Administrative Policies

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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.

UPDATED: 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.

UPDATED: 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.

UPDATED: 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.

 

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.

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.

UPDATED: December 31st, 2008|Administrative Policies|

ADM 150 – Sexual Misconduct Policy and Complaint Resolution Procedures

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.

 

  1. 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.

 

  • 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, VP for Academic Affairs

1600 East Euclid

McPherson College

McPherson KS  67460

620-242-0505

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, M.Ed., 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.

 

  1. 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.

  1. 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.

  1. 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
    1. 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)
    1. 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.

  1. 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
    1. 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)

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 

  1. 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.

 

  1. Students

It is the responsibility of students to review this policy and comply with it.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

  1. 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):

  • Spiritual Life Coordinator

McPherson College

(620) 242-0503 or 2503 from campus extension

  • McPherson County Sexual Assault/Domestic Violence Center

1-800-701-3630

  • 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

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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
    1. 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.

 

  1. 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.

 

  1. Interim Measures for the Parties

Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the parties involved from further discrimination, harassment, or retaliation. This may include assisting and allowing an individual 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. Such changes may be available regardless of whether the individual 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.

  1. 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.

 

  1. 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.

  1. 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.  Other incidences may include where child abuse and neglect, abuse and neglect of an adult with mental challenges and/or something so very damaging to the very existence of the college.

 

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.

 

  1. 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.

 

  1. 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.

 

  • 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.

 

  • 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

  1. 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

 

  1. 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.

  1. 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.

  1. 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.

  1. 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

 

  1. 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.

 

At the outset of the investigation, the Investigating Officer will provide prompt written notice of the investigation to the respondent. This notice will include the identities of the parties involved, the specific section of the Sexual Misconduct Policy allegedly violated, the precise conduct allegedly constituting the potential violation, and the date and location of the alleged incident. This information is given to the respondent prior to any investigative meeting.

 

  1. 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. Throughout the investigation, the parties will be given advance written notice of any meetings in which they must attend so that they have time to prepare and participate. All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information.

 

  1. Resolution

At the conclusion of the investigation, the Investigating Officer will prepare a preliminary investigation report. The preliminary 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. Both parties will be provided with a copy of the preliminary report and will have three (3) business days to provide written comments to the report, if desired. After considering the parties’ comments, if any, the Investigating Officer will issue a final report 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 final 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 final 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.

 

The final 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.

 

  1. 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.

 

  • 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
    1. 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 any

 

When 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

UPDATED: September 28, 2016|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.

UPDATED: December 31st, 2008|Administrative Policies|

ADM 170 – Nondiscrimination/Equal Employment Opportunity/Sexual Misconduct Statement

ADM 170 – McPherson College Nondiscrimination/Equal Employment Opportunity/Sexual Misconduct 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.  :

  • 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

VP for Academic Affairs

1600 East Euclid

McPherson College

McPherson, KS  67460

(620) 242-0505

claryb@mcpherson.edu

Brenda Jill Stocklin-Smith, M.Ed., 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, M.Ed., 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:

http://wwwi.mcpherson.edu/admin-policies/adm-180-policy-against-discrimination-harassment-and-retaliation-and-complaint-procedure/

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

  • Administrative Policy 150: Sexual Misconduct Policy and Complaint Resolution Procedures

http://wwwi.mcpherson.edu/admin-policies/adm-150-sexual-misconduct-policy-and-complaint-resolution-procedures/

Sexual Misconduct Incident Report:

http://wwwi.mcpherson.edu/human-resources/sexual-misconduct-incident-report/

  • Administrative Policy 225: Americans with Disability (ADA) Reasonable Accommodation Policy

http://wwwi.mcpherson.edu/admin-policies/adm-225-americans-with-disability-ada-reasonable-accommodation-policy/

  • Statement of Non-Discrimination and Confidentiality:

http://www.mcpherson.edu/academics/academic-support/disability-services/

http://www.mcpherson.edu/students/student-right-to-know/

UPDATED: March 16, 2017|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, M.Ed., 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.
UPDATED: September 28, 2016|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.

 

UPDATED: December 31st, 2008|Administrative Policies|

ADM 190 – Administrative Leave of Absence

ADM #190 Administrative Leave of Absence

The college president, or in her/his absence the college president’s designee, may place any college employee 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.

UPDATED: December 31st, 2008|Administrative Policies|

ADM 192 – Family and Medical Leave Act (FMLA) Leave of Absence Policy

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 in 2008 and all interpretations shall comply with that intent.

II. Policy

    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.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. 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.
  2.  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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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 DesignationNotice. 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.
UPDATED: January 27th, 2019|Administrative Policies|

ADM 195 – McPherson College Drug and Alcohol Free Workplace Policy

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, used as prescribed, and 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.   “Workplace” also means where the employee is doing the majority of her/his work.  (But see the Off-campus College Functions paragraph under Section 3: Prohibitions.)

 

“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 )
  • 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 factIf 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.

Off-campus College Functions: An exception to the definition of the workplace as “any…place at which a McPherson College employee performs work for the College or is directed by the College to be…where the employee is doing the majority of her/his work” may be granted for some College functions off of the main college campus. At the functions, beer, wine or liquor may be served with prior approval from the college president. Consumption may be strictly monitored and controlled. It is recommended that the beverage service at any pre-authorized, off-campus event, be contracted to a licensed third-party provider.

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 benefits 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 upon, or to 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), 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: Distribution of Materials

 

The following items will be distributed to all employees:

 

  • A copy of this po
  • A document which describes the health risks associated with use of illicit drugs and the abuse of alcoho(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 workplace, 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 8: 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 9: Oversight Responsibility

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

Section 10: Education and Drug- & Alcohol-Related Services

As part of the New Student Orientation (NSO), first-year students participate in a workshop 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.

UPDATED: 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.

UPDATED: 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

UPDATED: 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.

UPDATED: 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.
UPDATED: 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.
UPDATED: September 28, 2016|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, 2019, the Occasional Rate is $0.58 per mile and is subject to change.

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, 2019, the Recurring Rate is $0.58 per mile and is subject to change.

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.

UPDATED: 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.

UPDATED: 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.

UPDATED: 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.

UPDATED: 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

 

UPDATED: March 12, 2016|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.

UPDATED: 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.
UPDATED: 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

UPDATED: 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.

UPDATED: 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.

UPDATED: August 4, 2016|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.

UPDATED: December 31st, 2008|Administrative Policies|

ADM 335 – PCI DSS for Accepting Credit Card Payments Policy

ADMINISTRATIVE POLICY #335

MCPHERSON COLLEGE

Credit Card Security Policies

PCI DSS 3.2

Version 1.3 – October, 2017

 CONFIDENTIAL INFORMATION

This document is the property of MCPHERSON COLLEGE; it contains information that is proprietary, confidential, or otherwise restricted from disclosure. If you are not an authorized recipient, please return this document to the above-named owner. Dissemination, distribution, copying or use of this document in whole or in part by anyone other than the intended recipient is strictly prohibited without prior written permission of MCPHERSON COLLEGE.


Revision History

Changes Approving Manager Date
Initial Publication Rick Tuxhorn, CFO June 30, 2016
August 5, 2016
October, 2017

 

Introduction and Scope

Introduction

This document explains MCPHERSON COLLEGE’s credit card security requirements as required by the Payment Card Industry Data Security Standard (PCI DSS) Program.  MCPHERSON COLLEGE management is committed to these security policies to protect information utilized by MCPHERSON COLLEGE in attaining its business goals.  All employees are required to adhere to the policies described within this document.

Scope of Compliance

The PCI requirements apply to all systems that store, process, or transmit cardholder data.  Currently, MCPHERSON COLLEGE’s cardholder environment consists only of limited payment applications (typically point-of-sale systems) connected to the internet, but does not include storage of cardholder data on any computer system.

Due to the limited nature of the in-scope environment, this document is intended to meet the PCI requirements as defined in Self-Assessment Questionnaire (SAQ) C, ver. 3.0, released February, 2014.  Should MCPHERSON COLLEGE implement additional acceptance channels, add additional connected systems, begin storing cardholder data in electronic format, or otherwise become ineligible to validate compliance under SAQ C, it will be the responsibility of MCPHERSON COLLEGE to determine the appropriate compliance criteria and implement additional policies and controls as needed.

