SECTION 16 - FILES
See §9-206 of the college CODE
A number of files may be maintained concerning each faculty member. Among these there should be a file called the Central File that contains the only information to be used for making tenure and promotion decisions.
A. CENTRAL FILE The Evaluation File
1. Purpose. To maintain a performance record for evaluation and for promotion and tenure.
2. Place. To be maintained in the Office of Personnel by the director of
3. Content of Central File. The following materials, and nothing else, shall be in a faculty member's Central File:
(1) Prior Final Evaluation Summaries and Performance Ratings and any rebuttals or relevant attachments thereto.
(2) Records of awards and honors that relate to faculty job performance.
(3) Additional information placed in the file at the faculty member's request.
(4) Other materials relating to the faculty member's job performance designated permanent in nature and placed in the file subject to the provisions set forth in sections 3.c.(1) General, and 7. Depository Guidelines, below.
All evaluation forms and attachments for a current evaluation shall be kept in the Central File for the duration of this process, including rebuttals and appeals. When the evaluation has been completed, all forms and attachments except Forms D and D-1 (and attachments thereto) shall be returned to the faculty member with the following exceptions:
(1) In cases where one or more successive evaluations and remediation have been mandated for documentation of professional improvement, all evaluation forms and other relevant materials (including those from the original process that triggered the follow-up actions) shall be retained until completion of remediation or any other actions that ensue from this follow-up process.
(2) Those records of personnel actions that the appropriate vice president judges to be relevant to the evaluation of a faculty member's job performance shall be deposited and kept in the Central File subject to the time limit imposed by the Personnel Action Procedures: after a period of three years during which no further personnel action is taken on the matter in question, or when the pending action is resolved, whichever comes later (see J. Records of the Personnel Action Procedures).
(3) Other materials relating to the faculty member's job performance designated transient in nature and placed in the file subject to the provisions set forth in Sections 3.c.(1) General and 7. Depository Guidelines, below.
(1) Other materials may be placed in a faculty member's Central File upon written instructions to the director of Personnel from the appropriate vice president not sooner than 15 calendar days after a copy of the materials proposed to be placed in the Central File has been given to the faculty member, who shall have an opportunity within ten calendar days to furnish written comments that shall also be placed in the Central File. At the time of placement, the vice president shall designate such materials as being permanent or transient: i.e., for only that year's evaluation process.
(2) Under no circumstances will anonymous material be placed in the Central File except for the Recipients of Service responses (Form B), prepared in accordance with these evaluation procedures.
(3) Under no circumstances will hearsay materials be placed in the Central File.
(4) All evaluation materials must be submitted in duplicate by the depositor.
4. Access to Central File. Access to a faculty member's Central File shall be restricted to:
a. the faculty member being evaluated, who may make copies of all materials in the file.
b. the faculty member's supervisor(s).
c. chairpersons of divisional promotion and tenure committees and of the Collegewide Promotion Committee and the Promotion Appeals Committee, who shall furnish to the director of Personnel the names of all committee members who will see these materials.
d. the president of the college and the coordinator of the Plan, who shall have access to the evaluation materials for the purpose of ensuring that proper procedures are followed.
5. Record of Copies. The director of Personnel shall keep a signed log of all copies requested from any faculty member's file for any reason. This log shall include the date, the reason for the copy, the specific information copied, and the recipient of the copies. All copies will be made only by the director of Personnel or her/his designated agent.
6. Return of Files. All persons, except the faculty member being evaluated, who have received copies of materials in the Central File shall return all copies by the close of the evaluation procedure. The chairpersons of the review and appeals committees shall be responsible for the collection and return of all copies received by members of their committees. Upon their return, all such copies shall either be retained in the Central File or shall be destroyed at the discretion of the director of Personnel.
7. Depository Guidelines.
a. All materials deposited in the Central File must be signed and dated by either the author or the depositor and must be logged in at the time of deposit.
b. Under no circumstances shall "memos for the record" or any form of correspondence, report, or memo be deposited into any faculty member's file, except materials outlined in Section 3., Content of Central File above, or unless copies of same have been given to the faculty member, to any other party mentioned in such memoranda or letter, and to the next level of authority above the writer of such memoranda. The provisions of this paragraph do not apply to such materials deposited by the faculty member in his or her own file.
c. Under no circumstances will material go through channels other than the appropriate administrative channels. Copies of all correspondence that is to be placed in any file regarding the faculty member must be served on the faculty member 15 calendar days before being placed in the files. The faculty member shall have the right within 15 calendar days after service of such material to furnish written comments, which must also be placed in the files. There are no cases where confidentiality of the sender must be respected.
d. Materials deposited by anyone may be removed by the authors if notice of such removal is given to the faculty member.
B. PERSONNEL FILE —not to be used for evaluation, or for promotion, or for tenure decision.
1. Purpose. To provide a record of an individual's professional activities and accomplishments.
2. Place. Maintained in the Office of Personnel by the director of Personnel. The appropriate vice president will review all materials for adjustments in rank, salary, or tenure before they are made part of a faculty member's personnel file.
a. Initial job application and materials on which a hiring decision was made, such as credentials, educational transcripts, letters of references, etc.
b. Past PGCC contracts, if appropriate.
c. Correspondence dealing with the position, such as requests for promotion, tenure, or special leaves.
d. Letters of commendation.
e. The record of all personnel actions taken.
