicle record:

  • Upon determining that a driver has an unacceptable MVR, RM&S will provide written notification to the driver’s supervisor and Department Head with instructions and the expected duration of unacceptable MVR status, assuming no additional moving violations are received.
  • The driver must be advised in writing by either the supervisor or Department Head that the driver is prohibited from driving any vehicle on school business until the driver receives written notification from their supervisor that their driving status has returned to either conditional or acceptable status. Drivers who transition from unacceptable to conditional status require written authorization to drive.
  • A current MVR review must be conducted by RM&S prior to re-instatement of driving privileges.
  • Failure to maintain an acceptable or conditional driving record may result in the driver’s department taking action up to and including suspension or revocation of driving privileges and/or termination of employment.

The following management actions are required for job applicants who have either Conditional or Unacceptable MVRs:

  • Human Resources will evaluate the MVR of job applicants as part of regular pre-hire background screening and will advise hiring departments and RM&S of a job applicant’s MVR status.
  • The hiring department is responsible for evaluating the essential functions of the job and determining whether to proceed with the hiring of the applicant.
  • If an applicant is hired with a conditional MVR, then the requirements outlined above are immediately applicable upon hiring.

No applicant may drive on school business with an unacceptable driving record.

Student Driving (Undergraduate & Graduate Students)

The required age for driving outside the boundaries of McPherson County is a minimum of 21 years of age. Nontraditional students over 25 may drive 15-passenger vehicles.   Please note: Student drivers must be relieved of driving responsibilities every 3 hours; if travel will exceed three (3) hours (one way), then two (2) approved drivers are required. .

Domestic Vehicle Rentals (United States), Including Puerto Rico

If renting a vehicle in the United States, including Puerto Rico, there is no need to purchase the Collision Damage Waiver that is offered by the rental agency. However, if an accident occurs that involves injuries or damage to the rental vehicle, another vehicle, or other property damage (to a structure, building, guardrail, etc.), it must be reported immediately to the local police agency, rental agency, and to the Financial Services Office at McPherson College, no matter how minor the injury or damage is.

International Vehicle Rentals

Employees who rent a vehicle outside of the United States, except for Canada, must purchase the Collision Damage Waiver offered by the rental agency.  An employee must be an approved College driver prior to arranging for and operating a vehicle in another country and the approved College driver must meet all applicable laws in the country where operation of a vehicle will occur.  Please review “Rental Vehicles Allowed” for the types of vehicles that are approved to be rented under the College name. Students are not allowed to operate vehicles outside of the United States, including Canada and Mexico.  Every accident with or without injuries, including any property damage, needs to be reported immediately to the local police, the rental agency, and to the Offices of Public Safety and the Financial Services Office at McPherson College.

Refer to McPherson College Staff Policy, #6.08 Vehicle Rental and McPherson College Staff Policy #6.09 15-Passenger Van Rental.

Motor Vehicle Accident Reporting Procedures

In the event of an accident, which causes injury to persons or property, dial 911. Then contact your supervisor immediately.

For non personal injury or property damage accidents. please review the lease documentation in the vehicle’s glove compartment.  Then contact your supervisor immediately.

Rental Vehicles Allowed

If renting a vehicle from an outside rental agency (e.g., Enterprise, Hertz, Avis, an international agency, etc.), 15-passenger vans, minivans and compact, mid-size, and full-size cars can be rented under McPherson College policies.

If a department needs to rent a large vehicle for special purposes for domestic travel (e.g., a U-Haul van/truck), please contact Financial Services prior to making any rental arrangements; these requests will be reviewed on a case-by-case basis and will also need to be reviewed by the respective department’s supervisor and possibly by others. Not all requests may be able to be accommodated. Only College employees who are approved College drivers and have sufficient experience driving large vehicles will be approved to operate such vehicles, as determined by Financial Services and the respective department’s supervisor. Students are only permitted to drive smaller vehicles and in the United States only (e.g., sedan, minivan, etc.). It is common for a rental company to issue a rental agreement and request evidence of auto insurance from the College. A rental agreement is considered a contract; therefore, it would be governed by the College’s contract policy; only certain individuals at the College have signatory authority, which is stated in the contract policy.

Motor Vehicle Accident Deductibles

When an at-fault motor vehicle accident occurs involving a College Vehicle, the department will be charged an automobile insurance deductible to assist with covering the cost to repair the vehicle.  The vehicle damage assessment is conducted by the McPherson College garage and by an outside automobile repair shop.  The deductible that will be charged to a department will either be $500 or $1,000, which will depend on the type of College Vehicle.  Only approved College drivers are authorized to operate a College Vehicle.

Transporting Individuals Not Affiliated with McPherson College

Individuals not affiliated with McPherson College should provide proof of health and automobile insurance prior to being transported in any college owned or rented vehicle.

Forms:

McPherson College Travel Form
The McPherson College Travel Form can be used by faculty and staff who are coordinating student events or trips as a way to ensure that important emergency contact, participant information, release of liability and medical information is on hand in the event of an emergency. The forms must be retained in a secure location in the relevant department/school for 3 years from the date of the event/trip for all participants who are age 18 and older and must be retained indefinitely for minors (those under age 18).

The McPherson College Travel Form is located on the college intranet under HR forms, McPherson College Travel Form.

McPherson College Travel Release of Liability Waiver

Each person participating in a college-related activity must sign a waiver and the event organizer must sign the waiver as a witness.  Waivers must be retained in a secure location in the relevant department/school for 3 years from the date of the event for all participants who are age 18 and older and must be retained indefinitely for minors (those under age 18).

A release of liability waiver form is located on the college intranet under HR forms, McPherson College Travel Release of Liability Waiver.

Injuries:

If an injury occurs on campus:

  • Students: Office of Student Life
  • Visitors: Facilities Director
  • Employees: Human Resources Office

If an injury occurs to a student or employee during travel (off campus) for any College-sanctioned trip, please notify the Academic Affairs Office.

If an employee is injured, the Workers’ Comp First Report of Injury Form must be completed within 24 hours and submitted to the Human Resources office. The Workers’ Comp First Report of Injury Form is located on the college intranet under HR Forms, Workers’ Compensation. Workers’ Compensation insurance covers those who are injured or become ill as a direct result of their job.  Questions may be forward to Human Resources.

