- Academic Credit for Noncredit Coursework, Examination, and Experiential Learning
- Academic Freedom
- Academic Policy and Curriculum Review
- Alcohol and Substance Abuse
- Americans with Disabilities Act: Employees & Job Applicants
- Annual External Financial Audit
- Anti-Harassment & Complaint
- Awarding of Credit
- Board Conflict of Interest
- Board Evaluation
- Board Ethics
- Classification of Employees as Exempt or Non-Exempt
- College Cell Phone Usage
- College Events and Facility Rentals: Alcohol Use
- Compensation
- Concealed Handgun
- Depository Contract
- Distance Learning
- Eligibility for Salary Increases and Retention Payments
- Employee Background Check
- Employee Dependent Child Scholarship
- Employee Ethics
- Employee Nondiscrimination & Grievance
- Employment Contracts
- Faculty Competence
- Faculty Load, Roles, and Responsibilities
- Family Medical Leave Act (FMLA)
- Fixed Assets and Equipment
- Free Speech and Public Assembly
- Hiring
- Infectious/Communicable Disease
- Infectious Disease Facility Protocol
- Information Security
- Information Technology Resources Acceptable Use
- Institutionally Funded Competitive Scholarships
- Intellectual Property
- Investment
- Leave & Absence Control
- Marketing, Advertising and Recruitment Materials
- Motor Vehicle Records & Vehicle Use
- Naming Gifts
- Nepotism
- Non-Renewal of Term Contract
- Payroll
- Performance Review & Appraisal
- Pets on Campus
- Policy Development and Review
- Progressive Discipline
- Records Retention
- Reduction in Force
- Resignation/Retirement
- Right to Express Breast Milk for Nursing
- Shared Governance
- Social Media
- Student Admissions
- Student Complaint
- Student Financial Aid Satisfactory Academic Progress
- Student Nondiscrimination & Student Grievance
- Student Records and Privacy Rights
- Student Rights, Responsibilities and Code of Conduct
- Student Success
- Substantive Change
- Supplanting
- Termination of Employment: Dismissal
- Text Messaging Records Retention
- Trustee Removal from Office
- Tuition Grants for Regular Full-Time Employees and Retirees
- Unbiased Policing
- Verifying Student Identity in Online Course
- Veterans Educational Benefits
- Workers' Compensation
Academic Credit for Noncredit Coursework, Examination, and Experiential Learning:
Approved By and Date:
Board of Trustees, 12-11-2017
Executive Leadership Team, 11-16-2017
Policy:
Kilgore College (KC) recognizes and values knowledge and skills gained in many ways. Credit may be awarded for noncredit coursework, by examination, or through experiential learning. For all degrees and certificates awarded by KC, students must earn a minimum of 25% of the credits in the award through KC course instruction.
Procedures:
Approved By and Date:
Executive Leadership Team, 4-24-2018
Credit for Coursework Taken on a Noncredit Basis:
KC awards credit for coursework taken on a noncredit basis only when there is documentation that the noncredit coursework is equivalent to a comparable credit experience. Students consult with the appropriate department chair to begin the process of having credit awarded.
Academic credit may be awarded for noncredit coursework taken through the East Texas Police Academy and the Kilgore College Fire Academy when the noncredit coursework contains the same student learning outcomes as the credit coursework, as designated in the Workforce Education Course Manual.
KC awards academic credit to Cosmetology students who transfer into the KC Cosmetology Program. Transfer students who have clock hours from for-profit (proprietary) schools have their credit hours calculated as follows: For every 125 clock hours, students will be granted credit for one college course. All student clock hours are verified by Texas Department of Licensing and Regulation before academic credit is awarded.
Credit by Exam:
KC awards credit by exam [e.g., College Board Advanced Placement, College Board College Level Examination Program, and International Baccalaureate (IB)] for designated courses based on commonly recognized standards.
- Except where noted below, credit by examination and advanced placement are available both to incoming students and students currently enrolled.
- KC will award credit only after students enroll at the College and earn 15 credit hours through classroom instruction. This restriction does not apply to the IB program.
- Scores earned on national examinations should be sent to KC. Students must contact the Office of Admissions and Registrar to have credit posted on transcripts.
- The symbol "CR" (credit), rather than a grade, will be posted to a transcript.
- KC will not award credit by examination for courses in which a student is currently enrolled, for courses which a student has previously failed, or for courses which are prerequisites to courses for which the student has already earned credit.
- A student may earn a maximum of 24 credit hours through credit by examination.
- Credit by examination or advanced placement is not applicable toward determination of scholastic standing or academic honors. Likewise, credit hours earned through credit by examination or advanced placement will not satisfy requirements for minimum hours in residence that the student must earn at KC for a certificate of completion or a degree.
- Colleges and universities to which KC students plan to transfer determine their own policies for the transfer of credits awarded through examinations. KC urges students to verify transferability and applicability of such course credits with the colleges or universities to which they intend to transfer.
- Fees for posting credits to KC transcripts are listed in the KC Catalog.
College Board Advanced Placement (AP) Examinations: High school students who take AP examinations should have the College Board forward their scores to Kilgore College. AP examinations and minimum scores for which students may earn KC course credit are included in the KC Catalog.
College Level Examination Program (CLEP): The College Level Examination Program (CLEP) is designed primarily to evaluate non-traditional, college-level education such as independent study or correspondence work. Although KC does not accept scores for CLEP general examinations, the College grants credit for specified CLEP subject examinations. Students may receive information about CLEP through the KC Testing Office. CLEP examinations and minimum scores for which students may earn KC course credit are included in the KC Catalog.
Advanced Placement Without Credit: A student who wishes to enroll in an advanced course (e.g., foreign language, mathematics) for which there is no credit by examination or departmental examination for the prerequisite courses may do so with the consent of the appropriate dean. The student must demonstrate or present documentation that he or she possesses the academic background and/or experiences to justify the advanced placement. The student will not receive credit for the prerequisite courses and no fees apply.
International Baccalaureate (IB) Diploma Credit: Kilgore College will grant a minimum of 24 semester credit hours (SCH) to any new student who earns the International Baccalaureate Diploma and has scores of at least 4 on all subjects. KC may grant fewer than 24 SCH if the student earned the IB Diploma and scored less than 4 on any IB examination. The maximum number of semester credit hours that will be awarded is 30. Applicants with the IB diploma must provide a completed IB transcript to the Office of Admissions and Registrar prior to enrolling in order to receive credit.
Credit for Experience
KC awards credit for experiential learning when students demonstrate that they have achieved the student learning outcomes of a designated workforce education course by way of a departmental exam or appropriate industry recognized credential. Credit may be awarded toward completion of an Associate of Applied Science degree or a Certificate of Completion for learning achieved through experiences outside typical educational settings when it is consistent with the educational objectives of the student, the requirements of the curriculum, and the policy on granting credit for experiential learning.
- Virtually all credit granted for experience must be validated through a departmental examination. To inquire if an appropriate departmental examination is available, students seeking credit for experience should contact the appropriate division dean. Appropriate documentation of skills and/or knowledge must accompany the petition to take the departmental examination. In exceptional cases, as determined by the division dean, where credit is awarded without validation through a departmental examination, the request for credit must be supported by official and verifiable documentation. Credit may be awarded for military training based on American Council on Education (ACE) recommendations, as recorded on military transcripts. ACE-recommended credit must be equivalent to existing KC courses.
- A minimum of 15 semester hours in residence must be completed before credit is posted and a degree is awarded. For certificates, credit may be posted when at least three semester hours have been earned in residence; however, in all cases, a minimum of 25% of the credits in the award must be earned through KC course instruction.
- A maximum of 24 semester credit hours may be awarded toward the Associate of Applied Science degree while a maximum of 15 credit hours may be applied toward a Certificate of Completion.
- The symbol "CR" (credit), rather than a grade, will be posted to a transcript. A grade equivalent of "C" or higher must be earned on an examination in order for "CR" to be awarded. Unsuccessful attempts are not recorded on transcripts.
- Fees for taking departmental exams and for posting credits to KC transcripts are listed in the KC Catalog.
KC awards credit for appropriate documented experience in the following instances:
- Military training and experience, including basic training
- Selected work experience in business and industry
- Professional certificates, licenses, and credentials
- Learning achieved through proprietary schools, apprenticeships, or other intra-company training
- Learning achieved through noncredit workshops, seminars, and conferences
Credit awarded for professional certificates, licenses, and other credentials or through successful completion of a departmental exam will be approved by the applicable program leader, instructional dean, and vice president of instruction before credit is posted on students’ transcripts by the registrar’s office.
Credit awarded for successful completion of AP, CLEP, and IB examinations is posted by the registrar’s office without additional approval.
Academic Freedom:
View/Print PDF version of Academic Freedom Policy & Procedures
Approved By and Date:
Board of Trustees: 06-19-2017
Executive Leadership Team: 05-04-2017
Policy:
The Kilgore College Board of Trustees recognizes that while individual faculty members have the freedom to discuss, research, and publish academic material that may be controversial or unpopular (academic freedom), faculty members must focus their classroom time on those activities which address the specified learning outcomes of each individual course.
Procedures:
Approved By and Date:
Executive Leadership Team: 05-04-2017
In the 2016 spring semester, the Faculty Senate voted to endorse the American Council on Education’s Statement on Academic Rights and Responsibilities. (http://www.acenet.edu/news-room/Documents/Statement-on-Academic-Rights-and-Responsibilities-2005.pdf).
State and institutional requirements also govern course content and delivery as follows:
- Texas regulations dictate what courses may be offered at public community colleges.
- The Academic Course Guide Manual and the Workforce Education Course Manual specify the student learning outcomes (SLOs) which must be addressed in individual courses. Additionally, the Texas core curriculum identifies the common objectives of the general education curriculum.
- Kilgore College faculty committees have identified the activities and assessments which address applicable SLOs. Faculty committees also determine many common textbooks and resources that faculty within individual departments are expected to use in addressing SLOs.
- Furthermore, the Kilgore College educational community expects that instructors will use pedagogy which actively engages students in the pursuit of learning.
If faculty members think that anyone has infringed upon their right of academic freedom, they should first try to resolve the issue informally with the parties involved. If they are not able to resolve the issue, they may submit a formal complaint to the vice president of instruction. The VPI will form an ad hoc committee consisting of one faculty member from each of the four instructional divisions and the VPI to consider the merits of the complaint. The recommendation of the majority of the faculty members will guide the resolution of the complaint. In the case of a tie among the faculty members, the VPI will make the final decision. In a case in which the faculty complaint is against the VPI, the president of the college will convene the committee to address the complaint.
Academic Policy and Curriculum Review:
View/Print PDF version of Academic Policy & Curriculum Review Policy & Procedures
Approved By and Date:
Board of Trustees, 4-10-17
Executive Leadership Team, 3-3-2017
Policy:
The Board of Trustees of Kilgore College recognizes that the curriculum is appropriately of central concern to the faculty, and therefore encourages all faculty members to propose the addition of courses and programs as well as the revision and deletion of existing courses and programs. Although most of the initiatives for curriculum change come from faculty, the process of moving those ideas through the necessary channels to incorporate them into the curriculum requires the joint effort of faculty, instructional leaders, administrators and staff. The approval process for such additions and revisions will include review by the affected departments or programs.
The Academic Policies and Curriculum Committee (APCC), appointed by the Vice President of Instruction, has a key role in this process. It is responsible for representing all faculty members by bringing their ideas to the committee and discussing the ideas and concerns to the committee for discussion and possible action. The Committee is comprised of instructional leaders from all curricular areas to ensure the proposed curriculum changes are sufficiently vetted by all potentially affected disciplines.
Procedures:
Approved By and Date:
Executive Leadership Team, 3-3-2017
The Academic Policies and Curriculum Committee (APCC) is appointed by the Vice President of Instruction, and is comprised of a broad representative group consisting of faculty from both the academic and workforce areas of the college, the division deans, and the Vice President of Instruction, who chairs the committee. Student development and business office personnel serve on the committee as ex officio members to facilitate communication.
Responsibilities of the APCC:
- Meets as needed to study and to respond to college issues as recommended by the Vice President of Instruction.
- Reviews all instructional policies and considers the need for additional ones, as needed.
- Reviews all academic course recommendations and revisions to existing academic courses and determines that they meet the Texas Higher Education Coordinating Board (THECB) guidelines as outlined in the Lower Division Academic Course Guide Manual (ACGM), and ensures compliance with Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) requirements.
- Reviews all new workforce education courses and determines that they meet THECB guidelines as outlined in the Guidelines for Instructional Programs in Workforce Education (GIPWE).
- Reviews and ensures that all workforce education courses and program changes comply with the requirements for the Associate of Applied Science Degrees, and or Certificates in the Guidelines for Instructional Programs in Workforce Education (GIPWE) and the Workforce Education Course Manual (WECM).
- Reviews and approves all courses to be designated as fulfilling core requirements for the AA, AS, and the AAT degrees
- Reviews and approves any new Associate of Applied Science degree.Reviews curriculum for proliferation of courses within programs and departments.
- Evaluates the curriculum, curriculum change process, and curriculum issues as needed.
Alcohol and Substance Abuse:
View/Print PDF version of Alcohol and Substance Abuse Policy & Procedures
Approved By and Date:
Board of Trustees, 12-14-2020
Executive Leadership Team, 10-15-2020
Policy:
Kilgore College prohibits the use of illegal drugs, controlled substances without a valid prescription, and/or use of synthetic drugs and other intoxicating substances such as K-2, bath salts, etc.; the possession of illegal drugs or controlled substances without a valid prescription; and/or the possession of paraphernalia in the workplace, on school premises, or as part of any of the College’s activities, regardless of location. In addition, students are prohibited from the manufacture, distribution, dispensing, possession, or use of alcoholic beverages on school premises or as part of any of the College’s activities, regardless of location. Employees and visitors are prohibited from the use of alcoholic beverages in the workplace, on school premises, or as part of any of the College’s activities, unless authorized under the College Events and Facility Rentals: Alcohol Use Policy.
Students and employees are expected to abide by the rules and regulations of Kilgore College and Federal and State Laws regarding the use, sale, and distribution of alcohol, controlled substances, and synthetic drugs.
Procedures:
Approved By and Date:
Executive Leadership Team, 10-15-2020
Members of the Kilgore College community shall not unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at the College, or at College-related activities during or outside of usual working hours:
- Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
- Alcohol or any alcoholic beverage, unless authorized under the College Events and Facility Rentals: Alcohol Use Policy.
- Any abusable glue, aerosol paint, or any other chemical substance for inhalation.
- Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs.
An individual need not be legally intoxicated to be considered “under the influence” of a controlled substance. An employee, student, or visitor who uses a drug authorized by a licensed physician through a prescription specifically for his or her own use shall not be considered to have violated this policy.
EMPLOYEE WELFARE:
Employees who violate this policy shall be subject to disciplinary sanctions. Such sanctions may include referral to drug and alcohol counseling or rehabilitation programs or employee assistance programs, termination from employment with the College, and referral to appropriate law enforcement officials for prosecution. Information on available rehabilitation or employee assistance programs and contacts shall be posted throughout the workplace. Compliance with these requirements and prohibitions is mandatory and is a condition of employment. As a further condition of employment, an employee shall notify the College President or designee (appropriate Vice President) of any criminal drug statute conviction the employee incurs for a violation in a workplace no later than five days after such conviction.
Within 30 calendar days of the College President’s or designee’s receiving notice from any source of a conviction for any drug statute violation occurring in the workplace, the College President or designee shall either (1) take appropriate personnel action against the employee, up to and including termination of employment or referral for prosecution or (2) require the employee to participate satisfactorily in a drug and alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health agency, law enforcement agency, or other appropriate agency. The cost of any such program shall be borne by the employee.
STUDENT WELFARE:
It is the responsibility of the College to maintain an environment that is conducive to teaching and learning and to personal and professional growth. Since irresponsible/illegal use of alcohol, intoxicating substances, and drugs are detrimental to the maintenance of an educational environment, it is the intent of the College to establish practices and procedures which discourage such behaviors and ensure compliance with local, state, and federal laws by all individuals on College property or facilities or property under control or jurisdiction of the College.
Prohibition of Alcoholic Beverages and other Intoxicating Substances:
All Kilgore College students are responsible for complying with Texas state laws and policies of KC. These guidelines establish that:
- No person under 21 years of age may use or be in possession of alcoholic beverages. Texas Alcoholic Beverage Codes 106.4 and 106.5 prohibit consumption or possession of alcohol by a minor.
- Alcoholic beverages may not be made available to minors.
- Misrepresentation of age for the purpose of purchasing alcoholic beverages is a violation of state law.
- Personal possession and consumption of alcoholic beverages by students are not permitted in residential halls, at athletic events, at social events attended by students, and on College property.
Students found drinking or in possession of alcoholic beverages or other intoxicating substances will be reported to Campus Police immediately and will face disciplinary action from the College, as well as any penalties issued in accordance with Texas State Law.
Drug and Alcohol Abuse:
In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (P.L. 101-226), Kilgore College endeavors to provide an environment for students that is free from illicit drugs and the abuse of alcohol or other intoxicating substances. Accordingly, the College provides information about the drug and alcohol use and abuse through the College Nurse’s Office, the Campus Police Department, and the Campus Life Office.
In addition to the Kilgore College sanctions related to these offenses, there are state and federal laws that also apply to the unlawful possession, use or distribution of alcohol, inhalants or illegal drugs. The fines can range from not less than $25.00 to imprisonment for life and a fine of up to $250,000.
HEALTH RISKS:
Outlined below is a listing of drugs of abuse and their health risks taken from the U.S. Drug Enforcement Administration website. A more complete and detailed accounting may be found at their website at http://www.justice.gov/dea/druginfo/all_fact_sheets.pdf.
Alcohol: Alcohol consumption causes a number of impairments including changes in behavior and normal body function. Even low doses significantly impair judgment, coordination, mental function, thus increasing the risks of accidents and injuries. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses taken acutely can cause respiratory depression and even death. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism and fights. Additional consequences include DUI arrests and serious or fatal car crashes. Continued abuse may lead to dependency, which can cause permanent damage to vital organs and deterioration of a healthy lifestyle.
Amphetamines: Amphetamines can cause a rapid or irregular heartbeat, tremors, convulsions, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.
Cannabis (Marijuana, Hashish): The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users can often have a lowered immune system and an increased risk of lung cancer. Users also often lack motivation and general drive to achieve goals.
Club Drugs: Club drugs are drugs such as MDMA (Ecstasy), Rohypnol, GHB, LSD, and methamphetamine and others, which are used at all-night parties such as trances or raves, dance clubs and bars. These party drugs, particularly when mixed with alcohol, can cause serious health problems, injuries, or even death.
Cocaine/Crack: Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.
Hallucinogens: Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, PCP episodes may result in self-inflicted injuries, violence and aggressive behavior toward others.
Heroin: Heroin is an opiate drug that causes the body to have diminished pain reactions. Overdoses of this highly addictive drug can result in coma or death due to respiratory failure or cardiovascular collapse.
Methamphetamines: Methamphetamines can cause rapid or irregular heartbeat, increased blood pressure and body temperature. Possible side effects with long-term use include mood disturbances, violent behavior, anxiety, confusion and insomnia. All users risk becoming infected with diseases such as HIV/AIDS and hepatitis.
Prescription Drug Abuse: Taking a prescription medication that is not prescribed for you, or taking it for reasons or in dosages other than as prescribed, is prescription drug abuse. Commonly abused classes of prescription medications include opioids, central nervous system (CNS) depressants and stimulants. Long-term use of opioids or central nervous system depressants can lead to physical dependence and addiction. Opioids and CNS depressants may cause the user to experience drowsiness, slowing of brain function, as well as decreased heart and respiration rates. Stimulants can cause anxiety, paranoia, dangerously high body temperatures or seizures if taken repeatedly or in high doses.
Salvia Divinorum: Use of salvia can cause hallucination, changes in visual perception, feelings of detachment and a decreased ability to interact with one’s surroundings.
Synthetic Drugs (Spice, Bath Salts, etc.): “Spice” refers to a wide variety of herbal mixtures that produce experiences similar to marijuana (cannabis) and that are marketed as “safe,” legal alternatives to that drug. The term “bath salts” refers to an emerging family of drugs containing one or more synthetic chemicals related to cathinone, an amphetamine-like stimulant found naturally in the Khat plant. Though research on synthetic substances is still limited, they have been found to be potentially more dangerous than marijuana, cocaine, or other substances of abuse, as they are addictive and can be highly dangerous to humans.
DRUG AND ALCOHOL PROGRAMS:
Kilgore College provides multiple educational and support opportunities for employees and students regarding alcohol and drug abuse. Information is provided through new student and new employee orientation sessions, provided in writing and available on the college’s website, and through the Counseling Center, Campus Nurse, Campus Life, and Police Department offices. Additionally, licensed professional counselors and the campus nurse are available for information, support, and/or referrals to appropriate services.
Drug and alcohol education programs are provided throughout the semester by various departments. Additionally, educational courses and support are available through the East Texas Council on Alcoholism and Drug Abuse (ETCADA).
LEGAL SANCTIONS:
The Kilgore College Police Department enforces all federal and state laws and local ordinances.
All Kilgore College students and employees are expected to comply with federal, state, and local drug and alcohol laws as well as KC policies and procedures. Any student or employee who violates any of these drug or alcohol laws will be reported to the appropriate law enforcement agency and will be subject to prosecution in accordance with the law. Legal sanctions for violation of local, state, and/or federal laws may include, but are not limited to fines, jail, or prison sentences up to ninety-nine (99) years or life. Students who violate both the Code of Conduct and federal, state, local, or other applicable law may be accountable to both Kilgore College and the civil or criminal authorities.
DISCIPLINARY SANCTIONS:
The Director of Human Resources is the primary source on campus for enforcement of drug and alcohol policies pertaining to employees.
The primary sources on campus that enforce the alcohol and drug policies pertaining to students are the Kilgore College Police Department, the Coordinator of Campus Life, and the Executive Vice President/Chief Student Affairs Officer. Disciplinary sanctions for violations are detailed in the Student Rights, Responsibilities and Code of Conduct Policy.
Americans with Disabilities Act: Employees & Job Applicants
Approved By and Date:
Board of Trustees, 8-24-2020
Executive Leadership Team, 7-17-2020
Policy:
Kilgore College will reasonably accommodate all employees and job applicants, with known qualifying disabilities or impairments, as required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), where no undue hardship is imposed on the College.
Procedures:
Approved By and Date:
Executive Leadership Team, 10-22-2020
Full or part-time employees and job applicants are invited to advise the College of any disability-based limitations to enable the College to assist the employee and determine eligibility for reasonable accommodation(s). The College is under no obligation to provide reasonable accommodation(s) unless an individual properly identifies him/herself as a person with disability-based limitations requiring an accommodation and supplies the necessary documentation.
The College will determine, in consultation with the employee and, if necessary, his/her medical providers, what constitutes a reasonable accommodation. The College reserves the right to request additional medical examinations, evaluations, or other appropriate information at college expense, if necessary. Supervisors must contact the Human Resources Office for assistance in determining the needs of employees requesting accommodations.
Reasonable accommodation(s) will be granted, as determined by the College, unless any such accommodation(s) will cause an undue hardship for the College. In determining what constitutes a reasonable accommodation, or an undue hardship, the College’s decisions will conform to definitions and guidance provided by state and federal law.
The Human Resources Office is responsible for the management, implementation and coordination of this policy. Any and all accommodations sought pursuant to this policy must be approved by the director of human resources and the employee’s supervisors. All information relating to an accommodation request is considered confidential.
Processes and requirements related to this procedure are documented in Appendix A. Processes and requirements related specifically to COVID-19 accommodations are documented in Appendix B. Processes and requirements related specifically to service animals are documented in the Appendix C.
The College strictly prohibits discrimination and harassment against employees based on disability as defined by state and federal law. If an employee believes he or she has suffered discrimination and/or harassment based on disability, including the illegal denial of an accommodation, or retaliation for having requested an accommodation, the employee should immediately contact the Human Resources Office as provided by the Anti-Harassment & Complaint Policy.
- Appendix A: Processes and Requirements-Employees and Job Applicants (pdf)
- Appendix B: Processes and Requirements-COVID-19 Specific (pdf)
- Appendix C: Processes and Requirements-Service Animals (pdf)
- Appendix D: Reasonable Accommodation Request Form (pdf)
- Appendix E: Reasonable Accommodation Medical Questionnaire (pdf)
- Appendix F: COVID-19 Work Accommodation Request (pdf)
- Appendix G: COVID-19 Healthcare Verification Form (pdf)
- Appendix H: Reasonable Accommodation Approval Form (pdf)
- Appendix I: Reasonable Accommodation Denial Form (pdf)
Annual External Financial Audit:
View/Print PDF version of Annual External Financial Audit Policy & Procedures
Approved By and Date:
Board of Trustees, 9-08-2017
Executive Leadership Team, 8-25-2017
Policy:
In accordance with statutory requirements, and sound governance practices, the annual financial statements of Kilgore College will be audited each year by an independent Certified Public Accounting (CPA) firm. The CPA firm performing the audit will possess the necessary qualifications to perform the annual audit according to the applicable accounting and auditing standards generally accepted in the United States of America. The audit firm reports to the Board of Trustees.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-25-2017
- A Request for Qualifications (RFQ) will be issued no less than every five calendar years. (A) When issued, RFQs will be solicited by January 31, in order to provide for a timely selection process; (B) The college president will provide a synopsis of the solicitations received and make a recommendation to the Board Finance, Investment and Auditing Committee. Upon consideration of the recommendation, the Committee will take the recommendation to the full Board of Trustees (Board). (C) At the option of the Board of Trustees, the same firm will not be chosen as auditors for more than 5 out of any 10 years.
- The audit firm will initiate the annual audit by communicating with the Board Finance, Investment and Auditing Committee, the college president, and the vice president of administrative services/CFO. The Auditor will communicate with Trustees and college staff pursuant to applicable generally accepted auditing standards and governmental auditing standards.
- Results from the annual audit will be presented to the Board Finance, Investment and Auditing Committee, and then to the full Board during its December meeting, or in the event of an unforeseen delay, as soon thereafter as practicable.
- The vice president of administrative services/CFO is responsible for posting the audited financial report on the College’s website, and the distribution of the audited financial report to other governmental agencies, accrediting entities, credit rating agencies, and others as required or requested.
Anti-Harassment & Complaint:
View/Print PDF version of Anti-Harassment & Complaint Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-17
Executive Leadership Team, 11-16-17
Policy:
No member of the Kilgore College community may harass another. The College implements a specific way to review and resolve complaints of harassment by any member of the staff or faculty against another staff or faculty member. Appropriate corrective action will be taken by the College when it determines that harassment has occurred.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-16-17
Each supervisor has the responsibility to maintain a workplace free of harassment. This responsibility includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading, or exploitative treatment.
Definition:
Harassment is written, electronic, verbal or physical conduct that denigrates or shows hostility or aversion toward an employee or group of employees because of sex, race, color, religion, age, national origin, disability, veteran’s status, genetic information, or any other characteristic protected by institutional policy or local, state, or federal law and:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
- Such conduct is so severe, persistent, or pervasive that it has the effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or demeaning employment environment, and such conduct would do so for a reasonable person in the individual's position.
Harassing conduct includes (1) epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to any of the above listed protected classifications and/or (2) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of membership in any of the above listed protected classifications and that is placed on walls, bulletin boards, or elsewhere on College premises, or is circulated in the workplace. Harassment is prohibited regardless of whether or not the alleged harasser shares the same gender, sex, age, race, creed, national origin, religion, disability, or veteran status as the complaining party. Harassment is prohibited whether in the form of supervisor-employee, employeeemployee, employee-student.
Prohibited Conduct:
Employees will not engage in conduct constituting harassment. College officials or their agents will investigate all allegations of harassment and officials will take prompt and appropriate disciplinary action against employees found to engage in conduct constituting harassment.
Sexual harassment is a form of sex discrimination. Generally, sexual harassment includes any sexual advances that are unwelcome or sexually motivated conduct. Sexual harassment means conduct amounting to more than an occasional, isolated, or trivial act or remark. The following examples of sexual harassment are illustrations of prohibited conduct, but are not an all-inclusive list of such conduct:
- Physical assault, sexual advances, or touching intimate body parts.
- Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion or letters of recommendation.
- Direct propositions of a sexual nature.
- A pattern of conduct intended to discomfort or humiliate a person that includes one or more of the following: (a) Comments of a sexual nature. (b) Sexually explicit statements, questions, jokes, pictures, or anecdotes, even when carried out under the guise of humor regarding a particular classification. (c) Unnecessary touching, patting, hugging, or brushing against a person's body. (d) Remarks of a sexual nature about a person's clothing or body. (e) Remarks about sexual activity or speculations about previous sexual experience.
Generally, other types of harassment (race, religion, nation origin, etc.) include any attention based on such classification that is unwelcome. Harassment is conduct amounting to more than an occasional, isolated, or trivial act or remark. The following examples of harassment are illustrations of prohibited conduct, but are not an all-inclusive list of such conduct:
- Physical assault based on the classification.
- A pattern of conduct intended to discomfort or humiliate a person that includes statements, questions, jokes, pictures, or anecdotes (even when carried out under the guise of humor), or remarks in general about a person's clothing, body or culture regarding such classification.
Complaint Guidelines:
A complaint will be filed within twenty (20) business days of the date of the alleged conduct. If the complainant fails to report the alleged conduct within 20 business days, it could impair the College’s ability to investigate and/or address the alleged conduct. The complainant is strongly encouraged to submit the complaint in writing. The complainant will be provided a copy of the College’s anti-harassment policy and will be informed about the formal process of filing a complaint. Supervisory employees who suspect violations of this policy are required to submit a report. All other employees are encouraged to report known or suspected violations. All complaints and reports must be submitted to the director of human resources.
Kara Sharman
Kilgore College
1100 Broadway Blvd.
Kilgore, Texas 75662
(903) 983-8102
ksharman@kilgore.edu
All complaints of sexual harassment against a student must be submitted through the College’s
Nondiscrimination and Student Grievance Policy. The investigation and/or other requirements of the grievance process under the Nondiscrimination and Student Grievance Policy will be followed in all instances involving sexual harassment against a student.
Investigation Guidelines:
All reports and complaints of harassment will be reviewed and are subject to investigation by the director of human resources or designee. Upon receipt of any such report or complaint, the director of human resources will determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If there is a determination that the allegations, if proven, would constitute prohibited conduct, as defined herein, then the director of human resources or designee will immediately undertake an investigation. If there is a determination that the allegations, even if proven, would not constitute prohibited conduct as defined herein, then the College may still take action if warranted, but the complaint will be dismissed. The complainant will be notified of same in writing.
The investigation will be conducted by the director of human resources or designee. When appropriate, a third party (such as an attorney) may be the designee. When investigating the complaint, he/she will act as an impartial party rather than a representative of either the complaining or accused parties, and will not offer opinions on the matter when interviewing and investigating. Efforts will be made to maintain confidentiality of both parties during any investigation to the extent provided by law and to the extent it does not hinder the investigation, but, confidentiality cannot be guaranteed in any circumstance. This duty of confidentiality also extends to the complainant, alleged harasser, and others involved in the investigation. The College will attempt to complete this investigation within 30 days, though this is a goal rather than a deadline.
The following is a general guideline for investigations, but the course of an investigation may vary from case to case. An investigation normally will begin with an initial interview or meeting with the complainant. During the initial meeting with the complainant, information should be gathered such as the date, time, place, nature of the alleged harassment, frequency of the alleged conduct, the complainant’s response or reaction to the alleged conduct, and the names of any witnesses. The investigator shall interview other witnesses and gather other relevant evidence.
After meeting with the complainant and others with knowledge of the circumstances surrounding the allegations or relevant to the allegations, the director of human resources or designee will then meet with the alleged harasser. The alleged harasser will be provided a copy of this policy. If the director of human resources or designee determines that the nature of the charge appears to warrant immediate action, appropriate steps may be taken (with the approval of the College President) to protect the alleged harasser, or the complainant, or both, pending further investigation.
If the alleged harasser does not deny the complainant’s material allegations, the director of human resources or designee may attempt to resolve the complaint informally by acting as a facilitator or mediator between the alleged harasser and the complainant. Any proposed solutions or agreements are subject to the College President’s approval. If the alleged harasser denies the complainant’s material allegations, or if the director of human resources or designee determines that the matter deserves further inquiry, further investigation may be conducted.
After the investigation, a written report with findings and/or recommendations for action will be presented to the College President, to the complaining party, and to the alleged harasser. A written report will be prepared even if the investigator concludes that there is no evidence of a violation of the anti-harassment policy or if there is a mutually agreed upon informal resolution. This written report will be automatically reviewed by the College President. Both the complaining party and the alleged harasser will be given the opportunity to provide a written statement and other evidence for the College President’s review and the deadline for providing same will be given to both parties in writing. The College President will review the evidence and facts and make a final determination in the case. The College may take action based on the results of the investigation and review of the College President even if the conduct did not rise to the level of Prohibited Conduct. If the results of the investigation and review by the College President indicate that prohibited conduct occurred, then the College will take appropriate action. Actions may include, but are not limited to, written warning, reassignment, suspension from work, or termination of employment. If termination is recommended for the alleged harasser and the alleged harasser is a contractual employee, then the alleged harasser may follow the appeal guidelines as discussed in the Termination of Employment policy for Term Employees. In all other instances, the automatic review by the College President is the final level of appeal.
Retaliation Forbidden:
Retaliation against an individual who complains of harassment, an employee who reports harassment, or an employee who serves as a witness regarding same will not be tolerated and is a violation of College policy. Examples of retaliation include such negative employment actions as: termination, demotion, denial of promotion, unjustified negative evaluations, or refusal to hire. Retaliation may result in disciplinary action up to and including termination of an employee. Any person who feels that he or she is being retaliated against, either during or after an investigation pursuant to this policy, will report the incidents of retaliation to the investigator or human resources director. Such reports should be made as soon as possible after the alleged act. Failure to promptly report may impair the College’s ability to investigate and/or address the alleged conduct.
Other Provisions:
- A copy of this anti-harassment policy is to be available upon request by any faculty or staff member.
- Sexual harassment may result in not only civil liability but also criminal liability on the part of the harassing individual. Likewise, false charges may result in civil liability against the complaining party.
- An employee who intentionally makes a false claim, offers a false statement, or refuses to cooperate with a College investigator under this policy is subject to appropriate discipline, up to and including termination.
Awarding of Credit:
View/Print PDF version of Awarding of Credit Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-2018
Executive Leadership Team, 1-05-2018
Policy:
Kilgore College follows standards in the Texas Higher Education Coordinating Board’s Academic Course Guide Manual (ACGM), the Guidelines for Instructional Programs in Workforce Education (GIPWE), and the Workforce Education Course Manual (WECM), for determining the amount and level of credit awarded for all courses, regardless of format or mode of delivery.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-05-2018
Kilgore College instructional faculty leaders will use the ACGM to determine the amount and level of credit awarded for all transfer and developmental courses.
For those cases in which the ACGM gives options for the amount of credit for a course, faculty will use their professional judgement in selecting the amount of credit to be awarded, considering such factors as the number of semester credit hours allowed in the core curriculum component areas, the total amount of hours allowed for an associate’s degree, and the amount of contact hours necessary to accomplish the desired learning outcomes of the course.
Kilgore College instructional faculty leaders will use the GIPWE and the WECM to determine the amount and level of credit awarded for all workforce courses.
For those cases in which the GIPWE gives options for the amount of credit for a course, as published in the Workforce Education Course Manual, faculty will use their professional judgement in selecting the amount of credit to be awarded, considering such factors as the total amount of hours identified for an associate’s degree or certificate, requirements of external accrediting/licensing agencies, feedback from advisory committees, and the amount of contact hours necessary to accomplish the desired learning outcomes of the course.
For all courses, the format or mode of delivery will not be a determining factor when considering the amount or level of credit awarded.
Faculty instructional leaders take their recommendations to the Academic Policies and Curriculum Committee for consideration and approval.
Board of Trustees Conflict of Interest:
View/Print PDF version of Board Conflict of Interest Policy & Procedures
Approved By and Date:
Board of Trustees: 06-19-2017
Executive Leadership Team: 05-04-2017
Policy:
The Kilgore College Board of Trustees will avoid all personal, professional, and business conflicts of interest in the performance of their official duties. This includes avoiding potential and actual conflicts of interest, as well as perceptions of conflicts of interest.
Procedures:
Approved By and Date:
Executive Leadership Team: 05-04-2017
The Kilgore College Board of Trustees Procedure Manual outlines the following procedures for Trustees to follow in order to avoid all personal, professional and business conflicts of interest:
- All elected and appointed Kilgore College Trustees will complete a “Local Government Officer Conflicts Disclosure Statement” (FORM CIS) kept on file with the Assistant to the President. This form will be used to disclose areas of possible conflict of interest where the Trustee must abstain from participation. This form will be updated in June of each calendar year, is available for public inspection upon request, and will also be posted on the Board website.
- A Trustee who believes he or she has experienced a change in circumstances from the last filing that subsequently has caused him/her to have a conflict of interest will file an updated FORM CIS with the Assistant to the President not later than 5pm on the seventh business day after the date on which the Trustee becomes aware of the facts that require the filing of the statement (Local Government Code 176.003(a)). That Trustee will also notify the Executive Committee of the Board and will recuse himself/herself from any discussion, deliberation, and/or vote related to the conflict of interest.
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The Procedure Manual cautions Trustees not to accept or solicit any gift, favor, service or benefit that the Trustee should reasonably know is offered with the intent to influence his/her decisions or actions. Likewise, the Trustee is cautioned not to solicit, accept, or agree to accept any unauthorized gifts, services, or other benefits from having exercised the powers and responsibilities of his/her official position.
- Gifts include any items not obviously of an advertising nature. Gifts of an advertising nature are those with the name of the firm affixed which have an estimated value of $50.00 or less (Texas Penal Code 36.10.a.6)
- Excessive entertainment includes, but is not restricted to, transportation beyond district boundaries, and overnight accommodations. Strict adherence to these tenets protects and preserves Kilgore College’s independence from undue outside pressure and interference.
- Internally, a Trustee is cautioned not to solicit an employee of the college for favors, services or other benefits as those will constitute a conflict of interest between the Trustee and the employee.
- Furthermore, the Procedure Manual cautions that a Trustee must also be very careful in any business dealings (outside of college business) with either the college President, college administration, or their immediate family members so that any conflict of interest or perceived conflict of interest is avoided.
Board Evaluation:
View/Print PDF version of Board Evaluation Policy & Procedures
Approved By and Date:
Board of Trustees, 4-10-17
Executive Leadership Team, 3-21-17
Policy:
The Kilgore College Board of Trustees recognizes the importance of employing an annual Self-Assessment Questionnaire to evaluate Board health and effectiveness.
Procedures:
Approved By and Date:
Executive Leadership Team, 3-21-17
- Each year in conjunction with the President’s evaluation process, the Kilgore College Board of Trustees will complete a Self-Assessment Questionnaire.
- Results of the questionnaire will be compiled and distributed to the Board and to the President.
- The Board will then schedule a retreat to review its self-evaluation and address concerns in the way that the Board now functions in tandem with setting specific goals to pursue.
- This cycle will repeat itself.
- Each year the Self-Assessment Questionnaire, in addition to its normal content, will encompass questions specifically related to how successful the Board believes itself to have been in addressing its noted concerns and accomplishing its goals from the previous year’s Self-Assessment Questionnaire.
Board of Trustees Ethics:
View/Print PDF version of Board Ethics Policy
Approved By and Date:
Board of Trustees, 12-16-2019
Policy:
Policy Statement: Members of the Kilgore College Board of Trustees represent the general public and are expected to advocate for quality educational programming and services for students. To that end, Board members will adhere to the ethical standards below.
- Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning issues to be considered at those meetings.
- Bring about desired changes through legal and ethical procedures, upholding and enforcing all applicable statutes, regulations, and court decisions pertaining to community colleges.
- Work with other Board members to establish effective Board policies and to delegate authority for the administration of the College to the College President.
- Establish effective policies prohibiting unlawful discrimination, including conduct that constitutes sexual harassment or sexual violence.
- Set policy clearly prohibiting sexual harassment or sexual violence of students and College employees. Refrain from sexual harassment and sexual violence or the appearance of such behavior.
- Endeavor to make policy decisions only after full discussion at publicly held Board meetings.
- Render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups.
- Encourage the free expression of opinion by all Board members.
- Communicate to other Board members and the College President expressions of public reaction to Board policies and College programs.
- Stay informed about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the Texas Higher Education Coordinating Board (THECB), Community College Association of Texas Trustees (CCATT), and the Association of Community College Trustees (ACCT).
- Avoid being placed in a position of conflict of interest.
- Refrain from using the position of trustee for personal or partisan gain.
- Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law.
- Place the educational welfare of students attending Kilgore College above all else.
Classification of Employees as Exempt or Non-Exempt:
View/Print PDF version of Classification of Employees as Exempt or Non-Exempt Policy & Procedures
Approved By and Date:
Board of Trustees: 08-12-2019
Executive Leadership Team: 08-2-2019
Policy:
The College President or designee, within guidelines set out in federal statutes and/or regulations, shall determine the classification of positions or employees as “exempt” or “non-exempt” for purposes of compliance with the Fair Labor Standards Act (FLSA). Generally, executive administrative, faculty, professional, and supervisory personnel are considered “exempt” under FLSA.
Procedures:
Approved By and Date:
Executive Leadership Team: 8-29-2022
The minimum wage and overtime provisions of the FSLA do not apply to any employee employed in a bona fide executive, administrative, or professional capacity. Thus, these employees are classified as “exempt” employees. All other employees are classified as “non-exempt” and are subject to minimum wage and overtime provisions of the FLSA.
Non-exempt employees are often thought of as hourly employees; however, there is no requirement that they be paid on an hourly basis. Under the FLSA, non-exempt employees can be paid hourly or be paid a salary as long as their weekly compensation equals at least minimum wage for all hours worked and overtime is paid for hours in excess of 40 in a workweek.
KC pays full-time non-exempt employees on a salary basis, thus considering them “salaried non- exempt. Although KC chooses to pay full-time non-exempt employees a salary, the College must still track and record actual time worked by employees in this category; and, if overtime is worked, the College must calculate the regular hourly rate on which the overtime rate is based and pay for all overtime worked.
Classification of a position as “exempt” or “non-exempt” will be included on the official job description/posting and will be documented as such in the employee’s personnel file.
Kilgore College adheres to the following definitions in determining if an employee is eligible to be classified as exempt:
Administrative Employee:
The term “employee employed in a bona fide administrative capacity” shall mean any employee:
- Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities;
- Whose primary duty is the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer's customers; and
- Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
Executive Employee:
The term "employee employed in a bona fide executive capacity" shall mean any employee:
- Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities;
- Whose primary duty is to manage the College or a recognized department of the College;
- Regularly and customarily directs the work of at least two full-time employees or their equivalent; and
- Has authority to hire and/or fire other employees, or his/her recommendations or suggestions regarding the hiring, firing, advancement, promotion, or other change of status of other employees must be given significant weight.
Academic Administrator:
The term “employee employed in a bona fide administrative capacity” also includes an employee:
- Who is compensated for services on a salary or fee basis at a rate of not less than $684 per week exclusive of board, lodging, or other facilities, or on a salary basis that is at least equal to the entrance salary for teachers in the educational establishment by which employed; and
- Whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment or department or subdivision thereof.
“Performing administrative functions directly related to academic instruction or training” means work related to the academic operations and functions of the institution of higher education rather than to administration along the lines of general business operations. Such academic administrative functions include operations directly in the field of education. Jobs relating to areas outside the educational field are not within the definition of academic administration.
- Employees engaged in academic administrative functions include:
- Department heads in institutions of higher education responsible for the administration of instructional departments;
- Academic counselors and advisors who perform work such as assisting students with academic problems and advising students concerning degree requirements; and
- Other employees with similar responsibilities.
Jobs relating to building management and maintenance do not perform academic administrative functions, although such employees may qualify for another exemption.
Professional Employee:
An “employee employed in a bona fide professional capacity” shall mean any employee:
- Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities; and
- Whose primary duty is the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual, and which includes consistent exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.
"Work requiring advanced knowledge" cannot be attained at the high school level. Professional work is distinguished from work involving routine mental, manual, mechanical or physical work. A professional employee generally uses the advanced knowledge to analyze, interpret, or make deductions from varying facts or circumstances.
