Included in the District’s goals and objectives is this statement with regard to Human Resources:

“We believe that the most important resources of the North Harris Montgomery Community College District are the individual faculty and staff members, who are entitled to a supportive collegial work environment which rewards excellence, provides opportunities for professional development, encourages meaningful involvement in the decision-making process, and provides excellent compensation.” (NHMCCD Board Policy AE)

Ethical Standards
Every employee is expected to carryout all job responsibilities in a manner that supports and contributes to a productive workplace, conforms with the applicable law to exhibit behavior which reflects the highest standards of ethics, honesty, and integrity.

Among the requirements placed on each are to:

• Perform all official duties and exercise all official powers in an impartial manner;
• Create a positive and constructive environment that is free from harassment, have concern for the individual and respect for human dignity;
• Subscribe to the judicious use of power inherent in the position; and
• Strongly reinforce our fair employment practices.

The promotion of positive and productive work environment is the responsibility of all employees. Location Executive Officers, Department Heads and Supervisors bear special accountability to act as implementers of District policy to properly communicate to employees an understanding of the standards of conduct and behavior, and to apply these standards equally to all employees.

Equal Employment Opportunity
Hiring practices that foster an environment of equal opportunity in hiring opportunities are described in detail in Employment and Compensation Guidelines. However, the commitment of NHMCCD to promote a climate of equality without discrimination due to race, color, religious creed, national origin, age, marital status, gender, veterans’ status or disability extends beyond initial hiring practices. This commitment also applies to evaluations, promotions, granting of leaves of absence, work load, assignments, and any situation involving the selection of one employee over another for benefits, rewards, disciplinary actions, terminations, etc.

The Vice Chancellor for Human Resources is responsible to coordinate the District's Equal Employment Opportunity compliance.

Prohibition Against Discrimination in the Workplace
No employee of the District or applicant for employment shall be discriminated against in any aspect of the employment relationship, including application, pay, promotion, evaluation, retirement, eligibility for benefits, or other employment related practices.

Harassment -- Simply put, harassment is any conduct, verbal or physical, that unreasonably interferes with an individual or group’s employment performance at the District or that creates an intimidating, hostile or offensive work environment. Harassment on the basis of race, creed, color, national origin, gender, age, veteran status or disability includes harassment of an individual in terms of stereotyped group characteristics, or because of that person’s identification with a particular group.

Disparate Treatment -- This condition is defined as the denial to the applicant or employee of the equal opportunity to be hired, promoted, compensated or evaluated because of race, creed, color, national origin, gender, age, veteran status or disability. Denial of equal access and opportunity can also consist of denying to an employee, because of his or her race, creed, color, national origin, gender, age, veterans status or disability, the opportunity to be hired, promoted, compensated or evaluated by the same standards as employees who do not have the same characteristics.

Retaliation -- Retaliation against anyone who brings a complaint in good faith or anyone who participates in an investigation as a witness is against Board Policy and may be a violation of state and federal laws.

Complaint Process -- The purpose of this procedure is to secure at the earliest possible time prompt and equitable resolution of an employee complaint alleging discrimination that is prohibited by law. Any complaint that is made in malice, dishonesty during the course of an investigation, or retaliation against a person for making or providing information about a complaint, will be treated as serious offense.

Civil Rights Administrator -- Each College president and the VC/HR is to designate at least one administrator to serve as the civil rights administrator (CRA). The CRA is responsible to consider, investigate, and take steps appropriate to resolve complaints of discrimination.

Any Supervisor, Department Head, or Executive Officer who receives or becomes aware of any incident of discrimination on the basis of race, creed, color, national origin, gender, age, veteran status or disability should immediately contact the appropriate CRA. The incident should not be discussed with anyone other than the CRA and the complaining party.

Informal Complaint Procedures -- Any employee may seek advice or assistance from the supervisor, location CRA or the Department of Human Resources for the help in resolving the complaint informally and confidentially. The purpose of the informal complaint resolution is to provide the individual an opportunity to discuss the specifics of the complaint and to receive guidance and information on the available procedures through the CRA. An informal complaint received by an official other than the CRA will be referred to the CRA for initial review. Informal complaint resolution may be achieved by either of the following steps:

1. Action taken by the complainant to address the matter directly with the alleged offender; or
2. Action taken to negotiate a resolution undertaken by the CRA.