Requirement 1:  Build and Maintain a Secure Network

Firewall Configuration

Firewalls must restrict connections between untrusted networks and any system in the cardholder data environment.  An “untrusted network” is any network that is external to the networks belonging to the entity under review, and/or which is out of the entity’s ability to control or manage. Access to the internet must be through a firewall, as must any direct connection to a vendor, processor, or service provider.(PCI Requirement 1.2)

Inbound and outbound traffic must be restricted by the firewalls to that which is necessary for the cardholder data environment.  All other inbound and outbound traffic must be specifically denied. (PCI Requirement 1.2.1)

Perimeter firewalls must be installed between any wireless networks and the cardholder data environment.  These firewalls must be configured to deny or control (if such traffic is necessary for business purposes) any traffic from the wireless environment into the cardholder data environment. (PCI Requirement 1.2.3)

Firewall configuration must prohibit direct public access between the Internet and any system component in the cardholder data environment as follows:

  • Direct connections are prohibited for inbound and outbound traffic between the Internet and the cardholder data environment. (PCI Requirement 1.3.3)
  • Outbound traffic from the cardholder data environment to the Internet must be explicitly authorized by management and controlled by the firewall. (PCI Requirement 1.3.5)
  • Firewalls used to protect the cardholder data environment must implement stateful inspection, also known as dynamic packet filtering. (PCI Requirement 1.3.6)

Any mobile and/or employee-owned computers with direct connectivity the Internet (for example, laptops used by employees), which also have the ability to access the organization’s cardholder data environment must have a local (personal) software firewall installed and active.  This firewall must be configured to specific standards, and not alterable by mobile and/or employee-owned computer users. (PCI Requirement 1.4)

 

Requirement 2:  Do not use Vendor-Supplied Defaults for System Passwords and Other Security Parameters

Vendor Defaults

Vendor-supplied defaults must always be changed before installing a system on the network.  Examples of vendor-defaults include passwords, SNMP community strings, and elimination of unnecessary accounts. (PCI Requirement 2.1)

Default settings for wireless systems must be changed before implementation.  Wireless environment defaults include, but are not limited to: (PCI Requirement 2.1.1)

  • Default encryption keys
  • Passwords
  • SNMP community strings
  • Default passwords/passphrases on access points
  • Other security-related wireless vendor defaults as applicable

Firmware on wireless devices must be updated to support strong encryption (such as WPA or WPA2) for authentication and transmission of data over wireless networks.

Configuration Standards for Systems

Configuration standards for all system components must be developed and enforced. MCPHERSON COLLEGE must insure that these standards address all known security vulnerabilities and are consistent with industry-accepted system hardening standards. (PCI Requirement 2.2)

Configuration standards must be updated as new vulnerability issues are identified, and they must be enforced on any new systems before they are added to the cardholder data environment. The standards must cover the following:

  • Changing of all vendor-supplied defaults and elimination of unnecessary default accounts.
  • Implementing only one primary function per server to prevent functions that require different security levels from co-existing on the same server. (PCI Requirement 2.2.1)
  • Enabling only necessary services, protocols, daemons, etc., as required for the function of the system. (PCI Requirement 2.2.2)
  • Implementing additional security features for any required services, protocols or daemons that are considered to be insecure. (PCI Requirement 2.2.3)
  • Configuring system security parameters to prevent misuse
  • Removing all unnecessary functionality, such as scripts, drivers, features, subsystems, file systems, and unnecessary web servers. (PCI Requirement 2.2.5)

System administrators and any other personnel that configure system components must be knowledgeable about common security parameter settings for those system components. They must also be responsible to insure that security parameter settings set appropriately on all system components before they enter production. (PCI Requirement 2.2.4)

System administrators are responsible to insure that security policies and operational procedures for managing vendor defaults and other security parameters are documented, in use, and known to all affected parties. (PCI Requirement 2.5)

Non-Console Administrative Access

Credentials for non-console administrative access must be encrypted using technologies such as SSH, VPN, or SSL/TLS. Encryption technologies must include the following: (PCI Requirement 2.3)

  • Must use strong cryptography, and the encryption method must be invoked before the administrator’s password is requested.
  • System services and parameter files must be configured to prevent the use of telnet and other insecure remote login commands.
  • Must include administrator access to web-based management interfaces.
  • Use vendor documentation and knowledge of personnel to verify that strong cryptography is in use for all non-console access and that for the technology in use it is implemented according to industry best practices and vendor recommendations.

Requirement 3:  Protect Stored Cardholder Data

Prohibited Data

Processes must be in place to securely delete sensitive authentication data (defined below) post-authorization so that the data is unrecoverable. (PCI Requirement 3.2)

Payment systems must not store of sensitive authentication data in any form after authorization (even if encrypted). Sensitive authentication data is defined as the following:

  • The full contents of any track data from the magnetic stripe (located on the back of a card, equivalent data contained on a chip, or elsewhere) are not stored under any circumstance. (PCI Requirement 3.2.1)
  • The card verification code or value (three-digit or four-digit number printed on the front or back of a payment card) is not stored under any circumstance. (PCI Requirement 3.2.2)
  • The personal identification number (PIN) or the encrypted PIN block are not stored under any circumstance. (PCI Requirement 3.2.3)

 

Displaying PAN 

MCPHERSON COLLEGE will mask the display of PANs (primary account numbers), and limit viewing of PANs to only those employees and other parties with a legitimate need. A properly masked number will show at most only the first six and the last four digits of the PAN. This requirement does not supersede stricter requirements in place for displays of cardholder data—for example, legal or payment card brand requirements for point-of-sale (POS) receipts. Policies and procedures for masking the display of PANs must mandate the following: (PCI requirement 3.3)

  • A list of roles that need access to displays of full PAN is documented, together with a legitimate business need for each role to have such access.
  • PAN must be masked when displayed such that only personnel with a legitimate business need can see the full PAN.
  • All other roles not specifically authorized to see the full PAN must only see masked PANs.

Requirement 4:  Encrypt Transmission of Cardholder Data Across Open, Public Networks

Transmission of Cardholder Data

In order to safeguard sensitive cardholder data during transmission over open, public networks, MCPHERSON COLLEGE will use strong cryptography and security protocols (for example, SSL/TLS, IPSEC, SSH, etc.). These controls will be implemented as follows: (PCI Requirement 4.1)

  • Only trusted keys and certificates are accepted.
  • The protocol in use only supports secure versions or configurations.
  • The encryption strength is appropriate for the encryption methodology in use.

 

Industry best practices (for example, IEEE 802.11i) must be used to implement strong encryption for authentication and transmission for wireless networks transmitting cardholder data or connected to the cardholder data environment. Weak encryption (for example, WEP, SSL version 2.0 or older) is not to be used as a security control for authentication or transmission. (PCI Requirement 4.1.1)

Sending unencrypted PANs by end-user messaging technologies is prohibited.  Examples of end-user technologies include email, instant messaging and chat. (PCI requirement 4.2)

 

Requirement 5: use and Regularly Update Anti-Virus Software or Programs

Anti-Virus Protection

All systems, particularly personal computers and servers commonly affected by viruses, must have installed an anti-virus program which is capable of detecting, removing, and protecting against all know types of malicious software. (PCI Requirement 5.1, 5.1.1)

 

For systems considered to be not commonly affected by malicious software, MCPHERSON COLLEGE will perform periodic evaluations to identify and evaluate evolving malware threats in order to confirm whether such systems continue to not require anti-virus software. (PCI Requirement 5.1.2)

 

All anti-virus programs must be kept current through automatic updates, be actively running, be configured to run periodic scans, and be capable of as well as configured to generate audit logs. Anti-virus logs must also be retained in accordance with PCI requirement 10.7. (PCI Requirement 5.2)

 

Steps must be taken to insure that anti-virus mechanisms are actively running and cannot be disabled or altered by users, unless specifically authorized by management on a case-by-case basis for a limited time period. (PCI Requirement 5.3)

 

Requirement 6:  Develop and Maintain Secure Systems and Applications

Risk and Vulnerability

MCPHERSON COLLEGE will establish a process to identify security vulnerabilities, using reputable outside sources for security vulnerability information, and assign a risk ranking (for example, as “high,” “medium,” or “low”) to newly discovered security vulnerabilities.