4. Depository Guidelines.
a. The contents of the personnel file are governed by the same regulations that govern the materials of the Central File.
b. Under no circumstances will material go through channels other than the appropriate administrative channels. Copies of all correspondence that is to be placed in any file regarding the faculty member must be served on the faculty member 15 calendar days before being placed in the files. The faculty member shall have the right within 15 calendar days after the service of such material to furnish written comments, which must also be placed in the files. There are no cases where confidentiality of the sender must be respected.
C. DIVISION AND DEPARTMENT FILES —Materials from these files cannot be used for evaluation unless the possessor wishes to follow the procedures set forth in this document to make the material part of the Central File.
1. Purpose. To assist a dean, director, or department chairperson, and other supervisors in keeping useful records about their personnel.
2. Place. The appropriate office.
3. Contents. Left to the discretion of the possessor but subject to Central File regulations previously described.
4. Procedures Governing Use.
a. Confidential. The faculty member and appropriate supervisors shall have access to these files. Other persons shall have access only with written approval of the faculty member.
b. Unofficial. These materials are to be used by the supervisor for routine decisions in his or her area of jurisdiction. If a possessor wishes to make some of this material part of the official record, he or she must follow the procedures for placing the material in the Central File or personnel file.
5. Depositing Guidelines.
Same as for Central File and personnel file.
D. TEMPORARY RETENTION FILE
The director of Personnel shall establish a temporary file in the Office of Personnel that contains all forms and materials that are used as part of the faculty evaluation process. These shall be destroyed at the completion of the evaluation and appeal process (that is, 15 calendar days after the faculty member has been served notice that the evaluation process is completed). The coordinator of the Plan shall designate the proper time for the destruction of the forms.
See §8-104 of the college CODE
A. PURPOSE. The purpose of this administrative regulation is to clarify the various leave programs which the college provides for its employees, except Staff Development Leave.
1. Part-time employees do not receive paid leave.
2. Temporary employees do not receive paid leave unless employed for a continuous period of more than six months.
3. An employee may not be absent without prior written approval of the appropriate supervisor, except in the case of unexpected disability or bona-fide emergency. All requests for leave except emergencies must be in writing.
4. An employee who is absent without prior written approval of the appropriate supervisor is responsible for notifying the supervisor of the absence at the earliest practicable time and the reasons therefor, and shall keep the supervisor informed of the employee's circumstances during the period of such absence. Noncompliance may be treated as an infraction under the Personnel Actions Procedures.
5. An employee is not covered by Workman's Compensation when on any of the several forms of leave within the Leave Program.
6. The college makes provision for an employee on leave to continue benefits at the employee's expense when legally permissible.
7. Full-time college employees are covered by the college's long-term disability insurance.
a.Leave is charged in the following minimum increments:
(1)If a classified employee, l/4 hour.
(2) If an administrative staff employee or twelve-month faculty, l/4 hour.
(3) If a 10-month faculty member, 1 hour.
C. SICK LEAVE
1. Sick leave is earned leave for which an employee is entitled to receive sick pay when absent from work because of sickness or accidental disability including, but not limited to, absence during disability caused or contributed to by pregnancy, and when absent to obtain necessary medical or dental treatment which cannot reasonably be obtained outside of regular working hours.
2. Sick leave is credited to an employee at the beginning of the fiscal year or other period for which it is to be earned. On termination of employment, an employee repays the college for any unearned sick leave for which the employee received sick pay. On retirement, an employee receives such retirement credit for unused sick leave as may be provided by state law.
3. The college may require satisfactory reasonable proof of disability, or of the need to obtain necessary treatment during regular working hours, before paying sick pay. An employee who fails to furnish such proof shall not receive sick pay, but shall be placed on leave without pay for such absence, or may elect to use personal leave if available.
4. Paid holidays which occur during a period of disability are not charged to sick leave.
5. Twelve-month employees earn one (1) day of sick leave per month without limit on accumulation.
6. An employee transferring to the college from a public school system or a public institution of higher education may transfer up to 10 days of sick leave per year earned and accumulated after September 1, 1966, to a maximum of 100 days if such system or institution is in Maryland, or a maximum of 10 days of sick leave earned and accumulated after August 31, 1967, if such system or institution is outside of Maryland.
7. Sick leave for ten-month teaching faculty is administered according to the following provisions which are designed to provide equitable treatment of all such faculty members, regardless of their specific assignments. Sick leave is based on an assumed 40 hour equivalent workweek to permit the conversion of accumulated sick leave into days for retirement credit purposes in a manner equivalent to that for other employees.
a. Ten-month faculty do not earn, nor may charge absences to, sick leave during summer session employment.
b. Sick leave is earned at a semester rate of twice the number of assigned weekly instructional hours, which is the combined total of teaching contact hours and assigned office hours. However, the full 80 hour annual allotment of sick leave that is earned through the normal 20 hour per week instructional assignment is advanced at the start of each contract year to each ten-month teaching faculty member. Unused sick leave is accumulated without limit. Adjustments to the faculty member's sick leave balance are made at the end of each contract year.
c. Sick leave is not earned for overload or summer session teaching assignments. Accumulated sick leave may be used for absences from overload assignments due to illness during the regular academic year. Absences from summer session or any other assignments not scheduled within the college's regular academic year, however, may not be charged to sick leave.
d. Sick leave for ten-month faculty is charged on the basis of two (2) hours of sick leave for each assigned instructional hour, without daily limit.
