1010 Rights and Responsibilities to Preserve Citizenship

Policy Number: 1010
Policy Name: Rights and Responsibilities to Preserve Citizenship
Responsibility for Maintenance: Director of Human Resources

1. Policy Statement 
   Richard Bland College is committed to fostering a culture that demonstrates the principles of civility, diversity, inclusion, and equity. 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.
2. 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.
3. Applicability of the Policy
   All RBC employees and students shall abide by this policy. (Note: DHRM Policy 2.35 “Civility in the Workplace” is applicable only to RBC employees.)
4. Related Documents
   Richard Bland College Student Handbook
   DHRM Policy 2.35, Civility in the Workplace
5. Contacts

6. Civility in the Workplace – DHRM Policy 2.35
   • This DHRM policy is applicable only to employees of RBC.
   • RBC employees wishing to file a complaint based upon DHRM Policy 2.35 may do so by emailing the Director of Human Resources.

Policy History
Approved November 20, 2015
Updated January 11, 2017
Revised August 1, 2019

1020 General Personnel Information

Policy Number: 1020
Policy Name: General Personnel Information
Responsibility for Maintenance: Director of Human Resources 

1. Policy Statement
   1. 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.
   2. 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.
   3. 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.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/.
      2. 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.
      3. 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.
   4. 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.
2. Reason for Policy
   This policy provides information regarding employee benefits.
3. 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.
4. Related Website
   http://www.varetire.org/members/index.asp
   http://www.dhrm.virginia.gov/
5. Contacts

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

Policy History
Approved November 20, 2015
Updated January 11, 2017

1030 Administrative & Professional Leave Policy

Policy Number: 1030
Policy Name: Administrative & Professional Leave Policy
Responsibility for Maintenance: Director of Human Resources

1. Reason for Policy
   The purpose of this policy is to describe leave benefits for Administrative & Professional (AP) employees (“Administrators”).
2. 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.
3. 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.
4. Leave Programs
   1. 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 https://www.wm.edu/offices/hr/documents/forms/ltd_enrollment_waiver_form.pdfand, 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.
   2. 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:

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{5b2ffe48c25fcf1af74449cb013cf6cb1d7085e045a358d699fdbf39f60480b9} of his or her pre‐disability salary. If the disability is due to a catastrophic condition, the income protection will be increased to 80{5b2ffe48c25fcf1af74449cb013cf6cb1d7085e045a358d699fdbf39f60480b9}. 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.

5. Additional Leave TypesThe leave types specified below are available to AP employees regardless of which sick leave plan they have chosen.
   1. Parental Leave: Administrators with at least one year of service at RBC are eligible for paid Parental Leave benefits for childbearing and child-rearing. Parental Leave must be taken within 6 months of the birth, adoption, or placement of a child, and is taken, at a minimum, in one-week increments. (Workload and scheduling must be reviewed and approved in advance.) To the extent it qualifies, leave granted under this category runs concurrently with coverage under the federal Family and Medical Leave Act.There are three types of Parental Leave:
      1. Maternity leave is a medically approved absence due to childbearing and is covered under the college’s short-term disability benefit. It is typically six to eight weeks long, as directed by the medical provider. At the conclusion of the short-term disability “maternity leave” coverage period (when the employee is medically cleared and no longer under medical care), parental leave provides additional paid time off for eligible individuals in order to bond with their child(ren.) The short-term disability period and maternity leave period may combine for up to a total of 12 weeks of paid leave.For example, if an employee with two years of RBC service is on short-term disability for six weeks of maternity leave (to recover from childbirth), she may also be awarded up to six weeks of paid parental leave to bond with her child at the conclusion of her short-term disability period. The maximum amount of paid parental leave in the case of maternity is 12 weeks.
      2. Paid time off of up to six weeks is provided for the second parent for caregiving and bonding.
      3. Paid time off of up to six weeks is provided for either or both parent(s) for adoption, surrogacy, or foster care.Parental leave at 100{5b2ffe48c25fcf1af74449cb013cf6cb1d7085e045a358d699fdbf39f60480b9} pay for up to six weeks may be granted. Leave runs concurrently with FMLA, if applicable. Any additional time (covered by FMLA) must be covered using the individual’s paid time off or leave without pay. If both parents are RBC employees, the maximum amount of paid leave that will be granted is 12 weeks.Parents may decide to take leave immediately after the child’s birth or at a later date. If, for example, it is beneficial for the parent to take leave when the child is three months old because it will allow for childcare at a time when the employee would otherwise not have it, the employee may take the leave at this time. Parental leave must be used within 12 months of the birth, adoption, or placement of a child.To use this benefit, the employee must complete the following steps.
         • Notify manager, Department Head, and Human Resources about the intention to take Parental Leave. (This applies to parents of biological, surrogate, adopted, or foster children.)
         • Complete the RBC Parental Leave Request Form.
           • (An employee who gives birth and is medically cleared and no longer under medical care and short-term disability, should complete a Parental Leave Request Form to request Parental Leave for paid leave to cover the remainder of the possible 12-week period. She may submit this form at the same time she requests short-term disability in order to express her intent to use Parental Leave.)
         • Complete FMLA Medical Forms and return to Human Resources
         • Manager approves leave. The employee is notified of approval and the expected return to work date.
   2. 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.
   3. 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

6. 4. 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.
   5. 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.
   6. 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.

   7. Military Leave: In accordance with 44-93 of the Virginia Code, 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.
   8. 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).
7. 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.
8. Related Policy & Documents
   • Parental Leave Request Form
   • http://www.varetire.org/members/disability/vsdp/
   • DHRM Policy 4.57 – http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol457vsdp.pdf
   • Virginia Code 44-93
9. Contacts 

Policy History
Approved February 26, 2018
Revised August 1, 2019
Updated July 1, 2020

1040 Equal Employment Opportunity

Policy Number: 1040
Policy Name: Equal Employment Opportunity
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. Reason for Policy
   Richard Bland College complies with all federal and state equal employment opportunity laws.
3. Applicability of the Policy
   This policy applies to all College employees and applicants.
4. Related Documents
   DHRM Policy 2.05. http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol2_05eeo.pdf?sfvrsn=2
   Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy
5. Contacts 

6. 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 a charge or charges of discrimination with the United States 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.Policy History
   Approved November 20, 2015
   Updated January 11, 2017
   Updated July 1, 2020

1050 Drug and Alcohol Policy - Employees

Policy Number: 1050
Policy Name: Drug and Alcohol Policy – Employees
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. Reason for Policy
   Richard Bland College endeavors to maintain a workplace free from the adverse effects of alcohol and illegal substances.
3. Applicability of the Policy
   This policy applies to all employees and visitors to the College campus.
4. Related Laws and Policies
   Virginia Code § 4.1-305.
   DHRM Policy 1.05 Alcohol and Other Drugs
   http://web1.dhrm.virginia.gov/itech/hrpolicy/pol1_05.html
   The Student Handbook, Appendix 1, Drug and Alcohol Policy
5. Contacts 

6. 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.
7. 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.

Policy History
Approved November 20, 2015
Updated January 11, 2017

1060 Americans with Disabilities Act (ADA) Policy

Policy Number: 1060
Policy Name: Americans with Disabilities Act (ADA) Policy
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. 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.
3. Applicability of the Policy
   All College employees, students, and applicants.
4. 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
5. Contacts

6. 6. 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
      1. Employees seeking accommodations or modifications must contact the ADA coordinator for an appointment at rbchr@rbc.edu.
      2. 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.
      3. 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.
      4. 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.
      5. Only the ADA Coordinator may grant or deny an employee accommodation. Questions regarding accommodation implementation should be directed to the ADA Coordinator.
      6. 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.
      7. Requests for accommodation shall, whenever possible, be kept confidential in accordance with applicable College and Commonwealth policies.
         
         
   7. 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.

Policy History
Approved November 20, 2015
Updated January 11, 2017
Updated July 1, 2020

1070 Employee Reasonable Accommodation Policy & Procedure

Responsibility for Maintenance: Director of Human Resources
(Approved by President Sydow July 1, 2018)

1. Policy Statement
   Richard Bland College (RBC) is committed to providing individuals with disabilities equal opportunities in all phases of employment. RBC will, in good faith, provide reasonable accommodations for its qualified applicants and employees as required by the Americans with Disabilities Act of 1990, as amended (the “ADA”) and the Rehabilitation Act of 1973, as amended, and their implementing regulations, and consistent with College, Commonwealth, and federal anti-discrimination policies. Retaliation against an individual with a disability for requesting an accommodation is prohibited.
2. Applicability of Policy
   This policy and procedure apply to all qualified employees of Richard Bland College and applicants with a disability.
3. Definitions
   These definitions summarize terms defined by regulations implementing the ADA and the Rehabilitation Act.Accommodation: A modification, change or adjustment to an individual’s job, work conditions or work environment, or to the job application process for an applicant. An accommodation can be a change to the way job functions are typically performed, made in order to allow a qualified individual with a disability to perform the job.Applicant: An individual pursuing employment with the college by submitting appropriate application materials for a specific, vacant position.Disability: A physical or mental impairment that substantially limits one or more of an individual’s 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. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The College’s determination of whether an impairment substantially limits a major life activity will be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment, appliances, or prosthetics, except for ordinary contact lenses and eyeglasses.Employee: Any College employee including instructional faculty, administrative and professional employees, classified staff, adjuncts, and wage employees.Qualified: An employee or applicant is qualified if he or she is able to complete the essential functions of his or her job with or without reasonable accommodation. An applicant must also satisfy the minimum qualifications for the job for which he or she is applying in order to be considered qualified.
4. Reasonable Accommodations
   1. Employees and applicants must identify themselves in writing as having a disability and request reasonable accommodation, as described in Section V below. The College has no duty to seek out and determine the need for an accommodation absent a specific request in writing from an employee or applicant.< /li>
   2. Employees and applicants must be qualified (as defined in Section III) in order to be eligible to receive accommodations.
   3. The College is not required to eliminate an essential job function as an accommodation for a disability. “Essential job function” is a fundamental function of the position. The ADA provides that “consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.”
   4. The College is not required to lower performance standards – whether qualitative or quantitative. The College may, however, have to provide reasonable accommodation to enable an employee with a disability to meet a performance standard.
   5. Cost or other impact of a requested accommodation may be measured against the accommodation’s efficacy in determining whether it is reasonable.
   6. No change or modification is required if it would cause undue hardship to the College. Undue hardship refers not only to financial difficulty, but to accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the College’s work.
   7. The College will attempt to provide the reasonable accommodation requested, but may choose among reasonable accommodations as long as the chosen accommodation is effective. Through an interactive process, the College may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability.
   8. The College has no duty to provide personal items needed to accomplish daily activities both during and outside of working time. This includes items such as eyeglasses, hearing aids, and prosthetic limbs.
5. Procedure to Request a Reasonable Accommodation
   Employees and applicants are responsible for requesting reasonable accommodation, and providing adequate documentation of their disability and the need for accommodation, as needed.
   1. Applicants
      Modifications to Application Process or Requirements: Applicants may request accommodations in the hiring process or application itself – such as a modification in the manner in which an application is filed. Applicants are responsible for making specific requests so that the College can provide reasonable accommodations; the College will not ask applicants whether they have a disability or need an accommodation (unless the applicant indicates that he or she needs an accommodation). Applicants must make these requests in advance; the College will not make retroactive accommodations. Applicant requests for reasonable accommodation in the hiring process may be made to the hiring manager or the Office of Human Resources; any supervisor or other personnel receiving the request for accommodation must contact the Office of Human Resources for guidance.Discussing Disability and Accommodations during the Hiring Process: The College will not ask applicants whether they have a disability or ask any questions regarding a disability disclosed by the applicant, but may ask applicants whether they are able to perform the essential functions of the job being applied for – with or without accommodation. If an applicant indicates that he or she can perform the essential functions with accommodation, the College may inquire about the accommodation needed. Accommodation requests will be referred to the Office of Human Resources.
   2. Current Employees
      Employees requesting accommodation should be referred to the Office Human Resources to complete a Reasonable Accommodation Request form. The employee must indicate the specific way in which his or her disability limits his or her ability to perform the essential functions of his or her job. This shows the College why an accommodation is needed. The employee must also offer or request a reasonable accommodation. The Office may request additional information, including medical (1) documentation of the individual’s functional limitations verifying the disability, which can include a second and even third opinion, and (2) prognosis of a particular, demonstrated, or known symptom of the employee’s disability occurring, when relevant to the duties of the job.The Director of Human Resources will consult with the employee and the supervisor or department head as needed to determine the essential functions of the job, identify possible accommodations, and assess the possible accommodation’s reasonableness and efficacy in assisting the employee. The Director of Human Resources will make an accommodation determination and provide an accommodation approval letter, if appropriate. An employee disagreeing with a determination may appeal it; see Section VII below.

   After receiving the accommodation approval, an employee should contact the Office of Human Resources if:

   1. A supervisor or other College employee is not implementing or recognizing an approved accommodation, or if they have other problems implementing the accommodation; or
   2. The approved accommodation, whether because of changes in the employee’s disability, work conditions, or otherwise, proves to be or becomes ineffective.
6. Confidentiality
   Inquiries about and information regarding requests for accommodation shall, whenever possible, be kept confidential in accordance with applicable state and federal laws and regulations and College and Commonwealth policies. Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
7. Appeals/Grievance Procedures
   An employee may seek review of a disability decision under this procedure by contacting the Deputy ADA Coordinator. The Deputy Coordinator will review the accommodation determination and make any other investigation needed, including consideration of any records or information provided by the employee. The Deputy Coordinator may require the employee to provide additional information or documentation as necessary. The Deputy Coordinator will report his or her findings to the Provost. The Provost will provide a letter of determination to the employee and any other necessary parties. The Provost’s determination may agree with the original determination or may direct some change to be made. The review and determination will be made within 30 days of the review being sought, unless the deadline is extended for good cause.The Provost’s determination is final; there is no further appeal provided under this procedure. Employees also may have a grievance right under separate state or College policy, however. AP employees, classified staff, and wage employees may contact the state Department of Human Resources for further information. Instructional Faculty should look to the Grievance Resolution steps outlined in the Faculty Handbook.The College encourages employees to use these procedures before pursuing remedies outside the College, but employees have the right to file a complaint directly with the Equal Employment Opportunity Commission.
8. Interpretation and Compliance; ADA/Rehabilitation Act Coordinator
   Questions about this procedure or rights and responsibilities concerning discriminatory behavior, including the application of the ADA and the Rehabilitation Act, may be brought to the Director of Human Resources. The Director of Human Resources serves as the College’s ADA/Rehabilitation Act Coordinator and has the primary responsibility for coordinating the College’s efforts to comply with the ADA and the Rehabilitation Act. These responsibilities include monitoring compliance with related policies and procedures.
9. Related Documents
   • Americans with Disabilities Act of 1990
   • RBC Americans with Disabilities Act Policy
   • Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy
   • Reasonable Accommodation Request Form
   • Statement of Rights and Responsibilities
   • Code of Ethics
10. Contacts

Policy History
Approved November 20, 2015
Updated January 11, 2017
Updated July 1, 2020

1080 Family and Medical Leave Act (FMLA)

Policy Number: 1080
Policy Name:  Family and Medical Leave Act (FMLA)
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. Reason for Policy
   The College is committed to complying with the federal Family and Medical Leave Act (FMLA).
3. Applicability of the Policy
   All eligible positions covered under the Virginia Personnel Act, including full-time and part-time classified, restricted, and wage employees.
4. Related Documents
   Virginia Personnel Act, Virginia Code §§ 2.2-900-2905
   https://law.lis.virginia.gov/vacode/title2.2/chapter29/
   DHRM Policy 4.20:
   http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol4_20fmla.pdf?sfvrsn=4
5. Contacts 

6. 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.

Policy History
Approved November 20, 2015
Updated January 11, 2017
Updated July 1, 2020

1090 Policy Prohibiting Discrimination, Harassment and Retaliation

Policy Number: 1090
Policy Name: Policy Prohibiting Discrimination, Harassment and Retaliation
Responsibility for Maintenance: Director of Human Resources

A. Policy Statement
Richard Bland College (RBC or 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.

Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connection among everyone on campus. 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. This policy also addresses complaints or reports of retaliation against those who have opposed practices prohibited by this policy, those who have filed complaints or reports under this policy, and those who have testified or otherwise participated in enforcement of this policy.

RBC does not discriminate in admission, employment, or any other activity on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, veteran status, political affiliation, or any other status protected by law.

RBC, an Equal Opportunity Employer, is fully committed to access and opportunity for all persons.

B. Reason for Policy

Our community of trust requires that its members treat one another with respect, dignity, and fairness. This policy is designed to ensure a safe environment for the members of the Richard Bland College community.

This policy prohibits discrimination and harassment on the basis of age, color, race, disability, marital status, national and ethnic origin, religion, sexual orientation, gender identity or expression, veteran status, family medical or genetic information, as well as other forms of sex discrimination not covered by the Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence.