Insurance:

Insurance Requirements for Vendors (SUBJECT TO CHANGE DEPENDING ON SCOPE OF WORK).  These requirements do not apply to construction projects.
McPherson College requires Certificate(s) of Insurance be on file with our Financial Services Office for review and approval prior to the commencement of any work by your firm. Mailing address is McPherson College,1600 East Euclid, McPherson KS 67460.

McPherson College brokers with IMA in Wichita, KS for its insurance.

  1. The standard insurance requirements are as follows
    Vendor agrees to obtain and maintain in full force and effect the following insurance (at Vendor’s own expense to cover activities of Vendor and its agents, subcontractors and/or employees) before commencement of any awarded work and throughout the duration of the Agreement:

    Commercial General Liability insurance on an occurrence form, including broad form blanket contractual liability coverage, for claims arising in connection to this Agreement for personal injury, bodily injury, and property damage, including products and completed operations, with available limits not less than $1,000,000 combined single limit per occurrence and $2,000,000 general annual aggregate.

    Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired vehicles with limits of liability not less than $1,000,000 combined single limit each occurrence for bodily injury and property damage.

    Umbrella/Excess Liability Insurance over all underlying exposures with limits of not less than $5,000,000 per occurrence.

    Workers’ Compensation policies, including Coverage B Employer’s Liability, in full compliance with the Workers’ Compensation Laws of the State of Kansas and all states where the work is performed or in which a claim shall be presented.  If employer is located or resides outside the State of Kansas, the certificate must evidence the policy coverage applies to All States.

  2. In addition, and if applicable to the scope of work by Vendor, the following insurance policies may also be required:

    Professional Liability/Errors & Omissions Insurance and/or Technology Services Errors & Omissions/Technology Products Errors & Omissions with minimum limits of not less than $1,000,000 limit and in the annual aggregate (or higher limits may be required), inclusive of defense costs, and must indicate if it provides occurrence or claims-made coverage. If Professional Liability coverage is written on a claims-made form, coverage must be maintained for a minimum of three years after completion of contract. If Professional Liability policy has a self-insured retention or deductible greater than $25,000 it is required that an audited financial statement be submitted for review.  Any insurance written on a claims-made form must indicate retro date.  McPherson College must be named as an additional insured under Professional Liability/Errors & Omissions Insurance and/or Technology Services Errors & Omissions/Technology Products Errors & Omissions policy.  Further, an appropriate endorsement deleting the Insured vs. Insured exclusion must be evidenced, so as not to impede a claim by College for a wrongful act of Vendor.

    Cyber Liability Insurance requirements are the following, but the policy limits may change depending on the scope of work and cyber exposures.

    Network Security / Privacy Liability with breach response coverage: Liability should have a minimum of $1,000,000 limit and in the annual aggregate and include breach response, inclusive of defense costs.

    If cyber liability policy or policies are written on a claims-made basis, coverage must be in place for a period of at least 12 months after the completion or termination of the Agreement.  McPherson College must be named as an additional insured under the cyber policy.  Further, an appropriate endorsement deleting the Insured vs. Insured exclusion must be evidenced, so as not to impede a claim by College for a wrongful act of Vendor.

    Commercial Crime Insurance/Employee Dishonesty Coverage for loss of money, securities and other tangible property belonging to McPherson College, or for which such money, securities and other tangible property McPherson College is legally liable for, resulting directly from a fraudulent or dishonest act by Vendor’s employee, or a Vendor’s subcontracted employee, while performing professional services for McPherson College, in an amount not less than $100,000 (limit may change depending on work performed for College) for any one loss or occurrence.  Coverage will also extend to Third-Party Customer Extension, along with a Loss Payee Provision.

  3. For ALL policies required
    All insurance carriers shall be licensed in the State of Kansas, acceptable to McPherson College, and with a minimum rating of “A-,” Class VII in Best’s Key Rating Guide published by A.M. Best and Company, Inc.  Insurance shall be on a yearly basis written for not less than any amounts of liability specified as part of this contract.  The insurance may be provided in a policy or policies. The terms of all insurance shall be acceptable to the College. The limits of liability shall be as stated herein, unless prior to commencement of any work written approval is granted by the College for variance from those limits.

    Each insurance policy required to be provided, with the exception of the Workers’ Compensation and Employer’s Liability, shall be endorsed to name as additional insured McPherson College, their directors, members, officers, employees, students, and all other persons or entities as may be reasonably required by McPherson College (see separate requirements for Professional Liability and Cyber Liability policies above).  The coverage afforded the additional insured under these policies shall be primary insurance and shall include Products and Completed Operations coverage.  Additional insured endorsement CG 2010 and CG 2037 or its equivalent, without modification, is mandatory providing additional insured status to the College including Completed Operations coverage.  If the additional insured has other insurance, which is applicable to the loss, such other insurance shall be on an excess, secondary and non-contributory basis.

    Waiver of Subrogation for General Liability policy and Auto Liability policy must be included and Vendor shall waive all rights of recovery, under subrogation or otherwise, against McPherson College, and will be stated as such on the Certificate of Insurance.

    Vendor shall furnish to McPherson College a Certificate(s) of Insurance evidencing all insurance as required herein and must contain a provision the coverage and limits of liability afforded under the policies shall not be materially altered, non-renewed, canceled, reduced or allowed to expire without thirty (30) days prior written notice to the certificate holder.

    Submittals of any of the foregoing documentation may also be required for any subcontractors. Subcontracting is allowable only with prior approval of the College. Vendor and subcontractors must abide by necessary procedures, requirements and regulations outlined in the contract.

    Certificates of Insurance
    A Certificate of Insurance is a document that evidences specific insurance coverage.  The Certificate provides verification of the insurance and contains information on an insured’s policies including; limits of coverage, insurance company name, policy number, named insured, additional insured, the policy effective/term dates, etc.  A certificate is provided to third parties who require it in the course of doing business with the insured party.

    Certificates are usually requested by opposite parties in an agreement, contract, or transaction to make certain the other party has the appropriate insurance coverage.

    The College’s insurance requirements for third parties are subject to change depending on the scope of work.  If you have any questions, please contact Financial Services.  McPherson College requires a Certificate of Insurance when the College contracts with an outside party.

    There will be times when College departments are required to provide a Certificate of Insurance to a third party for an off-campus event or activity.  Please complete the Certificate of Insurance Request Form below at least 10 days prior to the scheduled event.

