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Human Resources Policies

Rights and Responsibilities to Preserve Citizenship

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
Each member of the College community enjoys all rights of citizenship and has a responsibility to fulfill the obligations incumbent on all citizens. Additionally, there are special rights and responsibilities inherent in membership in an academic society. Each member of the College community has a responsibility, based upon the special mission of an institution of higher education, to respect the rights of others with a community focus on establishing and preserving an optimal environment for educating students and supporting their success.  Members of the College community also have a responsibility to maintain the highest standards in the performance of their duties and to respect the rights of their associates.

The responsibility to respect rights includes, but is not limited to:

  1. The right of the student to be evaluated entirely on the basis of academic performance and to discuss freely, inquire, and express opinions inside the classroom. The student has a responsibility to maintain standards of academic performance as set by the College and his/her professors, provided, however, that the student shall have means for redress against arbitrary, unreasonable, or prejudicial standards of evaluation.
  2. The right to pursue normal academic and administrative activities, including the freedom of movement in the performance of such activities, as long as such activities do not violate any laws, regulations, or state or RBC policies.
  3. The right to hear and study unpopular and controversial views on intellectual and public issues.
  4. The right of the student to expect that information about his/her views, beliefs, and political associations regarding which an instructor or other RBC employee obtains in the course of his/her work as a teacher, advisor, or counselor of the student be held in confidence to the extent permitted by law.

II. Reason for Policy
The full enjoyment of rights guaranteed to every citizen cannot be achieved unless certain concurrent responsibilities are accepted.  Members of the college community (students, faculty, and administrators) have an obligation, therefore, to fulfill the responsibilities incumbent on all citizens as well as the responsibilities inherent in their particular roles within the academic community.

III. Applicability of the Policy
All RBC employees and students shall abide by this policy.

IV. Related Documents
Richard Bland College Student Handbook

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu


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General Personnel Information

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
A.  Pay Dates
By law, no RBC employee, whether faculty or staff, shall receive payment for work not performed unless authorized by law, such as paid holidays, vacation days, sick days, etc.

  1. Pay Dates – All full-time employees are paid twice a month. Payday is usually the first and sixteenth of each month. When the first or sixteenth is a Saturday or Sunday, payday is normally the previous Friday. Payday at the end of September, December, and March is the last working day of the month.
  2. Direct Deposit – Pay will be deposited into an account at the financial institution (bank, credit union, savings and loan association, etc.) of your choice.  Information and applications are available from the Office of Human Resources. All new employees are required to use direct deposit.
  3. Holidays – Twelve paid holidays are authorized by the Commonwealth. The College observes the following:  Independence Day, Labor Day, Martin Luther King Day, Memorial Day, Thanksgiving Day and the Friday following, and six days during Christmas, including New Year’s Day.

B. Mandatory Payroll Deductions

  1. Federal and State Income Taxes are withheld in accordance with a set formula based on the number of exemptions claimed. For Federal and State, employees may request additional withholding or claim fewer exemptions on forms available from the Office of Human Resources.
  2. Social Security is withheld in accordance with Social Security Administration requirements.

C. Benefits Provided By The Commonwealth Of Virginia/RBC (please contact the Office of Human Resources for additional information):

  1. The Virginia Retirement System (VRS) is a State-funded retirement plan for all full-time personnel designed to supplement the retirement, disability, health, and survivor benefits provided by Social Security.   To learn more about the VRS retirement plans, review the following website: http://www.varetire.org/members/index.asp.
  2. In lieu of VRS, full-time faculty and administrators may choose instead to enroll in one of the following optional retirement plans: TIAA, DCP, or Fidelity Investments.  To learn more, review the following website: http://orphe.varetire.org/.
  3. Group life insurance is a mandatory state-funded plan for all full-time personnel at no cost to the employee. The face value (death benefit) is equal to the annual gross salary rounded to the next highest thousand dollars, then doubled. For accidental death, the basic death benefit is doubled again. Loss of one or more limbs or eyesight is covered. No medical examination is required.
  4. For those who opt out of the Virginia Sickness and Disability Program (VSDP), full-time faculty and administrators at Richard Bland College who have been employed by the College for at least one year are eligible to enroll in William and Mary’s Long-Term Disability Insurance.  If elected, the College pays 60% of the premium and the employee pays 40%.  No medical examination is required.

D. Optional Payroll Deductions

  1. Medical Insurance – All full-time personnel may enroll a spouse and dependents under age twenty-six or apply for employee-only coverage.
  2. Flexible Benefits Program – Premium Conversion allows the pre-tax deduction of the health insurance premium; and Reimbursement Accounts allow the pre-tax deduction of amounts towards predictable medical, dental, and vision care expenses not covered by the health benefits plan and day care expenses for dependents.
  3. Supplemental insurance plans, such as Cancer, Accident, Hospitalization, Short-Term Disability, and Term Life Insurance are available through AFLAC.  The rates vary according to the plan selected, and deductions are made through payroll deduction.
  4. Optional Life Insurance – In addition to the state-funded life insurance detailed in subsection C(2) above, an active, insured employee is eligible for optional life insurance for natural and accidental death and for dismemberment up to four times his/her salary, not to exceed $375,000.  Term insurance can also be elected for spouse and dependent children.
  5. Credit Union Deductions – Employees are eligible to participate in the Virginia Credit Union. Deposits or loan payments may be made through payroll deduction.
  6. United States Saving Bonds may be purchased by payroll deduction through the Office of Human Resources.
  7. Supplemental Retirement Annuities (SRA’s/403(b)’s) and Tax-Sheltered Annuities through payroll deduction are funded with pre-tax dollars.  Contracts are available with TIAA-CREF.
  8. The 457(b) Deferred Compensation Plan is a voluntary contributory Retirement plan.  Employees participate in the plan through payroll deduction.  Contributions and earnings, if any, are tax-deferred until withdrawn, usually at retirement. The plan is administered by the Commonwealth.
  9. The Group Legal Care Plan, administered by Legal Resources, provides comprehensive legal coverage on a broad range of services for an affordable low monthly rate, through payroll deduction.
  10. The Commonwealth of Virginia Campaign is the only solicitation approved for all employees. The campaign is scheduled each October, and payroll deduction is provided.
  11. The Richard Bland College Foundation supports a number of student scholarships. Employees may elect to contribute to the Foundation through payroll deduction.

II. Reason for Policy
This policy provides information regarding employee benefits.

III. Applicability of the Policy
This policy describes benefits available to employees. Whether some or all of these benefits are available to a particular employee will depend upon his/her employment classification. See the Office of Human Resources for specific information.

IV. Related Website

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Procedures
Information, choices, and application forms are available from the Office of Human Resources.


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Administrative & Professional Leave Policy

 Responsibility for Maintenance: Director of Human Resources

(Approved by President Sydow, February 26, 2018)

I. Reason for Policy

The purpose of this policy is to describe leave benefits for Administrative & Professional (AP) employees (“Administrators”).

II. Applicability of the Policy

This policy applies to full-time Administrative & Professional (AP) employees. Administrators are covered either by the Virginia Sickness and Disability Plan (VSDP) or the Colleges’ Sick Leave Plan. The choice of leave plans is directly linked to the retirement plan chosen upon hire. If an AP employee chooses the Optional Retirement Plan (ORP), he or she will automatically be enrolled in the College plan. However, if the Virginia Retirement System Hybrid Plan is chosen, the AP employee will have the choice between the College Plan and VSDP.

III. Definitions

  1. Family Member: Child under 18 (biological, step, or adopted), spouse, or parent.
  2. Leave Year: Period of January 10 – January 9
  3. Maximum Carry-over: The unused accrued annual leave balance an employee may carry from one leave year into the next.
  4. Maximum Payment: The unused accrued annual leave for which the employee may receive payment upon separation.
  5. College Sick Leave Plan: Administrators who (i) elect VRS, but do not elect to be covered by VSDP, or who elect ORP and (ii) who hold regular, unrestricted appointments are eligible for paid sick/short-term disability leave and family care leave.
  6. Virginia Sickness & Disability Program (VSDP): Provides participating employees with supplemental replacement income during periods of partial or total disability for both non-occupational and occupational disabilities. It also provides employees with sick and family and personal leave.
  7. Workers Compensation Leave: Leave granted to an employee for a certified job-related illness or injury.

IV. Leave Programs

A. College Sick Leave Plan

AP employees who opt out of the Virginia Sickness and Disability Program or who elect the Optional Retirement Plan (ORP) will be enrolled in the College’s Sick Leave Plan. This plan provides coverage for personal illness, illness of a family member, short-term disability, long-term disability, and bereavement.

Personal Short-Term Illness: Participants may use sick leave to cover absences related to their own illnesses, injuries, or medical appointments. Each leave year (January 10 – January 9), participants in the College Sick Leave Plan will have access to 80 hours (10 days) of sick leave for this purpose.

Illness of Family Member: Participants in the College Sick Leave Plan may use the balance of their 120 calendar days of disability and sick leave for qualifying family and dependent care leave. After five (5) consecutive absences related to illness of a family member, use of this leave must run concurrently with FMLA. This means the employee must be approved for FMLA in order to continue use of sick leave to cover the absence related to the illness of a family member. Otherwise, annual leave must be used or the employee can be placed on unpaid leave if annual leave is not available. Up to five (5) non-consecutive workdays of sick leave can be used each leave year for absences related to illness of a family member.

Short-Term Disability: Participants in the College Sick Leave Plan have up to 120 calendar days of short‐term disability in the event that they have a qualifying illness or injury and cannot work. This leave is paid at 100% of the pre‐disability salary and runs concurrently with the Family and Medical Leave Act (FMLA). This means the employee must be approved for FMLA in order to qualify for short-term disability. There is no waiting period before an employee may begin using this leave. If the illness or injury is such that return to work is impossible beyond the 120 days of short‐term disability, the employee may apply for long‐term disability. An employee in the College plan is eligible for long‐term disability following one year of continuous employment.

Long-Term Disability: Under the College Sick Leave Plan, you must complete a long‐term disability application following an 180‐day elimination period during which you have not worked due to illness or injury. The application is then reviewed by The Standard Insurance Company. The long‐term disability application is available at http://www.wm.edu/offices/hr/documents/forms/LTD%20Claim%20Pack et.pdf and, once completed, must be returned to the Office of Human Resources for certification and submission to The Standard. If the application is approved, you receive 60% of your pre‐disability salary up to a maximum of $6,000 per month.

Bereavement: AP employees enrolled in the College Sick Leave Plan may use up to six (6) workdays of sick leave for use in the event of the death of a family member. After six days of sick leave have been used in single leave year for this purpose, College Sick Leave Plan participants must use annual leave to cover the absence.

B. Virginia Sickness & Disability Program

AP employees who have opted to participate in the VSDP are provided sick leave and family/personal leave each calendar year. This leave cannot be carried over from year to year. In the event of an extended illness or serious injury, VSDP also provides for short-term and long-term disability benefits at 100%, 80%, or 60% of the employee’s salary, depending on the length of service. The following chart reflects the rates for sick leave and family/personal leave according to months of state service:

Current Employees

Sick Leave

Months of Service Hours/Days
Less than 60 64 (8 work days)
60 to 119 72 (9 work days)
120 or more 80 (10 workdays)

Family Personal

Months of Service Hours/Days
Less than 60 32 (4 work days)
60 to 119 32 (4 work days)
120 or more 40 (5 workdays)

New Employees

Sick Leave

Employment Begin Date Hours/Days
January 10 – July 9 64 (8 work days)
July 10 – January 9 40 (5 work days)

Family Personal

Employment Begin Date Hours/Days
January 10 – July 9 32 (4 work days)
July 10 – January 9 16 (2 work days)

Sick Leave:  Under VSDP, participants may use sick leave for only their own illnesses or medical appointments. Each leave year, participants will be credited on January 10th with sick leave based on the chart above. Previous unused sick leave does not roll over to the next year.