EXAMPLE A: A ten-month teaching faculty member assigned to 20 weekly instructional hours per semester (15 class hours + 5 office hours) earns 40 hours of sick leave per semester and 80 hours per year. An absence in which 3 class hours and 1 office hour were missed would involve a charge of 8 hours of sick leave (3 + 1 = 4 instructional hours, 4 x 2 = 8 leave hours). However, an absence in which 5 class hours were missed would involve a charge of 10 hours of sick leave.
e. In certain situations, as outlined herein, a collegial system of absence coverage may be employed, in which case the faculty member is not charged sick leave. A collegial system is an arrangement whereby a qualified peer, full- or adjunct, approved in advance by the supervisor, covers a faculty member's class or other assignment with the understanding that the college will not provide remuneration or benefits, but that the peer may expect to receive corresponding assistance from the faculty member. Use of collegial system coverage in allowable cases shall be limited to instances and durations judged by the supervisor to be consistent with sound educational practice. In addition, any outstanding class coverage obligations incurred by full-time faculty to adjunct instructors, which are not fulfilled by the end of the semester in the collegial coverage occurred, revert to substitute pay adjustments for the adjunct colleague and appropriate leave (sick, personal, or unpaid) charges to the faculty member, as if collegial coverage had not been employed. Subject to these restrictions, collegial coverage may be used under the following conditions:
(1) Any cases of absence from part-time, overload, or summer session teaching.
(2) Any cases of absence from regular instructional assignment when a faculty member's accumulated sick leave has been exhausted.
(3) A single day's absence or the first day of a multiple-day absence, but not more than one such day in any semester.
f. A faculty member on alternative assignment ("released time") may elect to schedule all or a portion of reduced teaching load hours explicitly. In such cases, the explicitly scheduled hours become part of the hours of assigned duties for purposes of computing the earning and the charging of sick leave. The maximum number of alternative assignment hours that may be explicitly scheduled may not exceed the reduction in assigned hours.
g. Department chairpersons are required to schedule explicitly not less than one-half of their hours of authorized teaching load reduction. Such explicitly scheduled hours become part of the hours of assigned duties for purposes of computing the earning and charging of sick leave.
NOTE: Such hours may be altered as conditions require with the advance approval of the supervisor.
EXAMPLE B: A department chair with a teaching load reduction of 9 ECH has an assignment of 8 hours (6 instructional hours and 2 office hours). This individual is required to schedule at least 6 additional hours explicitly (20 hours norm -8 hours assigned = 12 hours reduction; 12 hours x 1/2 = 6 hours). In this case, the weekly instructional hour assignment becomes 14 hours (8 + 6). Consequently, this faculty member would earn 28 hours of sick leave that semester, or 56 hours per year. Sick leave charges would apply, however, only to absences involving the 14 weekly assigned hours.
EXAMPLE C: If the department chair in Example B, instead elected to schedule 12 hours per week explicitly, the weekly assignment would become 20 hours, and 40 hours of sick leave would be earned each semester. However, absences from any or all of the 20 assigned hours per week, including those explicitly scheduled, are chargeable to leave.
8. A consecutive or cumulative period of absence for one calendar day more than half the Fiscal Year for a classified employee, an administrative staff, or a 12-month faculty member shall cause that year not to count toward probationary period service, nor for time in grade, rank, or step for purposes of promotion or advancement.
9. A consecutive or cumulative period of absence for one calendar day more than half the scheduled college class days for the ten-month teaching faculty members in a semester shall cause that semester not to count toward probationary service, nor for time in grade, rank or step for purposes of promotion or advancement.
D. EXTENDED SICK LEAVE
1. An employee who, because of disability (including disability caused or contributed to by pregnancy), and/or convalescence, is absent from work for a consecutive period of more than 28 calendar days, is on extended sick leave.
2. During extended sick leave, an employee may elect to be paid sick leave for accumulated sick leave (to the extent available), and/or any accumulated annual leave, and/or to be placed on leave without pay. When an employee is a member of the Sick Leave Bank, the employee may elect to use the Sick Leave Bank in accordance with the Sick Leave Bank Guidelines when all accumulated sick leave and annual leave have been used. An employee who fails or refuses to make such election is first paid sick pay to the extent sick leave is available, then any accumulated annual leave to the extent available, and is then on leave without pay.
3. An employee, whose total period of absence does not exceed the number of accumulated sick leave days, for which the employee is entitled to be paid (with regard to whether the employee has elected to be paid under D.2. above), will be reinstated in the employee's original position, or in a comparable position the employee is qualified to perform, without decrease in rate of compensation unless:
a. The employee is no longer qualified to perform the duties of such position.
b. There has been a Reduction In Force which would affect the employee, regardless of leave status.
c. The position has been filled by a permanent replacement upon the president's determination that, in the best interest of the college, it be filled by a permanent replacement.
4. An employee who is on extended sick leave may only receive sick pay to the extent required by the disability. It is the responsibility of the employee to present a licensed medical physician's certificate to the director of Personnel indicating the length of disability. If the employee is absent for a period longer than the physician's certificate states, the employee must use annual leave (to the extent available) or leave without pay.
5. The college shall require reasonable proof that an employee is physically capable of performing the employee's duties in the form of a certificate from a licensed medical physician at the completion of a period of extended sick leave.
E. PERSONAL LEAVE
1. Personal leave is earned leave for which a ten-month faculty member is paid when absent from work to fulfill personal obligations such as the observance of religious holidays, family emergencies, and the like.