    Student Health Insurance
    All athletes and international McPherson College students are required to carry student health insurance. They can purchase this from the college if needed. It is preferred that all students be covered by student health insurance of some type. We prefer the international students purchase this insurance even though they may have a policy that is accepted in the US.

Property and Liability:

McPherson College protects its assets through a Property Insurance Plan brokered with IMA, Wichita, KS.  This involves the College purchasing insurance to protect against risks, such as fire, weather damage, or theft, and also insures for a broad scope of property losses, such as computers, equipment, and building contents, as well as for third-party liability losses.  Insurance deductibles may also apply.  All damage to or loss of College-owned property is to be reported to Financial Services immediately to determine if the loss is insured, self-insured, or qualifies for a third-party claim.

Personal Property is Not Considered College-owned property. Therefore, it is not covered by the College’s Property Insurance Plan.

Computer Theft or Damage

The College maintains an insurance program to cover the theft of College-owned computer equipment.  In each instance of theft or damage, the department must report the details of the occurrence immediately to Financial Services and Information Technology Services.  Details must include the date; time and location of loss; and equipment type and identification.

Travel:

Financial Services works closely with campus departments on domestic and international travel arrangements.  This involves faculty and staff who travel with students for academic programs, student organizations, sport teams, etc.  Financial Services will assist with identifying risks associated with your travel, and then recommend how to implement risk management techniques, such as contracts, insurance, transportation methods, etc.

Domestic Travel:

Travel resources include:

  • ADM230 Expenses & Expense Reimbursement
  • ADM 315 Risk Management Policies
  • Staff Policy 6.08 Vehicle Rental
  • Staff Policy 5.09 15-Passenger Van Rental
  • McPherson College Travel Form
  • Release of Liability Waiver

International Travel

For all International travel, please contact the Office of Academic Affairs.
All McPherson College faculty, staff, and students are covered by insurance for medical and evacuation emergencies.

Contracts:

Overview

Many McPherson College employees, in the course of their regular work for the institution, are faced with the need to negotiate and execute contracts which legally bind the College. This policy and contract management guide is intended to provide those employees with a framework for understanding the specifics of the contract creation, review and acceptance process; the essential elements which should be incorporated into all contracts to which the College is a party; and the limits, constraints, authorities, and approvals required before a contract can be executed on behalf of McPherson College.

Reason for Policy

Because all contracts create legally binding obligations, entering into a contract exposes College resources and College employees themselves to certain statutory and legal risks. To protect against this risk exposure, it is essential that departments or individual administrators intending to enter into a contract with outside parties follow established procedures with regard to responsibility and authority to execute contracts (including financial limits) as well as review procedures designed to ensure that proper contract requirements and approvals have been satisfied.

(A) Policy Statement

Contracts entered into on behalf of McPherson College must be reviewed and approved by designated College personnel to ensure compliance with established College policy regarding contract language and stipulations. Contracts may only be executed by College designated signatories as specified in this policy.

The Performance of Work, Ordering of Goods, or Contracting of Services encompassed by a contract between McPherson College and a third-party vendor should under no circumstances commence prior to the review and approval of a formal contract as set forth in this policy document.

(B) Definitions

Contract – A legally enforceable agreement, contract, lease, or license between two or more parties (for the purpose of this policy, letters of intent and purchase orders, whether or not legally enforceable, should be treated as contracts).

Included in this definition are:

  • Contracts for the purchase (or the provision by the College) of goods and services (including purchase orders);
  • Contracts for the purchase (or sale by the College) of real property;
  • Contracts for the construction, renovation or maintenance of new or existing facilities;
  • Contracts for the purchase (or sale by the College) of investments;
  • Contracts to borrow funds (debt) or establish lines of credit;
  • Contracts to establish annuity arrangements with donors;
  • Contracts for the engagement of performers or entertainers;
  • Contracts for the purchase (or sale by the College) of professional services;
  • Contracts for the purchase or use (or sale by the College) of patents or intellectual property;
  • Contracts between a governmental agency or private funding source and the College for external funding of research projects or other activities;
  • Contracts/agreements for student workers with outside agencies to participate in volunteer activities or “service learning”;
  • Contracts for the use of College resources or facilities such as athletic venues, dining facilities, or other owned College properties;
  • Contracts to lease facilities for college use.
  • Contracts or subcontracts with another educational institution to participate in funding for research (or to subcontract funded research)

Signatory Authority -The authority of specifically designated (groups of) employees/representatives to sign on behalf of the College according to the tiers of financial limits or limits established in the corporate resolution set forth by this Contract Policy.

Delegated Signatory Approval-The delegation of signatory authority to authorized representatives to execute contracts on behalf of a College department where the total contract amount is less than $50,000.00. Signatory approval may be granted to employees by the terms of this Contract Policy or in letter form by the President or a Vice President for Finance of the College.

Sponsored Activities -All grant funding agreements should be signed by the Vice President for Finance or a designated member of the finance staff.

(C) Policy: Contract Requirements, Mandatory Clauses, and Contract Exclusions

Insurance–The College requires certain minimum levels of insurance coverage in each of several areas for any parties contracting with McPherson College and contracting parties should attest to such coverage within the language of any contract, in addition to providing requisite certificates under McPherson insurance requirements(see Insurance attachment):

  • General Liability including Products and Completed Operations: Minimum $1,000,000.00
  • Automobile Liability: Minimum $1,000,000 Combined Single Limit (if operating vehicles or driving on McPherson campus or McPherson-owned or rented property.
  • Workers Compensation: required for all parties performing work on College-owned or rented property.

Insurance amounts required may be higher for architects and contractors or others on major projects whose value exceeds $5,000,000.00 and the College may further require that umbrella liability coverage be in place and acknowledged within contract language.

Note: The College itself may be required to provide general liability insurance when using a third party’s real estate or equipment, to insure art work or equipment we are renting or leasing, or to insure vehicles we are renting. Where such insurance is required of McPherson College by a contract, the initiating employee should be in contact with the Vice President for Finance for guidance and documentation before executing any contract on behalf of the College.