 

Family Personal Leave: Under VSDP, family personal leave is used if a family member is ill, injured or has a doctor’s appointment. It can also be used for any reason including vacation, death of a family member, or to cover insufficient balances of another leave type. Family and personal leave is allotted each January 10th and the number of hours allotted is based on the length of state service as outlined in the chart above. Previous unused family and personal leave does not roll over to the next year.

 

Short-Term Disability: Participants in VSDP receive income protection if he or she has a qualifying illness or injury and cannot work. The amount of income protection is based on the length of State service and is illustrated in the table below. To be eligible, employees must have worked in a benefit‐eligible position for at least 12 consecutive months. Income protection begins after the first seven days of absence due to the illness or injury. These first seven days can be covered using the employee’s available leave. The income protection lasts up to 125 workdays. If the illness or injury is such that return to work is impossible, the employee may apply for long‐term disability.

 

Long-Term Disability: Under VSDP, once an employee has exhausted all 125 workdays of short‐ term disability, the VSDP third‐party administrator will automatically initiate a long‐term disability claim for review. If an employee’s long‐term disability claim is approved, then he or she will receive 60% of his or her pre‐disability salary. If the disability is due to a catastrophic condition, the income protection will be increased to 80%.  Once an employee transitions to long‐term disability, he or she ceases to be an employee of the College and will receive his or her monthly disability payment from either the Virginia Retirement System or long‐term disability carrier. Long‐term disability will end if the employee later returns to work or retires.

 

Bereavement: VSDP participants may use family personal leave in the event of the death of a family member. If there isn’t enough family personal leave available to cover the absence, VSDP participants must use annual leave to cover the absence.

V. Additional Leave Types

The leave types specified below are available to AP employees regardless of which sick leave plan they have chosen.

A. Administrative Leave: Administrators are eligible for administrative leave to serve on a jury or appear in court as a witness under subpoena, to resolve work-related conflicts, to participate in the resolution of complaints of employment discrimination, to attend administrative hearings or for other reasons approved in advance by the supervisor. Such leave may be paid or unpaid, depending on the circumstances.

B. Annual Leave: Full-time AP employees accrue twenty-four days of annual leave per year. Annual leave is earned at the rate of eight (8) hours per semi-monthly pay period and is available to use after the end of each pay period. The maximum amount of annual leave that may be carried over to the next leave year is 240 hours. On January 9 of each calendar year, Human Resources purges unused annual leave balances that exceed the carry-over limit. Upon separation, annual leave will be paid or transferred as follows

AP Employee Transfers To Another VA Agency or College

AP to AP AP to Classified
If the AP Employee is transferring into another AP position, the leave balance at separation will transfer to the new agency, if the new agency will accept the balances. Otherwise, the leave balance at separation will be paid, not to exceed a maximum payout of 240 hours. If the AP Employee is transferring into a classified position, the leave balance at separation will be paid, not to exceed a maximum payout of 240 hours. An exception can be made if the new agency agrees in writing to accept the leave balances.

AP Employee Does Not Transfer To Another VA Agency or College

AP to AP AP to Classified
If an AP employee separates and does not transfer to another VA agency or College, the leave balance at separation will be paid, not to exceed a maximum payout of 240 hours. If an AP employee separates and does not transfer to another VA agency or College, the leave balance at separation will be paid, not to exceed a maximum payout of 240 hours.

C. Community Service Leave: This leave provides professionals with up to sixteen (16) hours paid leave each calendar year to participate in volunteer community service organizations, to meet with public or private school officials about their children, to attend school functions in which their children are participating, and to perform school-approved volunteer work in a public school. An additional eight (8) hours per year of community service leave is available for employees serving as volunteer firefighters or rescue service members. Unused leave in this category does not carry over at calendar year-end.

D. Compensatory Leave: Compensatory leave is earned hour‐for‐hour when an employee is required to work on a scheduled holiday or when Richard Bland College is officially closed due to inclement weather. In these instances, the employee is paid for the hours worked plus he or she receives one hour of compensatory leave for each hour worked. Compensatory leave is recorded on the employee’s timesheet at the time that it is earned. It may be used in lieu of annual or sick leave and must be used within 12 months of the date it is earned or it will lapse.

E. Holiday Leave: The College typically observes twelve (12) paid holidays per year. The calendar dates on which these holidays fall are set annually. They include:

  • New Year’s Day
  • Martin Luther King, Jr. Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving
  • The day after Thanksgiving
  • Christmas Day

The remaining four holidays are state holidays that the College does not observe on the actual date: Lee-Jackson Day; Presidents Day; Columbus Day; and Veterans Day. These four state holidays are observed during the December holiday break.

Note: In order to be paid for a holiday, an employee must work or be on paid leave the day before and the day after the holiday. Any employee who is on leave without pay the day before and/or the day after the holiday will not be paid for that holiday.

F. Military Leave: In accordance with Section 44-93 of the Code of Virginia, Administrators who are called to perform military service are eligible to take up to 15 workdays in a federal fiscal year (October 1 – September 30), except that no employee shall receive more than 15 workdays of paid leave per federally funded tour of active military duty. A copy of the orders or other documentation proving the military service must be provided to Human Resources in order to receive military paid leave.

G. Organ or Bone Marrow Donation: AP employees may receive up to 30 days of leave to donate an organ or bone marrow. Medical certification is required for approval. This leave is not covered by the Family Medical Leave Act (FMLA) or the Virginia Sickness and Disability Program (VSDP).

VI. Family Medical Leave Act

The Family Medical Leave Act (FMLA) offers unpaid job protection for up to 12 weeks when an employee cannot work due to illness or injury or when he or she is caring for a newborn or newly adopted child or for an ill or injured family member (child under 18, spouse, or parent). To be eligible, employees must have worked for Richard Bland College, or another Virginia state agency from which the employee directly transferred to Richard Bland College without a break in service, for at least 12 months and have worked at least 1,250 hours in the previous 12 months. During FMLA, paid sick and disability leave runs concurrently with FMLA. Medical certification is required. To determine your eligibility or for more information on FMLA, please contact Human Resources at rbchr@rbc.edu. If it is determined that you are eligible, you must inform your supervisor of your intent to utilize FMLA whether paid or unpaid. If the employee is caring for a family member who is a current service member, then he or she is eligible for up to 26 weeks of unpaid job protection.

VII. Related Policy & Documents

VIII. Contacts

Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

Equal Employment Opportunity

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
Richard Bland College is an equal opportunity/affirmative action employer, which encourages applications from qualified females, minority groups, veterans, and disabled individuals. Richard Bland College will comply fully with the equal opportunity provisions of all applicable laws, regulations, and policies and will not discriminate against any employee or applicant for employment because of gender, gender identity, disability, race, color, age, religion, national origin, or veteran status.

II. Reason for Policy
Richard Bland College complies with all federal and state equal employment opportunity laws.

III. Applicability of the Policy
This policy applies to all College employees and applicants.

IV. Related Documents

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Procedures

Equal opportunity extends to all aspects of employment including but not limited to hiring, transfers, promotions, training, corrective actions, termination, working conditions, compensation, benefits, and other terms and conditions of employment. Richard Bland College complies with federal and state equal employment opportunity laws and strives to keep the workplace free from all forms of unlawful discrimination, including harassment and retaliation.

Any employee may file a discrimination claim or grievance, if applicable, with the Director of Human Resources. If the issue remains unresolved, the procedures provided in the RBC Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy may be utilized.

While employees are encouraged to seek to resolve disputes and claims of discrimination internally, current or former employees and applicants may file charges of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigates employment discrimination based on race, color, religion, sex, national origin, age (40 or older) disability, or genetic information.


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Drug and Alcohol Policy - Employees

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
No employee will report to work under the influence of alcohol or illegal drugs. Also, the possession, use, distribution, or sale of any alcoholic beverages (except when authorized by the RBC President for special events) or illicit drugs on College owned or controlled property or at College activities is prohibited.  Unless authorized by state law, the purchase, possession, or consumption of alcohol by anyone under the age of 21 is prohibited regardless of the event.

II. Reason for Policy
Richard Bland College endeavors to maintain a workplace free from the adverse effects of alcohol and illegal substances.

III. Applicability of the Policy
This policy applies to all employees and visitors to the College campus.

IV. Related Laws and Policies

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Definitions
Illegal Drugs: any drug regarding which possession is prohibited by law, including but not necessarily limited to: marijuana, hashish, amphetamines, LSD compounds, mescaline, psilocybin, DMT, narcotics, opiates, and other hallucinogens including Spice, K2, and synthetic marijuana, except when taken under a physician’s prescription in accordance with law.

DHRM: Virginia Department of Human Resource Management.

VII. Procedures
Employees must notify their supervisors in writing within five days if they are convicted of violating any criminal drug law, either within or outside the workplace, or convicted of violating any alcohol beverage control or driving-while-intoxicated laws, based on conduct occurring in the workplace.

Because of the nature of the work, the College may require drug testing before a final employment offer is made. Some positions may also require ongoing random drug testing and/or as-needed drug or alcohol testing.

Violation of policies related to these matters may result in serious disciplinary action, including termination. The Richard Bland College Department of Campus Safety and Police will enforce drug- and alcohol-related laws.


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Americans with Disabilities Act (ADA) Policy

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
Richard Bland College does not discriminate on the basis of a disability in the administration of its educational programs and activities, including admission and employment practices, access to, or treatment in its programs and services.  Information concerning the provisions of the Americans with Disabilities Act of 1990, and their rights provided thereunder, are available from the ADA Coordinator who arranges services for students at the College.

II. Reason for Policy
The College is committed to acting in accordance with the Americans with Disabilities Act. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

III. Applicability of the Policy
All College employees, students, and applicants.

IV. Related Documents

  • Current text of the Americans with Disabilities Act of 1990 incorporating the changes made by the ADA Amendments Act of 2008
  • Section 504 of the Rehabilitation Act
  • Student Handbook
  • Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Definitions

ADA: Americans with Disabilities Act

Disability: A physical or mental impairment that substantially limits one or more major life activities; or a record of a physical or mental impairment that substantially limited a major life activity; or a perceived impairment that is not both transitory (less than six months actual or expected duration) and minor.

Physical or Mental Impairment: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, or any mental or psychological disorder.

Substantial Limitation: An individualized assessment, construed broadly, that a person is unable or substantially limited in performing a major life activity as compared to most people in the general population.

Major Life Activity: May include, but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reading, thinking, communicating, and operation of major bodily functions.