2. Personal leave is credited to a faculty member at the beginning of the contract year during which it is to be earned. Upon termination of employment, a faculty member repays the college for any unearned personal leave for which the faculty member has been paid. Unused personal leave is credited to accumulated sick leave at the end of each contract year.
3. A ten-month teaching faculty member earns three (3) days, or 24 hours, of personal leave per year.
4. Personal leave for ten-month faculty is charged on the basis of two (2) hours of leave for each assigned instructional or office hour, not to exceed eight (8) hours in a given day.
5. The collegial system, as described in C.7.(e), may be employed in cases of absences of one full day or a portion thereof for personal reasons with the limitation of one such absence in a semester, except where the faculty member's personal leave has been exhausted and the supervisor determines that a bona fide personal emergency exists and that continued collegial coverage is in the best interest of the college.
F. ANNUAL LEAVE
1. Annual leave is earned leave for which an employee is entitled to pay when absent from work with prior approval of the supervisor or as otherwise provided.
2. Annual leave is credited to an employee at the beginning of the fiscal year or other period for which it is to be earned. A newly employed classified employee is not permitted to use annual leave during the employee's probationary period except at the supervisor's discretion in case of emergency. On termination of employment, an employee is paid for accumulated unused earned annual leave, and repays the college for any unearned annual leave for which the employee has been paid.
3. Any employee who earns annual leave is entitled to accumulate and carry forward unused annual leave as follows:
a. For the Fiscal Year ending June 30, 1983, such an employee is entitled to carry forward unused annual leave equal to the greater of:
(1) 100 percent of the annual leave which such employee earned during that fiscal year, or
(2) if the employee, prior to June 30, 1975, had accumulated and was entitled to carry forward more than 100 percent of the annual leave earned during the fiscal year ending June 30, 1975, such employee may carry forward that amount of unused annual leave which such employee had accumulated and was entitled to carry forward as of June 30, 1982, but in no event more than 50 days.
b. For fiscal years ending after June 30, 1983, such an employee is entitled to carry forward unused annual leave equal to the greater of:
(1)13 days of annual leave, or
(2) the amount of unused annual leave which such employee had accumulated and was entitled to carry forward as of the last day of the prior fiscal year.
(3) Notwithstanding the provisions of (1) and (2) above, an employee hired after July 1, 1982, is not entitled to accumulate and carry forward more than 13 days of annual leave.
c. Any accumulated unused annual leave in excess of the amount which may be carried forward in accordance with the above provisions is not carried forward, but is lost, and the employee is not entitled to take or be compensated for any such lost leave. The president has discretion to make an exception to these limitations for an employee who is precluded by job requirements from using annual leave within the year.
4. Paid holidays which occur during a period of annual leave are not charged to annual leave.
5. An employee who becomes disabled during a period of annual leave may apply to receive sick pay during the term of disability.
6. An administrative staff employee and twelve-month faculty member earns two and one-twelfth (2 - 1/12) days per month (25 days per full year).
7. An employee in a pay status for fifteen (15) or more days in any month earns full leave benefits for that month. An employee in a pay status of ten (10) to fourteen (14) days in any month earns half the leave benefits for that month. An employee in a pay status for nine (9) or fewer days in any month earns no leave benefits for that month.
8. Any employee who earns annual leave shall be required to use three days of annual leave to accomplish the winter break and one day of annual leave to accomplish the spring break. This requirement will be reflected in the preparation f the annual staff holiday calendars.
G. LEAVE WITHOUT PAY
1. Leave without pay (LWOP) is any leave for which an absent employee is not entitled to be paid, or elects not to be paid as specified in these regulations.
2. The compensation of a classified employee or an administrative employee on leave without pay is reduced as follows:
a. 1/1950 of the annual salary of a (12) month, 37.5 hour per week employee for each hour of leave.
b. 1/2080 of the annual salary of a 12 month, 40 hour per week employee for each hour of leave.
c. 12/10 of the amounts in a. and b. above for a 10 month employee.
3. The compensation of a 10-month faculty member on leave without pay is reduced 1/185 of the annual salary for each eight (8) hours that the faculty member is in leave without pay status, with the amount of leave to be charged determined as follows:
a. From the beginning of the period of LWOP status through the end of the first full pay period in which the faculty member remains in this status, the amount of leave to be charged is computed as provided in C.7. above for sick leave.
b. If the faculty member continues in LWOP status during the succeeding pay periods, the faculty member is charged with two (2) hours of leave for each hour of instructional assignment, except days when the college is closed; provided that the amount of leave charged for any day during such period on which the faculty member performs some, but not all, of his/her assigned duties, is determined as provided in C.7. above.
4. An employee absent without prior written approval of the appropriate supervisor may be placed on leave without pay for the following reasons:
a. If the supervisor determines that the absence is not the result of unexpected disability or bona fide emergency.
b. The notice of the absence and reasons therefore are not given at the earliest practicable time.
c. The employee fails to keep the supervisor informed of the employee's circumstances during such an absence.
5. If a full-time employee is on leave without pay, the day before and the day after an approved holiday, that employee will not be paid for the holiday.
If the employee will be on leave without pay for more than a month, the employee must pay both the employer's and employee's portion for Group Health and Dental programs and the full premium for the employee's life insurance by check, prior to beginning the leave without pay.