Indemnification Clause-Any contracts executed on behalf of McPherson College should include an indemnification clause intended to protect the College against negligent acts by the contracting third party. Such clause should contain the following language:

[Contracting Party]__agrees to defend, indemnify, and hold harmless McPherson College, its respective affiliates, contractors, officers, directors, trustee, employees and agents from and against all claims, liabilities, damages, and expenses, including attorney’s and other professional’s fees, arising out of or related to the intentional or negligent acts or omissions of [Contracting Party], its affiliates, contractors, officers, directors, trustees, employees or agents.

Independent Contractor Clause–Any contracts executed on behalf of McPherson College should include an independent contractor clause to ensure against the contracting party alleging employment status with the College. Such clause should contain the following language:

Neither [Contracting Party]__,nor any person assisting [Contracting Party]_in its obligations under this agreement, shall be deemed to be an employee of McPherson College. Furthermore, the arrangements contemplated by this agreement shall not be deemed to constitute a partnership or joint venture between [Contracting Party]_and McPherson College. Neither [Contracting Party]__,nor any other person assisting [Contracting Party]__,shall be covered by an employee benefit program maintained by McPherson College including, but not limited to, health insurance and worker’s compensation benefits.

Identification of McPherson College-The College shall be identified as McPherson College in all contracts and agreements. The official address for the College shall be Office of the Vice President for Finance, 1600 E Euclid St, McPherson College, McPherson, Kansas 67460. Contracts executed on behalf of the College should specify a primary contact person for all subscribing parties as well as phone and fax numbers for such contact persons.

Legal Counsel Review-If a prospective contract/agreement includes provisions:

  • that pose substantial monetary, legal, or physical risks to the College;
  • that contain non-standard clauses with which the College representative is not familiar or comfortable;
  • that touch upon highly technical conditions, scope of work, or specific guarantees of performance

the Financial Services should be contacted to ascertain if outside counsel should be consulted prior to execution of the contract.

Contact with outside counsel for the purpose of contract review, should only be initiated through the Financial Services.

Entire Agreement Clause-The College requires that contracts include an entire agreement clause that clearly states that the written contract constitutes the whole agreement and that no verbal or side agreements will be acceptable or enforceable.

Force Majeure Clause-Contracts should contain a “force majeure” clause that addresses delay in performance or inability to perform caused by forces beyond the parties control (war, acts of god, natural disasters, etc.).

Governing Law Clause-The College requires that contracts specify that all contract provisions are governed by the laws of the State of Kansas.

Termination in Event of Default Clause-The College requires that contracts incorporate a “termination in event of default” clause. Such clause should define the events of a default clearly and should apply equally to both parties. Included in such events would be unsatisfactory performance, non-payment, unexpected change in contract terms, and any others as applicable to a specific contract. Such clause should also incorporate a provision for written notification of default to the defaulting party, including exact address and method of communication acceptable for such notice of default. Additionally, such clause should contain provision(s) for remedy of default, specifying acceptable corrective action and time allowed for completion of such corrective action.

Mandatory Clause Exclusions: The College will not execute contracts which contain the following clauses or limitations:

  • Automatic Renewal–No contract should include an automatic renewal clause
  • Single Indemnification Clause(benefiting third party only) –The College does not allow single indemnification clauses that only protect the outside contracting party
  • Limitation of Liability –No contract should contain language allowing the outside contracting party to limit their potential liability.
  • Serving of alcohol–Except for approved Caterers, no contract should specify the provision of alcoholic beverages.

Payments Under a Contract: Where possible, contract language should specify that payment of College obligations under the contract will be made by College check under terms specified in the contract, preferably with early payment discount options.

When the College agrees to reimburse expenses of the contracting party for such items as meals, mileage, hotels, airfares, copies and documents, third party consultants, etc., contract language should specify that such reimbursements will only be made upon presentation of receipts for such expenses by the primary contracting party.

Specific Performance: Wherever possible, contract language should carefully specify the obligations of the contracting party to perform a service for McPherson College including defined out comes such as operation standards for equipment or objective measures of workmanship on construction as well as absolute timeframes for completion of work. Where contracts involve the delivery of products or systems, specifications related to such products or systems should be carefully and completely defined and provisions for testing and standards for formal acceptance should be embedded in the contract language.

(D) Policy: Signature Authority and Review Process

Six levels of signature authority and approval govern the execution of contracts on behalf of McPherson College. The signature levels defined below is required on any contract binding the College according to the schedule of monetary value of purpose below :

(1) Unless stated otherwise below, contracts with value in excess of $50,000*: President or Vice President for Finance.

(2) Unless stated otherwise below, contracts with value in excess of $10,000 but less than $50,000*. President; Vice Presidents; Deans; Director of Facilities or Athletic Director.

(3) Unless stated otherwise below, contracts with value up to $10,000: President; Vice Presidents; Deans; Director of Facilities; Controller; or Athletic Director.

Other areas per corporate resolution:

(4) Contracts or agreements outside the ordinary course of the college’s business (including without limitation real estate sales contracts), Farm Service Agency documents outside the ordinary course of the college’s business, and official reports are to be signed by the President or the Vice President for Finance. Brokerage accounts may be opened as needed upon the signature of President or the Vice President for Finance.

(5) Contracts or documents transferring ownership of real property owned by McPherson College (including, without limitation, mineral deeds, oil and/or gas leases but not including documents creating residential leases of farm tenancies) must be signed by both

  1. a) The President or VP for Finance and
  2. b) The Chair, Vice Chair, Secretary, or Treasurer of the Board of Trustees.

6) Loans on behalf of the college require the signatures of both the President and Vice President for Finance.

(E) Policy & Practice: Contracts Prepared and Submitted by Vendors and Performers/Contracts Not Easily Changed

Administrators charged with managing contract activity for McPherson College will frequently find themselves faced with pre-formatted contracts prepared by vendors, their attorneys, and/or their agents and presented to McPherson as the terms under which they (the vendor) will perform or deliver goods and services. Managing this aspect of the contract relationship for the College is as important as negotiating a brand-new agreement with a vendor and poses the additional difficulty of securing the interest of the College in the context of another party‟s contract language which often overtly favors the outside contracting party.

In order to guarantee the College interest is well served and that risk to the College is adequately managed within the context of a vendor-prepared contract, an administrator should follow these steps:

  • Read the contract fully and carefully and understand the College’s risks and the contracting party’s obligations under the contract.
  • Consider the terms of the contract in the context of the College requirements outlined above:

Does the contract provide for adequate insurance coverage by the vendor?

