covid banner
August 22 New Student Registration begins
August 29 Classes start - contact your instructors for details
CMI Disaster Management Policy
CMI Disaster Management Plan
RMI NDMO Website
Revised Academic Calendar
Jilel COVID 19 Special Edition
Bus Services

Conduct and Work Performance Standards

4.1 Employee Attributes and General Standards of Conduct

4.1.1 General policy
It is the policy of the College to treat all Employees fairly.  In return, the College expects all Employees to adhere to its values, employee attributes, faculty code of conduct and standards of conduct and work performance that are established to enable all to work together to achieve the objectives of the College.

Supervisory counseling with Employees and mediating between employees to resolve conflict is designed to establish an equitable system of corrective action for Employees who do not adhere to its values, employee attributes and standards of conduct and/or to bring an Employee’s work performance to acceptable levels.

Each supervisor has the responsibility for counseling Employees under their supervision, administering corrective action when appropriate, and documenting the counseling or corrective action.

The College expects that all Employees conduct themselves in a professional and ethical manner, in accordance with and all the policies and procedures set forth in this Handbook and as directed by the College.  This is because the orderly and efficient operation of all facilities and to meet the institutional goals of the College requires that Employees maintain discipline and proper standards of conduct at all times.  Such conduct protects the health and safety of each Employee, as well as maintains uninterrupted productivity and jobs, and protects the College’s good will and property. 

4.1.2 Employee Attributes
CMI’s faculty and staff demonstrate their dedication to the Mission and Vision of the College through the following core employee attributes (competencies):

Respect
I will:

  • Treat my co-workers, supervisors and students courteously and politely at all times.
  • Respect the property of others and of the College.
  • Utilize internal resources to resolve employment problems (discussions with supervisor, department Administrator, Human Resources, grievance process, etc).
  • Respect the privacy of my co-workers, students and external partners of CMI in the discharge of my duties.
  • Use appropriate and respectful words and actions when communicating with my co-workers, direct reports and supervisors in the performance of my duties.
  • Show respect for my colleagues, students and external partners of CMI by dressing appropriately in accordance with the requirements of my job.

Integrity
I will:

  • Respect and adhere to the terms of my employment contract through my daily attendance and timely arrival at my workplace.
  • Use College property and resources only for legitimate work purposes (email, facsimile machines, computers, copiers and other College equipment).
  • Understand and follow College policies and practices.
  • Be honest in the performance of my duties and interactions with my co-workers. Praise in public; Coach in private.
  • Be ethical in the performance of my duties.

Cultural Sensitivity
I will:

  • Respect, include and recognize my colleagues and their differences.
  • Understand the benefits of a diverse workforce.
  • Be inclusive to new people and their ideas.
  • Seek to understand different points of view.
  • Understand and promote opportunities to experience diversity on campus for myself and others.
  • Use appropriate language and give relevant information to students and their family about studying at CMI.
  • Show consideration and sensitivity to others and communicate with empathy and understanding.
  • Be sensitive to the culture and practices of the RMI

Customer Relationships
I will:

  • Understand the need for and benefit of quality service.
  • Deliver high quality service to my campus partners, students and external stakeholders of CMI
  • Adapt service delivery within the provisions of CMI standards to meet the needs of my customer base.
  • Seek feedback from my ‘customers’ on quality of service and suggest improvements based on feedback.
  • Continuously seek ways to improve service delivery to my customers.
  • Use polite and welcoming words such as “Iokwe,” “Kommool tata,” “please,” “excuse me” and “you’re welcome.”
  • Always seek to meet the immediate need of my customers and when I am unable to, I will gladly take him or her to someone who can.
  • Offer to help and if I am unable to personally assist a student, member of the public or co-worker, I will direct them to someone who can.

Teamwork
I will:

  • Develop and maintain effective working relationships with my co-workers and external stakeholders of CMI.
  • Work effectively and cooperatively with others.
  • Appreciate and value the contributions of others.
  • Demonstrate flexibility and willingness to step out of my comfort zone to support team and department goals.
  • Be positive and acknowledge and celebrate successes of my co-workers.
  • Let my team and my supervisors know if I will be away from my work station

4.1.3 General Standards of Conduct
In furtherance of this, the College requires that all Employees:

  1. spend the workday effectively by performing the proper tasks safely, competently and in a timely manner and demonstrating an awareness of priorities.
  2. spend the work day efficiently by performing each task quickly, safely and well.
  3. comply with College and departmental policies and procedures.
  4. be at work when scheduled (for example, to attend work regularly, not to arrive late, not to abuse Sick Leave or lunch periods, and not to leave early without appropriate approval).
  5. notify the supervisor of an unscheduled absence not later than one hour after the scheduled time to report to work, or in accordance with departmental guidelines.
  6. work during working hours (for example, keeping personal phone calls to a minimum and not attending to personal matters during work hours).
  7. cooperate with reasonable requests from co-workers.
  8. perform reasonable job duties, even if not part of the job description, as assigned by the supervisor.
  9. respect the confidentiality of sensitive information. Such information should not be repeated, discussed or removed from the work area except for legitimate work reasons.
  10. give proper notice of termination of service.
  11. safeguard personal property. (The College maintains a security service but cannot guarantee the safety of personal property).
  12. respect the property of others and of the College and to use College property only for legitimate work purposes (email, facsimile machines, computers, copiers and other College equipment). Taking of property belonging to others or the College will not be tolerated.
  13. maintain appropriate work place behavior that fosters collegiality and teamwork. Without these qualities, the College cannot achieve its goal in an effective and efficient manner.
  14. utilize internal resources to resolve employment problem (discussions with supervisor, department Administrator, Human Resources, grievance process, etc.)
  15. know the fiduciary duty associated with College employment and to perform the duties accordingly; conduct that conflicts with the interest of the College will not be tolerated.
  16. must attend meetings which are scheduled by the College.
  17. must treat students, vendors and other Employees courteously and politely at all times.
  18. may not be insubordinate to supervisors or other management personnel, and may not fail or refuse to obey a proper order or instruction.
  19. must not violate any RMI laws that affect the College’s ability to do business.
  20. must not alter, falsify or forge any College’s forms, records or documents.
  21. must not fight, threaten physical harm, engage in horseplay or otherwise endanger others.
  22. must not use, possess, chew or consume betel nut, tobacco or any illegal drugs on College property; Employees must not work under the influence of alcohol or any illegal drugs, except medications prescribed by a physician which do not impair work performance.
  23. must cooperate in security related procedures or investigations.
  24. are not to be in possession of firearms, or other weapons on College property.
  25. must not discriminate or engage in any act of harassment against employees, applicants, or students in violation of any RMI anti-discrimination laws.
  26. must accurately and honestly report reasons for absences.