Risk rankings are to be based on industry best practices as well as consideration of potential impact. For example, criteria for ranking vulnerabilities may include consideration of the CVSS base score, and/or the classification by the vendor, and/or type of systems affected. Methods for evaluating vulnerabilities and assigning risk ratings will vary based on an organization’s environment and risk-assessment strategy. Risk rankings should, at a minimum, identify all vulnerabilities considered to be a “high risk” to the environment. In addition to the risk ranking, vulnerabilities may be considered “critical” if they pose an imminent threat to the environment, impact critical systems, and/or would result in a potential compromise if not addressed. Examples of critical systems may include security systems, public-facing devices and systems, databases, and other systems that store, process, or transmit cardholder data. (PCI Requirement 6.1)

All critical security patches must be installed with one month of release. This includes relevant patches for operating systems and all installed applications. All applicable non-critical vendor-supplied security patches are installed within an appropriate time frame (for example, within three months). (PCI Requirement 6.2)

 

Requirement 7:  Restrict Access to Cardholder Data by Business Need to Know

Limit Access to Cardholder Data

Access to MCPHERSON COLLEGE’s cardholder system components and data is limited to only those individuals whose jobs require such access. (PCI Requirement 7.1)

Access limitations must include the following:

Access rights for privileged user IDs must be restricted to the least privileges necessary to perform job responsibilities. (PCI Requirement 7.1.2)

Privileges must be assigned to individuals based on job classification and function (also called “role-based access control). (PCI Requirement 7.1.3)

Requirement 8:  Assign a Unique ID to Each Person with Computer Access

Remote Access

Two-factor authentication must be incorporated for remote access (network-level access originating from outside the network) to the network by employees, administrators, and third parties. (PCI Requirement 8.3)

Vendor Accounts

All accounts used by vendors for remote maintenance shall be enabled only during the time period needed. Vendor remote access accounts must be monitored when in use. (PCI Requirement 8.1.5)

 

Requirement 9:  Restrict Physical Access to Cardholder Data

Physically Secure All Areas and Media Containing Cardholder Data

All publicly accessible network jacks must have physical and/or logical controls to restrict access to the secure network by unauthorized personnel. (PCI requirement 9.1.2)

Hard copy materials containing confidential or sensitive information (e.g., paper receipts, paper reports, faxes, etc.) are subject to the following storage guidelines:

All media must be physically secured. (PCI requirement 9.5)

Strict control must be maintained over the internal or external distribution of any kind of media containing cardholder data.  These controls shall include: (PCI Requirement 9.6)

  • Media must be classified so the sensitivity of the data can be determined. (PCI Requirement 9.6.1)
  • Media must be sent by a secure carrier or other delivery method that can be accurately tracked. (PCI Requirement 9.6.2)
  • Management approval must be obtained prior to moving the media from the secured area. (PCI Requirement 9.6.3)

Strict control must be maintained over the storage and accessibility of media containing cardholder data. (PCI Requirement 9.7)

Destruction of Data

All media containing cardholder data must be destroyed when no longer needed for business or legal reasons. (PCI requirement 9.8)

Hardcopy media must be destroyed by shredding, incineration or pulping so that cardholder data cannot be reconstructed. (PCI requirement 9.8.1.a)

Containers storing information waiting to be destroyed must be secured (locked) to prevent access to the contents by unauthorized personnel. (PCI requirement 9.8.1.b)

Protection of Payment Devices

Devices that capture payment card data via direct physical interaction with the card (such as swipe readers and any other payment terminals) must be protected. This protection must include preventing the devices from being tampered with or substituted. (PCI requirement 9.9)

MCPHERSON COLLEGE must maintain an up-to-date list of devices. Employees shall be instructed to maintain the integrity and currency of the inventory. The list should include the following: (PCI requirement 9.9.1)

  • Make and model of all devices.
  • Location of each device (for example, the address of the site or facility where the device is located).
  • Device serial number or other method of unique identification.

The payment devices must be periodically inspected. Check surfaces to detect tampering (for example, addition of card skimmers to devices). Checks must also be made that will detect substitution (for example, by checking the serial number or other device characteristics to verify it has not been swapped with a fraudulent device). (PCI requirement 9.9.2)

Employees and contractors who interact with the payment devices must be provided with training that enables them to be aware of attempted tampering or replacement of devices. Training should include the following: (PCI requirement 9.9.3)

  • Employees must verify the identity of any third-party persons claiming to be repair or maintenance personnel prior to granting them access to modify or troubleshoot devices.
  • Employees must be instructed not to install, replace, or return devices without verification from management. The inventory list (required previously) must be updated by the employee when device locations are changed or new devices are added.
  • Employees need to be aware of suspicious behavior around devices (for example, attempts by unknown or unauthorized persons to unplug or open devices).

Requirement 10:  Regularly Monitor and Test Networks

Audit Log Collection

MCPHERSON COLLEGE will implement technical controls that create audit trails in order to link all access to system components to an individual user. The automated audit trails created will capture sufficient detail to reconstruct the following events:

 

  • All actions taken by any individual with root or administrative privileges. (PCI Requirement 10.2.2)
  • All invalid logical access attempts (failed logins). (PCI Requirement 10.2.4)
  • Any use of and changes to identification and authentication mechanisms—including but not limited to creation of new accounts and elevation of privileges—and all changes, additions, or deletions to accounts with root or administrative privileges. (PCI Requirement 10.2.5)

MCPHERSON COLLEGE’s log generating and collecting solution will capture the following data elements for the above events:

  • User identification. (PCI Requirement 10.3.1)
  • Type of event. (PCI Requirement 10.3.2)
  • Date and time. (PCI Requirement 10.3.3)
  • Success or failure indication. (PCI Requirement 10.3.4)
  • Origination of event. (PCI Requirement 10.3.5)
  • Identity or name of affected data, system component, or resource. (PCI Requirement 10.3.6)

Audit Log Review

MCPHERSON COLLEGE’s systems administrators will perform daily review of the audit logs. This review may be manual or automated but must monitor for and evaluate: (PCI Requirement 10.6.1)

  • All security events.
  • Logs of all system components that store, process, or transmit CHD and/or SAD, or that could impact the security of CHD and/or SAD.
  • Logs of all critical system components.
  • Logs of all servers and system components that perform security functions (for example, firewalls, intrusion-detection systems/intrusion-prevention systems (IDS/IPS), authentication servers, e-commerce redirection servers, etc.).

The audit review must also check the logs of all other system components periodically based on the organization’s policies and risk management strategy, as determined by the organization’s annual risk assessment. (PCI Requirement 10.6.2)

Subsequent to log review, systems administrators or other responsible personnel will follow up exceptions and anomalies identified during the review process. (PCI Requirement 10.6.3)

MCPHERSON COLLEGE must retain audit trail history for at least one year, with a minimum of three months immediately available for analysis (for example, online, archived, or restorable from backup). (PCI Requirement 10.7)

 

Requirement 11:  Regularly Test Security Systems and Processes

Testing for Unauthorized Wireless Access Points

At least quarterly, MCPHERSON COLLEGE will perform testing to ensure there are no unauthorized wireless access points (802.11) present in the cardholder environment.  (PCI Requirement 11.1)

 

The methodology must be adequate to detect and identify any unauthorized wireless access points, including at least the following:

  • WLAN cards inserted into system components.
  • Portable or mobile devices attached to system components to create a wireless access point (for example, by USB, etc.).
  • Wireless devices attached to a network port or network device.

To facilitate the detection process, MCPHERSON COLLEGE will maintain an inventory of authorized wireless access points including a documented business justification. (PCI Requirement 11.1.1)

 

If automated monitoring is utilized (for example, wireless IDS/IPS, NAC, etc.), the configuration must be capable of generating alerts to notify personnel. Detection of unauthorized wireless devices must be included in the Incident Response Plan (see PCI Requirement 12.10). (PCI Requirement 11.1.2)

 

Vulnerability Scanning

At least quarterly, and after any significant changes in the network (such as new system component installations, changes in network topology, firewall rule modifications, product upgrades), MCPHERSON COLLEGE will perform vulnerability scanning on all in-scope systems.  (PCI Requirement 11.2)

 

Internal vulnerability scans must be performed at a minimum quarterly and repeated until passing results are obtained, or until all “high” vulnerabilities as defined in PCI Requirement 6.1 are resolved. Scan reports must be retained for a minimum of a year. (PCI Requirement 11.2.1)

Quarterly external vulnerability scan results must satisfy the ASV Program guide requirements (for example, no vulnerabilities rated higher than a 4.0 by the CVSS and no automatic failures).  External vulnerability scans must be performed by an Approved Scanning Vendor (ASV), approved by the Payment Card Industry Security Standards Council (PCI SSC). Scan reports must be retained for a minimum of a year. (PCI Requirement 11.2.2)

For both internal and external vulnerability scans, MCPHERSON COLLEGE shall perform rescans as needed to validate remediation of failures detected during previous scans, as well as after any significant change to the network. Scans must be performed and reviewed by qualified personnel. (PCI Requirement 11.2.3)