Does the contract provide for indemnification of the parties –if so, is the indemnification only to the vendor?

Does the contract contain an “Entire Agreement‟ clause? Does the contract provide (unacceptable) Limitation of Liability for the outside contracting party?

Does the contract conform to the other provisions outlined in contract policy’ above?

Where vendor-submitted contracts contain language unduly favoring the outside contracting party, it is important to remember that such contracts can and should be amended by negotiation and by adding clauses to secure College interests which satisfy the contract policy requirements noted above or, alternatively, striking out unacceptable clauses which pose excessive risk to the College.

In such cases, an administrator acting as the initiator or principal contact for such a proposed contract should seek the review and guidance of the Vice President of Finance. After such review, an amended contract may be executed by McPherson and returned to the vendor for final acceptance and signature/initialing of College initiated changes/clauses. This process is most likely to be successful with smaller and mid-sized local and regional vendors.

There also may be vendor prepared agreements, especially those from very large corporate entities like IBM, Microsoft, Oracle, Siemens, Sunguard, etc. related to site licenses, service agreements, software packages and on-line software services, and/or major construction where vendors will not be flexible as to the alteration of the contractual terms offered to McPherson. In these cases, the review of the contract by the Office of the Vice President for Finance, and even by outside counsel prior to execution is essential to assure that College interests are not unduly compromised by the terms of the contract.

(F) Contract Checklist (for initiators and reviewers)

Before embarking on a contract finalization process have you:

  • Reviewed Contract Management Policy?
  • Thoroughly read and understood the contract?
  • Tried to identify (and quantify) the risks inherent in the contract?
  • Determined the approvals required to complete the contract process?

Check List:

  1. Does my level of signatory authority or approval allow me to execute this contract? Do I need to obtain the signature approval of a supervisor or senior manager to finalize this agreement?
  2. Has the budget for expenses associated with this contract been approved?
  3. Will delivery of goods or services under this contract fall in the same budget year as the funding?
  4. Do the vendors under this contract have a history with the College; if not, have the vendors been reviewed and approved by the Financial Services?
  5. Do other departments need to be involved in the review or implementation of this contract?
  6. Does the contract contain special requirements or unique clauses? If so, have they been reviewed by the next levels of management? What special risks do they pose to the College?
  7. Are the performance standards for services provided or goods/systems delivered clearly set forth in the contract?
  8. Will this contract give rise to annual price increases, ancillary contracts and/or recurring costs to the College such as maintenance agreements, contract renewals, or requirements for additional equipment? If so, have such additional/ongoing costs been reviewed by the budget office and funded?
  9. If the contract is the result of a Request for Quotation or a Request for Bid, is that documentation a part of the contract or attached as an exhibit?
  10. Has the contract been submitted to the business office and stored with other contracts in a centralized location?

(G) Other Considerations

As noted previously in this document, many contracts executed by College personnel in the course of supporting the College mission originate not with McPherson College but with the vendor or contractor providing a good or service to the College.

It is important to emphasize that the use of common sense, careful practices, and thorough communications should be the guiding principles for personnel whose College responsibilities extend to negotiating, approving, and executing contracts on behalf of McPherson. All of the aspects of good contract management defined elsewhere in this policy document will not necessarily apply collectively in each and every situation and to each and every contract.

For example, software licenses and usage contracts as well as contracts for access to online resources or databases do not involve vendor personnel on College property and may render considerations of insurance coverage irrelevant. The complete absence of indemnification clauses for both parties might well not constitute a fatal flaw in contract language structure. Liability limitations may well be excluded if the monetary risk inherent in the contract is effectively inconsequential. Such a list of caveats and nuanced considerations around contract requirements could be extensive.

What is of paramount importance in the execution of contracts is that the standards of review and approval outlined here be sensibly adhered to in order to assure that appropriate oversight has been exercised before the College is legally bound. Additionally, it is crucial that the monetary thresholds for approval authority be followed in order to meet the requirements of our outside audit firms for prudent administration and strong management controls.

 

 

Office of:
Rick Tuxhorn, CPA, CGMA
Vice President for Finance

December 31st, 2008|Administrative Policies|

ADM 320 – Gramm-Leach-Bliley Act Policy

Title: McPherson College -Gramm-Leach-Bliley Act Policy
Effective Date: June 30, 2016
Issuing Authority: Office of the Vice President for Finance
Program Coordinator:  Rick Tuxhorn, CPA
Last Updated: August 4, 2016

Purpose of Policy

This Policy is intended to comply with the Financial Services Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act (GLBA), enacted by United States Congress in 1999.  Financial institutions, including anyone who offers financial products that are considered to be covered accounts, such as loans, are required to comply with the Gramm-Leach-Bliley Act.  The Gramm-Leach-Bliley Act requires that Financial Institutions have a policy in place to protect consumer information from foreseeable threats in security and data integrity.

Policy

McPherson College will provide safeguards to protect information and data in compliance with the Gramm-Leach-Bliley Act, related to the privacy and protection of personal information.

Procedures

There are three major components of the Gramm-Leach-Bliley Act including a Financial Privacy Rule, Safeguards Rule, and Pretexting Protection.

Financial Privacy Rule

The Financial Privacy Rule requires financial institutions to provide each consumer with a privacy notice at the time the consumer relationship is established and annually thereafter.  This privacy notice must explain the information collected about the consumer, where that information is shared, how that information is used, and how that information is protected.  The notice must also identify the consumer’s right to opt-out of the information being shared with unaffiliated parties.  It is not the practice of McPherson College to share information with unaffiliated parties.

The FTC has ruled in 16 C.F.R.  Section 313.1(b) that any institution of higher education that complies with the Family Educational Rights and Privacy Act (FERPA) satisfies the privacy requirement of the GLBA.  In instances such as deferred gift agreements, where McPherson College acts as a financial institution outside of the student financial records subject to FERPA, McPherson College privacy notices will be sent out annually.

Safeguards Rule

The Safeguards Rule requires financial institutions to develop a written information security plan that describes how the Company is prepared for and protects consumers’ nonpublic personal information.  The College has an Information Security Policy that accomplishes the requirements of this rule and designates program coordinators to oversee the compliance of various types of protected personal information.