The examples above are not an exhaustive list of all performance expectations or work rules and is not intended to be a comprehensive list of all the conduct that may lead to disciplinary action, up to and including termination.  Moreover, none of the above-referenced examples modify the nature of an employee’s employment relationship with the College, as may be stated or modified by his/her individual contract with the College.  Failure to comply with these General Standards of Conduct may lead to Corrective Action as discussed above.

4.1.4 Scope
All employees including permanent, temporary and adjunct faculty are covered in this policy.

4.1.5 Definitions
Employee Attributes- CMI has identified five core behavioral competencies that every employee should demonstrate in the performance of their duties.

4.1.6 Authority
All employees are responsible for applying this policy. Supervisors and Administrators are responsible for addressing actions and behaviors of non-compliance.

4.2 Resolution of Workplace Issues

4.2.1 General policy statement
The College seeks to deal openly and directly with its Employees, and believes that communication between Employees, their Supervisors and Administrators is critical to solving problems.  Co-workers who may have a problem with one another should attempt to resolve the problem themselves.  If a resolution cannot be agreed upon, both Employees should approach his or her supervisor, who will work with the employees to determine a resolution.  In these instances, the decision of supervisor is final.

Employees who have a problem with a supervisor should first go to the supervisor and state the problem.  If a resolution cannot be agreed upon, the employee should present his or her problem, in writing, to next level management, whose decision shall be final.

The College does not tolerate any form of retaliation against Employees availing themselves of these procedures.  The procedures should not be construed, however, as preventing, limiting or delaying the College from taking disciplinary action against any individual, up to and including termination, in circumstances (such as, and by way of example only, those involving problems of overall performance, conduct, attitude or demeanor) where the College deems disciplinary action appropriate. The procedures below apply to all employees.  In all cases, except for the issue, must be your issue and relate to a decision or an action arising from your employment relationship.

4.2.2 Authority
Administrators, Heads of Departments and Supervisors are responsible for taking appropriate action to resolve workplace issues in a timely manner.

4.2.3 Categories of workplace issues
With the exception of issues that relate to sexual harassment and sexual misconduct, Drug-Free Workplace, Academic Honesty and Integrity, discrimination, harassment, bullying or occupational violence, the employee should attempt to resolve the issue with his or her supervisor and the responsible Administrator who has the power to resolve the matter. Most issues should be able to be resolved between the parties and at the department level.

There are three main areas or types of employee issues, concerns and disagreements.

  1. Terms and Conditions of Employment
    Examples: (not exclusive)
    • job duties
    • hours of work
    • health and safety
    • physical working conditions
    • holidays, scheduling
    • benefits
    • allowances
    • pay issues
  2. Application and Interpretation of Policy
    Examples: (not exclusive)
    • benefits
    • IT usage
    • illegal activities
    • recruitment
    • other college policies
  3. Employee Behavior
    Examples: (not exclusive)
    • bullying
    • harassment
    • sexual harassment (refer to Sexual Harassment policy)
    • threats or coercion
    • verbal or physical altercation
    • breach of confidentiality
    • discrimination
    • codes of conduct violations
    • inter-personal conflict

4.2.4 Resolution Processes
Terms and Conditions of employment and Application and Interpretation of Policy Issues
These types of issues usually require a review of circumstances. If the issue is found to be valid, corrective action will be initiated, and the employee notified of the timing and form of the resolution. If the issue cannot be validated, the employee will be notified and may request a meeting with the supervisor to discuss the decision.

Employee Behavior Issues
These types of issues, depending on the potential seriousness of the allegations, may require a formal investigation by a neutral investigator. Less serious issues may be resolved through clarification of behavior requirements, counselling, training, mediation or other interventions. It is important that employees understand they can safely bring forward behavior issues that they sincerely believe are negatively impacting them in their workplace.

Interpersonal conflict issues should first be brought to the attention of the other person (s) involved and/or the supervisor. If that is not appropriate, the employee can request a meeting with an HR advisor. Possible resolution may involve guidance to one or more of the employee involved to resolve the issue themselves. Mediation (third party) may be useful and training in conflict resolution may be worthwhile to avoid further issues. HR will work with the employee on appropriate supports, including self-help options and formal facilitation.

Employee behavior complaints need to be in writing with enough detail to assess what action is required. An HR officer can assist with the format and requirements of a written complaint. Note that once a written complaint is received we are required to act and confidentiality is maintained on a need to know basis. Action cannot be acted on anonymous complaints.

4.2.5 Procedure
Upon receiving a written complaint, the Supervisor or Head of Department may take the following steps to resolve the complaint:

Step One: Determine the type of action to be taken
The supervisor will review the complaint and determine the cause of action to be taken. Depending on the nature of the complaint the cause of action can be informal or formal.

When confronted with a complaint, a supervisor can ask themselves three key questions:

  1. Under which of CMI’s policies and procedures can this complaint be addressed?
  2. Is there flexibility around how the complaint can be dealt with so that those involved can work harmoniously again?
  3. Does this particular issue have broader systemic issues that need to be addressed in the long term?

Step Two: Follow through on internal procedures
When defining the relevant policy and procedure under which the complaint can be addressed, the supervisor must follow through on using internal procedures to resolve the complaint. If unsure of way forward, the supervisor may seek HR advice.

Step Three: Identify the core of the complaint
The Supervisor should focus on identifying the core of the complaint or grievance. An employee may feel wronged on one or more issues, therefore the Supervisor may need to investigate and understand how a resolution can be reached and communicated or effected.

Step Four: Focus on the long-term resolution
The next step is to determine whether the complaint is an isolated incident, or a symptom of underlying issues which may require more in-depth investigation.

The aim is to resolve the complaint and drive towards the goal of reconciling the parties and getting them working together again.

4.2.6 Scope
All employees with the exception of the President are covered under this policy.
All employees including permanent, temporary and adjunct faculty are covered in this policy.

4.2.7 Definitions

HR Advisor– Human Resources personnel designated to provide advice on employee conduct matters.

Third party– a nominated employee who is not involved in the conflict and is trained in mediation and conflict resolution skills.

4.3 Employee Discipline

4.3.1 General Policy
All Full-Time Employees, Part-Time Employees and Temporary Employees may be terminated, demoted, suspended, non-renewed or not extended in a fair and equitable manner. The following provisions of this policy shall apply.  The notice to such persons shall be required to specify the date of the determination, the nature of the determination and the effective date.

Except as otherwise provided in these policies, employment contracts of regular full-time Employees may be non-renewed or not extended without cause and without any reason or reasons being given for such action, and the following provisions of this policy shall not apply.  The notice to such persons shall only be required to specify the date of the determination, the nature of the determination and the effective date.  The fact that such an Employee’s contract has been renewed in the past shall not be deemed to create an expectation of continued employment beyond the contract expiration date, nor shall it create any protected property interest in employment beyond the contract expiration date.