"Fields of science or learning" include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status.
"Customarily acquired by a prolonged course of specialized intellectual instruction" generally means having the appropriate academic degree. This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction.
Faculty:
Teachers/Faculty are exempt if they have a primary duty of teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed.
The term “educational establishment” means an institution of higher education or other educational institution. The salary level and salary basis requirements do not apply to teachers/faculty.
Exempt teachers include: regular academic teachers; teachers of skilled and semi-skilled trades and occupations; and vocal or instrumental music instructors. Those faculty members who are engaged as teachers but also spend a considerable amount of their time in extracurricular activities such as coaching athletic teams or acting as moderators or advisors in such areas as drama, speech, debate, or journalism are engaged in teaching. Such activities are a recognized part of the schools’ responsibility in contributing to the educational development of the student.
Creative Professional:
An "Employee employed in a bona fide professional capacity" shall also mean any employee:
- Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities; and
- Whose primary duty is the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
"Recognized field of artistic or creative endeavor" includes fields such as music, writing, acting, and the graphic arts. These requirements are determined on a case-by-case basis but are generally met by actors, musicians, composers, soloists, certain painters, writers, essayists, cartoonists, and novelists.
Computer Employees:
Computer systems analysts, computer programmers, software engineers, or other similarly skilled workers in the computer field are eligible for exemption as professionals. Because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the applicability of this exemption. The exemption applies to any computer employee compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging or other facilities and to any computer employee compensated on an hourly basis at a rate not less than $27.63 an hour. In addition, the exemption applies only to computer employees whose primary duty consists of:
- The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
- The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system
- design specifications;
- The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
- A combination of the aforementioned duties, the performance of which requires the same level of skills.
Computer employees within the scope of this exemption, as well as those employees not within its scope, may also have executive and administrative duties that qualify the employees for exemption under 29 C.F.R. Part 541, Subpart B or Subpart C. For example, systems analysts and computer programmers generally meet the duties requirements for the administrative exemption if their primary duty includes work such as planning, scheduling, and coordinating activities required to develop systems to solve complex business, scientific, or engineering problems of the employer or the employer's customers. Similarly, a senior or lead computer programmer who manages the work of two or more other programmers in a customarily recognized department or subdivision of the employer, and whose recommendations as to the hiring, firing, advancement, promotion, or other change of status of the other programmers are given particular weight, generally meets the duties requirements for the executive exemption.
Salary Basis:
To qualify as an exempt executive, administrative, or professional employee, the employee must be compensated on a salary basis as described in 29 C.F.R. 541.600, unless the employee is a teacher. Subject to the exceptions listed in 29 C.F.R. 541.602, an employee must receive the full salary for any week in which the employee performs any work, without regard to the number of days or hours worked. An employer that makes improper deductions from salary shall lose the exemption if the facts demonstrate that the employer did not intend to pay exempt employees on a salary basis.
Highly Compensated Employees:
An employee with total annual compensation, as described by 29 C.F.R. 541.601, of at least $100,000 is deemed exempt if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee identified in 29 C.F.R. Part 541, Subparts B, C, or D.
Wage and Hour Records:
Kilgore College will maintain and preserve payroll or other records for non-exempt employees containing the information required by the regulations under the FLSA.
[KS1]Future consideration; treat non-exempt/hourly employees as Hourly, and begin paying in arrears to capture true hours worked to be paid on the applicable pay date.
College Cell Phone Usage:
View/Print PDF version of College Cell Phone Usage Policy & Procedures
Approved By and Date:
Board of Trustees: 08-12-2019
Executive Leadership Team: 07-25-2019
Policy:
Kilgore College provides cell phones to certain employees to ensure the highest degree of service, safety, and efficiency to and on behalf of the College. Cell phones are provided for business use and are the property of Kilgore College.
Procedures:
Approved By and Date:
Executive Leadership Team: 07-25-2019
- The requesting Division Dean/Supervisor may approve a cell phone for an employee. An approved Cell Phone Authorization Form must be submitted by the employee prior to receiving a phone or phone upgrade.
- The College and the employee understand that the cell phone and any information contained on it are subject to open records requests per Section 552.002(a-2) of the Public Information Act (PIA). The PIA defines public information to include: “any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business.”
- The employee must certify that the cell phone will be used primarily for business purposes.
- Any violation of the College Cell Phone Usage Policy may result in a loss of access, disciplinary action (up to and including termination), or other legal action.
- Employees are expected to take steps to safeguard the information on the cell phone as they would any other piece of College information or property.
- Employees are expected to provide their cell number to their supervisor in case of an emergency.
- Employees are expected to register their cell number with the College RAVE Emergency Notification System.
- Employees may be required to return the College-issued cell phone or to reimburse the College for excessive personal use charges.
- Employees are required to return all College-issued cell phone equipment and accessories upon:
- Discontinuation of College related use
- Disciplinary revocation due to unauthorized use; or
- End of their employment with the College
- Employees are responsible for any damage, abuse, neglect, loss, or theft of a College- issued cell phone.
- The College-issued cell phone may not be used for illegal, disruptive, unethical, or unprofessional activities, or for personal gain, or for any purpose that would jeopardize the interest of the College.
- The College has the authority to monitor the College-issued cell phone usage.
- The use of a cell phone for texting, as well as reading and writing emails, is prohibited while driving in the State of Texas. Employees using a College-issued phone are to use the “hands free mode” while driving. When driving in another state, it becomes the employee’s responsibility to know the laws governing cell phone usage for that state.
College Events and Facility Rentals: Alcohol Use:
View/Print PDF version of College Events and Facility Rentals: Alcohol Use Policy & Procedures
Approved By and Date:
Board of Trustees: 06-19-2017
Executive Leadership Team: 05-22-2017
Policy:
The Kilgore College President is authorized to permit the possession, use, serving and/or consumption of alcoholic beverages by persons aged 21 and over as follows:
- At designated College facilities as part of a specifically defined and approved academic curricular program or class (e.g., culinary arts, East Texas Police Academy, etc.);
- At official events sponsored by the College;
- At special fund-raising functions for the College sponsored by the College or the Kilgore College Foundation; or
- At approved events being held at the College through a facility rental agreement.
The Kilgore College President has the right to deny any or all requests under this policy.
Procedures:
Approved By and Date:
Executive Leadership Team: 05-22-2017
The following procedures will be followed when alcoholic beverages are permitted at college sponsored events or functions, regardless of whether the event is held on or off campus.
- Alcoholic beverages will not be permitted without the specific authorization of the College President.
- Kilgore College institutional funds cannot be used to purchase alcohol unless the purchase is part of a specifically defined and approved academic curricular program or class.
- Under no circumstances will individuals be allowed to bring their own alcoholic beverages.
- Alcoholic beverages will only be permitted at events, functions and/or activities that are not intended to be “student related” functions unless the function is part of a specifically defined and approved academic curricular program or class.
- On campus events that are authorized to serve alcoholic beverages should be held at a time and/or location that minimizes contact or interaction with students. Attendance of students, staff or guests who are under the age of 21 is not permitted.
- Any group sponsoring a function at which alcoholic beverages are to be served will be responsible for providing appropriate personnel to verify the age of attendees at the entry point of the event.
- Alcoholic beverages may not be served without food also being served.
- Cash bars will be permitted only in strict conformity with the rules and regulations of the Texas Alcoholic Beverage Commission.
- Any group sponsoring a function at which alcoholic beverages are to be served will be responsible for providing appropriate security as required by the KC Chief of Police.
- Outside individuals or organizations renting College facilities for an event may request, as part of the rental request, the ability to serve alcoholic beverages. Typically, approval will only be granted for those events that will not have guests under the age of 21.
- Approval of rental requests that include the serving of alcoholic beverages will be conditioned upon compliance with all facets of this procedure and the use of an insured caterer/bartender licensed under the Texas Alcoholic Beverage Commission to serve alcoholic beverages. In addition, a separate damage deposit will be required and will be based upon the size of the event. Any damages incurred will be billed at the actual cost of repair/replacement, less the deposit amount.
- All parties serving alcoholic beverages must comply with College policy, local ordinances, the rules and regulations of the Texas Alcoholic Beverage Commission, laws of the State of Texas and federal law, including but not limited to the Drug-Free Schools and Communities Act and the Drug-Free Workplace Act.
- Federal law, state law and local ordinances shall be strictly enforced at all times on all property owned, leased or controlled by the College in regards to the possession and consumption of alcoholic beverages.
- Additional requirements may be imposed at the discretion of the Kilgore College President.
Compensation:
View/Print PDF version of Compensation Policy & Procedures
Approved By and Date:
Board of Trustees: 4-13-2020
Executive Leadership Team: 4-3-2020
Policy:
Kilgore College will develop and maintain a fair and competitive salary structure. The College will strive to provide compensation consistent with appropriate job markets for similar skills, responsibilities, educational qualifications, and working conditions, while maintaining internal equity with existing jobs.
Procedures:
Approved By and Date:
Executive Leadership Team: 8-29-2022
All College employees are paid according to a salary schedule established by the College president effective the start of the fiscal year after the Board of Trustees approves the budget.
The president is the only College employee with discretion to grant a salary schedule exception or approve salary stipends. With the exception of instructional deans who have the authority to adjust adjunct/overload pay according to class enrollment, any other supervisor making nonauthorized salary schedule exceptions will face disciplinary action, up to and including termination.
The College president has the authority to approve appointments or placements of qualified employees to appropriate salary levels and may revise the compensation procedures when needed to support the College’s operational goals, strategic priorities, or response to state, local, or national emergencies.
The College will accommodate new jobs and changes in existing jobs, as well as adjust to changes in economic conditions and the job market.
The Human Resources Department is responsible for keeping current with regulatory changes and for modifying procedures and practices as necessary to comply with those changes.
All employees of Kilgore College will be paid through direct deposit. The College will not provide salary advances or loans to its employees in any circumstance.
For employees designated as non-exempt under the “Classification of Employees as Exempt or Non-Exempt Policy,” Kilgore College will pay not less than minimum wage for all hours worked. The College will pay non-exempt employees not less than one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 in any workweek. A work week is defined as Sunday through Saturday.
Non-Exempt/hourly employees must clock in and out using the timekeeping system. Punches will round to the nearest 5-minute increment. Employee work schedules or changes will be communicated to employees by the employee’s manager/supervisor.
Overtime:
- Overtime work is determined by business needs and is mandatory when required, unless an employee has a legitimate reason for being excused.
- Overtime is actual work hours in excess of forty-hours (40) during a work week.
- Overtime is permitted only when authorized in advance by the supervisor or is announced as scheduled work time. Failure to report for scheduled overtime is a significant violation of an employee’s responsibility and as a result is subject to disciplinary action.
- When overtime is required, a non-exempt employee receives pay at the rate of one and one-half (1½) times their hourly rate of pay for all hours actually worked in excess of forty (40) hours during a work week. Paid time off (Vacation, Holidays, Sick Time Off, etc.) and any hours not actually worked are not treated as time worked.
Concealed Handgun:
View/Print PDF version of Concealed Handgun Policy & Procedures
Approved By and Date:
Board of Trustees, 4-10-17
Executive Leadership Team, 3-22-17
Policy:
- Kilgore College is committed to providing a safe and secure living, learning and working environment for all students, faculty, staff, and community visitors in a diverse campus community setting. As provided by law, handgun license holders may carry concealed weapons on Kilgore College campuses, except for a limited number of exclusion zones and certain necessary restrictions as outlined in the accompanying procedures.
- The open carrying of handguns is prohibited on campus.
- Licensed peace officers are authorized by law to carry firearms at all times both open carry and concealed carry. Licensed peace officers who are open carrying must have law enforcement identification easily visible to the public.
- In compliance with Texas S.B. 11, the Kilgore College Board of Trustees established this policy upon recommendation of the college administration and the concealed carry committee. This committee developed and presented recommendations after consulting with Kilgore College students, staff, and faculty about the nature of the student population, specific safety considerations, and the uniqueness of the campus environment. This policy was reviewed by the Kilgore College Board of Trustees as required by law.
Procedures:
Approved By and Date:
Executive Leadership Team, 3-22-17
Definitions:
- Campus: All land and buildings owned or leased by an institution of higher education.
- Concealed Carry: The handgun’s presence is not openly discernable to the ordinary observation of a reasonable person.
- Exclusion Zones: Areas where the carrying of a handgun by a license holder is prohibited. These areas are to be indicated by signage in compliance with Penal Code 30.06(c)(3).
- Handgun: Any firearm that is designed, made, or adapted to be fired with one hand.
- Handgun License: A license issued by the State of Texas or another U.S. state recognized under the Texas Government Code 411, Subchapter H allowing an individual to carry a handgun on or about their person.
- Holster: A device specifically designed and manufactured to be worn on the body and have sufficient tension or grip to retain a handgun securely while being jostled. It must be designed to completely cover the trigger and the entire trigger guard area.
- Residential Facilities: Dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.
- Testing Center: Any facility owned or utilized by Kilgore College in which the administration or proctoring of exams by a Kilgore College Testing Center is actually occurring or imminently about to occur.
Exclusion Zones: Handgun license holders are responsible for obeying all properly posted exclusion zones. Exclusion zones will have signage that prohibits handguns and is compliant with Penal Code 30.06(c)(3). Kilgore College excludes concealed handguns in the following areas:
- Exclusions Required by Other Entities. Areas for which state or federal law, licensing requirements, or contracts require exclusion exclusively at the discretion of the state or federal government, or in which handguns are prohibited by an accrediting authority. Refer to Appendix A for a list of exclusion zones.
- Patient Care Areas. Section 46.035(b)(4) of the Penal Code excludes hospitals licensed under Chapter 241 of the Health and Safety Code. By analogy and extension, patient care areas will be excluded, including hospitals, clinics, and mental health treatment areas. A “patient care area” is restricted to patient care areas for which a formal record of treatment is maintained. Refer to Appendix A for a list of exclusion zones.
- Areas Where Discharge of a Handgun Might Cause Widespread Harm. Laboratories and instructional areas with extremely dangerous chemicals, biologic agents, explosive agents, compressed gases, or equipment that is incompatible with metallic objects, such as magnetic resonance imaging machines, are exclusion zones. Refer to Appendix A for a list of exclusion zones.
- Premises in or on which a Sporting Event is Taking Place. Section 46.035(b)(2) of the Penal Code prohibits concealed handguns at high school, collegiate, and professional sporting events. By analogy and extension, any sporting event is excluded on Kilgore College campuses, whether an intercollegiate event or not. Refer to Appendix A for a list of exclusion zones. The Athletic Department will be responsible for the placement and removal of the exclusion signs for these sporting events.
- Formal Hearing Areas. Section 46.03(a)(3) of the Penal Code excludes “any government court or offices utilized by the court.” Any facility used as a hearing room that operates similar to a court, i.e., where an individual or panel is designated under institutional policy to adjudicate the rights or privileges of a student or an employee of the institution, may be excluded. Refer to Appendix A for a list of exclusion zones.
- Areas where K-12 School Sponsored Activities Are Conducted. Section 46.03(a)(1) of the Penal Code prohibits the carrying of handguns on “any grounds or building on which an activity sponsored by a school … is being conducted.”
- Open Meetings Area. Section 46.035(c) of the Penal Code prohibits a licensee from carrying handgun regardless of whether the handgun is concealed in the room or rooms where any meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
- Presidential Directive to Maintain Public Safety. Any premises where the college, as directed or approved by the President as necessary for campus safety, gives effective notice on a temporary basis pursuant to Section 30.06, Penal Code. For this rule, the term “owner of the property” in Section 30.06(b), Penal Code, means the President of the college. No college employee is “someone with apparent authority to act for the owner” for purposes of Section 30.06(b), Penal Code. All notices under Section 30.06, Penal Code, will be institutional notice, conform to Sections 46.03 and 46.035, Penal Code, and apply equally to all handgun license holders;
Review of Exclusion Zones: Future proposals and recommendations for exclusion zones will be reviewed by the Kilgore College Campus Police; Environmental Safety, Construction & Facilities Manager; and the President. Each person proposing an exclusion zone is responsible for providing the justification for the exclusion zone based on a provision of this policy. Exclusion zone recommendations should be presented to the President by the end of each academic year. Campus Police will maintain signs available for temporary exclusion zones.
Training: Additional training will be provided by the college for those interested in more in-depth information about campus carry and related issues. Responsibility for campus carry training rests with Campus Police, Vice President of Student Development, and Human Resources.
Residential Facilities: Senate Bill 11 provides that, “An institution of higher education … may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.”
Any resident of campus housing who is a handgun license holder and wants to store a handgun in his/her assigned room must request a gun safe that will be provided by the student housing department. Residents may not provide their own personally owned safe for the purpose of handgun storage. The resident may not provide access to his/her handgun safe to any other individual. Failure to comply with this rule may result in removal from campus housing and subject the student to the college student conduct process.
The Residential Life department will develop roommate selection clauses for students who do not wish to room with licensees. The residential housing application will be revised to provide an opportunity for residents to self-select a non-license holder as a roommate. For example, applicants could be asked to indicate on the residential application form, “I voluntarily disclose that I am not licensed to carry a concealed handgun, and I request a roommate who has made this same voluntary disclosure.”
Requirement for Holster: A license holder who carries a handgun on campus must carry it in a holster or other secure weapon case that completely covers the trigger and the entire trigger guard area. The holster must have sufficient tension or grip on the handgun to retain it in the holster even when subjected to unexpected jostling.
Inclusion in Syllabi: The following statement shall be included in all syllabi:
- “We respect the right and privacy of those who are duly licensed to carry concealed weapons in this class. License holders are expected to behave responsibly and keep a handgun secure and concealed. Open carry is not allowed. More information is available at http://www.kilgore.edu/campuscarry.”
Enforcement: If a person is believed to have improperly displayed a handgun or carried a handgun into a location where concealed carry is not permitted, the campus police should be contacted.
Any violation of state law on the campuses may lead to the filing of criminal charges. The college will consider any violation of state law regulating firearms to be a violation of this policy. Accordingly, such a violation is subject to disciplinary action under the student code of conduct or personnel policies.
The licensing statute, Chapter 411, Government Code, effectively requires that the handgun be “concealed,” meaning that the handgun’s presence is “not openly discernable to the ordinary observation of a reasonable person.” Similarly, Section 46.035, Penal Code, on unlawful carry by a licensed holder, prohibits intentional display of the handgun in plain view of another person in a public place as well as possession, whether or not concealed, in specific areas. The open carrying of handguns is prohibited on campus.
Student and employee policies will be modified to provide for disciplinary action for violating the Kilgore College Campus Carry Policy and shall include the following language:
- "License holders bear the responsibility for safeguarding their handguns at all times and must take all necessary precautions to ensure their handguns are secured in a manner that is most likely to prevent theft, loss, damage or misuse. Failure to secure a handgun at all times on the Kilgore College campus will be considered a failure to use reasonable care. License holders affiliated with Kilgore College who fail to use reasonable care in securing their handguns or act negligently are subject to disciplinary action, up to and including suspension, termination or non-renewal of appointment, or dismissal.”
APPENDIX A:
FACILITY/PROGRAM/OFFICE |
AREA EXCLUDED |
TIMEFRAME |
---|---|---|
|
Entire Health Science Center – all floors. |
PERMANENT |
|
Entire KCPD office suite on the Kilgore Campus. |
PERMANENT |
|
Testing Centers on the Kilgore and Longview campuses and/or anywhere else on campus utilized as a temporary testing center. |
PERMANENT: Full-time Testing Centers. TEMPORARY: During the operation of temporary testing centers. |
|
Participants of the Basic Peace Officer Course will be prohibited from carrying while participating in the course. |
TEMPORARY: During participation in the course. |
|
Participants of the Basic Firefighter Course will be prohibited from carrying while participating in the course. |
TEMPORARY: During participation in the course. |
|
Entire Human Resources office suite in the McLaurin Administration Building and/or anywhere else on campus that a personnel hearing or action takes place. |
TEMPORARY: During personnel hearings and actions. |
|
Entire VPSD office suite in the Devall Student Center and/or anywhere else on campus that a student hearing or action takes place. |
TEMPORARY: During student hearings and actions. |
|
Entire Administration Building when open meetings are held there. |
TEMPORARY: During open meetings. |
|
Entire or portion of the PE/Fitness Center when 1) a sporting event is taking place or 2) a K-12 school sponsored activity is conducted. Private renters of the facility may exclude handguns. |
TEMPORARY: During sporting, K-12 events, or a private rental. |
|
Entire Masters Gym when 1) a sporting event is taking place or 2) a K-12 school sponsored activity is conducted. Private renters of the facility may exclude handguns. |
TEMPORARY: During sporting, K-12 events, or a private rental. |
|
Entire St. John Stadium when 1) a sporting event is taking place or 2) a K-12 school sponsored activity is conducted. Private renters of the facility may exclude handguns. |
TEMPORARY: During sporting, K-12 events, or a private rental. |
|
Entire Softball Field Complex when 1) a sporting event is taking place or 2) a K-12 school sponsored activity is conducted. Private renters of the facility may exclude handguns. |
TEMPORARY: During sporting, K-12 events, or a private rental. |
|
During a K-12 school sponsored activity. Private renters of the facility may exclude handguns. |
TEMPORARY: During K-12 events or a private rental. |
|
During a K-12 school sponsored activity. Private renters of the facility may exclude handguns. |
TEMPORARY: During K-12 events or a private rental. |
|
Entire Administration office suite in the Hendrix Building and/or anywhere else on campus that a student hearing or action takes place. |
TEMPORARY: During personnel or student hearings and actions. |
|
Any specified temporary area that the President designates to maintain public safety |
TEMPORARY |
All exclusion zones must be clearly marked by the required signage for the exclusion to be in effect. |
Depository Contract:
View/Print PDF version of Depository Contract Policy & Procedures
Approved By and Date:
Board of Trustees, 8-12-2018
Executive Leadership Team, 07-25-2019
Policy:
The Board shall select one or more depositories for banking services in accordance with Education Code 51.003, through a competitive bid process.
Procedures:
Approved By and Date:
Executive Leadership Team, 07-25-2019
This policy specifies that Education Code Section 51.003 establishes the statutory guidance for selection and contracting for depository (banking) services.
While the Board acknowledges that there is no statutory limitation in Education Code 51.003 on the length of term for a depository contract or its renewal, in the interest of prudent fiscal oversight the college shall use the following guidelines:
- The college will seek competitive bids for depository services every ten (10) years, or earlier at the Board’s discretion;
- The stated length of term for a depository contract shall be a maximum of ten (10) years.
- The current depository institution may submit a competitive bid for consideration.
- The Board may extend or renew a current depository contract as needed if it is deemed in the best interest of the college.
Distance Learning:
View/Print PDF version of Distance Learning Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 8-25-2017
Policy:
Distance learning courses and programs shall meet the same high standards of quality as those offered on campus and at off-campus instructional sites. Kilgore College will offer distance learning courses and programs in accordance with:
- Applicable law;
- Policies and guidelines of the Southern Association of Colleges and Schools Commission on Colleges;
- Policies and guidelines of the Texas Higher Education Coordinating Board; and College policies and procedures.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-25-2017
Definitions:
- Distance learning shall be defined as a formal educational delivery process that allows for students and instructors to be in different physical locations for 50% or more of the instructional time.
- A distance learning course shall be defined as a course in which 50% or more of the instruction occurs when the student and instructor are not in the same physical location. Two categories of distance learning include:
- Fully distance learning course – a course that may have mandatory face-to-face sessions totaling no more than 15% of the instructional time. Examples of face-to-face sessions may include orientation, laboratory, exam review, and in-person exams.
- Hybrid/Blended course – a course in which at least 50% but no more than 85% of the planned instruction occurs when the student and instructor are not in the same place.
3. A distance learning degree or certificate program shall be defined as a program in which a student may complete 50% or more of the required credit hours through distance learning courses.
Procedures:
In order to ensure that distance learning courses programs meet the same high standards of quality as those offered on campus and at off-campus instructional sites, the vice president of instruction, in collaboration with the director of distance learning and faculty, will:
- Provide approval, coordination, delivery, and evaluation of courses and programs;
- Implement and manage effective instructional technology and related resources to facilitate delivery of courses and programs;
- Ensure all courses and programs are comparable and meet the quality standards applicable to on-site courses and programs;
- Provide faculty members with ongoing technical and pedagogical training and with support services that are appropriate and specific to distance learning;
- Ensure that students enrolled in distance learning courses are provided appropriate academic services, student services, and technical support; and
- Provide distance learning students with an adequate procedure for resolving complaints.
- Assess and evaluate instruction, courses, programs and student learning outcomes in accordance with the College’s ongoing institutional effectiveness practices.
Eligibility for Salary Increases and Retention Payments:
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 9-8-2019
Policy:
Kilgore College may grant percentage increases to salaries if fiscal conditions allow. The College may also grant periodic retention payments if fiscal conditions allow. Eligibility for each of these will be determined according to the criteria in the Procedures section below.
Procedures:
Approved By and Date:
Executive Leadership Team, 9-18-2019
Salary increases and the awarding of retention payments will be approved as part of the Board of Trustees’ approval of the College’s annual budget. Employees who begin work on or before June 1 are eligible for percentage salary increases that are effective September 1. Incumbent workers who change positions are eligible for the percentage salary increase based on the new position’s salary as long as they are in the new position on or before September 1. Employees who begin work on or before September 1 are eligible to receive retention payments that are awarded in November.
Employee Background Check:
View/Print PDF version of Employee Background Check Policy & Procedures
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 9-16-2019
Policy:
All candidates for employment with Kilgore College are required to complete a background investigation successfully before being hired by the College. This includes candidates for full-time, part-time, temporary, student assistant, and work-study positions. Passing this background check is a condition of employment and no recommended candidate may begin working until a successful check is confirmed by the Office of Human Resources.
Procedures:
Approved By and Date:
Executive Leadership Team, 9-16-2019
The Office of Human Resources will conduct background checks on recommended candidates. Once a candidate has been given final approval by the President, the Human Resources Director will have the candidate fill out and sign a background check consent form. The Human Resources Director will run the background check and will typically receive the results within a twenty-four hour period. Once the results are known, the candidate and the hiring supervisor will be notified.
Employee Dependent Child Scholarship:
View/Print PDF version of Employee Dependent Child Scholarship Policy & Procedures
Approved By and Date:
Board of Trustees, 2-27-17
Executive Leadership Team, 2-2-17
Policy:
Dependent children of full time employees may be eligible to receive an institutional scholarship in an amount equivalent to the in-district tuition and general education fee costs. Application for this scholarship and eligibility determination must occur annually.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-2-17
1. Prospective scholarship recipients must file the annual Free Application for Federal Student Aid (FAFSA) application and receive their Student Aid Report (SAR) before scholarship eligibility can be determined. NOTE: Students claiming independent status when filing their FAFSA have waived their dependency rights and are not eligible for this scholarship. Dual credit/early admission students need not file the FAFSA.
2. “Dependent children” of full-time employees who have a minimum of one year of service at Kilgore College and are in good standing with the institution will be considered eligible for this scholarship.
3. Dependency must be documented through one of the following means:
- The student is claimed as a dependent on the employee’s most recent IRS tax return; or
- The student is covered by the employee’s Kilgore College sponsored insurance plan; or
- The employee is currently paying child support to/on behalf of the student; or
- The student lists dependency to the employee on his/her FAFSA application.
Employees who do not meet the eligibility requirements but who have extenuating circumstances may request a review of their eligibility status by completing a review request form This form can be found on the Human Resources website.
4. This scholarship will have the following limitations:
- A maximum of 60 attempted semester credit hours (or equivalent continuing education certificate clock hours) will be covered.
- Participants will be limited to one degree or certificate except in the case of stackable credentials where the certificate is a direct segue into the associate’s degree occurring without loss of hours.
- Only in-district tuition and general education fees will be paid; out-of-district fees, course specific fees, books, uniforms, supplies, etc. will not be covered.
- This will be a non-liquidated scholarship; thus, no cash will accrue to the student.
- Students will maintain satisfactory progress and must meet 2.5 Satisfactory Academic Progress (SAP). A student who is meeting SAP will have a 2.5 cumulative grade point average or above.
For more information on this employee benefit, please contact the Human Resources Office.
Employee Ethics:
View/Print PDF version of Employee Ethics Policy & Procedures
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 11-12-2019
Policy:
All employees of Kilgore College will hold themselves and each other to the following code of ethics. We will:
- Treat all persons with respect, dignity, and justice, discriminating against no one on any arbitrary basis such as race, color, religion, national origin, sex, age, disability, marital status, veteran status, or genetic information.
- Strive to help each student realize his or her full potential as a learner and as a human being.
- By example and action, encourage and defend the unfettered pursuit of truth by employees and students supporting the free exchange of ideas, observing the highest standards of academic honesty and integrity, and seeking always an attitude of scholarly objectivity and tolerance of other viewpoints.
- Work to enhance cooperation and collegiality among students, faculty, administrators, Board members, and other personnel.
- Recognize and preserve the confidential nature of professional relationships, neither disclosing nor encouraging the disclosure of information or rumor that might damage or embarrass or violate the privacy of any other person.
- Maintain competence through continued professional development, demonstrate that competence through consistently adequate preparation and performance, and seek to enhance that competence by accepting and appropriating constructive criticism and evaluation.
- Work cooperatively and respectfully with all Board members, employees, and students, and act in the best interest of the College as a whole.
- Make the most judicious and effective use of the College’s time and resources.
- Fulfill the employment agreement both in spirit and in fact, give reasonable notice upon resignation, and neither accept tasks for which we are not qualified nor assign tasks to unqualified persons.
- Support the goals and ideals of the College and act in public and private affairs in such a manner as to bring credit to the College.
- Refrain from accepting or soliciting any gift, favor, service, or benefit that we should reasonably know is offered with the intent to influence our decisions or actions. Likewise, refrain from soliciting, accepting, or agreeing to accept any unauthorized personal gifts, services, or other benefits from having exercised the powers and responsibilities of our official positions.
- Refrain from engaging in sexual harassment or sexual violence of students, colleagues, or any other person, including at off-campus activities and events, and adhere to the College’s Anti-Harassment & Complaint Policy.
- Observe the stated policies and procedures of the College, reserving the right to seek revision in a judicious and appropriate manner.
- Support the right of all employees to academic freedom and due process.
- Refrain from supporting the continuation of employment by the College of an individual whose persistently unethical conduct or professional incompetence has been demonstrated through due process.
- Participate in the governance of the College by accepting a fair share of committee and institutional responsibilities.
Employee Nondiscrimination & Grievance
View/Print PDF version of Nondiscrimination & Grievance Policy & Procedures
Approved By and Date:
Board of Trustees, 8-24-2020
Executive Leadership Team, 8-14-2020
Policy:
Kilgore College prohibits discrimination, including harassment, against any employee on the basis of sex, race, color, religion, age, national origin, disability, veteran’s status, genetic information, gender identity, sexual orientation, or any other characteristic protected by institutional policy or local, state, or federal law. The institution is committed to promptly responding to and resolving concerns involving allegations of illegal discrimination, including illegal harassment, in violation of local, state and/or federal civil rights laws and/or regulations.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-14-2020
To ensure that the process for considering employee grievances is well publicized, reasonable, and fairly administered, the Kilgore College Title IX Coordinator will coordinate the employee grievance process for the entire institution. Victims of sexual harassment, sexual assault, dating or domestic violence, or stalking have the right to report the incident to the institution and to receive a prompt and equitable resolution of the report.
Definitions:
- Discrimination: Discrimination against an employee is defined as conduct directed at an employee on the basis of sex or gender, including gender identity and gender expression, that adversely affects the employee’s employment.
-
Sexual Harassment: Sexual harassment is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:
- Submission to the conduct is either explicitly or implicitly a condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or
- The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance or creates an intimidating, threatening, hostile, or offensive work environment. (Sexual harassment also includes sexual assault, dating violence, domestic violence, and stalking. In order to constitute sexual harassment under this policy, the alleged conduct must occur within the College's own educational program or activity and it must occur within the United States).
-
Sexual assault: an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting program:
- Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.
-
Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
-
For the purposes of this definition—
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- Domestic violence: violence committed by: a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction; or by any other person against the victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction where the conduct occurs.
-
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition:
- Course of conduct: two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
- Reasonable person: a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress: significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- A formal complaint is a document signed by a Complainant or the Title IX Coordinator that alleges sexual harassment against a Respondent that occurred within the College's educational program or activity within the United States and requests an initiation of an investigation.
- Actual knowledge as used herein means that the Title IX Coordinator or an official with the College with the authority to take corrective measures has actual knowledge of a complaint of sexual harassment.
- Complainant: An individual alleged to be the victim of sexually harassing conduct.
- Respondent: Individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. The Respondent is presumed not responsible; the determination of responsibility is made at the conclusion of the grievance process.
- Days: As used herein, days means business days when the College is open.
- Confidential Employee: A “confidential employee” is a person who holds a professional license requiring confidentiality, such as a counselor or medical provider, who is supervised by such a person, or a person who is a nonprofessional counselor or advocate designated in administrative procedures as a confidential source.
- Educational Program or Activity: Includes locations and events over which the College exercises substantial control over both the Respondent and the context where the sexual harassment occurred whether on or off campus. It also includes any building owned or controlled by a student organization that is officially recognized by the College.
Medical Treatment and Preservation of Evidence:
Victims of sexual harassment, sexual assault, domestic violence, dating violence, or stalking are strongly encouraged to go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident
Grievances Concerning Discrimination and/or Harassment:
The College does not permit discrimination or harassment in its employment, programs and activities on the basis of sex, race, color, religion, age, national origin, disability, veteran’s status, gender identity, sexual orientation, or genetic information or any other characteristic protected by institutional policy or local, state, or federal law. Employees who believe they have been subjected to discrimination or harassment in violation of this policy should follow the procedures outlined herein to report those concerns.
How to File a Grievance:
Employees or any other persons who wish to report a concern or file a grievance relating to Discrimination or Sexual Harassment may do so by reporting the concern to the Title IX Coordinator. The Title IX Coordinator designated by the College is:
Bindy Tice
Kilgore College
1100 Broadway Blvd.
Kilgore, TX 75662
(903) 988-7590
btice@kilgore.edu
In addition, the College provides an electronic reporting form on its website (https://www.kilgore.edu/about/institutional-information/title-ix). This link is displayed as “Title IX” on the Kilgore College Homepage (www.kilgore.edu) at the bottom of the screen under the Helpful Links section. Individuals filing an electronic report of discrimination and/or harassment may choose to remain anonymous.
Individuals with grievances of discrimination also always have the right to file a formal grievance with the United States Department Education:
Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Victims of a crime have the right to choose whether to report the crime to law enforcement, to be assisted by the institution in reporting the crime, or to decline to report the crime to law enforcement.
Employee Reporting Requirements:
All College employees must promptly report to the institution’s Title IX Coordinator:
- Observations witnessed or information received while in the course and scope of their employment;
- That the employee reasonably believes constitutes an incident of sexual harassment, sexual assault, dating violence, or stalking;
-
Committed by or against
- A student who was enrolled at the institution at the time of the incident
- An employee employed by the institution at the time of the incident;
- Regardless of when or where the incident occurred.
An employee who fails to make a required report shall be subject to appropriate disciplinary action, including termination. Employees who hear about an incident at an awareness event; employees who themselves are victims of sexual harassment, sexual assault, dating violence, or stalking; and employees, such as counselors and health care providers, who are subject to legal confidentiality requirements are exempt from this requirement.
All employees (other than Confidential Employees) are designated as responsible employees for purposes of complying with Title IX.
Overview of the Grievance Process:
The College is only required to investigate a formal complaint, as defined herein. If the requirements of a formal complaint are not met, the complaint will be dismissed. If the College has actual knowledge of multiple Complainants regarding the conduct of the same person that constitutes sexual harassment under this policy, then the Title IX Coordinator must file a formal complaint. If there is no formal complaint, the College must still implement support measures designed to restore or preserve access to its educational programs or activities, protect the safety of the employee, and/or deter sexual harassment when necessary, and must also give written notice to the Complainant stating that he/she can file a formal complaint at a later time. It is generally up to the alleged victim whether to file a formal complaint, and the College will respect those wishes in most circumstances.
If there is a formal complaint, then the College will initiate an initial assessment to determine whether the allegations, if proven, would violate this policy. If so, the College will initiate a reasonably prompt, thorough, and impartial investigation, or facilitate an informal resolution. This investigation is designed to provide a fair and reliable determination about whether the College’s nondiscrimination policy has been violated. If so, the College will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence, and address its effects.
Extension of Timelines:
Timelines established by this policy and associated procedures may be subject to a limited extension if good cause exists. The College shall promptly provide written notice to the parties of an extension and the reason for the extension.
Informal Resolution:
Informal resolution is optional and may be used at any point after a formal complaint is filed if the College determines that it is appropriate under the circumstances, and both parties voluntarily agree to same and consent in writing. A College representative will facilitate the process. This process is not available in instances where an employee is the Respondent and the Complainant is a student. Consent to informal resolution may be withdrawn at any time before formal resolution.
Filing a Grievance:
The Title IX Coordinator is designated to formally coordinate and oversee the employee grievance process, address inquiries, and coordinate the College’s compliance efforts regarding employee grievances.
Reports of prohibited conduct should be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College’s ability to investigate and address the prohibited conduct.
Confidentiality:
The identity of a victim, Complainant, person who participates in an investigation, or Respondent if, after the investigation is complete, the College determines that the Complaint is unsubstantiated or without merit, is confidential. However, the identities of the persons listed in the preceding sentence may be disclosed as necessary to carry out the Title IX investigation and may specifically be disclosed to: employees or contractors of the College on a need-to-know basis, law enforcement, healthcare providers, Respondent and potential witnesses.
Requested Contents of a Formal Complaint:
The Complainant should clearly and concisely describe the incident(s), when and where it occurred, and the desired remedy sought. The complaint should be signed by the Complainant or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the Complainant and signed electronically. Any supporting documentation and evidence should be referenced within the body of the formal complaint. The complaint should also specifically request initiation of the grievance procedure.
Consolidate Reports:
When the allegations underlying two or more reports arise out of the same facts or circumstances, the College may consolidate the reports.
Advisor:
Each party to the complaint may be assisted by an advisor of the party’s choice who may participate in the proceedings in a manner consistent with College procedures.
Conflict of Interest Prohibited:
No person designated as the Title IX Coordinator, an investigator, a decision-maker, or a facilitator of an informal resolution process shall have a conflict of interest or bias.
Training:
A person designated as the Title IX Coordinator, an investigator, a decision-maker, or a facilitator of an informal resolution process shall receive training as required by law and College procedures.
Interim Action and Resources:
If appropriate, and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the College may, at the College’s discretion, promptly take interim action calculated to address prohibited conduct prior to the completion of the investigation. Examples of possible interim actions include counseling, modifications of work schedules, campus escort services, restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar accommodations.
To the greatest extent practicable based on the number of counselors employed, the College will ensure each Complainant, Respondent, and reporters of such incidents has access to counseling provided by a counselor who is not providing counseling to others involved in the incident.
Investigation Process and Protocols:
While an alleged victim may request that the institution not investigate the reported incident; the Title IX Coordinator will choose whether or not to honor the request not to investigate after considering:
- Seriousness of the allegation
- Existence of other reports
- Risk of harm to others
- Any other relevant factors
The Title IX Coordinator will inform the alleged victim of the decision. Should the Coordinator honor the alleged victim’s request not to investigate, the College will take the reasonable steps it determines are necessary, consistent with the law and institutional policy, to protect the health and safety of the community in relation to the alleged incident.
Should the investigation proceed, the Title IX Coordinator shall immediately provide notice to the parties (as described below). The Title IX Coordinator will make a good faith effort to conduct a fair and impartial review and/or resolve the grievance in a reasonably prompt and timely manner. All persons investigating such grievances will be impartial and free of any conflict of interest or bias in the outcome.
Notice to Parties:
The notice to the parties must describe the allegations and the formal and informal options for resolution of the complaint. The notice must state that the Respondent is presumed not responsible until a determination regarding responsibility is made. The notice must also include information regarding the option to select an advisor, the opportunity to inspect and review evidence, and the prohibition on knowingly making false statements or submitting false information during the investigation and any ensuing proceedings.
If the allegations are subsequently amended, the College shall provide an updated notice reflecting the new allegations.
College Investigation:
The investigation may be conducted by the Title IX Coordinator or designee, or by a third party designated by the College, such as an attorney.
The investigation may consist of personal interviews with the Complainant, the Respondent, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.
The parties shall be provided an equal opportunity to present witnesses and evidence and to inspect and review any directly related evidence obtained by the College so that the parties may meaningfully respond during the investigation process. The parties expected to participate in an investigative interview or other meeting shall be provided written notice in enough time to prepare to participate.
At least ten days prior to the completion of the investigation report, the College must send each party and the party’s advisor evidence subject to inspection and review. The parties may submit a written response for consideration by the investigator.
Criminal or Regulatory Investigation:
If a law enforcement or regulatory agency notifies the College that a criminal or regulatory investigation has been initiated, the College shall confer with the agency to determine if the College’s investigation would impede the criminal or regulatory investigation. The College shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory investigation. After the law enforcement or regulatory agency has completed gathering its evidence, the College shall promptly resume its investigation. Any delay under this provision shall constitute good cause for an extension of timelines established by this policy and associated procedures.
Administrative Leave:
An employee may be placed on administrative leave in accordance with the College’s policies pending the conclusion of the grievance process.
Concluding the Investigation:
The investigation shall be completed within a reasonable time, which generally should not exceed 60 Days from the date of the formal complaint. However, this timeframe can be extended if necessary to complete a thorough investigation.”
The investigator shall prepare a written report of the investigation. The investigation report shall be filed with the Title IX Coordinator within five (5) days following the completion of the investigation.
Unfounded Allegations:
If the results of an investigation indicate that no prohibited conduct occurred, the allegations shall be dismissed as unfounded. The College shall provide written notice of the dismissal and that shall be the official outcome, unless the decision is appealed.
Notification of the Investigation Report:
The Title IX Coordinator shall provide the investigation report, within the extent permitted by law, to the Complainant and the Respondent promptly following receipt. The parties shall be given ten days to respond to the report.
If the Respondent accepts the finding and any sanctions by signing a written waiver of a hearing, then no hearing shall be held, and no appeal shall be available. If the Respondent rejects the finding or sanctions, a hearing shall be held to determine responsibility.
College Action:
The Title IX Coordinator shall submit the investigation report and any response from the parties to the Title IX hearing panel promptly after receipt of the parties’ response but no earlier than the expiration of the parties’ deadline to respond.
The Title IX hearing panel shall summon the parties for a hearing to be held within a reasonable time that is at least ten days after the receipt of the investigation report.
After the hearing, the Title IX hearing panel shall determine whether each individual allegation of prohibited conduct occurred using a preponderance of the evidence standard and determine the appropriate disciplinary or corrective action. In making the determination, the Title IX hearing panel shall evaluate all relevant evidence objectively and shall not make credibility assessments based on a person’s status as the Complainant, the Respondent, or a witness. The Title IX hearing panel shall create a written determination regarding responsibility in accordance with law and College procedures within five (5) days following the hearing and submit the determination to the parties simultaneously.
Disciplinary or Corrective Action:
If the Title IX hearing panel determines that prohibited conduct occurred, the College shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.
Improper Conduct:
If the Title IX hearing panel determines that improper conduct occurred that did not rise to the level of prohibited conduct, the College may take disciplinary action in accordance with College policy and procedures or other corrective action reasonably calculated to address the conduct.
Dismissal of Complaint:
1. Mandatory Dismissal
An allegation presented as a formal complaint under Title IX is subject to the mandatory dismissal procedures under law.
2. Permissive Dismissal
Any complaint may be dismissed at any time on request of a Complainant. The Title IX Coordinator must first assess the request in accordance with this policy.
A complaint may also be dismissed if specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the complaint or allegations.
A complaint may be dismissed if the Respondent is no longer employed by the College.
Notice of Dismissal:
Upon dismissal of a complaint, the Title IX Coordinator or the Title IX hearing panel shall provide the parties written notice of the dismissal.
Live Hearing Procedures:
The College will provide equal opportunity to both sides to present evidence and witnesses, and will provide equal access to any such evidence. Failure of Complainant to appear will result in dismissal of the complaint. Dismissal does not apply in instances where the Title IX Coordinator filed the formal complaint. Reasonable time limits shall be imposed by the College.