Additionally this policy is based on federal and state law and policy, including Executive Order 11246, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title IX of the Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, as amended, the Virginia Human Rights Act, and the Genetic Information Nondiscrimination Act of 2008, as well as state policy, including the Governor’s Executive Order One, the Commonwealth’s Department of Human Resource Management (DHRM) Policy 1.60 – Standards of Conduct, DHRM Policy 2.05 – Equal Employment Opportunity, and DHRM Policy 2.30 – Workplace Harassment.  Additionally, this policy helps RBC comply with federal and state laws which prohibits discrimination on the basis of sex (including sexual violence) in education programs or activities. It also helps RBC comply with the Violence Against Women Reauthorization Act of 2013 (VAWA), which amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act), the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Higher Education Opportunity ACT (HEOA) relating to military and veterans issues.

C. Definitions

1. Complaint: Allegation(s) of discrimination, harassment and/or retaliation, filed in good faith and in accordance with this policy.
2. Discrimination: Inequitable treatment of a person based on one or more of that person’s protected characteristics or statuses, excepting any treatment permitted or required by law. — that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in an educational program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
3. Protected Characteristics/Statuses: Age, color, disability, gender identity or expression, marital status, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, veteran status, and family medical or genetic information.
4. Harassment: Unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in University programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
5. Supervisor: Any person who has authority to undertake or recommend tangible employment decisions affecting an employee or academic decisions affecting a student; or to direct an employee’s work activities or a student’s academic activities. Examples include faculty members to whom work-study students report and team lead workers who, from time to time, monitor other employees’ performance or direct their work.
6. Retaliation – Retaliation is intimidation, threats, harassment, and other adverse action taken or threatened against (1) any Reporting Party or person reporting or filing a complaint alleging Prohibited Conduct or (2) any person cooperating in the investigation of an allegation of Prohibited Conduct including testifying, assisting, or participating in any manner in an investigation pursuant to this policy.  Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.  Retaliation may result in disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of Prohibited Conduct.
7. Sexual Harassment – Sexual Harassment is a form of discrimination based on sex. It is defined as unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature including but not limited to: verbal (e.g., specific demands for sexual favors, sexual innuendoes, sexually suggestive comments, jokes of a sexual nature, sexual propositions, or sexual threats); nonverbal (e.g., sexually suggestive emails, other writings, articles or documents, objects or pictures, graphic commentaries, suggestive or insulting sounds or gestures, leering, whistling, or obscene gestures); physical (e.g. touching, pinching, brushing the body, any unwelcome or coerced sexual activity including sexual assault).  Sexual harassment, including sexual assault, can involve persons of the same or different sexes.  Sexual harassment also may include sex-based harassment directed towards stereotypical notions of what is female/feminine versus male/masculine or a failure to conform to those gender stereotypes.
8. Hostile environment: A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent, or pervasive and objectively offensive that it interferes with, limits, or denies the ability of an individual to participate in or benefit from educational programs, services, opportunities, or activities or the individual’s employment access, benefits, or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct is severe, persistent, or pervasive, and thus creates a hostile environment.
9. Sexual misconduct: Prohibited conduct includes sexual violence, sexual assault, non-consensual sexual contact, sexual exploitation, dating violence, domestic violence, and stalking.

D. 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 is applicable to any conduct that occurs off campus that has continuing effects that create a hostile environment on campus. This policy also is applicable regarding the College’s various technological resources.

E. Related Documents

Policy 1040, Equal Employment Opportunity, https://www.rbc.edu/policy-manual-2019/human-resources-policies/

Policy 1060 Americans With Disabilities Act Policy

Policy 1070 Employee Reasonable Accommodation Policy and Procedure

Policy 1091 Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence

Student Handbook

Student Code of Conduct

Department of Human Resource Management (DHRM), Policy 2.05, Employment Opportunity, https://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol2_05eeo.pdf?sfvrsn=2

Department of Human Resource Management (DHRM), Policy 2.35, Civility in the Workplace, https://www.dhrm.virginia.gov/docs/default-source/default-document-library/pol2-35civilityintheworkplacerev7-1-20.pdf?sfvrsn=d604334d_0

F. General Provisions

This policy supersedes portions of the College’s former Discrimination, Harassment, Sexual Misconduct and Retaliation Policy (which is now retitled Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence),  any and all previously adopted policies or procedures for the handling of discrimination, harassment, some forms of sexual misconduct, not covered the College’s Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence.

All allegations of discrimination, harassment, retaliation, or failures to comply with any of the laws indicated above or other applicable federal or state laws, regulations, or policies relating thereto are governed by this policy.

Allegations of discrimination, harassment, retaliation, either on-campus or off-campus violations of this policy that involve a student should be reported to the Office of Student Success. Allegation of discrimination, harassment, retaliation, either on-campus or off-campus violations of this policy that involve a student should be reported to the Office of Human Resources.  Any allegation of sexual misconduct will should be reported to the Title IX Coordinator’s office so that an assessment can be determined of whether the allegations fall within the purview of the College’s Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence.  Allegations of harassment occurrences through the use of campus or personal technology depending on subject matter, should be reported as described above.

For allegations of sexual misconduct or harassment, the College, through its representatives, may utilize supportive measures, sanctions, and community resource referrals as detailed in the College’s Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence.

Any form of discrimination, harassment, or retaliation mentioned in this policy is Prohibited Conduct and is strictly forbidden and subject to investigation and sanctions.  Students who violate this policy may receive sanctions up to and including permanent removal from the residence halls and expulsion from Richard Bland College. Employees who violate this policy may receive sanctions up to and including employment termination.

I. Contacts

Policy History
Approved August 21, 2020

1091 Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence

Policy Number: 1091

Policy Name: Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence
Responsible Office: Human Resources Office

Effective Date: August 21, 2020

Last Updated: July 1, 2024

1. Policy Statement

Richard Bland College (RBC or 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. Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connection among everyone on campus.  RBC does not discriminate on the basis of sex in education programs and activities, as required by Title IX.

Our community of trust requires that its members treat one another with respect, dignity, and fairness. This policy is designed to ensure a safe environment for the members of the Richard Bland College community. In pursuit of this goal, this policy prohibits specific forms of behavior that violate Title IX of the Education Amendments of 1972 (“Title IX”); Title VII of the Civil Rights Act of 1964 (“Title VII”); and/or the Virginia Human Rights Act. Such behavior also requires the University to fulfill certain obligations under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”).

This policy also addresses complaints or reports of retaliation against those who have opposed practices prohibited by this policy, those who have filed complaints or reports under

1. Reason for Policy

This policy helps RBC comply with federal and state laws, including the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex (including sexual violence) in education programs or activities. It also helps RBC comply with the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin and with the Violence Against Women Reauthorization Act of 2013 (VAWA), which amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act) and requires institutions to prohibit dating violence, domestic violence, sexual assault, and stalking. RBC also is committed to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Higher Education Opportunity ACT (HEOA) relating to military and veterans’ issues.

1. 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 within the United States. This policy is applicable to any conduct that occurs off campus that has continuing effects that create a hostile environment on campus. This policy also is applicable regarding the College’s various technological resources.

This Policy is effective August 14, 2020. This policy supersedes any and all previously adopted policies or procedures for Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence, except those that fall within the purview of the College’s Policy on Discrimination, Harassment and Retaliation.  Allegations of either on-campus or off-campus violations of this policy should be reported to the Title IX Coordinator’s office as stated herein. Allegations of sexual and gender-based harassment occurrences through the use of campus or personal technology also should be reported to the Title IX Coordinator’s office.

Should an allegation of conduct not constitute “sexual harassment,” does not occur within an “educational program or activity,” or does not occur in the United States, the College must dismiss the complaint for purposes of Title IX. However, the College is permitted to address such allegations through its code of conduct or other disciplinary code or policy.

1. Definitions
2. Discrimination:Inequitable and unlawful treatment based on an individual’s protected characteristics or statuses—race, sex, color, national origin, religion, age, veteran status, sexual orientation, gender identity, pregnancy, genetic information, disability, or any other status protected by law—that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment, or participation in an educational program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
3. Harassment: A form of discrimination in which unwelcome verbal, written, or physical conduct is directed toward an individual on the basis of his or her protected characteristics or statuses, by any member of the campus community. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.
4. Prohibited Conduct: Any form of discrimination, harassment, sexual misconduct, or retaliation mentioned in this policy is Prohibited Conduct and is strictly forbidden and subject to investigation and sanctions. Students who violate this policy may receive sanctions up to and including permanent removal from the residence halls and expulsion from Richard Bland College. Employees who violate this policy may receive sanctions up to and including employment termination.
5. Complainant: The individual, who is the alleged to the victim or survivor of conduct that could constitute sexual harassment.
6. Respondent: The individual, who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
7. Sexual Harassment: Under Title IX, there are three types of conduct which constitute sexual harassment. The types are:
8. Quid pro quo harassment (by an employee);

1. Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; and
2. Sexual assault, dating violence, domestic violence, or stalking.
   For these types of conduct to constitute Title IX sexual harassment, they must occur within an institution’s education program or activity against a person in the United States.

7. Education program or activity: Any academic, extracurricular, research, occupational training, or other education program or activity operated by the College. Educational program or activity also includes locations, events, or circumstances over which the College exercised substantial control as to both the respondent and the context in which the sexual harassment occurred.
8. Supportive Measures: Individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.
9. Formal Complaint: Any document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment.
10. Quid Pro Quo: This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment, or participation in a Richard Bland College activity are conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a Richard Bland College program or activity.
11. Hostile environment: A hostile environment may be created by unwelcomed oral, written, graphic, or physical conduct that is sufficiently severe, pervasive, and objectively offensive that effectively denies a person to participate in or benefit from educational programs, services, activities and opportunities or the individual’s employment access, benefits, or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct creates a hostile environment, the following factors will be considered:
12. The degree to which the conduct affected one or more individuals’ education or employment
13. The nature, scope, frequency, duration, and location of the incident(s)
14. The identity, number, and relationships of persons involved
15. The perspective of a “reasonable person” in the same situation as the person subjected to the conduct

12. Sexual misconduct: includes sexual assault, sexual exploitation, dating violence, domestic violence, and stalking.
13. Sexual assault is intentionally engaging or attempting to engage in nonconsensual bodily contact of a sexual nature. It includes sexual contact or sexual intercourse, or penetration achieved by the use of physical force, threats, intimidating behavior, or coercion or when an individual is incapacitated or otherwise incapable of providing consent. Sexual Assault is:
14. Non-Consensual Sexual Contactis any intentional or attempted touching of a sexual nature. Non-consensual sexual contact includes, but is not limited to: any intentional or attempted touching of a person’s genitalia, groin, breast, or buttocks, or the clothing covering any of these areas without consent; any intentional or attempted touching of another with any of these body parts without consent; making another person touch you or themselves with or on any of these body parts without consent; or any intentional or attempted bodily contact of a sexual nature, though not involving contact with/of/by a person’s genitalia, groin, breast, or buttocks without consent.
    ii. Non-Consensual Sexual Intercourse or Penetration is any penetration (anal, oral, or vagina) or attempted penetration (anal, oral, or vaginal), however slight, with any object (finger, tongue, penis, inanimate object, etc.) without consent or forcing someone to penetrate himself or herself with any object, however slight, without consent.
15. Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not meet the definition of sexual assault. Sexual exploitation includes prostituting another person, non-consensual visual or audio recording of sexual activity, non-consensual distribution of photos or other images of an individual’s sexual activity or intimate body parts, non-consensual voyeurism, knowingly transmitting HIV or an STD to another, or exposing one’s genitals to another in non-consensual circumstances.
16. Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. A social relationship of a romantic or intimate nature means a relationship which is characterized by the expectation of affection or sexual involvement between the parties. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence can be a single event or a pattern of behavior that includes, but is not limited to, sexual or physical abuse. Dating violence does not include acts covered under the definition of domestic violence.
17. Domestic violence is a felony or misdemeanor crime of violence committed
18. by a current or former spouse or intimate partner of the victim;
    ii. by a person with whom the victim shares a child in common;
    iii. by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
    iv. by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
    v. by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

Domestic violence can be a single event or a pattern of behavior that includes, but is not limited to, sexual or physical abuse.

1. Stalking: is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
2. fear for his or her safety or the safety of others; or
   ii. suffer substantial emotional distress, meaning significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
   A “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about, a person, or interferes with a person’s property.
3. Sexual Violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent including the criminal acts of rape, sexual assault, sexual battery, sexual abuse, and sexual coercion as found under Virginia Law (Virginia Code Article 7 of Chapter 4 of Title 18.2).
4. Consent is given by voluntary words or actions that communicate a willingness to engage in a specific sexual activity. The existence of consent will be inferred from all of the facts and circumstances. Consent may be withdrawn at any time. Silence, in and of itself, is not consent. Lack of protest or resistance is not consent.  Consent to one form of sexual activity does not imply consent to other forms of sexual activity. A previous or current relationship does not imply consent to sexual activity. Past consent does not imply future consent. Consent cannot be obtained by the use of force, which includes physical violence, threats, intimidating behavior, and/or coercion.
5. Physical Violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include, but are not limited to, hitting, punching, slapping, kicking, restraining, choking, strangling, and brandishing or using any object as a weapon.
   B. Threats are words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include, but are not limited to, threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.
   C. Intimidation is an implied threat that menaces or causes reasonable fear in another person. A person’s size, alone, does not constitute intimidation; however, a person can use their size or physical power in a manner that constitutes intimidation (e.g., by blocking access to an exit.)
   D. Coercion is the use of an unreasonable amount of pressure to gain sexual access.  Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual activity.  When a person makes clear that they do not want to participate in a particular form of sexual contact or sexual intercourse, that they want to stop, or that they do not want to go beyond a certain sexual activity, continued pressure can be coercive.  In evaluating whether coercion was used, the frequency of the application of pressure, the intensity of the pressure, the degree of isolation of the person being pressured, and the duration of the pressure are all relevant factors.

Consent can never be obtained from someone who is incapacitated, either voluntarily or involuntarily, or through the acts of others.  Consent cannot be given by the following individuals:

1. Individuals who are asleep or unconscious;

1. Individuals who are incapacitated due to the influence of drugs, alcohol, medication, or other substances;
2. Individuals who are unable to consent due to a mental or physical condition; and
3. Individuals who are minors.

If an individual knows or reasonably should know someone is incapable of giving consent, it is a violation of this policy to engage in sexual activity with that person.

15. Incapacitation: An incapacitated person is incapable of giving consent. Incapacitation means that a person lacks the ability to make informed, reasonable judgments about whether or not to engage in sexual activity. An incapacitated person lacks the ability to understand the who, what, when, where, why, and/or how of the sexual interaction. A person is not necessarily incapacitated merely as a result of consuming alcohol, drugs, medications, and/or other substances. The impact of alcohol, drugs, medications, or other substances varies from person to person.
16. Alcohol, Medications, and Other Drugs: The use of alcohol, medications, and other drugs by the Responding Party is not an excuse for being unable to assess if the Reporting Party gave consent.
17. Complicity: is any act taken with the purpose of aiding, facilitating, promoting, or encouraging the commission of a violation of this policy by another person. Complicity is prohibited by this policy.
18. Retaliation: is intimidation, threats, harassment, and other adverse action taken or threatened against (1) any Reporting Party or person reporting or filing a complaint alleging Prohibited Conduct or (2) any person cooperating in the investigation of an allegation of Prohibited Conduct including testifying, assisting, or participating in any manner in an investigation pursuant to this policy. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.  Retaliation may result in disciplinary or other action independent of the sanctions or Supportive Measures imposed in response to the underlying allegations of Prohibited Conduct.
19. Role of the Title IX Coordinator

The Title IX Coordinator (Coordinator) oversees the assessment of allegations of sexual and gender-based discrimination and interpersonal violence as well as the investigation and resolutions of all reports and complaints made by all students, employees, and visitors to the campus of the alleged Prohibited Conduct in accordance with this policy. The Coordinator may delegate certain investigative responsibilities while maintaining oversight of the investigation.

The Coordinator does not serve as an advocate for either the Reporting Party or the Responding Party.

The Coordinator is charged with

1. Coordinating RBC’s compliance with federal civil rights laws.

1. Explaining to all identified parties the procedures for the investigation including required.
2. Providing all identified parties with information about obtaining medical and counseling services.
3. Providing information regarding making a criminal report.
4. Providing information related to receiving advocacy services off-campus, and guidance on other RBC and community resources.
5. Offering to coordinate with other RBC leadership, when appropriate, to implement Supportive Measures.
6. Explaining to all involved parties the process of a prompt, adequate, reliable, and impartial investigation, including the opportunity for both Reporting Party and the Responding Party to identify witnesses and provide other evidence.
7. Explaining to all identified parties the right to have a personal advisor present and to review and respond to the allegations and evidence.
8. Explaining to the parties and witnesses that retaliation for reporting alleged Prohibited Conduct, or participating in an investigation of an alleged violation, is strictly prohibited and that any retaliation should be reported immediately and will be promptly addressed.
9. Conducting annual training to students and RBC employees.

Allegations of Prohibited Conduct against the Coordinator should be made to the RBC Provost or President.