Formal Complaint Procedures – In order to utilize the formal complaint process, the employee must, within sixty days of when he or she knew or should have known of the complaint, file a complaint in writing with the Civil Rights Administrator. The complaint must provide the following information: name of the complainant; nature, date and description of the alleged violation; names(s) of persons responsible for the alleged violations; the specific remedy sought; and any background information that the complainant considers to be useful. This complaint should be submitted promptly, no later than 60 days after the incident.

The CRA (or an external Civil Rights investigator) shall promptly contact the employee who is the subject of the to set up a date and time for an meeting. The employee may have one individual present during the meeting, if desired. The CRA may, with the approval of the LEO, request that the investigation be conducted by an external CRA. If so, the external CRA will conduct the investigation and prepare finding, submit to the CRA and the LEO.

The CRA shall interview any persons who are believed to have information pertinent to the complaint. If the CRA concludes that the complainant’s rights have been violated, he or she shall send a written report of the finding to the appropriate LEO. The LEO, after consultation with the VC/HR, shall determine the appropriate penalty for the employee or employees whose conduct was the subject of the complaint. The LEO will communicate with the complainant and the person whose conduct was the subject of the complaint.

Appeal Rights
An employee who receives disciplinary action beyond a letter of reprimand or who believes the civil rights complaint process was not properly followed may submit a written appeal to the Chancellor. If the employee does not agree with the decision rendered by the Chancellor, he or she may appeal to the Board of Trustees. The policies require that the appeal to the Chancellor be filed with fourteen (14) days of the receipt of the LEO’s communication on the disposition of the compliant. To request a hearing before the Board, after receiving the written response from the Chancellor, the employee must submit a written request to the Board of Trustees within ten (10) days of receipt of the Chancellor’s communication.

Sexual Harassment
The District does not tolerate sexual harassment, nor does it tolerate reprisals against any employee who makes a sexual harassment complaint. Employees, supervisors, managers, and others who violate this policy will be subject to disciplinary action, up to and including termination. Any supervisor or Department Head who receives a complaint of sexual harassment and fails to take corrective action pursuant to this policy will be subject to disciplinary action (NHMCCD Board Policy DAC).

Sexual Harassment Defined
Unwelcome sexual advances, requests for sexual favors, and other verbal or written comments or physical conduct of a sexual nature or that singles out a student or employee because of his or her gender may constitute sexual harassment when:

• Submission to such conduct is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in a District or college activity;
• Submission to or rejection of such conduct by an individual is used as the basis for evaluating academic or personnel decisions regarding an individual; or
• Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive employment educational, or living environment.

Sexual harassment is not restricted to conduct between persons of the opposite sex; sexual harassment may involve the behavior of a person of either gender against a person of the opposite or same gender.

Sexual harassment is not subject to a simple or inflexible definition. The determination of whether the complained-of conduct is sexual harassment will often involve an analysis of the facts and the complainant’s perception rather than the actor’s intention or motivation. Often, the fact that a person of the same gender as the complainant did not necessarily mean the conduct is not inappropriate.

Supervisory Responsibilities
A supervisor who becomes aware of conduct constituting sexual harassment by an employee under his or her supervision must take immediate steps to cause the conduct to cease, whether or not a formal complaint has been filed. It shall not be considered to be an adequate response to transfer the employee who is the recipient of the sexually harassing conduct unless the employee consents to the transfer.

A supervisor who engages in conduct in violation of this policy toward an employee under his or her supervision shall be subject to prompt discipline, up to and including termination.

An employee who believes he or she is being subjected to sexual harassment by a supervisor is strongly urged to seek the assistance of the Civil Rights Administrator or the Director of Employment and Human Resources Services.

In some circumstances, sexual harassment is also a crime. For example, sexual harassment by a public official is a criminal offense and some forms of sexual harassment by any individual may constitute criminal assault, sexual assault, public lewdness or indecent exposure under the Texas Penal Code. Whenever appropriate, the District will provide information in its possession to outside government officials for further investigation and possible prosecution (NHMCCD Board Policy AHB).

American with Disabilities Act / Section 504 of the Rehabilitation Act
The VC/HR&GC; has been designated the ADA/Section 504 Coordinator for the District.

