48 Employment Conditions of Full-Time Employees

Policy Statement (Board Approval Date:  03/22/11)

The Board delegates to the President the authority to guide and direct all operations and activities of the College.  As such, the President will approve the appointment, salary, compensation, benefits, promotion, demotion, renewal or non-renewal of appointments, dismissal, and/or suspension of all College employees.

Procedure (08.30.18):

1. Authority to Make Appointments:
   1. Appointment of the President: The Board appoints the President.
   2. Appointment of Other Employees: The President appoints all other employees of the College.
      1. The President approves position descriptions and authorizes the filling of positions. (for additional information please reference the Google Drive: HR Processes)
         1. Advertisement: The Human Resources Office files a job description and coordinates internal and external advertising. The scope of advertisement for positions depends on the nature and level of the position in the organizational structure.  (A sample job description is available on the MSC Commons/MSC Forms.) (for additional information please reference the Google Drive:  HR Processes)
         2. Application: The applicant must complete an MSC Application for Employment. Official transcripts from any institutions of higher learning attended must also be provided with the application.  If licenses and certifications are also required, copies of these must be presented. The applicants for upper- and mid-level positions must also provide a resume and letter of application at the time of application.  Other requirements may exist depending on position.  (for additional information please reference the Google Drive:  HR Processes)
      2. At his/her discretion, the President may appoint a search committee or appoint the position’s supervisor to coordinate the search, with the guidance of the Human Resources Director. Usually, search committees are formed for higher-level positions at a Director’s Level or above. The supervisor, through the organizational structure, recommends top candidates to the President for hiring. (for additional information please reference the Google Drive:  HR Processes)
      3. The President accepts/rejects the supervisor’s recommendation and authorizes appropriate personnel to initiate the employment process.
      4. The President may from time to time authorize employment on an interim or part-time basis if it is determined to be in the best interest of the institution.
      5. The President may set aside the above policy when an emergency hire becomes necessary. An emergency hire generally means, but is not limited to, a situation in which the President believes that it is essential that the position be filled within 30 days.  An emergency hire may be made on a temporary and/or permanent basis.
   3. Position Titles, Grades, Duties, and Responsibilities: The President has the authority to change the titles, grades, duties, and responsibilities of all employees.
2. Conditions of Appointment: (for additional information please reference the Google Drive: HR Processes)
   1. At-Will Appointments: All employees of the College, except those specifically designated by formal action by the Board, are “at-will” employees whose employment may be dismissed at any time by the College.  At the time of appointment, an employee agrees and acknowledges:
      1. That his/her appointment with the College does not create any property interest of any kind or at any time;
      2. That, except as specifically set out in paragraph (C). below, the employee has no right to a due process hearing of any kind or at any time with regard to any aspect of his/her employment.
      3. That any appointment may be dismissed by the College at any time with or without cause; and,
      4. That in the event the employee is dismissed, staff member’s compensation, including any vested rights or benefits beyond those due for previous service, are also immediately dismissed.
   2. Dismissals:
      1. Reasons for dismissal may include but not be limited to:
         1. Theft of College property
         2. Threatening or striking a College employee or student
         3. Falsifying records
         4. Insubordination
         5. Drunkenness or substance abuse
         6. Willful violation of a College policy
         7. Conduct unbecoming a College employee
         8. Conviction of a crime involving moral turpitude
         9. Demonstrated incompetence or dishonesty.
         10. Neglect of duty.
         11. Lack of need for one’s services.
         12. Necessity for financial retrenchment as determined by the chief financial officer, and President.
         13. Incapacity or disability that falls outside of the guidelines of the Americans with Disabilities Act.
      2. A staff member who is dismissed and who claims that his/her dismissal is based on his/her race, religion, gender, national origin, age or disability may request to address the President concerning said dismissal on that issue only. The President, after hearing from the staff member and receiving such information as may be necessary from other sources, can take such action with regard to the staff member’s continuing employment as is in the best interests of the College.  No other hearings of any kind with regard to any type of adverse employment action against any staff member are authorized by this or any other policy of the College for any reason.
   3. Conditions of Employment:
      1. Ethical Behavior:
         1. Staff members represent the College when carrying out the duties associated with their position. Staff members must adhere to all legal requirements and ethical norms covering their employment, as defined by the MSC Code of Conduct (see Chapter III.B.).  Staff members of the College are to maintain the highest standards of conduct in all transactions with students, administrative staff, colleagues and the public.
         2. Violation of these standards may result in disciplinary action, including dismissal.
      2. Regular Work Week: The regular work week is 40 hours per week.  The regular work day is nine hours in length with one hour off for lunch.  Employees are entitled to two breaks of 15 minutes; one in the morning and one in the afternoon as determined by the area supervisor. Exceptions to this requirement must have Presidential approval.  Prior approval must be obtained by the President before any overtime hours are worked.