If segmentation is used to isolate the CDE from other networks, perform tests at least annually and after any changes to segmentation controls/methods to verify that the segmentation methods are operational and effective, and isolate all out-of-scope systems from in-scope systems. These tests need to be done from multiple locations on the internal network, checking both for improper accessibility from the out-of-scope zones to the in-scope zone as well as the reverse. (PCI Requirement 11.3.4)

For all in-scope systems for which it is technically possible, MCPHERSON COLLEGE must deploy a change-detection mechanism (for example, file-integrity monitoring tools) to alert personnel to unauthorized modification of critical system files, configuration files, or content files; and configure the software to perform critical file comparisons at least weekly. The change detection software must be integrated with the logging solution described above, and it must be capable of raising alerts to responsible personnel. (PCI Requirement 11.5.1)

For change-detection purposes, critical files are usually those that do not regularly change, but the modification of which could indicate a system compromise or risk of compromise. Change-detection mechanisms such as file-integrity monitoring products usually come pre-configured with critical files for the related operating system. Other critical files, such as those for custom applications, must be evaluated and defined by the entity (that is, the merchant or service provider). (PCI Requirement 11.5)

 

Requirement 12:  Maintain a Policy that Addresses Information Security for Employees and Contractors

Security Policy

MCPHERSON COLLEGE shall establish, publish, maintain, and disseminate a security policy that addresses how the company will protect cardholder data. (PCI Requirement 12.1)

This policy must be reviewed at least annually, and must be updated as needed to reflect changes to business objectives or the risk environment.  (PCI requirement 12.1.1)

Critical Technologies

MCPHERSON COLLEGE shall establish usage policies for critical technologies (for example, remote-access technologies, wireless technologies, removable electronic media, laptops, tablets, personal data/digital assistants (PDAs), email, and internet usage.  (PCI requirement 12.3)

These policies must include the following:

  • Explicit approval by authorized parties to use the technologies. (PCI Requirement 12.3.1)
  • Authentication for use of the technology. (PCI Requirement 12.3.2)
  • A list of all such devices and personnel with access. (PCI Requirement 12.3.3)
  • Acceptable uses of the technologies. (PCI Requirement 12.3.5)
  • Acceptable network locations for the technologies. (PCI Requirement 12.3.6)
  • Automatic disconnect of sessions for remote-access technologies after a specific period of inactivity. (PCI Requirement 12.3.8)
  • Activation of remote-access technologies for vendors and business partners only when needed by vendors and business partners, with immediate deactivation after use. (PCI Requirement 12.3.9)

Security Responsibilities

MCPHERSON COLLEGE’s policies and procedures must clearly define information security responsibilities for all personnel. (PCI Requirement 12.4)

Incident Response Policy

The VP for Finance shall establish, document, and distribute security incident response and escalation procedures to ensure timely and effective handling of all situations.  (PCI requirement 12.5.3)

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 a security guard, video evidence of a break-in or unscheduled/unauthorized physical entry).
  • Fraud – Inaccurate information within databases, logs, files or paper records.

Reporting an Incident

The VP for Finance should be notified immediately of any suspected or real security incidents involving cardholder data:

Contact the _Financial Services Department to report any suspected or actual incidents. The Internal Audit’s phone number should be well known to all employees and should page someone during non-business hours.

No one should communicate with anyone outside of their supervisor(s) or the _VP for Finance  about any details or generalities surrounding any suspected or actual incident.  All communications with law enforcement or the public will be coordinated by the _Financial Services Department.

Document any information you know while waiting for the VP for Finance to respond to the incident. If known, this must include date, time, and the nature of the incident. Any information you can provide will aid in responding in an appropriate manner.

Incident Response Policy (PCI requirement 12.10.1)

Responses can include or proceed through the following stages: identification, severity classification, containment, eradication, recovery and root cause analysis resulting in improvement of security controls.

Contain, Eradicate, Recover and perform Root Cause Analysis

  1. Notify applicable card associations.

Visa

Provide the compromised Visa accounts to Visa Fraud Control Group within ten (10) business days. For assistance, contact 1-(650)-432-2978. Account numbers must be securely sent to Visa as instructed by the Visa Fraud Control Group. It is critical that all potentially compromised accounts are provided. Visa will distribute the compromised Visa account numbers to issuers and ensure the confidentiality of entity and non-public information.  See Visa’s “What to do if compromised” documentation for additional activities that must be performed.  That documentation can be found at http://usa.visa.com/download/business/accepting_visa/ops_risk_management/cisp_what_to_do_if_compromised.pdf

MasterCard

Contact your merchant bank for specific details on what to do following a compromise.  Details on the merchant bank (aka. the acquirer) can be found in the Merchant Manual at http://www.mastercard.com/us/wce/PDF/12999_MERC-Entire_Manual.pdf.  Your merchant bank will assist when you call MasterCard at 1-(636)-722-4100.

Discover Card

Contact your relationship manager or call the support line at 1-(800)-347-3083 for further guidance.

  1. Alert all necessary parties. Be sure to notify:
  2. Merchant bank
  3. Local FBI Office
  4. S. Secret Service (if Visa payment data is compromised)
  5. Local authorities (if appropriate)
  6. Perform an analysis of legal requirements for reporting compromises in every state where clients were affected. The following source of information must be used: http://www.ncsl.org/programs/lis/cip/priv/breach.htm
  7. Collect and protect information associated with the intrusion. In the event that forensic investigation is required the Financial Services Department will work with legal and management to identify appropriate forensic specialists.
  8. Eliminate the intruder’s means of access and any related vulnerabilities.
  9. Research potential risks related to or damage caused by intrusion method used.

Root Cause Analysis and Lessons Learned

Not more than one week following the incident, members of the Financial Services Department and all affected parties will meet to review the results of any investigation to determine the root cause of the compromise and evaluate the effectiveness of the Incident Response Plan. Review other security controls to determine their appropriateness for the current risks. Any identified areas in which the plan, policy or security control can be made more effective or efficient, must be updated accordingly.

Security Awareness

MCPHERSON COLLEGE shall establish and maintain a formal security awareness program to make all personnel aware of the importance of cardholder data security. (PCI Requirement 12.6)

Service Providers

MCPHERSON COLLEGE shall implement and maintain policies and procedures to manage service providers. (PCI requirement 12.8)

 

This process must include the following:

 

Maintain a list of service providers. (PCI requirement 12.8.1)

Maintain a written agreement that includes an acknowledgement that the service providers are responsible for the security of the cardholder data the service providers possess. (PCI requirement 12.8.2)

Implement a process to perform proper due diligence prior to engaging a service provider. (PCI requirement 12.8.3)

Monitor service providers’ PCI DSS compliance status. (PCI requirement 12.8.4)
MMaintain information about which PCI DSS requirements are managed by each service provider, and which are managed by the entity. (PCI requirement 12.8.5)

 

UPDATED: December 31st, 2008|Administrative Policies|

ADM 340 – Interoffice Relationships Policy

ADM 340 Interoffice Relationships Policy

McPherson College recognizes that consensual relationships may develop between employees from time to time.  Although such consensual relationships are a matter of personal choice and privacy between the employees involved, McPherson College cannot tolerate any adverse effects that such relationships may have in the living/learning/working environment of the College and will impose appropriate disciplinary action if such adverse effects exist.

Anyone who engages in a sexual relationship with a person over whom he or she has any power or authority within the College structure must understand that the validity of the consent may be questioned.  The disparity of power between persons involved in such relationships, whether between a teacher and student, supervisor and subordinate, or senior and junior colleagues in the same department or unit, makes these relationships susceptible to exploitation.  Those who abuse their power in such a context violate their duty to the College community, which could result in disciplinary action, including separation from the College.

Therefore, any such relationship will be considered to have an adverse effect in the living/learning/working environment of the College if any one or more of the following have occurred.

This list is not all inclusive.

  • The employees involved have a direct, indirect, or dotted-line reporting or supervisory relationship;
  • It unreasonably interferes with or materially and/or adversely affects either of the employee’s work performance, objectivity, judgment, professionalism, business reputation, or ability to conduct him/herself in an appropriate manner while at work;
  • It unreasonably interferes with or materially and/or adversely affects the working environment of other employees;
  • It results in sexual harassment or unfair treatment;
  • It involves any student of the College
  • It involves inappropriate use of the College’s computers, electronic devices, mail, or electronic mail systems.

Any exception to this policy must be considered by the cabinet member of requesting staff or faculty.