1. Expectations

Under this policy, all parties can expect:

1. Written notice of an investigation, including the potential policy violation and nature of the allegation;
2. An academic record hold and academic transcript notation for alleged violations of this policy during the investigation when the Responding Party is a student. An academic transcript notation will remain if the sanction at the conclusion of the investigation is suspension or dismissal;
3. The opportunity to offer information, present evidence, and/or identify witnesses relevant to the allegation;
4. Reasonable notice of any meeting where the party’s presence is requested;
5. The opportunity to have an advisor of choice for matters involving Sexual Misconduct, including the right to have that advisor attend any meetings where the party’s presence is requested;
6. Timely and equal access to any information that will be used during the investigation and related meetings;
7. A reasonable length of time to prepare any response;
8. Notice of an investigation, including the potential policy violation and nature of the allegation;
9. An academic record hold and academic transcript notation for alleged violations of this policy during the investigation when the Responding Party is a student. An academic transcript notation will remain if the sanction at the conclusion of the investigation is suspension or dismissal;
10. The opportunity to offer information, present evidence, and/or identify witnesses relevant to the allegation;
11. Reasonable notice of any meeting where the party’s presence is requested;
12. The opportunity to have an advisor of choice for matters involving Sexual Misconduct, including the right to have that advisor attend any meetings where the party’s presence is requested;
13. Timely and equal access to any information that will be used during the investigation and related meetings;
14. A reasonable length of time to prepare any response;
15. No tolerance for false information as stated in Section P; and
16. Protection against retaliation, harassment, or intimidation.

Under this Policy, the complainant’s prior sexual behavior will be considered irrelevant, and any similar evidence will be inadmissible unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove to consent.

1. Privacy and Confidentiality

RBC is committed to protecting the privacy of any individual involved in the investigation and resolution of a report or complaint under this policy. With respect to any report or complaint under this policy, RBC will make reasonable efforts to protect the privacy of participants while balancing the need to gather information to assess the matter, take steps to eliminate the reported conduct, prevent its recurrence, and address its effects.

Privacy and confidentiality have distinct meanings under this policy.

Privacy: Privacy means that information related to a report or complaint will be shared with a limited circle of RBC employees identified as needing to know in order to assist the assessment, investigation, and resolution of the matter.  While not subject to a legal obligation of confidentiality, these individuals will respect the privacy of all individuals involved in the process and will not share information except as necessary to effectuate this policy or as required by law.

The privacy of student education records will be protected in accordance with RBC’s policy for compliance with the Family Educational Rights and Privacy Act (FERPA). The privacy of an individual’s medical and related records generally is protected by various federal and state laws depending upon the situation. Access to an employee’s personnel records in Virginia may be restricted in accordance with the Virginia Freedom of Information Act, and, where applicable, Department of Human Resources Management (DHRM) Policy 6.05.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including licensed health-care professionals and employees providing administrative support for such licensed health-care professionals, mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Virginia law.  These individuals cannot violate their obligation of confidentiality unless (i) given written consent to do so by the person who disclosed the information; (ii) there is a concern of serious physical harm to self or others; (iii) the conduct involves suspected abuse or neglect of a minor under the age of 18; or (iv) as otherwise required or permitted by law or court order.

Confidential Resources: The RBC’s Office of Counseling Services and the community resources listed in Section H are Confidential Resources.  Confidential Resources will not disclose information about a report of a possible violation of this policy to RBC (including the Coordinator’s Office or Campus Police) without the Reporting Party’s permission (subject to the exceptions listed above under Confidentiality).

Clery Act Reporting: Pursuant to the Clery Act, RBC includes statistics about certain offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally identifying information about the individuals involved in the incident. The Clery Act also requires RBC to issue timely warnings to the RBC community about certain crimes that have been reported and may continue to pose a serious or continuing threat to the campus. Consistent with the Clery Act, RBC will ensure, to every extent possible, that personally identifying information of Reporting Parties is not included in timely warnings.

1. Confidential Resources and Procedures for Anyone Who Has Experienced Sexual Misconduct   

In a supportive manner, RBC will assist anyone who has been a victim of Sexual Misconduct by implementing the procedures set out herein.  Due to the potential seriousness and sensitivity of the investigations involved, it is important to undertake these investigations properly.  Preserving the evidence is often a key step of successful investigation of alleged Sexual Misconduct.

1. Recommended steps: For anyone who has experienced Sexual Misconduct, the following steps are recommended.

1. Go to a safe place
   b. Off-Campus Confidential Resources (Medical Assistance): For your safety and confidential care, report promptly to one or more of the following Confidential Resources:

Southside Regional Medical Center

• 200 Medical Park Blvd. Petersburg, VA 23805
• (804) 756-5000
• Physical evidence may be usable if proper procedures are followed for evidence collection within 72 hours of the assault.

http://www.srmconline.com/SouthsideRegional-MedicalCenter/home.aspx

1. Confidential Resources (Support and Counseling):  For professional and confidential counseling support, the following on-campus and off-campus Confidential Resources can be contacted.
2. On-Campus Confidential Resource:

• RBC Office of Counseling Services
  (804) 862-6263

Ernst A127

https://www.rbc.edu/academics/student-support-team/counseling-services/

1. Off-Campus Confidential Resources:

District 19 Services Board

• (804) 862-8000
• Toll-Free: (866) 365-2130

http://www.d19csb.com/

The James House: Intervention and Prevention

• (804) 458-2704
• 24-Hour Hotline: (804) 458-2840

https://thejameshouse.org/contact/

Virginia Family Violence and Prevention Hotline

• 24-Hour Toll-Free number:

(800) 838-8238

https://vanetwork.org/contact/ 

Employee Assistance Program (EAP)

• Counseling provided by all health plans offered to Commonwealth of Virginia employees and their dependents
• COVA CARE and HDHP:

1-855-223-9277

• COVA HealthAware:

1-855-414-1901

https://www.dhrm.virginia.gov/employeebenefits/employee-assistance

1. Contact a trusted friend or family member.
2. Preservation of Evidence: It is your right to have evidence collected and retained anonymously by law enforcement while you consider whether to pursue criminal charges. Pending a decision to report, it is strongly encouraged that you take immediate steps to preserve all evidence that might support a future report.  Evidence preservation is enhanced in the following ways:
3. Do not wash your hands, bathe, or douche. Do not urinate, if possible.
   ii. Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if oral contact took place.
   iii. Keep the clothing worn when the assault took place. If you change clothing, place the worn clothing in a paper bag (evidence deteriorates in plastic).
   iv. Do not destroy any physical evidence that may be found in the vicinity of the assault.  The victim should not clean or straighten the location of the crime until law enforcement officials have had an opportunity to collect evidence.
   v. Tell someone all the details you remember and/or write them down as soon as possible.
   vi. Maintain text messages, voice mails, pictures, online postings, video, and other documentary or electronic evidence that may corroborate a report.

The Reporting Party shall have the right to file a report with law enforcement and the option to be assisted by the Coordinator’s Office and other College authorities in notifying the proper law enforcement authorities of the alleged Sexual Misconduct.

RBC officials (excluding Campus Police) receiving complaints or reports of possible Sexual Misconduct will follow the procedures listed in this policy.  Campus Police will follow departmental procedures in accordance with standard law enforcement policies.

2. Resources for Anyone who has experienced Sexual Misconduct   
3. Anyone who reports Sexual Misconduct to the Coordinator’s Office, the Office of Counseling Services, or Campus Police shall receive information outlining resources on and off campus and options.
4. Anyone who reports Sexual Misconduct to the Coordinator’s Office, the Office of Counseling Services, or Campus Police shall receive information outlining resources on and off campus and options.
5. Reporting to the Police

In an emergency, contact 911 or contact the Campus Police on campus at (804) 862-6111. Someone may also walk into the Department of Campus Safety and Police and speak directly to a RBC police officer.

The Coordinator will make all Reporting Parties aware of the right also to file a report with the Campus Police or local law enforcement. RBC will comply with all requests by the Campus Police or local law enforcement for cooperation in investigations. Such cooperation may require the Coordinator to temporarily suspend the fact-finding aspect of an investigation detailed in the procedures below while the Campus Police or other law enforcement agency gathers evidence. If the investigation is suspended, any Supportive Measures remain in place and available. The Coordinator’s Office will promptly resume its investigation as soon as notified by the Campus Police or other law enforcement agency that it has completed the evidence gathering process.  Otherwise, the investigation will not be altered or precluded on the grounds that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

Some conduct in violation of this policy may also be a crime under Virginia law.  Individuals are encouraged to report incidents of Sexual Misconduct to law enforcement, even if the reporting individual is not certain if the conduct constitutes a crime. Crimes dealing with minors must be reported to law enforcement.

A Protective Order may be available and enforced through the appropriate law enforcement agency.  Protective Orders are legal documents issued by a judge or magistrate to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force, or threat that results in bodily injury or places that person in fear of death, sexual assault, or bodily injury.

4. Reporting to RBC
5. The Coordinator and Deputy Title IX Coordinator are trained to help individuals find the resources they might need, explain all reporting options, and respond appropriately to conduct of concern, including retaliation.
6. There is no time limit for filing a complaint or report under this policy. However, Reporting Parties should report as soon as possible to maximize RBC’s ability to respond.  Failure to report promptly may result in the loss of evidence and/or jurisdiction over the Responding Party if he/she is no longer affiliated with RBC and therefore limit the investigation.
7. Any complaints or reports of Prohibited Conduct can be made to the Coordinator or Deputy Title IX Coordinator.

Title IX Coordinator: The RBC Title IX Coordinator is responsible for overseeing all Title IX complaints and other allegations of discrimination, harassment, or retaliation, and for identifying and addressing any problems that arise during the review of such complaints.

Title IX Contact Information: 

Bryan Shelly, Ph.D.

Chief Institutional Effectiveness Officer/Title IX Coordinator
11301 Johnson Road, South Prince George, VA 23805
McNeer Hall 126
(804) 862-6100 x6464 (Office)
titleix@rbc.edu or bshelly@rbc.edu

 Lisa Johnson
Financial Aid Director/Deputy Title IX Coordinator
11301 Johnson Road, South Prince George, VA 23805
Pecan Hall Room 117
Phone: (804) 862-6100 x4035
ljohnson@rbc.edu

5.Responsible Employee (Mandatory Employee Reporting of Sexual Misconduct):

All RBC employees, including full-time, part-time, volunteers, and student employees, are

Responsible Employees for purposes of reporting Sexual Misconduct as defined in Section D.  Student employees are Responsible Employees when they receive information while acting in their capacity as an RBC employee.

Once in receipt of information regarding Sexual Misconduct, the Responsible Employee must directly report any information regarding the alleged incident to the Coordinator’s Office without delay and should otherwise respect the privacy of the individuals involved.  No RBC employee shall undertake any independent efforts to determine whether or not the report or complaint has merit or can be substantiated before reporting it to the Coordinator.

The report from the Responsible Employee should include all relevant details about the name of the alleged perpetrator (if known), the name of the person who experienced the alleged conduct, the name of others involved in the incident, and the date, time and location of the incident.  The Responsible Employee may directly contact the Coordinator’s Office.

Before someone reveals this type of information to the Responsible Employee, the   Responsible Employee should make every effort to ensure that the person understands the Responsible Employee’s obligation and that the person has the option to request confidentiality and share the information with a Confidential Resource either on campus or off campus as listed in Section H.

When a Responsible Employee fails to make a required report to the Coordinator’s

Office, RBC is unable to acquire the information necessary to stop, remedy, and prevent Sexual Misconduct.  As a result, the employee may face disciplinary consequences up to and including termination of employment.

6.Reports of Other Discrimination/Harassment Not Sexual Misconduct:

RBC administrators, supervisors, faculty, coaches, and assistant coaches should report other non-Title IX conduct in violation of College policy without undue delay after the incident.  Any such report may be made orally or in writing, including electronic mail to the Coordinator.

Reporting to External Agencies  

Inquiries or complaints concerning discrimination/harassment on the basis of race, color, national origin, sex including sexual misconduct, age disability, or retaliation may be directed to the United States Department of Education’s Office for Civil Rights (OCR) at the number, email and cite listed in the charts below.  

Inquiries or complaints concerning discrimination and harassment of employees may also be directed to the following:

I. Timely Warning

RBC is required by federal law, the Clery Act, to issue timely warnings for reported incidents that pose a substantial threat or danger to members of the campus community.  RBC will ensure, to every extent possible, that identifying information is not disclosed, while still providing enough information for members of the campus community to make decisions to address their own safety in light of the potential danger.

J. Initial Assessment

Upon the receipt of a complaint or report, the Coordinator will make an initial assessment of the reported information and respond to any immediate health or safety concerns.  The Coordinator will take steps to determine whether the matter falls within the purview of Title IX. Once the Coordinator has determined whether that the matter involves an alleged violation of this policy, jurisdiction over the matter will be conferred to the Coordinator’s Office.

If the Coordinator determines that the Coordinator’s Office does not have jurisdiction, the Coordinator shall forward the report to the appropriate office and notify the parties about other appropriate resources.

Following the initial assessment and a determination that the allegations fall within the jurisdiction of the Title IX Coordinator, the College’s Sexual and Gender-based Harassment and Interpersonal Violence Procedures Guideline will be followed by the Title IX Coordinator. These procedures will be followed to bring those prohibited acts that fall within this policy to resolution.

K. Academic Record Hold and Transcript Notation 

The College, pursuant to Virginia Code § 23.1-900, is required by law to notate the academic transcript of each student who has been suspended for, has been permanently dismissed for, or withdraws from the institution while under investigation for an offense involving sexual violence.

In those matters in which a student withdraws during the pendency of an investigation, the student’s transcript will be placed on administrative hold until the conclusion of the Title IX investigative, hearing and appeal process.

I. Request for Confidentiality and Anonymous Reporting 

Any requests for confidentiality concerning matters of possible Sexual Violence will be handled as stated in Section G.  All other requests for confidentiality will be handled as described below.

1. Request for Confidentiality or No Formal Action Be Taken: 

1. If the Reporting Party requests confidentiality or that the report not be pursued, RBC may be limited in the actions it is able to take and its ability to respond while respecting the request. The Reporting Party will be asked to sign a statement indicating a desire for confidentiality or that an investigation not be pursued, and the Coordinator will take all reasonable steps to respond to the report consistent with the request.  The Coordinator will consider the reasons for the request, including concerns about continued safety of the Reporting Party and the members of the RBC community, but the ability to maintain or respect the request is expressly limited by the threat assessment required in Section M for reports of Sexual Violence.  The Coordinator may initiate consultation with appropriate RBC leadership concerning the request for confidentiality or no formal action be taken.  The Coordinator shall make the ultimate decision on whether to conduct an informal or a formal investigation or to respond in another manner, including use of Supportive Measures as stated in Section N.  If it is determined that an investigation must proceed, the Coordinator will inform the Reporting Party prior to notifying the Responding Party about the investigation, but in no event will the Reporting Party be required to participate in the investigation.

Confidential Resources:  The RBC Office of Counseling Services and the community resources listed in Section H are Confidential Resources.  Confidential Resources are not permitted to disclose information about a report of a possible violation of this policy to

RBC (including the Coordinator’s Office or Campus Police) without the Reporting Party’s permission (subject to the exceptions listed above under Confidentiality in Section H).

Reports or Complaints Involving Minors:  If the Reporting Party is (or was at the time of the incident) a minor (under 18), the Campus Police shall be notified.

2.Anonymous Report: The Coordinator’s Office may be limited in its ability to investigate an anonymous report unless sufficient information is furnished to enable the Coordinator’s Office to conduct a meaningful and fair investigation.

M. Threat for Sexual Violence

In addition to the steps taken during the initial assessment as stated in Section J, RBC shall submit every allegation of Sexual Violence that is alleged to have occurred (i) against any RBC student; or (ii) on campus, in or on a RBC building or property, or on public property that is within the campus or immediately adjacent to and accessible from campus to the Review Committee pursuant to Virginia Code §23.1-806.

1. Review Committee The Review Committee operates pursuant to Virginia Code §23.1-806 and has access, under Virginia law, to certain otherwise confidential information, including law enforcement records and criminal history information, as provided in Virginia Code §§19.2-389 and 19.2-389.1; health records, as provided in Virginia Code §32.1-127.1:03; College disciplinary, academic, and/or personnel records; and prior reports of misconduct maintained by the Title IX Coordinator.  The Review Committee shall have access to all available facts and circumstances, including personally identifiable information, and may seek additional information about the reported incident through any other legally permissible means.  The Review Committee shall consist of employees who have received appropriate training regarding this policy.
2. Risk Factors: The Review Committee shall consider the following factors to determine whether there is an increased risk of the Responding Party committing additional acts of Sexual Misconduct or other violence, including, but not limited to:

a. Whether the Responding Party has prior arrests, reports, and/or complaints related to any form of conduct in violation of this policy or any history of violent behavior;
b. Whether the Responding Party has a history of failing to comply with any RBCNo-Contact Order, other RBC protective measures, and/or any legal Protective Order;
c. Whether the Responding Party has threatened to commit violence or any form of Sexual Misconduct;
d. Whether the alleged conduct involved multiple Responding Parties;
e. Whether the alleged conduct involved physical violence;
f. Whether the allegation reveals a pattern of conduct in violation of this policy (i.e., by the Responding Party, by a particular group or organization, around a particular recurring event or activity, or at a particular location);
g. Whether the alleged conduct was facilitated through the possible use of “date rape” or similar drugs or intoxicants;
h. Whether the alleged conduct occurred while the Reporting Party was unconscious, physically helpless, or unaware that the conduct in question was occurring;
i. Whether the Reporting Party is (or was at the time of the alleged incident) under the age of 18; and/or
j. Whether any other aggravating circumstances or signs or predatory behavior are present.