Except as otherwise provided in these policies, if, during the term of a contract, it is determined that an Employee should be disciplined, suspended, demoted or terminated, the provisions of this policy shall apply.

4.3.2 Authority
The President is delegated the authority and responsibility to suspend, dismiss, demote or reassign on a fair and equitable basis any Employee whose conduct or capacity is such that his or her removal, demotion or reassignment will improve the efficiency of operations at the College.  All decisions of the President are final and binding.

4.3.3 Disciplinary Principles
The College’s policy is to attempt to deal constructively with Employee performance problems and Employee errors.  The disciplinary process will be determined by the College in light of the facts and circumstances of each case.  Depending upon the facts and circumstances, the discipline applied may include, among other things, oral or written warnings, probation, suspension without pay, or immediate discharge.  Each situation will be considered in light of a variety of factors including, but not limited to, the seriousness of the situation, the Employee’s past conduct and length of service, and the nature of the Employee’s previous performance or incidents involving the Employee.  Details of this process are outlined further in the Disciplinary Action section below.

4.3.4 Disciplinary Principles
Disciplinary Action is taken against an Employee in response to a rule infraction or a violation of College values, policies, standards, employee attributes, norms, customs, or directives.  If corrective action is necessary, it is taken at the sole discretion of the College and may take the form of:

  1. Informal discussion/Counselling
  2. verbal warning
  3. written warning
  4. probation
  5. final written warning
  6. Demotion
  7. Salary Deduction
  8. Withholding performance bonus/increment
  9. Transfer to other duties or other locations
  10. Non-renewal of contract
  11. Suspension with benefits
  12. Suspension without benefits
  13. Referral of the matter to the police for further investigation;
  14. and/or immediate discharge.

The College has the right to determine what level of disciplinary action is appropriate in the context of the situation.  Prior to issuing Disciplinary Action, an Employee will be given notice of the basis for the disciplinary action and an opportunity to respond to the complaint or conduct at issue.  All decisions regarding disciplinary action made by the President of the College or his/her designee are final and binding.

4.3.5 Categorization of infractions or violations
Infractions or violations are generally categorized as:

  • “Minor misconduct” meaning conduct that comprises an isolated and a minor breach of any College policy, standards of conduct, employee attributes, values, employee’s employment contract, rules and regulations.
  • “Major misconduct” meaning conduct that comprises a major breach of a College policy, standard of conduct, values, employee attributes, the employee’s employment contract, rules, regulations, RMI national laws or a series of breaches of regulations and/or policies, or conduct that is not in keeping with accreditation and national standards of conduct in the profession.
  • “Gross misconduct” meaning conduct so seriously in breach of the employee’s conditions of service that it results in a breakdown of the relationship of trust and confidence between an employee and the College, and if proved, warrants an immediate dismissal.

4.3.6 Disciplinary Procedures
The procedures below do not alter the College’s right to terminate the Employee’s employment at any time, with or without cause and with or without notice, subject to the terms and conditions set forth in the Employee’s individual employment contract.  Thus, the disciplinary and dispute resolution procedures set forth below may not be applied for all College decisions regarding discipline, including but not limited to termination.

  1. Minor Misconduct
    1. Minor infractions of standards of conduct, College policies, norms and customs by employees will be investigated by the immediate Supervisor.
    2. Upon receiving an allegation of misconduct against a staff member, the immediate supervisor will conduct an investigation, collect evidence and make a recommendation to the relevant Administrator within five (5) working days.
    3. Corrective action taken against the employee for a minor misconduct is approved by the relevant Administrator.
    4. The employee is informed of the corrective action by the immediate supervisor within five (5) working days.
    5. All disciplinary actions, counseling discussions and related facts are to be documented and forwarded to the Human Resources Office or the Human Resources Director.
  2. Major Misconduct
    1. An allegation of major misconduct made against an employee must be made in writing to the relevant Administrator.
    2. The Administrator will conduct a preliminary investigation and consult with the Human Resources Director on the categorization of allegation and list of penalties.
    3. The Administrator will prepare a report and make a recommendation to the President.
    4. The President after consultation with the Executive Vice President may refer the allegation(s) to a Disciplinary Committee or dismiss the allegation.
    5. If the allegation is referred to a Disciplinary Committee, the Human Resources Department will formulate the charges setting out the details of the misconduct and evidence supporting the allegations.
    6. The Disciplinary Committee shall make a decision within 15 working days and make a formal recommendation to the President.
    7. The President may fully implement the recommendation of the Disciplinary Committee or in part make an executive decision.
    8. The Human Resources Director will formally communicate the President’s decision to the employee.
    9. If the employee believes that he/she has been unfairly treated pursuant to this policy, the employee may file a grievance as set forth in policy 4.4 Grievance Resolution,
  3. Gross Misconduct
    1. Allegations of gross misconduct against an employee are referred to the Human Resources Director who will conduct an investigation and gather evidence.
    2. The allegations and evidence supporting the allegations shall be referred to the employee concerned who shall within two (2) working days respond in writing with an explanation in his/her defense.
    3. The Human Resources Director will compile a report and in consultation with the relevant Administrator shall make recommendations to the President who shall have the discretion to decide on penalties as set out in clause 3 of this policy.
    4. In the event the President decides to dismiss the employee, the President shall advise the Human Resources Director to implement his/her decision immediately.
    5. The Human Resources Director shall inform the employee of the decision by a letter in writing.
    6. An employee found guilty for gross misconduct and summarily discharged cannot file a grievance.

4.3.7 Dismissal with cause
The College reserves the right to dismiss an employee with cause. The Acts of Gross Misconduct that may result in cessation of employment with cause include, but are not limited to:

  • Sexual Misconduct
  • Sexual Harassment
  • Prohibited Harassment and Bullying
  • Failure to declare a conflict of interest that gives unfair advantage to the employee, disadvantages other employees and/or brings disrepute to the College
  • Academic Dishonesty that subjects the College to liability and causes harm to the accreditation status of the College
  • Stealing
  • Fraud
  • Embezzlement
  • Falsifying records
  • Violation of the College’s Drug and Alcohol policy
  • Violation of the College’s Weapons and Fireworks policy
  • Violation of FERPA
  • Excessive absenteeism
  • Inefficiency or inexcusable neglect of duty
  • Gross insubordination
  • Physical altercation or threat of bodily harm
  • Any criminal offence that may adversely affect the interest of the College and its stakeholders.