UPDATED: December 16th, 2018|Administrative Policies|

ADM 350 – Admission or Employment of Sexual Offenders Statement

ADM 350 Admission or Employment of Sexual Offenders Statement

McPherson College reserves the right to deny admission to any student or the employment of any individual, if in its judgment, the presence of that student or individual on campus poses an undue risk to the safety or security of the college or the college community.  That judgment will be based on an individualized determination taking into account any information the college has about a student’s or individual’s criminal record, the individual’s college job, and the particular circumstances of the college, including, for example, the presence of a child care center, a public school or public school students on the campus.

If in the course of employment, an individual, such as a spouse/partner to a resident director, resides on campus, the College reserves the right to discontinue employment, if in its judgment, the presence of that spouse/partner on campus poses an undue risk to the safety or security of the college or the college community. Background checks are run on all college campus residents due to the employment of the spouse/partner or dependent.

Current students, college employees or college residents must notify a college administrator in writing within 3 days of a sexual offense conviction.

UPDATED: December 16th, 2018|Administrative Policies|

ADM 355 – Workplace Breastfeeding Policy

ADM 355 Workplace Breastfeeding Policy

The Patient Protection and Affordable Care Act, enacted March 23, 2010, requires employers subject to the Fair Labor Standards Act to provide reasonable break time for an employee to express breast milk for a year after her child’s birth.

Employers also must provide a private place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express milk.  Examples of such “private spaces” include personal offices, conference rooms, break rooms or other areas with doors that can be locked and windows that can be covered.

How does McPherson College support working, nursing mothers?

Supporting employees who are nursing mothers by providing reasonable time and facilities for expressing milk while at work is good for McPherson College.  It is entirely appropriate within the context of our organizational culture and wellness initiatives.  Managers/supervisors/employees should work together to find the most appropriate and healthy solutions for employees needing time and a private space for expressing milk.

What are the benefits of feeding a baby breast milk?

  • Baby receives the best possible nutrition.
  • Baby forms a bond with mom.
  • Baby is able to fight off illness better.
  • Baby has fewer allergies.
  • Baby is less likely to be overweight or develop diabetes.

What are the benefits for mom?

  • Mom has more “one on one” time with her baby.
  • Mom decreases her risk of developing certain cancers.
  • Mom loses pregnancy weight quicker.
  • Mom saves time since breast milk is always ready at the right temperature.
  • Mom saves money since breast milk is free.
  • Mom helps the environment since breast milk involves no cans, trash or waste.

If you have questions about providing reasonable time and a space for an employee to express milk, contact the Director of Human Resources at 620-242-0454.

If you have a need to alter a space within your existing workplace, such as adding a lock or installing privacy blinds to provide a private place, contact the Director of Facilities at 620-242-0470.

UPDATED: December 16th, 2018|Administrative Policies|

ADM 360 – McPherson College Rental and Space Use Policy

ADM #360 McPherson College Rental and Space Use Policy

Overview:

McPherson College is a vibrant community of persons from diverse faiths and cultural backgrounds committed to its mission: To develop whole persons through scholarship, participation and service. Our campus spaces and facilities contribute to that mission primarily in service to our current students, faculty, and staff. When we are approached by outside groups and constituents about hosting events on campus, we will use the following guidelines to prioritize availability of our campus spaces.

Requests for group rental will be handled on a case-by-case basis through the constituent relations office with input from facilities management and leadership from requested on-campus spaces.

Reservation Guidelines:

  • Current students and college-sponsored activities have priority of use for all campus spaces. The college can restrict or deny use to outside constituencies if that rental could detract from serving our current student population or interfere with the college schedule, calendar, mission, or policy.
  • The campus gives preference to non-profit organizations.
  • All renting parties will complete and sign a standard resource-use contract and fees agreement. The rental is only secured if signed by both the renting party and a representative from the office of constituent relations.
  • All renting parties must follow the policies and guidelines outlined on the resource-use contract and fees agreement. This agreement, among other policies, includes a clear statement that alcohol is strictly prohibited on the McPherson College campus.
  • All renting parties must file proof of liability insurance with the office of constituent relations, which will relay that proof to the business office.
  • Cost of space rentals will follow guidelines found within this policy.
  • All final decisions about spaces use by outside groups will be left to the discretion of campus administration.

Athletics Facilities:

Any request for group rentals that includes athletic facility use in a non-athletic capacity will work through the office of constituent relations for that rental, following the reservation guidelines in this policy. Athletic facility rental for athletic competitions will be coordinated through the athletics office.

 

 

Denial of Facilities:

McPherson College reserves the right to deny use of facilities to any individual or group, dependent upon time and space availability. The campus does not host private weddings, birthdays, funerals, or other social parties.

Faculty/Staff Use:

  • Faculty and staff on-campus space use requests for personal gatherings will be considered, and reservations granted, on a case-by-case basis. They must obtain permission from their supervisor and then from the facilities office before planning their event on campus.
  • All faculty and staff intending to rent campus facilities will complete and sign a standard resource-use contract and fees agreement. The rental is only secured if signed by both the renting party and a representative from the office of constituent relations.
  • All faculty and staff intending to rent campus facilities must file proof of liability insurance with the office of constituent relations, which will relay that proof to the business office.

Cost Guidelines:

Campus Space Length of rental General Cost Cost

after Non-Profit Discount

Cost to Faculty/Staff
Mingenback Theater 4 hours $500.00 $200.00 $100.00
Mingenback Theater Full Day $1,200.00 $500.00 $250.00
Miller Library 4 hours $500.00 $200.00 $100.00
Miller Library Full Day $1,200.00 $500.00 $250.00
Residence Hall Rooms Overnight $50.00

per room / per night

$20.00

per room / per night

N/A
Specific Athletic Facility 1 Hour $250.00 $100.00 $50.00
Specific Athletic Facility Full Day $2,500.00 $1,000.00 $500.00
Multi Space Use Full Day $4,000.00 $1,600.00 $800.00
Other Spaces Negotiable Negotiable Negotiable Negotiable

 

Policy Review:

  • This policy will be reviewed semi-annually by the office of constituent relations in conjunction with the Vice President for Advancement and the facilities department.

 

UPDATED: December 16th, 2018|Administrative Policies|

ADM 365 – McPherson College “Red Flag Rules” /Identity Theft Prevention Policy

Background

McPherson College (the “College”) has established the following policy in compliance with the Red Flag Rules promulgated by the Federal Trade Commission under Section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which require certain financial institutions and creditors to develop and implement written programs designed to detect, prevent and mitigate the risk of identity theft in connection with opening or maintaining certain covered accounts.

Definitions

Identity Theft: A fraud committed or attempted using the identifying information of another person without authority.

Red Flags: Patterns, practices and specific activities that indicate the possible existence of identity theft.

 

Covered Accounts: An account that the College offers or maintains, primarily for personal, family or household purposes, that involves multiple payments or transactions, and any other account that the College offers or maintains for which there is a reasonably foreseeable risk to account holders or to the College’s financial soundness from identity theft. After conducting a risk assessment to determine whether it offers or maintains any covered accounts, the College has determined that the following accounts may constitute covered accounts:

Student tuition accounts with a payment plan

Perkins loans

Student Account Records

  • Admission Records
  • Registration Records
  • Registrar Records
  • Financial Aid Records
  • Health Service Records

Service Provider: A person or entity which provides services directly to the College in connection with one or more covered accounts. Service providers of the College relating to this program include the College’s providers of student and employee health insurance, third-party retirement and other benefits administrators, financial institutions that administer the College’s tuition payment plan programs, governmental and private student loan providers, electronic billing and payment partners, and collections agencies.

 

  • Identifying Red Flags

The College has considered the following factors in identifying Red Flags for covered accounts:

  • The types of covered accounts which the College offers and/or maintains
  • The methods the College uses to open accounts
  • The methods the College allows to access its covered accounts
  • Any previous problems with identity theft involving covered accounts opened or maintained by the College

The following should be considered relevant Red Flags:

  • Alerts, notifications, or other warnings received from consumer reporting agencies, service providers, and fraud detection services.
  • The presentation of suspicious documents, such as a photo ID not appearing to be authentic or not matching the appearance of the person presenting it.
  • The presentation of suspicious personal identifying information, including address discrepancies.
  • The unusual use of, or other suspicious activity related to a covered account.
  • Notice from customers, students, victims of identity theft, law enforcement, or other persons regarding possible identity theft in connection with covered accounts.

 

Detection of Relevant Red Flags

College employees with access to one or more covered accounts shall be aware of the Red Flags set forth in Section III and shall take precautions as circumstances warrant to detect Red Flags, such as verifying the identity of customers/students opening a covered account; and authenticating customers/students, monitoring transactions, and verifying related data in the case of existing covered accounts. Information Services employs additional hardware/software to detect suspicious or unusual network activity.