3. Review Committee Procedures and Determinations: Upon the Coordinator’s receipt of information of an alleged act of Sexual Violence, the Review Committee shall meet, either in person or via telephone, within seventy-two (72) hours to review the information and shall meet again as necessary as new information becomes available.

If the Review Committee determines that there is a significant and articulable threat to the health or safety of the Reporting Party or to any other member of the campus community and that disclosure of personally identifiable information is necessary in order to protect the health or safety of the Reporting Party or other members of the campus, the representative from Campus Police on the Review Committee shall immediately disclose such information to the law enforcement agency that would be responsible for  investigating the alleged act of Sexual Violence.  This determination will be based on the Risk Factors listed above in Section M.2.  If the Review Committee cannot reach a consensus, the representative of the Campus Police on the Review Committee shall make the determination.  This disclosure shall be for the purposes of investigation and other actions by law enforcement.  The Coordinator shall immediately notify the Reporting Party if such a disclosure is made.  The provisions of this paragraph shall not apply if the law enforcement agency responsible for investigating the alleged incident is located outside of the United States.

In cases in which the alleged act of Sexual Violence would constitute a felony violation under Virginia law (Article 7 of Chapter 4 of Title 18.2), the representative of the Campus Police on the Review Committee shall inform the other members and shall within twenty-four (24) hours consult with the appropriate Commonwealth Attorney and provide to him or her the information received by the Review Committee without disclosing personally identifiable information, unless such information was disclosed to a law enforcement agency pursuant to the paragraph above.  If such consultation does not occur and any other Review Committee member individually concludes that the alleged act of Sexual Violence would constitute a felony violation under Virginia law, that member shall within twenty-four (24) hours consult the appropriate Commonwealth Attorney and provide to him or her the information received by the Review Committee without disclosing personally identifiable information, unless such information was already disclosed to the Campus Police as allowed above.

The Review Committee also shall consider and recommend other appropriate or necessary actions beyond any already in place.

4. Actions Following Threat Assessment: At the conclusion of the Threat Assessment, the Coordinator and representative of the Campus Police shall each retain (i) the authority to proceed with any further investigation or adjudication allowed under state or federal law and (ii) independent records of the review committee’s determination considerations, which shall be maintained under applicable state and federal law.

N. Supportive Measures

RBC will offer and take reasonable and appropriate Supportive Measures to assist and protect the Reporting Party, the Responding Party, or a member of the campus community and facilitate the Reporting Party’s continued access to campus employment or education programs and activities during the initiation, investigation, and resolution of complaints or reports under this policy.  If, in the judgment of the Coordinator and other RBC leadership, the safety or well-being of any member of the campus community may be jeopardized by the presence on campus of the Responding Party, interim remedies may be provided to address the short-term effects of harassment, discrimination, and/or retaliation and to prevent further violations.  These measures may be remedial (designed to protect the safety and well-being of all parties involved and continued access to educational opportunities), protective (involving action against a Responding Party), or both.  Remedial measures are available regardless of whether a Reporting Party pursues an investigation under this policy.

RBC will consult with the Reporting Party and Responding Party before taking Supportive Measures to the greatest degree possible.  Both parties will be notified in writing concerning the imposition of Supportive Measures that impact them.

Supportive Measures are not intended to be permanent resolutions.  They may be amended or withdrawn as additional information is obtained and upon final resolution of the report or complaint.

Supportive Measures may include, but are not limited to:

1. Academic arrangements;
2. Housing and dining arrangements;
3. Work-related arrangements;
4. Limitation on extracurricular or athletic activities;
5. No-contact order, that serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another;
6. Limitations on access to campus, RBC facilities, and RBC events;
7. Referral and coordination of counseling and health services;
8. Training for students, faculty, and/or staff;
9. Interim suspension/immediate restriction;
10. Administrative leave with or without pay; and
11. Any other measures that may be arranged by RBC (to the extent reasonably available) to ensure the safety and well-being of the parties.

O. Amnesty

RBC encourages the reporting of violations of this policy.  Alcohol or drug violations should not deter reporting an incident.  When conducting an investigation, RBC’s primary focus shall be on addressing the alleged Prohibited Conduct and not on alcohol and drug violations that may be discovered or disclosed.  RBC does not condone underage drinking or illicit drug use; however, except in compelling circumstances, RBC will extend limited amnesty from consequences related to drug or alcohol use to Reporting Parties, witnesses, and others who in good faith report alleged incidents of Prohibited Conduct and/or participate in an investigation. RBC may provide referrals to counseling and may require educational initiatives, rather than disciplinary sanctions, in such cases.

P. False Information 

RBC is a community grounded in honor; our Honor Code serves as a guide to our college experience.  It provides clarity on behavior expected of all members of the community.  Engaging in Prohibited Conduct is a serious offense against an individual and the community.  It requires every person’s efforts in order to address this unacceptable behavior.  Those efforts are undermined by the presentation of false information.

Any individual who knowingly provides false information, who intentionally withholds information or who intentionally misleads individuals who are involved in the investigation or resolution of a complaint or report of Prohibited Conduct shall be subject to disciplinary action which can include dismissal or termination from RBC.  However, that an allegation of Prohibited Conduct cannot be proven by a preponderance of the evidence is not evidence of a false complaint or report.

Q. Violation of Law

Behavior that violates this policy also may constitute a crime under the laws of the jurisdiction in which the incident occurred.  For example, the Commonwealth of Virginia criminalizes and punishes sexual assault, dating/domestic violence, sexual exploitation, stalking, and physical assault.  The criminal statutes that may apply in cases of Physical Assault and Dating/Domestic Violence are found in various sections of Chapter 4, Articles 1 (Homicide) and 4 (Assaults and Bodily Wounding), of Title 18.2 of the Code of Virginia.   The criminal statues relating to Sexual Assault are found in Sections 18.2-61 to 18.2-67.10 of the Code of Virginia.  Section 18.2-60.3 of the Code of Virginia defines and identifies the penalty for criminal stalking.  Finally, Sections 18.2-386.1 and 18.2-386.2 of the Code of Virginia provide for criminal penalties in some cases of Sexual Exploitation.

This compilation of criminal statutes is not exhaustive but is offered to notify the RBC community that, in some cases, the alleged conduct may also constitute a crime under Virginia law, which may subject a person to criminal prosecution and punishment in addition to any sanctions under this policy.

R. Education and Awareness

1. For information, please visit the RBC Title IX page at http://www.rbc.edu/myrbc/rbctitle-ixcoordinator/
2. The Coordinator together with other institutional leaders oversees education, training, and awareness programs on Prohibited Conduct for students and employees, including training on primary prevention, bystander intervention, risk reduction, consent, and other pertinent topics.

a. Incoming students and new employees shall participate in primary prevention and awareness programing as part of their orientation.
b. Returning students and employees shall have ongoing opportunities for additional training and education.

3. This policy shall be disseminated widely to the RBC community through electronic mail, publications, websites, new employee orientation, student orientation, and other appropriate channels of communication.

S. Academic Freedom and Free Speech  

This policy does not allow curtailment or censorship of constitutionally protected expression.  In addressing all complaints and reports of alleged violations of this policy, RBC will take all permissible actions to ensure the safety of students and employees while respecting the free speech rights of students and employees.  This policy does not in any way apply to curriculum and curriculum decisions or abridge the use of particular textbooks or curricular materials.

T. Documentation and Record Keeping  

The Coordinator shall maintain, in a confidential manner, for at least ten (10) years, paper or electronic files of all complaints and reports, witness statements, documentary evidence, written investigation reports, resolutions, and appeals and associated documents.

This policy is maintained by the Title IX Coordinator. The Coordinator shall review it on an annual basis to capture evolving legal requirements, evaluate resources available to the parties, and assess the effectiveness of the investigation and resolution process.  Any suggestions and comments shall be sent to the Coordinator throughout the year for consideration.  Any proposed amendments shall be submitted to the appropriate administrative body for further review and approval. This policy shall be amended in any manner deemed necessary without the need for further approval from the RBC Board of Visitors.

U. Related Documents  

Title IX of the Education Amendments of 1972.

Virginia Code § 23.1-900. Academic transcripts; suspension, permanent dismissal, or withdrawal from institution. https://law.lis.virginia.gov/vacode/title23.1/chapter9/section23.1-900/

Policy History
Approved August 21, 2020

1100 Designation, Appointment, and Termination of Administrative and Professional (AP) Employees

Policy Number: 1100
Policy Name: Designation, Appointment, and Termination of Administrative and Professional (AP) Employees
Responsibility for Maintenance: Director of Human Resources

1. Policy Statement
   Administrative and Professional (AP) employee positions manage a department or sub-department 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 departments 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.
   1. Appointments
      AP employees generally are employed through regular (continuing) appointments. Restricted and Specified-term appointments are used in certain circumstances, as described below. All appointment decisions must be approved by the President. All appointments are contingent upon availability of funds, including appropriation of funds by the General Assembly. This means that an appointment may be rescinded or terminated for budgetary reasons, as described below.   If a contract is provided, then the term of the contract shall apply unless the contract specifies otherwise. AP employees may also be terminated for cause, including unsatisfactory performance.
      1. Regular Appointments
         Regular appointments are defined as new or continuing full-time administrative appointments by the President.
      2. 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 contract or grant is required for the employment to end. Failure to provide notice of termination will not prolong employment beyond the sponsored contract’s or grant’s funding period.
      3. 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. All part-time administrative appointments are considered specified term unless otherwise specified in the contract. Failure to provide notice of termination will not prolong employment beyond a specified term.
      4. 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. Additionally, the Provost may relieve instructional faculty members with tenure or a continuing academic appointment, who also hold an administrative appointment, from those administrative duties at any time. If an 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 department 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. Reassignments, including demotions, are not subject to notice requirements, provided that a reduction in salary shall be effective no sooner than 90 days following the provision of written notice of the reduced salary to the affected AP employee.
   2. 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.. 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. The professional may be placed on administrative (paid) leave pending the termination date, at the College’s sole discretion.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 sole 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.
      3. 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 affects job performance, is detrimental to the College’s reputation, or is 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. 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:

          

      4. Termination Without Cause
         1. 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.
         2. Separation
            The terms “separation” or “separated” means termination without cause. AP employees may be separated from the College at any time. Separation from the college implies no fault or cause for the ending of an appointment, but only can occur after the required notification period indicated below, unless a different notice period is otherwise specified in the contract. The decision to separate an AP employee is not appealable or grievable.
            1. Notification Period
               Except as otherwise indicated in subdivisions I.B(1) and (2) above, when calculating the required notification period, all years of continuous full-time service at the College in the current position, as well as in previous full-time positions at the College must be included (see chart below). The notification period can commence at any time and is independent of either the calendar or fiscal year. During this notification period, the supervisor may reassign duties or assign work on special projects. Supervisors must consult with the Director of Human Resources and receive approval from the President prior to initiating notification of separation. An AP employee may be separated from the College following the required notification period specified in the following chart, unless otherwise specified in the contract:

1. 1. 5. 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. If an agreement cannot be reached, the effective date of the AP employee’s termination is ninety (90) days from the date he or she was notified in writing that such termination was being considered or at the end of his or her contract term if one exists, whichever is longer.
      6. 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.
      7. Severance Benefits
         The College will provide severance benefits to AP employees who are involuntarily separated from the College.
         1. Eligibility
            Full-time AP employees hired on regular appointments who are subject to involuntary termination from the College shall be eligible for severance benefits. AP employees hired on restricted appointments funded from sponsored contracts or grants are NOT eligible for severance benefits unless otherwise provided for in their sponsored contract or grant. AP employees separated for cause are NOT eligible for severance benefits. In the absence of a renegotiated contract, AP employees on a specified-term appointment will be eligible for severance.
         2. Severance Benefit Calculation
            AP employees will receive formal written notice of involuntary separation indicating the effective date of separation. The severance benefit shall be the amount of gross salary remaining under the appointment, subject to such withholding as may be required. For those on specified-term appointments, the College will pay the severance benefit in the absence of a renegotiated contract.
2. Reason for Policy
   The purpose of this policy is to describe the conditions and procedures for the designation, appointment, and termination of AP employees. 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.
3. Applicability of the Policy
   This policy applies to the College’s AP employees.
4. Related Documents
   Grievance Procedure for AP Employees
5. Contacts

Policy History
Approved February 5, 2016
Updated January 11, 2017
Updated June 11, 2018

1110 Performance Evaluation of Administrative and Professional Employees

Policy Number: 1110
Policy Name: Performance Evaluation of Administrative and Professional Employees
Responsibility for Maintenance: Director of Human Resources

• 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
• Reason for Policy
  The purpose of this policy is to establish a method for the evaluation of Administrative and Professional (AP) employees.
•  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.
• Related Documents
  • Annual Performance Evaluation – Administrative Staff (HR form)
  • Self-Evaluation (HR form)
  • Annual Administrative Performance Evaluation Schedule (HR form)
• Contacts 

6. 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:
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
7. Procedures 
   1. 1. Roles and Responsibilities
         1. Employee
            1. Assists supervisor with developing annual operational goals and professional development goals, and makes suggestions for revising goals as necessary during the performance year;
            2. Has a clear understanding of supervisor’s expectations and requests clarification if necessary;
            3. Manages own performance to achieve annual operational goals, bringing to supervisor’s attention circumstances that may affect their achievement;
            4. Seeks performance feedback from supervisor during tri-annual performance reviews, or as needed;
            5. Fully participates in performance discussions during tri-annual review meetings and during the annual performance evaluation meeting; and
            6. Addresses aspects of performance identified as needing improvement.
         2. Supervisor
            1. Seeks input from employee regarding individual annual operational goals and professional development goals;
            2. Monitors employee performance during the performance year and communicates with employee on an ongoing basis about performance;
            3. 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;
            4. Addresses in a timely manner instances of poor performance or other significant performance issues;
            5. If appropriate, seeks feedback concerning employee performance from internal and external sources, including external peers, team members, coworkers, stakeholders, or others;
            6. Assists employees whose performance has been identified as needing improvement in one or more aspects to make the necessary improvement;
            7. Prepares annual performance evaluations, ensuring that all significant performance issues are documented; and
            8. Meets with employees individually to discuss their evaluations and development needs.
         3. Human Resources
            1. Provide for the training needed to increase supervisors’ effectiveness in performance management and evaluation;
            2. Ensure that all supervisors are knowledgeable about the processes and requirements of this policy and abide by it.
            3. Support employees and their supervisors in the performance management process; and
            4. Maintain up-to-date forms, files, and records.

    

   1. 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.
   2. 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.
   3. 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)
   4. 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.

Policy History
Approved February 5, 2016
Updated January 11, 2017

1120 Grievance Procedure for Administrative and Professional Employees

Policy Number: 1120
Policy Name: Grievance Procedure for Administrative and Professional Employees
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. Reason for Policy
   This policy establishes a process by which AP employees may have concerns or complaints related to their employment addressed.
3. 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
4. Contacts 

5. 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.
6. Procedures 
   1. 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.
   2. 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.
   3. 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, ordinances, 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. 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.
            1. The employee will provide the following information in the written grievance:
               1. The issue being grieved, including a clear statement of the facts upon which the complaint is based;
               2. 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;
               3. An explanation of how the employee has been adversely affected;
               4. A copy of any pertinent College policies, contractual agreements, or other documents upon which the employee relies; and
               5. 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.

            2. 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:
               1. 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
               2. 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.

       

Policy History
Approved February 5, 2016
Updated January 11, 2017

1130 Leave without Pay for Faculty, and for Administrative and Professional Employees

Policy Number: 1130
Policy Name: Leave without Pay for Faculty, and for Administrative and Professional Employees
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. 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.
3. 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.
4. Related Documents
   DHRM Policy 4.45
5. Contacts 

6. Procedures 
   1. 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.
         • 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.
   2. 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.