The District will not discriminate against a qualified individual with a disability in employment, access to facilities, and in participation in programs and services. The District will make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is capable of meeting all of the essential requirements of the job. No presumptions should be made that the existence of a physical or mental impairment will necessarily cause an employee or applicant to be unable to perform a job.

In most instances, it is the responsibility of an employee or applicant with a disability to advise the District about any necessary accommodations. Any request by an employee for an accommodation, and the supporting documentation shall be promptly sent in a sealed envelope to the Director of Employment Services and Human Resources. See the District website for forms and more detail information on the process.

The District will maintain all documentation of a disability in confidential files separate and apart from the employee’s personnel file.

Communicable and Transmittable Diseases
NHMCCD is committed to provide fair and equal employment opportunities for all individuals, including those who have been exposed to communicable and/or transmittable diseases. The District is also committed to provide a safe workplace for all employees and a safe environment for its students, which meets or exceeds federal, state, and local regulations.

All supervisors must confidentially treat any information pertaining to a person diagnosed as having a serious medical illness. Knowledge of any person affected will be confined to those persons with a direct need to know; this does not generally include peer workers in the department.

An employee who has contracted a communicable or transmittable disease as determined by medical certification, may elect to utilize sick leave, vacation leave, and short term disability leave benefits in accordance with District’s policies, and/or family medical leave policies.

In addition, an employee who has contracted a communicable/transmittable disease which poses a threat to other employees/students may be required to utilize additional sick leave, vacation leave, family medical leave, short term disability, and/or leave without pay benefits until such time as the person’s condition is no longer a threat. The employee may also be required to obtain a medical certification that he does not represent a threat to other employees/students prior to being permitted to return to work, at the discretion of the applicable administrative officer.

The employee may also be reassigned to other work or to other work areas in order to reduce or remove the threat posed to other employees/students.

Each situation will be evaluated by the supervisor and Dir. E/S on a case-by-case basis, taking into consideration the desires and rights of the employee, the safety of the workplace, and the needs of the District.

NHMCCD recognizes that employees who have, or who may be perceived as having HIV infection or AIDS, may wish to continue in their normal academic and/or work activities as long as their physical condition allows them to do so. The District will comply with federal and state laws, regulations, and policies that protect the confidentiality of medical and educational records and with requirements for the reporting of certain test results or medical conditions to appropriate health authorities.

Violence in the Workplace
North Harris Montgomery Community College District is committed to maintaining a safe and secure working environment for its employees.

Threats in the Workplace
Any employee of the District who makes substantial threats, exhibits threatening behavior, or engages in violent acts against other employees, students, visitors, or other individuals on District property shall be removed and will remain off the premises pending the outcome of an investigation. Following an investigation, the District will initiate an appropriate response. This response may include, but is not limited to, formal disciplinary action, reassignment of job duties, termination of employment, and/or criminal prosecution of the person or persons involved.

Reporting Violence in District or College Activities
Any employee who witnesses conduct they perceive to be threatening or violent on District property or off-campus if connected to a college or district event must report this conduct immediately to Campus Police Department. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior.

Protective Order
An employee who applies for or obtains a protective order or restraining order which lists District property as being a protected area, must provide to the senior police officer at each District location indicated as being a protected area a copy of the petition and declarations used to seek the order, and a copy of any temporary or permanent protective or restraining order which is granted. The police and administrators who are aware of a protective or restraining order will not disclose this fact, except to persons who have a need to know.

Weapons on District Property
No employee/student of the College District may carry any form of firearms, knives and clubs onto any of the District's facilities or property, including parking lots. Police officers may carry weapons that have been approved for their use as a law enforcement officer.

The possession of firearms, illegal knives and prohibited knives on District property is a violation of criminal law and Board policies. Persons who violate the law and/or these policies will be subject to serious consequences, including referral for criminal prosecution and termination. The fact that the person carrying a weapon on District property has a license to carry that weapon, concealed or unconcealed, does not permit them to carry a weapon onto District property. The District may impose the most severe sanctions available to it, including immediate termination of an employee who violates this policy, if the LEO finds that the policy was breached intentionally or in a manner that placed in jeopardy the safety and security of the colleges or any of person.

Employees Under the Influence of Drugs or Alcohol in the Workplace
While at work, each District employee has a responsibility to deliver service in a safe, efficient, and conscientious manner. Therefore, the use, sale, distribution, possession of alcohol, or any drug, including prescription medication during working hours (in a manner in which it was not intended), is strictly prohibited and may result in disciplinary action up to, and including, termination.