Obtaining Accommodative Services

  • Employees seeking accommodations or modifications must contact the ADA coordinator for an appointment at rbchr@rbc.edu.
  • Employees must submit to the ADA Coordinator valid and relevant documentation completed by a medical provider verifying the disability and need for an accommodation.  This documentation is required before proper accommodations can be determined.
  • Employees must make specific requests for accommodations. This will begin the interactive process to find an effective and reasonable accommodation. The ADA Coordinator may suggest alternative effective reasonable accommodations.
  • The College may provide reasonable accommodations to employees on a case-by-case basis. By law, accommodations that place an undue hardship on the College are not required to be approved.
  • Only the ADA Coordinator may grant or deny an employee accommodation. Questions regarding accommodation implementation should be directed to the ADA Coordinator.
  • A document cannot be verified if it fails to identify a specific disability or verify the need for requested services.  Employees are responsible for submitting all documentation to the ADA Coordinator in a timely manner.
  • Requests for accommodation shall, whenever possible, be kept confidential in accordance with applicable College and Commonwealth policies.

VII. Complaint Procedures
If an employee disagrees with a decision made by the ADA Coordinator regarding an accommodation, the employee may file a complaint pursuant to the RBC Discrimination, Harassment, Sexual Misconduct and Retaliation Policy.


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Family and Medical Leave Act (FMLA)

Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
Richard Bland College will comply with the FMLA and provide eligible employees up to 12 weeks in a 12-month period of unpaid family and medical leave because of their own serious health condition or the serious health condition of an eligible family member, or up to 26 weeks in a single 12-month period of unpaid leave to care for a covered military service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.

II. Reason for Policy
The College is committed to complying with the federal Family and Medical Leave Act (FMLA).

III. Applicability of the Policy
All eligible positions covered under the Virginia Personnel Act, including full-time and part-time classified, restricted, and wage employees.

IV. Related Documents

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Procedures
An employee should submit a written request for family and medical leave at least 30 calendar days prior to the anticipated leave begin date or as soon as practicable in unforeseen circumstances. If an employee is not able to provide notice because of an illness or injury, notice may be given by a family member or a spokesperson as soon as practicable.

Note: An employee must comply with agency leave request procedures, absent unusual circumstances. Failure to do so may be grounds for delaying or denying an employee’s request for FMLA qualifying leave. Enforcement actions under FMLA can be brought by either the United States Department of Labor or individual employees.

For additional procedures, please refer to DHRM Policy 4.20 at http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol4_20fmla.pdf?sfvrsn=4.


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Discrimination, Harassment, Sexual Misconduct, and Retaliation

Responsibility for Maintenance: Title IX Coordinator and Director of Human Resources

I. Policy Statement
Richard Bland College is committed to providing an environment that emphasizes the dignity and worth of every member of its community and that is free from harassment and discrimination based on race, sex, color, national origin, religion, age, veteran status, sexual orientation, gender identity, pregnancy, genetic information, against otherwise qualified persons with disabilities, or based on any other status protected by law. In pursuit of this goal, any question of impermissible discrimination on these bases will be addressed with efficiency and energy and in accordance with this policy and the Richard Bland College Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy. This policy and the Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy also address complaints or reports of retaliation against those who have opposed practices prohibited by these policies, have filed complaints or reports under these policies, or have testified or otherwise participated in enforcement of these policies.

II. Reason for Policy
The purpose of this policy is to establish clearly and unequivocally that Richard Bland College prohibits discrimination, harassment, sexual misconduct, and retaliation by individuals subject to its control or supervision.

III. Applicability of the Policy
This policy applies to on-campus conduct involving students, employees, faculty and staff, visitors to campus (including, but not limited to, students participating in camp programs, non-degree seeking students, exchange students, and other students taking courses or participating in programs at Richard Bland College), and contractors working on-campus who are not Richard Bland College employees, and to students, visiting students, employees, faculty and staff participating in Richard Bland College-sponsored activities off campus. This policy also is applicable to any conduct that occurs off campus that has continuing effects that create a hostile environment on campus.

IV. Related Documents
Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy

V. Contacts
Human Resources and the Office of the Title IX Coordinator
Director of Human Resources and the Title IX Coordinator
HR-(804) 862-6100,
ext. 6208
Title IX – (804) 862-6172
(804) 481-0522
rbchr@rbc.edu & titleix@rbc.edu

VI. Definitions
The definitions found in the RBC Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy shall apply to this policy.

VII. Procedures
Allegations of on-campus or off-campus violations of this policy should be reported to the Title IX Coordinator in accordance with the Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy.  Issues involving employee alleged violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act, or other non-Title IX issues shall first be investigated by the Director of Human Resources or his/her designee and resolved at that level if a mutually satisfactory solution can be reached.  Any non-Title IX issues that cannot be resolved shall be forwarded to the Title IX Coordinator for further review and possible appeal pursuant to the Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy.  All Title IX issues, including sexual misconduct of any nature and sex discrimination, should be reported directly to the Title IX Coordinator, and the procedures established in the Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy shall apply.

Designation, Appointment, and Termination of Administrative and Professional (AP) Employees

Responsibility for Maintenance: Director of Human Resources

(Approved by the William & Mary Board of Visitors February 5, 2016; updated by President Sydow January 11, 2017)

I. Policy Statement
Administrative and Professional (AP) employee positions manage a department or subdepartment of a major academic or administrative unit. Typically, AP positions:  (1) require a high level of knowledge, discretion, independent judgment, and advanced education and/or prolonged, specialized experience; (2) are exempt employees under the provisions of the Fair Labor Standards Act (FLSA), and therefore not subject to the FLSA provisions governing the payment of overtime; and (3) report directly, or through one other person, to the President. Examples of such positions are: the heads of units such as student life, athletics, human resources, campus safety and police, information and technology services, and capital assets and operations. AP employees are appointed by the President as at-will employees or, in some instances, for a specified or otherwise restricted (as by funding source) term.

II. Reason for Policy
Pursuant to Virginia Code § 2.2-2901, policies shall be established for the designation of administrative and professional faculty positions at institutions of higher education. “Those designations shall be reserved for positions that require a high level of administrative independence, responsibility, and oversight within the organization or specialized expertise within a given field as defined by the Board of Visitors.”  This policy provides guidance for, and authorizes, the President to designate AP positions in accordance with procedures set forth herein.

A. Appointments
AP employees are generally employed through at-will appointments. Restricted or specified-term appointments may be used in certain circumstances outlined elsewhere in this policy. If a contract is provided, then the term of the contract shall apply unless the contract specifies otherwise.  AP employees are subject to involuntary separation for budgetary or operational reasons, as set forth in this policy, and may also be terminated for cause, including unsatisfactory performance.

  1. Restricted Appointments
    Restricted appointments are positions that are funded through sponsored contracts or grants. Restricted appointments terminate upon the expiration of the supporting funding source. The position may be continued if an additional funding source, such as a subsequent grant, is available. No additional notice beyond the termination date of the sponsored program or grant is required for the employment to end.
  2. Specified-term Appointments
    Certain AP appointments may be hired for a specified period or project. Such employees may include those employed in the Athletics Department. These specified-term appointments do not renew automatically, and terminate on the date specified with no notice or other action required unless otherwise specified in the contract.
  3. Reassignments
    The President has complete discretion to reassign administrative duties and titles at any time. For example, an AP employee may be reassigned to work in a different department or office, or under a different supervisor.  If the AP employee has a specified-term contract, the employee’s salary will not be reduced as the result of a reassignment.  If the employee does not have a specified-term contract, the employee’s salary may be reduced only if the employee’s salary is out of alignment with comparable positions within the unit or College. Any salary increase or decrease as the result of a reassignment must be reviewed by the Director of Human Resources and approved by the President.

B. Termination and Other Forms of Involuntary Separation and Reduction; Certain Amicable Separation Agreements

  1. Abolition or Reduction of Position for Operational Reasons
    An AP position may be eliminated or reduced (changed from full-time to part-time, made seasonal, etc.) if the College determines that the services being performed are no longer required or can be reduced. This determination may be made at the College’s discretion for operational reasons.A position may be abolished or reduced at any time provided that the affected AP employee is given written notice at least 90 days prior to the effective date, unless a contract is ending prior to that time, in which case the contract end date will apply. If the position is reduced in scope, the AP employee may decline to continue in the position. If the AP employee declines, it is still considered an involuntary separation eligible for any applicable severance. The notice will specify the severance benefits for which the AP employee is eligible. Unless otherwise negotiated, an employee is expected to perform his or her duties during the notice period.If the AP position being abolished or reduced is one for which the incumbent has a specified-term appointment, the College and the employee may renegotiate the terms of the specified-term contract. In the absence of a renegotiated contract, the College will pay the AP employee severance in the amount of gross salary remaining under the specified-term appointment, subject to such withholding as may be required.
  2. Termination or Reduction of Position for Budgetary Reasons
    Inadequate funding or other fiscal constraints can result in termination or reduction of a position(s) by the College at its discretion. In implementing reduction and terminations necessitated by inadequate funding, the College will give due consideration to the effect of a position on the College’s mission and the need for efficient use of available resources.A position may be terminated or reduced at any time provided that the affected AP employee is given written notice at least 90 days prior to the effective date of the termination or reduction, unless a contract is ending prior to that time, in which case the contract end date will apply. The notice will specify any severance benefits for which the professional is eligible. Unless otherwise negotiated, an employee is expected to perform his or her duties during the notice period. If the position is reduced in scope for budgetary reasons, the AP employee may decline to continue in the position. If the AP employee declines, it is still an involuntary separation eligible for any applicable severance.If the AP position being abolished or reduced is one for which the incumbent has a specified-term appointment, the College and the employee may renegotiate the terms of the specified-term contract. In the absence of a renegotiated contract, the College will pay the AP employee severance in the amount of gross salary remaining under the specified-term appointment, subject to such withholding as may be required.
  3. Termination for Cause
    An AP employee may be terminated immediately for cause. Termination for cause is for serious, willful, or repeated misconduct, or deficiencies in performance such as:

    1. Unethical conduct or dishonesty, including falsification of credentials or records, and misappropriation or misuse of College funds or property;
    2. Serious, knowing, or repeated violations of policy or law;
    3. Malfeasance;
    4. Serious or repeated insubordination;
    5. Inappropriate behavior that adversely affects College operations;
    6. Convicted criminal conduct occurring: (i) on the job; or (ii) off the job, if plainly related to or affected job performance, detrimental to the College’s reputation, or of such a nature that retention of the employee would be negligent in light of the College’s duties to itself, the public, students, or other employees;
    7. Inability, unwillingness, or refusal to perform functions of the job, including job abandonment; and
    8. Unsatisfactory performance in accordance with the applicable College policy on performance planning and evaluation for professionals and professional faculty.
    9. An AP employee may be discharged for cause at any time. AP employees who are removed for cause are not eligible for severance benefits.
  4. Negotiated Separations
    The College, at its discretion and as an alternative to other methods of termination, may negotiate separation agreements with AP employees.  Such agreements may be used where unsuccessful job matches, irresolvable conflicts or other circumstances lead the parties to agree that a negotiated end to the employment relationship is in the parties’ best interests.
  5. Access to Grievance Process
    AP employees who have been terminated under paragraph 3 of this policy have access to the College’s grievance procedure for AP employees. The grievance procedure is not available to AP employees who agree to a negotiated separation.
  6. Resignation
    AP employees who resign must do so in writing, delivered to the President.  Such notice should provide at least 30 days’ notice before the effective date of the resignation.

Reason for Policy
The purpose of this policy is to describe the conditions and procedures for the designation, appointment, and termination of AP employees.