Policy History
Approved February 5, 2016
Updated January 11, 2017

1150 Hiring Incentives

Policy Number: 1150
Policy Name: Hiring Incentives
Responsibility for Maintenance: Human Resources

1. Policy Statement
   It is the policy of Richard Bland College (RBC) to offer a hiring incentive to prospective employees when needed to enhance the College’s ability to attract high quality individuals.A hiring incentive is a one-time payment of up to $5,000 offered to individuals who are newly-appointed to eligible positions within RBC if it has been determined that the position is likely to be difficult to fill in the absence of an incentive and/or to offset the cost of moving and relocation expenses. Payments for this purpose require the recipient to return a signed repayment agreement requiring a specific term of employment and quality of work. The payments will not be made until employment has begun.
2. Reason for Policy
   Hiring incentives serve as a critical compensation tool for attracting high quality individuals. This policy provides authority and guidance for such payments.
3. Applicability of the Policy
   This policy applies only to employees hired as Instructional or Administrative & Professional Faculty on a full-time basis.
4. Related Documents
   • RBC Sign-on Bonus Agreement
   • DHRM Exceptional Recruitment and Retention Incentive Options

7. Procedures
   1. With consultation from the President’s Office and Human Resources, the College may offer a sign-on bonus as an incentive to prospective employees. The hiring department is responsible for funding sign-on bonuses. A sign-on bonus may be appropriate if at least one of the following criteria is met for a position that is critical to the mission of the institution:
      1. RBC is competing with another prospective employer, i.e. there is an active, competing offer from another organization.
      2. The candidate is uniquely qualified or will fill a highly technical or specialized role.
      3. RBC seeks to bridge any differences in base compensation, such as candidate salary expectations vs. what can be supported, that manifest during the search process.
      4. Moving and relocation expenses need to be offset (i.e. an individual is relocating from greater than 50 miles away).
      5. Standard industry practice dictates sign-on bonuses for the type of position.
   2. Requests to award a sign-on bonus should be submitted as part of the candidate’s Request to Offer paperwork by attaching the Sign-on-Bonus Agreement:
      1. The hiring department must complete all information listed on the Sign-on-Bonus Agreement.
      2. All sign-on bonuses require approvals from the hiring manager, respective unit head, Chief Business Officer, and the President.
      3. The Sign-on Bonus Agreement must be signed by all applicable parties and is required in order for Human Resources to process the bonus.
      4. Bonus installments will be included with salary payments in regularly scheduled pay periods.
      5. In order for the bonus payment to be made upon hire, the required new hire forms must be submitted to Human Resources in a timely manner.

Policy History
Approved August 1, 2019

1060 Background Investigations

Policy Number: 1160
Policy Name: Background Investigations
Responsibility for Maintenance: Director of Human Resources

1. Reason for Policy
   Richard Bland College makes every effort to provide reasonable safeguards to protect the welfare and safety of its students, employees, visitors, and institutional resources. Background investigations are an important component of this protection, including a criminal history check.
2. Policy Statement
   The RBC Department of Human Resources will require background investigations to be performed on all new and rehired employees. Background investigations will be conducted only on final candidates who have accepted a conditional offer and will be used to evaluate a candidate’s eligibility to be employed at the College. Background investigations also may be used in connection with certain transfers, promotions, and other business needs as determined by RBC. Based on the duties being performed, RBC also may conduct background investigations, including criminal history checks, for unpaid interns, volunteers, and affiliates. Background investigations also may be required for independent contractors. Background investigations will not be used to discriminate on the basis of gender, gender identity, disability, race, color, age, religion, national origin, veteran status, or any other basis protected by federal or state law.Once a final candidate has been identified and a conditional offer has been extended or, in the case of a current employee, Human Resources identifies another employment situation requiring a background investigation, the College’s Department of Campus Safety and Police will initiate criminal history checks with third-party vendors, the Virginia State Police, and/or other organizations at the College’s discretion. The Department of Human Resources, the applicable department head, or other designee will conduct other portions of the background investigation.Background investigations may include any or all of the following:
   • Criminal history check conducted nationwide as well as in all U.S. states, counties, or regions where the candidate has resided;
   • International criminal history check (when possible, for candidates who have resided outside the United States);
   • Employment verification;
   • References check;
   • Diploma/degree validation;
   • Sexual offender registry;
   • Consumer report;
   • Professional licensure or certification verification when applicable;
   • Department of Motor Vehicles (DMV) records (typically only for positions that routinely operate vehicles owned by the Commonwealth);
   • If required by external funding agencies or for high-risk positions as determined solely by RBC, interviews with sources such as supervisors, associates, public record or various federal, state, and local agencies;
   • Examination of state debarment lists;
   • Examination of federal debarment lists, as required by federal law; and
   • Other screenings required by law or considered relevant by the College at the College’s sole discretion.

   Noncompliance with this policy may result in disciplinary action up to and including termination of employment. RBC supports an environment free from retaliation. Retaliation is prohibited against any employee who brings forth a good faith concern, asks a clarifying question, or participates in an investigation.

3. Applicability of the Policy
   This policy applies to all current full-time and part-time RBC employees as well as candidates for employment; those seeking to volunteer on campus as well as to those whose affiliation with RBC requires the individual to work on campus; and RBC contractors. This policy is not applicable to student workers.
4. Background Investigation Procedures
   1. Applicant Disclosure: Convictions or other information disclosed or discovered during the application process may influence the referral, selection, and final offer of an applicant where such information is job related.
   2. Fingerprinting Requirement:Fingerprinting is required for:
      • Newly hired or rehired employees (Exception: Employees who do not yet have a social security number and are on a new visa, issued within the past 30 days, screened by the U. S. Department of Homeland Security will not be required to undergo fingerprinting.)
      • Current employees seeking transfer or promotion into full-time, resource-critical positions will undergo an additional fingerprinting check.
      • Certain positions also may require additional checks after hire based on security, accreditation, or other agency requirements (e.g., RBC Campus Police staff).
   3. Condition of Employment: Written consent to the background investigation, including fingerprinting and the criminal history check, is a condition of employment at the College, including but not limited to part-time and volunteer employment. The College will review fingerprinting results as a condition of employment after a candidate has been extended a conditional offer of employment. Employment is subject to final review and evaluation of the criminal history check and the background investigation. Any person refusing to undergo the fingerprinting process in accordance with the Governor of Virginia’s Executive Order 41 (2015) may have his/her application removed from further consideration and the conditional offer of employment withdrawn. All background investigation activities will be conducted after the conditional offer of employment and prior to the selected candidate’s start date when possible. To ensure the most recent history is on file, criminal history checks and other background investigation activities should be completed no more than 30 days prior to the employee’s start date. Criminal history records will be received and processed as part of a confidential practice in Human Resources.
   4. Review Process: Criminal conviction(s) and other information obtained pursuant to this policy will be reviewed confidentially by Human Resources and other College officials, including but not limited to a representative from the Department of Campus Safety and Police.       The College may render the selected candidate ineligible for holding a specific position(s) or a current employee for continued employment based on the nature and gravity of the offense(s) or information, time that has passed since the conviction, completion of the sentence, and/or the occurrence of the actions that resulted in the information disclosed or discovered, and the nature of the job sought (e.g., the work environment, specific responsibilities of the position, access to and interaction with students and the public, etc.). The accuracy and completeness of the disclosure of prior law violations and other information revealed or identified during the background investigation process will be verified. Convictions related to drugs, violence, and/or sexual behavior are generally considered job related due to the nature of the RBC environment and the need to provide reasonable levels of protection for students, employees, visitors, and institutional resources. Any additional convictions that may be revealed from the fingerprinting process will be reviewed confidentially by Human Resources, the Department of Campus Safety and Police, and other College officials, and may be considered cause for rescinding the conditional offer and/or termination of employment based on the nature of the job and job relatedness of the conviction(s). Decisions regarding termination of employment or other action will be made in conjunction with the appropriate department head, the Provost, and/or President. If a final recommendation for termination of employment is made by the Director of Human Resources and the Director of Campus Safety and Chief of Police, only the President can waive that recommendation and approve the department’s request to retain the employee.
   5. Investigations for Cause: When circumstances are identified that warrant further investigation, the College reserves the right to conduct a criminal history check (including fingerprinting) on an employee who is charged with any crime that reflects on or gives rise to questions as to his/her suitability for continued employment or during the course of an administrative investigation.       The results of the investigation will be reviewed as described above under “Review Process” and may be considered cause for termination of employment based on the nature of the employee’s job and the job relatedness of the charge(s)/conviction(s).
5. Related Policy
   • Executive Order 41 – Ban the Box
   • State Policy 2.10 – Hiring
   • State Policy 1.05 – Alcohol and Other Drugs
6. Contacts 

Policy History
Approved June 1, 2018

1170 Clearance and Separation Procedures

Policy Number: 1170
Policy Name: Clearance and Separation Procedures
Responsibility for Maintenance: Director of Human Resources

1. 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.
2. 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.
3. Procedures
   1. 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.
   2. 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.
4. Related Policy & Documents
   • RBC Clearance Form
   • RBC Separation Checklist
5. Contacts

Policy History
Approved February 26, 2018

1180 Internal Investigations Policy

Policy Number: 1180
Policy Name: Internal Investigations Policy
Responsibility: Director of Human Resources

1. 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.
2. 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.
3. Applicability of the Policy
   This policy applies to all Richard Bland College employees, including wage, adjunct, faculty, classified staff, and Administrative & Professional employees.
4. 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.

   1. 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.
   2. 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.
   3. 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.
   4. 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.

4. 5. 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.
   6. 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.
   7. 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.
   8. 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.
   9. 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.
   10. 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).
   11. 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.
5. Related Documents
   • Grievance Procedure for Administrative and Professional Employees
   • Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy
6. Contacts

1190 Conflict of Interests

Policy Number: 1190
Policy Name: Conflict of Interests
Responsibility for Maintenance: Director of Human Resources

1. Reason for Policy
   The purpose of this policy is to provide guidance to employees and officers relating to conflict of interests and to inform them of their duty to comply with the State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100 et seq.).
2. Applicability of the Policy
   This policy applies to all employees at RBC during the term of their employment with the College.
3. Definitions
   1. Employee: All persons employed by Richard Bland College in any capacity.
   2. Immediate Family: An employee’s spouse or immediate family member who resides with the employee and is a dependent of the employee. Note that as the definition relates to public procurement (contracting), the following is the definition of “immediate family”: an employee’s spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee.
   3. Business (or external entity or organization): Any corporation, partnership, sole proprietorship, firm, franchise, association, trust or foundation, or any individual or entity carrying on a business or profession, whether or not for profit. This definition excludes the College or any other entity controlled by, or affiliated, with the College.
   4. Personal Interest (as defined by the Virginia State and Local Government Conflict of Interests Act):  a financial benefit or liability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of (i) or (iv) above.
4. Policy Statement
   The citizens of the Commonwealth are entitled to be assured that the judgment of public officers and employees will not be compromised or affected by inappropriate conflicts. The State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100 et seq.) and the Virginia Public Procurement Act, § Virginia Code § 2.2-4367 et seq.), provide the body of law applicable to all Richard Bland College employees regarding such conflicts. The entire law is not summarized in this policy; however, employees should be aware that the following situations may represent violations:
   1. Soliciting or accepting money or gifts:
      • except allowable expenses, employee compensation, or other remuneration paid by the College;
      • for compensation for obtaining employment, an appointment, or promotion of any person with any government agency;
      • for consideration of the use of your public position to obtain a contract for any person/business with any government agency; or
      • that may tend to influence you in the performance of your official duties.
   2. Accepting any business/professional opportunity that is being afforded to your immediate family or you to influence you in the performance of your official duties.
   3. Using any confidential information for your or another party’s benefit that you have acquired by reason of your position and which information was not available to the public.
   4. Having a personal interest in a Richard Bland College agreement/contract other than your contract of employment, or any attempt by an immediate family member to have an interest in any such agreement/contract.
   5. Having a personal interest in a contract with another state agency that was not awarded through a competitive process.
   6. Involvement by you or a member of your immediate family in any manner in a Richard Bland College procurement transaction while at the same time negotiating/arranging for prospective employment with that bidder or offeror.
   7. While involved in any manner in a procurement transaction, soliciting or accepting any money, service or anything of value from any bidder or offeror, contractor or subcontractor, unless authorized by law.
5. Related Documents
   • RBC Policy – Outside Employment
   • State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100 et seq.)
   • Virginia Public Procurement Act (specifically Virginia Code § 2.2-4367 et seq.)
6. Contacts 
   The cited Code of Virginia sections should be consulted by any employee or officer who may be involved in any such situation as summarized above. The Code may be accessed at http://leg1.state.va.us/000/src.htm. Employees who have questions should consult with the Office of Human Resources or with College Counsel. When in doubt, ask before you act. The consequences for failing to do so can be severe.

Policy History
Approved July 1, 2018
Updated July 1, 2020

1200 Telework and Alternate Work Schedule Policy

Policy Number: 1200
Policy Name: Telework and Alternate Work Schedule Policy
Responsibility for Maintenance: Director of Human Resources

1. Policy Statement
   The purpose of this policy is to promote and implement procedures that allow eligible employees, when possible, the opportunity to telework or use an alternate work schedule. This policy allows opportunities for improved work performance; increased employee retention; reduced commuting costs; departmental cost reductions; temporary or permanent job modifications for Return-to-Work and/or the Americans with Disabilities Act compliance; and consideration of an employee’s quality of work life. Telework and Alternate Work Schedule agreements must comply with all applicable federal and state laws, and state and College and policies. Telework and/or an Alternate Work Schedule is not an employee benefit. Therefore, no College employee is entitled to or guaranteed the opportunity to Telework or use an Alternate Work Schedule and either party may terminate an existing agreement at any time.
2. Applicability of the Policy
   This policy applies to all administrative and professional employees, classified staff, and non-student wage employees.
3. Definitions
   1. Alternate Work Schedule: An acceptable schedule, agreed to by the supervisor and employee that differs from the standard workweek. The traditional forty (40) hours per week may be completed in fewer or more than five (5) full workdays. The schedule may include varying the time of day an employee works, the days of the week an employee works, or both.
   2. Alternate Work Site: An acceptable site for performing job duties and responsibilities outside the traditional Richard Bland College office.
   3. Telework: A work option where an employee of Richard Bland College works at an approved alternative work site for an agreed period of time with the remainder of the work time spent at the College work site.
4. Quality Assurance Controls
   Department Heads are responsible for ensuring approved requests are within the scope of this policy and establishing the following quality assurance controls, where applicable:
   1. All work objectives and tasks must be clearly defined with measurable results for the telework position.
   2. The telework position should require minimal supervision or contact with customers. The employee should demonstrate work habits and performance suited to successful telework.
   3. Alternate work schedules, such as rotating shifts, compressed work week, etc., may be developed to allow departments to provide services outside traditional hours of work. Schedule adjustments will not result in an employee working less than his/her prescribed number of hours during a work week. Alternate Work Schedule arrangements will not necessarily result in compensatory time or overtime pay.
   4. Supervisors may require employees to report to a central workplace as needed for work-related meetings or other events or may meet with an employee in the alternate work location as needed to discuss work progress or other work-related issues.
   5. Teleworking and alternate work schedules are authorized only for employees whose annual performance evaluations indicate performance at a level of at least an “Achiever.”
   6. Telework or Alternate Work Schedule duties must be arranged so as not to alter the essential job responsibilities or compromise the level of service provided to the customer, either by the employee or the department.
5. Compliance
   1. Approved Teleworkers and their supervisors must complete a DHRM Telework Agreement and submit it to the RBC Office of Human Resources before working from an alternate work site. Failure to do so may result in the inability to telework.
   2. Employees approved to have an alternate work schedule and their supervisors must complete an Alternate Work Schedule Agreement and submit the form to the RBC Office of Human Resources prior to working an alternate work schedule.
   3. Annual review of the agreements will be conducted thereafter during the annual evaluation cycle.
   4. All Richard Bland College policies, rules, and practices will apply at the approved alternate work site and/or an approved alternate work schedule.
   5. Failure to follow policies, rules, and practices may result in termination of the arrangement and/or disciplinary action.
   6. The Telework or Alternate Work Schedule Agreement may be terminated at any time by either party.
6. Related Policy and Forms
   • DHRM Telework Policy 1.61 – http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol1_61.pdf
   • DHRM Telework Form
   • RBC Alternate Work Schedule Form
   • RBC Hours of Work Policy 1.25 – https://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol1_25hoursofwork.pdf?sfvrsn=2
7. VII. Contacts 

Policy History
Approved July 1, 2018

1210 Office Closing Policy

Policy Number: 1210
Policy Name: Office Closing Policy
Responsibility for Maintenance: Human Resources

1. Policy Statement
   It is the policy of Richard Bland College (RBC) to operate in accordance with its approved College calendar and to maintain full operations unless specifically closed by the President (or designee). Richard Bland College will authorize campus closings or delayed openings when emergency conditions are predicted or occur that present a serious threat to the college’s safe and efficient operation and the well-being and safety of its students and employees.
2. Reason for Policy
   Operations at Richard Bland College requires certain essential services be provided in emergency conditions. The purpose of this policy is to provide a uniform method of handling employee absences and pay continuity during emergency conditions and to allow managers to designate personnel to work when the college is officially closed.
3. Applicability of the Policy
   This policy applies to all College employees. Employee refers to an individual who works for the College in a full-time, part-time, contractual or temporary capacity such as administrative and professional faculty, instructional faculty, adjunct faculty, classified staff, wage, temporary agency and contract employees.Noncompliance with this policy may result in disciplinary action up to and including termination. RBC supports an environment free from retaliation. Retaliation against any employee who brings forth a good faith concern, asks a clarifying question, or participates in an investigation is prohibited.
4. Related Documents
   Notification of Essential Employee Designation Template
5. Contacts 