If the employee exhibits clear evidence of drug or alcohol related behavior, the supervisor will take immediate steps to address the problem.

If the employee is disruptive or otherwise interfering with the business of the District, the employee will be placed on administrative leave with pay pending an investigation into the incident.

If the supervisor receives information that suggests a drug or alcohol related problem, the supervisor must notify the next level supervisor and the Dir. E/S immediately. Together, the three should devise a highly individualized strategy for dealing with the particular problem employee that will depend on medical information, past history, record of performance, and record of previous disciplinary action. The strategy may involve some or all of the following:

• Require the employee to submit to a medical examination or drug testing.
• Require the employee to enroll in the Employee Assistance Program. If the employee refuses to enroll, or does not cooperate with the prescribed treatment or visit schedule, the employee may be immediately terminated.
• Take disciplinary action in the form of an enforced Leave Without Pay during which time the employee must take steps to resolve the problem, and provide the District with proof that treatment was successfully undertaken.
• Immediately terminate the employee for cause if circumstances warrant.

If the supervisor believes that a situation exists which may be a danger to other employees, or which may involve a serious drug trafficking problem involving an employee selling drugs or alcohol to other employees or to students, the Department Head and the Location Executive Officer (LEO) must be notified immediately. The College Police Department should be consulted to determine the best course of action that will accomplish the following objectives:

• Ensure the safety and health of students and other employees.
• Protect the District from legal liability stemming from improper action or lack of action to address the situation.
• Curtail the dangerous activity as soon as possible and prevent recurrence.

An employee who voluntarily seeks treatment or counseling for a drug or alcohol related problem must be accommodated as much as possible in order to allow them to address the problem. The supervisor should encourage the employee to avail themselves of any resources available, such as the Employee Assistance Program, sick leave, vacation leave or compensatory time in order for the employee to participate in a drug rehabilitation program. Treatment for chemical dependency, both in-patient and out-patient, is covered under the health/medical plans.

Once an employee completes a rehabilitation program, whether undertaken voluntarily or as a result of a requirement resulting from disciplinary action, the employee must remain drug and alcohol free in the workplace. Any relapse that results in work performance issues or that demonstrates that the employee is under the influence in the workplace may subject the employee to disciplinary action, including termination.

Fitness for Duty Exam
The District may require a fitness for duty examination based on the employee’s job performance or the employee’s return from an illness or injury.

Corrective Action
Corrective action is an approach to solving performance deficiencies, which emphasizes correcting the problem. (NHMCCD Board Policy DHF). The corrective action approach is recommended but not required prior to taking serious disciplinary action.

Certain situations, such as chronic tardiness or absenteeism, lend themselves readily to the application of corrective action. Others, such as plain evidence of illegal drug activity, require different measures outlined elsewhere in this manual. It is primarily the supervisor’s responsibility in consultation with the Dir. E/S, to determine the appropriate response to a situation or problem.

Employee Counseling Sessions
When the supervisor becomes aware of a problem with an employee, the seriousness and immediacy of the problem should dictate what action the supervisor should take. An informal approach to Corrective Action is an employee counseling session.

The supervisor should view this session as only the first step in a series, and the session should include the following elements:

• An identification of the problem(s) that must be addressed with the employee’s conduct or performance;
• A specific measure of acceptable levels of performance or behavior that must be achieved;
• Reassurance to the employee that the session will not be recorded in the employee’s personnel file; with the stipulation that if improvement is not noted, the next session will involve a written reprimand which will become a permanent part of the employee’s personnel record.

Written Reprimand
This step involves a formal conversation between a supervisor and subordinate about a work habit or performance problem, followed by a written communication to the employee. This step is appropriate for a more serious problem or a series of infractions.

• The content of the meeting reiterates the areas covered in the employee counseling session and the employee is advised that continued lack of improvement may result in termination;
• The written reprimand should contain specific language describing the action as a reprimand, warning or disciplinary action, and that it will become a permanent part of the employee’s personnel file;
• The employee is to sign the reprimand, signifying that it was received; and
• The original of the memorandum should be sent in a confidential envelope to DSTC Human Resources for placement in the personnel file.

If the written reprimand does not produce acceptable behavior, the supervisor should notify the Department Head and the Dir. E/S for assistance.