In order to maintain status as an active employee with the state Retirement System, the employee must apply for approved leave of absence, if the period of leave without pay is more than one month, but not more than two years, otherwise the employee cannot purchase the period of time on leave without pay.
6. When a classified employee is on leave without pay twenty-two (22) days, cumulative from the date of employment or from July 1, 1979, whichever is later, that 22 day period shall not count toward probational period service, nor from time in grade, rank, or step for purposes of promotion or advancement, nor shall a classified employee earn sick leave or annual leave for this 22 day period. This shall result in all the above benefits being deferred 22 work days for the classified employee.
If a classified employee has no sick leave nor annual leave accrued at the time the 22 work days of leave without pay occurs the first month the employee returns to a pay status, a month's sick and annual leave will be deducted from the employee's eligibility for these benefits.
H. JUDICIAL LEAVE
1. Judicial leave is leave for which an employee is entitled to be paid when absent to answer a summons, to serve on a jury, or to testify in a judicial or administrative proceeding to which the employee is not a party. Judicial leave is not applicable when an employee serves as an expert witness.
2. An employee receiving a summons is required to notify the supervisor without delay in order to give the college an opportunity to plan for the absence and seek the excuse or postponement of the employee's service or appearance if justified by the institution's need.
I. BEREAVEMENT LEAVE
1. Bereavement leave is leave available in the event of the death of a member of the immediate family of a full-time, eligible employee or his spouse. Such leave is granted as an authorized paid absence not to exceed five working days.
The immediate family consists of: a staff member's spouse, son, daughter, parent, parent-in-law, legal guardian(s), grandparent, grandchild, brother, sister, (or the spouse of any of them) or any other related person living in a staff member's household.
2. A full-time eligible employee may be granted paid leave not to exceed one day to attend the funeral of close relatives who are not designated in the immediate family category.
3. When a death occurs in the family of an employee who is absent from work on another type of paid leave (i.e., annual or sick leave), such time off will be charged instead to bereavement leave, up to the limits allowed.
4. The college retains the right to request written documentation (upon return to work) regarding this leave policy.
5. The employee's supervisor will have the authority to approve the extent of leave to be granted up to the maximum number of days permitted.
J. ADMINISTRATIVE LEAVE
Administrative leave is short-term leave without pay during a period of absence with the prior written approval of the appropriate supervisor.
K. SHORT-TERM MILITARY LEAVE
Short-term military leave is leave which an employee who is a member of the National Guard or the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve is entitled to take, without loss of pay, for not more than 15 days annually while in inactive duty training ordered or authorized under the law of the state or the United States, or while actually serving on active duty orders.
L. EXTENDED MILITARY LEAVE
1. Extended military leave is leave without pay available to an employee who, in order to perform active military duty or training which the employee is ordered to perform under the laws of Maryland or the United States, is absent from a position (other than a temporary position).
2. An employee on extended military leave has reemployment rights as established by the state and federal law.
M. PROFESSIONAL LEAVE
1. Professional leave is leave without loss of pay when an employee is absent with the prior written approval of the dean for the purpose of attendance at the professional conference, meeting or seminar related to the employee's work for the college.
2. Before applying for professional leave, a faculty member is required to arrange for all scheduled classes to be covered by qualified substitutes who are approved by the department chairman and dean. The substitutes names are listed and the absence recorded on the divisional absence report.
N. EXECUTIVE LEAVE
1. Executive leave is extended leave without pay during a period of absence approved by the Board of Trustees on recommendation of the president. Executive Leave may be requested for professional or personal reasons.
2. Executive Leave is granted for the following purposes:
a. For personal reason for up to one year.
b. For professional development purposes such as work experience in education, advanced study or related work in business, industry and/or government for up to one year, which may be extended by the Board of Trustees on recommendation of the president for one additional year when determined to be in the best interests of the college.
3. An employee on approved executive leave may continue to participate in the health benefits program and the Life Insurance Program at the college at his or her own expense.
4. An employee on approved executive leave for personal reasons does not accrue any form of college sponsored benefits, nor does such employee earn service longevity for purposes of promotion, tenure eligibility, or longevity increases.
5. An employee on approved executive leave for professional development purposes does not accrue any form of college sponsored benefits nor does such employee earn service longevity for purposes of promotion or tenure eligibility. However, for purposes of tenure eligibility, approved executive leave for professional development purposes does not constitute a break in college service.
O. STAFF DEVELOPMENT LEAVE
Staff Development Leave is not within the scope of this regulation.
1. If an employee received unearned benefits at college expense while on leave and does not return to employment after such leave, the employee will repay the college for such expense.
2. Periods of extended leave do not count toward probationary period service, nor for time in grade, rank, or step for purposes of promotion or advancement unless the college agrees to the contrary at the time the leave is granted.
Q. TERMINAL LEAVE
1. At any time after an employee's last date of employment is known, whether by reason of resignation, nonrenewal of contract, or otherwise, that employee may be relieved of all or part of his or her regular duties and placed on full- or part-time terminal leave status upon the president's determination that such action is in the best interest of the college.
2. An employee who is on terminal leave shall first utilize all available annual or personal leave, and thereafter shall be paid on such basis as the president determines is equitable after consulting with the employee.