The decision-maker at the live hearing will be a panel of three (3) comprised of College employees from a standing committee. The panel will make relevance determinations during cross-examination. Cross-examination is allowed but must be conducted by a third-party advisor or representative; it may not be conducted by the Respondent or Complainant. If a party refuses to be cross-examined, the panel cannot infer guilt, but also cannot rely upon that party’s statements. As a general rule, no questions regarding the Complainant's sexual history will be allowed. A preponderance of the evidence burden of proof will apply, and the Respondent will be presumed innocent. Expert witnesses are allowed. The written investigation report will be provided to the hearing panel. The Title IX Coordinator and/or investigator may provide evidence, testimony or clarify any aspect of the written report to the panel at the live hearing. Upon request by either party, the parties will be put in separate rooms for the hearing with technology available to hear the other side.
The panel shall announce its decision in writing simultaneously to both sides and such determination shall explain the rationale for the decision and assign sanctions, if any. This decision shall be reduced to writing within five (5) days of the hearing and provided to both parties simultaneously.
Sanctions:
Possible sanctions for employees include, but are not limited to:
- Disciplinary: Implementing any disciplinary measure allowed under College policy, up to and including termination of employment.
- Training: Providing a training and/or education program and/or requiring participation in same.
- Reassignment: Reassignment or change of jobs/job duties, offices or any other work details.
- Criminal Trespass Warning: If appropriate, employees may be prohibited from entering any KC campus or property.
- Other: Other sanctions or actions described in or allowed by College’s policies may be imposed instead of, or in addition to, those specified here. Sanctions may include remedial measures.
- Multiple Sanctions: More than one of the sanctions listed above may be imposed for any single violation.
Appeals:
Either the Complainant or Respondent may appeal a determination of responsibility or dismissal of a formal complaint or individual allegations on the following bases, if those bases affected or could affect the outcome:
- a procedural irregularity that affects the outcome;
- new evidence not reasonably available at the time of the determination regarding responsibility or dismissal; and
- a conflict of interest or bias on the part of the Title IX Coordinator, investigator, or decision maker against a party.
Prohibition of Retaliation:
Retaliation for reporting in good faith prohibited conduct or cooperating with an investigation or disciplinary process related to this policy is prohibited. Retaliation includes adverse action taken against a person for making a good faith complaint or report of prohibited conduct or participating in any proceeding under this policy. Adverse action includes conduct that threatens, intimidates, harasses, coerces, or in any other way seeks to discourage a reasonable person from engaging in activity protected under this policy. Retaliation can be committed by or against any individual or group of individuals, not just a Respondent or Complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of prohibited conduct. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of prohibited conduct.
The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting prohibited conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.
Employment Contracts:
View/Print PDF version of Employment Contracts Policy & Procedures
Approved By and Date:
Board of Trustees, 8-13-2018
Executive Leadership Team, 8-8-2018
Policy:
The Kilgore College Board of Trustees recognizes the following employee categories/positions as eligible to receive employment contracts: the College President, Executive Cabinet members, and full-time faculty.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-8-2018
- Employment contracts will be issued by the Office of Human Resources.
- All College employees, whether they are eligible to receive an employment contract or not, will receive an annual Salary and Estimated Benefits letter from the Office of Human Resources prior to the start of each fiscal year.
- All employment contracts are subject to termination for good cause, which includes, but is not limited to a breach of this Contract, violations of College policy, violations of state or federal law or regulations, failure to adequately perform job duties in a reasonable and acceptable manner, or other good cause as defined by Texas law and reasonably determined by the College.
Faculty Competence:
View/Print PDF version of Faculty Competence Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 2-9-2018
Policy:
As part of its ongoing commitment to excellence, Kilgore College will employ competent faculty members qualified to accomplish the mission and goals of the institution. In selecting its full- and part-time faculty, Kilgore College will hire individuals whose qualifications are consistent with the guidelines of the Southern Association of Colleges and Schools Commission on Colleges and the Texas Higher Education Coordinating Board.
To facilitate the continued competence of its full-and part-time faculty, the College will provide a positive environment for employee professional growth and development. Professional employees will be given opportunities and encouraged to continue studies in their areas of specialization.
Procedures:
Approved By and Date:
Executive Leadership Team, 9-01-2017
The College will use the following guidelines for credentials:
Developmental Education Faculty:
- An instructor of developmental courses must meet one of the following:
- Bachelor’s degree with a major in the subject and successful teaching experience in public schools or college; or
- Bachelor’s degree in a related subject with coursework in the subject to be taught and successful teaching experience in public schools or college.
- Other qualifications to be considered in lieu of some of the above are:
a. teaching certificate in the subject
b. professional development activities
(coursework, workshops, or conferences)
emphasizing developmental education
c. prior evaluations of instruction
d. teaching awards
Those teaching College Success Strategies (COLS) will have a bachelor’s degree and will have teaching experience or will have a bachelor’s degree and extensive experience in higher education.
ESOL (English for Speakers of Other Languages) Faculty:
ESOL instructors will have the credentials listed above plus TESOL (Teaching English to Speakers of Other Languages) certification or endorsement.
Workforce Education Faculty:
An instructor of workforce education courses must have at least an associate’s degree in the teaching discipline or in a related field. Relevant work experience in the field is required.
Note: For those disciplines in which Kilgore College offers only a certificate, instructors must have at least a certificate in the teaching discipline or in a related field. Relevant work experience in the field is required.
Faculty who teach in programs that are approved, licensed, certified or accredited by external agencies and who meet the qualifications prescribed by those agencies, may substitute the external agency approval/licensure/certification for the required certificate in the teaching discipline and/or associated work experience.
Academic Transfer Faculty:
- Faculty teaching courses designed for transfer to a baccalaureate degree program will have at least a master’s degree in the teaching discipline or master’s degree with at least 18 graduate semester hours in the teaching discipline.
- Those teaching Learning Framework (EDUC 1300) will have a master’s in education, counseling, psychology, or a related field and will have teaching experience.
- Those teaching anatomy and physiology (BIOL 2401, 2402, 2404) will have a master’s degree in biology with graduate hours in life science.
- Those with degrees in English or mathematics education may teach entry-level English and mathematics courses.
Kinesiology Faculty:
- To teach a 3-hour lecture course, faculty must have a master’s degree plus 18 graduate semester hours in kinesiology, physical education, or a related field.
- To teach activity courses, faculty must have a bachelor’s degree and/or current certification in the specific activities they are teaching. Kinesiology faculty teaching activity courses must also have a current CPR certification.
Faculty and staff members in the Adult Education Program must meet the qualifications as prescribed by the Texas Workforce Commission. Directors, teachers, counselors, and supervisors in the program hired after September 1, 1996, must possess at least a bachelor’s degree.
Additional Considerations:
In lieu of specific academic credentials listed above, Kilgore College will also consider demonstrated competencies that contribute to teaching and learning, such as related work experiences in the field, professional licensure and certifications, professional honors and awards, and juried publications.
Professional Development:
- Three hours of college coursework, or work beyond their present development level.
- Thirty hours of involvement in workshops, seminars, and professionally sponsored activities approved by the division dean. Coursework in pedagogy, community college curriculum, human resources-related topics, and technology education is strongly encouraged.
Faculty Load, Roles, and Responsibilities:
View/Print PDF version of Faculty Load, Rules, and Responsibilities Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-17
Executive Leadership Team, 11-16-17
Policy:
Faculty are those positions involved in direct instruction whose assignments require either an advanced degree or specialized training and experience. In order to accomplish its mission, the College will maintain a full-time faculty base which will provide instruction for a minimum of 50% of all sections of credit classes offered. Faculty roles and assignments are designed to help the College accomplish its mission, which focuses on student access, success, and completion.
Procedures:
Approved By and Date:
Executive Leadership Team, 5-21-2019
Full-time Faculty:
Full-time faculty are benefit-eligible positions that are contractual and will have a 9, 10, 10.5, 11, or 12-month duration.
Full-time faculty contractual workload typically includes a teaching assignment of 15 semester credit hours for each fall and spring semester, and seven hours of office time that may include, but is not limited to, service on committees, meetings, special projects, student consultation and advising, grading, class preparation, registration, commencement, and similar activities. Faculty may be required to be present on campus beyond their scheduled office hours for professional activities.
When developing their work schedules, instructors are expected to use the following guidelines:
I. Schedule a minimum of 22 hours per week on campus (including off-campus instructional sites if applicable) regardless of the mode of delivery of their classes. Overload classes are in addition to this total.
- Schedule a minimum of 15 credit hours of class time over the course of the semester.
- Identify seven hours of office time each week.
- Generally, these are during regular working hours (7:45 a.m.- 5:00 p.m., and until approximately 7:00 p.m. at KC – Longview). Deans may approve exceptions, such as evening office hours for those teaching evening classes.
- Instructors are expected to distribute their office hours throughout the regular work week.
- Three of the seven office hours are expected to be scheduled between 8:00 and noon on Fridays.
- Instructors are expected to schedule a minimum of one hour per week of office time in a tutoring lab, the library, or another teaching/learning venue to facilitate student success.
II. Instructors are expected to be available to respond to students’ electronic communication outside of scheduled office hours.
- If a student contacts an instructor on Sunday through Thursday, the instructor is expected to respond to the student within 24 hours.
- Because students taking courses with an online component often work on assignments during the weekend, instructors teaching online or hybrid courses are expected to respond to students’ electronic communication at least once in the middle of the weekend.
- Instructors are expected to communicate to their students when they will respond to electronic communication.
A normal teaching assignment may include evening, weekend, and/or online classes, as well as classes at off-campus instructional sites.
The vice president of instruction, in consultation with the division deans, will establish equivalent teaching assignments for lab hours, self-paced instruction, and other nontraditional modes of instruction as needed.
Schedules, and any exceptions to the procedures listed above, are subject to approval by the applicable dean and department chair.
Adjunct Faculty:
Adjunct or part-time faculty are typically non-benefit eligible positions which are classified as at-will hired on a semester-by semester basis. A part-time instructor's workload is a maximum of the equivalent of 9 on-campus instructional hours per week. A part-time instructor's workload will include preparing for and teaching assigned classes, providing consultation to students, conducting examinations, and submitting grades to the college.
Adjunct faculty are expected to respond to students’ electronic communication with the same promptness as full-time faculty. (See expectations above.)
Adjunct faculty may be eligible to participate in the group benefits program as an employee if the faculty member:
- receives compensation for services rendered to a public institution of higher education as an adjunct faculty member;
- has been employed as a faculty member by the same public institution of higher education and has taught at least one course in each regular fall and spring semester at the public institution of higher education in each of the preceding three academic years; and
- is scheduled to teach at least 12 semester credit hours in the academic year of coverage.
The vice president of instruction, division deans, and other instructional leaders are responsible for monitoring compliance with this policy and accompanying procedures.
Family Medical Leave Act (FMLA):
View/Print PDF version of FMLA Policy & Procedures
Approved By and Date:
Board of Trustees, 6-19-2017
Executive Leadership Team, 5-15-2017
Policy:
Kilgore College (KC) complies with the Family and Medical Leave Act (FMLA) of 1993 (as amended).
Procedures:
Approved By and Date:
Executive Leadership Team, 5/15/2017
Overview:
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave, for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Notification of the need for FMLA must be presented to the Human Resources Director either through the immediate supervisor or the employee. A written certification from a health care provider for an employee’s serious health condition or family member’s serious health condition is required for absences of more than three calendar days from work. FMLA begins on the first day of absence.
Eligible Employees:
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
- Works for Kilgore College (KC);
- Has worked for KC for at least 12 months;
- Has at least 1,250 hours of service during the 12 month period immediately preceding the leave; and
- Works at a location where KC has at least 50 employees within 75 miles.
Leave Entitlement:
Kilgore College uses a “rolling” 12-month period measured backward from the date an employee uses FMLA leave. Under this method, each time an employee takes FMLA leave the remaining leave would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months. All FMLA leave must be taken in quarter hour increments.
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
- The birth of a child and to bond with the newborn child within one year of birth.
An employee's entitlement to FMLA leave for birth and bonding expires 12 months after the date of birth. Both mothers and fathers have the same right to take FMLA leave for the birth of a child. Birth and bonding leave must be taken as a continuous block of leave unless the employer agrees to allow intermittent leave. (e.g., allowing a parent to return to work on a part-time schedule for 10 weeks).
- The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement.
FMLA leave may be taken before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. FMLA leave to bond with a child after placement must be taken as a continuous block of leave unless the employer agrees to allow intermittent leave. An employee’s entitlement to FMLA leave for the placement of a child for adoption or foster care expires 12 months after the placement.
- A serious health condition that makes the employee unable to perform the functions of his or her job.
An employee is “unable to perform the functions of the position” where the health care provider finds that the employee is unable to work at all or is unable to perform any one of the essential functions of the employee's position. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or any period of incapacity due to pregnancy, or for prenatal care; or any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or, any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
- An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perform the essential functions of the position during the absence for treatment.
- An employee who suffers from a serious health condition that does not prevent him or her from performing the essential functions of the position is not entitled to FMLA leave. Similarly, an employee who cannot perform one or more of the essential functions of the position, but whose condition does not meet the statutory and regulatory definition of a serious health condition, is not entitled to FMLA leave.
- To care for the employee’s spouse, son, daughter, or parent who has a serious health condition.
An employee must be needed to provide care for his or her spouse, son, daughter, or parent because of the family member’s serious health condition in order for the employee to take FMLA leave. An employee may be needed to provide care to the family member, for example
- when the family member is unable to care for his or her own medical, safety or other needs, because of the serious health condition or needs help in being transported to the doctor; or
- to provide psychological comfort and reassurance to the family member with a serious health condition.
Generally, an employee is not entitled to FMLA leave to care for other family members with serious health conditions, such as siblings, grandparents, grandchildren, or parents-in-law.
Exceptions may arise where the employee can document the existence of an in loco parentis relationship. For example, an employee may take FMLA leave to care for an aunt or uncle with a serious health condition if the aunt or uncle stood in loco parentis to the employee when the employee was a child.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty.
Qualifying exigencies are situations arising from the military deployment of an employee’s spouse, son, daughter, or parent to a foreign country. Qualifying exigencies for which an employee may take FMLA leave include making alternative child care arrangements for a child of the military member when the deployment of the military member necessitates a change in the existing child care arrangement; attending certain military ceremonies and briefings; taking leave to spend time with a military member on Rest and Recuperation leave during deployment; or making financial or legal arrangements to address a covered military member’s absence; or certain activities related to care of the parent of the military member while the military member is on covered active duty. An employee may take qualifying exigency leave for the deployment of a son or daughter of any age.
- To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member (military caregiver leave).
Eligible employees are entitled to up to 26 workweeks of FMLA leave in a “single 12-month period” to care for that covered service member. Covered service members include current members of the Regular or Reserve components of the Armed Forces and certain veterans.
The single 12-month period for military caregiver leave begins on the first day the employee takes FMLA leave to care for a covered service member and ends 12 months after that date, regardless of the method used by the employer to determine the employee’s 12 workweeks of leave entitlement for other FMLA-qualifying reasons.
If an employee does not take all of his or her 26 workweeks to care for a covered service member during this single 12-month period, the remaining leave is forfeited.
Medical Certification:
An employee absent three or more consecutive workdays because of personal illness shall submit, upon return to work, a medical certification of illness and of his or her fitness to return to work. An employee absent three or more consecutive workdays because of illness in the immediate family shall present, upon return to work, medical certification of the family member’s illness.
Medical certification shall be made by a health care provider as defined by the Family and Medical Leave Act.
Intermittent Leave:
Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. That means an employee may take leave in separate blocks of time or by reducing the time he or she works each day or week for a single qualifying reason. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.
Spouses Working for Same Employer:
When spouses work for the same employer and each spouse is eligible to take FMLA leave, the FMLA limits the combined amount of leave they may take for some, but not all, FMLA-qualifying leave reasons.
Eligible spouses who work for the same employer are limited to a combined total of 12 work weeks of leave in a 12-month period for the following FMLA-qualifying reasons:
- the birth of a son or daughter and bonding with the newborn child,
- the placement of a son or daughter with the employee for adoption or foster care and bonding with the newly-placed child, and
- the care of a respective parent with a serious health condition.
The limitation on the amount of leave for spouses working for the same employer does not apply to FMLA leave taken for some qualifying reasons. Eligible spouses who work for the same employer are each entitled to up to 12 workweeks of FMLA leave in a 12-month period, without regard to the amount of leave their spouses use, for the following FMLA-qualifying leave reasons:
- the care of a spouse or son or daughter with a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job; and
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.”
Eligible spouses who work for the same employer are also limited to a combined total of 26 workweeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness (commonly referred to as “military caregiver leave”) if each spouse is a parent, spouse, son or daughter, or next of kin of the service member. When spouses take military caregiver leave as well as other FMLA leave in the same leave year, each spouse is subject to the combined limitations for the reasons for leave listed above.
Maintenance of Health Benefits:
If an employee is provided group health insurance, the employee is entitled to the continuation of the group health insurance coverage during FMLA leave on the same terms as if he or she had continued to work. If family member coverage is provided to an employee, family member coverage must be maintained during the FMLA leave. The employee must continue to make any normal contributions to the cost of the health insurance premiums.
Paid leave runs concurrently with FMLA leave, and the employee’s share of group health plan premiums must be paid by the method normally used during paid leave (usually payroll deduction). An employee on unpaid FMLA leave must make arrangements to pay the normal employee portion of the insurance premiums in order to maintain insurance coverage. If the employee’s premium payment is more than 30 days late, the employee’s coverage may be dropped. The College will provide written notice to the employee that the payment has not been received and allow at least 15 days after the date of the letter before coverage stops.
In some instances, the College may choose to pay the employee’s portion of the premium, for example, in order to ensure that it can provide the employee with equivalent benefits upon return from FMLA leave. In that case, the College may require the employee to repay these amounts. In addition, the College may require the employee to repay the employer’s share of the premium payment if the employee fails to return to work following the FMLA leave. An employee must return to work for 30 days in order to avoid being obligated to repay such amounts unless the employee does not return because of circumstances that are beyond the employee’s control, including a FMLA-qualifying medical condition.
Maintenance of Other Benefits:
Any benefits that would be maintained while the employee is on other forms of leave, including paid leave, must be maintained while the employee is on FMLA leave.
In order to restore any benefit, other than group health benefits, provided by insurance to the employee without the employee having to re-qualify for such benefits upon his/her return from leave, the College may find it necessary for premiums for such insurance to be paid continuously during the unpaid leave period to avoid a lapse of coverage. If the employee’s premium payment is more than 30 days late, the employee’s coverage may be dropped. The College will provide written notice to the employee that the payment has not been received and allow at least 15 days after the date of the letter before coverage stops.
Designation of Paid Leave:
Accrued paid leave such as sick, personal, bonus, or vacation leave is required to be used concurrently with FMLA leave. When using accrued paid leave, the employee must follow the College’s normal rules for the use of that type of leave, such as submitting a leave request and providing advance notice. If an employee does not meet the requirements to take paid leave under the College’s normal leave policies, the employee may still take unpaid FMLA leave.
Job Restoration:
When an employee returns from FMLA leave, he or she must be restored to the same job or to an "equivalent job". The employee is not guaranteed the actual job or title held prior to the leave. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).
Equivalent pay includes the same or equivalent pay premiums and the same opportunity for overtime as the job held prior to FMLA leave. An employee is entitled to any unconditional pay increases that occurred while he or she was on FMLA leave. Pay increases conditioned upon seniority, length of service, or work performed must be granted only if employees taking the same type of leave for non-FMLA reasons receive the increases. Equivalent pay includes any unconditional bonuses or payments.
All benefits an employee had accrued prior to a period of FMLA leave must be restored to the employee when he or she returns from leave. An employee returning from FMLA leave cannot be required to requalify for any benefits the employee received before the leave began.
Limitations to FMLA Protections:
An employee on FMLA leave is not protected from actions that would have affected him or her if the employee was not on FMLA leave. For example, if a shift has been eliminated, or overtime has been decreased, an employee would not be entitled to return to work that shift or the original overtime hours. If an employee is laid off during the period of FMLA leave, the College must be able to show that the employee would not have been employed at the time of reinstatement.
An employer may also deny restoration to a “key” employee under certain circumstances. A key employee is a salaried, FMLA-eligible employee who is among the highest-paid 10 percent of all of the employer’s employees within 75 miles. To deny restoration to a key employee, an employer must have determined that substantial and grievous economic injury to its operations would result from the restoration, must have provided notice to the employee that he or she is a key employee and that restoration will be denied, and must provide the employee a reasonable opportunity to return to work.
Fitness-For-Duty (Return-to-Work Doctor’s Note):
An employee out on FMLA must provide a return to work, or “fitness-for-duty,” certification from the employee’s health care provider showing that the employee is able to resume work.
In general, a fitness-for-duty certification may not be required for each absence taken on an intermittent or reduced leave schedule. However, if the College has a reasonable belief that the employee’s return to work presents a significant risk of harm to the employee or to others, the College may require a fitness-for-duty certification up to once every 30 days.
As long as the College has provided the required notice regarding any fitness-for-duty certification requirement, the employee’s return to work may be delayed until the fitness-for-duty certification is provided. KC’s Human Resource Director may contact an employee’s health care provider to clarify or authenticate a fitness-for-duty certification, but cannot delay the employee’s return to work while making that contact. The employee is responsible for paying any cost of obtaining the fitness-for-duty certification.
Notice and Reporting by Employees:
- An employee must provide the College at least 30 days advance notice before FMLA leave is to begin if the need for leave is foreseeable. If 30 days’ notice is not practicable, notice must be given as soon as possible and practical taking into account all of the circumstances. For foreseeable leave due to a qualifying exigency, an employee must provide notice as soon as practicable, regardless of how far in advance such leave is foreseeable.
- The College will require the employee to comply with the College’s usual and customary notice and procedural requirements for requesting leave absent unusual circumstances. If the employee does not comply with the College’s usual and customary policy and procedures and no unusual circumstances exist, the FMLA-protected leave may be delayed or denied.
- Whenever leave is needed for a planned medical treatment, whether for an immediate family member or the employee, the employee will make efforts to schedule the treatment so as to minimize disruption to the operations of the College.
- An employee must provide sufficient information to reasonably determine whether the FMLA may apply to the leave request. Calling in “sick” without providing more information is not considered sufficient notice to trigger an employer’s obligations under the FMLA.
- An employee on FMLA leave will be required to report periodically on his/her status and intention to return to work. The Human Resources Director will determine the frequency of reporting required based on the employee’s situation.
- Employees should advise the College if and when they decide unequivocally not to return to work.
- When leave is needed for a planned medical treatment, a leave request will be submitted prior to the absence. When leave is not foreseeable, a leave request will be completed by the supervisor. All leave requests will be submitted to Human Resources on a monthly basis.
Designation of Leave:
- It is the College's responsibility to determine that an employee is eligible for FMLA leave. FMLA paperwork may be obtained through the Human Resources office. However, the determining factor in designating FMLA leave is the qualifying reason(s), not the employee's election or reluctance to use FMLA leave or to use all, some, or none of the accrued leave. The College's designation must be based on information obtained from the employee or the employee's authorized representative.
- If an employee notifies the College of the need for FMLA leave before the employee meets the eligibility criteria, the College will notify the employee of the effective eligibility date.
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Employees seeking to use FMLA leave may be required, at the election of the College, to provide:
- Medical certifications supporting the need for leave due to a serious health condition affecting the employee, an immediate family member, or a covered service member no later than 15 calendar days after the request by the College.
- Second or third medical opinions and periodic re-certification (at the College's expense). The College is permitted to designate the health care provider to furnish the second opinion, but the selected health care provider may not be employed on a regular basis by the College. If the opinions of the employee's and the College's designated health care providers differ, the College may require the employee to obtain certification from a third health care provider, again at the College's expense. This third opinion shall be final and binding. The third health care provider must be designated or approved jointly by the College and the employee. The College is required to provide the employee, within five business days, with a copy of the second and third medical opinions where applicable, upon request by the employee. If the employee refuses to release relevant medical records in order for the health care provider to render a sufficient and complete opinion, the employee's request for FMLA leave may be denied.
- The College may request periodic medial recertification in connection with an ongoing or long-term condition. A recertification may be required when an employee is seeking an extension of the initial leave period. The timing and frequency of medical recertification will depend on the reason for the leave and its expected duration.
- Certification of fitness-for-duty prior to returning to work.
- Active duty orders for the covered military member when the employee first requests exigency leave or supporting documentation which may include:
- A description, signed by the employee, describing facts supporting the leave request and including any available documentation, such as a copy of the appointment, or copy of a bill for service.
- The approximate date the qualifying exigency commenced or will commence.
- The beginning and end dates for the absence if the request is for a single period of time.
- An estimate of the frequency and duration of the exigency if the request is for intermittent or reduced schedule basis.
- Contact information of the third party or entity and a brief description of the purpose of the meeting if the exigency involves meeting with a third party or entity.
Requesting Leave:
- The employee will notify Human Resources 30 days in advance of the leave date, whenever practicable or as soon as possible if 30 days is not practical. The employee will also notify his/her supervisor with as much notice as possible for scheduling purposes. When a supervisor is aware of a pending absence or has an employee who has been absent for more than three consecutive work days, the supervisor will also contact the Human Resources Director to inform him/her of such absences.
- The Human Resources Director will provide the employee with the proper Certification of Health Care Provider request and the Notice of Eligibility and Rights & Responsibilities information. The Certification of Health Care Provider must be returned within 15 calendar days. If a certification is incomplete or insufficient, the employee will have up to seven calendar days to remedy the deficiency. The College may designate a Human Resources representative or a health care provider to contact the employee's health care provider, consistent with the Health Insurance Portability and Accountability Act (HIPAA), to verify and/or clarify if the employee cannot cure any deficiencies in the medical certification. If the employee refuses to cure deficiencies or does not grant permission to clarify, the employee's request for FMLA leave may be denied.
- The Human Resources Director will notify the employee, the employee's supervisor, and the Payroll Manager of the status of the request for leave within five workdays of the date of the submission of all necessary information. The employee will receive the Designation Notice as official documentation of their FMLA status. The College may designate FMLA leave with appropriate information without an application from the employee. Notification to the employee that leave will be designated as FMLA will be provided to the employee, the employee's supervisor, and the Payroll Manager.
- The Payroll Manager will arrange with the employee the payment schedule for coverage of the employee's spouse and/or dependents for all applicable benefit deductions if leave is without pay.
- If an absence which begins as other than FMLA leave later develops into an FMLA-qualifying absence, the entire portion of the leave period that qualifies under FMLA will be counted as FMLA leave.
- Once the College has knowledge that the leave is being taken for an FMLA-required reason, the College will, within five business days, absent extenuating circumstances, notify the employee that the leave is designated and will be counted as FMLA leave.
Working from Home While on FMLA:
Employees on FMLA leave for their own serious health condition or that of a family member must take full leave during a time of absence. Working from home, or in any capacity, is not allowed.
Exempt employees on intermittent leave for their own serious health condition or that of a family member may, with the approval of Human Resources and their supervisor, work out an arrangement where hours missed from work are made up over a two week period. The two week period may be extended if a holiday falls within the time period. Hours not made up will be designated as leave. The normal leave process must initially be followed, but the supervisor will indicate on the leave request that the hours were made up before sending the leave request to Human Resources.
Non-exempt employees on FMLA leave are never allowed to work from home or any day the College is not fully open. In rare instances, non-exempt employees on intermittent leave for their own serious health condition or that of a family member may, with the approval of Human Resources and their supervisor, work out an arrangement where hours missed in a day are made up sometime in the same week. Due to the Fair Labor Standards Act, hours worked in a single week must never be more than 40.
Enforcement:
It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA. If the employee believe that his/her rights under the FMLA have been violated, the employee may file a complaint with the Wage and Hour Division of the U.S. Department of Labor or file a private lawsuit.
Definitions:
- Spouse: Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a same-sex marriage or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state.
- Parent: Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents “in law.”
- Son or Daughter: Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
- In Loco Parentis: The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to FMLA leave. Similarly, an employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.
- Next of Kin: Nearest blood relative
- 12-month period: Kilgore College uses a “rolling” 12-month period measured backward from the date of any FMLA leave usage.
Fixed Assets and Equipment:
View/Print PDF version of Fixed Assets and Equipment Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-2018
Executive Leadership Team, 1-30-2018
Policy:
The Kilgore College (KC) Board of Trustees recognizes the importance of providing guidance to account managers to fulfill their responsibility to administer, account for, and preserve the College’s investment in property, plant and equipment. This responsibility extends across all departments.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-30-2018
Definitions:
For the purposes of this policy, the following definitions are used:
Fixed Assets are items purchased for Kilgore College use costing $5,000 or more and having an anticipated useful life greater than or equal to one year. This includes repairs or improvements made to equipment with original value greater than $5,000 that alter its original state or original ability, or increases the useful life greater than or equal to One year.
Equipment represents items purchased costing $500 to $4,999 and having an anticipated useful life greater than or equal to one year.
Purchasing:
In accordance with Purchasing and Accounts Payable Procedures, all fixed assets and equipment are to be purchased with approved budgeted funds and are to be submitted and approved through the requisition process before items to be purchased are ordered. Purchase orders are produced by the Purchasing Department after a requisition for purchase has been properly approved. A copy of approved purchase orders is to be forwarded to the Receiving Department in anticipation of the item being delivered.
Receiving:
All deliveries of fixed assets and equipment are to be delivered to the Kilgore College Receiving Department at 108 Choice Street, Kilgore, TX 75662. Delivery may be made to another location where either an item is extremely large and is to be used elsewhere on campus, there may be risk of damage to an item if it not delivered directly to its location of use or installation on campus, or if an item is to be used or installed at a location other than the Kilgore main campus.
Upon receipt, the Receiving Department is responsible to match items received to those on packing slips and approved purchase orders, inspect items received for damage, and determine whether received items should be inventoried as a fixed asset or equipment item. Items qualifying as fixed asset or equipment items are assigned an asset number and tag by the receiving clerk. The asset tag is placed on the item in a clearly visible location. The following information concerning the item is entered on the inventory system:
- Asset identification number
- Description of the asset
- An asset serial number, if any
- Acquisition Date
- Acquisition Cost
- Asset Class (computer, furniture, etc.)
- Model number
- Location identifier
- Number of department responsible for the asset
- Manufacturer name
Items qualifying as fixed assets are communicated to the Business Office with the above information so that the item may be recorded as a capitalized asset.
The asset is then delivered by the Receiving Department to the department responsible for the item.
Accounting for Fixed Assets:
Upon receipt of information from the Receiving Department concerning the purchase and receiving of a fixed asset, the accountant in the Business Office responsible for fixed asset account will enter all applicable information into the fixed asset accounting system for inclusion in the fixed asset listing and the calculation of appropriate depreciation in the accounting records.
Additionally, the accountant responsible for fixed asset accounting will review at year end with Business Office management the listing of all purchases coded to equipment expense (object code 6710) and capitalized equipment (object code 6715) to ensure that these items purchased have been properly classified in accordance with their respective definitions and accounting treatment.
Fixed Asset Inventory Report Verification:
The fixed asset physical inventory is accomplished through the following steps:
- Annually, the Business Office will send a listing to responsible departments a listing of those fixed assets that are to be in the departments’ possession. This listing should include all information necessary for the department to successfully individually identify each asset.
- Departments have 30 days to complete the inventory. It is in the best interest of the departments to conduct their physical inventories in the shortest possible time period to avoid the problems and extra work arising from the movement of inventoried equipment.
- The physical inventory involves verifying the physical existence, tagging, accuracy of the description, serial number, and location on the inventory report listing.
- As each item is verified and is correct, the item is “checked” on the report.
- For those items verified but with inaccurate or missing information, the department should make note of the correction on the report.
- If an item is not found, the department should make a “not located” note on the property inventory report. During the inventory period, departments are expected to make a thorough search for the item(s).
- The departments’ inventory reports should be returned to the Business Office to assist in correcting the master listing.
Responsibility:
Division Deans and department heads will be responsible for the control of all fixed asset items for their areas and should know where all items are located.
Division Deans and department heads will be responsible for completing the annual inventory of fixed assets and making corrections to the printout of the fixed asset inventory supplied by the Business Office. During the year all items, which have been lost, stolen, destroyed, become obsolete or transferred, will be reported immediately to the Business Office so that accounting for these changes can be made on a timely basis or reported to the KC Police Department for further action as appropriate.
Disposal of Assets:
When a department identifies an equipment that is either obsolete or no longer needed, that department is to contact the Environmental Safety, Construction & Facilities Manager (“Facilities Manager”) to request the removal of the equipment from their department. If it is determined that the equipment is not needed elsewhere at the College, the Facilities Manager will enter a work order with the third party facilities contractual entity (“SSC”) to have the equipment removed from the department and to the facilities warehouse where excess equipment is stored. At a later date, when a sufficient amount of excess equipment has been accumulated in the warehouse, the Facilities Manager will conduct the sale or disposal of equipment in accordance with State of Texas regulations for the sale or disposal of property.
Computer and Technology Equipment:
The Information Technology Department will maintain a system of identification for the technology-related assets of the College. This will include asset identification numbers and other such information needed to individually identify and locate all technology items. This listing will include both technology items which have been capitalized as fixed assets and items classified as equipment expense when purchased by the College. As a component of this system, the Information Technology Department has implemented and will maintain a system of auto- identification of individual laptop and personal computers which regularly monitors the existence and location of these devices used on the College campus. Due to their cost of purchase typically being less than $5,000, individual laptop and personal computers would not normally be included on the fixed asset listing as capitalized equipment.
Free Speech and Public Assembly:
View/Print PDF version of Free Speech and Public Assembly Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-17
Executive Leadership Team, 11-16-17
Policy:
Kilgore College (KC) fully supports lawful freedom of expression by all members of the academic community, including students. This policy informs members of the College community and the public of the manner in which they may engage in constitutionally protected speech and expression at KC. It is intended to protect one’s rights without interfering with the primary educational purpose of the College. The right to reasonably and without regard to content restrict the time, place, and manner of expression is specifically reserved for the College.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-16-17
Kilgore College encourages its community to exercise the right to freedom of speech granted by the First Amendment to the Constitution of the United States of America. Any acts that are disruptive to normal operations of the College, including but not limited to instruction or college business, or actions that interfere with the rights of others will not be tolerated. The use of Kilgore College’s space for public assemblies or demonstrations is available to current academic community members only (faculty, staff and students). Individuals who are not current faculty, staff, or students may not use the College’s property for demonstrations, but may apply for a demonstration permit through the city of Kilgore or Longview. Such demonstrations will be limited to city sidewalks immediately adjacent to city streets.
Separate and apart from public assemblies or demonstrations, the College does make specific areas of the campus available to any individual or group through its facility rental procedures.
Application for Assemblies/Demonstrations:
Generally, the College allows for the spontaneous speech, expression, or assembly of small groups (less than 25 individuals) without pre-approval, subject to the “General Assembly/Demonstrations/Expressive Activites Restrictions” and “Prohibitions of Disrupting College Activities” addressed herein.
Based upon federal law, the College can put reasonable, viewpoint neutral, time, place, and manner of expression restrictions on assemblies to ensure the ongoing safety of the campus community while protecting from any disruption of institutional activities. Therefore, should a large group (25 or more individuals) pre-plan an assembly or demonstration to take place on College property, pre-approval from the College is required. An Application for Assembly must be completed in the coordinator of student activities office at least 48 hours in advance and all rules and regulations pertaining to the application and this policy must be followed. The College will have the authority to decide if overtime police protection is required and, if so, the applicant will be charged such a fee. No fee will be charged based on the content of the speaker/assembly. Application approval will generally be determined on a first come, first served basis if competing applications for the same time or location are received by the College. A student is ineligible to apply if he/she is under disciplinary sanction, suspended, expelled, or owes fines or fees to the College under this policy. An employee is ineligible to apply if he/she has been terminated, or is on leave.
The Application for Assembly is designed to ensure that space utilization conflicts and violations of assembly/demonstration restrictions do not occur and that proper crowd control/safety measures are in place. The Application for Assembly is subject to viewpoint neutral review and may be denied for the following reasons:
- Applicant failed to sign the application, supply all necessary information, or included a mispresentation
- Requested space is not available
- The date falls during final examinations
- Planned assembly would be disruptive or otherwise violate the rules set forth herein
- Applicant is ineligible
- Proposed use is not suitable for location
- Proposed activity is commercial in nature
- Off campus individual or group is actually a sponsor or co-sponsor
- Any other viewpoint neutral reason that applies to all groups/speakers and furthers the College's significant interest(s)
All denial decisions will be reviewed and approved by the vice president of student development prior to being communicated to the applicant.
General Assembly/Demonstration/Expressive Activities Restrictions:
Expressive activities or conduct are subject to the following restrictions:
- Kilgore College space for public assemblies or demonstrations is available to current academic community members only (faculty, staff, and students). This right is extended to recognized campus groups, organizations, and clubs whose membership is made up of members of the academic community.
- Public assemblies or demonstrations may occur between the hours of 8:00 a.m. and 9:00 p.m. only.
- To protect the rights and freedoms of all campus community members, speakers will refrain from the use of obscenities, fighting words, words used to incite violence or lawless action, and defamatory speech. Any signs, literature or written materials may not be obscene, incite others, or be defamatory.
- The use of amplified sound must be pre-approved to ensure there is no disruption to college functions.
- Any literature, signs, pamphlets, etc. displayed or distributed at public assemblies must also comply with the restrictions listed herein. No litter is permitted.
- Assemblies and/or demonstrations that are materially disruptive to Kilgore College's educational environment or the College's activities, that are non-peaceful, and/or that involve substantial disorder or invasion of the rights of others on the property of Kilgore College are prohibited.
- The activity or conduct may not promote commercial products or services.
- The activity must not interfere with the free flow of vehicular or pedestrian traffic on sidewalks, on streets, at entrances/exits to buildings, or otherwise.
- The activity must not involve conduct that does, or is likely to, result in damage or destruction of property.
- No one may threaten or endanger the physical safety of any person on the College campus.
- The use of fire or fireworks is prohibited.
Appeal Procedure for Assembly Applications:
Based upon federal law, the College can put reasonable, viewpoint neutral, time, place, and manner of expression restrictions on assemblies. While the college will work with assembly/ demonstration organizers to meet their requests, the College may deny an application for assembly for the reasons set forth herein. Should the event organizers and College staff not be able to agree on mutually agreeable logistics or the Application for Assembly is denied, the following appeal process is available.
- Applicants aggrieved by the refusal of an application are entitled to appeal to the director of human resources by giving written notice to the vice president of student development on or before the fifth class/business day after the decision is received by the applicant.
- The notice is informal, but will contain the applicant’s name and College email address, a concise description of the decision complained of, reasons for disagreeing with the decision, and the date the decision was received.
- When appeal is received, according to the prescribed deadlines, the vice president of student development will prepare and send to the director of human resources a written statement of reason(s) for refusal and a copy of the application along with copies of any printed material submitted with the application. The director of human resources may meet with the applicant to obtain more information, if desired. The director of human resources will render a decision to uphold, modify, or overturn the coordinator of student activities decision as soon as practicable but no later than five class/business days after receiving the appeal.
- The decision of the director of human resources is final.
Prohibition of Disrupting College Activities:
It is unlawful for any person, on College property or on public property within five hundred feet of College property, alone or in concert with others, to willfully disrupt the conduct of classes or other College activities. In doing so, the person will be guilty of a misdemeanor and upon conviction may be punished by a fine or by confinement for not less than 10 days or more than six months or both, fine and confinement
Conduct that disrupts the educational activities of a College includes emission by any means of noise of an intensity which prevents or hinders classroom instruction and enticement or attempted enticement of students away from classes or other college activities which students are required to attend. (Texas House Bill # 186, 62 Legislature, Regular Session, 1971).
The State law prohibiting disruptive activities defines “disruptive activity” as meaning:
- Obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the college.
- Seizing control of any building or portion of a building for the purpose of interfering with any administrative, education, research, or other authorized activity.
- Preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by the school administration.
- Disrupting by force or violence or the threat of force of violence any lawful assembly in progress; or
- Obstructing or restraining the passage of any person at an exit or entrance to said campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from said property or campus without the authorization of the administration of the school. The law further states that a “lawful assembly is disrupted when any person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur.”
College Response to Assemblies that Violate this Policy:
In the event of any expressive activity that violates this policy or any non-peaceful or disruptive activities on the property of Kilgore College, the College may take action to stop or minimize same. When responding to such activity, the College administration and/or law enforcement will not consider the viewpoint of the individuals or group involved. The College will generally follow these procedures in such instances:
- The President of the College, or his/her designee, will determine whether or not negotiation will take place with those involved in the demonstration or disruption.
- The College officials will temporarily revoke any and all privileges related to assemblies and take steps to end disruptive or non-peaceful protests.
- The President, or his/her designee, will also determine the actions to be taken (if any) including, but not limited to, discipline, interim suspension, or arrest. The President of the College, or his/her designee, may place students on interim suspension for violating this policy and will adjudicate complaints and make final decisions about alleged violations of conduct, apart from those decisions made by a court of law.
- Cases of disruption or non-peaceful action normally will be treated as a violation of the Code of Student Conduct and will be adjudicated by the normal conduct process at the College. The President of the College, or his/her designee, may put disruptive or non-peaceful students on notice that they are in violation of this policy and file charges against them. Nothing in this paragraph limits the President’s or his/her designee’s authority to place a student on interim suspension for violating this policy as set forth above.
- .All individuals who are engaged in disruptive or non-peaceful action may be notified that they are trespassing. Persons who continue to trespass after notification are subject to arrest.
- Kilgore College may bill students or file civil suits to recover damages and costs resulting from nonpeaceful or disruptive protests or other violations of this policy.
Any violation of this policy that involves literature, signs, pamphlets or other written materials will generally involve a warning and, if not followed, the College official may confiscate the material and take any other necessary steps as outlined herein or otherwise.
Hiring:
View/Print PDF version of Hiring Policy & Procedures
Approved By and Date:
Board of Trustees, 9-9-2019
Executive Leadership Team, 8-27-2019
Policy:
Kilgore College faculty and staff are expected to be involved in setting a climate conducive to promoting and maintaining diversity. It is the policy of Kilgore College that all qualified applicants receive equal consideration without regard to gender, race, color, religion, national origin, disability, age, veteran status or genetic information. This policy reflects compliance with all appropriate federal, state, and local statutes including, but not limited to, the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Rehabilitation Act of 1973 (section 503, 504); the Americans with Disabilities Act; Title IX of the Educational Amendments of 1972; the Veterans Assistance Act of 1974; Article 5221k V.A.C.S.; Executive Orders 11246 and 11758; the Texas Commission on Human Rights Act, as amended.
Current full-time Kilgore College employees must wait six months from date of hire before being eligible to apply for another position within the College. Exceptions will only be allowed with approval of the College president.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-27-2019
Kilgore College establishes procedures, provides instructions, and sets forth basic principles to be followed in the administration of the hiring process. The objectives for the screening committees are to select and present for administrative consideration, the best candidates to fill faculty and staff vacancies in a timely manner; and to ensure that individual applicants are afforded the opportunity to compete for available positions on an equal basis.
By authority of the Kilgore College Board of Trustees, the president is authorized to make offers of employment and to employ personnel, subject to Board ratification. While administrators at levels other than the president may be authorized to negotiate employment, only the president can make an offer of employment. Administrators other than the president are authorized only to make recommendations for employment. When positions become vacant for any reason, no hiring or search procedures will be initiated until a Request for Authorization to Conduct an Employee Search form has been completed and must have all appropriate signatures and be received in the Office of Human Resources. This procedure applies to all full-time faculty and staff positions of Kilgore College. Vice presidents, deans (or equivalents), directors, department chairs, and coordinators are accountable for efforts to achieve a diverse faculty and staff in their respective areas. Positive action will be taken by the administration to identify and eliminate any unnecessary barriers to equal employment opportunities. Recruitment efforts will be made to utilize both traditional and non-traditional employment sources which reach individuals who are members of racially and ethnically underrepresented groups, as well as underrepresented gender groups. In the event of an unexpected faculty or staff vacancy, and when time does not permit a full search to be conducted, the president may approve an interim appointment. The duration of this appointment shall not exceed one year, during which time a search will be conducted. Exceptions to this procedure may be made only with written authorization of the president.
Deans and instructional department leaders are responsible for hiring adjunct instructors who have qualifications which meet or exceed those listed in the Faculty Competence Policy.