III. Applicability of the Policy
This policy applies to the College’s AP employees.

IV. Related Documents
Grievance Procedure for AP Employees

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Procedures
A. Procedures for Designation of AP Personnel
The proponent for a new or modified AP position or modification shall develop: (1) a draft position description or modification; (2) justification for the new or changed position; and (3) a written explanation of the reasons the new or modified position appears to be an AP position. The proponent shall submit the documents through any supervisor, up to but not including the President, to the Director of Human Resources. The Director of Human Resources shall review the submission. If the Director of Human Resources agrees that the position qualifies as an AP position, the Director will forward the recommendation to the President. If the Director does not agree that the position qualifies as an AP position, the Director will so notify the employee who submitted the proposal.

B. Procedures for Termination for Cause
The President will send the AP employee written notice of the College’s intent to terminate. The notice will: (1) describe the conduct of the employee believed to form the basis for the termination for cause; (2) specify how the actions constitute cause within the meaning of the policy; and (3) specify a deadline for the employee’s written response, which must be at least five working days after the date of the notice. The employee may be placed on paid administrative leave pending the termination date, at the College’s discretion.


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Performance Evaluation of Administrative and Professional Employees

Responsibility for Maintenance: Director of Human Resources

(Approved by the William & Mary Board of Visitors February 5, 2016; updated by President Sydow January 11, 2017)

I. Policy Statement
This policy establishes a system for: (1) setting performance goals and objectives, as well as career development goals; (2) monitoring employee progress, providing constructive feedback, and evaluating performance; and (3) aligning performance plans with the College’s mission and strategic goals, as well as budget, IT initiatives, and operational priorities.

II. Reason for Policy
The purpose of this policy is to establish a method for the evaluation of Administrative and Professional (AP) employees.

III. Policy
Administrative and Professional (AP) employees shall be subject to formal and periodic evaluations of their administrative performance.

Written performance evaluations of administrative and professional faculty shall be conducted, and pay increases, when funds are available, shall be based on an objective analysis of the performance of each individual.

By law, no RBC employee, whether faculty or staff, shall receive payment for work not performed unless authorized by law, such as paid holidays, vacation days, etc.

Annual reviews of all administrators below the level of President will use the Richard Bland College Self-Evaluation Form to conduct a self-assessment. Supervisors will consider the self-assessment, as well as progress toward operational plan goals, and overall performance of duties as established in the position description for the job title.

All affected AP employees whose beginning date of employment is no later than February 15 of the year being reviewed must complete a self-evaluation no later than April 1st of the fiscal year (July 1 – June 30) being reviewed.

IV. Related Documents

  • Annual Performance Evaluation – Administrative Staff (HR form)
  • Self-Evaluation (HR form)
  • Annual Administrative Performance Evaluation Schedule (HR form)

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Definitions
Upon completion of the performance review process, supervisors shall assign one of the following performance ratings to AP employees. Each rating is defined below:

A. Consistently Exceeds Performance Expectations

  1. Demonstrates exceptional quality of work in all essential areas of responsibility.
  2. Always makes an exceptional or unique contribution in achievement of unit, department, and College objectives.

B. Frequently Exceeds Performance Expectations

  1. Always achieves performance expectations and frequently exceeds them.
  2. Demonstrates performance of a very high level of quality.
  3. Significantly contributes to the success of the services and projects they support.

C. Performance Expectations Fulfilled

  1. Consistently fulfills performance expectations and periodically may exceed them.
  2. Work is of high quality in all significant areas of responsibility.
  3. Any performance concerns are resolved through coaching, feedback, and self-initiative.

D. Inconsistently Fulfills Performance Expectations

  1. The employee’s work does not consistently meet the most basic job requirements of the position. While the employee may have performed acceptably in some areas, overall job performance needs to be improved.
  2. The supervisor may place the employee on a performance improvement plan.
  3. Failure to demonstrate improvement may result in additional action up to and including employment termination for cause.

E. Fails to Meet Performance Expectations

  1. The employee’s work is below the basic requirements and immediate and continued improvement is required.
  2. The supervisor shall place the employee on a performance improvement plan.
  3. Continued failure to show improvement may result in additional action up to and including employment termination for cause.

VII. Procedures
A. Roles and Responsibilities

  1. Employee
    • Assists supervisor with developing annual operational goals and professional development goals, and makes suggestions for revising goals as necessary during the performance year;
    • Has a clear understanding of supervisor’s expectations and requests clarification if necessary;
    • Manages own performance to achieve annual operational goals, bringing to supervisor’s attention circumstances that may affect their achievement;
    • Seeks performance feedback from supervisor during tri-annual performance reviews, or as needed;
    • Fully participates in performance discussions during tri-annual review meetings and during the annual performance evaluation meeting; and
    • Addresses aspects of performance identified as needing improvement.
  2. Supervisor
    • Seeks input from employee regarding individual annual operational goals and professional development goals;
    • Monitors employee performance during the performance year and communicates with employee on an ongoing basis about performance;
    • Holds interim discussions with each employee in the form of tri-annual reviews in November, January, and April about performance; documents the discussions when appropriate;
    • Addresses in a timely manner instances of poor performance or other significant performance issues;
    • If appropriate, seeks feedback concerning employee performance from internal and external sources, including external peers, team members, coworkers, stakeholders, or others;
    • Assists employees whose performance has been identified as needing improvement in one or more aspects to make the necessary improvement;
    • Prepares annual performance evaluations, ensuring that all significant performance issues are documented; and
    • Meets with employees individually to discuss their evaluations and development needs.
  3. Human Resources
    • Provide for the training needed to increase supervisors’ effectiveness in performance management and evaluation;
    • Ensure that all supervisors are knowledgeable about the processes and requirements of this policy and abide by it.
    • Support employees and their supervisors in the performance management process; and
    • Maintain up-to-date forms, files, and records.

B. Performance Planning

  1. Planning
    At the beginning of the performance cycle (July-September), the employee, with input from the supervisor, will develop an operational/performance plan that includes measurable, target goals for the year. Employees will also review their position description for accuracy. While based on the employee’s job duties as stipulated in the position description and the long-term master plan goals of the unit, operational/performance plan goals will reflect measurable goals for the coming year, including those that support the College’s strategic plan. The operational goals for the unit should be prioritized by the supervisor and entered into AchieveIt.While the plan will establish the goals, objectives, and performance necessary to achieve the satisfactory level, supervisors and employees are encouraged to discuss the opportunity and effort needed to achieve higher performance levels.Supervisors will finalize their unit’s operational/performance plans for the upcoming year within 90 days of the new performance year and will meet individually with each subordinate to discuss the final operational/performance plans and expectations.An operational/performance plan for new employees must be established within 30 days of their start date. For employees whose start date is after March 1 of a given performance year, a performance plan will be established for the next performance year.
  2. Methods and Documentation
    In accordance with guidance from the Director of Human Resources, the supervisor will inform the employee at the beginning of the operational/performance year of the primary methods or bases the supervisor will use in evaluating the employee’s performance for the upcoming year.

C. During the Performance Year
If during the performance year there are significant changes to the employee’s core responsibilities, the employee and supervisor will review the operational/performance plan and revise as needed. If the supervisor changes during the performance period, the departing supervisor will complete a written interim performance evaluation of the employee, unless the supervisor is departing less than 90 days following the employee’s most recent annual performance evaluation or tri-annual performance evaluation.

D. Performance Evaluation

  1. Schedule
    Employee performance shall be formally evaluated at the end of each performance year by the deadline established in the Performance Evaluation Schedule, which is maintained by the Director of Human Resources. Typically, the performance year is July 1 – June 30, but the Director may establish an alternate performance year if it is more suitable to the nature of the position. Employees who began work after March 1 of a performance year will not receive a formal performance evaluation for that performance year.
  2. Process and Documentation
    The performance evaluation should be completed using guidance from and forms provided by the Director of Human Resources.  In addition, the supervisor must provide the employee with an opportunity to complete a self-assessment based on his or her performance plan.The supervisor is responsible for ensuring consistent and appropriate application of the evaluation process and for ensuring that the documents are included in the employee’s official personnel file.The supervisor will give the employee a copy of the final performance evaluation prior to meeting individually with the employee to discuss it.Supervisors who rate an employee’s performance as Inconsistently Fulfills Performance Expectations must provide guidance and, where appropriate, training to improve performance. Supervisors will provide both the employee and the Director of the Human Resources with documentation of the guidance given and of the training to be completed.  The employee who is assigned such training shall provide the supervisor and the Director of Human Resources documentation of its completion.Supervisors who rate an employee’s performance as or Fails to Meet Performance Expectations must, in consultation with the Director of Human Resources, develop a performance improvement plan. The supervisor will re-evaluate the employee three months after the development of the performance improvement plan to determine whether performance has improved. Employees whose performance continues to be unsatisfactory at the end of the re-evaluation period are subject to termination for cause.  (See the Designation, Appointment, and Termination of Administrative and Professional Employees Policy)

E. Appealing Performance Evaluations
An employee who disagrees with his or her performance evaluation should discuss the issue with the supervisor and, within ten (10) business days of having received the evaluation, may request that it be reconsidered. The supervisor may decline to reconsider the evaluation, or may reconsider it and either affirm or revise the original evaluation; such action must be taken within ten (10) business days of the employee’s request for reconsideration.

Deadlines described above may be extended to accommodate vacations, absences, or other reasonable delays.


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Grievance Procedure for Administrative and Professional Employees

Responsibility for Maintenance: Director of Human Resources

(Approved by the William & Mary Board of Visitors February 5, 2016; updated by President Sydow January 11, 2017)

I. Policy Statement
It is the policy of the College to provide an environment where employees can raise and seek resolution to employment-related concerns and complaints, openly discussing them with supervisors without fear of intimidation or retaliation. The College promotes informal, timely, and efficient resolution of employment concerns and complaints by encouraging Administrative and Professional (AP) employees to discuss these matters and to address concerns as they are raised. The College also provides this process to ensure that complaints that rise to the level of a grievance are given thoughtful consideration and fair treatment.

The College does not tolerate any form of retaliation against an employee who has filed a grievance or assisted another employee who is filing a grievance. Employees will not be penalized or disciplined for raising employment-related concerns, complaints, or grievances in good faith, or for assisting another employee who is filing a grievance.

II. Reason for Policy
This policy establishes a process by which AP employees may have concerns or complaints related to their employment addressed.

III. Applicability of the Policy
This policy applies to the College’s AP employees and their supervisors. This policy does not apply to employment-related issues that are governed by other policies that provide a means of addressing violations, such as the Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy.

IV. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

V. Definitions
“Grievance” means a complaint made by an employee about a decision, action, lack of action, or the application of a College policy that directly and adversely affects the work activity or professional well-being of the employee and which can be remedied by the College.

VII. Procedures

A. Informal Resolution
An employee who has an employment-related concern or complaint is encouraged to discuss it with his or her supervisor as soon as practicable, and in the spirit of problem solving.  If the employee’s immediate supervisor is the subject of or cause of the complaint, the employee may request a meeting with the immediate supervisor’s manager.  The employee should be mindful of the need for timely airing of the complaint as well as deadlines related to the filing of a grievance, should they become relevant.

Although informal resolution does not require documentation, employees are encouraged to consider the information requirements set out below, and provide the supervisor with the background and details needed to resolve the matter.

If no resolution is reached through informal channels, the employee may:  (1) ask the assistance of the Director of Human Resources to mediate a resolution; or (2) file a formal grievance.