Allegations of sexual harassment or sexual misconduct are addressed under policy 4.5 Sexual Harassment and Sexual Misconduct

4.3.8 Levels of responsibility

  • First level Supervisors
    Supervisor Responsibility. Immediate supervisors are delegated the responsibility for administration of day to day discipline, including oral admonitions, conflict resolution, mediation, carrying out investigations and recommendation for formal letters of reprimand and initiation of suspension actions consistent with the immediate supervisor’s ability to effectively carry out such disciplinary actions.
  • Administrator Responsibility. Administrators are delegated the responsibility for administrative oversight of day to day discipline, including oral admonitions, letters of reprimand and recommendation of suspension and discharge actions to the President
  • Director Human Resources
    Director Human Resources. All disciplinary actions, counseling discussions and related facts are to be documented and forwarded to the Human Resources Office or the Human Resources Director.  The Human Resources Director will:
    1. assist supervisors in developing appropriate documentation for verbal and written warnings,
    2. provide guidance and training to supervisors on conflict resolution, mediation and how to investigate allegations of misconduct by direct reports;
    3. advise employees on disciplinary policy and procedures;
    4. issue letters of suspension and discharge as approved by the President.

4.3.9 Written notification of Disciplinary Action

  1. Determination of Discipline.  Whenever a Supervisor and/or the Human Resources Director determine that the employment status of an Employee covered by this policy should be disciplined, demoted, suspended or terminated, the supervisor and/or the Human Resources Director will send written notification to the Employee that such a determination has been made.   With the exception of a disciplinary decision to dismiss with cause, the Employee has the right to appeal such action under paragraph 4.4 Grievance Resolution Procedure.
  2. Notice.  The notice shall specify grounds and conditions and include:
    1. The date of determination
    2. The nature of the determination and the effective date.
    3. The reasons for the determination as stated.
    4. The rights of the Employee to examine his/her Human Resources file and examine all written evidence which has a bearing on such determination.
    5. The rights of the Employee to appeal the decision. This requirement may be satisfied by referring to or including a copy of the relevant Human Resources policies.

Scope
All employees including permanent, temporary and adjunct faculty are covered in this policy.

Definitions
Verbal Warning– A letter confirming a verbal warning with an effective duration of 6 months.
Written Warning– A written warning may proceed a verbal warning or issued immediately depending on the context of the situation and will remain active on the employee’s personal file for a period of 12 months.
Final Warning– A Final Written warning will remain active on the employee’s personal file for a period of 12 months and may lead to a dismissal subject to stated conditions being met by the employee.

4.4 Grievance Resolution

4.4.1 General Policy. This policy provides a process for Employees to seek redress concerning employment related grievances arising out of the issuance of Corrective Action, other violations of College policies or procedures, or violation of a term of the Employee’s individual contract.   The grievance process is not intended to second-guess the professional judgment of officers and colleagues responsible for making administrative decisions.

4.4.2 Definition of Grievance. A grievance is any allegation or complaint by an Employee of violation, misinterpretation or inequitable application of Human Resource policies, regulations of the College, existing laws, administrative directives or procedures or of the right to fair treatment.  All employment contract disputes are treated as a grievance.

4.4.3 Standard for Determining Contested Grievances. In order to prevail in the grievance process, an Employee must establish that the Employee experienced a remediable injury attributable to the alleged violation of a right or privilege based on existing laws, Human Resource policies, regulations of the College, administrative directives or procedures or of the right to fair treatment.  Examples would be if the decision-maker disregarded an established standard for evaluation, relied on impermissible considerations such as race or sex, or failed or refused to consult with or receive information from mandated advisory bodies.

4.4.4 Coverage. Under the College’s Equal Opportunity and Non-Discrimination policies, the grievance procedure is available to all Employees of the College.

4.4.5 Formal Grievance

  1. Initiation. Within fourteen (14) days of the Employee receiving notification of a Corrective Action or other conduct giving rise to the grievance, the aggrieved Employee shall file a formal grievance using Form 4.4A Formal Grievance with the administrative supervisor at the level of Vice President. At the time of the complaint, a copy of the grievance must be presented to the Director of Human Resources and to the individual against whom the grievance is being made. Upon receipt of a copy of the grievance complaint, the Director of Human Resources will issue to the concerned parties a copy of the Grievance Committee Procedures. If the grievance is against the Dean, a Vice President or President, the Employee may present his or her complaint to a Vice President not involved in the complaint. The signed, written complaint must sufficiently state the following:
    1. A general description of the nature of the grievance.
    2. A specific description of the act or acts upon which the grievance is based.
    3. The time, date and place of such act or acts.
    4. The names of all persons alleged to be involved in the act or acts giving rise to the grievance.
    5. The remedy sought by the aggrieved Employee to resolve the grievance.
    6. Actions taken to resolve the grievance informally.
  2. Establishment of a Grievance Committee. The Director Human Resources upon receiving the written complaint will be responsible for establishing a Grievance Committee and convening their first meeting within ten (10) working days of receipt of the complaint.

    The Grievance Committee shall consist of one (1) member from the administrative or supervisory level selected by the President to serve as Chairperson, the Human Resources Director or his/her designee not involved in the disciplinary process; and (1) member from the aggrieved Employee’s peer group selected by the aggrieved Employee.  Should the grievance be against the President, one (1) committee member will be chosen by the Chairman of the Board of Regents.  The Human Resource Director or designee shall serve as advisor and facilitator for proceedings of the Grievance Committee…

  3. Grievance Committee Procedures
    1. The Grievance Committee shall complete its hearings within twenty (20) working days after receipt of the written complaint. Minutes of the hearings shall be recorded for review.  The grievance shall be resolved by a majority of the committee.
    2. The aggrieved employee and other parties concerned in the grievance can bring a reasonable number of relevant witnesses and freely offer relevant and non-duplicative evidence to the Committee. Except in unusual circumstances, no party may call more than three (3) witnesses. The aggrieved employee, accused and witnesses must present their written statements to the minute-taker before offering their testimony.
    3. When the Committee has completed its deliberations, it will report its findings to the College President, unless the President is the subject of complaint, if so, then to the Chairman of the Board of Regents, who will take final action on the Committee’s report. The President of the College or the President’s designee will have final authority to decide all grievances, which decision shall be final and binding on the parties. The Committee must meet and deliver its written report as described within ten (10) working days after the hearings are concluded. The President of the College or the President’s designee will take action on the Committee’s report within ten (10) working days after receiving it.
  4. Grievance by Executive Personnel. A grievance by an administrator in the President’s office other than the President shall proceed in accordance with the procedures set forth in this Section.   A grievance by the President shall be resolved by the Board of Regents in a manner prescribed by the Board of Regents.  The decision of the Board of Regents is final.
  5. Confidentiality. The right to confidentiality of all employees will be respected in to the extent possible as the situation permits. The College prohibits any kind of retaliation against any person who, in good faith, brings a complaint to the attention of the College. All complaints will be kept confidential to the fullest extent possible.