Responsibilities for organizing and conducting searches:
President:
It is the responsibility of the president to:
- Approve or disapprove all requests to conduct an employment search.
- Approve or disapprove all recommendations for hiring.
- Issue a written offer of employment to each successful candidate.
- Submit each new employee to the Board of Trustees for ratification.
Vice Presidents (or equivalents):
It is the responsibility of the vice presidents to:
- Approve or disapprove each search before forwarding such requests to the Office of Human Resources and the President’s Office.
- Approve or disapprove all finalists for employment consideration and submit same to the president for final approval.
- Meet with committee should he/she disapprove a finalist.
Deans or Equivalent Supervisor:
It is the responsibility of the deans or equivalent supervisors to:
- Complete and submit a Request for Authorization to Conduct an Employee Search and the Position Specification or updated job description.
- Approve the screening committee composition. The committee must, to the maximum extent possible, include a cross section of persons with regard to race, gender, and ethnic origin, and the voting members should have knowledge in the field or other meaningful insights as related to the position.
- Receive the screening committee's recommendations and conduct second round interviews, as appropriate.
- Make objective recommendation for employment to the appropriate vice president with a copy to the Office of Human Resources.
- Ensure that all hiring and employment practices are followed in accordance with Kilgore College procedures.
- Notify the successful candidate of the outcome of the search by telephone or delegate that responsibility to HR or appropriate department chair.
- Indicate that an official offer of employment can only be extended by the president.
- Assume all of the responsibilities listed below for a department chair if the search is for a program coordinator or department chair level position.
Screening Committee Chair:
For faculty positions, the department chair, program director, or coordinator typically serves as the chair of the screening committee. For non-faculty positions, the direct supervisor typically fills this role.
It is the screening committee chair's responsibility to:
- Assist the dean or supervisor in writing the Kilgore College Job Description to include qualifications and responsibilities of the position. (Note: If the search is to fill an existing position, the chair will check with Human Resources to see if a job description already exists and if so, an update to the current job description can be used.)
- Initiate the hiring process by assisting the dean or equivalent supervisor in completing a Request for Authorization to Conduct an Employee Search form.
- Recommend to the dean a three to five member screening committee, after conferring with the Director of Human Resources. The committee must, to the maximum extent possible, include a cross section of persons with regard to race, gender, and ethnic origin, and the voting members should have knowledge in the field.
- Meet with the screening committee to emphasize compliance with the procedures and to give the committee its charge, including the target date for completion of the search, as well as any other specific instructions.
- Receive applications from the Office of Human Resources and duplicate and distribute, as appropriate, to members of the screening committee.
- Work with the screening committee to ensure that all the appropriate steps of this procedure are completed and that a fair and objective hiring recommendation is reached.
- Notify the Office of Human Resources of those candidates not selected for an interview so that letters of non-selection may be developed.
- Forward a copy of the interview questions to the Office of Human Resources for review prior to the start of interviews.
- Forward the Screening Committee Recommendation form to HR and the appropriate dean/administrator for consideration.
- Forward a copy of the all application materials, a copy of the interview questionnaire, and all Pre-employment Reference Check forms to the Office of Human Resources.
- Notify by phone those individuals who were interviewed but not selected for employment, expressing gratitude for their interest in Kilgore College.
Screening Committee:
It is the responsibility of the committee to:
- Review and understand the hiring procedures.
- Maintain confidentiality regarding individuals in the applicant pool, as well as all committee discussions and ratings. Develop a list of essential candidate characteristics (knowledge base, skills, abilities and other qualifications) to be considered in the screening process.
- Develop interview questions which will be asked of every candidate. This list of questions must focus only on job related issues and must avoid discriminatory or overly personal subjects.
- Screen application materials to determine applicant qualifications based upon job related criteria. Individuals not meeting the "minimum requirements", as listed on the official Kilgore College Job Announcement, should not be considered for employment; thus, they should not be offered an interview.
- Select those individuals who will receive an interview. The most equitable method for selecting candidates to interview involves grouping all applications by similar job related criteria (e.g., all applicants with a master's degree and three or more years of experience in group 1, applicants with bachelor's degree and three or more years of experience in group 2.) Interviews should be offered to all individuals within the "highest" or most qualified group. If the screening committee desires to interview someone in the second most qualified group, all applicants within that group must also be offered an interview. (Note: There is no such thing as being "over qualified" for a job.)
- Schedule interviews. To the maximum extent possible, interviews should be set at a time convenient to the committee members, as well as the applicants. If desired, the Office of Human Resources will schedule interviews on behalf of the committee.
- Conduct the interviews. Every applicant interviewed must be asked the same basic questions. However, based upon responses received to the basic questions, the screening committee members are permitted to ask follow up or probing questions that differ person to person. In addition, the committee must ensure that each candidate is treated similarly (If one candidate is provided a tour, all candidates should be provided the same opportunity.)
- Rank the top three finalists in order of preference and submit the Screening Committee Recommendation form.
- Contact references and/or previous employers of top finalist after the interview process. Record the results of the conversations on the Pre-Employment Reference Check form.
Office of Human Resources:
It is the responsibility of the Office of Human Resources to monitor the search process and to:
- Authorize the search opening, in consultation with the president, by signing the Request for Authorization to Conduct an Employee Search form.
- Develop and distribute the official Kilgore College Job Announcement based upon the Position Specification or updated job description.
- Develop and transmit to the public information officer any paid advertising of the vacancy requested by the department. Please note: paid advertising is done only at the request of the department and all associated costs must be paid out of departmental budgets.
- Receive original application materials from prospective employees.
- Meet with the screening committee prior to the initiation of the interview process to cover all necessary procedures.
- Prepare and transmit letters of non-selection.
- Receive employment recommendations from the screening committee and arrange or conduct final interviews, as appropriate.
- Make the final employment recommendation to the president.
- Prepare for the president's signature a written offer of employment.
- Conduct background check on the recommended candidate.
Ensure that all rules, policies, and regulations concerning equal employment opportunity are adhered to during the search process.
Infectious/Communicable Disease:
View/Print PDF version of Infectious/Communicable Disease Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-2018
Executive Leadership Team, 1-18-2018
Policy:
Kilgore College actively promotes the good health, safety, and well-being of students and employees to such extent or degree as possible while prohibiting discrimination against persons afflicted with communicable diseases.
Communicable disease is defined as any condition which is transmitted directly or indirectly to a person from an infected person or animal through the agency of an intermediate animal, host, or vector, or through the inanimate environment. Communicable disease includes, but is not limited to: influenza; tuberculosis; conjunctivitis; infectious mononucleosis; acquired immune deficiency syndrome (AIDS), AIDS-related complex (ARC), positive HIV antibody status; hepatitis A, B, C and D; meningitis; community associated methicillin-resistant staphylococcus aureus (CA-MRSA); and sexually transmitted diseases.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-18-2018
General Procedures:
Persons who know or who have reason to believe they are infected with a communicable disease have an obligation to conduct themselves in accordance with such knowledge in order to protect themselves and others.
Students and employees who have communicable diseases, whether symptomatic or not, will be allowed regular classroom and work attendance in a non-restrictive manner, as long as they are able to attend classes and/or work and do not pose a medically proven threat for transmission of the disease or condition. Therefore, when there is no medical justification for restricting the access of students and employees who have communicable diseases, they will be allowed access to all College facilities and services.
All medical information related to the communicable diseases of students and employees will be kept confidential and no person, group, agency, insurer, employer, or institution will be provided any medical information without the prior, specific written consent of a student or employee unless providing such information is required by state and/or federal law.
Bacterial Meningitis:
Texas Education Code, §51.9192, Subchapter Z, establishes the requirement for bacterial meningitis vaccination for certain students and identifies exceptions to that requirement. Typically, all entering students who are less than 22 years of age must show proof of having received a bacterial meningitis immunization or booster within the five-year period immediately preceding enrollment.
Sources for Additional Information:
Information regarding communicable diseases is available from the campus nurse’s office, located in the Parks Fitness Center. Students may contact the campus nurse by calling (903) 983-8632. Specific information regarding Bacterial Meningitis, a serious and potentially deadly disease, is also available in the Student Handbook.
Infectious Disease Facility Protocol
View/Print PDF version of Infectious Disease Facility Protocol Policy & Procedures
Approved By and Date:
Board of Trustees, 6-8-2020
Executive Leadership Team, 5-22-2020
Policy:
Meticulous adherence to public health practices, including environmental measures such as enhanced cleaning and disinfection of common and high traffic areas, is critical in providing a working and learning environment that is safe and reassuring for the entire College community.
Procedures:
Approved By and Date:
Executive Leadership Team, 7-13-2020
In compliance with this policy, contractual housekeeping staff have received Personal Protective Equipment (PPE) and guidelines on appropriate techniques, as per Centers for Disease Control (CDC) guidelines, for cleaning and disinfecting common, non-clinical spaces.
The following facility protocols will be utilized to reopen closed buildings, return buildings to operations, and to return buildings to continuing operations after containment. These protocols may happen sequentially or concurrently as institutional need dictates.
Reopen Closed Buildings Protocol:
Facility Readiness:
- Areas identified for reopening by the College president have been deep cleaned at least once since closure.
- Site disinfection (classrooms and common areas) is executed prior to employees returning to work per local disinfection procedure.
- Cleaning routines are established and processes have been developed for verifying appropriateness of routines.
- Break and lunchroom protocols – chairs have been removed and signage has been added to limit capacity.
- Work and lunchbreak protocols – seating has been limited to ensure social distancing and signage has been added to limit capacity in break areas.
- Physical distancing, isolation, and gathering/congregating rules and layouts have been deployed.
- Walkways have social/physical distancing markers in case of lines or congregating individuals.
- All rooms where employees will return have been labeled with signs, ground or wall tape, to denote physical distance, as needed.
- Water fountains have been disabled and signage added.
- Furniture has been rearranged to discourage proximity of closer than six feet.
- Health check stations (thermometers, gloves, hand sanitizers, and masks) have been setup before employees return, if deemed necessary.
- Separate waste disposal mechanisms for PPE have been set up and are treated as biohazard.
- HVAC is fully operational in all necessary areas.
- HVAC filters have been upgraded and changed per defined schedule.
- Entry and Exit points are controlled as appropriate, and have been designated and communicated via signs, emails, and other communications.
- Processes have been identified for maximizing physical distancing in staircases and elevators.
- Inactive spaces have been placed in lockdown or roped off to limit access.
- Strategies for the use of classrooms on lower floors, if possible, have been developed to minimize the use of elevators.
- The use of elevators is limited to people with disabilities.
- Lists have been developed to identify active space (building schedules).
- Where feasible, interior doors have been propped to the open position to minimize touchpoints.
- Determine if cafés and cafeterias will resume in full or limited offerings.
- Develop office, conference room, classroom, elevators, etc. capacity restrictions.
Classrooms, laboratories, and other instructional facilities:
- Equipment deep cleaning activities have been completed (in particular those parts an employee/student is likely to touch).
- Equipment readiness activities/checks have been completed.
- Furniture has been rearranged (or removed as necessary) to ensure six-feet physical distancing.
Return Buildings to Operations Protocol:
Facility Readiness:
- Disinfecting stations are periodically checked for supplies and replenished as necessary (at least daily) and records are kept.
- Wayfinding signs, cautionary signs, and all other type of infectious disease-related signs, tapes, and markings are checked daily.
- Used PPE are discarded daily and will be removed from the buildings so as to have only one day's worth of PPE trash in the buildings.
Classrooms, laboratories, and other instructional facilities:
- Classroom and laboratory cleaning schedules are maintained and kept at the local level (daily to begin).
- Classrooms and laboratory furniture are checked daily to ensure they have not been moved in non-compliance with Reopen Closed Buildings Protocol.
- Classroom and laboratory signs, markings, and tape are checked daily to ensure they have not been moved, removed, etc.
Return Buildings to Operations Protocol for Containment:
Facility Readiness, including classrooms, laboratories, and other instructional facilities:
- Confirmed and/or suspected positives on KC property will lead to an immediate shutdown of the affected areas/buildings until sanitized.
- Confirmed and/or suspected positives will lead to a relocation of functions in the affected area/building to another area/building.
Employees who have concerns about facilities readiness should contact their supervisor.
Information Security:
View/Print PDF version of Information Security Policy & Procedures
Approved By and Date:
Board of Trustees, 6-17-2019
Executive Leadership Team, 6-5-2019
Policy:
Kilgore College’s Information Security is governed by several federal and state laws. Texas Administrative Code (TAC) 202 subchapter C defines information security standards for institutions of higher education. TAC 202 requires that the College develop an Information Security Plan. The KC Information Security Plan also is intended to comply with the federal Safeguards Rule. In accordance with this over-arching Information Security policy, where applicable, subject specific policies, procedures, standards, guidelines and controls will be established to support and maintain the Information Security Plan.
View the Information Security Plan for KC (pdf)
Procedures:
Approved By and Date:
Executive Leadership Team, 6-5-2019
Kilgore College takes data privacy and security seriously and has systems in place to protect its data. The Kilgore College Information Security Plan combines multiple security elements into a management framework that supports the objectives of confidentiality, integrity, and availability.
The KC Information Security Plan is a living document that provides a strategic plan to achieve compliance with information security related laws and regulations.
The framework of the Plan is designed to:
1. Ensure the confidentiality, integrity, and availability of KC data.
2. Establish the governance and responsibilities for information security at KC.
3. Establish periodic risk assessments and develop risk mitigation plans.
4. Classify information and establish controls for each classification type.
5. Establish an ongoing security awareness education program for all users starting with new employees during the onboarding process.
6. Establish strategies to protect high-impact information resources.
7. Facilitate the development of policies, standards and procedures that include controls for:
a. Data security risk management.
b. Mitigation of information security risks to levels acceptable to College leadership.
c. Information security throughout the life cycle of the information resource.
8. Develop processes to:
a. Plan, implement, evaluate, and document remedial action to address any deficiencies in the information security policies, procedures, and practices.
b. Justify, grant and document any exceptions to specific program requirements in accordance with requirements and processes.
Scope of the Information Security Plan:
The Information Security Plan applies equally to any person granted access to Kilgore College information resources including:
- All users employed by KC, contractors, vendors, or any other person with access to KC information technology resources.
- Non-KC-owned computing devices that may store protected KC information.
- All categories of information, regardless of the medium in which the information asset is held or transmitted (e.g. physical or electronic).
- Information technology facilities, applications, hardware systems, network resources owned or managed by KC. This includes third party service providers' systems that access or store KC protected information.
NOTE: Auxiliary organizations, external businesses and organizations that use college information technology resources must operate those assets in conformity with the KC Information Security Plan.
Information Security Plan Framework:
The foundational elements that follow create a framework for the Information Security Plan that ensure continuity, performance and security of KC's information systems. A review of KC's Information Security Plan for compliance with required standards will be performed at least biennially based on business risk management decisions by individuals(s) independent of the Information Security Plan.
The elements outlined here will ensure appropriate safeguards are applied to KC's information systems and will be regularly reviewed and updated consistent with changing business environment and/or regulations.
- Responsibility and Accountability.
- Risk Management.
- Security Awareness.
- Business Continuity Plan.
- Information Security Incident Response.
- Physical Security.
- Digital Data Disposition.
- Enforcement.
Information Technology Resources Acceptable Use:
View/Print PDF version of Information Technology Resources Acceptable Use Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 9-01-2017
Policy:
Kilgore College provides information technology resources to employees and students to support the College’s mission. Access to Kilgore College’s (KC) information technology resources is a privilege, not a right. All users are required to acknowledge receipt and understanding of all administrative regulations governing use of KC’s information technology resources and will agree in writing to allow monitoring of their use and to comply with such regulations and guidelines annually. Noncompliance will result in suspension of access or termination of privileges and other disciplinary action consistent with KC policies. Violations of law may result in criminal prosecution as well as disciplinary action by KC.
Procedures:
Approved By and Date:
Executive Leadership Team, 9-01-2017
Electronic files created, sent, received, or stored on information technology resources owned, leased, administered, or otherwise under the custody and control of Kilgore College are the property of Kilgore College unless a written agreement exists otherwise. All messages, files and documents – including personal messages, files and documents – located on Kilgore College information technology resources are owned by Kilgore College, may be subject to open records requests, and may be accessed by the Director of Information Technology in accordance with this policy.
Definitions:
- Information technology resources are defined as any and all computer and peripheral devices capable of receiving, storing, managing, or transmitting electronic data, the wired and wireless networks that connect these devices, and the information stored on those devices.
- A user is defined as an individual or an automated application process that is authorized to access Kilgore College Information Technology Resources.
Procedures:
- All wireless access points/routers accessing Kilgore College’s network must be owned or approved, in writing, by Kilgore College.
- Users must not share their Kilgore College account(s), passwords, personal identification numbers (PIN), security tokens (i.e. Smartcard), or similar information or devices used for identification and authorization purposes.
- Users must report any weaknesses in College computer security and any incidents of possible misuse or violation of this policy and its procedures to the appropriate supervisor.
- Users must not download, install, or run security programs or utilities that reveal or exploit weaknesses in the security of a system. For example, College users must not run password cracking programs, packet sniffers, port scanners, or any other non-approved programs on College information technology resources.
- Users must not attempt to access any data or programs contained on College information technology resources for which they do not have authorization or explicit consent.
- Users must not make, acquire, or use unauthorized copies of copyrighted software on Kilgore College information technology resources.
- Users must remove disruptive software, shareware, or freeware installed on College information technology resources when requested by appropriate management personnel.
- Users must not purposely engage in any activity that may do any of the following: harass, threaten, or abuse others; degrade the performance of information technology resources including downloading large files from the Internet that are unrelated to the academic or administrative functions of Kilgore College; deprive an authorized Kilgore College user access to a Kilgore College resource; obtain extra resources beyond those allocated; or circumvent Kilgore College computer security measures.
- Users must not intentionally access, create, store or transmit material which Kilgore College may deem to be offensive, indecent, or obscene (other than in the course of academic research where this aspect of the research has the explicit written approval of the Kilgore College vice president of instruction).
- Kilgore College information technology resources must not be used for personal business or benefit.
- Kilgore College owned software will not be installed on personally owned equipment.
- Users must not otherwise engage in acts against the aims and purposes of Kilgore College as specified in its governing documents or in rules, regulations, and procedures adopted from time to time.
- As a convenience to the Kilgore College user community, incidental personal use of information technology resources is permitted. The following restrictions apply:
- Incidental personal use of electronic mail, internet access, fax machines, printers, copiers, and so on, is restricted to Kilgore College approved users; it does not extend to family members or other acquaintances.
- Incidental personal use must not result in any direct costs to Kilgore College.
- Incidental personal use must not interfere with the normal performance of an employee’s work duties.
- No files or documents may be sent or received that may cause legal action against, or embarrassment to, Kilgore College.
14. Storage of personal email messages, voice messages, files, and documents within Kilgore College’s information technology resources must be nominal. Violation of this policy may result in disciplinary action which may include termination for employees; a termination of employment relations in the case of contractors or consultants; dismissal for interns and volunteers; or suspension or expulsion in the case of a student. Additionally, individuals are subject to loss of Kilgore College information technology resources access privileges, as well as, civil, and criminal prosecution.
Intellectual Property:
View/Print PDF version of Intellectual Property Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 9-11-2017
Policy:
Kilgore College employees and students own all rights to copyrightable or patentable independent works created by that person without College support. Unless otherwise provided in a rights agreement, the College owns all rights to a copyrightable or patentable work created by the person with College support.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-08-2018
The ownership of a copyright or patent resulting from the development of intellectual property and any rewards or recognition attributed to the copyright or patent will be determined according to the following conditions:
Ownership resides with the employee or student under the following criteria:
- The work is the result of individual initiative, not requested by the College.
- The work is not the product of a specific contract or assignment made as a result of employment or enrollment at the College.
- The work is not prepared within the scope of the employee’s job duties or the student’s enrollment.
- The work involves insignificant use of College facilities, time, and/or other resources.
Ownership resides with the College if the above criteria are not met and/or if the following criteria apply:
- The work is prepared within the scope of the employee’s job duties or the student’s enrollment.
- The work is the product of a specific contract or assignment made in the course of the employee’s employment with the College or the student’s enrollment.
- The development of the work involved significant facilities, time, and/or other resources of the College including but not limited to released time, grant funds*, college personnel, salary supplement, leave with pay, equipment, or other materials or financial assistance.
- The College and the employee or student may enter into an agreement for an equitable arrangement for joint ownership, sharing of royalties, or reimbursement to the College for its costs and support. When it can be foreseen that commercially valuable property will be created, the College and the employee or student will negotiate an agreement for ownership and the sharing of benefits prior to creation of the property. In all such cases, the agreement will provide that the College will have a perpetual license to use the work without compensation to the employee or student for such use.
- If an employee is granted full or partial leave with pay (e.g., release time or educational leave) to write, develop, produce, or invent intellectual property, the employee and the College will share in any financial gain; and the College’s share will be negotiated prior to the time the leave is taken.
*Notwithstanding the provisions of this policy, in the case of a work created under a grant accepted by the College the ownership provisions of the grant will prevail.
Revenue derived from the creation and production of all intellectual property will be deposited in the applicable department’s “gifts and grants” (or comparable) budget line item for uses consistent with the College’s mission.
Kilgore College expects its employees and students to abide by all U.S. copyright regulations. The College website contains specific details regarding applicable copyright information and prohibitions against unauthorized duplication and distribution of copyrighted materials, including copyrighted music and video. Violations of copyright laws, including unauthorized peer-to-peer sharing, are subject to college disciplinary sanctions as well as civil and criminal liabilities.
Issues or disputes between the College and its employees, including student workers, regarding intellectual property should be directed to the director of human resources.
Issues or disputes between the College and students regarding intellectual property should be directed to the vice president of student development.
Institutionally Funded Competitive Scholarships:
View/Print PDF version of Institutionally Funded Competitive Scholarships Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-2018
Executive Leadership Team, 1-30-2018
Policy:
In accordance with its Mission, the Kilgore College Board of Trustees places emphasis on the importance of “access” through optimization of its institutionally funded competitive scholarship awards.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-30-2018
Authorizing Statute: The waiver program for non-resident scholarship students is authorized through Texas Education Code Section 54.213. Local Boards of Trustees tuition and fee latitude under Texas Education Code Section 54.5035(b) and Section 130.084(b).
Definitions:
- Non-Resident: For the purposes of this policy, non-resident means either an out of state residency classification and /or an out of the Kilgore College taxing district residency classification as appropriate.
- Institutionally Funded: Refers only to those scholarship awards that the institution provides for via its operating budget. This does not include scholarships or endowments funded by external parties including the Kilgore College Foundation.
- Eligible Persons: A nonresident/out of district student who receives a competitive scholarship from a Texas public institution of higher education under the following conditions may receive a waiver under the following provisions:
The competitive scholarship must meet the following requirements:
- For an out of state residency tuition waiver, the total scholarship award must be at least $1,000 for the period of time covered by the scholarship, not to exceed 12 months. For an out of district tuition waiver, the total scholarship award must be at least $500 for the period of time covered by the scholarship, not to exceed 12 months. NOTE: Institutional scholarships are awarded on an annual basis, however all awardees are required to qualify each semester as per award guidelines;
- Be awarded by a scholarship committee authorized in writing by the institution’s administration to grant scholarships that permit this waiver of nonresident tuition;
- Be awarded according to criteria published in the institution’s paper or electronic catalog, available to the public in advance of any application deadline;
- Be awarded under circumstances that cause both the funds and the selection process to be under the control of the institution; and
- Permit awards to both resident/non-resident and/or in district/out of district persons.
Application:
- An eligible person, who qualifies for a waiver under the guidelines described in this policy will pay resident and/or in district tuition rates.
- The waiver of non-resident/out of district tuition under this provision will only apply to the semester or semesters for which the enabling scholarship is awarded.
- If the scholarship is terminated for any reason prior to the end of the semester or semesters for which it was initially awarded the person will pay non-resident/out of district tuition for any semester following the termination of the scholarships.
- Waivers of non-resident tuition, in a given semester under the provisions of Texas Education Code &54.213, will not exceed 5 (five) percent of the total number of students enrolled in the institution in the same semester in the prior year.
Waivers of non-resident/out of district tuition under this policy only applies to tuition paid to the institution awarding the enabling scholarship. Unless, said recipient is simultaneously enrolled in two or more public institutions of higher education under a program offered jointly by the institutions under a partnership agreement, in which case the recipient is entitled to a waiver also at the second institution.
Investment:
View/Print PDF version of Investment Policy & Procedures
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 11-19-2019
Policy:
This policy serves to satisfy the statutory requirements of Government Code Chapter 2256 Public Funds Investment Act (PFIA) to define and adopt a formal investment policy. This policy will be reviewed and adopted by resolution at least annually according to Section 2256.005(e).
Procedures:
Approved By and Date:
Executive Leadership Team, 11-19-2019
- Scope. This investment policy applies to all financial assets of all funds of Kilgore College, at the present time and any funds to be created in the future, unless expressly prohibited by law or unless it is in contravention of any depository contract between the College and any depository bank. Deferred compensation and pension funds are excluded from this policy.
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College Investment Officer. The president and chief financial officer of the College, acting on behalf of the Board of Trustees, are designated as the investment officers and are responsible for investment management decision and activities. The Board is responsible for considering the quality and capability of staff, investment advisors, and consultants involved in investment management and procedures. All participants in the investment process shall seek to act responsibly as custodians of the public trust. Funds that are not immediately required to pay obligations of the College may be invested according to the Board’s approved policy.
- Disclosure of Business Relationship. If the investment officer has a personal business relationship with an entity – or is related within the second degree by affinity or consanguinity to an individual – seeking to sell an investment to the College, the investment officer must file a statement disclosing that personal business interest – or relationship – with the Texas Ethics Commission and the Board in accordance with Government Code 2256.005(i).
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Investment Objectives. Funds of the College will be invested in accordance with federal and state laws, this investment policy, and written administrative procedures. The College will invest according to investment strategies for each fund as they are adopted by Board resolution in accordance with Section 2256.005(d).
- Safety and Maintenance of Adequate Liquidity. The College is concerned about the return of its principal; therefore, safety of principal is a primary objective in any investment transaction involving funds subject to the PFIA (Section 2256.005(b)(2)). The College investment portfolio must be structured in conformance with an asset/liability management plan, which provides for liquidity necessary to pay obligations as they become due.
- Diversification. It will be the policy of the College to diversify its portfolio to mitigate the risk of loss related to overconcentration of assets in a specific maturity, a specific issuer, or a specific class of investments. Investments of the College for funds subject to the PFIA shall always be selected to provide for stability of income and reasonable liquidity (Section 2256.005(b)(3)).
- Maturity. Portfolio maturities will be structured to meet the known financial obligations of the College first and then to achieve the highest return of interest. When the College has funds that will not be needed to meet current-year obligations, maturity restraints will be imposed based upon the investment strategy for each fund. The practice of the College District will be to impose a stated maximum maturity of any investment owned by the College of ten years.
- Quality and Capability of Investment Management. It is the College’s policy to provide training required by the PFIA, Section 2256.007 and periodic training in investment for the College investment officers through courses and seminars offered by qualified organizations in order to ensure the quality, capability, and currency of the College investment officers in making investment decisions. The investment officers shall attend at least one training session of at least ten hours relating to the officers’ responsibility under the PFIA within six months after assuming duties and shall attend an investment training session of at least five hours not less than once every two years thereafter.
- Method Used to Monitor Market Price of Investments. Market values of investments will be obtained from published sources of general circulation where possible. In the absence of published data, other sources including authorized financial institutions and brokers/dealers may be used. The investment portfolio shall be marked-to-market not less than quarterly.
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Investment Strategy. The College’s investment strategy for funds subject to the PFIA is designed to accomplish the objectives of safety of principal with liquidity and current income. Funds specifically excluded by law from the PFIA may be invested in a prudent manner according to the investment objectives appropriate to the nature of the funds. The strategies listed below are intended to accommodate the characteristics and intended uses of the varying types of College funds and to comply with the PFIA.
- Operating Funds. Investment strategies for operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. Current Operating Funds are to be invested primarily in instruments which offer high liquidity and maturities corresponding with the short to intermediate term operating needs of the College. Investments needed for immediate operating needs will primarily consist of bank certificates of deposit, interest bearing demand accounts, money market mutual funds and public fund investment pools. Funds not required for immediate operations may be invested in term instruments with maturities not to exceed five years.
- Debt Service Funds. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the debt service payment date.
- Construction (Bond) and Special Purpose Funds (Plant/Reserve). Investment strategies for construction and special purpose fund portfolios will have as their primary objective to ensure that anticipated cash flows are matched with adequate investment liquidity. These fund portfolios should include at least 25% in highly liquid securities for flexibility and unanticipated project outlays. The stated final maturity dates of securities should not exceed the estimated project completion date.
- Endowment Funds. Investment strategies for Endowment Funds will have as their primary objective the ability to produce consistent and dependable investment earnings. Although these funds may not be considered public funds, they are funds that are the responsibility of public officials, and the responsibility of “preservation and safety of principle” is higher than that of a separate entity. The accepted strategy is to invest all accounts that are at the endowed level with a board approved financial advisor targeting the strategy of 50% equity and 50% fixed. Endowment funds held at the College’s depository will be invested 25% IBC and 75% CD 90 day. This strategy will be evaluated monthly by the investment officers and quarterly by the investment committee. The Endowment Corpus will primarily be invested in long-term treasury, agency and municipal securities.
- Endowment disbursement. It is the College’s intent for those endowments that have expected annual disbursements, that 4% of the endowment value at January 1 be the targeted disbursement for the following fiscal year. For those endowments that are special purpose, as the expendable portion of the endowment becomes adequate for disbursement, the finance officers in consultation with the investment committee of the board will determine the amount of the disbursement, never touching the corpus of the endowment.
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Investment Types. The College investment officer shall use any or all of the following authorized investment instruments consistent with governing law for funds subject to the PFIA (Government Code 2256).
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Authorized Investments. Except as provided by Government Code 2256.009(b), the following are authorized investments:
- Obligations of the United States or its agencies and instrumentalities.
- Direct obligation of this state or its agencies and instrumentalities.
- Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States.
- Other obligations, the principal and interest of which are unconditionally guaranteed or insured by or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation (FDIC) or by the explicit full faith and credit of the United States.
- Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent.
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Certificates of deposit (CDs) if issued by a depository institution with its main office or a branch office in Texas and are:
- Guaranteed or insured by the FDIC or its successor;
- Secured by obligations that are described by Section 2256.009(a) of the PFIA, including mortgaged-backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates but excluding those mortgage-backed securities of the nature described by Section 2256.009(b) of the PFIA; or
- Secured in any other manner and amount provided by law for deposits of the College.
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In addition, the following CD-type is authorized provided that the following conditions are met:
- The funds are invested through a depository institution or broker that has its main office or a branch office in Texas and is selected from a list adopted by the College as required by Section 2256.025.
- The broker or the depository institution selected by the College arranges for funds to be deposited in one or more federally insured depository institutions, wherever located, for the account of the College.
- The full principal and interest amount of each CD is insured by the United States or an instrumentality of the United States.
- The selected depository institution, an entity described by Section 2257.041(d), or a clearing broker/dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R Section 250.15c3-3) as custodian for the various certificates issued for and held in the account of the College.
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A fully collateralized repurchase agreement, as defined in the PFIA, if it:
- Has a defined termination date;
- Is secured by a combination of cash and obligations described by Section 2256.009(a)(1) of the PFIA;
- Requires the securities being purchased by the College or cash held by the College to be pledged to the College, held in the College’s name, and deposited at the time the investment is made with the College or with a third party selected and approved by the College; and
- Is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state.
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Authorized Investments. Except as provided by Government Code 2256.009(b), the following are authorized investments:
Notwithstanding any law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered.
Money received by the College under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investment, but the term of the authorized investment acquired must mature not later than the expiration date stated in the reverse security repurchase agreement.
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A bankers’ acceptance if it;
- Has a stated maturity of 270 days or fewer from the date of its issuance;
- Will be, in accordance with its terms, liquidated in full at maturity;
- Is eligible for collateral for borrowing from a Federal Reserve bank; and
- Is accepted by a bank organized and existing under the laws of the United States or any state if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency.
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Commercial paper is an authorized investment under this subchapter if the commercial paper:
- Has a stated maturity of 270 days or fewer from the date of its issuance; and
- Is rated not less than A-1 or P-1 or an equivalent rating by at least two nationally recognized credit rating agencies or by one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state.
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Mutual funds and money market mutual funds with limitations described below:
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A no-load money market mutual fund is authorized if it:
- Is regulated by the Securities and Exchange Commission;
- Has a dollar-weighted average stated maturity of 90 days or fewer; and
- Includes in its investment objectives the maintenance of a stable net asset value of $1 for each share.
- A no-load mutual fund is authorized if it:
- Is registered with the Securities and Exchange Commission;
- Has an average weighted maturity of less than two years;
- Is invested exclusively in obligations approved by this subchapter;
- Is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and
- Conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities.
- Relative to mutual funds and money market mutual funds,
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A no-load money market mutual fund is authorized if it:
the College may not:
- Invest in the aggregate more than 80 percent of its monthly average funds balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds or mutual funds, either separately or collectively;
- Invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds;
- Invest any portion of bond proceeds, reserves, and funds held for debt service in mutual funds; or
- Invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund or money market mutual fund in an amount that exceeds ten percent of the total assets of the mutual fund or money market mutual fund.
- Eligible Investment Pools. As discussed in PFIA, Section 2256.016-2256.019, the Board by resolution may authorize investment in a particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by the PFIA. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this subchapter and the investment policies and objectives adopted by the investment pool.
The following guidelines shall apply:
- To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity the yield and expense ratio of the pool, including a statement regarding how yield is calculated.
- To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to a market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment policy and any other forms of reporting, a public funds investment pool created to function as a money market mutual fund shall report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds.
- If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c)(2), and (f) in Section 2256.016, Government Code must be posted on the website.
- To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the College an annual audited financial statement of the investment pool in which the entity has funds invested.
- If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested.
- A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service.
Kilgore College, as an institution of higher education are permitted the following additional investments under Section 2256.020 of the Act:
- Cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501 (f), Internal Revenue Code of 1986 (26 U.S.C. Section 501 (f));
- Negotiable CDs issued by a bank that has a CD rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and
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Corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories.
- Prohibited Investments Under Section 2256.009(b) of the PFIA. The College investment officer has no authority to use any of the following investment instruments for funds subject to the PFIA:
- Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal;
- Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest;
- Collateralized mortgage obligations that have a stated final maturity date of greater than ten years; or
- Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
- Credit Downgrade Provision. An investment that requires a minimum rating does not qualify as an authorized investment during the period the investment does not have the minimum rating. The College shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating.
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Investment Responsibility and Control.
- Authorized Brokers/Dealers and Financial Institutions. The College investment officer shall invest College District funds with any or all of the following institutions or groups consistent with federal and state law and the current depository bank contract:
- Depository bank;
- Other state or national banks that are insured by the FDIC;
- Public funds investment pools;
- Registered securities brokers, dealers, and money managers;
- Mutual fund companies; and
- Organizations exempt under Internal Revenue Code 501(f).
7.2 Qualifications for Approval of Brokers/Dealers. In accordance with 2256.005(k), a written copy of this investment policy shall be presented to any person seeking to sell to the College an authorized investment. The registered principal of the business organization seeking to sell an authorized investment shall execute a written instrument substantially to the effect that the registered principal has:
- Received and thoroughly reviewed the investment policy of the College; and
- Acknowledged that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the College and the organization.
The investment officer may not buy any securities from a person who has not delivered to the College an instrument in substantially the form provided above according to Section 2256.005(l).
- Controls and Procedures. The investment officer shall establish a system of written internal controls, which shall be reviewed annually by independent auditors. The controls shall be designed to prevent loss of funds due to fraud, error, misrepresentation, unanticipated market changes, or imprudent actions. The College shall establish procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021. The internal controls are to be reviewed annually in conjunction with an external independent audit. This review will provide assurance of compliance with policies and procedures as specified by this policy. The College, in conjunction with its annual financial audit, shall perform a compliance audit of management controls and adherence to the College’s established investment policy.
- Audit Control. The Board, at a minimum, will have an annual financial audit of all College District funds by an independent auditing firm, as well as a full compliance audit of management controls on investments every other year as required by state law and adherence to the entity’s established investment policies in accordance with Government Code 2256.005(m).
- Standard of Care. In accordance with Government Code 2256.006, investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds subject to the PFIA shall be governed by the following investment objectives, in order of priority: preservation and safety of principal, liquidity, and yield. Investment of funds not subject to the PFIA shall be governed by investment objectives appropriate to each fund.
In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration:
- The investment of all funds, or funds under the College District’s control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and
- Whether the investment decision was consistent with the written investment policy of the College District.
The investment officer, acting in accordance with written policies and procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported in a timely manner and that appropriate action is taken to control adverse developments.
7.6 Change in the Law. The College is not required to liquidate investments that were authorized investments at the time of purchase (Government Code 2256.017).
8.0 Investment Reporting and Performance Evaluation. In accordance with Government Code 2256.023, not less than quarterly, the Board shall receive a written report of investment transactions for all funds for the preceding reporting period within a reasonable time after the end of the period.
8.1 Requirements of the Quarterly Report. The report must:
8.1.1 Describe in detail the investment position of the College on the date of the report;
8.1.2 Be prepared jointly by all investment officers of the College;
8.1.3 Be signed by each investment officer of the College;
8.1.4 Contain a summary statement of each pooled fund group that states the:
a. Beginning market value for the reporting period;
b. Ending market value for the period; and
c. Fully accrued investment interest as of the quarter ending period.
8.1.5 State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested;
8.1.6 State the maturity date of each separately invested asset that has a maturity date;
8.1.7 State the account or fund or pooled group fund in the College for which each individual investment was acquired; and
8.1.8 State the compliance of the investment portfolio of the College as it relates to:
a. The investment strategy expressed in the College’s investment policy; and
b. Relevant provisions of this chapter.
8.2 Notification of Investment Changes. The Board shall be notified of any significant changes in current investment methods and procedures prior to their implementation, regardless of whether they are authorized by this policy.
9.0 Collateral and Safekeeping. The College investment officer shall ensure that all College depository funds subject to the PFIA are fully collateralized or insured consistent with federal and state law and the current bank depository contract.
9.1 Collateral and Insurance. Collateral or insurance shall be secured in one or more of the following manners:
a. FDIC insurance coverage; and
b. Obligations of the United States or its agencies and instrumentalities.
9.2 Safekeeping. All purchased securities subject to the PFIA shall be held in safekeeping by the College, a College account in a third-party financial institution, or with the Federal Reserve Bank.
All CDs, insured by the FDIC, purchased outside the depository bank shall be held in safekeeping by either the College or a College account in a third-party financial institution.
All pledged securities by the depository bank shall be held in safekeeping by the College, a College account in a third-party financial institution, or with a Federal Reserve Bank.
Leave & Absence Control:
View/Print PDF version of Leave & Absence Control Policy & Procedures
Approved By and Date:
Board of Trustees: 2-22-2021
Executive Leadership Team: 4-2-2020
Policy:
Kilgore College recognizes that regular attendance is an essential job function of every position at the College. To ensure continuous and efficient operations of the College, all employees must follow the procedures outlined below to ensure leave is used and recorded appropriately. Adherence to this policy is critical for continued employment if the absence(s) do not qualify for Family and Medical Leave Act (FMLA)*. Unacceptable absenteeism may lead to termination.
Kilgore College reserves the right to waive the requirements of this policy when granting reasonable accommodations under the Americans with Disabilities Act.
NOTE: The Families First Coronavirus Response Act (FFCRA) provided employees with paid sick leave (up to 80 hours for full-time and up to 40 hours for part-time employees) and expanded Family and Medical Leave Act (FMLA) for specified reasons related to COVID-19. The Department of Labor’s Wage and Hour Division administered and enforced the FFCRA’s paid leave requirements. These provisions were applicable through December 31, 2020. The second stimulus package relief bill (12/27/20) did not extend the requirement that employers provide emergency paid sick leave (EPSL) or emergency FMLA (EFLA) beyond this date. However, the Kilgore College Board of Trustees, in response to the prevalence of the COVID-19 virus and consideration of employee health and welfare, have authorized the College President to utilize the catastrophic leave bank and extend the paid sick leave provisions of the FFCRA through the end of the Spring 2021 semester (May 13, 2021).
Procedures:
Approved By and Date:
Executive Leadership Team: 8-29-2022
Regular Attendance:
Regular attendance is defined as being present at the employee’s designated work site, which may be on campus or at an assigned remote location during employee’s scheduled hours. This includes working remotely from home with administrative approval. Thus, working remotely does not constitute an absence from work. The ability to work remotely must be approved by the employee’s immediate supervisor. Employees approved to work remotely must sign the “Temporary Remote Work Agreement” to acknowledge understanding of, and aagreement to the expectations and guidelines governing working remotely. Non-exempt employees will populate timecards with their scheduled work hours/days whether working regular hours, or using time off as described below.
Paid Sick Leave Time:
Each full-time employee shall be granted eight hours per scheduled work month as paid sick l eave time each year. This leave shall be earned by the employee and credited to the employee’s time off accrual account on a monthly basis. Sick leave may accumulate to a maximum of 720 hours. Sick leave time is an employee benefit, not an entitlement. Employees have no property right to accrued sick leave time should the employment relationship cease and will not be paid for same. However, employees who retire with at least 10 consecutive years of full-time service with the College are provided a payout equal to one half of accumulated sick leave or one month’s salary, whichever is greater. Sick leave time for an FMLA qualifying event will run concurrently with the FMLA leave.
Use and Recording of Sick Leave:
Sick leave time may be used for personal illness, illness of immediate family, and bereavement for death of immediate family. Employees who are unable to report to work due to sickness or injury shall notify their supervisor at least one hour prior to the start of their workday unless it is impossible due to the particular circumstance. If additional days are missed, the same reporting requirements apply.
Sixteen hours of sick leave for nine-month employees and 24 hours for all other employees may be used for personal business providing that the employee secures advance approval of his or her immediate supervisor. Sick leave time may also be used for first-year care following the birth or adoption of an employee’s son or daughter or the placement of a child with the employee for foster care. Faculty shall be charged sick leave time as used even if a substitute is not employed. Sick leave time shall not be approved for more workdays than have been accumulated in prior years plus those already earned during the current year. Sick leave time shall be recorded in five-minute increments.
Faculty members should record eight hours of sick leave if they miss an entire work day, regardless of how much time is on their actual schedule for that day. If faculty members do not miss an entire day of work, they may record the actual time missed per their current term/semester schedule. Any other leave granted or days of absence above the available sick leave accumulated shall result in a deduction of the daily rate of pay for each day of absence, unless otherwise provided.
An employee who does not report to work or call in to report their absence anytime during the day of the absence will be considered to have abandoned their job and may be subject to termination.
Medical Certification:
An employee who is away from work or anticipates being away from work for more than three (3) consecutive days due to the employee’s serious health condition or the serious health condition of a family member shall be notified of their rights under the Family Medical Leave Act (FMLA). See Family Medical Leave Act (FMLA) Policy. All accrued paid leave is required to be used concurrently with FMLA leave.
NOTE: FMLA Leave, Unpaid Leave of Absence or Worker’s Compensation Leave for medical reasons are the only times an employee must provide a doctor’s certification for an illness.
Catastrophic Sick Leave Pool:
The Kilgore College Catastrophic Sick Leave Pool is funded “by employees for employees” and is administered by the Office of Human Resources according to this policy and the guidelines relevant to the pool. In the event of any conflict, this policy prevails. The sick leave pool exists and continues through the generosity and deposits of full-time Kilgore College employees. The pool is a secondary source of paid sick leave available to qualified full-time employees who have exhausted all other paid leave (i.e. vacation, sick, etc.). The leave can be taken concurrently with FMLA, if all or part of FLMA leave is unpaid. However, the employee cannot utilize the pool in addition to FMLA leave in the same twelve-month period. An application form to request use of the sick leave pool is available from the Office of Human Resources and must be submitted within five business days of the date that all other paid leave is exhausted, or it is waived, unless employee is physically unable to request same, in which case exceptions may be considered. The application is subject to approval by the executive leadership of the College, and is not automatically granted.