Pretexting Protection

The Gramm-Leach-Bliley Act requires the financial institution take adequate measures to protect from pretexting, which occurs when someone tries to gain access to personal nonpublic information without the proper authority to do so.  The College has a Fair & Accurate Credit Transaction Act Policy, also known as Red Flag Rules, which accomplishes the requirements of this rule.  It includes an annual risk assessment of the security and privacy risks of the covered accounts, at which time any adjustments to security processes are made.  The annual assessment also includes the review of procedures for employees who have access to covered data and information. This assessment is done in July and appears to be in compliance.

December 31st, 2008|Administrative Policies|

ADM 325 – Information Security Policy

Title: McPherson College – Information Security Policy
Effective Date: June 30, 2016
Issuing Authority:  Office of the Vice President for Finance and Information and Instructional Technologies
Program Coordinators:  Vice President for Finance and Director of Information and Instructional Technologies
Last Updated: August 4, 2016

 

Purpose of Policy

Information and information systems are critical college resources and assets.  McPherson College has adopted these information and computing policy statements to safeguard the college’s investments and to comply with various regulatory agencies.

Policy

The protected data and information maintained by the college must be handled and managed in accordance to state or federal mandates.   All employees are expected to know and adhere to this policy and related policies referenced within this policy.  Violations of these policies can lead to revocation of system privileges and/or disciplinary action including termination of employment.

The use of any McPherson College data and information, in any format, for anything beyond the operation of the college is strictly forbidden.  Unacceptable uses includes sharing the data with groups, organizations, or activities that are not college-sponsored or college-approved, use of data for personal gain, use of data to satisfy personal curiosity, removing data or reports from the campus except in the required performance of college duties, or use by individuals outside of their normal job responsibilities.

Procedures

McPherson College uses access controls and other security measures to protect the confidentiality, integrity, and availability of the college’s data and information.  Data and information can be stored and transmitted in a variety of ways, including but not limited to computer files stored on desktop computers, CD’s, servers, portable electronic storage devices, paper files, audio or video files, telephone calls, and verbal communications.  The College is the owner of all administrative data although the individual units or departments may have stewardship responsibilities for portions of that data.

Electronic protected or confidential data must follow Securing College Data.  Whenever possible, paper files should never contain protected or confidential data such as social security numbers.  When it is absolutely necessary, the paper files must be attended or kept in a secured, locked area.   Protected or confidential data should not be taken off campus, but if necessary, it should be never be left unattended.  If absolutely necessary to leave in a vehicle, it must be locked in the trunk.

Any individual using protected or confidential data of McPherson College must follow the policies that provide detailed guidance for the security of that specific type of data.

Notifications for Breach of Security:

The Policy defines “personal information” as:
“an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements is not encrypted:

  1. Social Security number;
  2. driver’s license number or student identification card number; or
  3. account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.”

If you believe personal information or any other type of protected or confidential data may have been breached at McPherson, the following incident response steps should immediately be taken:

  1. The individual who discovers the breach should immediately notify Financial Services.
  2. Financial Services will contact the Vice President for Finance and if electronic information or devices are involved, the Director of Computer Services will also be notified.
  3. The Controller, Vice President for Finance and Director of IIT will determine if a breach of security of data has occurred, and the appropriate action to take.

The Controller, Vice President for Finance, Director of Computer Services, and Director of Marketing and Communications may utilize guidance for dealing with a data breach and sample notification letter formats that can be found on the Federal Trade Commission website.

Types of Protected or Confidential Data:

McPherson College classifies data into three categories:

Protected:

This data is protected under state and federal regulations such as FERPA, HIPPA, Graham-Leach-Bliley, and others.  Data elements in this group include, but are not limited to, social security numbers, student ID numbers, credit card numbers, medical information, bank account numbers, grades, date and/or location of birth, drivers license information, ACH (automated clearing house) numbers, tax return information, credit rating, income history, loan payment history, passport information, coursework, etc.

Confidential:

This data is not protected under state and federal regulations but the college has determined that this information should be held private.  This data may include promotion materials, salary, employee ID numbers, review files, etc.

General College Data:

This data pertains to the operation of the college and use is not restricted.

Protected or Confidential Data includes, but is not limited to:

Protected Data

Confidential Data

FERPA GLBA HIPAA PCI DSS FACTA COLLEGE
Social Security Numbers X X X
Student ID Numbers X
Grades X
Courses Taken X
Class Schedule X
Test Scores X
Advising Records X
Educational Services Received X
Student Disciplinary Actions X
Bank Account Numbers X X
Credit Card Numbers X X X
Date and /or Location of Birth X X
Account Balances (Loans, Student/Bank Account) X X
Loan Payment Histories X X
Credit Ratings X X
Income History X X
Driver’s License Information X X
ACH (Automated Clearing House) Numbers X X
Tax Return Information X X
Passport X X
Real Estate Values X X
Health Plan Premiums X
Health Plan Eligibility X
Health Plan Claims Benefits X
Health Plan Enrollment/Dis-enrollment X
Health Plan Payments/Remittance X
Health Plan Claims and Status X
Individually Identifiable Health Information X
Health Referral Certification and Authorization X
First Report of Injury X
Salary and Benefits X
Promotion and Review Materials X
Employee ID Numbers X

 

McPherson College Policies for Protected or Confidential Data:

Securing College Data
Office Responsible:  Information and Instructional Technologies
Program Coordinator:  Andy Ullom
Summary:  McPherson guidance for protecting electronic information

Gramm-Leach-Bliley Act (GLBA)
Office Responsible:  Vice President for Finance
Program Coordinator:  Rick Tuxhorn, CPA, CGMA
Summary:   To protect consumer information from threats in security and data integrity.

Family Educational Rights and Privacy Act (FERPA)
Office Responsible:  Registrar’s Office
Program Coordinator:  Trisha Hartshorn
Summary:  Educational Institutions must grant and protect certain rights relating to educational records.

Health Insurance Portability and Accountability Act (HIPAA)
Office Responsible:   Human Resources Office
Program Coordinator:  Brenda Stocklin-Smith
Summary:  To protect the privacy of personal health information

Payment Card Industry Data Security Standards (PCI DSS)
Office Responsible:   Vice President for Finance and Information and Instructional Technologies Director
Program Coordinator:  Rick Tuxhorn, CPA, CGMA and Andy Ullom
Summary:  Anyone who processes credit card payments must follow laws set by credit card companies. This policy is in process.