B. Mediation
Mediation is an alternative for resolving employment-related issues.  Mediation is a voluntary process through which a neutral third party assists people in conflict to explore their differences and develop their own solutions to these issues. A decision to mediate does not prevent an employee from initiating a grievance. Where the parties have agreed to mediate, the time requirements of the grievance procedure may be extended by mutual agreement. The Director of Human Resources will coordinate the mediation.

C. Grievance Process
Exclusions:  Although many complaints can be handled under this policy, the following issues can be grieved through the process outlined below only to the extent the decision, action, or lack of action is arbitrary or capricious, or involves an alleged violation of College policy or applicable law:

  • Reorganization;
  • Reassignment of duties;
  • Non-renewal of contract;
  • Performance evaluation;
  • Denial of promotion;
  • Compensation matters or benefits;
  • The contents of established policies, rules, procedures, regulations, ordinance, and statutes;
  • Work activity accepted by an employee as a condition of employment or that reasonably may be expected to be a duty of the job; or
  • Relief of employees from duties during emergencies.

The following process is designed to provide a formal structure for handling a grievable complaint. AP employees and supervisors are encouraged to seek amicable resolution at any time during this process.

  1. Level One:  If the employee has a concern or complaint that qualifies as a grievance, and which was not or could not be resolved to his or her satisfaction through the informal process, the employee may submit a written statement of the grievance. The employee will submit the grievance to the supervisor or, if the supervisor is the subject of the grievance, to the supervisor’s manager. If informal resolution was used, the employee must submit the written grievance within ten business days of receiving the supervisor’s (or the supervisor’s manager’s) response. If informal resolution is not used, the written grievance should be filed no later than thirty days after the decision or action being grieved occurred or the employee becomes aware of the decision or action.
    • a. The employee will provide the following information in the written grievance:
      • i. The issue being grieved, including a clear statement of the facts upon which the complaint is based;
      •  ii. Any documentary or other evidence in the employee’s possession, and a list or description of requested records the employee believes pertinent to the grievance;
      • iii. An explanation of how the employee has been adversely affected;
      • iv. A copy of any pertinent College policies, contractual agreements, or other documents upon which the employee relies; and
      • v. A statement of the specific relief sought.This information will constitute the grievance file. Failure to submit this information may result in the complaint being found non-grievable.
    • b.  Within ten business days of receiving the grievance (except as provided below), the supervisor (or the supervisor’s manager, as appropriate) will provide the employee with a written response indicating either that:
      • i. The supervisor has determined that the grievance has no merit or is not grievable, and the relief sought is denied.  The supervisor will indicate the reasons for the determination; or
      • ii. The supervisor has determined that the grievance has merit, the relief to be granted (which may differ from the relief requested by the employee), and the reasons for this determination. If the relief is beyond the authority of the supervisor to provide, the supervisor will notify the employee that further administrative approvals are necessary, and will consult with the appropriate College officers or other parties. Additional time will be required in these instances. The supervisor, with input from the employee, will establish a reasonable time by which the relief granted is in place.If the written response of the supervisor (or the supervisor’s manager) is satisfactory to the employee, the employee will provide written notification to indicate conclusion of the grievance. If not, or if the relief granted is not provided by the established time, the employee may proceed to the next level. If the supervisor is the President, or if the grievance was against the supervisor and the President performed the role of the supervisor under the Level One process, the President’s decision on the grievance is final.
  2. Level Two:  If the employee is not satisfied with the resolution at Level One, and the President has not already decided the grievance, the employee may advance the grievance to the President. Using the original grievance form, the employee will describe his or her dissatisfaction with the Level One resolution, provide any new, relevant information the employee wants the President to consider, and forward it to the President along with the rest of the grievance file within ten business days of receiving the written response from the supervisor.The President will meet with the employee within ten business days following receipt of the grievance form. The President may request the employee’s supervisor to be present. The employee, similarly, may bring an observer of his or her choosing from among the College’s employees.The President may conclude that the issue is not grievable, which decision is final; or may make a determination on the merits. The President will communicate the decision in writing to the employee within ten business days of their meeting, except as provided below.  If the President makes a decision on the merits and decides in favor of the employee, the President will also indicate the relief to be provided, as well as a reasonable time for it to be provided. The decision of the President is final.
  3. Any deadline may be extended by the Director of Human Resources for reason of absence due to vacation, illness, business travel, or other reasonable cause.

Leave without Pay for Faculty, and for Administrative and Professional Employees

Responsibility for Maintenance: Director of Human Resources

(Approved by William & Mary Board of Visitors February 5, 2015; updated by President Sydow January 11, 2017)

I. Policy Statement
Provided that they meet their primary duties to the College, full-time Faculty and AP employees may apply for leave without pay, or negotiate reduced responsibility contracts to pursue other professional work or to run for and/or hold political office. Such leave is granted at the sole discretion of the President.

II. Reason for Policy
This policy describes the circumstances under which Faculty and AP employees may be permitted to take leave without pay or reduced-responsibility agreements.

III. Applicability of the Policy
This policy applies to full-time members of the teaching and research faculty (Faculty) and to Administrative and Professional (AP) employees.  Leave without pay for College classified employees is governed by the Commonwealth of Virginia Department of Human Resource Management Policy 4.45.

IV. Related Documents
DHRM Policy 4.45

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

VI. Procedures
A. Submission of Request
Members of the Faculty or AP employees seeking to take leave without pay or reduced-responsibility agreements must present their request to the President, together with:

  1. A description of the reason for the leave, together with the precise dates proposed for the leave;
  2. If a reduced-responsibility agreement is proposed, a description of the partial work to be performed, and the percentage of work that will be performed.
  3. The recommendation of:
    • in the case of Faculty, the Provost; or
    • in the case of AP employees, the supervisor of the employee.
    • The recommendation must describe how the work (or partial work) of the employee will be managed during the period of leave. The recommendation should describe any other proposed terms and conditions of such leave.
  4. If the proposal for managing the work of the employee during the period of leave will include strategies that will require the expenditure of funds in excess of the savings resulting from not paying the employee during the period of leave, a proposed budget identifying the source of additional funds.

B. Specific Terms and Conditions of Leave
If leave without pay or reduced responsibility leave is granted, the particular terms and conditions of the leave will be set forth in writing.

Recruitment and Selection for College Positions

Responsibility for Maintenance: Director of Human Resources

(The portions of this policy regarding administrative and professional staff were approved by the William & Mary Board of Visitors February 5, 2015; updated by President Sydow January 11, 2017; updated by President Sydow February 26, 2018)

I. Purpose:
To set forth policy and procedures to be used in the recruitment and selection of employees by the College, to increase college-wide awareness and effectiveness of the recruitment and selection process, to create uniformity in the selection practices, and to ensure compliance with all applicable federal and state regulations regarding employment matters.

II. Definitions:
Administrative, professional, and teaching faculty: full-time, faculty-ranked positions that are governed by Richard Bland College and its applicable policies, and which are not covered by the Virginia Personnel Act.

Applicant: an individual who has filed an application for a vacant position.

Candidate: an applicant who has been screened and invited for an interview.

Classified positions: positions listed in the Commonwealth’s Compensation Plan and governed by the Department of Human Resource Management (DHRM) and RBC, and which are covered by the Virginia Personnel Act.

Closing date: the end of the recruitment period if a fixed period of time is chosen as the recruitment option.

Committee chair: a person chosen to head an interviewing committee or a screening/interviewing committee.

Employment discrimination: the act of screening out, creating employment barriers, or denying employment or employment opportunities to an individual or group of individuals for non-merit reasons.

Hiring manager: the manager in an organizational unit.

Initial application review date: the initial date that applications will be considered when the open-until-filled recruitment option is used.

RBC Senior administrator: A College administrator who reports directly to the College President.

Selection committee: a group of persons appointed for the purpose of screening, interviewing, and recommending candidates for employment consideration.

Targeted recruitment: a recruitment strategy designed to attract and inform minority groups, veterans, and women about employment opportunities.

III.    Policy:

A. Richard Bland College is committed to the recruitment and selection of highly-competent persons for vacant positions at the College without discrimination. This shall be accomplished by applying fair and consistent employment practices in every aspect of the recruitment and selection process and by ensuring that these practices are consistent with confidentiality guidelines and federal, state, RBC, and DHRM policies and procedures.

B. The College’s recruitment and selection process shall be conducted in an efficient and effective manner in order to ensure that well-qualified and capable individuals are hired on a timely basis. Additionally, the implementation of the recruitment and selection process shall be designed to cause the least disruption to College programs and services.

C. The College does not discriminate with regard to race, color, religion, national origin, disability, political affiliation, sex, age, veteran status, sexual orientation, genetics, or other non-merit factors. However, the recruitment and selection process shall include aggressive Equal Employment Opportunity goals in order to ensure that a diversified work force is achieved that reflects the communities served by the College.

D. Consistent with the requirements of the Code of Virginia § 2.2-2903, a veteran’s military service shall be taken into consideration by the college during the selection process, provided that such veteran meets all the requirements for the available position. Consideration shall also be given to a veteran who has a service-connected disability rating fixed by the U.S. Department of Veterans Affairs (which rating can be 0-100%), a surviving spouse or child of a veteran killed in the line of duty, and a member of the National Guard, provided that such applicant meets all the requirements for the available position.

E. The College does not permit the lowering of bona fide job requirements, performance standards, or qualifications to give preference to any College employee or applicant for College employment. All reasonable means shall be utilized to attract qualified applicants for posted positions. Consequently, selection shall be based on the applicant’s knowledge, skills, abilities, and fitness for the vacant position.

F. The College’s recruitment and selection process includes a mechanism for qualified disabled applicants to request a reasonable accommodation so that he or she may participate in the selection process.

G. The College’s Office of Human Resources shall maintain the official recruitment file for each announced vacancy in accordance with established state guidelines. Additionally, all inquiries regarding completed recruitment efforts should be directed to the Office of Human Resources.

H. The College’s Office of Human Resources shall assign training regarding recruitment and selection through the Commonwealth of Virginia’s Knowledge Center. This training is mandatory for hiring managers and College employees who chair or serve on selection committees prior to involvement in the College’s recruitment and selection process. This training must be completed within one year of serving on a selection committee.