Qualifying rules pertaining to the pool include:
- The employee must be employed full-time for twelve consecutive months prior to application to the pool; and
- The employee must be in good standing with the College (no documented disciplinary or attendance issue, including but not limited to a Performance Improvement Plan (PIP), Memorandum of Counseling (MOC), or similar write up); and
- The employee or a qualified family member (as defined by the College’s guidelines on the pool) must have a “catastrophic” condition or combination of conditions that affect their mental and/or physical health. Catastrophic is generally defined as a condition that is severe, long-term, renders the individual unable to work, and would qualify the individual for disability insurance; and
- The condition must be treated by a licensed practitioner for a prolonged period of time (20 calendar days or more); and
- The employee must exhaust all other paid leave from the College; and
- The leave can be used for a maximum of thirty days or twelve days if a family member; and
- The employee is not receiving disability benefits from the group insurance program; and
- The leave is not requested for an injury or illness related to a workers’ compensation claim; and
- The employee must not have used any days from the sick leave pool within the twelve-month period prior to the date of application.
Any or all of the above qualifying rules may be waived at the discretion of the College president in situations of local disaster declarations or public health emergencies. The College may request medical documentation to substantiate the “catastrophic” condition and same must be provided immediately or the application may be denied. This documentation must include sufficient information regarding the condition to enable the College to determine eligibility.
Jury Duty:
An employee shall be granted leave with pay and without loss of accumulated leave for jury duty. The employee shall be required to present documentation of the service and shall retain any compensation for this service.
Other Court Appearances:
Absences for court appearances related to an employee’s personal business shall be deducted from the employee’s personal business leave or vacation or shall be taken by the employee as leave without pay.
Workers’ Compensation:
Kilgore College has workers’ compensation insurance coverage to protect employees in the event of a work- related injury or illness. Leave related to a workers’ compensation claim shall be governed by the College’s Workers’ Compensation Policy.
Religious Holy Days:
The College shall reasonably accommodate an employee’s request to be absent from duty in order to participate in religious observances and practices, so long as it does not interfere with College business and reasonable advance notice is provided. Such absence shall be without pay unless applicable paid leave is available.
The College does not discriminate against or penalize in any way a faculty member who is absent from work for the observance of a religious holy day and gives proper notice of that absence. The faculty member must notify his/her department chair in writing at the beginning of the semester of the desire to take off to observe holy days. This notification must include a list of specific days absent, as well as a plan for a substitute or class cancellation, and how students will be notified in advance. The absence must be approved by the department chair and dean.
A “religious holy day” shall be defined as a holy day observed by a religion whose places of worship are exempt from property taxation under Tax Code 11.20.
Holidays:
Recognized holidays* shall be as follows:
- Labor Day
- Thanksgiving
- Christmas Break
- Martin Luther King Day
- Spring Break
- Good Friday
- Memorial Day
- Juneteenth
- Independence Day
The majority of full-time Kilgore College employees shall observe the above listed holidays in conjunction with the official College calendar published in the College catalog..
Employees who are required to work on a designated holiday will be paid
Should an employee not be scheduled to work on a holiday, the employee will not be paid holiday hours for the week. Employees will receive scheduled hours for a holiday pay.
Holidays will not rollover or be used at a later time. Holidays are a benefit, not an entitlement.
*Certain departments on campus such as the police department and the Fitness Center and others may observe different holiday schedules due to the nature of their jobs.
Vacation:
Paid vacation time is provided to all full-time, twelve-month employees and is credited to employees using the formula of 6.67 hours per month. Thus, twelve-month employees shall be entitled to 80 working hours paid vacation each academic year. Twelve-month employees working less than a full academic year will be entitled to a pro rata share of the 80 working hours.
Annual vacation time is awarded on September 1 of each year or the employee’s first day of work, whichever is appropriate, and should be taken by the end of the fiscal year (August 31). An employee may carryover up to 40 hours of unused vacation time each year; however, any unused vacation time in excess of 40 hours will be lost unless the employee receives approval from his/her supervisor to roll it over. Any earned vacation will be paid upon leaving employment.
Flex Hours:
Given that most full time, non-exempt employees are scheduled to work 36 hours per week, flex hours are to be used to ensure that the weekly timecards for these employees reflect a minimum of 40 hours, when at least 36 hours of actual work or paid leave time is recorded, based upon the flexible schedule protocols. (Examples: An employee works 36 hours in a work week: Flex hours = 40 – 36, or 4 hours. An employee works 38 hours in a work week: Flex hours = 40 – 38, or 2 hours. An employee works 24 hours, 12 hours vacation. Flex hours = 40 – 24 – 12 = 4 hours of Flex)
Unpaid Leave:
Unpaid leave will only be granted for full-time employees due to extenuating circumstances, and on rare occasions at the sole discretion of the College. Employees who have no more paid leave remaining and seek to be absent must receive prior approval from their supervisor, the director of human resources, and the College president, whenever possible. Employees are encouraged to use paid leave time judiciously so as not to encounter situations where unpaid leave is needed. Employees utilizing unpaid leave for FMLA purposes will not be granted unpaid leave above and beyond FMLA leave.
Absence Control:
An employee will be in violation of this policy, and subject to discipline, including termination if any one of the following occur:
- The employee does not report to work and does not call in to report his or her absence to the immediate supervisor within the first hour of the scheduled work period
- The employee leaves work early without permission of his/her supervisor
- The employee has more than five days of unpaid absence in any twelve-month period (calculated from the last date of unpaid absence), excluding FMLA leave
- The employee is absent from work for more than six consecutive months for any reason other than jury duty or military leave
Marketing, Advertising and Recruitment Materials:
View/Print PDF version of Marketing, Advertising and Recruitment Materials Policy & Procedures
Approved By and Date:
Board of Trustees: 08-14-2017
Executive Leadership Team: 07-31-2017
Policy:
Kilgore College is committed to providing informative marketing, advertising, recruitment, and promotional materials that accurately represent the institution and its practices and policies. To ensure consistency, accuracy and integrity in all messaging, the KC Marketing Department will, at a minimum, review and approve all marketing, advertising, recruitment and promotional materials prior to distribution.
Procedures:
Approved By and Date:
Executive Leadership Team: 11-9-2020
Marketing, Advertising, and Promotional Materials:
Departments and/or programs desiring to develop and publish marketing, advertising and/or recruitment materials are expected to follow the standards outlined in the KC Publications and Graphics Standards Manual. Additionally, departments are encouraged to utilize the services of the KC Marketing Department. In situations where a department or program develops its own materials, KC Marketing Department approval is still required prior to printing, publishing, and/or distribution.
- Initial contact is made from a department or group on campus to the Director Marketing concerning a project.
- A response to the department is generated that includes a copy to all members of the marketing team who will be involved in the project.
- Content is provided by the originating department or organization before design begins.
- Once design of project has begun, a scope of the project will be given to the KC Print Shop. The KC Print Shop, in return, will provide all parties with a print schedule.
- Marketing, printing, and public relations staff will review draft versions for style, correctness, and accuracy, including proper logo usage, nondiscriminatory statement usage (print publications only), and picture usage.
- The marketing staff strives to ensure that the students represented in advertising characterize the diverse nature of the student body and full programmatic offerings of KC. Whenever possible, photos will portray actual students. The staff then secures photo releases of students, if necessary. If students, faculty, or staff are quoted, the quote is attributed to the respective person.
- Marketing sends a final electronic proof to the originating department or organization to grant final approval of the project. The KC Print Shop will provide, when appropriate, a printed copy of the project as part of the final approval process.
- Printing/publication begins when approval is received.
The KC Marketing Department is responsible for the development and maintenance of the official College website. Individual departments/programs are responsible for providing accurate and up-to-date information related to their area(s). All information published to the website must be reviewed and approved by the Marketing Department.
Faculty and staff are responsible for informing the Marketing Department of any updates, modifications and/or corrections needed.
Presentations:
Kilgore College faculty and staff are frequently called upon to present information to outside groups and organizations. All department supervisors must ensure consistency, accuracy, and integrity in all presentations. This shall be achieved via the following:
- All college related information and data used in a presentation to external groups or individuals must be retrieved from an official KC source such as the college catalog or official offices (i.e. institutional research, registrar’s office, an instructional division dean, or appropriate Vice President, etc.). Estimates, guesses and opinions are not to be used.
- All images used must be actual images of KC people or places (i.e. facilities, students, faculty). Furthermore, all images and graphics must adhere to the graphics standards published in the KC Publications and Graphics Standards Manual.
- In order to ensure consistency, accuracy, and integrity in messaging, any staff, faculty member, or student delivering a presentation developed by the institution will receive sufficient training and the approval to present by the appropriate department supervisor.
The institutional accreditation status of Kilgore College is officially published in two locations, the annual college catalog and the accreditation webpage of the college website. If it is necessary to represent accreditation status in any other document such as an application or a report, it must be written as follows:
Kilgore College is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award the associate degree. Questions about the accreditation of Kilgore College may be directed in writing to the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, GA 30033-4097, by calling (404) 679-4500, or by using information available on SACSCOC’s website (www.sacscoc.org).
Motor Vehicle Records & Vehicle Use:
View/Print PDF version of Motor Vehicle Records & Vehicle Use Policy & Procedures
Approved By and Date:
Board of Trustees: 2-10-2020
Executive Leadership Team: 1-13-2020
Policy:
The operations of Kilgore College necessitate the use of vehicles; and there is the potential for accidents that result in injuries, fatalities, damage to property and reputation, and claims against the College for third-party liability, property damage, and workers’ compensation. In recognition of this exposure to the College, Kilgore College will review, with the cooperation of the employee, the employee’s driving record and confirm the existence of a valid driver’s license prior to an employee’s using any vehicle for College business, regardless of vehicle ownership. As such, this policy applies to College-owned, personal, and/or rental vehicles utilized during the course of College business.
Although not employed by the College, members of the Board of Trustees are also subject to this policy while using their personal vehicles or rental vehicles for College business.
Procedures:
Approved By and Date:
Executive Leadership Team: 1-13-2020
Any employee operating a College vehicle or his/her own vehicle while conducting College business must be at least eighteen (18) years old, and have a current, valid U.S. driver’s license. An employee must be authorized and approved in accordance with this policy prior to operating a motor vehicle for College business.
The Office of Human Resources will conduct the required review of employee driving records prior to use of any vehicle on College business. This includes College-owned vehicles, rental vehicles, and personal vehicles. Employees holding jobs requiring regular driving for College business as an essential job function, or as a condition of employment, must be able to meet the driver eligibility standards outlined below at all times and must sign an authorization for release of driving information prior to hire and as requested thereafter. Such employees will have their driving records checked on a yearly basis or more often if needed in the College’s discretion. Employees whose jobs require regular driving for College business are subject to termination if they fail to meet driver eligibility standards at any time. For other jobs where driving is considered only an incidental function of the position, approval to drive for College business will be determined on an as-needed basis in accordance with the College's driver eligibility standards outlined below. Such employees must sign an authorization for release of driving information upon request, and may be subject to termination if they refuse to do so.
The last three years of driving experience shall be reviewed to determine the eligibility of the driver to operate a vehicle on behalf of the College. The College may consider employee’s driving record beyond the past three years in its sole discretion. Anyone determined to be an “Unacceptable Driver” as outlined below may not operate a vehicle on College business.
Employees approved to drive on College business are required to inform Kilgore College immediately of any changes that may affect their legal or physical ability to drive, any changes that affect their continued insurability, any suspension or revocation of their driver’s license, any arrests involving a driving related charge, any tickets related to driving (other than parking tickets), or any motor vehicle accidents that occur while on College business. Failure to report such matters promptly and fully to the employee's supervisor or College administration shall result in disciplinary action, including termination.
Employees driving a College-owned or rental vehicle on College business must keep in the vehicle a copy of the College’s current Texas Liability Insurance Card. A copy of the card may be obtained from the Procurement Services Office. Employees involved in a motor vehicle accident while on College business must immediately report this to their supervisor or a College administrator, preferably from the scene of the accident, unless immediate reporting to the supervisor from the scene is not possible. Employees involved in accidents must also attempt to gain as much information as possible regarding the accident, other vehicles/drivers, witnesses, and insurance information. This requirement applies whether driving his/her own vehicle or a College vehicle.
Employees who drive a vehicle on College business must exercise due diligence to drive safely and maintain the security of the vehicle and its contents. Employees are also personally responsible for any driving infractions, tickets, or fines that occur as a result of their driving.
Employees who operate a motor vehicle while on College business when their license is suspended or revoked shall be subject to disciplinary action, including termination.
Employees are not permitted, under any circumstances, to operate any vehicle for College business when any physical or mental impairment causes the employee to be unable to drive safely or violate any law. Additionally, employees shall not operate any vehicle for College business while using or consuming alcohol, illegal drugs, or prescription medications that may affect their ability to drive. These prohibitions include circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of impairment, illness, medication, or intoxication.
Employees who operate personal vehicles for College business must have current auto liability coverage for bodily injury and property damage. Employee’s personal insurance policy shall apply if using his/her own vehicle for College Business. Employees must furnish proof of such coverage to the Office of Human Resources upon the first instance of driving on College business for inclusion in their personnel file. Employees must notify Human Resources of any subsequent changes to their insurance coverage. Failure to report such changes to the Office of Human Resources will result in disciplinary action.
Employees may not use a hand-held cell phone, tablet or similar device while operating a vehicle on College business whether the vehicle is in motion or stopped at a traffic light. This includes, but is not limited to, answering or making phone calls, engaging in phone conversations, reading or responding to emails, instant messages, text messages, conducting searches on the internet or otherwise. If College employees need to use their phones, they must safely pull over to the side of the road or another safe location.
Employees shall not conduct any non-College business in a College owned or rental vehicle. This includes personal errands or stops, or taking routes other than what is necessary for the College’s business to be conducted.
No non-employees or non-students shall be allowed in a College owned or rented vehicle. Only persons related to College business shall be allowed in a College owned or rented vehicle.
Employees are required to:
- Wear a seatbelt at all times.
- Comply with all laws of the State in which they are driving and not exceed the posted speed limit at all times.
- Maintain a courteous attitude on the road and follow defensive driving techniques.
It is recommended that employees do the following, according to best practices:
- Turn off cell phones or put them on silent or vibrate before starting the car
- Modify voicemail greetings to indicate they are unavailable to answer calls or return messages while driving
Failure to comply with any of the above requirements may result in disciplinary action, up to and including termination of the employee.
Driver Eligibility Standards:
a. Acceptable Driver (meets 1 of the categories below)
- 2 moving traffic citations or less
- 2 not-at-fault motor vehicle accidents or less
- 1 at-fault motor vehicle accident
b. Unacceptable Driver (meets any of the categories below)
- 3 or more accidents (regardless of fault)
- One or more Type A violations
- Any combination of accidents and Type B violations which equal 4 or more
- 3 or more Type B violations
- An operator’s license that has been suspended or revoked
c. Type A Violations
- Driving while intoxicated
- Driving under the influence of drugs
- Refusing a substance abuse test
- Driving with an open container
- Negligent homicide arising out of the use of a motor vehicle
- Operating a motor vehicle during a period of suspension or revocation of an operator’s license
- Using a motor vehicle for the commission of a felony
- Aggravated assault with a motor vehicle
- Operating a motor vehicle without the owner’s authorization
- Permitting an unlicensed person to drive
- Reckless driving
- Speeding contest
- Hit and run (bodily injury and/or physical damage) driving
- Fleeing a police officer
d. Type B Violations
- All moving violations not listed in Type A Violations
Naming Gifts:
View/Print PDF version of Naming Gifts Policy & Procedures
Approved By and Date:
Board of Trustees: 4-13-2020
Executive Leadership Team: 3-6-2020
Policy:
Recognizing the importance of individual, community, and corporate involvement in education, the Kilgore College Board of Trustees encourages gifts to support the construction, renovation, or acquisition of College property or other non-tangible items to further the College’s mission.
Procedures:
Approved By and Date:
Executive Leadership Team: 3-6-2020
Kilgore College (“KC”) provides naming opportunities for facilities, programs, departments, positions, and student services units for gifts from donors referred to as a “naming gift.” Before proceeding with any naming, Kilgore College carefully considers all circumstances surrounding the naming, including the overall benefit to Kilgore College and whether displaying the name is and will continue to be a positive reflection on Kilgore College and does not conflict with the College’s mission.
No naming shall be permitted for any individual or corporation whose public image, products, or services may conflict with and the College’s mission. All naming and signage must be approved by the KC Board of Trustees.
Purpose:
The purpose of these procedures and appendices is to achieve clarity among all interested parties in the process of recommending and approving naming gifts.
Naming Opportunities:
The following are generally available for naming opportunities:
- College owned property and facilities, including but not limited to: buildings; building wings; major components of buildings; large auditoriums; concert halls; significant performing spaces; libraries; atriums; classrooms; laboratories; exhibition spaces; small performance spaces; library rooms or spaces; administrative rooms or spaces; non-academic rooms or spaces; conference rooms; career placement rooms or spaces; small athletic rooms, spaces or facilities; and prominent outdoor spaces.
- Instructional units, centers of excellence, programs, departments, positions, initiatives, and student services units.
The following are generally not available for naming opportunities:
- The name of the college or its campuses.
Gift Utilization:
The proceeds from a Naming Gift may be utilized for any or all of the following purposes, as negotiated, and in honoring gift intent:
- Non-restricted operations and maintenance of facilities expenses.
- Build-out, furnishing, equipment, expansion, or construction of facilities.
- Support for instructional or student development unit operating expenses.
- Endowment of instructional or student development unit leadership positions.
- Endowment for restricted purposes such as, department or instructional chair, operations, facilities maintenance, or program support.
- Other purposes as approved by the KC Board of Trustees.
Gift Agreement:
In order to facilitate the final approval of the proposed naming by the KC Board of Trustees, each naming gift will be documented by a Naming Gift Agreement (“NGA”). The NGA will be prepared by KC and/or its attorney and will clearly outline all of the specific terms of the gift and will be presented to the KC Board of Trustees for final approval. The NGA is a binding contractual agreement.
Donor Due Diligence:
The executive director of the KC Foundation (“KCF”), in collaboration with KC administration, is responsible for conducting reasonable due diligence on the background of individuals and organizations, who are potential donors. This due diligence shall include any criminal, moral or ethical issues in the public domain worthy of consideration in the naming process.
Prior to any submission for approval to the KC Board of Trustees, all NGAs will be reviewed by the KC/KCF attorney.
Management Fee:
The NGA will generally require that 2% be taken out of the total gift as unrestricted funds to be used as a management fee for the KC Foundation. This is a one-time fee to support the KC Foundation and help pay for its management of the gift.
Donor Gift Terms:
- Payment of the gift shall be determined and documented in the NGA.
- The gift will be in cash or in a monetizable form.
- The KC chief financial officer and KC Foundation executive director, at their discretion, may allow a gift payment by installments.
- The KC Foundation Board of Directors and the KC Foundation executive director shall manage all documentation and details related to the gift.
Duration of Naming:
The duration term of the naming will be clearly outlined in the NGA.
Survivability of Naming:
In the event of the need for demolition or renovation of a facility that is named, whether intentional, through accident, or act of nature, or if the useful life has been exceeded, existing names that are currently under a NGA will not automatically be transferred to a new or renovated facility. In such cases, the College reserves the right to name a new or renovated facility by:
- Transferring the existing name to the new or renovated facility (usually a prominent or historically significant name that the College wishes to continue to honor). It may be appropriate to name part of the new or renovated building for the previous donor or to include a plaque to commemorate the honorific historical name of the building.
- Asking the donor under any current NGA to make a new naming gift. If the donor declines, the College may offer the naming to a new donor. It may be appropriate to name part of the new building for the previous donor or to include a plaque to indicate that the new facility occupies the site of a building previously known by another name.
- Priority is given to a naming supported by an endowment, for an alternative recognition.
Changes of Naming:
In matters of business entity names, the KC Board of Trustees will work with the entity to ensure that any change to the business entity’s name is considered by the College. Similarly, for individual or personal name changes, the College will work with the individual to appropriately address changes in name in a manner that is acceptable to the donor and the College.
The donor will assume all reasonable costs for a name change, including but not limited to signage, web content updating, stationary, plaques, or other materials.
Removal of Naming:
In unusual or unforeseen circumstances, the KC Board of Trustees reserves the right to rescind a previously approved naming right and NGA. Examples of such situations include, but are not limited to:
- The donor does not fulfill a commitment upon which the naming was approved.
- Continuation of the name may conflict with KC’s mission or compromise the public trust or reputation of the College.
- Honorific naming may be removed at the KC Board of Trustees’ discretion at any time and for any reason.
Timing of Naming:
For binding, irrevocable gifts, a name will go into effect upon full payment of the gift. A name may go into effect before the gift is paid in full, at the discretion of the KC Board of Trustees and based upon the terms of the NGA.
For non-binding, revocable gifts, a name will not go into effect until it is received.
Minimum Monetary Value (“MMV”) for a Naming Gift:
- The MMV for a naming gift of a facility will be calculated as a fixed percentage of the cost basis or current value or replacement reasonably allocated to a facility under current market standards and as applied by the NGA. See Appendix A, Table 1.
- The MMV for the naming rights of an instructional unit, student services unit, or leadership positions will be calculated as a fixed percentage of the most recent expense total (“ET”) of the Unit. If the scale of unit operations is anticipated to change materially, then a proposed expense budget (“PEB”) will be used. See Appendix A, Table 2.
Gift Solicitation Guidelines:
Naming gifts require explicit coordination between KC personnel and the KC Foundation. Solicitation guidelines for naming gifts are outlined to support KC and KC Foundation staff when presented with a naming opportunity. See Appendix B.
Gift Approval Process:
The gift approval procedure, process, and requirements are documented in Appendix C.
Gift Public Recognition:
Public recognition of a naming gift is an essential component to honor a donor. College requirements for this recognition are documented in Appendix D.
Reservations of Rights:
- Without consideration to an existing NGA, the KC Board of Trustees reserves the right to adjust the use or functions of all College facilities to meet program needs.
- The KC Board of Trustees reserves all rights and is the sole final authority for the determination of whether or not a naming is suitable and/or agreeable.
Appendix A
Gifts MMV Charts:
Naming a building, wing, room, or lecture hall can be difficult depending on the size, age, prestige, location, original cost, etc. However, some general principles are:
- Older existing facilities (more than ten years old) funded with public money should be named only in exchange for gift commitments of a least 20% of the building's current value or replacement cost. Total costs include architectural, planning, and construction; fees; site clearance and landscaping; furnishing; and equipment.
- Newer existing facilities (less than ten years old) funded with public money should be named only in exchange for gift commitments of at least 25% of the building's current value or replacement cost. Total costs include architectural, planning, and construction; fees; site clearance and landscaping; furnishing; and equipment.
- Unscheduled or unplanned facilities that a donor wishes to have constructed will require a 100% gift commitment, plus an endowed maintenance fund. The amount of the endowment to support maintenance is calculated as corpus of the endowment times 4%. Example: A building needing $120,000 in annual maintenance expense would require an endowment of $3 million.
Table 1: Facilities Naming Buildings, Wings/Floors, Student Centers, Classrooms, Sports Complexes, or Auditoriums, Specialty Facilities (such as Laboratories, Maker Spaces, etc.), Other Asset subdivisions as appropriate. Note: The minimum amount to name any facility or program is $25,000. |
||||||||||||
Term of Agreement |
Minimum Monetary Value |
|||||||||||
20 years or more |
20-25% of cost basis |
|||||||||||
Less than 20 Years |
20% of cost basis |
|||||||||||
Less than 10 Years |
15% of cost basis |
|||||||||||
Less than 5 Years |
Unavailable |
|||||||||||
Table 2: Instructional Units, Programs, Departments, Positions, or Initiatives, Student Services Units |
||||||||||||
Term of Agreement |
Minimum Monetary Value |
|||||||||||
20 years or more |
20-25% of ET or PEB if materially higher x 20 |
|||||||||||
Less than 20 Years |
20% of ET or PEB if materially higher x Contract Term |
|||||||||||
Less than 15 years |
15% of ET or PEB if materially higher x Contract Term |
|||||||||||
Less than 10 Years |
10% of ET or PEB if materially higher x Contract Term |
|||||||||||
Less than 5 Years |
Unavailable |
Appendix A.1
Determining Current Value or Operational Expenses:
General principle for physical space or facility valuation:
- Physical space or facility formula (a): Square foot x $300 cost per foot of finished space x 50% at a minimum.
- The cost of construction should be reviewed annually to determine the market cost per finished square foot in formula (a).
- Endowment for maintenance and upkeep is determined by the KC administration and follows the general rule that 4% of the endowment should generate sufficient funds to maintain the facility.
- The minimum amount to name any facility is $25,000.
General principle for program valuation:
- For programs, departments, positions, the total cost of operating budget x 50% x number of years naming is desired.
- For an endowed instructor, leadership positions, or chair, the total cost of the salary, including benefits x 50% x number of naming years.
- The minimum amount to name any program/department/position is $25,000.
Appendix B
Solicitation Guidelines:
Solicitation coordination guidelines are outlined to support Kilgore College and the Kilgore College Foundation personnel when presented with a naming opportunity:
- All naming proposals will be held in confidence during the review and approval process.
- If the donor is an existing or anticipated KC vendor, then KC procurement services, and the KC/KCF attorney must be consulted.
- If a donor, either in response to a formal solicitation or of his or her own volition, indicates to KC staff or KC Foundation staff interest in making a naming gift, this information must be brought to the attention of the College president and the KC Foundation executive director. They will make a determination to pursue and, if pursued, activity coordination.
- The KC Foundation performs prospective donor due diligence in collaboration with KC personnel to include financial capacity, interest, and reputation. In addition, the potential donor needs to be vetted by KC procurement services department to assure that there is no conflict of interest concerns.
- The College president and the KC Foundation executive director develop a solicitation strategy that will be customized to each prospective donor.
- The KC Foundation development officer, in collaboration with the KC president, determines the exact nature of the gift intention and discusses the application of the gift policy with the donor to identify naming opportunities of interest.
- A solicitation team is formed and representatives from KC will be asked to participate in preparing various work products customized to the requirements for each naming.
- If the donor expresses a formal intention to move forward and if the donor’s candidacy appears feasible, then the naming moves into the approval phase.
Appendix C
Approval Process Guidelines:
Approval procedure for all named facilities and programs, departments, or positions should be reviewed and approved by the KC president and the KC Board of Trustees upon recommendation of the KC Foundation Board of Directors.
- All proposed names for buildings and other facilities should be held in confidence during the review and approval process subject to existing laws or court orders.
- The KC Foundation executive director and the KC president will propose the naming gift idea to the KC Foundation Board for review and discussion.
- The College president grants permission to pursue the NGA and, at the president’s discretion, briefs the KC Board of Trustees executive committee.
- The naming gift solicitation team prepares and negotiates the NGA with all appropriate parties.
- After approval from the College president and the donor or donor’s organization, for the NGA, the KC Foundation executive director, along with the KC president, presents the NGA to the KC Foundation Board of Directors for approval.
- After approval by the KC Foundation Board, the College president will present the NGA to the KC Board of Trustees for approval.
- If the donor is an organization or corporation rather than an individual, the donor organization or corporation may have an approval process that will be managed in parallel with KC’s process.
Appendix D
Public Recognition:
Upon approval by the KC Board of Trustees, a formal public announcement of the gift will be made, as approved by the donor.
The donor name is then registered in KC’s Institutional Advancement official register of named places maintained by the executive director of the KC Foundation.
The named gift is marketed as such in all publications and future announcements concerning this new designation consistent with the NGA.
For historical purposes, any named facility, space, or department will include a plaque or similar recognition that explains the donor’s significance to the College. The KC Foundation and KC marketing department must be consulted for consistency across the College.
Nepotism:
View/Print PDF version of Nepotism Policy & Procedures
Approved By and Date:
Board of Trustees: 9-9-2019
Executive Leadership Team: 8-26-2019
Policy:
Kilgore College strives to avoid conflicts of interest and appearances of favoritism that result from the appointment, reappointment, and/or supervision of an employee by a close relative. No College employee may approve, recommend, or otherwise take action with regard to the appointment, reappointment, promotion, salary, or supervision of a close relative as defined in the following procedures.
Close relatives of members of the Kilgore College Board of Trustees are not eligible for employment at the College, unless the exception outlined in the following procedures applies.
Employees are required to fully disclose the existence of any relationship that may create a conflict of interest at the time of employment, or that develops at any time during employment. Failure to make full disclosure may result in discipline, including termination.
Procedures:
Approved By and Date:
Executive Leadership Team: 8-26-2019
Definitions:
A close relative is defined as an employee’s spouse, son, daughter (including stepchild), son-in-law, daughter-in-law, parents (including stepparents), father-in-law and mother-in-law, brother, sister (including stepbrother and stepsister), brother-in-law, sister-in-law, aunt, uncle, niece, nephew, grandparent, grandchildren, great grandparents, great grandchildren, spouse's grandchildren, and spouse's grandparents.
Supervision is defined as the exercise of authority or responsibility with regard to appointment, reappointment, promotion, managing performance, work assignments, salary administration, termination or other terms, and conditions of employment.
Management Options:
If an applicant for employment is a close relative of another departmental employee, and the hire of the applicant would place him or her under the supervision of a close relative, the head of the hiring committee may omit the applicant from those being considered for the vacant position.
Alternative Supervision:
If an appointment, reappointment, or promotion of a person places him or her under the supervision of a close relative, all actions with regard to the terms and conditions of employment of the supervised employee, including the annual performance evaluation, shall be the responsibility of the next highest administrative supervisor.
If a person in a supervisory position marries a person who he/she supervises, the supervised spouse shall be transferred to another position for which he/she is qualified if such a position is available. If such a position is not available, the supervised spouse is deemed to have resigned his/her position as of the marriage date.
Board Member:
No close relative of any member of the Board of Trustees of Kilgore College shall be eligible for employment in any position with the College. This prohibition governs the hiring of an individual that is a close relative of any member of the Board of Trustees whether hired as an employee or as an independent contractor. An exception to this is made when the related employee has been continuously employed with the College for: thirty (30) days prior to the appointment of the related Board member; six months if the Board member is elected at an election other than a general election for state and county officers; or one year if the Board member is elected at the general election for state and county officers. However, if this exception applies, the Board member may not participate in any deliberation or voting related only to that individual.
Non-Renewal of Term Contract:
View/Print PDF version of Non-Renewal of Term Contract Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-2017
Executive Leadership Team, 11-16-2017
Policy:
Employees’ contracts may be non-renewed at the end of their contract terms for any reason or no reason. The College shall not be obligated to automatically renew any employee's contract. Nonrenewal shall not be based on an employee’s exercise of rights guaranteed by the Constitution, issues related to academic freedom, or be based unlawfully on an employee’s sex, race, color, religion, age, national origin, disability, veteran’s status, genetic information, or any other characteristic protected by institutional policy or local, state, or federal law.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-16-2017
The College will make best efforts to notify a full-time faculty member of its intent to non-renew his or her contract by July 31 of each year. However, the College’s failure to notify the employee by this date does not renew the employee’s contract, create a property right in continued employment at the College, or create a new employment contract, either express or implied. Notifications of any full-time non-faculty employee's nonrenewal may be sent at any time prior to the date the current contract expires.
Grievance of non-renewal:
The Board designates the director of human resources as the person to whom a full-time faculty member may present a grievance under Education Code 51.960 on an issue related to his or her nonrenewal. Such grievance must be filed in writing within 5 business days of the notice of nonrenewal.
Appeals of Non-renewal:
Appeals for non-renewal are generally not allowed. There are two exceptions to this rule: (a) if the employee alleges that the non-renewal constitutes a violation of a constitutional or statutory right, or (b) if the employee has continuously been employed as a full-time employee by the College for at least ten (10) full academic years.
If an appeal is allowed related to non-renewal, then a written appeal must be given to the President within 5 business days of the date of notice of non-renewal. The same hearing procedures set forth under the College's policies related to appeal for a Termination of Employment – Dismissal Policy apply. However, the employee bears the burden of proof to prove any violation of his or her rights.
Payroll:
Approved By and Date:
Board of Trustees, 2-10-2020
Executive Leadership Team, 8-29-2022
Policy:
Employees of Kilgore College will be paid according to the payroll schedule distributed annually by the Business Office/Payroll Department. All time and leave must be reported according to the deadlines in the payroll schedule. Time not submitted by required deadlines will result in deferral of payment until the next pay period.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-13-2020
Kilgore College employees are paid on a bi-monthly basis on the fifteenth and last day of each month. For the purpose of payroll distribution, the terms “fifteenth” and “end of month” refer to banking business days, not the last scheduled day of work for an individual. When these dates fall on Saturday, Sunday, or a federal holiday, payment will be made and paychecks and online direct deposit paycheck stubs will be available on the last working day prior to the regular payday. Payroll distribution dates which fall on College holidays may be modified. Any modification will be included in the payroll schedule distributed by the Business Office/Payroll Department.
Full-time Employees and Faculty:
Full-time employees will receive their paychecks/online direct deposit paycheck stubs on the fifteenth and end of the month. All regular nine-month employees will have their salaries paid in twenty-four equal payments, beginning September of each fiscal year. Full-time employees are paid on the fifteenth of the month for work performed the first through the fifteenth of that month and at the end of the month for work performed the sixteenth through the end of that month.
Should employment of a full-time employee be terminated for any reason, the pro rata part for the pay due, based on the fractional part of the school year expired, will be paid, less any legally required deductions.
Overtime will be paid in accordance with overtime procedures.
Part-time Employees:
Adjunct faculty will be paid according to a schedule published by the Business Office/Payroll Department. All other part-time employees will receive their paychecks/online direct deposit paycheck stubs on the fifteenth and end of the month. The payment on the fifteenth will cover hours worked in the previous month from the fifteenth through the end of the month. The payment at the end of the month will be for hours worked from the first through the fifteenth of the same month.
Should employment of a part-time employee be terminated for any reason, the employee will be paid for hours worked since the last pay period to the time of termination, less any legally required deductions.
Performance Review & Appraisal:
View/Print PDF version of Performance Review & Appraisal Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 9-14-2017
Policy:
The employee evaluation process is designed to ensure the continued quality of Kilgore College’s educational services by systematically collecting information pertinent to measuring an individual’s performance and potential. The process is intended to evaluate current performance, monitoring both strengths and weaknesses; to provide information necessary to the individual’s career development plan; to improve communication between supervisor and employee; and, most importantly, to enhance each individual’s performance, thus benefiting the College’s students, administration, faculty, staff, and community. The entire process is predicated upon a positive, constructive approach to performance appraisal.
Procedures:
Approved By and Date:
Executive Leadership Team, 7-23-2018
Performance Review & Appraisal (PR&A) should be viewed as a process, rather than an event. While certain activities may occur on an established schedule, the process of improvement and communication should continue throughout the year. All full time staff employees of the College are evaluated using the same performance evaluation tool and process. All full time faculty members are evaluated using the same performance tool and process. During the performance review conference, supervisors are provided with feedback from their direct reports which informs of any areas for growth related to leadership abilities. The president of the College is evaluated annually by the Board of Trustees. Adjunct faculty are evaluated through a separate format as stipulated below. Part time staff are evaluated according to formats and criteria established in the respective departments. Professional Development activities are expected of all full time employees annually. New employees are on a six month provisional period and will be given a PR&A at the end of the six month period.
Performance Review & Appraisal of Full Time Staff Employees:
- In preparation for the upcoming year, performance goals are established through a mutual decision process between the employee and the supervisor.
- Professional development activities planned are projected for the upcoming year.
- Through-out the year, the supervisor will provide feedback on performance.
- Mid-way through the year, a short conference will be conducted between the supervisor and the employee to get a status check on the employee’s goals and professional development activities.
- Prior to the actual performance review in the spring of each year, the supervisor will:
- Review the job description for any needed changes.
- For those direct reports who in turn supervise other employees, distribute the Supervisor Feedback form to applicable individuals.
- In the spring of each year the supervisor will conduct a performance review conference with the employee, reviewing the progress on goals and professional development activities completed, as well as the supervisor ratings on the performance factors. The conference is documented on the PR&A form, completed with signatures, and submitted to Human Resources (HR). Any supplemental materials are attached and submitted as needed including, but not limited to, performance improvement plans, progressive disciplinary documents, etc.
- In cases of disagreement with the appraisal, an employee has the right to submit additional comments to be included in his/her personnel file. Employees have up to five (5) working days after the conference to complete their comments and return to the supervisor if necessary.
- A copy of the PR&A form is made available to the employee and supervisor for their files.
Supervisor Feedback Process:
- Approximately two months in advance of the performance review conference, Supervisor Feedback forms will be distributed to the direct reports of each supervisor.
- In cases where fewer than three (3) employees report to the intended supervisor, additional individuals who work closely with the supervisor in other capacities may be added at the discretion of HR in order to preserve anonymity.
- The supervisor’s supervisor will compile comments and provide the results of the feedback process to the supervisor at the time of the performance review conference.
- A copy of the feedback compilation will be attached to the completed PR&A form when submitted to HR and individual feedback forms will be retained by HR.
Performance Review and Appraisal of Full Time Faculty:
- Full Time Faculty members are evaluated every two years through the use of in-class observation (or online observation utilizing Blackboard), and a number of factors, which include student evaluations, grade distribution, student retention (grades of W), instructor insights and documentation of professional development.
- The department chair or the assistant department chair, if applicable is responsible for ensuring the evaluation is carried out. The divisional dean can assist when needed.
- In the case of in-class observation, the full time faculty member will be notified prior to the event of an in-class observation. The department chair or the assistant department chair will sit in on a class period and monitor classroom activity.
- Department chairs or assistant department chairs are assigned monitoring rights for all Blackboard courses in their division.
- Instructor Insights and the Professional Development Report is filled out by the Faculty member and submitted as part of the evaluation process. The planned professional development is projected for the upcoming year.
- The conference is documented on the PR&A form, completed with signatures, and submitted to HR. Any supplemental materials are attached and submitted as needed including but not limited to in-class room visitation appraisal or Blackboard, student evaluations, grade distribution, performance improvement plans, and progressive disciplinary documents, etc.
- A copy of the PR&A form and other supporting documentation is made available to the employee and department chair/assistant department chair for their files.
Performance Review and Appraisal of Adjunct Faculty:
- Adjunct faculty members are evaluated during their first semester of hire and periodically thereafter through a process of in-class observation or Blackboard, and a number of factors, which include student evaluations, grade distribution, and student retention (grades of W).
- The department chairs or the assistant department chairs, if applicable, are responsible for ensuring the evaluation is carried out.
- In the case of in-class observation, the adjunct faculty member will be notified prior to the need for in-class observation. The department chair or assistant department chair will sit in on a class period and monitor classroom activity. The written observation will be discussed with the adjunct faculty member at a later time and signed by both parties.
- Department chairs or assistant department chairs are assigned monitoring rights for all Blackboard courses in the division. Adjunct faculty members’ courses are closely monitored over their first semester of hire. Department chairs or assistant department chairs maintain monitoring for all semesters beyond the first semester.
-
Adjunct faculty members’ classes are evaluated by students every semester. Department chairs or assistant department chairs examine course evaluations and discuss feedback with adjuncts.
- Positive feedback is noted and the evaluations are shared with the instructor.
- Negative feedback is discussed, the evaluations shared with the instructor, and plans for improvement are made and monitored in the next semester.
- Extremely negative student evaluations may result in the instructor not being hired to teach courses in future semesters.
- Adjunct faculty members are employed on a course by course basis and evaluation results from all methods above are used to inform the decision of department chairs or assistant department chairs to offer employment in future courses.
Professional Development Expectations:
- Each full time Kilgore College employee is required to participate in professional development activities in order to promote professional growth.
- Kilgore College employees plan and implement their own professional development plans. Completion of professional development plans will be a critical component for performance expectations.
- In developing a professional development plan, employees should assess their own professional development needs, and develop an effective plan to get those needs accomplished.
- Various forms of professional development may be available to employees and include on-campus activities, conferences/seminars/workshops, and webinars. Employees should consult with HR for requests involving sabbatical leave.
- The College will provide a positive environment for employee professional growth and development. Professional employees will be given opportunities and encouraged to continue studies in their areas of specialization.
- Non-teaching professionals may attend appropriately related workshops, seminars, courses, and activities as a means of satisfying professional development requirements.
- Instructors are expected to meet their professional growth responsibilities by completing one of the following every three years:
- Three hours of college coursework, or work beyond their present developmental level.
- Thirty hours of involvement in workshops, seminars, and professionally sponsored activities approved by the divisional dean. Coursework in pedagogy, community college curriculum, human resource-related topics, and technology education is strongly encouraged.
Pets on Campus:
View/Print PDF version of Pets on Campus Policy & Procedures
Approved By and Date:
Board of Trustees, 4-9-2018
Executive Leadership Team, 3-27-2018
Policy:
This policy allows for the presence of pets/service animals on campus in a way that provides for the restraint of these animals and also provides for the health and safety of Kilgore College students, faculty, staff, and visitors and for the protection of the College’s property/assets.
The College, in its sole discretion, may terminate a pet owner’s privilege to bring a pet on campus; for example if a pet is noisy, disruptive, aggressive, sick, or otherwise a nuisance. The Director of Human Resources will be responsible for determinations involving employees and the Vice President of Student Development for those involving students. The Director of Human Resources, in consultation with the Chief of Kilgore College Police Department (KCPD), will be responsible for determinations involving individuals not affiliated with the College.
Procedures:
Approved By and Date:
Executive Leadership Team, 3-27-2018
These procedures apply to all on-campus, College-controlled properties, including residence halls and all athletic facilities. Pets on campus can pose a significant risk to Kilgore College and its community. These procedures also standardizes the College’s position on the management of animals on Kilgore College property.
Definitions:
A. College-controlled property - Property that is owned, operated, and/or maintained by the College.
B. Service Animal - A guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Police K-9s are also considered a service animal as well as other animals that work for emergency personnel.
C. Pets at Large - An animal that is either unattended and/or unrestrained by its owner.
Health & Safety Concerns:
Pets can pose various health and safety concerns to the campus community, such as allergic reactions to animal dander, excessive noise, animal bites, and disease/parasite transmission (i.e., fleas, ticks, viruses, bacteria, etc.). Individuals with a disability that requires the use of a service animal are at particular risk. For example, a dog running at large poses a hazard to an individual using a service dog, should there be a confrontation between the two animals.
All pets must be tagged, registered, and vaccinated in accordance with appropriate state, county, and/or city regulations.
Inside/Outside Facility Guidelines:
It is prohibited to bring dogs, cats, or other pets inside any College-controlled buildings, including residence halls, except for the animals listed in the exemption section of this policy. While on College-controlled properties, pets (including service animals) must be maintained on a leash of six feet or shorter, on a restraining harness, or in a caged enclosure. With the exception of the animals listed in the exemption section, pets are not allowed in/on any athletic facilities (inside or outside). Pets will not be allowed (leashed or unleashed) at any special events or College functions (e.g., Homecoming, athletic venues, graduations, concerts, etc.) with the exception of any specific event that has been approved by the Chief of the Kilgore College Police Department (KCPD) or designee.
Pet owners are responsible for cleaning up any messes made by their pet. Anyone who brings a pet on College-controlled property assumes all financial responsibility for any damages to property or injury to individuals caused by the animal.
Pets may not be tethered to College buildings, structures, motor vehicles, trees, railings, light poles, benches, posts, or other structures.
Prohibited Animals (non-service):
Animals such as poisonous reptiles, constricting snakes (e.g., Boas, Pythons, and Anacondas) and other potentially dangerous or aggressive animals are prohibited from all College-controlled property (inside and outside) at all times, except those used in accepted academic purposes.
Additionally, pets at large and non-domesticated animals are prohibited.
Failure to Comply:
A. Prohibited Animals on College-controlled Property
Any prohibited animals on a College-controlled property must be removed immediately. If a prohibited animal is observed on a College-controlled property, administrative sanctions (for employees), campus citations and/or disciplinary actions (for students), or exclusion from the campus by criminal trespass (for members of the public) may be imposed for policy violations.
Kilgore College Police Department will enforce this policy.
B. Unattended or Unrestrained Animals
If an unrestrained/unattended animal is observed, a reasonable attempt will be made to locate the animal’s owner. If the owner is located, he/she may face administrative sanctions (for employees), campus citations and/or disciplinary actions (for students), or exclusion from the campus by criminal trespass (for members of the public). If attempts to find the animal’s owner are unsuccessful, the City of Kilgore Animal Control will be contacted; and they will remove the animal from College property.