Fair and Accurate Credit Transactions Act (FACTA)/Red Flag Rules
Office Responsible:   Vice President for Finance
Program Coordinator: Rick Tuxhorn, CPA, CGMA
Summary:  We must be able to detect red flags for identity theft in instances where we issue credit.

Copyright Laws
Office Responsible:  Vice President for Academic Affairs
Program Coordinator:  Bruce Clary
Summary:   All employees of the College are expected to follow laws that protect copyrights.

December 31st, 2008|Administrative Policies|

ADM 330 – Securing College Data Policy

Title: McPherson College – Security College Data
Effective Date: June 30, 2016
Issuing Authority: Information Technologies
Program Coordinator:  Director of IT
Last Updated: July 8, 2016

Purpose of Statement

This document is intended to provide a summary of the policies and procedures McPherson has adopted to help safeguard our digital data.

Policy

All employees are expected to know and adhere to the policies that safeguards digital information and data in order to comply with state and federal regulations, as well as College policies.

Procedures

Access to Data
Individuals wishing to access or use college data must request such access through the “data custodian” for that particular data set.  Each office, department, or division that maintains core college data (protected, confidential or general) is responsible for assigning one or more individuals to serve as data custodians.  These data custodians are responsible for managing the use, access, archiving, and sharing of the data to ensure that it is properly handled within their office area and by those that are granted access to the data.

Individuals who are given rights to access or use college data are responsible for maintaining the privacy of protected and confidential data and must agree to abide by any college policies and state or federal laws and regulations governing such data.  Individuals may be required to take training on FERPA, HIPPA, GLBA, etc. prior to getting access to those data elements.

In order to maintain the security of the college’s data and information the college retains the authority to:

  1. restrict or revoke any user’s privileges,
  2. inspect, copy, remove, or otherwise alter any data, program, or other system resource that may undermine these objectives, and
  3. take any other steps deemed necessary to manage and protect its information systems and the data and information held within those systems.

This authority may be exercised with or without notice to the involved users.  McPherson College disclaims any responsibility for loss or damage to data or software that results from its efforts to meet these security objectives.

 

File and Information Privacy

All information on McPherson servers, desktop computers or on computer storage media, including digital mail, is considered college property.  While Information Technology (IT) makes every reasonable effort to ensure the security of digital files, employees should be aware of the following:

Any individual using the McPherson College systems and networks from any computer automatically consents to the monitoring of their activities in the course of systems maintenance or security related investigations.  In addition, in order to conduct the College’s business and assure compliance with College policies and the law, the College may need to monitor or review digitally stored information.  If, in the course of such monitoring, systems personnel reveal possible evidence of criminal activity or College policy violations, systems personnel may provide the evidence of such monitoring to the College or law enforcement officials.

Select employees of IT have access to all information stored on the McPherson servers.  Those employees may include the custodians of the campus servers maintained by IT and/or IT student workers whose responsibilities are associated with the servers.  Such access is necessary in order for IT employees to perform their duties, and is normally exercised upon the request of the account owner, in cases of systems security and performance problems, upon presentation of warrants, subpoenas, or court orders, or upon the request of an individual’s supervisor.  Supervisors requesting access to an employee’s computer files must first consult with the Human Resources Office and must present a valid work-related issue or need or convincing evidence of probable cause related to a violation of federal or state regulations or College policies before IT staff will access files.

Every digital file and e-mail message stored on the McPherson servers are backed up and, therefore, are reproducible and may be subpoenaed in the event of a court case.  Users should be aware of this when creating files and e-mail messages intended for individuals both on and off campus.

E-mail correspondence should not be considered private.  The individual to whom one sends an e-mail message may allow another person to access the mail message or may forward it to others.  In addition, while McPherson makes every effort to ensure the security of e-mail messages routed on the College network, e-mail messages sent via the Internet are not guaranteed that same level of security and privacy.

Personal files and e-mail stored by employees on their college-provided desktop computer or on the McPherson servers should not be considered private.  In the course of routine maintenance, upon the request of the immediate supervisor, or upon the presentation of warrants, subpoenas, and court orders personal files may be accessed by IT staff.

Information posted to the World Wide Web is not private and, in most cases, is readable by other individuals around the world.  While it is possible to restrict direct access to on-campus users only, this does not preclude wider distribution of materials.  Users should consider carefully the content and nature of materials posted to the Web in light of these realities.

Entering computer accounts or reading digital files without proper authorization is considered misuse of computers.  Individuals suspected of accessing others’ files without permission will be referred to the appropriate office for action.

  • Who has access to our campus computing systems and networks?
  • When do access rights cease? What if someone is terminated?
  • How do we control digital access to systems and networks?
  • What constitutes misuse?
  • What about personal use of computers and the campus network?

Off-campus use of data and information
There are occasions when employees will take confidential or protected data off-campus. In all cases the employee must get permission from his or her supervisor prior to moving the data and information. The employee must present a valid work reason for the removal of this data and is responsible for abiding by campus policies.

Employee Responsibilities for Computer Security

  1. Keep your password confidential, do not share it with others, and absolutely do not write it down and “hide it” at your desk.  Never log someone else in to your account or use another person’s username and password. Many of our business systems track data changes by username.  For auditing purposes it is imperative that we know who made changes to the data.  Your password is your responsibility and you will be held accountable for activities within your account and activities associated with your username and password.
  2. “Lock” your computer when you step away from it. This can be done by adding a password to the screen saver.
  3. Do not store highly protected or confidential data on your computer hard drive.  If your machine is stolen, the data is stolen too.  Store protected or confidential data on the server.  IT backs up the central servers nightly. If you store files on your hard drive, you need to work with your supervisor to establish the appropriate backup schedule for any files you keep on your computer.
  4. Do not keep any protected or confidential data on a laptop.  Laptop theft is one of the more common ways sensitive data is stolen.
  5. Protected or confidential data should not leave campus.  If special circumstances arise and this data must leave campus, the data must be in an encrypted format.  IT can work with individuals to set up encryption.
  6. Social security numbers should never be used as unique identifiers.  IT is working to purge all social security numbers from our systems except where it is absolutely necessary.  You should verify that you do not have social security numbers in any of your data files.  You should also make sure that you don’t have paper documents with social security numbers too.
  7. Word and Excel have options to password protect files.  You should consider this for highly sensitive files. Please note that it is difficult to crack these passwords so be sure to set the password to something you can remember.
  8. Never set your browser to remember your username and passwords for websites.  You should also turn off the “autocomplete” feature in your browser.
  9. Do not store credit card numbers on your hard drive.

