Equal Employment Opportunity

Policy Manual 10.26.21

5.12 ACADEMIC FREEDOM POLICY

The Board of Trustees recognizes that an essential role of Hinds Community College is the pursuit and dissemination of knowledge. Academic freedom respects the dignity and rights of others while fostering intellectual freedom of faculty to teach. Responsible academic freedom enriches the 41 contributions of higher education to society. In upholding this tradition, the Board also recognizes its responsibility to maintain both academic freedom and the College’s autonomy.

Faculty members who feel that their academic freedom has been violated, can submit formal complaints by following the guidelines set forth in Section 10.15 Employee Grievance & Due Process Procedure.

See 10.15 Employee Grievance & Due Process Procedure Manual
(Revised: 01/2021)

Policy Manual 10.26.21
7.34 ACTIVE MILITARY STATUS POLICY

The Board of Trustees of Hinds Community College respects the selfless public service rendered by the citizens of the State of Mississippi who serve in active or reserve duty of the armed forces. The Board establishes the following policy to accommodate students who are called to active military duty:

• Withdrawal and Refund of Tuition and Fees
  Any student who has enrolled at Hinds Community College under the governance of the Board, who:
  • Is a member of the Mississippi National Guard, or one or more units of the
    Mississippi State Guard; or,
  • Is a member of any of the reserve components of the armed forces of the United States, and who has been placed in active duty status by order of the President of the United States; or,
  • Has been drafted into any component of the armed forces of the United States,

    May be allowed to withdraw as a student of the College without academic penalty, with a full tuition refund, including out-of-state fees, if applicable, student fees and any special fees, with room and board fees prorated with the approval of the President.

• Completion of Course Work
  The College shall use distance learning technologies and other educational methodologies, to the extent possible as determined by the College, to enable active duty military students, under the guidance of faculty and administrative staff, to complete their course requirements.
• Final Exam Completion Option
  Any student who has completed at least seventy-five percent (75%) of the semester, is in good standing with the College, and needs only to take the final examination to complete the semester has the option to leave the College pursuant to this policy without their class standing being affected and without refund of any of the above fees or tuition. However, within ninety (90) days after release from active duty orders, the student must arrange to take the final examination. The score on the final exam plus the finished semester’s work will constitute the student’s final grade.

It is the intent of the Board that the President and academic administrators assist military personnel called to active duty, who cannot otherwise complete the semester or academic term, to complete their course work as efficiently is practical.

(Revised 01/2021)

Policy Manual 10.26.21 (pages 11-12)
2.14 ADMINISTRATION ANTI-DISCRIMINATION POLICY

As adopted herein by the Board of Trustees of Hinds Community College, it is the policy of the Board to establish, promote and maintain an environment in which employees may work and students can fully reap the benefit of education, training and support that is free of discriminatory practice in institutional operations and employment practices. As such, the Board adopts a zero-tolerance policy of discrimination. All members of the campus communities and visitors to the several campuses are expected to conduct themselves in a manner that contributes to such an environment.

For purposes of this policy, discrimination is defined as:

“Any adverse action taken or impact imposed on any employee, student or visitor, based upon any classification protected under the Equal Employment Opportunity Act of 1972, 12 including race, color, national origin, religion, gender, sexual orientation, disability, age, genetic information, political affiliation, or any legally protected classification.”

Anti-discrimination also extends to access by employees, students and visitors to any applicable facilities, benefits, and programs offered by the College. Discrimination includes any actions deemed to violate any of the following measures:

• Titles VI and VII of the Civil Rights Act of 1964 and 1991;
• Title IX of the Education Amendments Act of 1972;
• The Age Discrimination Act of 1967;
• The Vocational and Rehabilitation Act of 1973;
• The Americans with Disabilities Act of 1990;
• The Family Medical Leave Act of 1993;
• Sections 799A and 845 of the Public Health Service Act;
• Equal Pay Act of 1963;
• Executive Acts 11246 and 11375;
• All as may be amended from time to time; and,
• Any other applicable federal, state or local law or ordinance.

The Board directs that this policy be widely distributed and displayed in official College publications and upon the College’s website. The Board further directs that the College President, or designee, and administration develop and administer procedures for the identification and investigation of alleged discrimination, grievance procedures, and appropriate remedies. In addition, the Board directs that this policy be fully applied in settings, activities and circumstances, as follows:

1. On any campus or property controlled by the College;
2. During any College-sponsored program or activity;
3. When the effects of the conduct could have a discriminatory effect on the College, its employees, contractors, vendors or visitors; and,
4. In incidents when both the complainant and alleged violator are identified in one of the above roles.