 

Response

 Procedures for responding to Red Flags:

  1. Any staff member of the College who detects a Red Flag shall report the detection of the Red Flag to his/her department head.
  2. The department head will investigate the detection of a Red Flag and will perform an initial risk assessment of the particular Red Flag.
  3. Upon completion of a risk assessment, the department head will respond to the detection of the Red Flag as he/she deems appropriate. Suitable responses include but are not limited to: notifying the covered account holder, requiring additional information about the covered account or covered account holder, changing passwords or other security codes, denying access to or closing the covered account, contacting the College’s Vice President/CFO and notifying law enforcement and/or other state agencies. The department head may also determine that no response is warranted under the particular circumstances.
  4. Additionally, the department head shall report any Red Flags and the response taken to the Vice President /CFO.

 

Oversight

The Vice President/CFO has been designated as the appropriate person to oversee this policy on an ongoing basis. He may designate an appropriate person to develop, implement and administer this policy. Any questions regarding this policy should be directed to the Vice President/CFO.

Outside Service Providers: The College will require all of its service providers that provide services directly to the College in connection with covered accounts to comply with the College’s Red Flags policy or to adopt reasonable written policies and procedures designed to detect, prevent, and mitigate the risk of identity theft in accordance with the Red Flag Rules, and to provide the College with timely written notice of Red Flags relating to such covered accounts. The College will inform service providers of this policy.

Each department will assure that third party service providers are required to maintain appropriate safeguards for nonpublic information to which they have access. Contracts with service providers, who within their contracts have access to McPherson College non-public customer information, shall include the following provisions as appropriate:

 

  • Explicit acknowledgment that the contract allows the contract partner access to confidential information;
  • Specific definition of the confidential information being provided;
  • Stipulation that the confidential information will be held in strict confidence and accessed only for the explicit business purpose of the contract;
  • Guarantee from the contract partner that it will ensure compliance with the protective conditions outlined in the contract;
  • Guarantee from the contract partner that it will ensure compliance with the protective conditions outlined in the contract;
  • Guarantee from the contract partner that it will protect the confidential information it accesses according to commercially acceptable standards and no less rigorously than it protects its own customers’ confidential information;
  • Provision allowing for the return or destruction of all confidential information received by the contract partner upon completion of the contract;
  • Stipulation allowing the entry of injunctive relief without posting bond in order to prevent or remedy breach of the confidentiality obligations of the contract;
  • Stipulation that any violation of the contract’s protective conditions amounts to a material breach of contract and entitles McPherson College to immediately terminate the contract without penalty;
  • Provision allowing auditing of the contract partners’ compliance with the contract safeguard requirements;
  • Provision ensuring that the contract’s protective requirements shall survive any termination agreement.

 

Training

The Vice President/CFO shall designate an appropriate person to coordinate the training of staff, as necessary, to effectively implement this policy. College employees with access to one or more covered accounts shall be made aware of this policy and any material amendments to this policy.

 

Reassessment of Plan

This policy will be reviewed periodically and adjusted as needed to reflect changes in risks to customers based on factors such as:

  • The experiences of the College with identify theft;
  • Changes in methods of identity theft;
  • Changes in methods to detect, prevent, and mitigate identity theft;
  • Changes in the types of accounts that the College offers or maintains; and
  • Changes in the business arrangements of the College, including mergers, acquisitions, alliances, joint ventures, and service provider arrangements.

 

Annual Report

On an annual basis, each department head shall prepare a report regarding compliance with this policy to be reviewed by the Vice President/CFO. The report shall address and evaluate issues such as:

  • The effectiveness of this policy in addressing the risks of identity theft in connection with covered accounts;
  • Service provider arrangements, as applicable;
  • Significant incidents involving identity theft and the department’s response; and
  • Recommendations for material changes to this policy.

 

UPDATED: December 16th, 2018|Administrative Policies|

ADM 370 – Records Retention and Destruction Policy at McPherson College

Overview

This policy and procedure provides for the systematic review, retention and destruction of documents received or created in the transaction of McPherson College (“College”) business. The policy is designed to ensure compliance with federal and state laws and regulations.

It is the policy of the College to ensure that its records are preserved to provide documentation of the College’s history and to be retained for the periods of time necessary to satisfy the College’s business and legal obligations. The records will be disposed in accordance with an established records  retention and disposition schedule. Certain records are permanent records and may never be destroyed

Each department or office on campus will be responsible for creating and maintaining a record retention and destruction policy. All departments will appoint a Records Custodian who will be responsible for implementing the policy.

 

Definitions

Record
A record is anything containing information reflecting College educational and business transactions regardless of format (paper, digital, photographic, recordings, etc.). Typical records include official publications, fiscal data, incoming/outgoing correspondence including email, meeting minutes, reports, student files, and employee files.

Active Records
Records that are generally referred to once a month or that are needed to support the current business activity of an office or division.

Inactive Records
Records that have not been needed for at least one year or for which the active period has passed.

Permanent Records
Also known as archival records, permanent records have historical, administrative, or research value to the College and the College will keep these records indefinitely.

Retention Schedules
An internal document describing categories of records, providing a length of time they should be kept and includes instructions. The retention schedule for McPherson College is included in this document.

Retention Period
Minimum required length of time for which a College office or department is responsible for maintaining records.

Records Destruction
The physical or electronic destruction of a record after it has become obsolete or otherwise in accordance with this policy.

Disposition of Records
The terminal treatment of records, either through destruction or permanent storage.

Records Custodian
Each college department or office will assign a records custodian who will have the responsibility for ensuring effective implementation of the policy in his or her area.

Litigation Hold
A communication issued as the result of current or anticipated litigation, audit, and government investigation or other similar matter that suspends the normal process regarding the retention and disposition of College records.

 

Policy Details

Paper Files
Many of the records kept by McPherson College are in hard copy form, kept in paper files. These files may include student, parent, or employee information. It is up to each department to determine what action is necessary to secure the files. This may include locked filing cabinets, fire proof filing cabinets, securing behind locked doors, or in one of the college’s vaults.

Employees are expected to exercise judgment regarding the content and purpose of a paper file in determining whether it needs to be retained as a College record, and, if so, the length of the retention period. Any questions about retention of paper files should be directed to the Records Custodian in each department or office.

Email
Email sent or received over the College’s computer system may constitute a form of College record. While not all emails are business records, all College emails are property of the College and are subject to discovery in the event of litigation against the College or any of its employees or students. Consequently, the administration has the ability and the right to view the email of all  members of the College community.

Faculty and employees of the College are not obligated to retain all emails indefinitely; such a policy would clearly impose an impossible burden both on the College community and on the College’s computer network. Rather, individual employees and faculty members are expected to exercise judgment regarding the content and purpose of the email in determining whether it needs to be retained as a College record, and, if so, the length of the retention period. Any questions about retention of email should be directed to the Records Custodian in each department or office.

Electronic Documents
Information saved electronically on a college computer or network may be considered a College record. While not all electronic documents are College records, all documents stored on College computers or networks are considered College property and are subject to discovery in the event of litigation against the College or any of it’s employees or students. Consequently, the administration has the ability and the right to view the electronic files of all members of the College community.

Faculty and employees of the College are not obligated to retain all electronic documents indefinitely; such a policy would clearly impose an impossible burden both on the College community and on the College’s computer network. Rather, individual employees and faculty members are expected to exercise judgment regarding the content and purpose of the document in determining whether it needs to be retained as a College record, and, if so, the length of the retention period. Any questions about retention of electronic documents should be directed to the Records Custodian in each department or office.

Litigation Holds
Where the College has actual notice of litigation or of a government investigation or audit, or has reason to believe that such events are likely to occur, it has the obligation to take steps to preserve documents that might be implicated in such litigation or investigation. In such event, the College will take steps to identify all paper and digitally maintained files that may contain documents relevant to the case, including emails. The department head of an affected department or office will be notified and will notify members of their office to preserve such documents indefinitely. If an employee or faculty member receives such a preservation notice, it does not necessarily mean that they are  involved in the litigation or investigation. Rather, it means that the evidence that the College is required to preserve may be in the employee or faculty member’s possession or control, and that the employee or faculty member has an obligation to preserve such information effective immediately. In the event of a litigation hold, all policies for the disposition of documents must be suspended with respect to those matters that are the subject of the hold. Electronic information should be preserved in its original electronic form on the media on which it is stored. Electronic information should not be transferred from the media on which it is stored to a different media for the duration of the litigation hold unless such transfer is necessary to preserve the integrity of the information for the duration of the hold, and such transfers should be made only after consultation with the IT department to preserve the integrity of the electronic data. In addition, the employee and/or faculty member that receives the notice should similarly preserve any new information that is generated that may be relevant to the litigation or investigation by saving it in a segregated file. A staff or faculty member’s failure to preserve documents after having received a preservation notice can have extremely serious consequences for the College. Accordingly, a failure to comply with a litigation hold will subject employees to discipline, up to and including termination, and will be deemed misconduct that will subject faculty members to discipline in accordance with the appropriate Handbook.