If you supervise staff, make sure everyone knows the procedures for dealing with protected or confidential data.

December 31st, 2008|Administrative Policies|

ADM 335 – PCI DSS for Accepting Credit Card Payments Policy

Title: McPherson College Payment Card Industry Data Security Standards (PCI DSS) Policy for Accepting Credit Card Payments
Effective Date: June 30, 2016
Issuing Authority:  Rick Tuxhorn, CPA, CGMA and Andy Ullom
Program Coordinator:  Vice President for Finance and Information Technologies Director
Last Updated: August 5, 2016

Purpose of Policy

In order to accept credit card payments, the College is required to comply with the Payment Card Industry Data Security Standards (PCI DSS), which were established by a group of credit card companies (American Express, Discover, JCB, MasterCard, Visa) to protect merchants and cardholders from cardholder information theft.  The College must also comply with the Federal Trade Commission’s Fair and Accurate Credit Transactions Act (FACTA), which was also intended to reduce identity theft.  This policy will be reviewed at least annually and will be updated as needed to reflect changes to the business objectives or the risk environment.

Policy

In order to comply with these standards and to provide adequate data security measures, Departments must contact the Business Office to receive approval prior to accepting credit cards information and follow the procedures described below to ensure the security of credit card information.  Departments will need to consider the impact of credit card fees and note that most merchant service agreements prohibit or enforce strict rules regarding the assessing of convenience fees and surcharges to the consumer. This process is still in the implementation stage.

Departments are prohibited from collecting credit card information on the McPherson College network, storing any credit card information electronically, or sending credit card information via electronic means (e.g. email, chat, instant messaging).  Devices used to process credit cards should use only the necessary services of the device to process credit card payments.  All services not directly needed to perform the device’s specified function should be disabled.  These devices should only be used in locations where credit card acceptance is necessary and all procedures in this policy can be followed.

Access to cardholder data should be limited to only those individuals whose jobs require such access.  Each individual with access to cardholder data should have a unique user ID, when applicable.  User ID’s should not be shared with other individuals.  Approval should be obtained from the appropriate parties (IIT, Business Office, Individual Departments, etc.) to use credit card processing technologies.

Procedures

The following procedures should be adhered to when processing payments:

For credit card payments over the internet:

  1. We must use payment gateways that are PCI DSS compliant for receiving, transmitting and storing credit card data.  The transaction information should be collected and securely stored by the payment gateway or processor, so there is no reason for credit card data to be collected or stored on McPherson College computers or network.
  2. Departments should obtain from the payment gateway or processor only the information necessary to apply the payment (such as the name and amount).  There should typically not be any reason to obtain files or print reports containing the credit card data.  The full contents of any track data from the magnetic stripe, the card verification code and the PIN should not be stored under any circumstances.  In the event of dispute or chargeback, we can research the transaction on the processor’s website via secure login.
  3. IT policies are required to be followed when accepting credit card payments and IT personnel should be contacted to discuss all specific PCI security issues.

For credit card payments where a card is present:

  1. Credit card equipment must be capable of protecting stored data and encrypting transmitted credit card data.  Imprint machines should not be used.
  2. Credit card information must be truncated to the last 5 digits.  The full card number should never be printed on anything, including the customer copy, our copy or batch reports.  In the event of dispute or chargeback, we can research the transaction on the merchant account website via secure login.
  3. Any signed slips or batch reports should be retained in a locked file or vault for 18 months, and then securely destroyed.  They should never contain the full card number.

For credit card payments when the card is not present (via mail or phone):

  1. Follow rules that apply to “when card is present” or using the secure payment gateway.
  2. Whenever possible, we should refer the individual to a secure payment gateway, rather than having them mail credit card information or writing it down over the phone.  If it is absolutely necessary to have the credit card information in hardcopy, it should be entered promptly and then immediately destroyed by shredding so that cardholder data cannot be reconstructed.  Containers storing information waiting to be destroyed must be secured to prevent access to the contents.
  3. IIT policies are required to be followed when accepting credit card payments and IIT personnel should be contacted to discuss all specific PCI security issues.

The following procedures should be adhered to when setting up a credit card account:

  1. Always contact the Controller or VP for Finance in the Business Office before setting up an account.  In some cases, IT will also be contacted if it involves processing transactions via the internet.  Departments and individuals processing credit card payments must sit down with the Business Office to be trained in the policies and procedures of accepting credit cards prior to accepting this type of payment.
  2. The Business Office will set up each department merchant account under McPherson College’s main headquarter account, which will enable the Business Office to access all accounts and research items when reconciling.
  3. Separate merchant accounts should not be set up for Discover.  Merchants now have the capability to clear Visa, MasterCard, and Discover together on a single merchant account.  American Express has this capability as well, but the fees are higher for it, so we have typically set up separate American Express merchant accounts.
  4. Departments should set their accounts up to deposit gross sales daily.  Any fees should be debited out of the bank account as a separate transaction.  Please do not set up the accounts to have fees net out of the sales deposit.
  5. Departments must provide daily accounting records to the Business Office for credit card transactions, unless other arrangements have been made for the Business Office to import credit card deposit information from the payment gateways.
  6. Access to credit card information should be limited to only those employees who need the information for their jobs and who deal with similar administrative duties on a regular basis.

The following procedures should be adhered to regarding incident identification:

Employees must be aware of their responsibilities in detecting security incidents to facilitate the incident response plan and procedures.  All employees have the responsibility to assist in the incident response procedures within their particular areas of responsibility.  Some examples of security incidents that an employee might recognize in their day to day activities include, but are not limited to,

  • Theft, damage or unauthorized access (e.g. papers missing from their desk, broken locks, missing log files, alert from public safety, evidence of a break-in or unscheduled/unauthorized physical entry)
  • Fraud – Inaccurate information within databases, logs, files or paper records

The Controller or VP for Finance should be notified immediately of any suspected or real security incidents involving cardholder data.  If you do not feel comfortable doing so, report your concern anonymously to the Campus Hotline at (866) 943-5787.

In the event that credit card information is compromised, the incident response steps under the “Notifications for Breach of Security” section of the College Information Security Policy must be followed.

December 31st, 2008|Administrative Policies|