4.5 Sexual Harassment and Sexual Misconduct Policies

4.5.1 Sexual Harassment Prevention and Resolution

  1. General Policy.  The College is committed to providing its staff, faculty and students the opportunity to pursue excellence in their academic and professional endeavors. This can only exist when each member of our community is assured an atmosphere of mutual respect, one in which he or she is judged solely on criteria related to academic or job performance.  The College is committed to providing such an environment, free from all forms of harassment and discrimination.  Each member of the College community is responsible for fostering mutual respect, for being familiar with this policy, and for refraining from conduct that violates this policy.  Sexual harassment of employees by students, co-workers, or superiors as well as sexual harassment or sexual intimidation of students by peers, staff, faculty or administrators is unacceptable to the College.
  2. Definitions
    1. Sexual Harassment. Sexual harassment, whether between people of different sexes or the same sex, is defined to include, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other behavior of a sexual nature when:
      1. Submission to such conduct is made implicitly or explicitly a term or condition of an individual’s employment or participation in an educational program;
      2. Submission to or refection of such conduct by an individual is used as the basis for Human Resources decisions or for academic or staff evaluation or advancement;
      3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, coercive, hostile or offensive working or educational environment.
    2. Sexual Intimidation: Sexual intimidation includes any unreasonable behavior, verbal, or non-verbal, which has the effect of subjecting members of either sex to humiliation, exploitation, embarrassment, or discomfort because of their gender.
  3. Violations.
    Fundamental to the College’s purpose is the free and open exchange of ideas.  It is not, therefore the College’s purpose, in promulgating this policy, to inhibit free speech or the free communication of ideas by members of the College community.  The College is committed to providing a safe educational and working environment for its faculty, staff and students.The College will not tolerate sexual harassment.  It is a form of discrimination, a violation of law, and a serious violation of College policy.  In accordance with its educational mission, the College works to educate its community regarding sexual harassment.  Disciplinary or corrective action will be taken when instances of sexual harassment or sexual intimidation are identified and confirmed.  Retaliation against persons who file complaints is also a violation of laws prohibiting discrimination and will lead to disciplinary action against offenders. Supervisors who knowingly condone, fail to report, or fail to take action to remediate incidents of harassment or intimidation may themselves be subject to discipline.The College encourages individuals to report incidents of sexual harassment regard-less of who the alleged offender may be.  Complainants are assured that problems of this nature will be treated in a confidential manner, subject to the College’s legal obligation to respond appropriately to any and all allegations of sexual harassment. The means by which complaints are resolved can range from informal to formal.

    The College prohibits acts of reprisal against anyone involved in lodging a complaint of sexual harassment.  Conversely, the College considers filing intentionally false reports of sexual harassment a violation of this policy.

    Members of the College community who are the victims of, or who have knowledge of, an incident of sexual harassment or a sexual assault occurring on College property, or occurring in the course of a College sponsored activity, or perpetuated by a member of the College community, are urged to report the incident to campus authorities immediately.