 

IV. Procedures:

A. Wage (Hourly) vacant positions

  1. Advertising is not required in order to fill wage (hourly) positions that will work under 20 hours per week. Upon approval to fill a new or vacant wage (hourly) position that will work under 20 hours per week, the hiring manager may fill the position from available sources. If one or more qualified applicants are not available, the hiring manager should consult with the Office of Human Resources to discuss alternative recruitment solutions.Upon selection of a candidate, the hiring manager should request initiation of on-boarding by submitting information on-line using the Wage/Student Assistant/and Adjunct Hire Request Form.
  2. Wage positions approved for 20 to 29 hours per week require recruitment. Approval is obtained via completion of a RBC Recruitment Request Form with attached current position description. Upon approval to fill a new or vacant wage (hourly) position that will work 20 to 29 hours per week, the hiring manager should forward the completed RBC Recruitment Request Form with attached current position description to Human Resources. Human Resources will post the position to the Commonwealth’s Recruitment Management System (RMS) as “Open to the General Public,” and the position will be listed for a minimum of five (5) workdays. However, the typical time period selected for classified wage vacancies of this type is ten (10) workdays.
  3. Upon publishing the advertisement to RMS, Human Resources will provide to hiring managers for committee use:

a. RMS User Credentials to view on-line applications;

b. Screening criteria log; and

c. RBC Search Committee Screening/Interview Checklist

  1. A committee and committee chair will be named. The committee serves as an advisory group to the hiring manager who is not an official member of the committee. The names of the selected committee members will be communicated in writing via the Request to Recruit form. HR will review the search committee list before posting the position to ensure the committee composition consists of at least one male, one female, and one minority.  Other criteria for the committee composition are as follows:
  • At least three (3) persons shall be on the committee.
  • One individual must have expertise in, or be knowledgeable regarding, the job-specific field.
  • Each person on the committee must be higher than, or as close to, the pay band as the vacant position as possible.
  • The committee shall have male and female representation.
  • Committee members must complete appropriate training in the Knowledge Center every 12 months.
  1. Committees shall conduct a full screening of all of the applications received using the minimum required qualifications and veteran status. Applicants who meet all of the minimum qualifications will be interviewed. However, if the number of minimally-qualified applicants is too large to be accommodated by the interview process, then preferred criteria may be used. If there are at least three (3) minimally-qualified applicants who meet the preferred criteria, then the applicants with the highest rating score will be interviewed. If there are less than three (3) applicants who meet the preferred criteria, then these applicants will be offered an interview.
  1. The completed Criteria and Screening sheet will be provided to Human Resources prior to scheduled interviews.

The interview process

  • Upon approval of the completed Criteria and Screening sheet by Human Resources, the hiring manager or designee will immediately determine the interview schedule, contact the applicants for interview, and review the following documents, which will be provided by Human Resources:
  • Interview Evaluation Worksheet
  • ADA General Information
  • EEO Statement for Search and Screening Committees
  • Wage position description
  • Job announcement
  • RBC Interview/Applicant Summary
  • Telephone Reference Check Form
  • Human Resources approved interview questions
  1. The committee chair will ensure that the selected applicants are promptly contacted via telephone and scheduled for an interview. The College is not required to offer an alternative interview date/time if an applicant is unable to select from the initial interview dates/times offered. The committee chair/designee should make two (2) attempts to contact the applicant for an interview. If the committee chair/designee is unable to schedule the interview, he/she must ensure that these attempts are properly documented (using dates and times attempted).
  1. The interview committee will conduct the structured interviews for the invited candidates using the Human Resources approved questions. The committee chair should structure the actual interviews in the same manner for each candidate. The interviewer(s) may ask additional questions in response to any statements or questions from the candidate or to clarify information indicated on the application submitted. Additionally, the committee should:
  • conduct each interview within the same amount of time;
  • introduce the members of the screening/interview committee;
  • give a brief overview of the college and the vacant position;
  • use the same list of Human Resources approved questions to interview each applicant;
  • give each candidate the opportunity to ask questions of the committee; and
  • have each candidate sign their application.
  1. Each interviewer or committee member will briefly summarize the candidate’s interview responses on the Interview Evaluation Worksheet and rate each response. Additionally, each interviewer will indicate the overall interview rating and recommendation for each candidate. Interviewers shall make all comments and notations regarding the candidate’s interview process directly on the forms provided, which shall be submitted to Human Resources with the completed applicant recruitment package.
  1. Based on the outcome of the submitted application and personal interview, the committee chair (with input from the committee members) completes the Interview/Applicant Summary. Based on this assessment, the committee documents the recommendation for the top candidate(s) for further consideration and/or approval of the President.
  1. The committee chair, using the Reference Check Form, conducts reference checks for the top candidate or for all of the candidates recommended. It is preferred that at least two former supervisory checks be made for each candidate. If two supervisory references are unattainable, at least one (1) former supervisory reference and one (1) character reference should be obtained. Upon completion of the reference-check process, the committee chair will forward the recommended candidate(s) name and application(s) to the President’s office for approval and/or to schedule a final interview.
  1. Upon completion of review and/or the final interview, the President’s Office will contact the hiring manager and Human Resources to give approval or disapproval of the selected candidate. If approved, the hiring manager should request initiation of the background check and on-boarding by Human Resources.

B. Adjunct faculty vacant positions

  1. Advertising is not required in order to fill adjunct faculty positions.
  1. The academic offices will maintain a file of qualified applications from unsolicited, walk-in, or other sources for a period of two years from date of receipt. Adjunct faculty vacancies may be chosen from these sources or from other sources.
  1. If a qualified applicant pool is unavailable and the hiring manager seeks to fill the position via the recruitment process, the hiring manager shall develop the adjunct job advertisement for the particular teaching field needed and obtain approval from the Dean of Faculty and Chief Academic Officer with concurrence from the RBC President.
  1. Upon approval from the Dean of Faculty and Chief Academic Officer, the hiring manager shall consult with the Office of Human Resources to discuss alternative recruitment solutions.
  1. Upon receipt of one or more qualified applicant folders, the Dean of Faculty and Chief Academic Officer or designee will review the application folder(s) based on job requirements and veteran status, invite applicant(s) for an interview, conduct interview(s), check references, and make a hiring decision.

C. Classified staff vacant positions

  1. In accordance with the Department of Human Resource Management’s (DHRM) policies and procedures, when a vacancy occurs, the Office of Human Resources will review the status of former College employees who may be eligible for re-hire due to layoff or current employees who may be eligible for reinstatement due to certain types of leaves of absence. The Office of Human Resources will advise the hiring manager of this review in order to determine the next appropriate course of action.
  1. Upon approval to fill a new or vacant classified position via a completed RBC Recruitment Request Form with attached current Employee Work Profile (EWP), the Office of Human Resources and the hiring manager will discuss recruitment options, including targeted recruitment efforts. Based on these discussions, the Office of Human Resources will develop the job announcement and the newspaper advertisement (if applicable) from the current EWP. Note, if the EWP is not current, or has changed significantly, the hiring manager will be responsible for revising the EWP and providing it to the Office of Human Resources for classification review and determination of proper role title and working title. The hiring manager will approve the final written advertisement.
  1. Positions may be filled without posting in the following instances with the approval of the RBC President:
  • inter-agency (within RBC) transfers and demotions in lieu of termination or layoff
  • management-initiated voluntary transfers and voluntary demotions
  • employee-initiated voluntary transfer (within the same work unit with no change in supervisor) and voluntary demotions
  • when the same type of position (with the same duties) becomes vacant within ninety (90) days of the closing date of the recruited position
  1. Job announcements may be limited to RBC’s current employees (including classified, wage (hourly), full-time, and adjunct faculty) to provide employee-initiated voluntary transfers and promotional and career opportunities, as determined by the appropriate Dean, Director of Human Resources, and the President. The decision to limit the opening should be made in consideration of the College’s EEO objectives, availability of qualified applicants, and other factors determined to be consistent with the College’s and the Commonwealth’s policies. If this option is chosen, the job announcement will be listed in the state’s Recruitment Management System (RMS) as an “Agency-only” recruitment for a minimum of five (5) workdays. Additionally, the job announcement will be posted to the College’s webpage and communicated to the College at large.
  1. The hiring manager and the Office of Human Resources may elect to simultaneously seek qualified applicants from the current state employee population, the general public, and the RBC community. If this option is chosen, the job announcement will be listed in the state’s Recruitment Management System (RMS) as “Open to the General Public” and will be listed for a minimum of five (5) workdays. However, the typical time period selected for classified vacancies of this type is ten (10) working days. Additionally, if this option is selected, the hiring department may opt to increase recruitment efforts by advertising in local newspapers, diversity recruit publications, and internet sources (no charge to the College), etc., as determined by the hiring manager and the Director of Human Resources. Lastly, other specialized recruitment efforts can also be coordinated.
  1. Upon publishing the advertisement to RMS, Human Resources will provide to hiring managers for committee use:
  • RMS User Credentials to view on-line applications;
  • Screening criteria log; and
  • RBC Search Committee Screening/Interview Checklist
  1. In accordance with DHRM Policy 1.30, Layoff, the Office of Human Resources will review each applicant pool for determination of eligible candidates with preferential employment rights. If the applicant pool consists of one or more state employees holding a “yellow card” or a “blue card,” the committee is notified in writing and should confer with the Director of Human Resources for further handling of the recruitment effort.
  1. The committee composition and approvals must be completed utilizing the same requirements in section A.4. above.

Committee tasks

  1. Prior to scheduled interviews, the committee chair shall submit interview questions to the Director of Human Resources for review and approval.
  1. Committees shall conduct a full screening of all of the applications received using the minimum required qualifications and veteran status. Applicants who meet all of the minimum qualifications will be interviewed. However, if the number of minimally-qualified applicants is too large to be accommodated by the interview process, then preferred criteria may be used. If there are at least five (5) minimally-qualified applicants who meet the preferred criteria, then the applicants with the highest scores will be interviewed. If there are less than five (5) applicants who meet the preferred criteria, then these applicants will be offered an interview.
  1. The completed Criteria and Screening sheet will be provided to Human Resources prior to scheduled interviews.

The interview process

  1. Upon approval of the completed Criteria and Screening sheet by Human Resources, the hiring manager or designee will immediately determine the interview schedule, contact the applicants for interview, and review the following documents, which will be provided by Human Resources:
  • Interview Evaluation Worksheet
  • ADA General Information
  • EEO Statement for Search and Screening Committees
  • Employee Work Profile (EWP)
  • Job announcement
  • RBC Interview/Applicant Summary
  • Telephone Reference Check Form
  • Human Resources-approved interview questions
  1. The committee chair will ensure that the selected applicants are promptly contacted via telephone and scheduled for an interview. The College is not required to offer an alternative interview date/time if an applicant is unable to select from the initial interview dates/times offered. The committee chair/designee shall make three (3) attempts to contact the applicant for an interview; one of these attempts should be made outside of normal work hours. If the committee chair/designee is unable to schedule the interview, he/she must ensure that these attempts are properly documented (using dates and times attempted).
  1. The interview committee will conduct the structured interviews for the invited candidates using the Human Resources approved questions. The committee chair shall structure the actual interviews in the same manner for each candidate. The interviewer(s) may ask additional questions in response to any statements or questions from the candidate or to clarify information indicated on the application submitted. Additionally, the committee should:
  • conduct each interview within the same amount of time;
  • introduce the members of the screening/interview committee;
  • give a brief overview of the College and the vacant position;
  • use the same list of Human Resources-approved questions to interview each applicant;
  • give each candidate the opportunity to ask questions of the committee; and
  • have each candidate sign their application.
  1. Each interviewer or committee member will briefly summarize the candidate’s interview responses on the Interview Evaluation Worksheet and rate each response. Additionally, each interviewer will indicate the overall interview rating and recommendation for each candidate. Interviewers shall make all comments and notations regarding the candidate’s interview process directly on the forms provided, which shall be submitted to Human Resources with the completed applicant recruitment package.
  1. Based on the outcome of the submitted application (and resume), and personal interview, the committee chair (with input from the committee members) completes the Interview/Applicant Summary. Based on this assessment, the committee documents the recommendation for the top candidate(s) for further consideration and/or approval of the President.
  1. The committee chair, using the Reference Check Form, conducts reference checks for the top candidate or for all of the candidates recommended. It is preferred that at least two former supervisory checks be made for each candidate. If two supervisory references are unattainable, at least one (1) former supervisory reference and one (1) character reference should be obtained. Upon completion of the reference-check process, the committee chair will forward the recommended candidate(s) name and application(s) to the President’s office with a memorandum summarizing at a minimum the following:
  • the list of committee members
  • number of applicants interviewed
  • strengths and weaknesses of each candidate interviewed
  1. After reviewing the memorandum, the President will contact the Director of Human Resources to give approval or disapproval of the selected candidate. If approved, the Director of Human Resources will immediately confer with the hiring manager to initiate the starting pay or promotion request utilizing the Pay Action Worksheet and initiate a background check.
  1. Upon completion of the starting pay or promotion request, the hiring manager shall extend the job offer to the selected candidate and determine the new employee’s starting date utilizing the pay period begin dates of the 10th or the 25th of the month.
  1. The hiring manager shall send the confirmation of acceptance of the job offer, starting salary, and first day of employment to the Director of Human Resources via e-mail. Human Resources will then initiate the onboarding of the new employee.  As a part of the onboarding process, all new employees are made aware of policies and procedures related to student rights and student responsibilities.