 

Procedures

Essential Functions of Records Custodians
Each department has the responsibility for designating a Records Custodian and ensuring that the Custodian understands and is following with the records retention requirements applicable to that particular unit. The supervisor is also required to sign off on either destruction of documents at the conclusion of their retention period.

The Records Custodian is expected to: understand the records created within the department or office; follow this policy to make decisions on retention and disposition of records and provide guidance to others who are involved in preparing records for storage; be responsible for ensuring that everyone in the office is aware of this policy; establish the level of confidentiality and security appropriate to  specific types of records and help the department or office maintain and monitor confidentiality and security.

Accessibility and Safekeeping of Records
Records, especially financial records, must be easily retrievable for examination by authorized  individuals, including auditors. Access to electronic records is subject to College rules regarding information security. Records Custodians should work with the IT department to ensure that electronic documents are maintained in a format that preserves accessibility.

Disposition of Records

  1. The Records Custodian is responsible for periodically determining which College records in their particular office or department have reached the end of their retention period and should therefore be destroyed.
  2. The Records Custodian is required to sign off on the destruction of documents.
  3. Paper records must be shredded or other arrangements must be made for the documents to be destroyed.
  4. The Records Custodian should consult with the IT department regarding the destruction of electronic documents.

Records Destruction
Records should be securely maintained for the period of retention either in the office or department where they were created or used. Records that may be destroyed at any time include:

  • material that is not considered a “record” (see definition of record);
  • duplicates of an official copy which is stored and retained by another office such as
  • personnel records, financial and budget information, copies of information used in an
  • employee search;
  • records that have served their purpose and are no longer needed such as drafts of reports
  • and notes that have been turned into meeting minutes.

When there is doubt about whether or not a record may be destroyed, the Records Custodian should review the retention schedule and/or their supervisor.

Destruction includes:

Recycling – generally appropriate for public documents of other organizations, magazines, annual reports, newsletters, announcements, and drafts of policies or other memoranda which are not confidential.

Shredding – using a cross-cut shredder for all documents that should not be read by other after they are no longer needed. This is essential for any document containing personal information, information that is student protected information under FERPA, health related information, or  financial information.

Discipline:
Failure to follow this policy will subject employees to discipline up to and including termination

of employment, and will subject faculty to discipline in accordance with the Employee Handbook, except in the case of guest faculty, who are subject to discipline in accordance with the guest faculty member’s contract.

 

General Retention and Destruction Schedule Statement

This schedule applies to all types of records, regardless of media or format, including documents, email, photographs, audiotapes, videotapes, CDs, and DVDs. Retention periods reflect minimum time periods. Records may be retained for longer periods of time at the discretion of the custodian or as required by legal counsel. Do not destroy any records while they are subject to audit or investigation.

Records that are in storage areas such as basements or attics are often at risk of water damage or destruction and should be evaluated in light of this schedule.

McPherson College is committed to providing researchers with the material they need. However, due to the confidential nature of certain records, access to some materials may be limited. Restrictions are placed on the use of records in order to protect the rights to privacy of individuals and the institution.

Access restrictions to records are divided into three categories:

 

General Distribution
Records in this category are open without restriction. Records in general distribution are the publications issued to the general public at the time of their creation, such as announcements, official college publications, calendars, brochures, and committee reports. This also includes the College charter, history and description of the College, building and grounds, visiting speakers, endowed chairs and professorships, College events and commencements, degrees, honors, awards and prizes, public relations, conferences, academic programs, and graduate programs. After processing, records of this type are open immediately without restriction. Examples: Annual Report of the President, General Committee meeting minutes, photographs.

Restricted Distribution

Records in this category are restricted, but access may be granted depending on the request. Records in this category may contain personal information regarding students, parents, present or past employees. These records are stored in locked cabinets, offices or rooms, or may be stored in a database that requires a password to access. In order to access these records the requestor will need to show a legitimate need to view the information. Examples: Student Financial Aid information or Employee Compensation data.

Permission to examine does not imply the right to publish any part of a document.

General Retention and Destruction Schedule

 

General Type Description Retention Period Location
Board of Trustees Records Meeting minutes, agenda, reports, proposals, and supporting documentation Permanent President’s Office
Articles of Incorporation Includes the documents the College is chartered under and the by-laws Permanent   Business Office
IRS Determination Letter IRS Determination Letter Permanent   Business Office
Legal Records Documentation of legal cases involving the College Permanent Department Records Custodians and/or HR
Grievance Files Documentation of grievances initiated by faculty and staff Retained as long as personnel file is retained. HR and/or Academic Affairs
Environmental Reports/OSHA Investigations Investigation documentation or reports Permanent   Facilities
Insurance Policies All policies in effect on behalf of the College, students, faculty and staff Maintain as long as active   Business Office
College Tax Records Documentation of the College’s compliance with tax filing requirements Permanent   Business Office
External and Internal Audit Records Created by internal or external auditors to document their reviews, findings and recommendations Permanent Business Office
Real Property Leasing/Rental Records Documentation of the lease and rental of property Retain 7 years after expiration of the lease. Department Records Custodian and/or Business Office
Social Security Reports and Deposits Periodic reports of wages and social security contributions paid by the College to each employee Retain for 7 years Business Office
Unemployment Compensation Benefit Files and Reports Documentation on eligibility of former employees for unemployment benefits and when these employees receive compensation charged against the College’s account Retain for 5 years HR and/or Academic Affairs
W-2 Listings Documentation of salaries paid and taxes withheld for employees Retain for 7 years Business Office
Authorization/Allocation Letters Awards of federal financial aid to the College Permanent Financial Aid
Payroll Records Documentation of payroll, payroll deduction authorizations, garnishment records, pre-payroll reports and payroll check registers Retain 7 years after termination Business Office and/or HR
Time Sheets Documentation of hours worked by employees Retain for 7 years Business Office
Bank Records Transactions recorded in the College bank accounts and their reconciliation to the general ledger. Retain 7 years after end of fiscal year Business Office
Employee Benefit Plan Files Documentation on employee enrollment in benefit plans Retain 7 years after termination of employment. HR
Staff Appraisals, Promotion, Demotion and Discharge Documentation Records documenting periodic evaluation, work performance and employment record of College staff Retain 7 years after employee separation from College HR
Enforcement – Campus Incident Reports Documentation of incidents that occur on campus that violate College and/or local laws and regulations. They contain case number, arrest report, incident report, date, time, complainant, address and details of the report (IAW Cleary Act) 5 years after graduation or separation Student Life Office

 

Financial Records

 

General Type Description Retention Period Location
Financial Records – General Budget worksheets, printouts, account books, ledger, purchase records, purchase orders, travel expense reports 7 years following the activity. Business Office
Financial Records- Debt Financing All documents related to debt financing Permeant Business Office
Financial Documentation Tuition and fee info, annual endowment fund reports, annual financial statements Permeant Business Office and/or President’s Office
Annuity Records Records pertaining to the management of annuities Permeant Business Office

 

 

 

General College Records

 

General Type Description Retention Period Comments
Academic Committee Records Minutes, reports and other materials generated by College- wide committees including charges, substantive correspondence and work product, and reports and documents about or related to the operation of college- wide committees or other offices around the College. 