6. Definitions
   Closed: The College, including all departments, is closed; classes and all conditions are cancelled for that day and evening. Essential personnel are required to report on time for their regular work shift.Delayed Opening: The College will open at a later time than the beginning of its regular business hours. Essential personnel may be required to report on time for their regular work shift.Early Closing: The College will close at a specific time that is earlier than the end of then the end of its regular business hours. Essential personnel may be required to complete their regular work shift.Essential Personnel: Essential employees are exempt and non-exempt employees (full and part-time) who are required to work during an authorized closing because their positions have been designated as essential to agency operations during emergencies. Essential personnel must receive notification annually of their designation to work during an emergency closing.Non-Essential Personnel: Non-essential employees are those who are not required to work during an authorized closing because their position have not been designated as essential during emergency conditions.
7. Procedures
   1. Closing Decisions
      1. The President (or designee), is authorized to make the decision to close the College, delay opening, or close early due to emergency conditions (natural or man-made). Department heads, directors, and supervisors are not authorized to make closing decisions in their areas of responsibility.
   2. Types of Closing Decisions
      1. Whenever it is necessary to close or delay opening due to emergency conditions, the closing decision will be for one day at a time. A new closing decision will be made each day and a new announcement will be issued for each succeeding day the College is affected by an emergency condition.
      2. The President will announce the closing decisions: close, delayed opening, or early
   3. Announcement of Closing Decisions
      1. If the President (or designee) authorizes an all-day closing, early closing, or delayed opening, the Department of Communications will make an announcement. Employees will receive notification via email and the RBC website (www.rbc.edu). The announcement will also be posted on the College’s Home Page and will provide full details on the closing. The announcement will be posted immediately upon final authorization.
      2. The Department of Communications is responsible for placing announcements with the appropriate media outlets. Media Advisories will include the specific time the College operations are affected by closing decisions and when essential personnel are to report to Media Advisories that address reopening the College will also include a specific time.
      3. The Department of Communications will communicate the College’s operations status to internal and external constituents through the following news media outlets:Television
         WTVR CH. 6
         WRIC CH. 8
         WWBT CH. 12
      4. The Department of Communications will use the following status codes for announcements of closing decisions to appropriate media outlets:
         1. Closed; Essential Personnel Report on time
         2. Hour Delay; Essential Personnel Report on time
         3. Evening Classes Cancelled
         4. All Conditions Cancelled
   4. Essential Personnel
      1. Designation as Essential Personnel
         1. When a closing decision is made, certain categories of employees, designated as “Essential Personnel”, are required to work their normally scheduled shifts and/or in excess of their normally scheduled shifts as required during an emergency natural or man-made condition to ensure continuity of essential operations. Each Department Head is responsible for preparing a list of employees designated as “Essential Personnel” and providing the list, annually, to the Director of Human Resources by July
         2. Supervisors of essential personnel are responsible for notifying their employees, in writing, of the designation as “Essential Personnel”, their assignment and the requirement to report to work on time for their regular work shift whenever the Office Closing Policy is in effect due to an emergency natural or man-made condition. Supervisors are responsible for notifying current employees of their “Essential Personnel” status on an annual basis and informing new employees when they accept employment offers. Employees in departments and role titles listed below may be required to report to

1. 1. 1. 1. Other categories of employees may occasionally be designated as “Essential Personnel” when circumstances require a change in status. Supervisors will notify the employee of this change in status as soon as
         2. Essential Personnel who fail to report to work may be subject to disciplinary action and required to charge the missed hours to leave with or without pay, as
   2. Transportation Difficulties
      1. When emergency conditions create transportation difficulties that result in late arrival of employees to work, such lost time need not be applied to leave balances nor should the employees otherwise experience loss of pay, if in the judgment of the immediate supervisor, such lost time was justifiable in view of an emergency condition.
   3. Compensation during Authorized Closing
      1. Essential Personnel
         1. Exempt and non-exempt salaried employees are paid their regular rate of pay for hours
         2. Employee are granted compensatory leave for hours worked during authorized closings not to exceed 8 hours of compensatory leave accrued.
         3. All hours worked in a workweek, including hours worked during an authorized closing, will be counted for purposes of determining if overtime pay is warranted for non-exempt
         4. Hourly employees will be paid for actual hours worked during authorized closing and are not granted compensatory leave for hours worked during authorized closings.
      2. Non-Essential PersonnelNon-Essential salaried personnel will be paid for the hours that he/she was scheduled to work during an authorized closing, if he/she worked or took paid leave the day before and the day after the authorized closing. Other non-essential employees are paid for the hours that they work only.
         1. Non-Essential personnel who have been on authorized pre-approved leave during the authorized closing will not be charged leave.
         2. All employees are required to adhere to the communication mediums during emergency conditions.
         3. Non-essential employees called in to work will be treated as essential personnel. Employees who report to work during an all-day closing because of not having heard the closing announcement or who choose to work during the authorized closing shall not normally receive compensatory leave, except in extenuating circumstances when the department head designates the employee as essential personnel. Therefore, non-essential personnel who work without the permission of the department head during periods of authorized closing shall not be credited with compensatory leave.
      3. Partial Shift Closing
         1. Partial shift closing occur when the College opens later than standard business hours, or closes earlier than standard business hours. Non-designated salaried employees will be paid for the hours s/he was scheduled to work during an authorized closing if s/he worked or took paid leave (1) the day before and (2) the day after the authorized closing. Other non-designated employees are paid for the hours that they work only.
         2. Any scheduled hours not worked by a non-designated employee while the College was open shall be charged to personal leave or leave without pay.

Policy History
Approved August 1, 2019

1220 Wage Employment

Policy Number: 1220
Policy Name: Wage Employment
Responsibility for Maintenance: Director of Human Resources

1. Reason for Policy
   Richard Bland College has a continuing need for temporary employees. Wage employment covers seasonal or temporarily excessive workloads, interim replacements, and short-term projects or jobs that do not require classified or faculty employees. This policy defines wage employment and outlines job conditions and hour restrictions for these employees.
2. Applicability of the Policy
   Wage employees and anyone who hires wage employees are responsible for knowing this policy and familiarizing themselves with its contents and provisions.
3. Definitions
   1. Wage Employees: Wage employees are employees who perform similar work as classified staff but are paid an hourly rate and paid only for actual hours worked (rather than a fixed semi-monthly salary), and who are considered temporary and “at will.” Their employment status is part-time and they are limited to working 29 hours or less per week on average or 1,500 hours over the Manpower Control Act (MCA) Standard Measurement Period (to ensure compliance with the “29-hour limit”).
   2. Manpower Control Act (MCA) Standard Measurement Period: The 12-month period of May 1 through April 30 of the following year during which certain non-benefited employees cannot work more than 29 hours per week on average or 1500 hours per measurement period (the “29-hour limit”).
   3. Wage Employee: This term refers to both hourly and student workers who are paid by the hour.
4. Policy
   1. Recruitment
      1. Equal employment opportunity policies apply to wage employment. The extent of wage employment in a department will depend on funding availability and justification for establishing such a position(s).
      2. Departments may make decentralized recruitment and hiring decisions regarding wage employees; however, the position must be advertised through the RBC recruitment management system.
   2. Classification and Compensation
      1. Wage employees are considered non-exempt under the federal Fair Labor Standards Act (FLSA), and they are paid for hours physically worked (both regular and approved overtime).
      2. Wage employees are required to submit hours worked via TAL (Time & Leave system) for approval by their supervisors by the deadlines set by the Office of Human Resources to ensure prompt payment.
      3. Wage employees must obtain prior approval to work and be paid for overtime, if eligible, or to adjust work hours, as applicable, for FLSA compliance.
      4. Generally, wage employees are classified within the Career Group Roles of the state’s Classified Compensation System and are compensated similarly to classified staff performing comparable duties within applicable pay practices and considering applicable pay factors.
      5. Wage employees must possess the same qualifications as those required for similar classified positions.
      6. Regardless of funding source, total hours worked by wage employees at RBC are limited to 1500 hours or 29 hours or less per week, on average, over the Standard Measurement Period, including regular and overtime hours, and any other hours worked in an overload job.
      7. If the workload permits, departments are encouraged to schedule wage employees at 29 hours per week or less to allow for continuous employment.
      8. Supervisors are responsible for monitoring and ensuring compliance with the 29-hour rule.
      9. If hours worked in a single week exceed 29, supervisors must ensure that hours worked in other weeks are limited so that work hours average 29 or less per week over the Standard Measurement Period.
   3. Benefits
      1. Wage employees may participate in the College’s tax-deferred annuity and the state’s deferred compensation programs and are covered under the Virginia Workers’ Compensation Act. However, they are not eligible for participation in the state’s health benefits program, life insurance, or employer-funded retirement or cash match programs.
      2. Wage employees can apply for full-time positions and they are eligible for College service awards. However, if hired into classified or faculty positions, wage service does not count toward any form of continuous state service for benefits or retirement purposes. If hired into a full-time position, they may purchase prior service credit, which can be credited to the Virginia Retirement System (“VRS”) for retirement purposes only. The purchase of prior service credit counts toward the five years needed to become vested in VRS.
      3. The provisions of the Virginia Personnel Act do not cover wage employees. Wage employees do not have access to the Employee Grievance Procedure because their employment is considered temporary and they serve at the will of the College. Wage employees may file employment complaints with the RBC Office of Human Resources.
      4. Wage employees may participate in the College’s tuition waiver program. To become eligible, wage employees must have worked a minimum of 1,000 hours in the prior year.
   4. New Employee Orientation
      1. Wage employees will be scheduled for New Employee Orientation and are strongly encouraged to attend this orientation program.
   5. Discipline and Separation
      1. Voluntary Separation: Normally, wage employees are expected to provide at least two weeks’ advance written notice to their supervisor when they intend to separate employment with RBC. If the employee is moving from one RBC department to another, a different notice period may be negotiated to continue services with minimal disruption.
      2. Failure to give adequate notice may adversely affect eligibility for re-employment with the College.
      3. Discipline and Involuntary Separation: Although wage employees are not covered by the Virginia Personnel Act, it is recommended though not required that they be given due process and progressive discipline to encourage satisfactory performance.
      4. Counseling memorandums should be used in place of written notices to document performance issues. In the case of employment termination, a letter should be addressed to the employee listing the reason(s) for the action(s) and the effective date. The employee also may be given the option to resign.
5. Related Policy & Documents
   • RBC Guidelines for Compliance with the Man Power Control Act
   • RBC Policy: Student Employment
   • RBC Policy: Background Investigations
   • RBC Policy: Tuition Waiver & Reimbursement
   • State Policy 2.05, Equal Employment Opportunity
   • State Policy 2.20, Types of Employment
   • Virginia Personnel Act
6. Contacts 

Policy History
Approved July 1, 2018

1230 Employee-Student Consensual Relationships

Policy Number: 1230
Policy Name: Employee-Student Consensual Relationships
Responsibility for Maintenance: Director of Human Resources

1. Policy Statement
   The purpose of this policy is to document Richard Bland College’s commitment to maintaining learning and work environments as free as possible from conflict of interests, exploitation, and favoritism. Therefore, employees, whether faculty or staff, shall not engage in consensual relations with students whenever the employee has a “position of authority” with respect to the student in such matters as teaching or in otherwise evaluating, supervising, or advising a student as part of a school program or employment situation.In cases where one person uses a position of authority to induce another person to enter into a romantic and/or sexual relationship, the likely harm to the induced person and to the College is clear. Even in cases where the relationship is deemed “consensual” by the involved parties, significant potential for harm remains when there is an institutional power differential between them. Clear examples of cases of power differential are romantic and/or sexual relationships between an instructor and student, an academic advisor and advisee, or an employer and student worker. Among other things, the existence of such relationships may cast doubt on the objectivity of any supervision and evaluation provided.This policy is directed specifically to employee-student relationships and recognizes that both employees and students bear responsibility to avoid a conflict of interests. The student-teacher relationship represents a special circumstance because maintaining (or preserving) the integrity of this relationship is of fundamental importance to the central mission of the College. Even allegedly “consensual” relationships that occur in the context of educational supervision and evaluation can give rise to serious ethical concerns and present significant conflicts of interests. It is, therefore, incumbent upon both the employee and the student involved in the relationship to disclose the relationship so that appropriate accommodations can be made to remove the conflict of interests.
2. Applicability of the Policy
   This policy applies to all current employees and students of Richard Bland College.
3. Definitions
   1. Consensual Relationships: Romantic and sexual relationships willingly undertaken by the parties.
   2. Employee: A person, faculty or staff, who holds a full-time, part-time, permanent, or temporary position at Richard Bland College, which includes, but is not limited to:
      1. Administrative professional employees;
      2. Instructional, or adjunct faculty;
      3. Classified staff; and
      4. Wage employees.
   3. Position of Authority: References and includes, but is not limited to, situations in which an employee is responsible for teaching, evaluating, supervising, or advising a student as part of a school program or employment situation or is in a position to influence any of these activities or processes.
   4. Student: Any person enrolled full-time or part-time in any program of Richard Bland College.
4. Procedures
   1. Multiple Roles: There are occasions when an individual, initially classified as a student, faculty, or staff in his or her primary role, will take on another role. For example, if a staff member is enrolled in a course, the staff member will be considered a student for purposes of this policy if a consensual relationship develops with the instructor of the course.
   2. Acknowledgement of a Consensual Relationship: In the event a consensual relationship exists or develops between an employee having a “position of authority” with respect to a student in the College, despite this policy prohibiting such relationships:
      1. The employee immediately shall report the relationship in confidence to his or her immediate supervisor;
      2. The student has the responsibility of reporting the relationship in confidence to the Provost; and
      3. A plan for resolving the conflict of interests must be developed.

      The supervisor and the Provost shall make suitable arrangements for the objective evaluation of the student’s academic performance and/or work performance for the protection of individual and College interests. To the extent possible, these discussions and the subsequent plans will be held in confidence.

   3. Failure to Report Noncompliance: A faculty or staff member in a “position of authority” over a student with whom a consensual relationship exists, who fails to report him/herself, will be deemed to have created a conflict of interests and to have violated an ethical obligation owed to students, other employees, colleagues, and the College. Similarly, a student who fails to report a consensual relationship with an employee in a “position of authority” also may be subject to sanctions. Credible allegations of a faculty or staff member’s failure to report the existence of a relationship between a student and an employee in a “position of authority” with respect to the student obligates the immediate supervisor to conduct a prompt and thorough inquiry to determine whether there is any validity to the allegation. When it is concluded that a prohibited relationship exists, due to the existence of a “position of authority” as between the employee and the student, the immediate supervisor shall undertake a resolution to the conflict of interests, and sanctions may be imposed against the employee as indicated in Section IV.D. below.
   4. Sanctions: Persons in violation of this policy shall be subject to sanctions ranging from verbal warnings to termination or expulsion from the College depending upon the severity of the offense. Should it be determined that disciplinary action is appropriate, the action to be taken shall be determined in the case of:
      1. Faculty by the Provost after consultation with the Department Head;
      2. Staff by the appropriate Department Head, or the President in the event a Department Head or a staff member who reports directly to the President is involved, and;
      3. Students by the Provost after consultation with the Director of Housing and Residence Life.
   5. False Allegations: Persons who knowingly make false allegations that an improper relationship exists shall be subject to comparable sanctions.
   6. Resources for Assistance: Staff in the Office of Academic & Student Development and the Office of Human Resources are available to assist any party covered by this policy.
5. Related Documents
   • State and Local Government Conflict of Interests Act, Virginia Code 2.2-3100
   • Policy 1.60, Standards of Conduct
   • Faculty Handbook, Paragraph XIV, “Consensual Amorous Relationships”
   • RBC Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy
6. Contacts 

Policy History
Approved July 1, 2018
Revised August 1, 2019

1240 Outside Employment Disclosure

Policy Number: 1240
Policy Name: Outside Employment Disclosure
Responsibility for Maintenance: Director of Human Resources

1. 1. Reason for Policy
      The purpose of this policy is to document College policy regarding employment outside the College for salaried classified and administrative employees. In addition, this policy establishes guidelines to ensure that no employee shall engage in any other employment or conduct of a profession that affects his/her employment with the College or that may be deemed a violation of the Virginia Conflict of Interest Act.
      