  4. Procedures For Responding To Reports Of Sexual Harassment
    1. The primary purpose of the procedures is to provide:
      1. all members of the College community with a process for reporting sexual harassment in accordance with the policy; and
      2. for prompt and effective response to reports of sexual harassment in accordance with the policy.
    2. These procedures also cover reports of retaliation related to reports of sexual harassment. Any exceptions to these procedures must be approved by the President of the College.
  5. Procedures for Reporting and Responding to Reports of Sexual Harassment
    1. Making Reports of Sexual Harassment. All members of the College community are encouraged to contact the Human Resources Director (Sexual Harassment Officer) if they observe or encounter conduct that may be subject to the College’s Policy on Sexual Harassment. Reports of sexual harassment may be brought to the Human Resources Director, to a human resources coordinator, or to any manager, supervisor, or other designated employee responsible for responding to reports of sexual harassment. If the person to whom harassment normally would be reported is the individual accused of harassment, reports may be made to another manager, supervisor, human resources coordinator, or designated employee. Managers, supervisors, and designated employees shall be required to notify the Human Resources Director or other appropriate official designated to review and investigate sexual harassment complaints when a report is received.
    2. Reports of sexual harassment shall be brought as soon as possible after the alleged conduct occurs, optimally within one year. Prompt reporting will enable the College to investigate the facts, determine the issues, and provide an appropriate remedy or disciplinary action. For reports of sexual harassment brought after one year, the College shall respond to reports of sexual harassment to the greatest extent possible, taking into account the amount of time that has passed since the alleged conduct occurred.
    3. Options for Resolution. Individuals making reports of sexual harassment shall be informed about options for resolving potential violations of the Policy on Sexual Harassment. These options shall include procedures for Early Resolution, procedures for Formal Investigation, and filing complaints or grievances under the applicable College grievance procedures. Individuals making reports also shall be informed about policies applying to confidentiality of reports under this policy (see E. below). The College shall respond to the greatest extent possible to reports of sexual harassment brought anonymously or brought by third parties not directly involved in the harassment. However, the response to such reports may be limited if information contained in the report cannot be verified by independent facts.
    4. Individuals bringing reports of sexual harassment shall be informed about the range of possible outcomes of the report, including interim protections, remedies for the individual harmed by the harassment, and disciplinary actions that might be taken against the accused as a result of the report, including information about the procedures leading to such outcomes.
    5. An individual who is subjected to retaliation (e.g., threats, intimidation, reprisals, or adverse employment or educational actions) for having made a report of sexual harassment in good faith, who assisted someone with a report of sexual harassment, or who participated in any manner in an investigation or resolution of a report of sexual harassment, may make a report of retaliation under these procedures. The report of retaliation shall be treated as a report of sexual harassment and will be subject to the same procedures.
    6. Procedures for Early Resolution. The goal of Early Resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Employees of the College are encouraged to utilize Early Resolution options when the parties desire to resolve the situation cooperatively and/or when a Formal Investigation is not likely to lead to a satisfactory outcome. Early Resolution may include an inquiry into the facts, but typically does not include a formal investigation. Means for Early Resolution shall be flexible and encompass a full range of possible appropriate outcomes. Early Resolution includes options such as mediating an agreement between the parties, separating the parties, referring the parties to counseling programs, negotiating an agreement for disciplinary action, conducting targeted educational and training programs, or providing remedies for the individual harmed by the harassment. Early Resolution also includes options such as discussions with the parties, making recommendations for resolution, and conducting a follow-up review after a period of time to assure that the resolution has been implemented effectively. Early Resolution may be appropriate for responding to anonymous reports and/or third party reports. Steps taken to encourage Early Resolution and agreements reached through early resolution efforts should be documented.
    7. While the College encourages early resolution of a complaint, the College does not require that parties participate in Early Resolution prior to the College’s decision to initiate a formal investigation. Some reports of sexual harassment may not be appropriate for Early Resolution, but may require a formal investigation at the discretion of the Human Resources Director or other appropriate official designated to review and investigate sexual harassment complaints.
    8. Procedures for Formal Investigation. In response to reports of sexual harassment in cases where Early Resolution is inappropriate (such as when the facts are in dispute in reports of serious misconduct, or when reports involve individuals with a pattern of inappropriate behavior or allege criminal acts such as stalking, sexual assault or physical assault) or in cases where Early Resolution is unsuccessful, the College may conduct a Formal Investigation. In such cases, the individual making the report shall be encouraged to file a written request for Formal Investigation. The wishes of the individual making the request shall be considered, but are not determinative, in the decision to initiate a Formal Investigation of a report of sexual harassment. In cases where there is no written request, the Human Resources Director or other appropriate official designated to review and investigate sexual harassment complaints, in consultation with the administration, may initiate a Formal Investigation after making a preliminary inquiry into the facts.  Formal Investigation of reports of sexual harassment shall incorporate the following standards:
      1. The individual(s) accused of conduct violating the Policy on Sexual Harassment shall be provided a copy of the written request for Formal Investigation or otherwise given a full and complete written statement of the allegations, and a copy of the Policy on Sexual Harassment and Procedures for Responding to Reports of Sexual Harassment.
      2. The individual(s) conducting the investigation shall be familiar with the Policy on Sexual Harassment and have training or experience in conducting investigations.
      3. The investigation generally shall include interviews with the parties if available, interviews with other witnesses as needed, and a review of relevant documents as appropriate. Disclosure of facts to parties and witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation shall be advised that maintaining confidentiality is essential to protect the integrity of the investigation.
      4. Upon request, the complainant and the accused may each have a representative present when he or she is interviewed. Other witnesses may have a representative present at the discretion of the investigator or as required by applicable College policy.
      5. At any time during the investigation, the investigator may recommend that interim protections or remedies for the complainant or witnesses be provided by appropriate College officials. These protections or remedies may include separating the parties, placing limitations on contact between the parties, or making alternative working or student housing arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of the Policy on Sexual Harassment.
      6. The investigation shall be completed as promptly as possible and in most cases within 60 working days of the date the request for formal investigation was filed. This deadline may be extended on approval by the College President.
      7. Generally, an investigation should result in a written report that at a minimum includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, findings of fact, and a determination by the investigator as to whether College policy has been violated. The report also may contain a recommendation for actions to resolve the complaint, including educational programs, remedies for the complainant, and a referral to disciplinary procedures as appropriate. The report shall be submitted to the College President to implement the actions necessary to resolve the complaint. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.
      8. The complainant and the accused shall be informed promptly in writing when the investigation is completed. The complainant shall be informed if there were findings made that the policy was or was not violated and of actions taken to resolve the complaint, if any, that are directly related to the complainant, such as an order that the accused not contact the complainant. In accordance with College policies protecting individuals’ privacy, the complainant may generally be notified that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without the consent of the accused.
      9. The complainant and the accused may request a copy of the investigative report pursuant to College policy governing privacy and access to personal information. However, the report shall be redacted to protect the privacy of personal and confidential information regarding all individuals other than the individual requesting the report in accordance with College policy.
  6. Complaints or Grievances Involving Allegations of Sexual Harassment
    1. An individual who believes he or she has been subjected to sexual harassment may file a complaint or grievance pursuant to the College’s Grievance Policy. Such complaint or grievance may be filed either instead of or in addition to making a report of sexual harassment to the Human Resources Director or other appropriate official designated to review and investigate sexual harassment complaints under this policy. A complaint or grievance alleging sexual harassment must meet all the requirements under the applicable grievance procedure, including time limits for filing.
    2. If a complaint or grievance alleging sexual harassment is filed in addition to a report made to the Human Resources Director or other appropriate official designated to review and investigate sexual harassment complaints under this policy, the grievance shall be held in abeyance subject to the requirements of any applicable complaint resolution or grievance procedure, pending the outcome of the Early Resolution or Formal Investigation procedures. If the individual wishes to proceed with the complaint or grievance, the Early Resolution or Formal Investigation shall constitute the Informal Resolution Step of the College’s Grievance Procedure.
    3. An individual who has made a report of sexual harassment also may file a complaint or grievance alleging that the actions taken in response to the report of sexual harassment did not follow College policy. Such a complaint or grievance may not be filed to address a disciplinary sanction imposed upon the accused. Any complaint or grievance regarding the resolution of a report of sexual harassment under this procedure must be filed in a timely manner. The time period for filing begins on the date the individual was notified of the outcome of the sexual harassment investigation or other resolution process pursuant to this policy, and/or of the actions taken by the President in response to the report of sexual harassment, whichever is later.
  7. Remedies and Referral to Disciplinary Procedures
    Findings of violations of the Policy on Sexual Harassment may be considered in determining remedies for individuals harmed by the sexual harassment and shall be referred to applicable disciplinary procedures.  Procedures under this policy shall be coordinated with applicable grievance and disciplinary procedures to avoid duplication in the fact finding process whenever possible. Violations of the policy may include engaging in sexual harassment, retaliating against a complainant reporting sexual harassment, violating interim protections, and filing intentionally false charges of sexual harassment. Investigative reports made pursuant to this policy may be used as evidence in subsequent grievance and disciplinary proceedings as permitted by the applicable procedures.
  8. Privacy
    The College shall protect the privacy of individuals involved in a report of sexual harassment to the extent required by law and College policy. A report of sexual harassment may result in the gathering of extremely sensitive information about individuals in the College community. While such information is considered confidential, College policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual harassment. In such cases, every effort shall be made to redact the records in order to protect the privacy of individuals. An individual who has made a report of sexual harassment may be advised of sanctions imposed against the accused when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). However, information regarding disciplinary action taken against the accused shall not be disclosed without the accused’s consent, unless it is necessary to ensure compliance with the action or the safety of individuals.
  9. Confidentiality of Reports of Sexual Harassment
    The College shall identify confidential resources with whom members of the College community can consult for advice and information regarding making a report of sexual harassment. These resources provide individuals who may be interested in bringing a report of sexual harassment with a safe place to discuss their concerns and learn about the procedures and potential outcomes involved. These resources shall be posted and prominently displayed in common areas. Confidential resources include campus ombudspersons and/or licensed counselors in employee assistance programs or student health services. Individuals who consult with confidential resources shall be advised that their discussions in these settings are not considered reports of sexual harassment and that without additional action by the individual, the discussions will not result in any action by the College to resolve their concerns.

    The College shall notify the College community that certain College employees, such as the Human Resources Director (Sexual Harassment Officer), managers, supervisors, and other designated employees have an obligation to respond to reports of sexual harassment, even if the individual making the report requests that no action be taken. An individual’s requests regarding the confidentiality of reports of sexual harassment will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the College’s legal obligation to ensure a working and learning environment free from sexual harassment and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the College will comply with requests for confidentiality to the extent possible.