Kilgore College Police Department will enforce this policy.
C. Property Damage
The College will seek restitution for any animal-related damage to College-controlled property, facilities, or grounds. The repair or replacement cost of damaged property is the sole responsibility of the owner of the animal that caused the damage.
Exempted Pets and Other Animals:
The animals listed below are permitted inside College-controlled property:
A. Service animals
B. Fish in containers of five gallons or less
C. On-duty police K-9s or rescue dogs
D. Visiting college mascots
E. College approved animals being used for academic purposes (e.g., demonstrations, speeches, etc.). Approval for this exemption begins with the Chief of KCPD or designee.
Although these animals are permitted within the buildings and facilities, said animals must remain under the control of the owner at all times. The care or supervision of an exempted animal is solely the responsibility of the owner. Kilgore College reserves the right to exclude an exempted animal whose behavior poses a threat to the health or safety of others. More information on service animal guidelines and expectations are available of the Kilgore College Disability Services webpage.
Policy Development and Review:
View/Print PDF version of Policy Development and Review Policy & Procedures
Approved By and Date:
Board of Trustees, 08-14-2017
Executive Leadership Team, 2-2-2017
Policy:
Kilgore College’s (KC) Board of Trustees has the ultimate responsibility for adopting policy as may be required in the judgement of the Trustees for the effective discharge of the Board of Trustees’ duties and the effective operation of the College. It is the policy of the Board of Trustees to comply with relevant state and federal laws, rules and regulations at all times. Any policy found to be in conflict with a state or federal law, rule or regulation will be null and void to the extent of conflict. The Board of Trustees will collectively formulate policy and leave policy administration to the President and the College staff.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-2-17
A policy is defined as a standard, statement, or plan of action of general applicability, originating with the Board of Trustees or recommended by College staff and adopted by the Board of Trustees pursuant to delegated authority. A procedure or rule (college or departmental level) is a statement of actions or operating practices adopted by College staff to address specific subject matters that are limited in scope to functional operations. A procedure or rule may supplement, but not conflict with policy. Policies shall be subject to regular and continuous review for relevance, clarity, currency, and appropriateness.
- The Board of Trustees may at any time create, adopt, or revise College policy pursuant to their delegated authority. Recommendations for policy adoption or revision will be referred to the Policy and Personnel Committee, and the full Board of Trustees for official action.
- In addition, any College group, staff or faculty member may submit recommendations for new or revised Board policy/procedure. Requests for new policy or for revisions to existing policy may be submitted to the appropriate vice president who will evaluate the request and, if warranted, take it forward for evaluation and approval. The requests will be provided in writing in the College approved template for Policy/Procedure or College Rule as applicable.
- The approval steps for college level Board policy/procedures, if arising from College personnel recommendations, include the Executive Leadership Team, the Policy and Personnel Committee, and the full Board of Trustees for official action. Revisions to just the procedures section will not warrant re-approval by the Policy and Personnel Committee or the full Board of Trustees.
- Once fully approved, the Board policy/procedures will be posted on the Human Resources (HR) webpage and a notification email will be sent out to all employees from the HR Office.
- Department level policy/procedures and College Rules will flow through the appropriate vice president and the Executive Leadership Team for approval.
- Once fully approved, College Rules will be posted on the HR webpage and a notification email will be sent out to all College employees. Departmental policy/procedures will reside within the department and be dispersed to other parties as necessary.
- Compliance with all stated policies, procedures and rules is mandatory.
Progressive Discipline:
View/Print PDF version of Progressive Discipline Policy & Procedures
Approved By and Date:
Board of Trustees, 6-19-2017
Executive Leadership Team, 5-15-2017
Policy:
Kilgore College maintains the right to enforce rules of conduct among its employees and expects each employee to perform his/her work and to conduct him/herself in a manner that brings credit to the College. Therefore, appropriate disciplinary action will be taken for misconduct. (Misconduct is defined as mismanagement of a position of employment by action or inaction, neglect that endangers the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure the orderly work and the safety of employees or violations of established policy, procedures, or rules.)
Procedures:
Approved By and Date:
Executive Leadership Team, 5-15-2017
Action by the College will begin with a restorative approach when warranted and may include a progressive series of disciplinary actions that include warnings, suspension, or termination. The College endeavors to use progressive discipline, but reserves the right, depending on the facts and circumstances of any particular case, to forego the progressive options and take necessary remedial or disciplinary action as warranted.
The nature or severity of the offense will determine the first option to be taken:
Option 1-Oral Warning.
For less severe misconduct or rule violations, the initial disciplinary action may be an oral warning by the employee’s supervisor. The responsible supervisor speaks to the employee to:
- Review expected job performance or conduct
- Explain specifically how the employee has not met College expectations
- Provide an opportunity for the employee to explain his/her actions; and together
- Establish a course of action that will correct the job performance or conduct under question
The discussion between the employee and supervisor will be serious and professional in manner to ensure that the employee clearly understands the established standards and expectations with regard to his/her misconduct. The supervisor will maintain a record of the date and content of the oral warning.
Option 2-Written Warning.
A written warning may be issued by the supervisor if the misconduct is more severe or frequent in nature or if an oral warning has already been issued and the employee misconduct has not been corrected. The written warning will outline the misconduct, state expectations, and indicate the consequences that will occur if there is no improvement in conduct. Written warnings will be forwarded to the Office of Human Resources for placement in the employee’s official personnel file.
Option 3-Performance Improvement Plan.
A Performance Improvement Plan (PIP) may be issued by the supervisor when misconduct has occurred and/or job performance is poor. A PIP may be issued when previous oral and/or written warnings and job coaching efforts have failed to result in improvements in performance. The PIP will outline the misconduct, state the corrective measures to be taken (NOTE: corrective actions may include training or retraining elements), the assessment interval and criteria to judge performance, and indicate the consequences that will occur if there is no improvement in conduct. The completed PIP will be forwarded to the Office of Human Resources for placement in the employee’s official personnel file. The supervisor will monitor the employee across the designated evaluation period of the PIP. Employment may be terminated at any time should the employee fail to make satisfactory progress on the performance indicators.
Option 4-Suspensions.
- Disciplinary suspension without pay may follow an oral warning, a written warning, or may be the first disciplinary action taken if warranted by the circumstances. Prior to suspending an employee, supervisors must obtain approval from the appropriate Vice President and the Human Resources Director and supply thorough supporting documentation if any. The duration of the suspension will depend upon the facts of each case. Circumstances that may be considered include, but are not limited to, type and severity of the misconduct, previous work performance of the employee, and prior disciplinary actions. The suspended employee will be notified of the suspension by letter. A copy of the letter will be forwarded to the appropriate Vice President and to the Office of Human Resources for placement in the employee’s official personnel file.
- Investigative Suspension - In cases of alleged employee misconduct, an employee may be placed on an investigative suspension. In such cases, the employee will be removed from the workplace while the Human Resources Director, in conjunction with the appropriate Vice President, investigates the matter. Investigative suspension is leave with pay. The Human Resources Director and appropriate Vice President must approve an investigative suspension. The employee under investigation will be notified by letter of the suspension with pay, the alleged misconduct, and the college’s intent to investigate.
Notice of Intent to Recommend Termination. When justified by the facts and circumstances, the appropriate Vice President and Human Resources Director will recommend termination of an employee to the President in cases where it has been established that an employee has either: 1) engaged in misconduct that reflects a conscious disregard or indifference for the rights or property of others, the policies and rules of the College or state or federal laws; or 2) demonstrated an inability or unwillingness to correct misconduct after previous oral or written warnings. The Human Resources Director will provide written notice to the employee that the President intends to recommend termination of employment to the Board of Trustees which will include reasonable notice of the proposed action and the grounds, set out in sufficient detail to fairly enable him or her to show any error that my exist. (See Termination of Employment: Dismissal Policy, for Employee Appeal Process)
Records Retention:
View/Print PDF version of Records Retention Policy & Procedures
Approved By and Date:
Board of Trustees, 12-17-2018
Executive Leadership Team, 11-12-2018
Policy:
The Kilgore College Board of Trustees recognizes the importance of implementing and complying with the Records Scheduling Requirement of the Local Government Records Act.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-12-2018
In order to implement and comply with the Records Scheduling Requirement of the Local Government Records Act, Kilgore College will:
- Appoint a Records Manager Officer (RMO) to oversee the Records Retention Policy (Form SLR504).
- Submit a Declaration of Compliance to the Texas State Library and Archives Commission (TSLAC) (Form SLR508).
- Formally adopt, through Kilgore College Board of Trustee action, Policy Model #4 of the Texas State Library and Archives Commission Model Ordinance.
Reduction in Force
View/Print PDF version of Reduction in Force Policy & Procedures
Approved By and Date:
Board of Trustees, 6-8-2020
Executive Leadership Team, 5-6-2020
Policy:
The Board will declare the necessity for a Reduction in Force (RIF) due to either a financial constraint demanding immediate attention (financial exigency) or a program change. All contracts will, unless excepted by the Board, contain a provision that a RIF may take place when the Board determines that a financial exigency or program change requires that the contract of one or more instructors, administrators, or other professional employees be terminated. Such a determination constitutes the necessary cause for dismissal. With respect to at-will employees, this determination is a legitimate non-discriminatory reason for dismissal.
Procedures:
Approved By and Date:
Executive Leadership Team, 5-6-2020
Definitions:
- “Reduction in force (RIF)” means the dismissal of an instructor, administrator, or any other employee before the end of a contract term (if the employee is a contractual employee) for reasons of financial exigency or program change. With respect to non-contractual employees and adjunct faculty, it means a dismissal for reasons of financial exigency or program change.
- “Financial exigency” means any decline in the Board’s financial resources brought about by decline in enrollment, cuts in funding, decline in tax revenues, closure of the College or other effects on the College due to or related to governmental orders or recommendations, or any other actions or events that create a need for the College to reduce financial expenditures for personnel.
- “Program change” means any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation because of a lack of student response to particular course offerings, legislative revisions to program funding, closure of the College or other effects on the College due to or related to governmental orders or recommendations, or a reorganization or consolidation of two or more divisions or departments.
Board Action:
The Board will declare the necessity for a RIF due to financial exigency or program change. The RIF may be implemented in one, several, or all employment areas. The Board will identify the employment areas to be affected by the RIF in the declaration.
Criteria Procedure for Decisions:
Upon declaration of a RIF by the Board, and identification by the Board of the employment areas affected, the College president will determine which particular employees will be dismissed. The College president will determine the timeline for implementing the RIF. The affected employees will be given as much notice as possible. The College president may, but is not required to, use the following criteria, which is non-exclusive, and not listed in order of importance.
- Certification: Minimum necessary degree, certificate, and/or certification/licensure for current assignment required by the Southern Association of Colleges and Schools Commission on Colleges, the Texas Higher Education Coordinating Board, and/or other regulatory or licensing bodies, and other minimum necessary qualifications for current assignment.
- Performance: Employee’s effectiveness and value as a team member as reflected by the most recent written evaluations and/or other relevant documentation. This criteria includes the employee’s effectiveness and collegiality both individually and as a member of a group, and his/her compliance with directives and policies.
- Program or departmental needs.
- Qualifications/Proficiency: Employee’s ability to be used in multiple areas and his/her flexibility of skill set to adjust to the College’s needs.
- Retaining employment of veterans pursuant to federal or state law, if applicable.
- Need: Relevancy, lack of demand, or the ability to absorb or combine positions.
- Any other relevant criteria as determined by the College president.
Contract Employees:
A contractual employee dismissed pursuant to this policy during the term of the contract will have the same appeal rights as set forth in the Termination of Employment: Dismissal Policy under the heading Term Contracts. A contractual employee who is dismissed pursuant to this policy at the end of the contract term will have the same appeal rights as set forth in the Non-Renewal of Term Contracts Policy.
Non-Contract Employees:
Any employee without a contract, including adjunct faculty, who is dismissed pursuant to this policy, will have the same appeal rights as set forth in the Termination of Employment: Dismissal Policy under the heading At-Will Employment: Dismissal.
Effective Date:
Filing for a review will not delay the effective date of a dismissal pursuant to this policy, or the effective date of the RIF.
Eligibility for Rehire Rights of Employees Subject to RIF:
An employee dismissed due to a RIF may apply for available positions for which he/she is qualified. The former employee is responsible for reviewing posted vacancies and making a new application. If rehired, the employee will be compensated at the current rate for the new position and will not be entitled to leave forfeited due to the RIF.
Effect on Compensation and Benefits:
All benefits end on the last day of the month during which the RIF occurs.
Resignation/Retirement:
View/Print PDF version of Resignation/Retirement Policy & Procedures
Approved By and Date:
Board of Trustees, 6-19-2017
Executive Leadership Team, 5-15-2017
Policy:
To facilitate an orderly and smooth transition, all Kilgore College employees will follow prescribed procedures during the resignation/retirement process.
Procedures:
Approved By and Date:
Executive Leadership Team, 5-15-2017
The following procedures will be followed in the event an employee elects to resign/retire from his/her employment with the college:
- Employees who resign employment must provide at least a fourteen (14) day written notice unless approved in writing by Kilgore College. Employees who are retiring, must provide a thirty (30) day written notice.
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Notice will be presented to the immediate supervisor, detailing intentions in the following areas:
- Effective date of resignation/retirement,
- Disposition of vacation time, if any,
- Disposition of earned income not previously paid, and
- Any other pertinent data useful to execute the employee’s request.
- The immediate supervisor will review the notice and transmit the information to the Director of Human Resources.
- Upon receipt by the Director of Human Resources, the notice will become official and may not be retracted. The Director of Human Resources will send a written response to the employee to indicate acceptance of the resignation/retirement and place the resignation/retirement documentation in the employee’s official personnel records.
- The Office of Human Resources will notify the payroll department of the resignation/retirement and provide relevant payroll information.
Employment separation clearance checklist will be completed by the employee’s supervisor and then forwarded to the Human Resource Director. This checklist will provide a means by which all college property is returned prior to the last day of employment and that access to College information technology resources is deactivated. The supervisor will be responsible for collecting all Kilgore College property.
Right to Express Breast Milk for Nursing:
View/Print PDF version of Right to Express Breast Milk for Nursing Policy & Procedures
Approved By and Date:
Board of Trustees: 08-12-2019
Executive Leadership Team: 07-10-2019
Policy:
Kilgore College supports the practice of expressing breast milk, and will make reasonable accommodations for the needs of employees who express breast milk. Kilgore College may not suspend, or terminate the employment of, or otherwise discriminate against, an employee because the employee has asserted her rights under this policy.
Procedures:
Approved By and Date:
Executive Leadership Team: 07-10-2019
A reasonable amount of break time will be provided each time the employee has need to express breast milk for one year after the child’s birth. The employee is responsible for coordinating an acceptable break time with her supervisor as far in advance as possible. Supervisors are encouraged to support flexible work schedules to accommodate such requests.
With respect to hourly employees who are non-exempt under the Fair Labor Standards Act, if the employee uses time other than a regularly scheduled compensated break time to express breast milk, then she is not required to be compensated for such breaks as long as she is completely relieved of work duties during such breaks. In situations where the College already provides compensated breaks, an employee who uses that break time to express milk will be compensated in the same way that other employees are compensated for break time.
Kilgore College shall provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. A list of designated places in both Kilgore and Longview is available from the Office of Human Resources. Access to the designated places on such lists shall be coordinated with the Office of Human Resources.back to top of page
Shared Governance:
View/Print PDF version of Shared Governance Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 9-01-2017
Policy:
The accomplishment of the goals of any educational institution depends on the successful interaction of the administration, the faculty, and the students. It is the faculty which carries out the College’s primary function, the education of the students; and it is the proximity to both administration and students which puts the faculty in an advantageous position to assess student and institutional needs. Therefore, it is prudent and necessary that the faculty play a role in the planning, policy-making, and decision-making processes of Kilgore College. Members of the faculty accomplish this by serving on various departmental or institutional committees and through participation in the work of the Faculty Senate.
All College committees will include faculty members, as practical. The College encourages and expects faculty to contribute as members and leaders of committees that deal with faculty issues.
Procedures:
Approved By and Date:
Executive Leadership Team, 9-01-2017
Shared governance is dependent upon broad and unending communication. When stakeholders communicate accurately and regularly with each other, when they understand what developments are occurring within the college community, and when they participate as true partners in decision-making processes, students succeed.
Faculty Senate:
The purposes of the Faculty Senate is to represent the interests of the faculty in their relations with the College administration and the Board of Trustees; to serve as a forum for the exchange of ideas and information; to provide opportunities for professional growth and development among the faculty; and to provide for active participation in the planning, policy-making, and decision-making processes of the institution.
Academic Policies and Curriculum Committee:
The Academic Policies and Curriculum Committee (APCC) is appointed by the vice president of instruction, and is comprised of a broad representative group of academic transfer and workforce faculty, the division deans, the director of contract training, the director of eLearning, the director of the library, and the vice president of instruction, who chairs the committee. Selected student development and business office personnel attend meetings in an ex officio/consultative role.
Although most of the initiatives for curriculum change come from faculty, the process of moving those ideas through the necessary channels to incorporate them into the curriculum requires the joint effort of faculty, administrators, and staff. The APCC has a key role in this process, as it is responsible for representing all faculty members, instructional leaders, and division deans by bringing their ideas to the committee and discussing ideas with the committee members to gain consensus. When a proposed curriculum change or academic policy or procedure is known to affect disciplines or programs other than the one(s) proposing the change, it is the responsibility of the APCC to consider how proposed changes might affect all instructional disciplines and programs.
The Academic Policies and Curriculum Committee will:
- meet as needed to study and respond to college issues affecting instruction.
- review academic policies and procedures and consider the need for additional ones, as needed.
- review all new academic and workforce course recommendations and revisions to existing courses and ensure that they meet requirements of the Texas Higher Education Coordinating Board, the Southern Association of Colleges and Schools Commission on Colleges, and Kilgore College.
- review and approve any new degrees or certificates.
- evaluate the curriculum and curriculum change process, as needed.
- review other curriculum/instructional issues as needed.
Standing Committees:
In addition to the Faculty Senate and the Academic Policies and Curriculum Committee, faculty serve on other standing committees such as the Calendar Committee, the Research and Institutional Effectiveness Committee, the Student Success Council, the Innovation Committee, and the Library Advisory Committee.
Social Media:
View/Print PDF version of Social Media Policy & Procedures
Approved By and Date:
Board of Trustees, 3-4-2019
Executive Leadership Team, 2-11-2019
Policy:
Kilgore College encourages the use of social media to connect with others, including students, alumni, employees, and fans. This policy defines the rules and procedures for the use of official Kilgore College social media sites as well as private accounts of Kilgore College Trustees, Administrators, Faculty and Staff. As used herein, the term, "social media" has the following definition:
A software system or service provided via the internet used to communicate and/or share information between people. Examples include, but are not limited to:
- Flickr
- YouTube
- WordPress
- GooglePlus.
All official Kilgore College social media sites must adhere to all applicable federal and state laws, regulations, and Kilgore College policies. Adherence to all applicable intellectual property and/or copyright laws is required. Only public information may be posted on Kilgore College sites; no sensitive personal or confidential information (as defined by FERPA, Texas Bus. & Commerce Code Ch. 521, HIPAA or other applicable laws) may be included.
Kilgore College respects the First Amendment but will not permit or tolerate any activity or post online that is defamatory, incites violence, is obscene (as defined by federal and/or state law), or that is inconsistent with or undermines the educational mission of Kilgore College or creates a disruption in the workplace. Private workplace issues that are not a matter of public concern are not protected by the First Amendment and should not be posted online. Kilgore College is a learning community and its mission to educate is to be carried out impartially and without regard to factors like race, gender, and the like. Any online content that results in harm to this mission or to the College's operations is a violation of this policy.
Violations of this policy may result in discipline, up to and including termination. Kilgore College may remove any content from its official social media sites that violates this policy.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-11-2019
Official Kilgore College Social Media Sites:
- Only authorized and official Kilgore College logos and/or branding may be used.
- Individual expressions or views are prohibited.
- Such sites may only be used or accessed at work for job-related purposes.
- Any pictures or information regarding students must comply with FERPA and any other applicable laws. All content is public; thus, all information (including responses to student questions) must not include sensitive, non-public information.
- Adherence to all Kilgore College policies related to computer use is required.
- Such sites must be registered and approved by the Kilgore College Marketing Department in advance.
- Additional information related to the creation and management of a College social media site is provided in the Kilgore College Marketing, Advertising and Recruitment Materials Policy and Procedures.
Personal Accounts:
- It is strongly recommended that Kilgore College employees not associate with students on social media, and that privacy settings be adjusted in order to prevent viewing/access by students.
- Kilgore College has a legitimate interest in making sure there is no disruption to its educational mission and its workplace. If an employee allows access to his/her social media account by students or the public, or otherwise makes posts online, and it creates a disruption to Kilgore College's educational mission or workplace, or interferes with the college's normal business operations, then it may result in disciplinary action, up to and including termination.
- Be aware of your association with Kilgore College when posting on social media. Your content should be consistent with the educational goals and mission of Kilgore College and should not undermine the effectiveness of the workplace or the inclusiveness of the College to all individuals.
- Personal social media sites or accounts should not be accessed during work hours.
- Be sure that all postings, comments, pictures, or other content do not appear to be affiliated with or express the views of Kilgore College, and are clearly your personal views and/or speech. Do not use Kilgore College branding or logos in your personal online posts without prior express written authorization. The only exception being that all employees are allowed to include on their personal social media any official Kilgore College message originally communicated via an official KC social media platform.
Student Admissions:
View/Print PDF version of Student Admissions Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-2017
Executive Leadership Team, 11-16-2017
Policy:
Kilgore College (KC) is an "open door" admission institution ensuring that all persons who can profit from post-secondary education will have an opportunity to enroll. Admission to the college does not imply admission to all programs as some programs have additional application and entrance requirements.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-16-2017
Prior to registering for and attending academic classes, individuals must be admitted to Kilgore College. In order to be admitted, an application for admission and all information (documents, transcripts, etc.) necessary for the college to render an admission decision must be on file in the Office of Admissions and Registrar. Information relating to, and details on the materials required for, admission are available in the College Catalog, published annually on the KC web page.
General Admission Categories:
KC offers the following general admission categories:
- Freshman/High School Equivalency: High school/home school graduates or Certificate of High School Equivalency (formerly called the GED) recipients with no previous college coursework (dual credit courses do not count as previous college coursework for admission purposes)
- Transfer: Students who have attended another institution of higher education after high school graduation
- Transient: Visiting students who are attending another institution of higher education and plan to attend KC for a single term or the summer with the intention of returning to their home institution
- Readmission: Former KC students seeking readmission
Freshmen:
Students who have a diploma from an accredited public or private high school; who have completed a nontraditional secondary education course of study in a non-accredited private school setting, including a home school; or who have successfully completed a Certificate of High School Equivalency (formerly called the GED) and who have attempted no college (other than dual credit coursework) must complete the following steps:
- Submit an application for admission as early as possible prior to registering for classes.
- Submit an official high school transcript with graduation date or proof of obtaining a Certificate of High School Equivalency. Home School transcripts must be signed by the home school teacher or administrator and notarized by a notary public. Students who have not yet graduated from high school should submit a current high school transcript and then follow up with the final transcript documenting graduation date when available.
- Students who took college courses for dual credit at a school other than Kilgore College must submit an official college transcript in addition to the high school/home school transcript.
Kilgore College will not recognize a student as a high school graduate who has obtained a diploma through a school or online program that requires only payment of a fee with little or no coursework requirements. Determination of the legitimacy of these diplomas will be at the discretion of the Office of Admissions and Registrar. Graduates of such programs will be considered for admission on an individual approval basis (see Individual Approval section below).
Transfer:
Students who are transferring from another college or university must meet the following requirements:
- Submit an Application for Admission as early as possible prior to registering for classes.
- Verify Texas Success Initiative (TSI) status and take the TSI Assessment if scores or proof of exemption is not provided.
- Submit to KC an official transcript directly from each college or university attended.
Note: Transfer students meeting the above requirements who are seeking a KC degree will be informed of the amount of credit which will transfer to Kilgore College as soon as possible and no later than the end of the first academic term in which they are enrolled. However, students seeking to transfer credit from non-regionally accredited institutions must submit a "petition for transfer credit" form. Students must also furnish supporting documents to substantiate that the course outcomes and faculty credentials are equivalent to those of KC courses, as described in the form.
Transient (Visiting) Students:
Transient students are those pursuing a degree elsewhere who attend Kilgore College for a long semester (fall or spring), December Mini, May Mini or summer terms and intend to return to their previous college or university. Students must be enrolled at their prior institution in the long semester (fall or spring) immediately preceding admission as a Kilgore College transient student. Traditionally, transient students enroll while home for the winter or summer breaks or for a single long semester.
Individuals who are seeking enrollment as a transient student must meet the following requirements:
- Submit an Application for Admission as early as possible prior to registering for classes.
- Verify Texas Success Initiative (TSI) status and take the TSI Assessment if scores or proof of exemption is not provided.
- Submit to KC an official transcript directly from the college or university currently attending. Transcripts from other colleges or universities attended may be required for verification of prerequisite completion, as applicable.
Note: Transient students are limited to one long semester (fall or spring), the December Mini, or May Mini and/or summer terms. Previous transient students are required to reapply if they return as a transient student for a future term. Should a transient student decide to continue at Kilgore College immediately following the transient term, the student must reapply as a transfer student and meet all transfer admission requirements.
Transient students cannot use financial aid awarded at their home institution at Kilgore College.
Readmission:
Readmission is available to formerly enrolled students who have not enrolled in KC for one or more long semesters (spring or fall term) and who wish to return. Students who have been away from KC for one long semester (spring or fall term) may submit a reactivation form available in the Office of Admissions and Registrar. Students who have been away from KC for more than one long semester must reapply for admission. Whether these students were required to leave (academic or disciplinary suspension) or chose to leave, they must meet the following requirements:
- Submit a new Application for Admission or Reactivation Form as applicable as early as possible prior to registering for classes.
- Submit an official transcript from every college or university attended since the last enrollment at KC, as applicable.
Request for Readmission under Texas Academic Fresh Start Provisions:
Section 51.931 of the Texas Education Code provides Texas residents with the "Right to an Academic Fresh Start." A student who is returning to Kilgore College after an absence of at least 10 years may seek a fresh start by requesting approval to use this option upon application for readmission. Under this provision, all Kilgore College coursework completed 10 or more years prior to readmission is eliminated from computation of the grade point average (GPA). None of the coursework can be used to meet degree or prerequisite requirements, though the coursework remains on the student's record. In addition, coursework cannot be used to satisfy Texas Success Initiative requirements. Further, no credit will be given for transfer coursework earned 10 or more years ago. A student readmitted under this policy is placed on academic probation.
The student must seek application of this provision when applying to return to KC. The provision must be used on or before the last day of the semester or term in which the student returns to school.
Financial aid and veterans benefits may be affected by this policy. Acceptability of this provision by other colleges is solely at the discretion of the receiving institution.
Transcripts for Admission Purposes:
Any reference to high school or college transcripts submitted for admission means that an official transcript is required. To be considered "official", transcripts must:
- Be issued within the last 6 months and bear the signature of the registrar and/or seal of the issuing institution or be submitted electronically to KC from the issuing institution.
- Be submitted directly from the issuing institution to KC (hand-carried transcripts may be considered if in an unopened, sealed college/high school letterhead envelope).
- Bear a graduation date. High school and home school transcripts without a graduation date are not considered official. A final transcript with graduation date must be provided after the graduation date.
Unofficial transcripts may be considered on an individual and temporary basis, but official transcripts must be received in the first two weeks of the student’s first semester of attendance. Lacking academic credentials will result in a hold on the student’s account preventing future registration and the release of official KC transcripts. All transcripts submitted become the property of KC and cannot be returned. Records of students who do not enroll may be destroyed after one year.
Special Admission Options
Dual Credit/Early Admissions:
Students who exhibit exceptional academic ability may apply for admission to KC and take college courses while completing high school according to the following procedures. All students who enroll in classes at KC prior to high school graduation are considered dual credit students.
- To be eligible for enrollment in dual credit courses, students normally have at least junior year high school standing at the time the course is taken and demonstrate appropriate college readiness for the courses that are taken. Exception: Younger students who demonstrate outstanding academic performance and show college readiness may be recommended by their high school and individually approved by the vice president of instruction.
- High school students are generally limited to no more than two courses per semester. Exception: Students who have met the required minimum scores in reading, writing, and math may enroll in three dual credit courses during the fall or spring semesters (students wishing to enroll in more than three courses require permission from the high school principal or designee and the KC vice president of instruction). In a standard summer term, a student may enroll in a maximum of two courses. Students may enroll in only one mini-term course at a time.
- Students taking dual credit courses for the first time after their junior year must meet the minimum ACT, SAT, STAAR End-of-Course (English III and Algebra II), or TSI Assessment scores in the sections(s) of the test relevant to the course(s) in which they wish to enroll.
- Students taking dual credit courses for the first time after their sophomore year (or those seeking approval to enroll prior to completion of the sophomore year) must meet the minimum PLAN, PSAT, ACT, SAT, STAAR End-of-Course (English II and Algebra I), or TSI Assessment scores in the sections(s) of the test relevant to the course(s) in which they wish to enroll. NOTE: PLAN and PSAT scores can only be used for enrollment during the junior year.
- Students taking workforce education/technical courses may enroll based on designated STAAR scores (must meet program and course prerequisites; additional testing may be required prior to enrollment in college after high school graduation).
- A dual credit student may neither enroll in a college level course in which he/she requires remediation nor take remedial classes at Kilgore College.
- A final high school transcript must be provided upon graduation, even if not attending KC after graduation.
- General academic courses offered through the dual credit program are courses that are commonly required for either an associate's or bachelor's degree. Acceptance of credit by another institution, however, is left to the discretion of the receiving institution. Public universities in Texas are not required to accept more than 66 hours of transfer coursework from a community college.
Individual Approval:
Students who do not meet the Freshman/High School Equivalency or Transfer admissions guidelines may be admitted conditionally on an individual approval basis at the discretion of the Office of Admissions and Registrar. This category includes students who have not graduated from high school or earned a Certificate of
High School Equivalency or whose high school credential is not recognized by the Office of Admissions and
Registrar. Students admitted as Individual Approval must provide evidence of successful completion of the Certificate of High School Equivalency or graduation from a recognized high school during the first semester of enrollment, or future enrollment will be blocked.
Federal regulations (34 CFR 668.32(e)) require that students admitted with this status must successfully complete one of the following requirements in order to be eligible for Title IV financial aid consideration:
- Take the Certificate of High School Equivalency test, with all sections passed, and furnish proof of the certificate to the Office of Admissions and Registrar
- Submit an official transcript from a bona fide high school as recognized by the Office of Admissions and Registrar
- Submit an official transcript from a bona fide home school as recognized by the Office of Admissions and Registrar
International Student Admission:
Non-immigrant alien students seeking F-1 Visa category are managed by the Office of Admissions and Registrar. Students must submit and meet the following criteria:
- Submit a completed Application for International Student Admission to the Office of Admissions and Registrar 60 days prior to the beginning of registration.
- Request official Test of English as a Foreign Language (TOEFL), International English Language Testing System (IELTS), or approved alternate exam results be sent to KC. Official scores must be sent directly from ETS to Kilgore College (DI Code: 6341). KC requires a minimum iBT score of 41 (computer-based, 132, or paper-based, 450).
- A financial statement proving that the applicant has sufficient resources for support during the entire period of study in the United States. (Amounts provided on the international student section of the Kilgore College website.)
- International transcripts should be evaluated, translated to English, and sent directly to
- Kilgore College's Office of Admissions and Registrar. Kilgore College requires evaluations and translations be conducted by a National Association of Credential Evaluation Services member. http://www.naces.org/
- If the student has attended a school(s) in the United States, official transcript(s) must be sent directly to the Office of Admissions and Registrar from the issuing institution.
- A medical record giving evidence of immunization against tetanus, diphtheria, poliomyelitis, mumps, measles, rubella, and bacterial meningitis.
- Kilgore College does not accept international students who are out of status in the Student and Exchange Visitor Information System (SEVIS).
- Note: The U.S. Immigration and Naturalization Service Form I-20 will not be issued until admission procedures are completed to the satisfaction of the Office of Admissions and Registrar.
- Note: KC provides English language courses to assist students in attaining the level of English proficiency needed to enroll in academic courses. International students are subject to the requirements of the Texas Success Initiative (TSIAssessment).
- Additional English proficiency testing may be required prior to registration. During the entire period of study at KC, each international student is required to purchase health and accident medical insurance.
Health Science Programs:
Health science programs have additional entrance requirements and recommend early application. Admission to the college in no way implies or guarantees entrance to the professional health science programs. Prior to making application to any professional health science program, the student should contact the health science advisor. Entrance procedures are designed to ensure fairness to each applicant. To ensure orderly and timely progress toward acceptance, progression, and completion of the desired health science program, the student is responsible for seeking advice, for knowing and meeting requirements of the health science program of interest, for enrolling in courses appropriate to that program, and for taking courses in the proper sequence.
Note: An applicant must show evidence of good physical and mental health. If accepted into a health science program, the student must submit a medical record and certification of immunizations for measles, mumps, and rubella (MMR), tetanus, and, in most cases, Hepatitis B. Updated immunizations are an integral part of health care and provide protection against these communicable diseases.
Student Complaint:
View/Print PDF version of Student Complaint Policy & Procedures
Approved By and Date:
Board of Trustees, 9-18-2017
Executive Leadership Team, 6-14-2021
Policy:
Kilgore College is committed to resolving student concerns or complaints in the most expeditious and informal manner possible. For situations that cannot be resolved in an informal manner, students have the right to submit a written complaint.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-24-2017
To ensure that the process for considering written complaints is well publicized, reasonable, and fairly administered, the vice president of student services’ office shall coordinate the student complaint process for the entire institution.
So that student complaints are addressed and responded to expeditiously, specific timeframes and deadlines have been established and incorporated into the processes listed below. A student’s failure to meet specified deadlines ceases the complaint review process and the most recent determination will be considered as final. The vice president of student service’s office shall monitor the deadlines listed and may extend the listed deadlines under exceptional situations. Examples of exceptional situations include: medical emergencies, holiday breaks when the college is closed, weather emergencies, etc.
Definitions
An academic complaint is any concern or dissatisfaction related to the instructional processes of the institution. Such complaints may be related to grading, instructional activities within the classroom, admissions decisions related to specific educational programs, etc.
A non-academic complaint is any concern or dissatisfaction with the institution that does not fall under the academic complaint definition. Such complaints may be related to customer service, student services, business services, food services, etc.
A valid student complaint is one that meets following criteria:
- The individual filing the complaint is an enrolled student of Kilgore College.
- The student has first taken the problem or question to the instructor, staff member or office in which they experienced dissatisfaction in an attempt to resolve the situation informally.
- The student completes a standard, online written complaint form. Partial, incomplete, or anonymously submitted Student Complaint Forms will not be accepted as valid.
Exclusions to the Complaint Process
The following issues are excluded from the complaint process and are handled by specific departments to ensure compliance with local, state and federal laws:
- Claims of discrimination, harassment or sexual misconduct. These should be addressed through the Student Grievance Procedures that are coordinated by the College’s Title IX Administrator.
- Financial Aid Appeals. An appropriate appeals process is available through the Office of Financial Aid and Scholarships.
- Residency Appeals. An appropriate appeals process is available through the Office of Admissions and Registrar.
Academic Complaint Procedures
Step 1. Students must first take problems or questions to the instructor with whom they are experiencing the concern, as most problems can be resolved in an informal manner. To ensure a reasonable and prompt response to a student concern, this should occur within one week after the occurrence of the event or situation giving rise to the complaint.
Step 2. If the student and the instructor are unable to find a solution to the problem, the student must make an appointment to visit with the appropriate department chair/program director within three working days of meeting with the instructor in an attempt to informally resolve the situation.
- Note: Students who do not address their concerns within the time limits stated above retain their rights to proceed through the complaint process. However, it must be noted that unreasonable delays will have an impact on the decision making process, as information, memories, and other pertinent details deteriorate over time.
Step 3. If the student and the department chair/program director are unable to resolve the situation informally, the student may file a formal written complaint by completing the online Student Complaint Form, provided on the Kilgore College website, within three working days of meeting with the department chair/program director.
The student will complete the online Student Complaint form, including the student’s electronic signature, and attach any appropriate written documentation to the form. Partial, incomplete, or anonymously submitted Student Complaint Forms will not be accepted.
- Note: At any point in steps 1 - 3, the appropriate instructional division dean may intervene in order to expedite the process for the benefit of the student.
Step 4. Upon receipt of a valid, written student complaint, the vice president of student service’s will log the complaint and forward it to the appropriate instructional division dean. The instructional division dean will investigate the situation and will then communicate the decision to the student via email to the student’s official Kilgore College email address.
If the instructional division dean determines it is in the best interest of the student to conceal the student’s identity from the instructor on whom the complaint is filed, the dean will write a redacted account of the complaint on a separate document and present it to the instructor. The instructor may write a follow-up document, which will become part of the written complaint record.
Step 5. If the student is not satisfied with the decision of the instructional division dean, the student will notify the vice president of instruction via email of his/her desire for a review of the process. This request must be submitted within three working days of receiving a formal response from the dean. The vice president of instruction will review the issue with regard to proper policy and procedure adherence.
Step 6. The vice president of instruction will communicate the decision via email to the student’s official Kilgore College email address. The decision of the vice president is final and concludes the academic complaint process.
Non-Academic Complaint Procedures
Step 1. Students must first take problems or questions to the staff member with whom they are experiencing the concern, as most problems can be resolved in an informal manner. To ensure a reasonable and prompt response to a student concern, this should occur within one week after the occurrence of the event or situation giving rise to the complaint.
Step 2. If the student and the staff member are unable to find a solution to the problem, the student must make an appointment to visit with the appropriate department supervisor within three working days of meeting with the initial staff member in an attempt to informally resolve the situation.
- Note: Students who do not address their concerns within the time limits stated above retain their rights to proceed through the complaint process. However, it must be noted that unreasonable delays will have an impact on the decision making process, as information, memories, and other pertinent details deteriorate over time.
If a student organization or another student is involved, the appointment should be made with the organization’s sponsor or other appropriate authority. The vice president of student service’s office will assist in identifying the appropriate authority to which complaints shall be directed.
- Note: At any point in steps 1 or 2, the vice president of student services may intervene in order to expedite the process for the benefit of the student.
Step 3. If the student and the department supervisor are unable to resolve the situation informally, the student may file a formal written complaint by completing an online Student Complaint Form within three working days of meeting with the department supervisor.
The student will complete the online Student Complaint form, including the student’s electronic signature, and attach any appropriate written documentation to the form. Partial, incomplete or anonymously submitted Student Complaint Forms will not be accepted
Step 4. Upon receipt of a valid, written student complaint, the vice president of student services will log the complaint and will either review the issue with regard to proper policy and procedure.
If the vice president of student services determines it is in the best interest of the student to conceal the student’s identity from the staff member on whom the complaint is filed, the vice president will write a redacted account of the complaint on a separate document and present it to the staff member. The staff member may write a follow-up document, which will become part of the written complaint record.
- Note: In the event that the vice president of student services is the subject of the complaint, the dispute will proceed to the vice president of instruction, following the procedures above.
Step 5. The vice president of student services will communicate the decision via email to the student’s official Kilgore College email address. The decision of the vice president is final and concludes the non-academic complaint process.
Accommodations for Distance and Off-Site Students
To ensure that distance and off-site learners have the same opportunity to have complaints addressed and responded to in an expeditious manner, the above described procedural steps may be completed via telephone or email conversations.
Record Keeping and Records Retention
Upon conclusion of each student complaint process, the complaint file, including all information and correspondence related to the review and resolution of issue, will be forwarded to the office of the VPSD for retention for a period of two years after final resolution of the complaint.
Visual Depiction of the Complaint Process
A flow chart depicting the above student complaint procedures follows:
Complaints Against the Institution
If the student is not satisfied after exhausting the College’s complaint process, the student may initiate a complaint with the Texas Higher Education Coordinating Board (THECB). To file a complaint with the THECB, one must complete the Student Complaint and Release Forms and the Authorization to Disclose Medical Record Information (required if a disability is alleged). These forms must be sent either by electronic mail to studentcomplaints@thecb.state.tx.us or by mail to: Texas Higher Education Coordinating Board, Office of General Counsel, PO Box 12788, Austin, Texas 78711-2788. Facsimile transmissions of the forms are not accepted. More information is available on the THECB’s website at: http://www.thecb.state.tx.us/studentcomplaints.
Individuals may also file a complaint with Kilgore College's regional accrediting agency, The Southern Association of Colleges and Schools Commission on Colleges. To file a complaint with SACSCOC, one must complete the Commission's Complaint Form (available at http://www.sacscoc.org/pdf/081705/complaint%20form.pdf) and send two print copies to: President, Southern Association of Colleges and Schools Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033-4097. In most cases, the SACSCOC complaint procedures require the student to exhaust all institutional complaint avenues before a complaint can be filed at the accrediting agency level.
Student Financial Aid Satisfactory Academic Progress:
View/Print PDF version of Student Financial Aid Satisfactory Academic Progress Policy & Procedures
Approved By and Date:
Board of Trustees, 8-13-2018
Executive Leadership Team, 7-25-2018
Policy:
Kilgore College monitors all financial aid recipients to ensure that students are maintaining a minimum standard of academic achievement as mandated by federal regulations. Academic standards vary between federal, state, and institutional financial aid funds, but all standards require a minimum number of hours be completed with a minimum grade point average. In order to continue to receive funding from Federal Student Aid programs (Pell Grants, other federal grants, and federal direct loans), students must meet the College’s satisfactory academic progress metrics.
Procedures:
Approved By and Date:
Executive Leadership Team, 7-25-2018
Kilgore College (KC) institutional scholarships, state grants, and other non-federal student aid programs have specific academic requirements for each individual program. It is the student’s responsibility to read and ask clarifying questions to understand the academic and hourly requirement criteria for each award shown in the student’s financial aid award package. All questions should be directed to the KC Office of Financial Aid.
Satisfactory Academic Progress (SAP) for Federal Student Aid Programs:
Kilgore College’s SAP for federal student aid programs consists of the three metrics listed below.
1. Grade Point Average Standards (GPA)
- Students must maintain a 2.0 financial aid cumulative grade point average. The KC financial aid cumulative GPA includes all college level course grades combined with any remedial or College Success (COLS) class grades. This does not apply to scholarships as scholarships carry specific GPA requirements.
- Grades of “A, B, C, D, F, and I” will count toward the financial aid cumulative GPA.
- Grades of “W and IP” will not count toward the financial aid cumulative GPA.
- Grades of “IP” are considered as passing grades by financial aid.
- Remedial course work will be included in the financial aid cumulative GPA.
- Academic work will be checked at the end of each semester (Fall, Spring, and Summer) and will include all flex and mini semester course work.
- Prior periods of enrollment will be evaluated for SAP prior to awarding aid.
- All grades are factored into a student’s GPA, whether financial aid paid for the classes or not.
- Students who do not maintain a 2.0 financial aid cumulative GPA will automatically be placed on financial aid warning for one semester. If at the end of the warning semester the student’s cumulative GPA is still below a 2.0, the student will automatically be placed on financial aid suspension and will no longer be eligible for federal financial aid.
2. Credit Hour Completion Standards
- Students must complete 67% of all hours of enrollment to maintain progress. This does not apply to scholarships as scholarships maintain a specific hourly requirement.
- The number of hours in which a student is enrolled on the official census day for each semester determines the number of completed enrollment hours needed to maintain progress.
- Completion rates will be checked at the end of each semester and will include all remedial, flex, and mini semester course work. This rate is based on all hours of enrollment at Kilgore College.
- Grades of “A, B, C, and D” are considered as completed grades, and will be included in the calculation of the number of hours completed.
- Grades of “W, F, I, and IP” are considered attempted hours and are not included in the calculation of the number of hours completed.
- Hours that are accepted and transferred into Kilgore College will be counted toward the student’s credit hour completion rate.
- All hours are factored into the completion rate whether financial aid paid for the classes or not.
- Students who do not complete 67% of all hours of enrollment to maintain progress will automatically be placed on financial aid warning. If the student does not complete 67% of all hours of enrollment during the warning semester, the student will automatically be placed on financial aid suspension and will no longer be eligible for federal financial aid.