D. Administrative, professional, and teaching faculty vacant positions

  1. In accordance with RBC policies and procedures, when a vacancy occurs, the Office of Human Resources will review the status of former College employees who may be eligible for re-hire due to layoff or current employees who may be eligible for reinstatement due to certain types of leaves of absence. The Office of Human Resources will advise the hiring manager of this review in order to determine the next appropriate course of action.
  1. Upon approval to fill a new or vacant faculty rank position via a completed RBC Recruitment Request Form, the Office of Human Resources and the hiring manager will discuss recruitment options, including targeted recruitment efforts. Based on these discussions, the Office of Human Resources will develop the job announcement and the newspaper advertisement from the current position description or teaching faculty requirements. (Note: Position descriptions are not required for teaching faculty positions.) If the position description is not current, or has changed significantly, the hiring manager will be responsible for revising the position description and providing it to the Office of Human Resources for classification review and determination of proper position title. The hiring manager will approve the final written advertisement.
  2. Positions may be filled without posting in the following instances:
  • Transfers and demotions in lieu of termination or layoff,
  • RBC or other Virginia institutions of higher education lateral transfers,
  • When the same type of position (with the same duties) becomes vacant within ninety (90) days of the closing date of the recruited position.
  • Uniquely Qualified Professional: Appoint a professional who would enhance the organization because of a unique set of professional skills that are rarely duplicated, or that meet particular special needs of the College.
  • Urgent/Emergency Appointment: Temporary appointment (less than 90 days) of a qualified individual due to a critical timing issue, such as the illness, injury, or sudden death of a faculty or staff member, an inopportune resignation that created a vacancy— i.e. beginning of semester—, or similar unanticipated needs.
  1. Job announcements for full-time administrative, professional, and teaching faculty positions will be advertised at a minimum in the Commonwealth’s Recruitment Management System (RMS) and on the College’s website for a minimum of thirty (30) days. Longer recruitment periods may be utilized for specialized or difficult-to-fill positions.
  1. The Office of Human Resources may provide distribution of College job announcements for faculty-ranked positions to other national and local professional organizations, other Virginia colleges and universities, local civic and social organizations, area high schools and middle schools, local city and county governments, internet sources (no charge to the college), etc., as determined by the hiring manager and the Director of Human Resources. Other specialized recruitment efforts will also be coordinated at this time.
  1. Exceptions may be granted to the normal search process for the following positions, hiring opportunities, and circumstances with the President’s approval: distinguished faculty, a uniquely qualified professional, reorganization, temporary positions, diversity, urgent/emergency appointment, classified position changed to faculty, and funding change. It is anticipated that this policy will be used less than five (5) percent of the time, since it recognizes that in rare circumstances there are organizational needs that outweigh the inherent fairness of normal, open, and competitive searches. Each request will be rigorously scrutinized to ensure that a compelling organizational need for an exception is evident.
  1. Upon publishing the advertisement to RMS, Human Resources shall provide to hiring managers for committee use:
  • RMS User Credentials to view on-line applications;
  • Screening criteria log; and
  • RBC Search Committee Screening/Interview Checklist

Prior to the initial application review date/closing date

  1. A committee and committee chair will be named. The committee serves as an advisory group to the hiring manager who is not an official member of the committee. The names of the selected committee members will be communicated in writing via the Request to Recruit form.  HR will review the search committee list before posting the position to ensure the committee composition consists of at least one male, one female, and one minority. Other criteria for the committee composition are as follows:
  • The committee must consist of a minimum of four (4) persons.
  • Two individuals must have expertise in, or be knowledgeable regarding, the job-specific field.
  • One individual must be from another discipline/department.
  • Each person on the committee must hold professional or faculty rank (exception may be allowed for special expertise in the field or for constituency group representation).
  • Committee members must complete appropriate training in the Knowledge Center every 12 months.
  1. The names of the selected committee members will be communicated in writing to the Provost, who will approve the committee members before interviews are conducted and ensure required training has been completed.

Committee tasks

  1. Prior to scheduled interviews, the committee chair will submit interview questions to the Director of Human Resources for review and approval.
  1. Candidates for teaching faculty vacancies are required to perform a teaching/ presentation demonstration during the interview process. For administrative and professional faculty vacancies, the demonstration of ability (i.e., work sample, writing sample, presentation, forum, portfolios of work, situational analyses, role-playing, or other practical skills assessments) is optional. However, demonstrations of this type are encouraged as long as all demonstrations are fair, equitable, non-discriminatory, and are requested of all candidates. If a demonstration of ability is added, a description of the demonstration and an evaluation/rating form must be provided to Human Resources.
  1. Within five (5) workdays after the vacant position’s initial application review date, the college’s recruitment coordinator will provide the following to the committee chair:
  • Interview Evaluation Worksheet
  • ADA General Information
  • EEO Statement for Search and Screening Committees
  • Position Description (not required for teaching faculty positions)
  • Job announcement
  • RBC Interview/Applicant Summary
  • Telephone Reference Check Form
  • Human Resources-approved interview questions
  • Teaching/Presentation Evaluation Rating Form
  1. The committee chair and each member of the screening/interview committee will independently screen each applicant folder using the minimum qualifications and veteran status with the grid provided. The committee chair and each committee member will rate each applicant folder individually. Upon completion of this task, the committee members will meet to discuss the screening ratings given and jointly provide an overall rating for each candidate. All candidates who meet the minimum qualifications will be interviewed. The hiring manager and the committee chair may request to re-advertise the position if there are less than five (5) minimally-qualified applicants available to be interviewed. However, in some cases, fewer than five (5) qualified applicants may be considered adequate; in these instances, the hiring manager will contact the Director of Human Resources for further direction.
  1. If the number of applicants who meet the minimum qualifications established for the position is too large to be accommodated by the interview process, the screening/interview committee will conduct a second applicant folder screening using the preferred qualifications listed. A minimum of five (5) applicants meeting the requirements for the preferred qualifications will be selected for interview, if the second screening process is utilized. If a minimum of five (5) applicants cannot be obtained from the preferred qualifications, the screening/interview committee will interview those applicants meeting the highest number of minimum qualifications.

The interview process

  1. The committee chair will ensure that the selected applicants are promptly contacted via telephone and scheduled for an interview. Additionally, the committee chair will ensure that a follow-up letter/email to interview candidate is sent to each applicant that agrees to participate in the interview process. This letter confirms all of the logistics of the interview and also confirms the description of the teaching/presentation demonstration. Committees are not required to offer an alternative interview date/time if an applicant is unable to select from the initial interview date/times offered. Committees are required to make three (3) attempts to contact the applicant for an interview; one of these attempts must be made outside of normal work hours. If the committee is unable to schedule the interview, the chair must ensure that these attempts are properly documented (using dates and times attempted).
  1. Telephone interviews are not permitted for faculty-rank positions; however, video-conference interviews may be conducted.
  1. Upon request from the candidate, the President may approve reimbursable expenses for out-of-state travel for interviews for positions at the associate provost’s level or above. Reimbursable expenses are limited to $1,000 per candidate. Reimbursable amounts above per the recruitment guideline must be approved by the President. Additionally, individual reimbursable expenses are governed by the Commonwealth’s travel guidelines.
  1. The screening/interview committee will conduct the structured interviews for the invited candidates using the Human Resources-approved items as listed in Section D, Item 12, above. The committee chair should structure the actual interviews in the same manner for each candidate. The interviewer(s) may ask additional questions in response to any statements or questions from the candidate or to clarify information indicated on the application submitted. Additionally, the committee should:
  • conduct each interview within the same amount of time;
  • introduce the members of the screening/interview committee;
  • give a brief overview of the College and the vacant position;
  • use the same list of Human Resources-approved questions to interview each applicant;
  • provide each applicant with the same opportunity to conduct their teaching/presentation demonstration (if applicable);
  • give each candidate the opportunity to ask questions of the committee; and
  • have each candidate sign their application.
  1. Each interviewer or committee member will briefly summarize the candidate’s interview responses on the Interview Evaluation Worksheet and rate each response. Each committee member will also evaluate the applicant’s teaching/presentation demonstration (if applicable) and record the rating for this exercise on the form(s) provided. Additionally, each interviewer will indicate the overall interview rating and recommendation for each candidate. Interviewers shall make all comments and notations regarding the candidate’s interview process directly on the forms provided, which shall be submitted to Human Resources with the completed applicant recruitment package.
  1. Based on the outcome of the submitted application documentation (state application, resume or curriculum vitae, letters of reference, and transcripts), personal interview, and applicant teaching/presentation demonstration (if applicable), the committee chair (with input from the committee members) shall complete the Interview/Applicant Summary. Based on this assessment, the committee documents the recommendation for the top candidate(s) for further consideration and/or approval of the President.
  1. The committee chair, using the Reference Check Form, shall conduct reference checks for the top candidate or for all of the candidates recommended. It is preferred that at least two former supervisory checks be made for each candidate. If two supervisory references are unattainable, at least one (1) former supervisory reference and one (1) character reference should be obtained. Upon completion of the reference-check process, the committee chair will forward the recommended candidate(s) name and application(s) to the President with a memorandum summarizing at a minimum the following:
  • the list of committee members
  • number of applicants interviewed
  • strengths and weaknesses of each candidate interviewed
  1. The President will contact the Director of Human Resources to give approval or disapproval of the selected candidate. If approved, the Director of Human Resources immediately shall confer with the hiring manager to initiate the starting pay or promotion request and shall initiate a background check.
  1. Upon completion of the starting pay or promotion request, the hiring manager extends the job offer to the selected candidate and determines the new employee’s starting date utilizing either the normal contract begin dates or, if outside of the contract cycle, the pay period begin dates of the 10th or the 25th of the month.
  1. The hiring manager sends the confirmation of acceptance of the job offer, starting salary, and first day of employment to the Director of Human Resources via e-mail. Human Resources will then initiate the onboarding of the new employee.

E. Human Resources briefing

Upon receipt of a candidate’s acceptance of an offer, the Office of Human Resources will schedule the new full-time employee to attend the next Human Resources briefing session. The session will provide the new employee with payroll and benefits processing information and related forms, and provide information regarding employment policies. As a part of the onboarding process, all new employees are made aware of policies and procedures related to student rights and student responsibilities.