• The employee is called into a formal discussion about the continuing unacceptable level of performance or conduct;
• The employee is asked to give some serious thought to whether or not he or she wishes to remain employed at NHMCCD. The employee should be reminded that all the previous steps taken in this process have not been productive, and that the employee must commit to immediate and meaningful change if he or she wishes to remain employed;
• The employee may be sent home with pay on Decision-Making Leave, and is to be advised that if he or she does not return from the Decision-Making Leave, the departure will be recorded as a voluntary resignation; and
• If the employee fails to return to work when required, the employee is considered to have resigned voluntarily and the PAR should reflect that.

The supervisor documents the formal employee meeting and the Decision-Making Leave in a memorandum, gives copies to the employee and the Department Head, and sends the memorandum to the Dir. E/S for filing in the employee’s personnel file.

Administrative Review
The District is committed to providing a work environment that encourages an open atmosphere in which problems or complaints are addressed in a timely manner by supervisors and management.

An administrative review is a meeting between the employee and his or her supervisor to review the employee’s complaints about workplace problems. Any time an employee alleges discrimination on the basis of gender, age, disability, race, creed, national origin, veteran’s status or other complaints, the complaint will be referred to the Civil Rights Administrator and may be handled through this process.

An administrative review is the only complaint process available to challenge the content of an evaluation or a termination of a non-contractual employee. This process is also available to part-time employees.

If an employee initiates a complaint under this policy, the supervisor and the administrative officer should keep complete documentation available regarding discussions held with the employee, what steps were taken to investigate the complaint, and how decisions were determined.

Grievance Procedure and Right to Appeal
Any full-time employee of the District has the right to file a grievance. A grievance shall mean a dispute alleging a violation or misapplication of a specific Board policy or a specific administrative procedure that is related to wages, hours, or conditions of work.

Complaints alleging discrimination do not proceed through the grievance process, but should be referred to the Civil Rights Administrator (CRA). The grievance procedure is not applicable to contract non-renewal, for which a separate grievance/review process has been created.

The Board has created several routes to appeal certain employment decisions that will be reviewed by the Chancellor and the Board. This appeals process shall be the exclusive route to appeal employment decisions with the exception of appeals authorized under Board Policy DMAC Reduction in Force, which shall be the exclusive route to appeal a decision made as a part of a reduction in force. A person or organization of his or her choice may assist an employee in the filing of an appeal.

Use of District Computers

District Property
The District provides computing and network resources to the use of student, employees, and others affiliated with the District. District users are expected to conduct themselves in compliance with all policies of the District and relevant laws of the United States and Texas to demonstrate the same high ethical and professional manner when communicating using computing resources as is required in face-to-face or written communications.

E-Mail Privileges
Access to the District’s e-mail and similar electronic communication systems is a privilege that is extended to current employees, students and affiliates that are in good standing. The privilege of access ends with the termination of employment or the failure to re-enroll in an NHMCCD educational program.

The following conduct by computer users will be treated as a violation of this policy and may result in discipline, including loss of computing privileges, up to and including termination for an NHMCCD employee and dismissal for a student.

• Anonymous or forged e-mail messages;
• Unauthorized attempts to access another person’s e-mail or similar electronic communications or to use another’s name, e-mail or computer address or workstation to send e-mail or similar electronic communications;
• Use of District e-mail or other network resources for commercial purposes or for personal financial gain;
• Access to restricted computing resource without authorization or use for purposes beyond the authorization;
• The transmission of copyrighted materials without the written permission of the author or creator through District e-mail or other network resources in violation of U.S. copyright law (NHMCCD Board Policy EDD);
• Computing resources use in a manner that disrupts the work or educational environment;
• Intentional use of District computing resources to store, download, upload, display, print, or e-mail computer images that constitute “obscene materials” as defined by Section 43.21 of the Texas Penal Code that are not directly related to ore required for a specific education course or research directly related to an educational program;
• The display or transmission of messages, images cartoons, or other message or image that are sexually explicit or that demean a person on the basis of race, ethnicity, gender, national origin, disability, and religion may constitute prohibited harassment under Board Policies AHB and DAB;
• The uploading or downloading of unauthorized materials to any District server;
• The sharing of an account, password, or other authentication device that was provided to permit access to restricted computing resources.