  10. Retention of Records Regarding Reports of Sexual Harassment
    The Human Resources office is responsible for maintaining records relating to sexual harassment reports, investigations, and resolutions. Records shall be maintained in accordance with College records policies, generally five years after the date the complaint is resolved. Records may be maintained longer at the discretion of the Human Resources Director in cases where the parties have a continuing affiliation with the College. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from legal counsel.

4.5.2 Other Prohibited Harassment
The College also prohibits other forms of harassment based upon a status protected by law, including harassment based on race, creed, color, national/ethnic origin, ancestry, gender, age sexual orientation, religion, disability veteran or other status protected under RMI and U.S. federal law.

Such harassment may include offensive or degrading jokes, name calling or slurs, unwelcome touching, insults, threats, intimidating conduct, or violent acts, because of or arising out of the person’s protected status.

The College will respond to all complaints of other forms of illegal harassment.  When necessary, the College will institute disciplinary proceedings against the offending individual, which may result in a range of sanctions, up to and including dismissal from the College.

4.5.3 Consensual Relationships
The preservation of an atmosphere of trust, academic freedom, and respect for all members of the College is an essential expectation for the welfare of faculty, staff, and students. Accordingly, College faculty, administrators, and staff members may not engage in romantic or sexual relations with College students. In like manner, employees may not engage in romantic or sexual relations with employees whom they supervise. (Of course, this policy does not apply to married couples.) When romantic or sexual relationships exist between students, faculty, supervisors or employees, where power differentials exist, the opportunity for harassment or misconduct and the appearance of impropriety make such relationships unwise, unethical, and inappropriate. In those cases where there are inappropriate relations as described above, the College will hold employees responsible for all actions related to sexual harassment or misconduct that may result.

Even though power differentials may not exist at the time of any given consensual relationship, difficulties may arise if the faculty member or staff member comes to have a professional responsibility for the student or employee. Faculty and staff should realize that the end of a romantic relationship, even one in which no power differential exists, could be followed by a claim of sexual harassment or misconduct. In such situations, it may be difficult to establish “mutual consent.”

All faculty and staff at the College should understand that romantic or sexual relations with students or employees in violation of this policy may lead to disciplinary action by the College up to and including dismissal, and/ or may lead to legal action by complainants.

4.5.4 Sexual Misconduct Policy

  1. Policy. Sexual misconduct threatens the College’s community of trust because it endangers the physical and emotional safety of its members, offends the dignity and violates the autonomy of its members, and disrupts the academic progress of survivors during their recovery. Sexual misconduct is a serious violation of the community’s trust and will not be tolerated.
  2. Consequences. Sexual misconduct by a student or employee may result in disciplinary action under the College’s policies and procedures and may be prosecuted under RMI criminal statutes. Even if the criminal justice authorities choose not to prosecute, the College can pursue disciplinary action, and such action could result in dismissal from the College. The College encourages all members of its community to be aware of both the consequences of sexual misconduct and the options available to survivors. It is the policy of the College to encourage survivors to report all incidents and violations to the law enforcement officials or agencies with appropriate jurisdiction and avail themselves of all the services and rights to which they are entitled by law.
  3. Definition of Sexual Misconduct. Sexual misconduct is defined as sexual contact without consent, and includes: intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, thighs, or buttocks; rape (sexual intercourse without consent, whether by an acquaintance or a stranger); attempted rape; sodomy (oral sex or anal intercourse) without consent; or sexual penetration with an object without consent. Lack of consent is presumed when the sexual contact is committed either by force, intimidation, deceit, or when the victim is mentally incapacitated or physically helpless.
  4. Verbal Misconduct.  Verbal misconduct, without accompanying physical contact as described above, is not defined as sexual misconduct. Verbal misconduct may constitute sexual harassment, which is also prohibited under College regulations.

4.6 Drug-Free Workplace

4.6.1 General Policy This policy applies to all Employees, including student employees. The College is committed to maintaining a work environment which is drug and alcohol free.  The unlawful and unauthorized use, possession, manufacture, distribution, or sale of controlled substances is prohibited in and on College property and during the performance of one’s duties. Compliance with the College’s Drug and Alcohol Policy is a condition of continued employment.  Violations of this policy will result in disciplinary action, up to and including termination of employment.  An employee who violates the provisions of this policy may be required to successfully complete a drug/alcohol abuse rehabilitation program as an alternative to termination. Accordingly, the President shall establish regulations consistent with the Drug-Free Workplace Act of 1988, hereafter referred to as the “Act”, regarding the unlawful manufacture, distribution, possession or use of a controlled substance in the workplace.  The regulations shall address the need to:
  1. Certify, pursuant to the Act, that the College will provide a drug-free workplace;
  2. Notify employees regarding prohibitions and penalties under the Act;
  3. Notify appropriate agencies regarding workplace violations; and
  4. Establish a drug-free awareness program for employees.
4.6.2 Administrative Regulations
  1. The following definitions are intended to conform to U.S. federal regulations to implement the Act and are subject to change as necessary to maintain consistency with such regulations.
    1. “Drug-Free Workplace” means the site for performance or work done in connection with a specific grant.
    2. “Employee” means the employee directly engaged in the performance of work pursuant to the provision of the grant.
  2. The College will provide the necessary certifications related to the Act to appropriate agencies from whom it receives grants.
  3. The College shall notify employees that it maintains a drug-free workplace where the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited.
    1. That notification will specify that drug abuse in the workplace is prohibited and will specify the actions to be taken against employees who violate the prohibition.
    2. Each employee directly engaged in the performance of any grant subject to the Act will be given a copy of the notification.
    3. The notice will inform these employees that it is a condition of employment that the employee adhere to the requirements of the Act and that he or she must notify the HR Office within five (5) days after any criminal statue conviction occurring in the workplace.
  4. Within ten (10) days after receiving notice of any workplace-related criminal drug statute conviction pursuant to Section c.3 above, the President will notify appropriate agencies from which applicable grants are received. The President or designee shall, within thirty (30) days of receiving notice of such conviction, initiate personnel action or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by an appropriate governmental agency.
  5. The College shall establish a drug-free awareness program for all employees. The program is designed to inform employees about the College’s policy regarding a drug-free workplace, the dangers of drug abuse in the workplace, and any assistance programs and penalties that may be imposed for drug statute conviction.
  6. For all employees, alcohol consumption is prohibited during the workday, including rest periods and meal periods.  Notwithstanding this, there may be occasions, removed from the usual work setting, at which it is permissible to serve and use alcohol in moderation in receptions or similar social settings, when authorized by the College administration.