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Clearance and Separation Procedures

Responsibility for Maintenance: Director of Human Resources

(Approved by President Sydow, February 26, 2018)

I. Reason for Policy

To ensure that all full-time, part-time, and hourly employees terminating their employment with the Richard Bland College of William & Mary have satisfied any obligations to the College and have the information and assistance necessary to facilitate smooth transitions.

II. Policy Statement

It is the policy of the College that an employee who terminates his or her employment with the College will return all property, pay all fees and fines, and complete all assignments due the College prior to departure. The employee and his or her direct supervisor will verify that all obligations have been met by completing a Separation Checklist.

III. Procedures

A. Notice of Separation: Upon learning of an employee’s separation, the employee’s direct supervisor will submit the online RBC Clearance Form. This form notifies Information and Technology Services as well as the Office of Human Resources of the separation.

B. Separation Checklist: Upon receiving notice of the separation, HR will provide the supervisor and the employee with a Separation Checklist. The employee is responsible for obtaining the appropriate departmental signatures and submitting the completed form to the Office of Human Resources prior to his or her departure. Failure to comply with this policy could result in a hold being placed on an employee’s last paycheck until full compliance is achieved or until the costs of any missing items are determined and subtracted from the last paycheck.

IV. Related Policy & Documents

V. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

Internal Investigations Policy

Responsibility: Director of Human Resources

(Approved by President Sydow, February 26, 2018)

I. Policy Statement

Richard Bland College is committed to ensuring all complaints and potential violations of RBC policy and standards of conduct are reviewed in a fair, impartial, thorough, and thoughtful manner. It is the policy of the College to provide an environment where employees can file complaints without fear of intimidation or retaliation. While investigations should not be the first option, they are sometimes necessary and appropriate. However, they are not a tool for managing workplace conflict, nor should they be used to address minor matters that could be resolved using non-disciplinary options.

II. Reason for Policy

The purpose of this policy is to provide a framework for the processes to be followed when complaints are filed or information pertaining to potential misconduct is received by the RBC Office of Human Resources.

III. Applicability of the Policy

This policy applies to all Richard Bland College employees, including wage, adjunct, faculty, classified staff, and Administrative & Professional employees.

IV. Policy

The Office of Human Resources will promptly review all alleged violations of policy and/or standards of conduct. The Director of Human Resources will have primary responsibility for investigating complaints relating to employee misconduct. In certain situations, other departments may assume responsibility for the investigation.

These situations include:

  • Alleged criminal violations of the law. These will be investigated by the RBC Department of Campus Safety and Police.
  • Alleged violations of Title IX. These will be investigated by the RBC Title IX Coordinator.

In some cases, College Counsel may be consulted. In such cases, the Director of Human Resources will follow Counsel’s instructions relating to communications and evidence to ensure that “attorney-client” and “attorney work product” privileges are preserved.

A. Preliminary Assessments

When a formal complaint is filed with the Office of Human Resources or information about a potential policy violation is received, the Director of Human Resources will conduct a Preliminary Assessment. The Preliminary Assessment will determine what the workplace issue is about, whether it has substance, and whether it justifies the commencement of a full investigation. A Preliminary Assessment is not an investigation; it is a means of determining how to proceed. The assessment will be conducted by the Director of Human Resources and may be as simple as considering the workplace issue and appropriate options for resolution, or it may extend to obtaining additional documents or records, talking to the complainant to clarify the issue(s), or perhaps talking to witnesses to obtain further information.

The following factors will be considered during the Preliminary Assessment:

  • Whether there is sufficient information to determine how to handle the workplace issue(s) raised.
  • Whether alternative remedial action (e.g. an apology or mediation) is a satisfactory means of resolution.
  • How much time has elapsed since the workplace issue(s) occurred.
  • Whether criminal conduct has occurred.
  • Whether a Title IX violation has occurred.
  • If the workplace issue is serious, but the facts are known, whether the matter can be managed rather than investigated.
  • Whether other risks are identified (e.g. health and safety of employees and students, detriment to members of the RBC community, reputation of RBC, security of documents, etc).
  • What the complainant’s expectations are regarding actions and outcomes for themselves and other persons involved.
  • Whether the allegations are trivial, frivolous, or vexatious.

B. When an Investigation Is Not Warranted

In cases where the Preliminary Assessment determines an investigation is not warranted, the Director of Human Resources may attempt to resolve the matter by utilizing options such as counseling, training and education, performance management, or mediation.

RBC Human Resources will not launch an investigation in cases where:

  • The workplace issue is minor and does not appear to amount to misconduct.
  • There is no evidence of a violation of RBC policy and/or standards of conduct.
  • The accussed fully admits to the misconduct and agrees there is no need to investigate.

C. When an Investigation Is Warranted

In cases where the Preliminary Assessment determines an investigation is warranted, the Director of Human Resources will commence investigative activities.

The following list, while not all-inclusive, provides examples of the types of situations the Director of Human Resources will investigate:

  • Alleged conduct or intentional behavior that potentially violates RBC policy and/or standards of conduct.
  • Alleged conduct or intentional behavior that affects the safety or well-being of fellow employees, students, visitors, operations, or other RBC-related activities. Such conduct includes, but is not limited to, threatening communication, physical injury, or potential physical harm to another, aggressive or hostile action, intentional damage to RBC property, or possession of any weapon, regardless of government licensing.
  • Alleged verbal or physical conduct that potentially denigrates or shows hostile feelings toward another RBC employee or student.
  • Creating an intimidating, hostile, or offensive work environment.
  • Unreasonably interfering with an employee’s work performance.
  • Claims relating to unfair labor practices.

D. Investigative Timeline

The Office of Human Resources will make all reasonable efforts to review complaints and communicate findings in a timely fashion. Human Resources will acknowledge the receipt of a complaint within two (2) business days. The investigative process will conclude within 14 business days of a filed complaint or receipt of information pertaining to potential violations of policy. In cases where the investigative process must exceed 14 business days, the Director of Human Resources will notify the complainant in writing.

 

Step Action by the Director of Human Resources
1. Complete a Preliminary Assessment.
2. If an investigation is not warranted, complete a Final Report and submit to Complainant.
3. If an investigation is warranted, commence investigative activities (obtain verbal and written statements from witnesses including the complainant and accused, review evidence, etc.)
4. Preserve all evidence and secure the evidence in a locked location. Document all evidence obtained. Determine if there is a potential for risk occurrence. If there is a potential, take all measures appropriate to protect employees, students, visitors, property, etc.
5. Upon conclusion of the investigation, complete a Final Report and submit to Complainant.

E. Final Report

Based on the Preliminary Assessment and/or Investigation, the Director of Human Resources will determine whether the allegation(s) was founded, unfounded, or inconclusive. This determination will be documented in writing as part of the Final Report.

The determinations are as follows:

  • Violation Found. Where a violation of RBC policies, standards of conduct, or law is found to have occurred, the accused will be notified of the finding and of the specific or corrective actions to be taken. The accused employee’s supervisor also will be notified. No details about the nature or extent of disciplinary or corrective actions will be disclosed to the complainant(s) or witness(es) unless there is a compelling reason to do so (e.g., personal safety).
  • No Violation Found. In this situation, the complainant and, as appropriate, the accused will be notified that the Director of Human Resources investigated the allegation(s) and found that the evidence did not support the claim.
  • Inconclusive investigation. In some cases, the evidence may not conclusively indicate whether the allegation(s) was founded or unfounded. If such a situation occurs, notification will be sent by the Director of Human Resources to the complainant and, as appropriate, to the accused stating that RBC completed a thorough investigation but has been unable to establish the truth or falsity of the allegation(s). The Director of Human Resources will take appropriate steps to ensure that the persons involved understand the requirements of RBC’s policies and applicable law, and that the Office of Human Resources will monitor the situation to ensure compliance in the future.

F. Confidentiality

In most cases, privacy considerations will limit the ability of the Director of Human Resources to share confidential information with the complainant about personnel actions taken against the accused. However, in cases where legal action is required, or personal safety is a concern, disclosure of information may occur.

G. Retaliation

Richard Bland College prohibits retaliation, including verbal, written, or electronic threats against any individual who reports or provides any information concerning unlawful discrimination, harassment, or other violations of RBC policies, rules, or standards of conduct. Any employee found to be engaging in retaliation will be subject to disciplinary action up to and including termination.

H. Risk Assessment

The Director of Human Resources will make a reasonable effort to ensure that the complainant or person(s) providing information during an investigation is not exposed to threats of violence, intimidation, or personal risk. If any such situations are identified or have occurred, RBC will proceed with the appropriate response, as advised by College Counsel and Campus Police. Any RBC employee found to have engaged in threatening behavior will be subject to disciplinary action up to and including termination, in accordance with state and RBC policies.

I. Retention of investigative Records

Unless advised otherwise by College Counsel, RBC will retain records relative to an RBC-initiated investigation for the greater of a period of five years or the minimum retention period required by law.

J. Release of investigative Records

RBC will not release any investigative files, including interviews and findings, unless authorized by College Counsel or pursuant to a court-authorized request (i.e., subpoena, court order).

K. Appeals

Once written notification of the outcome of the investigation and sanctions has been provided, the Complainant and the Accused have seven (7) business days from the date notice is hand-delivered to the party or received into the party’s email account to file an appeal. All appeals will be reviewed and decided by at least one RBC senior administrator.

An appeal is available only based on one or both of the following: (1) A procedural or substantive error in the process resulted in fundamental unfairness; and/or (2) New evidence unavailable during the original investigation that could substantially impact the original finding.

The sufficiency of the evidence and the severity of the sanction are not available as grounds for an appeal.

A request for an appeal must be submitted in writing to the Director of Human Resources and must set forth the grounds upon which the appeal is based. The Director of Human Resources shall confirm that the appeal is timely and shall forward it within three (3) business days of receipt to the Provost or designee who shall assign the appeal to an appropriate RBC senior administrator within three (3) business days of receipt. The Director of Human Resources will notify both parties in writing of the date the appeal was assigned for review.

If adequate grounds for appeal have been stated, the senior administrator will consider the merits of the appeal. In considering the merits of the appeal, he/she may review any pertinent materials in the record and meet with the parties and witnesses as needed. Any information included in the appeal that does not support one of the above two reasons for filing an appeal shall not be considered in the appeal process.

Disciplinary actions, sanctions, and/or remedial and preventative measures, if any, taken as a result of the original complaint may be implemented and enforced even while an appeal is pending. Upon the request of the appealing party, the RBC senior administrator may temporarily suspend the imposition of the sanction(s) while the appeal is pending.

The decision of the RBC senior administrator shall be final. It shall be provided in writing to the party who filed the appeal and to the Director of Human Resources within ten (10) business days from the RBC senior administrative receiving the appeal.

If an extension beyond ten (10) business days is necessary, all parties will be notified in writing of the expected time frame. The non-appealing party shall be notified separately but concurrently of the decision. If an appeal is not filed within the appeal period, the findings of the investigation become final and are not subject to further review.

Exceptions to Appeal Process: This appeal process is not available in addition to, or in lieu of, the processes already provided for Instructional Faculty and Classified Employees who are found responsible for a violation of this policy.

V. Related Documents

  • Grievance Procedure for Administrative and Professional Employees
  • Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy

VI. Contacts
Human Resources
Director of Human Resources
(804)862-6100, ext. 6208
rbchr@rbc.edu

Policy Manual

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