 

Permanent Academic Affairs and/or President’s Office
President’s Records Records related to proposals, historical reports and notes from meetings Permanent President’s Office

 

Student Records

 

General Type Description Retention Period Location
Student Records – Admission Files Application records for admission to the College created for undergraduate, graduate and transfer student applicants.The files may include Permanent Registered students. Retain 2 years: Unregistered applicants. Admissions Office and/or Academic Records Office
Student Records – Registrar Student grades, transcripts, evaluations Permanent Academic Records Office
Student Records – Graduation Lists Lists of individuals who have successfully completed the degree requirements and have been graduated from the College Permanent   Academic RecordsOffice
Student Records – Registration Documentation of a student’s course registration and changes to registration Retain 6 months after the transaction is completed   Academic RecordsOffice
Student Records – Financial Aid Records showing evidence of providing financial aid including financial aid applications, federal student aid forms, federal tax forms, award letters and confirmations, verification records, interview records, students scholarships, fellowships and awards 5 years after graduation or separation. Financial Aid Office
Student Records – Health Services Records include medical as well as mental health histories, clinical notes, immunization records, and related correspondence. 5 years after graduation or separation. Student Life Office
Student Records – Student Discipline Records relating to proceedings and decisions resulting from violations of the student conduct code, honor code, or other College policies Suspensions and expulsions retained with the student’s permanent record. All other, retained 5 years. Student Life Office
Student Records – Athletic Participation Records, including photographs, awards, etc. related to student participation in athletics Undefined period  Database
Student Records – Activities and Government Records related to student participation in special activities, student clubs, associations, and the Student Senate. 

Records related to any student organization or club.

Undefined period Database
Student Records – Career Counseling Office Records related to an individual student such as counseling notes and letters of recommendation. 5 years after graduation or separation.  Student Life Office

 

Personnel Records

 

General Type Description Retention Period Comments
Employee Recruitment Applications, Resumes, Position Announcements, Advertisements, Promotions, Opportunities to work overtime 1 year from date of personnel action to which any record relates HR and/or Business Office
Employee Selection Employment Tests, Physical Exams, Training Agreements, Hiring Documents, Records regarding Promotion, Demotion, Transfer, etc  1 year from date of action to which the record relates. 

Training Docs- 3 years from the training program completion

HR and/or Business Office
Employee Compensation Payroll records, Individual Contracts, Wage and Rate Tables, Work-Time Schedules, Child Labor Law Info, 3 years from date of termination  HR and/or Business Office
Employee Compensation Tax Withholdings 4 years from date of filing tax return/report  HR and/or Business Office
Employee Benefit Plans Plan information Duration of plan and for at least 1 year after plans’ termination  HR and/or Business Office
Discrimination Charge Investigations Internal Complaints and terminations 1 year from termination  HR and/or Dean of Students
Discrimination Charge Investigations Personnel Records concerning charges Until final disposition of the charges  HR and/or Dean of Students
Discrimination Charge Investigations Employment Records related to individual with disability 1 year from the date the record is made or the personnel action involved is taken, whichever occurs later  HR and/or Dean of Students
Discrimination Charge Investigations Personnel Record for anyone who’s employment  was involuntarily terminated 1 year from the date of the termination  HR and/or Business Office
Employee Leave of Absence Payroll information, FMLA records, FMLA policies 3 years from date the leave ended  HR and/or Business Office
Faculty Professional Papers Records related to faculty teaching, curriculum, committee work, or biographical materials Permanent Faculty members are encouraged to contact the College Archives upon retirement because these records often have permanent value to the College.
Faculty Tenure and Promotion All records related to appointment and subsequent history of individuals to join the faculty, including correspondence Permanent Academic Affairs Office

 

Advancement Records

 

General Type Description Retention Period Location
Constituent Records Includes personal information about alumni, donors and friends of the college. Giving history, newspaper clippings, correspondence. Permanent Advancement/Alumni Office

 

Faculty Group Records

 

General Type Description Retention Period Comments
Faculty GroupRecords – General Office Records Records related to theroutine daily administration of the department including memoranda, meeting minutes, correspondence, and administration of programs Until no longer administrativelyuseful. Stored by each faculty group
Course and Curriculum Records Includes college catalogs/bulletins, course schedules, syllabi and course outlines Permanent  Academic Affairs

 

Contract Records

 

General Type Description Retention Period Comments
Grant Administration Records related to the administration offederal and other grants, contracts, sponsored research projects, and agreements from negotiation to final performance such as grants-in-aid, state contracted services, and vendor contracts. 7 years after final payment orcompletion of all obligations under the grant or contract and all subsequent renewals, whichever is later.

 

Business Office

 

Computer Services

General Type Description Retention Period Comments
Technology Inventory This record may be used to inventory equipment, software, telephones, etc. It may contain the tag number, location, serial number, price, account source, etc. ACT = until the annual report for the fiscal year in which the item was disposed is audited.
Software License Agreements These agreements define how many users are licensed to access each software application. Expiration
Internet Access Policies/Agreement These documents define the terms of use and access of the Internet, information technology resources, vpn access, etc. The documents are used to generate user accounts for staff, teachers and students. ACT = retain current documents for current users.
Technology Service Requests This record is used to document problems with equipment and to generate repair tickets. It may contain the user name, a description of the problem, the location of the equipment, the date/time the request was received and resolved, etc. FY+3
Technology Network Maps/Documents These records are used to map and define the technology infrastructure and the wiring of phone lines. They may include security information, identification numbers, passwords, etc. Until they are superseded.
Communications Some staff are issued 2-way radios, cell phones, pagers, etc. to facilitate communication. These files contain service contracts, employee contracts, FCC licenses, distribution lists, etc. ACT = until the equipment is returned by the staff or disposed of.
Technology Training The information technology staff may conduct training about the use of computer software or equipment for school district employees. These files contain the curricula materials. ACT = until course materials are superseded by a new version, or until the course is dropped entirely from the training curriculum.
Security Videos Security systems record activity that takes place in select locations. The systems may be motion activated. Videotapes are often re-used in accordance with a regular rotation cycle, unless they are needed as evidence for an incident. This series applies to both analog and digital video recordings. Creation + 14 days
Student Directories  These directories list all students attending the school. They may contain grade, classroom, student name, address, phone number, etc. ACT = while of reference value to MC
Faculty and Staff Directories These district-wide guides are published annually, and identify the teacher’s name, school, grade, phone number, and address. ACT = while of reference value to MC

 

 

Facility Management Records

 

General Type Description Retention Period Comments
  BlueprintsManuals

Warranties

As-Built Construction Plans   Life of building then5yrs after final

disposition of building

 

Facilities
  BlueprintsManuals

Warranties

  Building Plans andSpecifications

 

  Life of building then5yrs after final

disposition of building

 

 

 Facilities
  BlueprintsManuals

Warranties

  Equipment andOperating Manuals

 

  Until no longer useful   Facilities
  BlueprintsManuals

Warranties

Warranties Life of the Warranty Facilities
  Compliance EPA Audit and Compliance Records Permanent Facilities
  InspectionTest Annual Property Insurance Inspection 10 Years Facilities
  InspectionTest Boiler Certificates 1 Year (shred when new cert is issued) Facilities
  InspectionTest Elevator Inspection 1 Year (shred when new cert is issued) Facilities
  InspectionTest Fire Alarm and Drill Records 3 Years Facilities
  InspectionTest Fire Alarm Annual Inspection Report Permanent Facilities
  InspectionTest Fire Sprinkler System Annual Test Report Permanent Facilities
  Plans andProcedures Emergency Response Plans and Procedures Until Superseded Facilities
  ReportsRecords

Files

  Asbestos RemovalRecords   Permanent Facilities
  ReportsRecords

Files

Backflow PreventionReport 10 Years Facilities
  ReportsRecords

Files

Bid and CompetitiveSelection Records Until Completion of Project Facilities
  ReportsRecords

Files

Estimates and Quotes 1 Year Facilities
  ReportsRecords

Files

Capital Projects ConstructionRecords Permanent Facilities
  ReportsRecords

Files

Contracts andAgreements 10 Years Facilities
  ReportsRecords

Files

Equipment Maintenance Records Life of the Equipment Facilities
  ReportsRecords

Files

Hazardous Chemical Waste Records Permanent Facilities
  ReportsRecords

Files

Incident Report(Security) Permanent Facilities
  ReportsRecords

Files

Safety Data Sheets(SDS) Permanent Facilities
  ReportsRecords

Files

Motor Vehicle Certificate of Title Until Vehicle is Sold Facilities
  ReportsRecords

Files

Motor Vehicle Maintenance Records Until Vehicle is Sold Facilities
  ReportsRecords

Files

Packing Slips 1 Month Facilities
  ReportsRecords

Files

Project Files(General Construction) 5 Years Facilities
  ReportsRecords

Files

Property Damage Reports Permanent Facilities
  ReportsRecords

Files

Purchase Orders 1 Year Facilities
  ReportsRecords

Files

Space Utilization Report Until Superseded Facilities
  ReportsRecords

Files

Vehicle Accident Report 3 Years After Final Disposition of Vehicle Facilities
  ReportsRecords

Files

Work Orders (completed) 3 Years Facilities

 

UPDATED: December 19th, 2018|Administrative Policies|