3. Maximum Time Frame Completion (Pace):
Students enrolled at Kilgore College are expected to work toward a specific degree or certificate and to complete that goal within a certain timeframe. Federal regulations limit federal aid eligibility to 150% of the total hours necessary to earn a certificate or degree.
- All periods of enrollment are counted toward the 150% timeframe, whether or not financial aid paid for those hours.
- Students who enroll in courses not included in their declared major course of study or certificate program will not receive financial aid for those courses.
- Developmental hours will not count toward the 150% completion rate.
- Students who change their program of study may use up eligibility for federal aid prior to completion of their degree or certificate.
- A student’s attempted credit hours cannot exceed a maximum of 150% of the hours required to complete a declared major course of study or certificate program.
- As students get close to meeting the 150% requirement, they will receive a warning letter and be placed on warning during that semester. Once the student reaches the 150% requirement, they will automatically be placed on financial aid suspension and will no longer be eligible for federal financial aid.
Financial Aid Warning:
- Students who do not meet Satisfactory Academic Progress will be placed on financial aid warning. The student will be eligible to receive financial aid for the subsequent semester while on financial aid warning status.
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Students on financial aid warning may be subject, but not limited to, any of the following institutional requirements:
- Mandatory counseling sessions with the director of financial aid or designee
- Submission of tutoring logs showing time spent in The Zone or an instructional learning lab
- Limited hours of enrollment, based on student’s ability to be successful
- No access to online, self-registration
- Specialized academic plan, with emphasis on re-evaluated degree/certificate plan
- Signed contract with director of financial aid or designee
- Suggested limit of hours of employment
- Repeat of classes with failing academic grades
- Any additional requirements deemed necessary for academic completion and student success
Financial Aid Suspension:
- Students who do not meet Satisfactory Academic Progress while on financial aid warning status will be placed on financial aid suspension. While on suspension, a student is no longer eligible to receive federal financial aid.
- To reestablish financial aid eligibility, a student must enroll in sufficient hours to raise their cumulative GPA and course hour completion rate to the minimum standards of Satisfactory Academic Progress. This may be done with personal funds or other funding provided by the student. After completion, he/she must bring this to the attention of the Financial Aid Office in order to be re-evaluated for federal aid eligibility.
Financial Aid Suspension Appeals:
- Information, instructions, and necessary forms related to financial aid suspension appeals are available on the KC Financial Aid webpage (https://www.kilgore.edu/future-students/student-services/financial-aid).
-
Students wishing to appeal their suspension status must complete and submit the following documents:
- Financial Aid Suspension Appeal Form
- Official Degree Audit from the Kilgore College Counseling Center
- Typed statement of explanation for the reason of the appeal
- Unofficial Kilgore College Transcript from the KC Registrar’s Office
- Documentation of the events that prevented satisfactory academic progress during the semester in which the suspension occurred.
- Appeals will be considered by an Appeals Committee.
- Appeals that are granted will require an appointment with the Director of Financial Aid or designee to create a Suspension Appeal Contract, signed by both the Director and the student.
- Students whose appeals are granted will be considered to be on financial aid probation.
- The Suspension Appeal Contracts will be composed of institutional requirements similar to those described under the Financial Aid Warning section above.
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Students must strictly follow the terms of the Suspension Appeal Contract. If changes are requested, the Director of Financial Aid or designee must be consulted prior to the change, or the contract becomes invalid and the student returns to financial aid suspension. Examples of actions that will terminate the terms of the contract include:
- The student drops a class that is on the contract or enrolls in a class that is not a part of his/her degree plan.
- The instructor drops the student for non-attendance.
- The student does not attend the tutoring lab, per the terms of their Suspension Appeal Contract.
- The student withdraws from school.
If the student tests out of a class that is on the Suspension Appeal Contract, then the class is considered successfully completed and dropped from contract expectations.
Financial Aid Suspension Appeals Due to Excessive Hours:
- Students who exceed the 150% limit will be able to submit an excessive hour appeal.
- Those students will need to submit a degree audit, showing the minimum amount of hours needed to complete a specific program of study.
- Students will be required to sign an Excessive Hour Contract, which will limit the enrollment to program specific hours and the aid that will pay for those hours.
- Students must have any enrollment change to the Excessive Hour contract approved by the Director of Financial Aid or designee.
Financial Aid Suspension Appeal Limits:
- KC students are typically eligible for only one financial aid appeal.
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Exceptions to the appeal limit include:
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Students who have successfully completed a certificate or degree on an appeal and have subsequently been accepted into a competitive admissions program (e.g., nursing, physical therapist assistant, etc.).
- No additional appeals will be granted beyond this unless the student can demonstrate that a third appeal would significantly enhance his/her skill set and employability.
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Students who have successfully completed a certificate on an appeal and desire to return for a degree.
- An appeal renewal may be granted if the student returns within the same academic year.
- A new appeal must be filed if the student’s return is more than one year from completion of the certificate.
- No additional appeals will be granted beyond this unless the student can demonstrate that a third appeal would significantly enhance his/her skill set and employability.
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Students who have successfully completed a certificate or degree on an excessive hours appeal and have subsequently been accepted into a competitive admissions program (e.g., nursing, physical therapist assistant, etc.).
- No additional appeals will be granted beyond this unless the student can demonstrate that a third appeal would significantly enhance his/her skill set and employability.
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Students who have successfully completed a certificate or degree on an excessive hours appeal and are returning to retool/upgrade their skill set due to economic conditions.
- No additional appeals will be granted beyond this unless the student can demonstrate that a third appeal would significantly enhance his/her skill set and employability.
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Students who have successfully completed a certificate or degree on an appeal and have subsequently been accepted into a competitive admissions program (e.g., nursing, physical therapist assistant, etc.).
Financial aid Eligibility and Developmental Hour Limits:
- Students may receive federal aid for a maximum of 30 developmental hours attempted at Kilgore College. Once the 30-hour limit is reached, no further federal student aid will be paid for developmental courses.
- Example: If a student has exceeded the 30-hour limit and enrolls in 12 hours during the semester, 9 of which are regular credit hours needed for the degree and 3 hours are a developmental class, financial aid will pay the eligible amount for 9 hours, but not for the total of 12 hours.
Transfer Students:
- Students with no history at KC will be assumed to be making satisfactory academic progress at the time they transfer into Kilgore College, unless they are flagged by the Department of Education for Unusual Enrollment. If they are flagged with unusual enrollment, official transcripts from previous colleges will be required. If after review of the official transcripts the student is determined to have not met SAP (did not complete necessary hours or the overall GPA of all transcripts is below the minimum of a 2.0 cumulative), the student will be placed on suspension. If transcripts are not available for reasons beyond the student’s control (e.g., school closure), the student may apply for a suspension appeal as described above.
- Hours that transfer into the major course of study will be counted toward the 150% timeframe eligibility regulation and will be added to hours of enrollment at Kilgore College for ongoing SAP determinations.
- Transferring students need to be aware that the federal regulations concerning the Pell Lifetime Eligibility Used (LEU) limits and Loan Aggregate limits apply to any award package at KC.
- If the transfer college transcript(s) are not on file with the KC Office of Admissions and Registrar, the student will be considered as a first year student for loan purposes.
- Hours that are accepted and transferred into Kilgore College will be counted in the completion rate.
Miscellaneous Information:
- Financial aid funds will pay to repeat a class; however, once a specific class has been taken twice, it will no longer be eligible for financial aid funding per federal guidelines. Repeated classes count towards a student’s 150% limit.
- Federal student aid will pay the Excessive Developmental Charge (three-peat charges) for developmental courses as needed, but only up to the 30-hour developmental limit.
Scholarships and Satisfactory Academic Progress:
- Most scholarship and other forms of non-federal aid funds carry specific academic and enrollment requirements for renewed award to a student account.
- Students receiving institutional, departmental, or state funds should check with the Scholarship Coordinator with regard to Letters of Agreement, showing the terms of scholarship eligibility.
- Scholarship eligibility is evaluated at the end of each long semester (Fall, Spring, Summer).
- Students who have lost eligibility will receive a notification advising them of this status.
- Scholarships do not have a warning or probation status, as with federal aid funds. Students who do not achieve the academic or enrollment criteria for renewal will not be awarded those funds for the subsequent semester (even if the Letter of Agreement shows the scholarship is awarded for one academic year.)
- Certain scholarships, which are considered “performance based,” may carry different terms for renewal.
Student Nondiscrimination & Student Grievance:
View/Print PDF version of Student Nondiscrimination & Student Grievance Policy & Procedures
Approved By and Date:
Board of Trustees, 8-24-2020
Executive Leadership Team, 11-16-2017
Policy:
Kilgore College prohibits discrimination, including harassment, against any student on the basis of sex, race, color, religion, age, national origin, disability, veteran’s status, genetic information, gender identity, sexual orientation, or any other characteristic protected by institutional policy or local, state, or federal law. The institution is committed to promptly responding to and resolving concerns involving allegations of illegal discrimination, including illegal harassment, in violation of local, state and/or federal civil rights laws and/or regulations.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-12-2020
To ensure that the process for considering student grievances is well publicized, reasonable, and fairly administered, the Kilgore College Title IX Coordinator will coordinate the student grievance process for the entire institution. Victims of sexual harassment, sexual assault, dating or domestic violence, or stalking have the right to report the incident to the institution and to receive a prompt and equitable resolution of the report.
Definitions:
- Discrimination: Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived sex, race, color, religion, age, national origin, disability, veteran’s status, gender identity, sexual orientation, genetic information, or any other characteristic protected by institutional policy or local, state, or federal law that is so severe, persistent, or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the College’s educational program or activities.
- Discriminatory Harassment: Detrimental action based on an individual’s actual or perceived sex, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, gender identity, or other protected status that is so severe, persistent, or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the College’s educational program or activities.
- Retaliatory Harassment: Intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a civil rights grievance proceeding.
- Sexual Harassment of a Student by Another Student: Any unwelcome verbal or physical conduct on the basis of sex by a student toward another student that is so severe, persistent, or pervasive and objectively offensive that the conduct limits or denies a student’s ability to participate in or benefit from educational programs or activities; sexual assault as defined in the Clery Act regulations; as well as dating violence, domestic violence, and stalking as defined by the Violence Against Women Act.
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Sexual Harassment of a Student by an Employee: Unwelcome verbal or physical conduct or conduct on the basis of sex by an employee toward a student constitutes sexual harassment when:
- The employee causes the student to believe that submission to or participation in the unwelcome sexual conduct is made a condition of the student’s educational program or activity or that the employee will make an educational decision or benefit based on the student’s submission to the conduct;
- Conduct that is so severe, persistent, or pervasive and objectively offensive that it limits or denies a student’s ability to participate in or benefit from the College’s educational program or activities; or
- Sexual assault as that crime is defined in the Clery Act regulations; or
- Dating violence, domestic violence, and stalking as defined by the Violence Against Women Act. (In order to constitute sexual harassment under this policy, the alleged conduct must occur within the College's own educational program or activity and it must occur within the United States).
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Sexual assault: an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting program:
- Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.
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Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
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For the purposes of this definition:
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- Domestic violence: violence committed by a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction; or by any other person against the victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction where the conduct occurs.
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Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition:
- Course of conduct: two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
- Reasonable person: a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress: significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- A formal complaint is a document signed by a Complainant or the Title IX Coordinator that alleges sexual harassment against a Respondent that occurred within the College's educational program or activity within the United States and requests an initiation of an investigation. At the time of filing of a formal complaint, the Complainant must be participating in an educational program or activity of the College.
- Actual knowledge as used herein means that the Title IX Coordinator or an official with the College with the authority to take corrective measures has actual knowledge of a complaint of sexual harassment.
- Complainant: An individual alleged to be the victim of sexually harassing conduct.
- Respondent: Individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. The Respondent is presumed not responsible; the determination of responsibility is made at the conclusion of the grievance process.
- Days: As used herein, days means business days when the College is open.
- Confidential Employee: A “confidential employee” is a person who holds a professional license requiring confidentiality, such as a counselor or medical provider, who is supervised by such a person, or a person who is a nonprofessional counselor or advocate designated in administrative procedures as a confidential source.
- Educational Program or Activity: Includes locations and events over which the College exercises substantial control over both the Respondent and the context where the sexual harassment occurred whether on or off campus. It also includes any building owned or controlled by a student organization that is officially recognized by the College.
Medical Treatment and Preservation of Evidence:
Victims of sexual harassment, sexual assault, domestic violence, dating violence, or stalking are strongly encouraged to go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident
Grievances Concerning Discrimination and/or Harassment:
The college does not permit discrimination or harassment in its programs and activities on the basis of sex, race, color, religion, age, national origin, disability, veteran’s status, gender identity, sexual orientation, or genetic information or any other characteristic protected by institutional policy or local, state, or federal law. Students who believe they have been subjected to discrimination or harassment in violation of this policy should follow the procedures outlined herein to report those concerns.
How to File a Grievance:
Students or any other persons who wish to report a concern or file a grievance relating to Discrimination or Harassment (including Sexual Violence) may do so by reporting the concern to the Title IX Coordinator. The Title IX Coordinator designated by the College is:
Bindy Tice
Kilgore College
1100 Broadway Blvd.
Kilgore, TX 75662
(903) 988-7590
btice@kilgore.edu
In addition, the College provides an electronic reporting form on its website (https://www.kilgore.edu/about/institutional-information/title-ix). This link is displayed as “Title IX” on the Kilgore College Homepage (www.kilgore.edu) at the bottom of the screen under the Helpful Links section. Individuals filing an electronic report of discrimination and/or harassment may choose to remain anonymous.
Individuals with grievances of discrimination also always have the right to file a formal grievance with the United States Department Education:
Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Victims of a crime have the right to choose whether to report the crime to law enforcement, to be assisted by the institution in reporting the crime, or to decline to report the crime to law enforcement.
Employee Reporting Requirements:
All College employees must promptly report to the institution’s Title IX Coordinator:
- Observations witnessed or information received while in the course and scope of their employment;
- That the employee reasonably believes constitutes an incident of sexual harassment, sexual assault, dating violence, or stalking;
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Committed by or against
- A student who was enrolled at the institution at the time of the incident
- An employee employed by the institution at the time of the incident;
- Regardless of when or where the incident occurred.
An employee who fails to make a required report shall be subject to appropriate disciplinary action, including termination. Employees who hear about an incident at an awareness event; employees who themselves are victims of sexual harassment, sexual assault, dating violence, or stalking; and employees, such as counselors and health care providers, who are subject to legal confidentiality requirements are exempt from this requirement.
All employees (other than Confidential Employees) are designated as responsible employees for purposes of complying with Title IX.
Overview of the Grievance Process:
The College is only required to investigate a formal complaint, as defined herein. If the requirements of a formal complaint are not met, the complaint will be dismissed. If the College has actual knowledge of multiple Complainants regarding the conduct of the same person that constitutes sexual harassment under this policy, then the Title IX Coordinator must file a formal complaint. If there is no formal complaint, the College must still implement support measures designed to restore or preserve access to its educational programs or activities, protect the safety of the student, and/or deter sexual harassment when necessary, and must also give written notice to the Complainant stating that he/she can file a formal complaint at a later time. It is generally up to the alleged victim whether to file a formal complaint, and the College will respect those wishes in most circumstances.
If there is a formal complaint, then the College will initiate an initial assessment to determine whether the allegations, if proven, would violate this policy. If so, the College will initiate a reasonably prompt, thorough, and impartial investigation, or facilitate an informal resolution. This investigation is designed to provide a fair and reliable determination about whether the College’s nondiscrimination policy has been violated. If so, the College will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence, and address its effects.
Extension of Timelines:
Timelines established by this policy and associated procedures may be subject to a limited extension if good cause exists. The College shall promptly provide written notice to the parties of an extension and the reason for the extension.
Informal Resolution:
Informal resolution is optional and may be used at any point after a formal complaint is filed if the College determines that it is appropriate under the circumstances, and both parties voluntarily agree to same and consent in writing. A College representative will facilitate the process. This process is not available in instances where an employee is the Respondent and the Complainant is a student. Consent to informal resolution may be withdrawn at any time before formal resolution.
Filing a Grievance:
The Title IX Coordinator is designated to formally coordinate and oversee the student grievance process, address inquiries, and coordinate the College’s compliance efforts regarding student grievances.
Reports of prohibited conduct should be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College’s ability to investigate and address the prohibited conduct.
Confidentiality:
The identity of a victim, Complainant, person who participates in an investigation, or Respondent if, after the investigation is complete, the College determines that the Complaint is unsubstantiated or without merit, is confidential. However, the identities of the persons listed in the preceding sentence may be disclosed as necessary to carry out the Title IX investigation and may specifically be disclosed to: employees or contractors of the College on a need-to-know basis, law enforcement, healthcare providers, Respondent and potential witnesses.
Requested Contents of a Formal Complaint:
The Complainant should clearly and concisely describe the incident(s), when and where it occurred, and the desired remedy sought. The complaint should be signed by the Complainant or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the Complainant and signed electronically. Any supporting documentation and evidence should be referenced within the body of the formal complaint. The complaint should also specifically request initiation of the grievance procedure.
Consolidate Reports:
When the allegations underlying two or more reports arise out of the same facts or circumstances, the College may consolidate the reports.
Advisor:
Each party to the complaint may be assisted by an advisor of the party’s choice who may participate in the proceedings in a manner consistent with College procedures.
Conflict of Interest Prohibited:
No person designated as the Title IX Coordinator, an investigator, a decision-maker, or a facilitator of an informal resolution process shall have a conflict of interest or bias.
Training:
A person designated as the Title IX Coordinator, an investigator, a decision-maker, or a facilitator of an informal resolution process shall receive training as required by law and College procedures.
Interim Action and Resources:
If appropriate, and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the College may, at the College’s discretion, promptly take interim action calculated to address prohibited conduct prior to the completion of the investigation. Examples of possible interim actions include counseling, extensions of time or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, changes in work or housing locations, changes in classes or extra-curricular activities, leaves of absence, increased security and monitoring of certain areas of campus, and other similar accommodations. Additionally, a Complainant or Respondent will be permitted to drop a course in which both parties are enrolled without academic penalty.
To the greatest extent practicable based on the number of counselors employed, the College will ensure each Complainant, Respondent, and reporters of such incidents has access to counseling provided by a counselor who is not providing counseling to others involved in the incident.
Investigation Process and Protocols:
While an alleged victim may request that the institution not investigate the reported incident; the Title IX Coordinator will choose whether or not to honor the request not to investigate after considering:
- Seriousness of the allegation
- Existence of other reports
- Risk of harm to others
- Any other relevant factors
The Title IX Coordinator will inform the alleged victim of the decision. Should the Coordinator honor the alleged victim’s request not to investigate, the College will take the reasonable steps it determines are necessary, consistent with the law and institutional policy, to protect the health and safety of the community in relation to the alleged incident.
Should the investigation proceed, the Title IX Coordinator shall immediately provide notice to the parties (as described below). The Title IX Coordinator will make a good faith effort to conduct a fair and impartial review and/or resolve the grievance in a reasonably prompt and timely manner. All persons investigating such grievances will be impartial and free of any conflict of interest or bias in the outcome.
Notice to Parties:
The notice to the parties must describe the allegations and the formal and informal options for resolution of the complaint. The notice must state that the Respondent is presumed not responsible until a determination regarding responsibility is made. The notice must also include information regarding the option to select an advisor, the opportunity to inspect and review evidence, and the prohibition on knowingly making false statements or submitting false information during the investigation and any ensuing proceedings.
If the allegations are subsequently amended, the College shall provide an updated notice reflecting the new allegations.
College Investigation:
The investigation may be conducted by the Title IX Coordinator or designee, or by a third party designated by the College, such as an attorney.
The investigation may consist of personal interviews with the Complainant, the Respondent, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.
The parties shall be provided an equal opportunity to present witnesses and evidence and to inspect and review any directly related evidence obtained by the College so that the parties may meaningfully respond during the investigation process. The parties expected to participate in an investigative interview or other meeting shall be provided written notice in enough time to prepare to participate.
At least ten days prior to the completion of the investigation report, the College must send each party and the party’s advisor evidence subject to inspection and review. The parties may submit a written response for consideration by the investigator.
Criminal or Regulatory Investigation:
If a law enforcement or regulatory agency notifies the College that a criminal or regulatory investigation has been initiated, the College shall confer with the agency to determine if the College’s investigation would impede the criminal or regulatory investigation. The College shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory investigation. After the law enforcement or regulatory agency has completed gathering its evidence, the College shall promptly resume its investigation. Any delay under this provision shall constitute good cause for an extension of timelines established by this policy and associated procedures.
Emergency Removal:
The Respondent can be removed from campus prior to adjudication if the College determines an immediate threat to physical health or safety justifies it. If removed, Respondent shall be given an immediate opportunity to challenge same.
Concluding the Investigation:
The investigation shall be completed within a reasonable time, which generally should not exceed 60 Days from the date of the formal complaint. However, this timeframe can be extended if necessary to complete a thorough investigation.”
The investigator shall prepare a written report of the investigation. The investigation report shall be filed with the Title IX Coordinator within five (5) days following the completion of the investigation.
Unfounded Allegations:
If the results of an investigation indicate that no prohibited conduct occurred, the allegations shall be dismissed as unfounded. The College shall provide written notice of the dismissal and that shall be the official outcome, unless the decision is appealed.
Notification of the Investigation Report:
The Title IX Coordinator shall provide the investigation report, within the extent permitted by the Family Educational Rights and Privacy Act (FERPA) or other law, to the Complainant and the Respondent promptly following receipt. The parties shall be given ten days to respond to the report.
If the Respondent accepts the finding and any sanctions by signing a written waiver of a hearing, then no hearing shall be held, and no appeal shall be available. If the Respondent rejects the finding or sanctions, a hearing shall be held to determine responsibility.
College Action:
The Title IX Coordinator shall submit the investigation report and any response from the parties to the Title IX hearing panel promptly after receipt of the parties’ response but no earlier than the expiration of the parties’ deadline to respond.
The Title IX hearing panel shall summon the parties for a hearing to be held within a reasonable time that is at least ten days after the receipt of the investigation report.
After the hearing, the Title IX hearing panel shall determine whether each individual allegation of prohibited conduct occurred using a preponderance of the evidence standard and determine the appropriate disciplinary or corrective action. In making the determination, the Title IX hearing panel shall evaluate all relevant evidence objectively and shall not make credibility assessments based on a person’s status as the Complainant, the Respondent, or a witness. The Title IX hearing panel shall create a written determination regarding responsibility in accordance with law and College procedures within five (5) days following the hearing and submit the determination to the parties simultaneously.
Disciplinary or Corrective Action:
If the Title IX hearing panel determines that prohibited conduct occurred, the College shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.
Improper Conduct:
If the Title IX hearing panel determines that improper conduct occurred that did not rise to the level of prohibited conduct, the College may take disciplinary action in accordance with College policy and procedures or other corrective action reasonably calculated to address the conduct.
Dismissal of Complaint:
1. Mandatory Dismissal
An allegation presented as a formal complaint under Title IX is subject to the mandatory dismissal procedures under law.
2. Permissive Dismissal
Any complaint may be dismissed at any time on request of a Complainant. The Title IX Coordinator must first assess the request in accordance with this policy.
A complaint may also be dismissed if specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the complaint or allegations.
Notice of Dismissal:
Upon dismissal of a complaint, the Title IX Coordinator or the Title IX hearing panel shall provide the parties written notice of the dismissal.
Live Hearing Procedures:
The College will provide equal opportunity to both sides to present evidence and witnesses, and will provide equal access to any such evidence. Failure of Complainant to appear will result in dismissal of the complaint. Dismissal does not apply in instances where the Title IX Coordinator filed the formal complaint. Reasonable time limits shall be imposed by the College.
The decision-maker at the live hearing will be a panel of three (3) comprised of College employees from a standing committee. The panel will make relevance determinations during cross-examination. Cross-examination is allowed but must be conducted by a third-party advisor or representative; it may not be conducted by the Respondent or Complainant. If a party refuses to be cross-examined, the panel cannot infer guilt, but also cannot rely upon that party’s statements. As a general rule, no questions regarding the Complainant's sexual history will be allowed. A preponderance of the evidence burden of proof will apply, and the Respondent will be presumed innocent. Expert witnesses are allowed. The written investigation report will be provided to the hearing panel. The Title IX Coordinator and/or investigator may provide evidence, testimony or clarify any aspect of the written report to the panel at the live hearing. Upon request by either party, the parties will be put in separate rooms for the hearing with technology available to hear the other side.
The panel shall announce its decision in writing simultaneously to both sides and such determination shall explain the rationale for the decision and assign sanctions, if any. This decision shall be reduced to writing within five (5) days of the hearing and provided to both parties simultaneously.
Sanctions:
Possible sanctions for students include, but are not limited to:
- Warning: Notice, in writing, that continuation or repetition of Prohibited Conduct may be cause for additional disciplinary action.
- Censure: A written reprimand for violating the policy. This conduct status specifies a period of time during which the student’s good standing with the College may be in jeopardy. The student is officially warned that continuation or repetition of Prohibited Conduct may be cause for additional conduct action including probation, suspension, or expulsion from the College.
- Disciplinary Probation: Exclusion from participation in privileged activities for a specified period of time (privileged activities may include, but are not limited to, elected or appointed offices, student research, clubs/student organizations, intramural sports and recreation, study abroad, and some student employment). Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other College policy violations may result in further disciplinary action.
- Restitution: Repayment to the College or to an affected Party for damages (amount to be determined by the College) resulting from a violation of this policy. To enforce this sanction, the College reserves the right to withhold its transcripts and degrees or to deny a student participation in graduation ceremonies and privileged events.
- Suspension: Exclusion from College premises, attending classes, and other privileges or activities for a specified period of time, as set forth in the suspension notice. Conditions for readmission may be specified in the suspension notice.
- Expulsion: Permanent termination of student status and exclusion from College premises, privileges, and activities.
- Criminal Trespass Warning: If appropriate, students may be prohibited from entering any KC campus or property.
- Revocation of Admission and/or Degree/Certificate/Award: Admission to, or a degree/certificate/award issued by, the College may be revoked for violating this policy, or for other serious violations of any other College policy found to be committed by a student during an investigation under this policy. If a student is ineligible to reenroll for a reason other than an academic or financial reason, the College District will include a notation on the student’s transcript stating that the student is ineligible to reenroll for a reason other than an academic or financial reason.
- Withholding Degree/Certificate/Award: The College may withhold awarding a degree/certificate/award otherwise earned until the completion of the process set forth in this policy, including the completion of all sanctions imposed, if any.
- Other: Other sanctions may be imposed instead of, or in addition to, those specified here. Sanctions may include remedial measures. Service, education, or research projects may also be assigned.
- Multiple Sanctions: More than one of the sanctions listed above may be imposed for any single violation.
Possible sanctions for employees include, but are not limited to:
- Disciplinary: Any disciplinary action set forth in the College’s policies, up to and including termination.
- Trespass: Criminal trespass warnings as set forth above.
- Other: Any other sanction deemed warranted, whether stated herein or not.
- Multiple Sanctions: More than one of the sanctions listed above may be imposed for any single violation.
Appeals:
Either the Complainant or Respondent may appeal a determination of responsibility or dismissal of a formal complaint or individual allegations on the following bases, if those bases affected or could affect the outcome:
- a procedural irregularity that affects the outcome;
- new evidence not reasonably available at the time of the determination regarding responsibility or dismissal; and
- a conflict of interest or bias on the part of the Title IX Coordinator, investigator, or decision maker against a party.
Prohibition of Retaliation:
Retaliation for reporting in good faith prohibited conduct or cooperating with an investigation or disciplinary process related to this policy is prohibited. Retaliation includes adverse action taken against a person for making a good faith complaint or report of prohibited conduct or participating in any proceeding under this policy. Adverse action includes conduct that threatens, intimidates, harasses, coerces, or in any other way seeks to discourage a reasonable person from engaging in activity protected under this policy. Retaliation can be committed by or against any individual or group of individuals, not just a Respondent or Complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of prohibited conduct. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of prohibited conduct.
The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting prohibited conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.
Student Records and Privacy Rights:
View/Print PDF version of Student Records and Privacy Rights Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-18
Executive Leadership Team, 1-10-18
Policy:
The Family Educational Rights and Privacy Act (FERPA), a federal law, requires that Kilgore College, with certain exceptions, obtain a student's written consent prior to the disclosure of personally identifiable information from his/her education records.
Kilgore College may disclose appropriately designated "directory information" without written consent, unless the student has advised the College to the contrary in accordance with KC procedures.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-10-2018
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can be disclosed to outside organizations without a student's prior written consent. Outside organizations include but are not limited to higher education institutions attempting to recruit Kilgore College students for transfer and marketing companies. In addition, the Solomon Amendment requires Kilgore College to provide military recruiters, upon request, with the following directory information categories – name, addresses, telephone listings, age or date of birth, level of education, major, unless students have advised the College that they do not want their information disclosed without prior written consent. A student who does not want Kilgore College to disclose directory information from education records without his or her prior written consent must complete a FERPA Request to Opt Out of Directory Information form, available from the Registrar’s Office. This election remains in effect until such time that the student completes a FERPA Request for Revocation of Non-Disclosure of Directory Information form, also available from the Registrar’s Office. At least ten days should be allowed for processing a request.
Kilgore College has designated the following information as directory information:
- Name, address, telephone listings
- Date, place of birth
- Enrollment status, such as full-time/part-time
- Classification
- Major field of study
- Dates of attendance, awards received, degrees earned
- Most recent previous educational institution attended
- Weight and height of members of athletic teams
- Participation in officially recognized activities and sports
- Photographs and other electronic images including audio and video
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights are:
- The student’s right to inspect and review his/her education records within 45 days of the day Kilgore College receives a request for access. Students should submit to the director of admissions and registrar a written request that identifies the record(s) they wish to inspect. The director of admissions and registrar will make arrangements for access and notify the student of the time and place where the records may be inspected.
- The right to request the amendment of the student's education records that the student believes is inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. They should contact the director of admissions and registrar to identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the director of admissions and registrar decides not to amend the record as requested by the student, the director will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures with the director of admissions and registrar will be provided to the student when notified of the right to a hearing. Note: KC only has the ability to rectify inaccurate or misleading information that it has purview over. KC cannot rectify or change another institution’s official records or documents.
- The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. There are a number of exceptions to FERPA’s prohibition against non-consensual disclosure of personally identifiable information from education records. Under these exceptions, schools are permitted to disclose personally identifiable information from education records without consent, though they are not required to do so. Exceptions are as follows:
- To school officials that have a legitimate educational interest (definition of school official provided in annual notification published in the Kilgore College Catalog).
- To another school in which the student seeks or intends to enroll.
- When disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine the conditions for the aid and/or enforce the terms and conditions of the aid.
- To the parents of a dependent student as defined in Section 152 of the Internal Revenue Code.
- To appropriate parties, including parents of an eligible student, in connection with a health or safety emergency.
- To the parents of a student at a postsecondary institution regarding the student’s violation of any Federal, State or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance.
- Directory information that could include information such as student’s name, address, telephone listing, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended, grade level or year and enrollment status.
Under certain conditions:
- To authorized representatives of the Comptroller General of United States, the Attorney General of the United States, the U.S. Secretary of Education and State and local educational authorities for audit or evaluation of Federal or State supported educational programs or for the enforcement of or compliance with Federal legal requirements that relate to those programs
- To organizations conducting studies for or on behalf of the school making the disclosure for the purposes of administering predictive tests, administering student aid programs or improving instruction
- To comply with judicial order or a lawfully issued subpoena
- To the victim of an alleged perpetrator of a crime of violence or non-forcible sex offense concerning the final results of a disciplinary hearing with respect to the alleged crime
- To any third party the final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense if the student who is the alleged perpetrator is found to have violated the school’s rules or policies
The right to file a complaint with the U.S. Department of Education concerning alleged failures by Kilgore College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
Complaints, Concerns, or Suggestions:
Any student who has reason to believe that the College is not complying with the Act or this policy should inform the director of admissions and registrar in writing. The director of admissions and registrar will review all such allegations and respond back to the allegation within five working days of receipt.
Type, Location, and Custodian of Student Records:
Questions regarding individual student records should be directed to the appropriate location:
- Academic Records: Office of Admissions and Registrar, Devall Student Center
- Financial Aid: Office of Financial Aid, Devall Student Center
- Career Placement: Office of Counseling and Testing, Devall Student Center
- Academic Progress: Office of the Program/Academic Advisor
Faculty instructional leaders take their recommendations to the Academic Policies and Curriculum Committee for consideration and approval.
Student Rights, Responsibilities and Code of Conduct:
View/Print PDF version of Student Rights, Responsibilities and Code of Conduct Policy & Procedures
Approved By and Date:
Board of Trustees, 2-12-2018
Executive Leadership Team, 1-10-2018
Policy:
Kilgore College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when a student's behavior disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken. The purpose of this code is not to restrict student rights but to protect the rights of individuals in their academic pursuits.
Procedures:
Approved By and Date:
Executive Leadership Team, 1-10-2018
Student Rights and Responsibility Statement:
Students at Kilgore College are considered to be mature adults who enter classes voluntarily. By entering classes, students take upon themselves certain responsibilities and obligations that include an honest attempt at academic performance and social behavior consistent with the lawful purpose of the College. Students maintain all legal rights of citizenship while enrolled and are expected to remember that they are living in a democratic situation. The reputation of the College rests upon the shoulders of students as well as on the administration, staff, and faculty; and it is hoped that each student will maintain high standards of citizenship. The campus and College will not be a place of refuge or sanctuary for illegal or irresponsible behavior. Students, as all citizens, are subject to civil authority on and off the campus. Common courtesy and cooperation make the above suffice for a long list of rules and regulations.
Code of Student Conduct Statement:
Introduction and Philosophy:
Kilgore College is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life, and thoughtful study and discourse. The student conduct program within the office of the vice president of student development is committed to an educational and developmental process that balances the interests of individual students with the interests of the College community.
A community exists on the basis of shared values and principles. At Kilgore College, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Code of Student Conduct. These standards are embodied within a set of core values that include integrity, social justice, respect, community, and responsibility.
All members of the College community bear responsibility for their conduct and are required to assume reasonable responsibility for the behavior of others. When members of the community fail to exemplify these five values by engaging in violation of the rules below, campus conduct proceedings are used to assert and uphold the Code of Student Conduct.
The Code of Student Conduct, included herein, is also included in the KC Student Handbook, which is available on the College’s website. Hard copies are available upon request from the office of the vice president of student development. Students are responsible for having read and for abiding by the provisions of the Code of Student Conduct.
Purpose of the Code of Student Conduct:
Kilgore College’s primary concern is the student. The purpose of the Code of Student Conduct is to maintain the general welfare of the College community. Enrollment at Kilgore College is considered implicit acceptance of the rules, regulations and guidelines governing student behavior promulgated by the College and the student is responsible for this information. In addition, all students, regardless of place of residence, are expected to observe all federal, state and applicable local laws. Any student who violates any provision of those laws is subject to disciplinary action including expulsion, notwithstanding action taken by civil authorities on account of the violation.
The College reaffirms to each student the privileges of exercising rights of citizenship under the Constitution of the United States, including the right to appropriate due process in any disciplinary matter. The vice president of student development, acting on behalf of the president and the KC Board of Trustees, has authority to enforce all regulations approved and stated in College documents or otherwise except for matters pertaining to academic dishonesty. For matters of academic dishonesty, the vice president of instruction shall have jurisdiction.
The student conduct process at Kilgore College is not intended to punish students; rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision-maker. No student will be found in violation of College policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.
Students continue to be subject to city, state, and federal laws while at KC, and allegations, charges or violations of those laws may also constitute violations of the Code of Student Conduct. In such instances, KC may proceed with disciplinary action under the Code of Student Conduct independently of any criminal proceeding involving the same conduct and may impose sanctions for violation of the Code of Student Conduct even if such criminal proceeding is not yet resolved or is resolved in the student's favor.
The Code of Student Conduct is not a contract and serves only as a guide for the fulfillment of acceptable due process procedures. The student is responsible for obtaining all published materials and updates from the vice president of student development relating to this code. In addition, the procedures contained herein may be modified by the College at any time in order to effectuate justice.
In addition to the College, entities (such as departments, clubs and student organizations) have developed standards of conduct governing their constituents and some provide procedures for sanctioning violations of those standards.
Core Values and Behavioral Expectations:
The following five sub-sections (integrity, community, social justice, respect, and responsibility) are core values for positive engagement among members of the College community. Kilgore College considers the behavior described in the sub-sections as inappropriate for the College community and in opposition to the core values set forth in this document. These expectations and rules apply to all students. Kilgore College encourages community members to report to College officials all incidents that involve the following actions. Any student found to have committed or to have attempted to commit the following misconduct is subject to the sanctions outlined in the Conduct Procedures section herein.
Integrity: Kilgore College students exemplify honesty, honor and a respect for the truth in all of their dealings. Behavior that violates this value includes, but is not limited to:
- Academic Dishonesty. Acts of academic dishonesty as outlined in the Academic Dishonesty section below.
- Collusion. Action or inaction with another or others to violate the Code of Student Conduct.
- Election Tampering. Tampering with the election of any College-recognized student organization (minor election code violations are addressed by the student government association).
- Falsification. Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments.
- Stolen Property. Knowingly taking or maintaining possession of stolen property.
- Taking of Property. Intentional and unauthorized taking of College property or the personal property of another, including goods, services and other valuables.
- Trust. Violations of positions of trust within the community.
- Unauthorized Access. Unauthorized access to any College building (i.e. keys, cards, etc.) or unauthorized possession, duplication or use of means of access to any College building or failing to timely report a lost College identification card or key.
Community: Kilgore College students build and enhance their community. Behavior that violates this value includes, but is not limited to:
- Abusive Conduct. This includes, but is not limited to, unwelcome conduct by an individual(s) that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.
- Animals. Animals, with the exception of animals that provide assistance (e.g. seeing-eye dogs), and pets as outlined in the Residence Life Handbook, are not permitted on campus except as permitted by law.
- Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of College property or the personal property of another.
- Disruptive Behavior. Substantial disruption of College operations including obstruction of teaching, research, administration, other College activities, and/or other authorized non-College activities which occur on campus.
- Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to: (A) Intentionally or recklessly causing a fire which damages College or personal property or which causes injury; (B) Failure to evacuate a College-controlled building during a fire alarm; (C) Improper use of College fire safety equipment; (D) Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on College property. Such action may result in a local fine in addition to College sanctions; or (E) Interfering with, obstructing, or disrupting fire responses.
- Gambling. Gambling as prohibited by the laws of the State of Texas.
- Instructional Technology and Acceptable Use. Violating the College Acceptable Use and Computing Policy of the College.
- Rioting. Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property.
- Tobacco. Smoking or tobacco use in any area of campus where smoking or tobacco use is prohibited.
- Trademark. Unauthorized use (including misuse) of Kilgore College or organizational names and images.
- Unauthorized Entry. Misuse of access privileges to College premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a College building.
- Weapons. Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives with a blade of longer than 4 inches on College property. Please note that in compliance with Texas S.B.11, a person, including a student enrolled at the institution, who holds a license to carry a concealed handgun may carry a concealed handgun on Kilgore College campuses, except for a limited number of exclusion zones and certain necessary restrictions as outlined in the accompanying procedures. The open carrying of handguns is prohibited on campus.
- Wheeled Devices. Skateboards, roller blades, roller skates, bicycles and similar wheeled devices are not permitted inside College buildings, residence halls or on tennis courts. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities, and individuals may be liable for damage to College property caused by these activities.
Social Justice: Students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing College community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes, but is not limited to:
- Abuse of Conduct Process. Abuse or interference with, or failure to comply in, College processes including conduct and academic integrity hearings including, but not limited to: (A) Falsification, distortion, or misrepresentation of information; (B) Failure to provide, destroying or concealing information during an investigation of an alleged policy violation; (C) Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system; (D) Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding; (E) Failure to comply with the sanction(s) imposed by the campus conduct system; (F) Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
- Bystanding. (A) Complicity with or failure of any student to appropriately address known or obvious violations of the Code of Student Conduct or law; (B) Complicity with or failure of any organized group to appropriately address known or obvious violations of the Code of Student Conduct or law by its members.
- Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the College’s educational program or activities.
- Harassment. Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community. (A) Hostile Environment. Sanctions can and will be imposed for the creation of a hostile environment only when unwelcome harassment is sufficiently severe, pervasive (or persistent), and objectively offensive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from the College’s educational or employment program or activities.
Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a civil rights grievance proceeding or other protected activity under this Code.
Respect: Kilgore College students show positive regard for each other and for the community. Behavior that violates this value includes, but is not limited to:
- Assault. This includes, but is not limited to, assaulting or physically abusing another person or being involved in brawling.
- Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
- Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent, failing to discourage, and/or failing to report those acts may also violate this policy.
- Harm to Persons. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.
- Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another.
- Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
- Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation (See College Nondiscrimination and Grievance Policy for further information).
- Stalking. Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
- Threatening Behaviors: (A) Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property. (B) Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
Responsibility: Kilgore College students are given and accept a high level of responsibility to self, to others and to the community. Behavior that violates this value includes, but is not limited to:
- Alcohol. Use, possession, or distribution of alcoholic beverages and being under the influence of alcohol on campus or at College sponsored events.
- Arrest. Failure of any student to accurately report an off-campus arrest by any law enforcement agency for any crime (including non-custodial or field arrests) to the office of the vice president of student development within seventy-two (72) hours of release.
- Drugs. Use, possession or distribution of illegal drugs and other controlled substances or drug paraphernalia or being under the influence of illegal drugs or other controlled substances on campus or at College sponsored events.
- Failure to Comply. Failure to comply with the reasonable directives of College officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
- Financial Responsibilities. Failure to promptly meet financial responsibilities to the institution, including, but not limited to knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.
- Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
- Other Policies. Violating other published College policies or rules, including all Residence Hall/Dining policies.
- Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.
- Violations of Law. Evidence of violation of local, state or federal laws, when substantiated through the College’s conduct process.
Code of Student Conduct Jurisdiction:
The Code of Student Conduct and the student conduct process apply to the conduct of individual students and all College-affiliated student organizations. For the purposes of student conduct, the College considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the College.
The College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll, obtain official transcripts, and/or graduate until all sanctions are satisfied. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the College may invoke these procedures and should the former student be found responsible, the College may revoke that student’s degree.
The Code of Student Conduct applies to behaviors that take place on the campus, at College-sponsored events and may also apply off-campus when the vice president of student development or designee determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include:
- An allegation, arrest, charge or conviction of a criminal offense as defined by Texas law, including repeat violations of any local, state or federal law; and/or
- Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of him/herself or others; and/or
- Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
- Any situation that is detrimental to the educational mission and/or interests of the College.
The Code of Student Conduct may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. Kilgore College does not regularly search for this information but may take action if and when such information is brought to the attention of College officials. However, most online speech by students not involving College networks or technology will be protected as free expression and not subject to this Code, with two notable exceptions:
- A true threat, defined as “a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals”;
- Speech posted online about the College or its community members that causes a significant on-campus disruption.
The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of Kilgore College may seek resolution of violations of the Code of Student Conduct committed against them by members of the College community.
There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for Kilgore College officials to obtain information and witness statements and to make determinations regarding alleged violations.
Though the submission of an anonymous concern is permitted, doing so may limit Kilgore College’s ability to investigate and respond to an issue. Those who are aware of misconduct are encouraged to report it as quickly as possible to the office of the vice president of student development and/or to Campus Police.
Kilgore College email is the College’s primary means of communication with students. Students are responsible for all communication delivered to their College email address.
Proceedings initiated under this policy are separate from civil or criminal proceedings that may relate to the same incident.
The exercise of jurisdiction does not depend on whether a student is actually charged through the criminal justice system. Investigations or conduct proceedings by the College are not postponed while criminal or civil proceedings are pending unless otherwise determined by the conduct officer. Dismissal of criminal charges or acquittal in a criminal case does not prevent the College from investigating and adjudicating an incident.
The unexcused failure of a student to appear and/or respond to the conduct process does not prevent the College from proceeding with the conduct process.
Misconduct Sanctions:
Sanctions imposed for misconduct will be based upon a consideration of all of the circumstances in a particular case. Mitigating and aggravating circumstances will be considered. Repeated violations are likely to result in progressively severe sanctions. One or more of the sanctions below may be imposed. In all cases, the conduct officer and conduct body reserve the right to use their discretion in determining the appropriate sanction for a case. All decisions regarding responsibility and appropriate sanctions will be given to a student in writing.