The College shall take disciplinary action according to its disciplinary procedures. In addition, the College will not tolerate any form of retaliation against any employee or student that brings legitimate concerns of discrimination forward to management, to regulatory agencies, or to individuals who participated in the investigation.

See. 2.14 Administration Anti-Discrimination Procedure Manual
See 7.39 Sexual Misconduct Policy
(Revised: 01/2021)

Policy Manual 10.26.21
10.01 COLLEGE PERSONNEL SYSTEM

1. Policy Statement
   The Hinds Community College Board of Trustees is authorized to establish a Personnel System and personnel policies, not inconsistent et seq. with The United States Code and all such other applicable statutes, rules, and regulations, addressing personnel items that the Board has established and required.

   The Board of Trustees will endeavor to adopt, publish and implement personnel policies consistent with the aforementioned, and from time to time will receive from the President such recommendations for amendments to existing personnel policies, and additions thereto in the absence of existing policy, to provide for the equitable and efficient administration and disposition of all institutional personnel matters.

   The Board further recognizes the practice of shared governance within the institution, wherein Trustees establish personal policies and the President and designee(s) carry out such policies through administrative procedures, not inconsistent with policy, established by the administration for the effective management of personnel. When there is conflict between policy and procedure, established Board policy prevails.

   The adoption by the Board of Trustees of this College Personnel System supplants and replaces all such policies heretofore in effect.

2. Equal Employment Opportunity
   Hinds Community College provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, marital status, parental status, genetic information, sexual orientation, gender identity and expression, age, disability, citizenship status, or status as a veteran, in accordance with applicable federal, state and local laws, regulations and orders. As such, the College prohibits any discriminatory practice with respect to employment.

   In addition, the College complies with applicable federal, state and local laws governing nondiscrimination in employment in every location in which the College has facilities or a physical presence. This policy applies to all terms and conditions of employment, including, but not limited to recruitment, hiring, placement, promotion, termination, reduction in force (RIF), recall, transfer, leaves of absence, compensation, and training.

   Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of Human Resources or and/or the institutions EEOC representative. The College will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. To ensure the workplace is free of barriers, violation of this policy will lead to disciplinary actions, up to discharge of employment.

   The State and any county, municipality, or any other political subdivision may not employ or continue to employ a person who has been convicted or pled guilty in any court of this state, another state, or in a federal court of a felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person’s office or employment or money coming into the person’s hand by virtue of the person’s office or employment.

All employees are subject to a preliminary 90-day probationary period.

(Revised: 01/2021)

Policy Manual 10.26.21
7.25 CRIME AWARENESS AND CAMPUS SECURITY POLICY

Hinds Community College seeks to promote a teaching and learning environment that is safe for all students, faculty, staff, and visitors while on College premises. Contributing to the safety of the teaching and learning environment are rules for safety within facilities and across all campuses and at locations under the control of the College. College personnel have the responsibility of exercising reasonable care for the safety of students and actively participate in reporting incidents through publication of the annual Clery Report. Each student is also obligated to see dangers that can be detected and avoided by the degree of care exercised by a reasonably prudent person. Students are expected to exercise ordinary care for their own safety against injury. The President and designees are encouraged to establish and publish guidelines and processes to promote safe campus environments.
See 7.25 Crime Awareness and Campus Security Guidelines and Processes

(Revised: 01/2021)