R. WORKER'S COMPENSATION LEAVE
1. A permanent or probationary employee of the Board of Trustees who is temporarily disabled in the line of duty shall receive full pay for the period of his disability without charge against his annual or sick leave beginning with the first day of disability, subject to the following conditions:
a. Provided that the disability resulted from an injury or illness sustained directly in the performance of the employer's work, as provided in the state Worker's Compensation Act.
b. If incapacitated for his regular employment, the employee may be given other duties with the Board of Trustees for the period of recuperation. Unwillingness to accept such an assignment will make the employee ineligible for Worker's Compensation leave during the time involved.
c. The Board of Trustees may select a physician to determine the physical ability of the employee to continue working or return to work.
d. Workman's Compensation leave shall not exceed ninety (90) working days from any one injury.
e. Payment of Workman's Compensation leave is contingent upon the assignment of Workman's Compensation checks for the first ninety (90) day period to the Board of Trustees.
f. A temporary employee who is disabled in the line of duty shall not receive Workman's Compensation leave but shall be paid in accordance with the provisions of the state Workman's Compensation Act.
g. Abuse of Workman's Compensation leave may be considered as grounds for disciplinary action.
S. LEAVE BANKING PROGRAM
1. Purpose. The purpose of the Leave Banking Program is to encourage faculty professional development through the accumulation of credits toward professional leave during a future semester. A participating faculty member may accumulate these credits through voluntary deferment of pay for selected overload and/or summer work assignments. Then, during an approved future semester, the individual may apply these credits toward full or partial release of his/her normal duties, while retaining full pay and benefits.
a. After three (3) years of continuous full-time faculty service, an individual may apply for participation in the program. Once approved, the individual may begin banking workload credits. Before taking any reduced load or professional leave earned under this program, however, the individual must meet a longevity requirement of a minimum of seven (7) years of full-time faculty service at Prince George's Community College.
b. Full-time professional leave may be taken not more than once in any seven (7) year period. In order to take full professional leave again, the participant must complete Part 2- Personal Professional Development Plan of the application form according to the published schedule. Earned partial (reduced load) leave, not exceeding 60 percent of regular load, may be taken in any academic year, subject to the approval of the dean three (3) months prior to that in which the partial leave is to be taken. The president of the college at his option may authorize exceptions to this restriction.
a. A participant in this program will receive full pay and benefits and will lose no benefits or longevity status during a semester when she/he is taking professional leave earned under the program.
b. No more than one semester of continuous professional leave may be taken under this program. Faculty on Full semester banked leave who teach, have the option of:
(1) Reducing leave load hours by number of hours teaching; or
(2) Being paid for overload
c. The maximum "workload credits" that an individual may accumulate is 18 load hours. After reaching this maximum, the faculty participant must either take full or partial leave before banking any additional hours. As leave is taken, workload credits are drawn from the participant's account on a first-in, first-out basis.
d. Leave banking participants may bank a maximum of eight (8) overload hours in any regular academic semester or over the summer session period (SSI and SSII) in any given year, provided the participant's balance does not exceed the 18 load hour maximum balance.
e. A faculty participant may withdraw from participation in the Leave Banking Program at any time. However, any accumulated leave balance must be used for full or partial load reductions over a period of time mutually agreeable to the participant and the responsible dean. In the event of termination due to death, disability, or some other involuntary cause, the monetary value of the banked leave balance is paid to the faculty member, or to his/her estate. In the event of voluntary termination due to resignation or retirement, members who joined the program prior to August 1995 will be paid for any hours remaining in their account. Members who joined after August 1995 will lose any accumulated hours remaining in their account.
f. Subject to the limits imposed by c. and d. above, any work assignment for which a participant receives an overload contract may be banked under this program. In addition to teaching overloads during the fall and spring semesters, this includes summer teaching, cocurricular assignments such as coaching, paid advisement like academic advising, cooperative education, or mentoring, and other instructional support activities such as tutoring.
g. In order for a participant to take full earned leave during a particular semester, after completing the Request for Use of Banked Leave form, the participant must provide at least nine (9) months advance notice, and the appropriate dean and vice president must certify that this participant's absence during that semester will not disrupt the instructional program. Notice of partial leave (reduced load) should be given to the dean at least three (3) months in advance using the Request for Use of Banked Leave form.
h. In most cases, no more than one faculty member in a given department may take professional leave under this program during any one semester. In departments of ten (10) or more full-time faculty, however, the number of leave recipients may be adjusted accordingly.
i. The president of the college may, at any time and in the best interests of the college, terminate either the entire Leave Banking Program or the participation of any faculty member. In either case, the individual(s) whose participation is so terminated will be fully reimbursed as specified in 3.e.
4. Application and Approval Procedures
a. Application forms, which are available in each division office, have two parts:
Part 1 - Request and Eligibility Information
Part 2 - Personal Professional Development Plan
Both parts of each application shall be kept together during all phases of the review and approval process. Applicants may grant or withhold permission for sample copies of their Personal Professional Development Plans to be shared with future applicants.
b. Deans shall inform their faculty each semester of the application deadlines and the location of forms.
c. The deadline for submitting a leave banking application to the dean depends upon when the applicant proposes to begin banking workload credits.
(1) In order to begin banking during a summer session or fall semester, an application must be submitted by the last Friday in March.
(2) In order to begin banking leave during a spring semester, an application must be submitted by the last Friday in October.
d. Deans shall review all applications, approve or deny them in a timely manner, and return each to the applicant prior to the last Friday in:
(1)April for summer/fall applications.
(2)November for spring applications.
e. In deciding whether to approve or deny each application, the dean shall:
(1) Verify applicant eligibility.