   2. Applicability of the Policy
      This policy applies to all full- and part-time administrative and classified employees at RBC during the term of their employment with the College. This policy applies to all employment or work outside of the College for remuneration of any sort.
   3. Definition
      Outside employment is defined as compensated work for each and any other organization, business, person or agency that is not RBC.  Outside employment can include, but is not limited to, self-employment and self-initiated professional services such as consulting, private enterprise, workshops, seminars, conferences, institutes, or short courses provided to any entity or person other than the College.
2. Policy Statement
   Prior to accepting additional employment, and annually thereafter for continuing employment, salaried full- and part-time classified and administrative employees must submit a completed Outside Employment Approval Form to the department head for review. Approval for permission to work outside the normal work schedule within or outside the College may be granted at the department head’s discretion. Full-time classified and administrative employees may work for the College outside of the normal work schedule on a wage basis in positions that are occasional and sporadic, for example as a game-day parking attendant. Classified and administrative employees must use approved annual or compensatory time if the additional work with an outside entity occurs during the normal work schedule of the employee’s regular full-time position.Some outside employment may pose a conflict of commitment, thereby compromising the employee’s effectiveness in his or her primary role with Richard Bland College.  The department head will determine if the additional employment may adversely affect the employee’s performance in the College salaried position and therefore should not be approved.  If the request is granted and job performance subsequently deteriorates, the department head may rescind approval for the outside employment.  Supervisors should contact Human Resources for guidance concerning performance issues.Certain outside employment opportunities or a business ownership interest may pose a real or perceived conflict of interest.  For example, employees may not accept employment with a firm or agency that is in competition with the College for providing goods or services without full disclosure and explicit advance approval.  Outside businesses owned by the employee or by a member of the employee’s immediate family also may pose a conflict if that business intends to sell a product or service to a College entity.  This is explicitly prohibited by state law and is intended to prevent an employee from receiving personal benefit for themselves or their family as a result of College employment.  Department heads should bring any requests for outside employment with the potential for conflict of interests to the attention of College Counsel so that the request may be assessed in relation to the Virginia State and Local Government Conflict of Interests Act, Virginia Code § 2.2-3100 et seq. (see RBC Policy on Conflict of Interests).Guidelines for Participating in Outside EmploymentAdministrative or classified employees participating in outside employment are to adhere to the following set of guidelines:
   1. An administrative or classified employee’s primary responsibility is to the College; however, there are occasions when administrative or classified employees may engage in outside employment.
   2. Outside employment means work for any non-College entity whether or not such work is performed on campus, and includes self-employment.
   3. Administrative or classified employees may not engage in any other employment during the hours for which they are employed by Richard Bland College, except as authorized pursuant to subdivision III.C.7 below.
   4. An administrative or classified employee may not engage in other employment outside his or her Richard Bland College work hours if such employment is deemed to affect the administrative or classified employee’s work performance or is determined to be in violation of the Richard Bland College Conflict of Interests Policy, Code of Ethics, or the Virginia State and Local Government Conflict of Interests Act.
   5. No property or resources belonging to or under contract to the Commonwealth or Richard Bland College may be used for outside employment activities.
   6. An administrative or classified employee who engages in outside employment may not use the name of the College in such a manner as to suggest institutional endorsement.
   7. When authorized outside employment occurs during normal working hours for the College, annual, personal, compensatory, or recognition leave shall be submitted and charged for time away from normally scheduled duties.
   8. Administrative or classified employees are responsible for obtaining department head approval for outside employment before the work begins. Written documentation that describes the nature of the outside employment, the duration of the outside employment, and when the outside employment will be performed must be submitted for approval to the supervisor and the Provost.  The Richard Bland College Approval for Outside Employment Form must be used for this purpose.  Approval must be renewed annually, if applicable.
   9. The approved documentation must be submitted to the Office of Human Resources for filing in the employee’s personnel file, with a copy kept on file in the individual’s department.

   Sanctions

   Failure to comply with this College policy and guidelines may lead to disciplinary action and could include termination of employment from the College.

   Exclusions

   Participation in paid or for points military reserve drills and other military activities are not to be construed to be outside employment under this policy.

   This policy does not apply to work for which no compensation or other remuneration is received, unless such work interferes with the responsibilities of the employee to the College.

   Volunteer work performed without the expectation of, or without a prior intent of, receiving compensation is not considered to be “outside employment.” Additionally, earning investment income or ownership in a venture in which the employee performs no work is not considered to be “outside employment.” 

   1. Related Documents
   • RBC Policy – Conflict of Interests
   • State and Local Government Conflict of Interests Act, 2.2-3100 et seq.
   • Outside Employment Approval Form
   1. Policy Statement
      Prior to accepting additional employment, and annually thereafter for continuing employment, salaried full- and part-time classified and administrative employees must submit a completed Outside Employment Approval Form to the department head for review. Approval for permission to work outside the normal work schedule within or outside the College may be granted at the department head’s discretion. Full-time classified and administrative employees may work for the College outside of the normal work schedule on a wage basis in positions that are occasional and sporadic, for example as a game-day parking attendant. Classified and administrative employees must use approved annual or compensatory time if the additional work with an outside entity occurs during the normal work schedule of the employee’s regular full-time position.Some outside employment may pose a conflict of commitment, thereby compromising the employee’s effectiveness in his or her primary role with Richard Bland College. The department head will determine if the additional employment may adversely affect the employee’s performance in the College salaried position and therefore should not be approved. If the request is granted and job performance subsequently deteriorates, the department head may rescind approval for the outside employment. Supervisors should contact Human Resources for guidance concerning performance issues.Certain outside employment opportunities or a business ownership interest may pose a real or perceived conflict of interest. For example, employees may not accept employment with a firm or agency that is in competition with the College for providing goods or services without full disclosure and explicit advance approval. Outside businesses owned by the employee or by a member of the employee’s immediate family also may pose a conflict if that business intends to sell a product or service to a College entity. This is explicitly prohibited by state law and is intended to prevent an employee from receiving personal benefit for themselves or their family as a result of College employment. Department heads should bring any requests for outside employment with the potential for conflict of interests to the attention of College Counsel so that the request may be assessed in relation to the Virginia State and Local Government Conflict of Interests Act, Virginia Code § 2.2-3100 et seq. (see RBC Policy on Conflict of Interests).

• Guidelines for Participating in Outside Employment
  Administrative or classified employees participating in outside employment are to adhere to the following set of guidelines:

1. 1. An administrative or classified employee’s primary responsibility is to the College; however, there are occasions when administrative or classified employees may engage in outside employment.
   2. Outside employment means work for any non-College entity whether or not such work is performed on campus, and includes self-employment.
   3. Administrative or classified employees may not engage in any other employment during the hours for which they are employed by Richard Bland College, except as authorized pursuant to subdivision III.C.7 below.
   4. An administrative or classified employee may not engage in other employment outside his or her Richard Bland College work hours if such employment is deemed to affect the administrative or classified employee’s work performance or is determined to be in violation of the Richard Bland College Conflict of Interests Policy, Code of Ethics, or the Virginia State and Local Government Conflict of Interests Act.
   5. No property or resources belonging to or under contract to the Commonwealth or Richard Bland College may be used for outside employment activities.
   6. An administrative or classified employee who engages in outside employment may not use the name of the College in such a manner as to suggest institutional endorsement.
   7. When authorized outside employment occurs during normal working hours for the College, annual, personal, compensatory, or recognition leave shall be submitted and charged for time away from normally scheduled duties.
   8. Administrative or classified employees are responsible for obtaining department head approval for outside employment before the work begins. Written documentation that describes the nature of the outside employment, the duration of the outside employment, and when the outside employment will be performed must be submitted for approval to the supervisor and the Provost. The Richard Bland College Approval for Outside Employment Form must be used for this purpose. Approval must be renewed annually, if applicable.
   9. The approved documentation must be submitted to the Office of Human Resources for filing in the employee’s personnel file, with a copy kept on file in the individual’s department.
2. Sanctions
   Failure to comply with this College policy and guidelines may lead to disciplinary action and could include termination of employment from the College.
3. Exclusions
   Participation in paid or for points military reserve drills and other military activities are not to be construed to be outside employment under this policy. This policy does not apply to work for which no compensation or other remuneration is received, unless such work interferes with the responsibilities of the employee to the College. Volunteer work performed without the expectation of, or without a prior intent of, receiving compensation is not considered to be “outside employment.” Additionally, earning investment income or ownership in a venture in which the employee performs no work is not considered to be “outside employment.”
4. Related Documents
   • RBC Policy – Conflict of Interests
   • State and Local Government Conflict of Interests Act, 2.2-3100 et seq.
   • Outside Employment Approval Form
5. Contacts

Policy History
Approved July 1, 2018
Revised July 1, 2020

1250 Mobile Communication Device Allowance

Policy Number: 1250
Policy Name: Mobile Communication Device Allowance
Responsibility for Maintenance: Director of Human Resources

1. Policy Statement
   The college recognizes that the performance of certain job responsibilities may be enhanced by the use of mobile communication devices. The purpose of the policy is to provide procedures for the qualification, authorization, deployment, and use of mobile communication devices for which authorized employees receive a monetary allowance.
2. Reason for Policy
   Employees whose duties and responsibilities require them to maintain significant mobile communication device contact with the college while away from the office or to be accessible after normal working hours may be eligible for compensation in the form of a semi-monthly mobile communication device allowance to pay for the business portion of their plan. The college will not provide college-owned wirelesscommunication devices and related services for individual employees, unless approved by the President as an exception to this policy.Eligibility for a mobile communication device allowance is determined on a position by position basis by each department and approved by the President. A review of the rates contained in the COV Mobile Device Allowance Agreement Form (“The Agreement”) will be conducted annually as part of the annual contract renewal process.
3. Applicability of the Policy
   Any employee authorizing or using a communication device (for which the college provides a monetary allowance).
4. Related Documents & Policy
   • COV Mobile Device Allowance Agreement Form
   • Virginia Department of Human Resource Management Policy 1.75 on Use of Electronic Communications and Social Media.
5. Contacts 

6. Procedures
   1. Mobile Communication Device Allowance: Qualified employees whose job duties require the frequent need for mobile communication device services may receive supplemental compensation (in the form of a mobile communication device allowance) to cover the business-related use of an employee’s personal mobile communication device. The policy assumes that for most employees, the device will be used for both business and personal use and it is therefore appropriate for the college and employee to share the overall costs. The amount of the allowance is not intended to cover the full cost of the employee’s monthly service plan.Qualified employees are eligible for a semi-monthly allowance for voice, text and data as outlined in the COV Mobile Device Allowance Agreement Form.The allowance may be increased, decreased, or eliminated should the nature of the employee’s job change and a modification to the allowance is required.Any device for which the College provides an allowance is subject to all College data access, management, and privacy policies and must be protected to the maximum extent when College data is involved.
   2. Eligibility for a Mobile Communication Device Allowance: It is the responsibility of the employee’s department head to determine whether the employee’s job duties and responsibilities require that an allowance should be granted. The college defines the following criteria to receive the allowance:
      • The position requires the employee to spend considerable time outside the office (travel, meetings, conferences, etc.) and use of a mobile device facilitates the effective maintenance of business operation while away.
      • The position requires the employee to be immediately accessible to receive and/or make calls or communicate information outside of working hours on a consistent basis.
   3. Authorization for Mobile Communication Device Allowance: The decision to incur a business expense for allowances must be carefully evaluated by the department head from a cost/benefit perspective. If the department head determines that the employee’s job duties and responsibilities meet the qualifications for an allowance, the department head must complete the Agreement. The Agreement must be completed objectively and should not result in a higher allowance to accommodate personal use. Department heads should determine a reasonable anticipated average usage of voice minutes and/or data service per month needed to conduct business and then select the lowest level to accommodate that need. Authorization by the President must be obtained before the allowance will take effect. Allowances will be included in the next regular payroll process after receipt in Human Resources (on the 10th or 25th of the month) and NO allowances will be processed retroactively.If the employee transfers to another RBC department, resigns or is terminated, the department head must submit timely notification to Human Resources so that the allowance can be terminated. If the employee transfers to another job within RBC and still qualifies for the allowance, the new department head must submit a new Agreement to add the allowance to the new job.Annual Review: Department heads are required to review allowances on an annual basis and determine whether the employee’s job requirements still justify continuing the allowance. All adjustments must be coordinated with Human Resources in a timely manner to properly adjust pay.

Policy History
Approved November 20, 2015
Updated January 11, 2017
Revised August 1, 2019

1260 COVID-19 Face Covering/Mask Policy

Policy Number: 1260
Policy Name: COVID-19 Face Covering/Mask Policy
Responsibility for Maintenance: Director of Human Resources

I. Policy Statement
To ensure the health and safety of the RBC campus community and the public,  face coverings,  which cover the nose and mouth, must be worn by students, faculty, staff, contractors, vendors and visitors while inside a College facility or on any College property when in the presence of others.  Noncompliance with this policy may pose a threat to the wellbeing of others, and  subject an individual to progressive remediation under College administrative and/or state conduct policy.

II. Reason for Policy
The purpose of this policy is to establish the rules and procedures for the COVID-19 face covering requirement for all College properties.

This requirement is in accordance with federal and state workplace safety requirements and with state and local public health directives. This policy will remain in effect until otherwise communicated.

III. Applicability of the Policy

This policy is applicable to all employees and students of Richard Bland College as well as all vendors, contractors and visitors unless specifically exempt.

This policy does not solely replace or limit job-specific and task-specific personal protective equipment (PPE) requirements, such as gloves and goggles. Refer to the Guidance on Preparing Workplaces for COVID-19 for job-specific PPE requirements.

IV. Related Documents
Richard Bland College Safe and Secure Plan 2020
OSHA and DHHS Guidance on Preparing Workplaces for COVID-19 – https://www.osha.gov/Publications/OSHA3990.pdf

IV. Procedures 

• Individuals may provide their own face covering for personal use.
• Richard Bland College will provide one cloth face covering for all students, faculty and staff.
• Individuals are responsible for laundering and all other maintenance of their face coverings in accordance with CDC guidelines.
• Face coverings and N95 masks that feature an exhalation valve must not be worn without prior approval from the appropriate authority at RBC.

VII. Exemptions from this policy
Face covers are not required when:

• A person is eating or drinking at a food/beverage establishment on College property.
• A person is hearing-impaired and uses facial and mouth movements as part of communication (should a clear mouth face covering not be available).
• A person seeking to communicate with a hearing-impaired individual for which the mouth needs to be visible (should a clear mouth face covering not be available).
• A person with an approved accommodation due to a health condition that keeps them form wearing a face covering.
• A person has been advised by a medical professional that wearing a face covering may pose a health risk to them.
• A person who has trouble breathing or is unconscious, incapacitated or otherwise unable to remove the face covering without assistance.
• Babies and toddlers under the age of two who should never wear cloth face coverings due to the risk of suffocation.
• Face coverings are not required when (a) working in or spending time alone in a personal workspace or office, (b) operating a single occupancy College vehicle, (c) teleworking, (d) inside a private on campus residential room or suite if they are with members of their “family” group, under certain conditions when working a job that is outdoors with supervisory approval, and (f) exercising outdoors where at least a six-foot distance can be maintained.

Additional accommodations will be determined on a case-by-case basis with Human Resources or the Office of Disability Services.

VIII. Enforcement of this Policy
RBC will provide education regarding COVID-related health and safety measures, following that training employees, students and the RBC community will be expected to comply.

Employees:  Employees must wear face coverings to support the health and well being of themselves, their colleagues and the RBC community.  These requirements are a condition of employment.  Employees who do not comply must be reminded of the policy by their supervisor and provided additional education or training if needed.  If an employee fails to comply, supervisors must contact the Office of Human Resources for remedial or corrective action.  Employees who state that they are unable to wear a face covering due to health concerns must request a formal accommodation through the Office of Human Resources.

Students:  Students must comply with face covering requirements at all times when on a College property. If a student is seen without a face covering, a polite verbal request for compliance should be made and the student should be offered information about how to obtain a replacement covering on campus.  Students may not be permitted to attend in person classes without a face covering.  Students who are unable to wear a face covering due to health concerns must request a formal accommodation through the Office of Student Success.

Contractors, vendors, visitors and members of the public: Contractors, vendors, visitors, and members of the public are required to follow face covering requirements at all times when in a College property.  Those who are not following the College policy shall be greeted with a polite verbal request for compliance with this policy.  Contractors, vendors and others who fail to comply with this policy are to be reported to the Department of Campus Safety and Police.

Policy History
Approved August 14, 2020

1261 COVID-19 Employee Vaccination Status and Test Reporting

Policy Number: 1261
Policy Name: COVID-19 Employee Vaccination Status and Test Reporting
Responsibility for Maintenance: Director of Human Resources

I. Policy Statement 
Executive Directive Eighteen (the Directive) was issued by the Governor of Virginia on August 15, 2021. The Directive, effective September 1, 2021, directs all Executive Branch Employees and state contractors who enter the work place or who have public-facing duties to disclose their vaccine status to the Richard Bland College (the College), Office of Human Resources. Further, the Directive requires all Executive Branch Employees who are not fully vaccinated or who refuse to disclose their current vaccine status to undergo weekly COVID-19 testing and to disclose weekly test results to the Office of Human Resources.

Noncompliance with this policy may result in disciplinary action up to and including termination.  RBC supports an environment free from retaliation. Any retaliation against an employee who brings forth a good faith concern, asks a clarifying question, or participates in an investigation is prohibited. 

II. Reason for Policy
The purpose of this policy is to establish the rules and procedures for all employees of the College to ensure compliance with the Directive.

III. Applicability of the Policy
This policy is applicable to all employees and student workers of Richard Bland College, including all vendors, contractors and visitors unless specifically exempt.