Policy Manual 10.26.21
10.15 EMPLOYEE GRIEVANCE AND DUE PROCESS POLICY

1. Policy StatementHinds Community College requires that each employee, in the execution of their assigned duties and responsibilities, be treated fairly in every respect. The College intends that employees work in an environment conducive to balanced and productive relationships. It is, therefore, the policy of the College that issues of conflict are to be resolved according to established administrative procedures. Toward that end, the College herein establishes procedures and protocols for fair and orderly resolution of complaints and grievances.
2. Definitions
   1. Complaint: An expression of displeasure or dissatisfaction with some phase of operation of the College and/or with the actions of another individual. Typically, the complaint is directed toward the organization, toward the supervisory structure of the college, or a workplace situation. The resolution of a complaint should first be by discussion, and then follow the procedure hereinafter outlined.
   2. Grievance: A grievance is defined as a “perceived misinterpretation, inequitable application, or violation of College policy pertaining to conditions of work or disciplinary actions affecting the employee.” A grievance is usually not resolved informally; rather, it is and should be addressed thought the procedure hereinafter outlined.
3. Application of PolicyThis policy does not apply to dismissal, reduction-in-force, non-renewal, or other matters of employment status unless there is a contention that any such action was in violation of written 99 college policies, procedures, regulations or in violation of any applicable federal or state law. It also does not apply to disciplinary actions, in performance appraisals, or in processes designated in other College policies. This grievance policy does not apply to any grievance that is also the subject of a pending court action or administrative proceeding that was instituted prior to the time of filing of the grievance. The college has adopted a complaint and grievance procedure to assure all current full-time professional level employees of the College will have their complaint or grievance considered fairly and quickly, in a non-threatening atmosphere, and at the lowest administrative unit level.

See 10.15 Employee Grievance and Due Process Procedure
(Revised: 01/2021)

Policy Manual 10.26.21
EQUAL EMPLOYMENT OPPORTUNITY (EEO) CATEGORIES

1. Executive, Administration and Management – This group includes the President, Vice Presidents, and those professional level persons directly reporting to them in the College. This category includes persons whose assignments require primary responsibility for management of an institution, or a customarily recognized department of subdivision thereof.
2. Faculty – This category includes Instructors in Academic, Technical, Career, and Continuing Education classes/programs.
3. Professional Non-Faculty – This category includes all persons in the organizational structure with assignments that would require either college degree completion or specialized experience and who have one or more persons above them who report directly to a Vice President. Student Services, Counselors, Media/Library personnel, Computer Center, Business Services, Auxiliary Services, etc., fall in this category.
4. Technical – Included in this category are persons whose assignment require specialized knowledge or skills, including computer operators and programmers, media specialists, licensed vocational nurses, and others defined as technical 115 assignments. These includes persons that perform some duties of a professional or technician in a supportive role.
5. Clerical – Includes persons whose assignments are associated with clerical activities, including secretaries, clerks, receptionists, bookkeepers, etc.
6. Craft – Includes persons with skill attained through specialized on-the-job training, including plant/HVAC maintenance, maintenance technicians, carpenters, etc.
7. Service – Includes person whose assignments required limited degree or previously acquired skills to perform duties, including custodians, grounds maintenance, drivers, etc.

NOTES:

A. Categories 1, 2, and 3 are classified as professional level employees and are recommended to the Board by the President.

B. Categories 4, 5, 6, and 7 are classified as support staff and are employed by the President, under law

Policy Manual 10.26.21
10.19 REDUCTION IN FORCE

Hinds Community College acknowledges the valuable contribution made by all employees to accomplish the mission and purposes of the institution, as set forth by the Board of Trustees and the President. There may be times in the life of the institution, however, in which the College will have to reduce its overall compliment of positions. This is commonly referred to and understood to be a reduction in force (RIF). When such action is required by the college, all RIF decisions will be made in the best interest of the institution, while minimizing the negative consequences upon student education and training, support services and critical operations of the institution.

Circumstances that prompt the implementation of a RIF within the College may include, but are not limited to

• Financial exigency, including reduced State appropriations or tax collections, significant reductions in or elimination of federal funds or grants, and/or unprofitable enterprise operations;
• A decline in overall student enrollment or at a specific College campus or location;
• Program or organizational changes that include the reduction, consolidation, elimination of programs or services, or the restructuring of the institution;
• Catastrophic events; or,
• Other conditions that individually or collectively result in necessary personnel reductions.

The separation of employees through RIF will not occur until the President and the Board of Trustees have explored other alternatives. However, in the event of a RIF, the college is committed to a rational, consistent and non-discriminatory means of providing for an orderly reduction.

Factors that will influence both the retention and separation of employees in classes affected shall be based at a minimum on systematic consideration of type of appointment, length of service, and performance evaluations.

Normally the college would provide a 30-day (calendar) notice of a RIF, but in anticipation of a significant budget reduction (financial exigency) the college may provide less notice.

In its budget preparation process, or during the course of a fiscal year, whereby spending projections necessitates actions to achieve a balanced budget, the President shall make such a determination and advise the Board of Trustees. Prior to implementing a RIF, however, the following are expenditure reduction actions that might be considered to balance the college’s budget:
Professional level personnel reductions may be withdrawal of overload assignments, increased student-teacher ratios, reassignments within the College, or in extreme cases, in termination. Employees so terminated may be given preference in rehiring when fiscal conditions permit reemployment of persons with requisite qualifications. Statutory and other legal requirements shall be followed met under these conditions.