(2) Resolve scheduling conflicts, if any, among applicants' leave plans.
(3) Evaluate the likelihood that the applicant's job function can be performed during his or her leave without a full-time replacement.
(4) Determine the extent to which the applicant's leave plans would disrupt the division's instructional process.
f. If the dean denies an application, he/she shall notify the applicant and provide a written statement of reasons for the denial.
g. After obtaining the dean's signature, the applicant must submit the approved application (Parts 1 and 2) to the Faculty Senate Office by the second Friday in:
(1) April for summer/fall applications.
(2) November for spring applications.
h. On the Monday following the above submission deadline, the Faculty Senate shall forward all applications to the Faculty Professional Development Committee for review by either the full committee or a subcommittee thereof. The reviewing committee shall evaluate each Personal Professional Development Plan (Part 2) with respect to reasonable standards for faculty professional development.
c. The reviewing committee shall forward approved applications to the appropriate vice president by:
(1) May 1 for summer/fall applications.
(2) December 1 for spring applications.
j. The event that a Personal Professional Development Plan does not conform to reasonable standards, the reviewing committee shall remand that application to the individual with suggestions for improvement. The reviewing committee may reconsider revised applications at any time, but approval of such applications must conform to the deadlines set forth in i.
k. The appropriate vice president shall approve or deny each application by the last day of the semester during which it is received. If the vice president denies an application, he or she must notify the applicant and provide a written statement of reasons for denial. Approved applicants will be notified in writing by the appropriate vice president.
l. An applicant who wishes to appeal denial of a leave banking application by a vice president shall direct his/her appeal to the president of the college. An applicant who wishes to appeal an application denial which occurred during an earlier stage in the review process shall direct that appeal to the appropriate vice president, whose decision shall be final.
m. All deadlines contained in this procedure may be modified for reasonable cause. In the case that a college closing, holiday, or vacation period affects one of the deadlines, that deadline shall be changed to the next day when the college is in session. Deans shall notify their faculty of any such changes in a timely manner.
EMPLOYEE TUITION WAIVER PROGRAM
See §8-106 of the college CODE
A. Policy. It is the policy of the board to provide a tuition waiver program for certain employees of the college, for certain disabled retired employees, widows and widowers of certain employees, and for their spouses and dependent children who enroll in courses at the college, which supplements the tuition waiver established in Maryland Code, Education Article 16-205. The primary purpose of this program is to enhance the college's ability to attract and retain a competent permanent workforce by providing its employees with qualified tuition reductions, as defined in sec. 117 (d) of the Internal Revenue Code, which are intended not to be included within the gross income of such persons.
B. Delegation To President. The college president is authorized to make, promulgate, issue, rescind and amend reasonable rules, regulations, and procedures to carry out this policy.
C. Rule: Procedure For Implementing The Employee Waiver Policy.
1. Purpose. The purpose of this rule is to provide procedures for implementing the Employee Tuition Waiver Policy.
2. Definitions. The following definitions apply to this Rule:
a. Eligible employee means a full-time employee of the college.
b. Dependent means the spouse, children, and stepchildren of an eligible employee.
c. Child means a child or stepchild.
d. Dependent child means a child over half of whose support, for the year in question, was received from an eligible employee, provided that any child whose parents are divorced shall be treated as a dependent child of each parent who is an eligible employee.
e. Student means a person enrolled in credit or noncredit courses at the college.
f. Registration means the process of enrolling in one or more courses.
g. Satisfactorily completed means successful completion of a course as determined by the college's Grading System for credit courses and course syllabus for noncredit courses.
h. Audit means enrollment in a credit course for personal enrichment and not for inclusion in credits attempted as determined by the college's Grading System for credit courses.
i. Program means the Employee Tuition Waiver Program.
j. Participant means a person enrolled in courses under the Program.
k. Eligible person means a person described in par. 3.c., below.
3. General Provisions.
a. The courses taken need not be job related.
b. No employee, because of participation in the program, or sponsorship of a participant in the program,
(1) is required to render additional services to the college, or
(2) is to receive reduced compensation.
c. The following classification of persons may participate in the program:
(1) Eligible employees.
(2) Spouses and dependent children of eligible employees who are sponsored by their eligible employee spouse or parent may participate during the period that their spouse or parent continues to be an eligible employee; provided that any such person who is enrolled in a course of study leading to a degree or certificate at the time of the death or disability retirement of the sponsoring employee, is permitted to continue to participate in the program until completion of that course of study.
(3) The spouses and dependent children of eligible employees who were continuously employed by the college on a full-time basis for five or more years at the time of death or disability retirement are permitted to participate in the program until such time as the employee would have reached the age of eligibility for normal retirement, even if such persons were not enrolled in a course of study at the college under the program at the time of such death or disability retirement.
(4) Eligible employees who voluntarily resign under an early resignation incentive, and the spouses and dependent children of such employees who are enrolled in a course of study leading to a degree or certificate at the time of the resignation, are permitted as part of that incentive to continue in the program until completion of that course of study.
d. Tuition waiver is made only for those courses which are satisfactorily completed.
e. Employees may take courses only outside of their regular working hours.
f. The president may at any time limit
(1) The total number of courses for which a participant may seek tuition waiver.