IV. Related Documents

Richard Bland College Safe and Secure Plan 2021 – Richard Bland College | Safe and Secure Plan 2021-2022 (rbc.edu)

OSHA and DHHS Guidance on Preparing Workplaces for COVID-19 – https://www.osha.gov/Publications/OSHA3990.pdf

Governor’s Executive Directive Number Eighteen – Ensuring a Safe Work Place

https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/ED-18-Ensuring-a-Safe-Work-Place.pdf

VI. Procedures

1. The Office of Human Resources will establish, implement and maintain a record-keeping procedure for submitting, receiving, reviewing, verifying and retaining documentation of each employee’s vaccination status.
2. Any employee documentation received by the Office of Human Resources may be subject to verification, and additional information may be requested from the employee if, within the discretion of the Office, the documentation is incomplete or unclear.

Employees who are fully vaccinated and consent to disclosing their vaccine status must provide documentation of their COVID vaccine inoculation(s) and date(s) administered. Fully vaccinated employees are not subject to additional requirements per the Governor’s Directive. Employees may present the following information to satisfy this provision:

a. Vaccination card(s) [front and back] COVID vaccine inoculation cards provide all needed documentation. Cards may be hard copy or electronic.
b. Health Care Records – If employees do not have vaccination cards, they may provide documentation from their health care provider (physician or pharmacist) noting the dates the vaccination(s) was administered.
c. VDH Documentation- In the absence of a vaccination card or health care record, employees may provide documentation from the Virginia Department of Health or other public entity.
3. Employees who are partially vaccinated¹ and consent to disclosing their vaccination status must report that they are not fully vaccinated. These employees are subject to additional requirements per the Governor’s Directive until they attain full-vaccination status. Additionally, partially vaccinated employees may present the following information to satisfy this provision:
a. Employees may submit their partial documentation and supplement with additional information as outlined in VI.2 above.
b. Once fully vaccinated (after satisfying required vaccination waiting period), the employee must update their records to demonstrate their inoculation status.
4. Employees who are not vaccinated and consent to disclose their vaccine status are subject to additional requirements per the Governor’s Directive.
5. Employees who do not wish to disclose their vaccine status, regardless of actual vaccine status, are subject to additional requirements per the Governor’s Directive.
6. Should an employee elect to be vaccinated after the effective date of the Governor’s Directive, and agree to disclose their vaccine status, that employee must update their record and submit documentation that they have successfully achieved full vaccination status as outlined under VI.2.
7. Employees who transfer from one state agency to another must fully disclose their vaccination status in accordance with the new agency’s procedures.
8. Records of the employee’s vaccination status will not be maintained in the employee’s personnel file but will be kept confidentially in a separate file. An employee’s vaccination status is not considered to be protected health information (PHI) as prescribed by the Health Information Portability and Accountability Act (HIPAA); however, such information is deemed private and personal information subject to protection under the laws of the Commonwealth.
9. Access to an employee’s vaccination status shall be limited only to those individuals having a legitimate business reason to know.
10. Storage, access, and retention schedules will align with those for medical records.
11. Human Resources Staff to whom the documentation (vaccine card, health provider’s confirmation or other public health verification) is presented must attest to the vaccination status based on the information received.
12. Copies of the vaccine card or other relevant documentation may be retained at the discretion of the College.

VII.  Non-Compliance
Employees who fail to comply with Executive Directive Eighteen and applicable State and agency policies will be subject to disciplinary action, up to and including termination.

VIII. Medical and Religious Exemptions
Employees may request exemption from the vaccination requirement for medical or religious reasons only. Please note that employees who are granted exemptions will be required to participate in mandatory weekly prevalence testing, similarly to those who are not fully-vaccinated or who do not consent to disclose their vaccine status.

1270 Teaching Faculty and Administrative & Professional Employee Compensation Guidelines

Policy Number:  1270
Policy Name:  Teaching Faculty and Administrative & Professional Employee Compensation Guidelines
Responsibility for Maintenance:  Director of Human Resources

POLICY STATEMENT
The purpose of this policy is to explain the types of faculty appointments at Richard Bland College (RBC) and the guidelines to be followed in setting or modifying salaries and other compensation.

Noncompliance with this policy may result in disciplinary action up to and including termination. RBC supports an environment free from retaliation. Any retaliation against an employee who brings forth a good faith concern, asks a clarifying question, or participates in an investigation is prohibited. 

WHO SHOULD KNOW THIS POLICY
The following are responsible for knowing this policy and familiarizing themselves with its contents and provisions.

• Department Heads
• Teaching Faculty (Tenured Faculty, Tenure-Eligible Faculty, Specified-Term Faculty, Full-Time; Specified-Term, Part-Time (Adjunct)
• Administrative & Professional Employees with personnel responsibilities

CONTACTS
The Office of Human Resources in collaboration with the College President officially interprets this policy and is responsible for obtaining approval for any revisions as required through the appropriate governance structure. Please direct policy questions to the Office of Human Resources.

FACULTY APPOINTMENTS
Richard Bland College (RBC) offers the following full-time and part-time faculty appointments:

• TEACHING FACULTY – Appointments within this category customarily require performance of work directly related to student instruction. These appointments are held under one of the following categories: tenured, tenure-eligible, part-time and specified-term faculty. These categories may include faculty rank designations as professor, associate professor, assistant professor, or instructor.
  • Qualification Criteria – The minimum requirements for any teaching faculty appointment generally include a master’s degree and a minimum of eighteen graduate hours in the area of instruction. In exceptional cases, equivalencies may be considered and approved on the basis of unusual circumstances at the discretion of the Chief Academic Officer with concurrence from the President. Such arrangements will be delineated in writing at the time of the faculty member’s hiring, and documentation relating to the arrangement will be maintained in the faculty member’s professional file on deposit with the College, as well as by the Provost Office.

• ADMINISTRATIVE & PROFESSIONAL EMPLOYEES (A&P) – Appointments within this category typically require performance of work directly related to the management of a department or sub-department of a major academic or administrative unit. Typically, A&P employees are exempt employees under the provisions of the Fair Labor Standards Act (FLSA), and are not subject to the FLSA provisions governing the payment of overtime; and report directly, or through one other person, to the President. A&P 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. Examples of such appointments are: the heads of departments such as student life, athletics, human resources, campus safety and police, information and technology services, and capital assets and operations.
  • Qualification Criteria – AP positions require a high level of knowledge, discretion, independent judgement, and advanced education, special training, and/or prolonged, specialized experience.

• SPECIFIED-TERM, PART-TIME (ADJUNCT) – Qualified individuals may be appointed to part-time, short-term (generally one (1)-semester) contracts in which the appointees primary activity is to provide student instruction in specific courses. Adjunct faculty do not qualify for benefits and time served does not accrue toward tenure. Adjunct faculty can be full-time employees and retirees of the College.

• RETIRED FACULTY (Emeriti) – Upon recommendation of the President, and following completion of ten (10) or more years of full-time, continuous service and retirement under the laws of the Commonwealth of Virginia, retired members of the faculty may be awarded the rank of emeritus/a[1]. Professors in the ranks of assistant, associate, and full professor who receive emeritus/a status will be awarded their respective emeriti ranks upon retirement. Additionally, academic administrators who retire with a record of exceptional service and meet these criteria will be considered for emeritus/a Emeritus/a standing at Richard Bland College includes the following privileges: ID card, parking decal, library privileges, email account, and inclusion in all faculty listings.

TEACHING FACULTY and A&P RECRUITMENT
RBC utilizes a search process that is administered by the Office of Human Resources. The intent of this process is to recruit the best possible faculty and staff to enhance efforts to increase the diversity of the workforce, to include women and minorities.

NOTICE OF APPOINTMENTS AND CHANGES IN STATUS
Teaching faculty and A&P appointments, or changes in status, will be specified in a written notice of appointment issued to the employee by the President.

In most cases, the notice will include the following information: rank (applicable to teaching faculty), academic/administrative unit(s) in which the appointment is made, type of appointment (teaching, A&P, adjunct), period of appointment, whether it is part-time or full-time, and salary. Please refer to the Faculty Handbook and Policy Number 1100 – Designation, Appointment and Termination of A&P Employees for additional information about teaching faculty and A&P employee appointments and changes in status.

TERMS AND CONDITIONS OF EMPLOYMENT
All teaching faculty and A&P appointment letters are accompanied by a statement of Terms and Conditions of Employment, which is incorporated by reference into the appointment letter. This document details the policies and conditions to which faculty must adhere, including the Code of Conduct, provisions of the Faculty Handbook, as well as all College policies, procedures and regulations pertaining to teaching faculty and A&P employees. Any violation of these Terms and Conditions could result in disciplinary action, up to termination of employment.

TRANSCRIPTS
It is a condition of employment that all new teaching faculty are required to submit documentation to Human Resources affirming that they have requisite academic qualifications for the position for which they have been hired. Failure to comply with this documentation requirement and/or misrepresentation of professional credentials may result in termination of the appointment. In most instances, the required documentation will be an original, official, seal-bearing transcript from the institution that awarded the faculty member’s academic degrees.

BENEFITS AND PAYROLL
The Human Resources staff coordinates faculty benefits, which may, depending on appointment, include: health care, retirement, life insurance, disability insurance, flexible reimbursement accounts, tax-deferred annuities, leave (including the Virginia Sickness and Disability Program), workers’ compensation, and work/life resources. Additionally, Human Resources coordinates required deductions, manages direct deposits of salary, and other matters involving wage and salary payments to employees.

RBC’S COMPENSATION PLAN
In 2021, a research-based RBC Compensation Plan was developed and implemented in accordance with the findings and recommendations of a higher education compensation specialist. The Plan serves as the framework for sound compensation practices that support the mission of the college. The basis of the plan ensures that salaries are internally equitable and aligned with competitive market data.

In addition to ensuring that employees are appropriately compensated for their work, a major goal of this plan is to attract, retain and increase a diverse faculty and staff who are prepared to deliver high-quality service commensurate with the expectations set forth in the mission and the strategic plan of the college. Additional goals of this Compensation Plan, and any future plans, are to:

• Align RBC salaries overall within the appropriate competitive market for the job. For teaching faculty, competitive markets also include other similarly or slightly higher ranked schools in a comparable field.
• Establish and maintain internal base pay equity by considering differences in skill, effort, experience, contribution, service and responsibility among incumbents in like jobs.
• Pay for performance (base pay changes and promotions) based on sustained contribution.
• Provide variable compensation (recognition award, annual bonus, incentive) for short-term contributions/achievements.
• Offer a total rewards package viewed as valued by employees and flexible to accommodate changing business and market conditions.
• Encourage value-added contributions to the College and careers by better linking career development, performance management and rewards.
• Provide compensation and benefits within RBC’s financial ability to pay, which supports a performance-based culture.

PAY ADMINISTRATION
The Human Resources Office will provide compensation advice and guidance to department heads to assist them in making salary recommendations, with final approval by the College president. This includes providing information on market data, internal alignment and up-to-date salary structures. HR will ensure that all pay actions are within established guidelines and are appropriately documented to ensure compliance with applicable Federal and State legislation.

[1] Approval of any recommendation of emeritus status may require approval by the Board of Visitors for the College of William and Mary.

9 Month Teaching Faculty Ranges

[1] *Faculty hiring ranges will be reviewed on an annual basis by the Office of Human Resources.

FACULTY RANK (as defined in the Faculty Handbook)

• PROFESSOR

A faculty member must:

• Complete at least six (6) years as associate professor, or, in rare cases, be awarded consideration of an equivalency by the Chief Academic Officer.
• S/he must have a minimum of twelve (12) years of college teaching experience (or equivalency), and a terminal degree in his/her field. The MFA can be considered a terminal degree for a faculty member whose field is theater or studio art. The MBA can be considered a terminal degree in business.

• ASSOCIATE PROFESSOR

A faculty member must:

• Complete four (4) years’ service as an Assistant Professor at the College, or, in rare cases, be awarded consideration of an equivalency by the Chief Academic Officer.
• Have at least six (6) years in total of college-level teaching.

• ASSISTANT PROFESSOR
  The faculty member must:

• • Have completed two (2) years’ service as an instructor at the College, or in rare cases, be awarded consideration of an equivalency by the Chief Academic Officer;
  • Hold a master’s degree in the field of appointment, or, in rare cases, be awarded consideration of an equivalency by the Chief Academic Officer;
  • Demonstrate performance that reflects promise of the candidate’s being a strong addition to the College in his/her professional field, and
  • Submit a satisfactory portfolio for review prior to promotion, as described above.

• INSTRUCTOR
  The faculty member must:
  • Hold/have a master’s degree and/or a minimum of eighteen (18) graduate hours in the area of instruction, or, in rare cases, be awarded consideration of an equivalency by the Chief Academic Officer.

*12 Month Administrative & Professional Salary Ranges

SALARIES AND SALARY CONVERSIONS
Salaries of RBC teaching faculty and A&P employees are established and approved through RBC’s Compensation Plan. Recommendations by the appropriate chair, director or department head will be reviewed by Human Resources with final approval by the College President.

ADMINISTRATIVE SALARY SUPPLEMENTS
Administrative salary supplements will be determined by the College President, in collaboration with the Office of Human Resources, and will be specifically identified in the appointment letter; it will be noted that should the duties no longer be performed, the supplement will be removed accordingly. Administrative salary supplements may be requested for increased responsibilities and/or changed job assignments (e.g. for department chairs). These supplements may also be requested for temporary duties, such as for an interim/acting appointment. All salary supplement requests are subject to final approval by the College President.

PROCEDURES FOR SALARY CONVERSIONS
The standard conversion rate for teaching faculty who convert from a 9-month to a 12-month appointment is 122{5b2ffe48c25fcf1af74449cb013cf6cb1d7085e045a358d699fdbf39f60480b9} of the 9-month salary. The standard conversion rate for A&P employees who change from a 12-month appointment to a 9-month teaching appointment is 82{5b2ffe48c25fcf1af74449cb013cf6cb1d7085e045a358d699fdbf39f60480b9} of the 12-month salary. If a 9-month or 12-month employee has an administrative supplement, the supplement should first be removed before the salary is converted to either a 9- or 12-month base salary.

[3] **A&P salary ranges will be evaluated and updated on an annual basis by the Office of Human Resources.
[4] ***Position Classification will be determined by the Office of Human Resources in collaboration with the hiring manager based on the specific needs of the department and the College.

PROMOTION
A promotion is defined as movement to a different role with significant increase to job duties and responsibilities. Promotions may or may not require a search and may allow for variable increases depending on the level of the new position. All salary increases are subject to approval by the College President.

Please refer to the Faculty Handbook for information about teaching faculty promotions in rank.

REASSIGNMENTS
The President has complete discretion to reassign administrative duties and titles at any time. Additionally, the Chief Academic Officer may relieve teaching faculty members from teaching, or teaching faculty members who also hold an administrative appointment from those administrative duties, at any time. Please refer to Policy Number 1100 – Designation, Appointment and Termination of A&P Employees for additional information on reassignments.

MERIT INCREASES
A&P employees shall be subject to formal and periodic evaluations of their administrative performance. Written performance evaluations of A&P employees shall be conducted, and pay increases, when funds are available, shall be based on an objective analysis of the performance of each individual. All salary increases will be reviewed by Human Resources and compared to current market data/internal equity review to ensure internal alignment. Final approval by the College President is required. Please refer to Policy Number 1100 – Designation, Appointment and Termination of A&P Employees for additional information.

Teaching faculty whose original employment by the College is certified by the Board of Visitors, receive annual performance reviews from their department chairs and the Chief Academic Officer. If promotion in rank is at issue, subsequent Board approval of that change in status is required. To fund faculty salary adjustments, Richard Bland College uses money appropriated by the General Assembly. Depending on availability of funds, all faculty members are considered for annual salary increases. These increases will be geared toward reducing inequities, recognizing promotion, and merit. Please refer to the Faculty Handbook.

BONUS AWARDS
Bonuses may be awarded to those employees whose performance exceeds the normal expectations and requirements for their position, or for superior accomplishments or achievement. Bonuses are a one-time lump sum award for exceptional performance beyond the prescribed expectations of an employee’s duties. All bonus awards require prior approval by the College President.

SALARY INCREASES FOR EXPANDED/ADDITIONAL DUTIES
Opportunities to receive additional compensation, such as a salary adjustment for an expansion of duties (permanent or temporary), may be considered for teaching and A&P faculty, which may or may not include a title change. Approved temporary changes in duties/job responsibilities are to be compensated on a temporary basis defined by the term of the additional responsibilities. Human Resources will review all salary increase recommendations, compare competitive market data, and conduct an internal equity review to ensure internal alignment, with final approval required by the College President.

ADJUNCT & OVERLOAD CONTRACT PROCEDURES & DEADLINES
Adjunct and overload contracts will not be issued before the last day to add a class. Adjunct and overload contracts will be emailed within 10 – 14 days after the add/drop period. Payment schedules, however, will be released prior to the start of each academic semester.

ADJUNCT & OVERLOAD SALARY SCHEDULE
Adjunct faculty members, teaching faculty and A&P employees teaching overloads will be paid according to the following salary schedule as long as the class meets minimum enrollment. Adjunct rank is determined at the time of hire using the same criteria as full-time faculty.

*Faculty Salary Schedule For Adjunct & Full-time Faculty Overload

****The Faculty Salary Schedule for Adjuncts & Overloads will be reviewed by Human Resources on an annual basis.