(Revised: 01/2021)

Policy Manual 10.26.21
7.18 STUDENT DUE PROCESS POLICY

It is the policy of Hinds Community College that the rights of students to due process shall not be abridged. Any student may request a review of a College decision or action alleged to be discriminatory or to have a negative effect on the student’s status at the College. However, in accordance with the College’s Sexual Misconduct Policy (See Policy 7.40), some forms of harassment may also violate the College’s policy against Sexual Misconduct under Title IX. When a report of harassment is received, the Title IX Coordinator will determine whether it shall proceed under the Sexual Misconduct Policy. The following policy also governs the avenue for due process by subject matter:

1. If the decision or action is alleged to be discriminatory, the student should refer to Policy 2.14 Administration Anti-Discrimination Policy;
2. If the decision or action concerns a course grade, the student should follow the “Appeal of a Final Grade in a Course” process, found in the College’s Academic Policies in the College Catalogue; or,
3. If the decision or action is about student discipline or conduct, the student should refer to Policy 7.20 Conduct of Students.

The President and administration are charged with publishing procedures for student due process. Employees are charged with becoming familiar with and complying with these procedures.

See 7.18 Student Due Process Procedures Manual
(Revised: 01/2021)

Policy Manual 10.26.21
7.35 STUDENT NON-DISCRIMINATION POLICY

As adopted by the Trustees of Hinds Community College, it is the policy of the Board to establish, promote and maintain an environment in which students can fully reap the benefits of education, training and support that is free of discriminatory practice in institutional operations and employment practices. As such, the Board adopts a zero-tolerance policy of discrimination. All members of the campus communities and visitors to the several campuses are expected to conduct themselves in a manner that contributes to such an environment.

For purposes of this policy, discrimination is defined as:

“Any adverse action taken or impact imposed on any employee, student or visitor, based upon any classification protected under the Equal Employment Opportunity Act of 1972, including race, color, national origin, religion, gender, sexual orientation, disability, age, genetic information, political affiliation, or any legally protected classification.”

Discrimination also include access by employees, students and visitors to any applicable facilities, benefits, and programs offered by the College. Discrimination also includes any actions deemed to violate any of the following:

• Titles VI and VII of the Civil Rights Act of 1964 and 1991;
• Title IX of the Education Amendments Act of 1972;
• The Age Discrimination Act of 1967;
• The Vocational and Rehabilitation Act of 1973;
• The Americans with Disabilities Act of 1990;
• The Family Medical Leave Act of 1993;
• Sections 799A and 845 of the Public Health Service Act;
• Equal Pay Act of 1963;
• Executive Orders 11246 and 11375;
• All as may be amended from time to time; and,
• Any other applicable federal, state or local law or ordinance.”

The Board directs that this policy be widely distributed and prominently displayed in official College publications and the College’s website. The Board further directs that the College President, or designee, and administration develop and administer procedures for the identification and investigation of alleged discrimination, grievance procedures, and appropriate remedies. In addition, the Board directs that this policy be fully applied in settings, activities and circumstances, as follows:

1. On any campus or property controlled by the College;
2. During any College-sponsored program or activity;
3. When the effects of the conduct could have a discriminatory effect on the College, its employees, contractors, vendors or visitors; and,
4. In incidents when both the complainant and alleged violator are identified in one of the above roles.

The College shall take disciplinary action according to its disciplinary procedures. In addition, the College will not tolerate any form of retaliation against any employee or student who brings legitimate concerns of discrimination forward to management, to regulatory agencies, or to individuals who participated in the investigation.

(Revised: 01/2021)

Policy Manual 10.26.21
7.13 VETERANS AFFAIRS POLICY

The College shall provide a special service representative for assisting veterans, their children, and spouses in securing authorized educational benefits. Administered by the College through the Office of Veterans Services, services include locating, applying for and assistance with education and training programs and benefits offered through the U.S. Department of Veterans Affairs (V.A.). The College shall make efforts to keep veterans and their dependents eligible for benefits and to facilitate their admission into their preferred choice of programs. Hinds is V.A. / G.I. Bill approved for receiving educational benefits. It is the Board’s intent that the College comply with V.A. standards.

(Revised: 01/2021)