(2) The total number of courses for which a participant may have been waived during any semester, and
(3) The aggregate total number of courses for which all participants may have tuition waived during any semester.
g. To remain eligible to participate, a participant is required to maintain good academic standing at the college.
h. Only courses below the graduate level may be taken under this program.
i. The program shall not discriminate in favor of officials, senior staff, or highly compensated employees of the college.
4. Participation Procedure. This is the procedure for participation in the Program.
a. The eligible person registers for classes according to the established registration procedures applicable to all persons.
b. The eligible person obtains a bill from the Cashier's Office.
c. The eligible person takes the bill to the Office of Personnel BEFORE PAYMENT.
d. An authorized employee of the Office of Personnel verifies eligibility, and upon determining that the registrant is an eligible person,
(1) Certifies to that fact on the bill, and
(2) Stamps the following Liability Statement on the bill:
I ______________________________________, agree to pay deferred tuition charges on all courses not satisfactorily completed, including failures and withdrawals after the refund period.
e. The Liability Statement is signed by the registrant, if the registrant is an eligible employee. If the registrant is the spouse or dependent child of an eligible employee, the Liability Statement is signed by the eligible employee who is the spouse or parent of the registrant. The vice president of Administration and Finance determines the arrangements to be made with respect to other classes of eligible persons.
f. The eligible person returns the bill to the Cashier's Office. Tuition charges for those eligible persons with a Liability Statement signed by an eligible employee are deferred until the end of classes. All other charges must be paid.
g. When deferred payment bills signed by an eligible employee are received, the cashier assigns a credit for the tuition only and obtains payment of the other charges.
h. The cashier sends the pink copy of the completed bill to the Admissions and Records Office.
i. Upon completion of the course, the Admissions and Records Office ascertains whether the course was satisfactorily completed, except for credit courses which were to be taken for audit.
j. The Admissions and Records Office notifies the Finance Office of courses not satisfactorily completed.
k. The Finance Office bills the eligible employee who signed the Liability Statement for payment of deferred charges for all courses not satisfactorily completed.
l. The eligible employee pays the deferred charges within 15 days after issuance of the bill by the Finance. Failure to pay within that time results in deduction from the employee's salary check of the amount billed.
EMPLOYEE TUITION ASSISTANCE PROGRAM
A. Policy. It is the policy of the board to provide a tuition assistance program for certain full-time employees of the college who successfully complete certain courses taken at other institutions of higher education.
B. Delegation To The President. The college president is authorized to make, promulgate, issue, rescind, and amend reasonable rules, regulations, and procedures to carry out this policy.
C. Rule: Procedures for Implementing the Employee Tuition Assistance Program.
1. Purpose. The purpose of this rule is to provide procedures for implementing the Employee Tuition Assistance Program.
2. Definitions. The following definitions shall apply to this rule:
a. Eligible credit course means an undergraduate or graduate level credit course given by an accredited institution of higher education.
b. Eligible employee means a full-time employee of the college.
c. Program means the Employee Tuition Assistance Program.
d. Tuition means the amount paid by an employee participating in the Program to another accredited institution of higher education as tuition for an eligible credit course and does not include any registration fees, admissions fees, laboratory fees, or other charges paid by the employee.
e. Tuition assistance means the amounts paid by the college under this Program.
a. Tuition assistance for undergraduate courses shall not exceed the lesser of:
(1) The actual tuition reduced by the amount of any other financial aid received by the employee, or
(2) The prevailing in-county tuition rate at the college during the semester in which the courses are taken, reduced by the amount of any other financial aid received by the employee.
b. Tuition assistance for graduate courses shall not exceed the lesser of:
(1) the actual tuition reduced amount of any other financial aid received by the employee, or
(2) 150 percent of the prevailing in-county tuition rate at the college during the semester in which the courses are taken, reduced by the amount of any other financial aid received by the employee.
c. No employee is entitled to tuition for more than 12 undergraduate credits or 9 graduate credits during one fiscal year. If an employee concurrently seeks assistance for more than one category of courses, and for an employee who also participates in the Employee Tuition Reimbursement Program, reimbursement shall not exceed the limit for graduate study (9 credits at 150 percent of the prevailing in-county tuition rate of the college).
d. The total amount of tuition assistance paid during any fiscal year is limited to the amount authorized by the president and budgeted for this purpose.
a. An eligible employee may apply to participate in the program at any time before he or she registers for an eligible course.
b. Eligible employees filing applications by May 15 for courses to be taken during the summer session, and the next fall semester, or by October 15 for courses to be taken during the following spring semester, if otherwise entitled to tuition assistance, will be entitled to full tuition assistance if the aggregate entitlement of the applicants filing by those dates is less than the amount of funds available for such purpose or for pro rata assistance with the other applicants filing by those dates if their aggregate entitlement exceeds the amount of available funds.
c. Applicants filing after the above dates shall be entitled to assistance on a first-come, first-served basis only to the extent of funding available, at a level not greater than those applying by these dates.
d. To obtain payment of tuition assistance, an eligible employee who has applied to participate as provided above must continue to be a full-time employee of the college at the time of completion of the course or courses for which he or she has applied for tuition assistance, and upon completion of the course or courses must submit to the director of Personnel evidence deemed sufficient by the college to prove tuition payment by the employee and satisfactory completion of the course or courses. For undergraduate courses, a final passing grade is required; for graduate courses, a final grade of at least "C," or equivalent, is required.
5. Taxation. Benefits paid under this program may be taxable and may be subject to appropriate withholding by the college for income taxes and FICA taxes.