- Educational Sanctions. The student may be required to perform a specific number of hours of community service, complete a reflection or research paper, attend a class, program or lecture, or be involved with the community in a way that brings about a new understanding of the community and how his/her behavior may have impacted others. This is not an exhaustive list but should serve as a reference for the types of educational sanctions that may be imposed.
- Admonition. This consists of a verbal warning that the behavior was inappropriate. Verbal admonitions will not become a part of the student’s confidential record in the office of the vice president of student development.
- Warning/Written Reprimand. A warning/written reprimand is a written statement from a College official that the behavior was inappropriate and that more serious conduct action will be taken should subsequent infractions occur.
- Residence Hall Reassignment. A student who resides in a residence hall is assigned to a different residence hall on campus.
- Residence Hall Termination. A student’s residence hall agreement is terminated through the conduct process and the student is prohibited from residing in any College residence hall on either a permanent or temporary basis. Specific exclusion from the residence halls and adjacent parking lots and property may also be imposed. Termination may occur in cases where a student appears to be involved in violations of the Code of Student Conduct and the behavior or pattern of behavior has a significant negative impact on his/her living community.
- Citation. Citations for student misconduct are categorized as Police citations or Student Life citations. Citations issued by Kilgore College Police may carry a College and/or municipal fine. Citations issued by other College staff will carry a College fine only. Please see Appendix B of this document for a list of fines associated with Student Life citations.
- Probation. A student is placed on probation. Probation lasts for a specific period of time, and is implemented by semesters. Any violation of the Code of Student Conduct or the conditions of probation committed during the probationary period will result in further disciplinary action.
- Suspension. The student is required to leave the College for a specific period of time. The student is required to apply for readmission to the College after his/her suspension period. Suspension from the College includes an exclusion from College property during the period of suspension. A suspension decision results in the student being suspended from all campuses of the College.
- Withdrawal. Withdrawal is administrative removal of a student from a class or from the College and may be imposed in instances of unmet financial obligations to the College; for reasons of health; or pending the outcome of competent medical evaluation. The withdrawn student may also be barred from re-enrollment until such a time specific conditions have been met.
- Expulsion. The student is required to permanently leave the College. An expulsion keeps the incident on file in the office of the vice president of student development permanently. Expulsion from the College includes an automatic exclusion from College property. An expulsion decision results in the student being expelled from all campuses of the College.
- Exclusion. The student is denied access to all or a portion of College property. When a student is excluded from College property, that student may be permitted onto College property for limited periods and specific activities with the permission of the vice president of student development or his/her designee. Should the student enter College property without permission, action may be taken by the police for criminal trespass.
- Restriction or Denial of College Services. The student is restricted from using or is denied specified College services, including participation in College activities.
- Recommendation for Revocation of Degree. The revocation of degrees may occur for discovered misconduct of prior students. Allegations of misconduct which may result in a revocation of a degree will be considered by the appropriate academic process.
- Additional Sanctions. Additional sanctions include, but are not limited to, requiring the student to compensate a victim for theft, damage, counseling or other expenses incurred as a result of the incident.
Student Disciplinary Procedures:
Advisors. A student being investigated, a charged student, and an alleged victim of an alleged policy violation may be accompanied by an advisor during the conduct process. Witnesses to the incident may not be advisors. Advisors are not permitted to speak for or on behalf of the student during any phase of the conduct process, including hearings. However, with permission from the conduct officer, advisors may make a statement and/or ask questions of the charged student to present relevant information after the conduct officer has completed discussions with the student under investigation, charged student or alleged victim. If a student chooses to bring an advisor to the meeting, it is the student’s obligation to select an advisor whose schedule allows attendance within the time frame designated in the Student Conduct Notice. Conduct officials are not obligated to reschedule the administrative review to accommodate attorneys acting as advisors to students.
Authority for Initiation of Disciplinary Action:
Under direction of the president, the vice president of student development and his/her designee, or other such staff members of certain committees to whom this responsibility has been delegated have the authority to administer disciplinary procedures. Therefore, disciplinary action will in general, originate in the office of the vice president of student development, except for those cases which by their nature, or by state statute, require initial action by another College department, such as:
A. Matters of Academic Dishonesty. Academic dishonesty matters may first be considered by the faculty member who may recommend penalties such as withdrawal from the course, failing the course, reduction or changing of a grade in the course, a test, assignment, or in other academic work; denial of a degree and/or performing additional academic work not required by other students in the course. Acceptance of the faculty member’s recommended penalties by the student shall make the penalties final and constitutes a waiver of further administrative procedures. If the student does not accept the decision of the faculty member, he/she may shall utilize the Student Complaint Policy to appeal. If the student is ultimately found not to have been involved in academic dishonesty, the instructor shall not base his/her evaluation of the student on the alleged but unproven dishonesty. If the student is ultimately found to have violated matters of academic dishonesty, the appropriate disciplinary sanction shall be implemented. Any student who believes that a grade has been inequitably awarded should refer to the Student Complaint procedures. Examples of academic dishonesty include, but are not limited to, cheating, plagiarism, inappropriately obtaining/sharing test content, etc. This applies to all students, including those enrolled in distance education or at off-campus instructional sites.
B. Housing Matters. Students who reside within the residence hall system are under a contractual obligation to abide by the rules and regulations of the Residence Life Department, as well as being bound by the College catalog and all other College rules and regulations governing the conduct of students. Students wishing to appeal disciplinary actions arising from violations of housing rules shall utilize the Student Complaint process.
C. Financial Matters. In matters involving a violation of a financial obligation to the College, including the issuance of a check without sufficient funds, the business office will initiate action and may assign penalties such as late fees, service charges, fines, loss of money-related privileges, blocks from re-enrollment, etc. If the student believes the penalties have been applied prejudicially or in an arbitrary or capricious manner, or where penalties are the result of an alleged error on the part of the College, he/she may utilize the Student Complaint Policy to appeal. Upon failure of the student to meet financial obligations within time limits set by the State statutes, the appropriate department administration may recommend the student’s withdrawal from the College. Financial withdrawal is not a disciplinary measure but may require nullification of the institutional/student relationship. In the event of unpaid financial obligations, the withdrawal will be processed by the registrar's office after the College has complied with State statutory requirements for notification. After the debt is paid and all administrative procedures have been complied with, the student may request, within a set time period, his/her reinstatement or re-enrollment. If the request is denied, the student may appeal the decision to the vice president of student development.
D. Health Matters. Students whose physical or mental health problems may affect the health, safety and/or welfare of the College community or who represent a danger to themselves or others, or whose continuing presence disrupts the academic or administrative process, or who fail to follow the directives given by the medical or psychological authority regarding these problems may be medically withdrawn from the College. Action may be initiated by the vice president of student development upon the recommendation of medical community members after attempts to achieve the student’s cooperation have failed. If the student does not accept the decision of the vice president of student development, he/she may file a written Student Complaint. After the mental or physical health problem has been resolved and the directives of a medical doctor or other medical/psychological authority have been complied with, the student may apply for re-admission to the College.
Interim or Emergency Disciplinary Action:
Pending a hearing, the president of the College or the vice president of student development may take such immediate interim disciplinary action as is deemed necessary against a student or a group of students when in his/her opinion, such action is necessary to protect the health, safety, life or property of members of the academic community or to prevent the disruption of the educational process. In cases where contact with the student can be reasonably obtained, the vice president of student development shall contact the student, provide information regarding the nature of the charges and provide the student with an opportunity to respond.
Office of the Vice President of Student Development Disciplinary Procedures:
The following disciplinary procedures will be used in all cases referred to the office of the vice president of student development, except those infractions in housing, which will be administered by the housing coordinator.
- When a report alleging misconduct is received in the office of the vice president of student development, the student may be summoned. Failure to report after two notices may result in suspension from the College.
- After a preliminary investigation of alleged misconduct, the charges against the student will be read to him/her and the procedures will be explained. The student will be given copies of the Code of Student Conduct Disciplinary Procedures and the charges; he/she will also be informed of the names of any witnesses and given a summary of their testimony. The student will be given an opportunity to present his/her case.
- Using a preponderance of the evidence standard, the office of the vice president of student development shall then make a determination of whether disciplinary action is necessary and, if so, shall prescribe appropriate misconduct penalties as outlined in this code.
- For prescribed penalties, not including suspension and/or expulsion, the student can either accept the prescribed penalties or appeal the decision by filing a formal written complaint pursuant to the Student Complaint and Grievance procedures listed within this document. If the student accepts the recommended penalties, they become final. Appeals must be filed in writing via the online Student Complaint Form within 72 hours of receiving the sanctions. Failure to meet this deadline shall constitute a waiver of all rights for further review of the matter.
- For the prescribed penalties of suspension or expulsion, the student can either accept the penalty or appeal the decision by filing a formal written complaint pursuant to the Student Complaint and Grievance procedures listed within this document. Appeals must be filed in writing via the online Student Complaint Form within 72 hours of receiving the sanction. Failure to meet this deadline shall constitute a waiver of all rights for further review of the matter. Upon receipt of the appeal, a hearing shall be set on a date that affords the student at least five (5) business days to prepare an adequate defense. The hearing will be closed to the public and will be conducted by the College’s standing hearing committee for employee and student dismissals.
At the hearing, the student may employ counsel. If the student chooses to be represented by counsel, he or she must notify the vice president of student development at least three (3) business days before the hearing of same so that counsel for the College may be present. The hearing panel will set 30-minute time limits for each side. The student also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence why the proposed action should not be taken. The hearing may be recorded and the rules of evidence do not apply. The hearing committee will determine whether to uphold the prescribed penalty of suspension or expulsion. The College bears the burden of proof by preponderance of the evidence. Such determination shall be based solely on the evidence presented in the hearing. A written statement of the hearing committee's decision shall be given to the student and the vice president within two working days of the hearing, and this decision is final.
It should be noted that any interim or emergency disciplinary actions, such as suspension or exclusion, prescribed by the vice president of student development will remain in effect throughout the entire disciplinary process, including an appeal.
Right to Due Process:
A student accused of violating the Student Code of Conduct is guaranteed the right to due process as the matter is resolved. Specifically, a student is guaranteed:
- the right to a specific written notice of the charges.
- the right to know the names of accusers and to have a copy of all their written statements regarding the charges.
- the right to a prompt hearing.
- the right to have counsel present at the hearing. (Note: If the student elects to have legal counsel present, the institution will also be represented by legal counsel)
- the right to confront accusers and to hear all witnesses.
- the right to present witnesses or evidence.
- the right to remain silent to avoid self-incrimination.
- the right to a full and complete record of the hearing.
- the right to an appeal.
Appeals Procedure:
The only permissible bases for an appeal is procedural error or previously unavailable relevant evidence that significantly impacts the outcome of the case. The vice president of student development’s office will determine if the appeal has standing and will move forward.
The request for an appeal must be submitted via the Student Complaint procedures within three working days after receipt of the initial decision. The vice president of student development may delegate another College administrator to act on his/her behalf.
Student Success:
View/Print PDF version of Student Success Policy & Procedures
Approved By and Date:
Board of Trustees, 3-4-2019
Executive Leadership Team, 2-11-2019
Policy:
The Kilgore College Board of Trustees, in keeping with the College’s Mission, recognizes that learning is the primary focus of the institution. Emphasizing a learner centered culture, the Board decrees that student success will be Kilgore College’s prime directive. This policy actively shifts the Board and the College from an “at all costs” contact hour generation culture to a culture where the emphasis is instead placed upon student outcomes based success measures including completion, retention, and graduation. This policy is a decree to do the right thing for the right reason for students.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-11-2019
In order to accomplish the College’s prime directive the following tenets will be utilized to shape the culture and practices employed by faculty and staff for the benefit of students:
- A culture of caring and radical hospitality is the expected norm, not the exception. “Yes” must be the default answer when working with students and student needs.
- A no-excuses environment where faculty and staff embrace the student that they have instead of focusing on the student that they wish they had will characterize the institution. KC will be a student ready college where the expectation is that we will meet our students where they are and help them get to where they want to be.
- The College will focus on student outcomes including an examination of data that documents whether or not learning has occurred and to what level.
- Specific points of data, namely course completion, retention, and graduation rates, will be presented, analyzed, and discussed at every Board meeting.
- The College will create a culture of equity via the evaluation of disaggregated student data employing strategies designed to benefit all students. Equity and a sense of belonging will be demonstrated through culturally sensitive programs and services and the ability for students to see themselves reflected in the College community.
- Safety nets will exist to help students overcome resource insecurities through College programs and referral services.
- The College will research and adopt proven best practices as they pertain to student success including, but not limited to late registration, mandatory student success course during the first semester, etc.
Termination of Employment: Dismissal:
View/Print PDF version of Termination of Employment: Dismissal Policy & Procedures
Approved By and Date:
Board of Trustees, 12-11-17
Executive Leadership Team, 11-16-17
Policy:
Termination of a term contract will not be based on an employee’s exercise of rights guaranteed by the Constitution, issues related to academic freedom, or be based unlawfully on an employee’s sex, race, color, religion, age, national origin, disability, veteran’s status, genetic information, or any other characteristic protected by institutional policy or local, state, or federal law. An employee may be dismissed for good cause before the completion of the term fixed in his or her contract.
Procedures:
Approved By and Date:
Executive Leadership Team, 6-24-2020
Delegation of Powers to President:
The Board delegates to the President authority to make employment decisions for all employees, contractual and at-will employees. This delegation of power includes the authority to hire all employees, to non-renew a contract, and to terminate all employees (whether contractual or at-will). All such offers of employment will be provisional until approved by the Board via the consent agenda. All decisions to non-renew or to terminate any employee will be reviewed by the Board only to the extent set forth in the Non-Renewal of Term Contract Policy and within the Termination of Employment: Dismissal Policy. The President has the authority to suspend or place on administrative leave any at-will employee with or without pay, or any contractual employee with pay, if the President determines that such action serves the best interests of the College.
Term Contracts – Notice of Dismissal:
Before any contract employee is dismissed, the employee will be given reasonable notice (3 business days) in writing of the proposed action and the grounds, set out in sufficient detail to fairly enable him or her to show any error that may exist.
Term Contracts – Grievance:
If, upon receipt of written notification of a recommendation for dismissal, the contract employee desires to be heard and to contest the proposed action, he or she will give the President written notice within three business days from the notice of dismissal letter. The hearing will be set on a date that affords the employee at least 10 business days to prepare an adequate defense.
The hearing will be conducted in closed session unless the employee requests a public hearing, in which case the hearing will be open to the public. The hearing will be conducted by a standing hearing committee selected by the college on a periodic basis.
At the hearing, the employee may employ counsel. If the employee chooses to be represented by counsel, he or she must notify the President at least five business days before the hearing of same so that counsel for the College may be present. The hearing panel will set 30 minute time limits for each side. The employee also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence why the proposed action should not be taken. The hearing may be recorded and the rules of evidence do not apply. The hearing panel will determine the existence of good cause for termination. The College bears the burden of proof by preponderance of the evidence. Such determination will be based solely on the evidence presented in the hearing. A written statement of the hearing committee's decision will be given to the employee and the President, as well as the human resources director within two working days of the hearing.
The President will approve or reject the decision of the hearing committee within 3 business days of receipt of the committee's written statement. The employee may request a review by the Board within 3 business days of the receipt of the President's decision.
If the employee does not request review by the Board within 3 business days of the receipt of the President’s decision, the decision of the President is final and effective as of the date of the President's decision.
If a request for review by the board is received in the President’s office within 3 business days then the Board will accept the recommendation of the President or conduct a review of same, at its sole option. If the Board decides to review the appeal, the proceeding is appellate in nature and only written evidence/documentation will be considered. No oral arguments or witnesses will be presented.
At-Will Employment: Dismissal:
Employees without a contract are at-will employees and may be dismissed at any time for no reason or any reason not prohibited by law, as determined by the College's needs and its best interest. Non-contractual employees who are dismissed may request review of that decision by filing a written complaint with the College President within 5 business days of termination. The at-will employee will receive pay through the end of the last day worked. The College President or his or her designee will request additional documentation, schedule a meeting with the employee and/or any other necessary persons, or request a statement from the employee and/or other necessary persons. If the employee fails to file a written complaint within 5 business days of termination the decision to terminate will be upheld. The President or designee of the President will issue a written finding regarding the termination as soon as practical; and in most cases within 20 business days of the date of the employee's written complaint. The President or designee of the President's decision is final. The Board is not required to take any action concerning this review process but is required to listen if the employee presents a grievance at a public meeting.
Text Messaging Records Retention:
View/Print PDF version of Text Messaging Records Retention Policy & Procedures
Approved By and Date:
Board of Trustees, 3-13-2020
Executive Leadership Team, 2-27-2020
Policy:
The Texas Legislature defines a government record as any recorded information created or received by a local government, state agency, elected official, or government employee that documents the transaction of government business. College business conducted through text message creates a government record which is subject to the College’s records retention schedule, even if the message is exchanged by an elected official or employee on a cell phone or other mobile device not owned and paid for by the College.
Approved By and Date:
Executive Leadership Team, 2-27-2020
Procedures:
Due to the difficulties in archiving text message history for records retention purposes, Kilgore College employees and Board of Trustees members must limit conducting public business through text messaging on any device, personal or College-owned, to only “transitory information,” which is not required to be retained under the College’s records retention schedule. Transitory information is defined as: a record of temporary usefulness that is not an integral part of a records retention schedule of a local government, is not regularly filed within a local government’s recordkeeping system, and is required only for a limited period of time for the completion of an action by an official or employee of a local government or in the preparation of other records for retention. Transitory records are not essential to the fulfillment of statutory obligations or to the documentation of government functions. Such records are routine information used for basic communication, but not for conducting the business of the College.
If a person initiates a text message conversation that will result in conducting College business, or a conversation moves beyond transitory information, employees and Board members must instruct that person of the need to continue further communication via email, phone, or in person. Sensitive information should never be sent by text message, including social security numbers, student ID numbers, credit card numbers, and passwords. Employees and Board members should delete transitory, business-related text messages as soon as possible.
This procedure does not apply to any text messaging platform which the College subscribes to in order to conduct mass communication (Rave Alert) or to facilitate communication between students, faculty, and staff (Remind), as these messages are archived.
Examples of Transitory Information:
- A request for communication via email, phone, or in person
- Informal notices of meetings
- Notification of being late to a meeting
- Checking on whether a person is going to attend an event/meeting
- Requesting that someone else attend a meeting in an employee’s absence
- Notification that an email has been sent and needs to be reviewed
- Giving/seeking directions to a location
- Scheduling information, such as availability for a meeting
- Other routine messages that would not be kept if it were a paper or email communication
Examples of Conducting College Business:
- Discussing personnel-related data or information
- Explaining or evaluating College policy
- Discussing contracts or formal correspondence
- Deliberating how to respond to the press or Public Information Act requests
- Discussing a problem with or about a student
Substantive Change:
View/Print PDF version of Substantive Change Policy & Procedures
Approved By and Date:
Board of Trustees, 2-27-17
Executive Leadership Team, 2-2-17
Policy:
To be in compliance with the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) policy on substantive change, Kilgore College personnel must closely monitor the College’s activities in order to ensure that SACSCOC is appropriately notified. Instructional administrators, in particular, should be familiar with what constitutes substantive change and should immediately notify the vice president of instruction and the accreditation liaison if substantive change notification must be made to the Commission.
Procedures:
Approved By and Date:
Executive Leadership Team, 10-19-17
According to the SACSCOC policy statement entitled “Substantive Change Policy and Procedures”, “a substantive change is a significant modification or expansion of the nature and scope of an accredited institution.” KC is required to notify or secure SACSCOC approval prior to implementing a substantive change
Under federal regulations, substantive change includes:
- Substantially changing the established mission or objectives of an institution or its programs.
- Changing the legal status, form of control, or ownership of an institution.
- Changing the governance of an institution.
- Merging / consolidating two or more institutions or entities.
- Acquiring another institution or any program or location of another institution.
- Relocating an institution or an off-campus instructional site of an institution (including a branch campus).
- Offering courses or programs at a higher or lower degree level than currently authorized.
- Adding graduate programs at an institution previously offering only undergraduate programs (including degrees, diplomas, certificates, and other for-credit credential).
- Changing the way an institution measures student progress, whether in clock hours or credit-hours; semesters, trimesters, or quarters; or time-based or non–time-based methods or measures.
- Adding a program that is a significant departure from the existing programs, or method of delivery, from those offered when the institution was last evaluated.
- Initiating programs by distance education or correspondence courses.
- Adding an additional method of delivery to a currently offered program.
- Entering into a cooperative academic arrangement.
- Entering into a written arrangement under 34 C.F.R. § 668.5 under which an institution or organization not certified to participate in the title IV Higher Education Act (HEA) programs offers less than 25% (notification) or 25-50% (approval) of one or more of the accredited institution's educational programs.
- Substantially increase or decreasing the number of clock hours or credit hours awarded or competencies demonstrated, or an increase in the level of credential awarded, for successful completion of one or more programs.
- Adding competency-based education programs.
- Adding each competency-based education program by direct assessment.
- Adding programs with completion pathways that recognize and accommodate a student’s prior or existing knowledge or competency.
- Awarding dual or joint academic awards.
- Re-opening a previously closed program or off-campus instructional site.
- Adding a new off-campus instructional site/additional location including a branch campus.
- Adding a permanent location at a site at which an institution is conducting a teach-out program for students of another institution that has ceased operating before all student have completed their program of study.
- Closing an institution, a program, a method of delivery, an off-campus instructional site, or a program at an off-campus instructional site.
While it is expected that information on potential substantive changes will be communicated to the vice president of instruction and the accreditation liaison as soon as is feasible following the decision to make the change, it is important to have a procedure in place to insure that no potential substantive changes are overlooked. Therefore, the vice president of instruction and the accreditation liaison will meet with the Instructional Council once each fall and spring semester to determine if substantive change submission is needed. The fall semester meeting will focus on changes to be implemented between July 1 and December 1 of the following year, with any necessary submissions made by January 1 of the following year. The spring semester meeting will focus on changes to be implemented between January 1 and June 30 of the following year, with any necessary submissions made by July 1 of the current year.
Substantive change submissions for new programs and expanded offerings at off-site locations that fall outside of the required time frame for notifying the Commission should be avoided if at all possible. Submission outside of the appropriate time frame will only be made with permission of the president and is reserved for those occasions on which there is a request from an outside entity, such as a business or school district, to offer a new program or expand course offerings.
Once a substantive change is identified, the following steps will be followed:
- Accreditation liaison determines whether the change requires notification only or prior approval.
- Accreditation liaison determines the appropriate documentation to be submitted to SACSCOC based on the type of substantive change (i.e., whether prospectus or modified prospectus is required).
- Accreditation liaison coordinates development of appropriate notification and documentation for submission to SACSCOC.
- Accreditation liaison submits notification letter and, if applicable, all required documents and Commission forms to SACSCOC. Accreditation liaison maintains a hard copy of all documents submitted.
- Accreditation liaison enters date of submission and type of change into Substantive Change Log stored electronically on SACSCOC shared drive.
- Accreditation liaison is responsible for coordination and submission of any additional information requested by SACSCOC.
- Once the College receives notification of the Commission’s decision on the change, accreditation liaison logs the date of acknowledgement/approval or denial into Substantive Change Log and notifies all relevant personnel of the Commission’s decision. Hard copy of notification is filed in accreditation liaison’s office.
Supplanting:
View/Print PDF version of Supplanting Policy & Procedures
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 11-01-2019
Policy:
Federal and state grants awarded to Kilgore College shall be used to supplement and not supplant federal, state, or local funds.
Procedures:
Approved By and Date:
Executive Leadership Team, 11-01-2019
Federal and state grant applications and subsequent awards should be monitored to ensure they are used to increase services instead of being used to take the place of federal, state or local funds. Federal grants cannot be used to pay for services, staff, programs, or materials that would otherwise be paid with state or local funds. Unless otherwise stated in grant requirements, federal and state funds may not be used to provide services that the College is required to provide under state or local law, rule, or a court order. Grant funds may not be used for any service that was previously funded with state or local funds, unless there is evidence of a reduction in state and/or local support or proof that the activity/program would be discontinued without the benefit of the funds.
Transfer of equipment purchased by grant funds to another department should only be done once the life of the grant is over, or as otherwise permitted by grant requirements. Records of such transfers must be kept according to the College’s records retention schedule and the grant’s reporting requirements. The assigned grant administrator is responsible for ensuring compliance with these procedures.
Trustee Removal from Office:
View/Print PDF version of Trustee Removal from Office Policy & Procedures
Approved By and Date:
Board of Trustees, 6-19-2017
Executive Leadership Team, 5-10-2017
Policy:
In accordance with the Texas Constitution, Local Government Code and the Texas Education Code, Kilgore College Trustees can be dismissed only for appropriate reasons and by a fair process.
Procedures:
Approved By and Date:
Executive Leadership Team, 5-10-2017
Actions for the removal of Board members must be brought before the judge of the district court holding jurisdiction (Local Government Code 87.001, 87.012, 87.013, 87.015, 87.031; Education Code 44.032 (e)).
An officer may be removed for:
1. Incompetency. “Incompetency” means:
- a. Gross ignorance of official duties;
- b. Gross carelessness in the discharge of those duties; or
- c. Unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the officer’s election.
2. Official misconduct. “Official misconduct” means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.
3. Intoxication on or off duty caused by drinking an alcoholic beverage. Intoxication is not grounds for removal if it appears at the trial that the intoxication was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician practicing in this state.
4. The conviction of a board member by a jury for any felony or for misdemeanor official misconduct. The conviction of a public officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.
5. Nonattendance of board meetings if the member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, not counting an absence for which the member is excused by a majority vote of the board.
Tex. Const. Art. V, Sec. 24; Local Gov’t Code 87.011(2)–(3), .013, .031; Education Code 130.0845
Tuition Grants for Regular Full-Time Employees and Retirees:
Approved By and Date:
Board of Trustees, 2-27-17
Executive Leadership Team, 2-2-17
Policy:
Kilgore College values an educated workforce and strives to help its employees in the pursuit of continuing their education. Regular full-time employees and college retirees are eligible for tuition, general education and out-of-district fee grants for courses taken at Kilgore College.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-2-17
The following procedures will be followed in the enrollment and consideration of approval for tuition grant courses:
- The course(s) to be taken should not conflict with the employee’s official work day, unless otherwise approved by the employee’s supervisor and appropriate Vice President.
- The employee will be limited to a maximum of two credit courses per semester. Approval for additional courses will based upon job related expectations and must be approved by the appropriate Vice President or the President.
- Tuition grants do not include three-peat charges; these are the responsibility of the employee/retiree.
- The employee/retiree must maintain satisfactory progress and must meet 2.0 Satisfactory Academic Progress (SAP). An employee/retiree who is meeting SAP will have a 2.0 cumulative grade point average or above. Unofficial transcripts are required and are to be attached to the tuition enrollment form.
- The enrollment of an employee in a course as a tuition-grant student will not be a factor in determining if the course is offered. The course must have sufficient tuition-paying students to justify its offering. Courses will be canceled in the absence of a sufficient number of tuition-paying students.
- Enrollment in Virtual College of Texas Courses are not eligible for tuition grants.
- Auditing of classes will not be allowed.
Unbiased Policing:
View/Print PDF version of Unbiased Policing Policy & Procedures
Approved By and Date:
Board of Trustees, 3-4-2019
Executive Leadership Team, 2-11-2019
Policy:
Through this policy the Kilgore College Board of Trustees reaffirms its commitment and the commitment of Kilgore College and the Kilgore College Police Department to unbiased policing in all encounters between a police officer and any person; to reinforce procedures that ensure public confidence and mutual trust by providing services in a fair and equitable fashion; and to protect police officers from unwarranted accusations of misconduct when they act within the dictates of this policy and the law.
This policy requires all Kilgore College Police Officers to actively enforce local, state, and federal laws in a responsible and professional manner, without unlawful bias, bias-based profiling, and/or racial profiling.
This policy shall not preclude police officers from offering assistance, such as when they observe a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost, or confused. This policy does not prohibit an officer from stopping a person suspected of a crime based upon observed actions and/or information received about the person.
This policy applies to all police officers commissioned under the authority of the Kilgore College Board of Trustees and the Chief of Police, and to all other employees of KCPD. Moreover, this policy applies to police officers' actions with respect to all persons, whether those persons are drivers, passengers or pedestrians.
Procedures:
Approved By and Date:
Executive Leadership Team, 2-11-2019
Preamble:
The Kilgore College Police Department (KCPD) polices in a proactive manner and investigates suspected violations of law. KCPD officers actively enforce local, state, and federal laws in a responsible and professional manner, without unlawful regard to race, gender, sexual orientation, ethnicity, or national origin. Moreover, the KCPD strictly prohibits its officers from engaging in biasbased or racial profiling as those terms are defined in this procedure.
Two of the fundamental rights guaranteed by the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. Accordingly, KCPD officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Finally, bias-based profiling and racial profiling, in particular, are unacceptable policing tactics and are strictly prohibited.
Definitions:
- Bias - the selection of an individual based solely on a common trait of a group, including, but not limited to, race, ethnicity, gender, sexual orientation, religion, economic status, age, and/or cultural background.
- Bias-Based Profiling- a law enforcement-initiated action, detention or interdiction based solely on a trait common to a group of people, rather than on the individual's behavior and/or information tending to identify the individual as having engaged in criminal activity.
- Law Enforcement Agency- means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties.
- Motor Vehicle Stop - means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.
- Police Officer - any person licensed by the Texas Commission on Law Enforcement and
commissioned as a peace officer under the authority of the Kilgore College Board of Trustees and the Chief of Police who is (1) otherwise qualified, pursuant to Section 51.203 of the Texas Education Code, and (2) defined as a peace officer under Article 2.12 of the Texas Code of Criminal Procedure.
- Race or Ethnicity- means of a particular descent, including Alaskan Native or American Indian, Asian or Pacific Islander, Black, Caucasian/White, or Hispanic/Latino.
- Racial Profiling - a law enforcement-initiated action based solely on an individual's race, ethnicity, and/or national origin, rather than on the individual's behavior and/or information tending to identify the individual as having engaged in criminal activity.
- Kilgore College Police Department (KCPD) - a dedicated, full-service law enforcement agency authorized by the State of Texas. KCPD is a single state law enforcement agency, as defined and recognized by the Texas Commission on Law Enforcement. The agency head and chief administrator is the Chief of Police.
Prohibition:
A. The use of bias-based and/or racial profiling by police officers in any law enforcement encounters with persons viewed as suspects and/or potential suspects in criminal activities are strictly prohibited. The encounters to which this prohibition applies include, but are not limited to, motor vehicle stops, field contacts, and asset seizure and forfeiture operations.
B. Detaining a person and inquiring into that person's activities solely because of that person's race, ethnicity, or national origin, or solely because of bias, is prohibited. The prohibition against biasbased profiling and racial profiling does not preclude the KCPD from using race, ethnicity, or national origin as factors in a detention decision. For instance, a suspect's race, ethnicity, or national origin may be legitimate factors in deciding whether to detain the suspect when those factors are used as of a physical description of a specific suspect for whom a police officer is searching.
Examples of racial profiling include, but are not limited to, the following:
1. Citing a driver who is speeding in a stream of traffic where most other drivers are speeding, solely because of the cited driver's race, ethnicity, or national origin.
2. Detaining the driver of a vehicle solely based on the determination that a person of that race, ethnicity, or national origin is unlikely to own or possess that specific make or model of vehicle.
3. Detaining a person solely based on the determination that a person of that race, ethnicity, or national origin does not belong in a specific geographic area or a specific place.
Training:
A. A police officer shall complete the Texas Commission on Law Enforcement (TCOLE) training and education program on racial profiling not later than (1) the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or (2) the date the officer applies for an intermediate proficiency certificate, whichever is earlier.
B. As needed, the KCPD may schedule and require police officers to attend in-service training on bias-based profiling.
Complaint Investigation:
A. The KCPD shall accept complaints from any person who believes that a KCPD officer has engaged in bias-based profiling or racial profiling. No person shall be discouraged, intimidated, or coerced from filing a complaint, nor discriminated against because he or she files such a complaint.
B. In addition, any KCPD officer or employee who receives an allegation of bias-based profiling or racial profiling shall record the name, address and telephone number of the person who lodges the allegation, and shall (1) forward the complaint to the Chief of Police or his/her designee, or (2) direct the person how to do so. To direct the person on the filing of such a complaint, the officer or employee shall direct the person to the complaint form and describe the process for filing a complaint.
C. All KCPD officers and employees shall report any allegations of bias-based profiling or racial profiling to their respective superiors prior to the end of their shifts.
D. In processing and investigating any complaint alleging that a KCPD officer has engaged in bias-based profiling or racial profiling, KCPD shall follow General Order Policy 2.4 - Internal Investigation Process.
E. At the commencement of the investigation into the complaint, the investigator shall determine whether there is a video and/or audio recording of the event upon which the complaint is based. If a recording exists, the department shall promptly provide a copy of it to the police officer who is the subject of the complaint on his or her written request.
F. At the conclusion of the investigation, the investigator shall forward all findings to the Chief of Police. Complainants and KCPD officer being investigated will be notified of the results of the investigations when such investigation is completed.
G. If a bias-based profiling or racial profiling complaint is sustained against a KCPD officer and in violation of this policy, that officer shall be subject to corrective action, which may include reprimand; diversity, sensitivity or other appropriate training or counseling; paid or unpaid suspension; termination of employment, or other appropriate action as determined by the Chief of Police.
KCPD Compliment and Compliant Process:
A. The KCPD will provide public education relating to the agency’s compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer.
B. Persons will be made aware of the KCPD compliment and complaint process by utilizing the news media when possible, the KCPD webpage and printed materials.
Collection, Analysis, and Reporting of Information:
A. The KCPD shall collect information relating to (1) motor vehicle stops in which a citation or verbal and/or written warning is issued and (2) arrests made as a result of these stops. The information collected shall include:
-
The race or ethnicity of the person detained as stated by the person or as determined by the standard of any reasonable police officer to the best of his/her ability and whether the officer knew or did not know the race or ethnicity of the person detained before the detention occurred; The race or ethnicity of the individual includes:
- Alaskan Native or American Indian
- Asian or Pacific Islander
- Black
- Caucasian/White
- Hispanic/Latino
- The number of contacts, total searches (combination of consensual and probable cause searches), consensual searches, probable cause searches, custodial arrests;
- Whether a search was conducted and whether the individual consented to the search;
- Whether the officer made an arrest;
- Whether the officer issued a ticket, citation, or verbal and/or written warning;
- Whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code ("means physical pain, illness, or any impairment of physical condition), during the stop;
- The location of the stop;
- The reason for the stop.
B. After receiving the information described in Paragraph A, the Chief of Police shall compile and analyze the department’s biased-based and racial profiling data. Not later than March 1 of each year, the Chief of Police shall submit a report of the information collected under Paragraph A to the Texas Commission on Law Enforcement and to the Kilgore College Board of Regents.
C. The report required by Paragraph B shall not include identifying information about the peace officer who makes a motor vehicle stop or about the person who is stopped or arrested by the peace officer. However, this subsection does not affect the duty of KCPD officers to collect the information required by Paragraph A.
Use of Video and Audio Equipment:
A. The policy of the KCPD is that all KCPD vehicles regularly used by a police officer to make motor vehicle stops shall be equipped with a video camera. If possible, officers may be equipped with body worn cameras.
B. Each motor vehicle stop made by a police officer shall be recorded by video and audio equipment or audio equipment.
C. KCPD shall retain the video and audio recording or audio recording of each motor vehicle stop for a minimum of 90 days.
D. If a complaint is filed alleging that a police officer has engaged in bias-based profiling or racial profiling with respect to a motor vehicle stop, KCPD shall retain the video and audio recording or audio recording of the stop until final disposition of the complaint.
E. Supervisors shall ensure that police officers record all motor vehicle stops and the Chief of Police or his/her designee shall periodically conduct reviews of a randomly selected sampling of video/audio recordings to determine if patterns of biased-based profiling exist.
If the equipment used to record motor vehicle stops is malfunctioning or otherwise not operable, the officer making the stop shall report the malfunction to his/her supervisor immediately and manually collect the data and properly record and report the information as required by this policy and Article 2.133, Texas Code of Criminal Procedure, "Reports Required for Motor Vehicle Stops." Repairs deemed necessary should be made as soon as practicable.
Verifying Student Identity in Online Course:
View/Print PDF version of Verifying Student Identity in Online Course Policy & Procedures
Approved By and Date:
Board of Trustees, 2-27-17
Executive Leadership Team, 2-02-17
Policy:
Verifying the identity of the student accessing and participating in an online course is fundamental to the integrity of the course as well as the College. In addition, Kilgore College’s (KC) external accrediting body the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) requires a consistent procedure to ensure student identity in an online course. The College satisfies these standards with the use of a standard campus-wide learning management system (LMS) requiring the use of a unique student identification number and password.
Procedures:
Approved By and Date:
Executive Leadership Team, 8-5-2019
- Each student, upon admission to KC, is assigned a unique student identification number, userid and password.
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The unique userid and password are generated using the following schema:
- Userid = the first four letters of the last name plus the first four letters of the first name plus the last 4 digits of the student identification number. For example: smitjohn6789.
- Password = “Student” plus the 2-digit month/day of birth. For example: Student0101.
- The userid and password are placed into KC’s active directory and used to securely logon/access the student information system portal (myKC), the college network, on-campus computers and the learning management system (Blackboard).
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Faculty teaching online courses may use a variety of methods to ensure integrity of instructional assessment. To accomplish this requirement, instructors have the autonomy to utilize and/or incorporate components that may include, but are not limited to, the following:
- Proctored assessments on campus, at a testing center, or via an online test proctoring service. (limited to no more than two per course)
- Web conferencing (Collaborate, etc.).
- Live chats.
Because proctoring fees are included in applicable course fees, students will not incur any additional expense from KC for the proctored administration of assessments. If students choose to have assessments proctored by other entities, those entities may assess applicable fees.
Veterans Educational Benefits:
View/Print PDF version of Veterans Educational Benefits Policy & Procedures
Approved By and Date:
Board of Trustees, 7-29-2019
Executive Leadership Team, 6-25-2019
Policy:
In support of veteran student access and success, Kilgore College allows eligible students to attend class under a pending aid status until the U.S. Department of Veterans Affairs provides payment to the institution.
Procedures:
Approved By and Date:
Executive Leadership Team, 06/25/2019
In compliance with the Veterans Benefits and Transition Act of 2018, Kilgore College allows GI Bill and Vocational Rehabilitation and Employment (VR&E) beneficiaries (Chapter 33 and Chapter 31 beneficiaries) to attend a course of education or training for up to 90 days from the date the beneficiary provides a certificate of eligibility, or a valid VA Form 28-1905. This allows eligible students to attend class until the VA provides payment to the institution.
Kilgore College will not impose a penalty to or require an eligible beneficiary of the above named aid programs to borrow additional funds to cover tuition and fees due to late payments from the VA.
Workers' Compensation:
View/Print PDF version of Workers' Compensation Policy & Procedures
Approved By and Date:
Board of Trustees, 12-16-2019
Executive Leadership Team, 9-11-2019
Policy:
Kilgore College provides workers’ compensation insurance coverage to its employees and abides by all and state regulations governing such. Kilgore College may not discharge or in any other manner discriminate against an employee because the employee has:
- Filed a workers’ compensation claim in good faith;
- Hired a lawyer to represent the employee in a claim;
- Instituted or caused to be instituted in good faith a proceeding under the Texas Workers’ Compensation Act; or
- Testified or is about to testify in a proceeding under the Texas Workers’ Compensation Act.
Kilgore College may terminate an employee for violation of a reasonable absence-control policy without liability for prohibited discrimination.
Procedures:
Approved By and Date:
Executive Leadership Team, 09-11-2019
Coverage:
Those covered by the College’s workers’ compensation insurance plan include any employee in the service of Kilgore College, as the term "employee" is defined by Chapter 504 of the Texas Labor Code.
A person is not an employee and is not entitled to compensation if the person:
- Is in the service of Kilgore College and is paid on a piecework basis or on a basis other than by the hour, day, week, month, or year;
- performs services that may benefit the College, or is employed by or under contract with a performer providing those services, but does not receive payment from the College for the performance of the services, if the services are performed in connection with the operation or production of a musical, vocal, or theatrical performance or another entertainment event; or
- Is an independent contractor.
A workers’ compensation absence longer than three days with continuing treatment or that results in inpatient care may qualify as a serious health condition for purposes of the Family Medical Leave Act. An absence that is due to a work related injury or illness that qualifies as FMLA leave shall be designated as leave under the FMLA.
Income Benefits:
An employee may be paid temporary income benefits (TIBs) if his/her work-related injury or illness causes him/her to lose some or all of his/her wages for more than seven (7) days. Once TIBs accrue, an employee is entitled to TIBs to compensate the employee for lost wages due to the compensable injury during a period in which the employee has disability and has not reached maximum medical improvement (MMI). Lost wages are the difference between the employee’s gross average weekly wage (AWW) and the employee’ gross Post-Injury Earnings (PIE). If the employee’s PIE equals or exceeds the employee’s AWW, the employee has no lost wages. The employee must report any income earned while receiving TIBs; failure to do so may be grounds for termination.
PIE shall include, but not be limited to, the documented weekly amount of:
- All pecuniary wages paid to the employee after the date of injury including wages based on work performed while on modified duty and pecuniary fringe benefits which are paid to the employee whether the employee has returned to work or not;
- any employee contribution to benefits such as health insurance that the employee normally pays but that the employer agrees to pay for the employee in order to continue the benefits (which does not include the portion of the benefits that the employer normally pays for);
- the weekly amount of any wages offered as part of a bona fide job offer which is not accepted by the employee which the insurance carrier (carrier) is permitted to deem to be PIE under §129.6 of this title (relating to Bona Fide Offers of Employment);
- the value of any full days of accrued sick leave or accrued annual leave that the employee has voluntarily elected to use after the date of injury;
- the value of any partial days of accrued sick leave or accrued annual leave that the employee has voluntarily elected to use after the date of injury that, when combined with the employee’s TIBs, exceeds the AWW; and
- any monies paid to the employee by the employer as salary continuation based on:
- contractual obligation between the employer and the employee including through collective bargaining agreement;
- an employer policy; or
- written agreement with the employee.
PIE shall not include:
- any non-pecuniary wages paid to the employee by the employer after the injury;
- any accrued sick leave or accrued annual leave that the employee did not voluntarily elect to use;
- any wages paid by the employer as salary supplementation as provided by Texas Labor Code, §408.003(a)(2);
- any moneys paid by the employer which would otherwise be considered PIE under subsection (c) of this section but which the employer attempts or intends to seek reimbursement from the employee or carrier; or
- any money paid to an employee under an indemnity disability program paid for by the employee separate from workers’ compensation.
TIBs end at the earlier of:
- the date MMI is reached;
- the date the employee is able to earn his/her same AWW that was earned pre-injury; or
- at the end of 104 weeks from the date of eligibility for TIBs.
Relation to Paid Leave:
If eligible, workers’ compensation insurance may begin paying a percentage of the employee’s current wages if the employee’s absence exceeds seven calendar days. College employees have the option to use paid leave during a workers’ compensation absence. State workers’ compensation laws prevent employees from receiving more than 100% of their pre-injury average weekly wage if they decide to use paid leave while receiving TIBs. The employee may choose one of the following:
- Use available leave and delay TIBS until the amount of elected leave is used or to the degree that paid leave does not equal the pre-illness or pre-injury wage; or
- Receive TIBS and decline the use of available paid leave. If this option is chosen, the employee will not receive any regular salary payments from Kilgore College while receiving weekly income benefits under workers’ compensation; or
- Receive previously accrued sick leave benefits, whether statutory or contractual, in an amount equal to the difference between the TIBS and the weekly compensation that the employee was receiving before the injury that resulted in the claim. Sick leave benefits received under this option will be deducted proportionately from the employee’s sick leave balance.
Employees must indicate their choice on the “Leave Benefits Election with Workers’ Compensation” form.
Medical Benefits:
Kilgore College’s workers’ compensation carrier will pay for reasonable and necessary medical care to treat an employee’s compensable work-related injury or illness. The insurance carrier will pay such medical benefits directly to the health care provider that provides the employee’s medical care.