      3. Attendance and Punctuality:
         1. Staff members are required to be in attendance and prepared to begin work at the assigned work location on the specified days and hours. Attendance and punctuality are objective measures for job performance evaluations.
         2. Absenteeism or tardiness that is unexcused or excessive in the judgment of MSC is unacceptable.
         3. If a staff member cannot report to work as scheduled, he/she is to notify the immediate supervisor as soon as possible after the reporting time. In the event notification is not made, immediately upon return to work the staff member is to show sufficient reasons for the lack of notification.
      4. General:
         1. If selected employment, applicants agree to submit to a pre-employment drug/alcohol screen as requested by my employer in conjunction with the hiring process.
         2. Employees will participate in random drug/alcohol screenings as requested.
         3. Employees are subject to testing based on (but not limited to) observations by the supervision of apparent workplace use, possession or impairment. All levels of supervision making the decision must use the Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that the person is under the influence of illegal drugs or alcohol.  If the results of the Observed Checklist indicate further action is justified, the supervisor should accompany the employee to HR for screening.  Employees agree to conform to the policies, procedures, rules and regulations of Murray State College and the MSC Board of Regents.
         4. In connection with being considering for employment, continued employment, promotion, or reassignment, MSC may obtain a consumer report which may include information on character, general reputation, personal characteristics, and mode of living from public record sources or personal interviews with previous employers or associates. An Applicant or Employee will have the right, upon written request, to receive a written description of the nature and scope of the investigation requested and a written summary of my rights under the Fair Credit Reporting Act.  If consumer information from my credit report or another type of consumer report is used to deny employment or if any other adverse action is taken the Applicant/Employee I will be given the name, address, and phone number of the agency that provided the information.
         5. Employees are subject to testing when they cause or contribute to accidents that damage a Murray State College vehicle, machinery, equipment or property or result in an injury to themselves or another employee requiring offsite medical attention. A circumstance that constitutes probable belief will be presumed to arise in any instance involving a work-related accident or injury in which an employee who was operating a motorized vehicle (including a forklift, pickup truck, overhead cranes and lifts, etc.) is found to be responsible for causing the accident.  In any of these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner.  Under no circumstances will the employee be allowed to drive himself/herself to the testing appointment.
         6. Employees who have tested positive, or otherwise violated this policy, are subject to discipline, up to and including discharge. Depending on the circumstances and the employee’s work history/record, Murray State College may offer an employee who violates this procedure or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by HR for a minimum of one year but not more than two years.  If the employee either does not complete a required rehabilitation program as instructed or tests positive on another test, the employee will be subject to immediate discharge.
         7. Employees who refuse to cooperate in required tests or who use, possess, buy sell, manufacture or dispense an illegal drug will be terminated. If the employee refuses to be tested, yet the college believes he/she is impaired, under no circumstances will the employee be allowed to drive himself/herself home.
         8. The first time an employee tests positive for alcohol or illegal drug use, the result will be discipline up to and including termination.
      5. Appropriate Dress
         1. Grooming and Professional Attire – All Personnel shall be neatly groomed and dressed for their respective area.  Each employee shall exercise daily hygienic practices and modesty conducive to a professional environment.  Employee attire will be based on industry guidelines and professional standards. The nature of each position may influence the attire for work.  All personnel are expected to dress in a manner as to distinguish themselves as role models while performing college duties.  Suitable attire is required on campus at all times and also off campus when representing the college.  Employee attire should be consistent with the safety and environmental conditions in the institutional work place including footwear.  All employees shall dress appropriately and professionally for their respective discipline.  All office personnel shall dress appropriately for a business environment. The attire is considered “business casual.” Denim jeans are acceptable as long as they are without holes, frays, or rips.  Employees who are assigned uniforms should wear their uniforms at all times. Additionally, it is also understood special events on campus may result in acceptable deviations from the procedures outlined above.
         2. “Dress Down” Days – The Purpose of designated “dress-down day” on the MSC campus is to cultivate and nurture a spirit of teamwork and unity among the faculty and staff. Appropriate jeans are allowable on Fridays with authorization from your Campus Administrator.  Any t-shirts on Fridays must have the MSC logo
         3. Enforcement – Supervisors are responsible for enforcing this policy since it may be different for each department. Supervisors should ensure all new hires are familiar with the policy and address with all employees in the department on an ongoing basis as needed. With the assistance of the Office of Human Resources, supervisors will make the final decision if there is any question regarding proper attire and cleanliness.