4.7 Smoking Policy

4.7.1 All Campus Buildings Are Designated As Non-Smoking Buildings.

  1. Tobacco-free environment. The American College Health Association supports the findings of the Surgeon General and acknowledges that any form of tobacco use, whether active or passive, is a significant health hazard. The College realizes that a tobacco-free environment cannot be attained simply or immediately, but we can take some positive steps to ensure a healthier environment. It is our goal to provide a safe, healthy, and comfortable environment in which members of our campus community can live and work. All campus buildings are designated as non-smoking buildings. Based on the recommendations set forth by the ACHA, the following policy is in effect:
    1. Policy. Smoking is permitted only outdoors where ashtrays are present. It is not permissible for students, faculty, staff, or guests to smoke at the entrances of buildings unless stated below.
  2. Responsibility. The success of the Smoking Policy depends on the thoughtfulness, consideration, and cooperation of smokers and non-smokers. Everyone shares responsibility for this policy which will be reviewed on a regular basis. Inquiries should be directed to the Human Resources Office.

4.8 Weapons and Fireworks

4.8.1 Weapons prohibited on campus.
Only Public Safety Officers are allowed to have approved weapons on campus. Weapons of any kind are prohibited on campus.  All fireworks are prohibited on campus unless sanctioned for a campus event. Employees who violate this prohibition may be disciplined and discharged for such conduct.

4.9 Academic Honesty and Integrity

4.9.1 Purpose This policy outlines the principles of academic honesty and integrity and applies to all employees and affiliates of the College, and operates and is applied in accordance with related College policies. 4.9.2 Policy It is the obligation of every CMI employee to uphold academic honesty and integrity in all facets of work. As an academic institute of higher education, it is essential that all members of the CMI community conduct themselves in a manner that preserves the integrity of their work as well as the work of others. Violation of this policy will be taken seriously with penalties up to and including termination of employees. 4.9.3 Application The College recognizes that academic freedom must be exercised with integrity and responsibility by all its employees. 4.9.4 ACADEMIC INTEGRITY “Academic Integrity” refers to the values on which good academic work must be founded: honesty, trust, fairness, respect and responsibility.  Academic integrity includes a commitment not to engage in or tolerate acts of falsification, misrepresentation or deception. Such acts of dishonesty violate the fundamental ethical principles of the College community and compromise the worth of work completed by others. The terms “academic integrity” and “academic honesty” are used interchangeably in this policy. All written work submitted for a course, except for acknowledged quotations, must be expressed in the employee’s own words, with proper referencing and appropriate attribution of borrowed ideas.  This also applies to preparing teaching resources, policy adaptation, reports, institutional/consultancy papers and publishing research. 4.9.5 Academic Dishonesty Academic misconduct occurs where an employee uses dishonest practices (such as cheating or plagiarism) in carrying out academic work (coursework, assignments or examinations), manipulation of student assessments or exam marking that provides an unfair personal gain, sitting an examination or undertaking research work that infringes on intellectual property.
  1. Plagiarism Plagiarism is the act of copying or stealing someone else’s words or ideas and passing them off as your own work.
    1. An example of plagiarism is when you copy a paper from the Internet or a person, put your name on it and turn it in as if you wrote it.
    2. An example of plagiarism is when you buy a term paper or essay written by someone else and attempt to use it as your own.
    3. An example of plagiarism is putting in your own words another person’s ideas without correctly attributing the source or research text.
    Plagiarism may include, but is not limited to the following:
    2. Copying of the published or unpublished words or research of another writer including students without acknowledging the source using acceptable reference citation methods. Thus, to; ‘cut and paste’ from internet sources or ‘lift’ sentences, ideas and sections from a textual source qualifies as plagiarism.
    3. Lifting or cutting and pasting extracts without quotation marks or appropriate acknowledgement of sources.
    4. Paraphrasing of content and ideas without proper acknowledgement of the source.
    5. The use of images, diagrams, photographs and material from blogs and social networks or other sources, without acknowledgement.
    6. Improper use of student research.
    7. List in another person who did not significantly contribute to writing of the paper.
  2. Collusion Collusion means working with someone else to deceive or mislead to gain an unfair advantage. It includes;
    • Submission of a paper that has been written by an author other than the author credited for that piece of writing. This includes the use of paid services of a student, or any other person that has been solicited for that purpose.
    • Facilitating or enabling another person to plagiarize in any way.
    • Altering any official records of the College without proper authorization.
  3. Cheating Cheating involves acting in any way that directly contradicts accepted academic principles.Cheating includes but is not limited to:
    • Doing anything to give/gain an unfair or illicit academic advantage in an examination;
    • Enabling a student to cheat in a test or examination;
    • Manipulation of scores in tests or examination or in any other form of assessment;
    • Enabling any student to receive an unfair personal gain/advantage in any or a combination of any of the above.
    • Falsifying data related to student performance.
4.9.6 Penalties
  1. Proven cases of academic misconduct under this policy is subject to corrective action as outlined in Chapter 4 of the Human Resources Handbook. The penalties imposed under this policy may vary, based on the seriousness of the case including the impact on the College’s reputation. Minor academic offenses by employees are dealt with by the immediate Supervisor and the relevant Administrator.
  2. The sanctions for academic dishonesty can also include cancellation of any College- endorsed works and or funds awarded which was found to be associated with the offense;
  3. In severe cases, an employee’s conduct may lead to immediate discharge in accordance with provisions of the Employee Discipline policy. In cases of major academic offenses, the employee may be terminated for “cause” by the President.
  4. Minor offenses affect the operations and /or reputation of the Department. Major offenses affect the operation and/or the reputation of the College.
4.9.7 Scope All employees of the College are covered under this policy. 4.9.8 Authority
  1. The immediate Supervisor and the relevant Administrator is the ultimate authority for decisions related to minor violations of this policy by employees of the College.
  2. The President is the ultimate authority for decisions related to major violations of this policy by employees of the College.
Sources: http://www.yourdictionary.com/plagiarism- Retrieved August 12th, 2016. https://www.coursehero.com/file/p2n2ea7/Your-course-coordinator-will-not-mark-any-assignment-received-after-the-final

4.10 Conflict of Interest

4.10.1 Purpose
To establish rules of ethical conduct for College employees which ensure that their private interests do not conflict or appear to conflict with their duties and responsibilities at the College.

4.10.2 Scope
All College employees.

4.10.3 Definitions

Word/Term Definition
Conflict of Interest
Any situation where personal interests of employees may be incompatible or in conflict with their responsibilities as College employees, and includes actual, potential or perceived conflicts of interest.
Private Interest
Business, commercial or financial interest

4.10.4 Policy
The College expects its employees to act in ways that preserve and enhance the reputation and business integrity of the College. Employees, their spouses and their dependents should not have private interests that could conflict or appear to conflict with the discharge of employees’ official duties.

4.10.5 Provisions for Employees

  1. Upon joining the College and subsequently as and when necessary, employees, at their own initiative, are required to disclose in writing to their immediate supervisor any private interest which could be construed to be in actual or potential conflict of interest.
  2. No conflict should exist or appear to exist between the private interests and activities of employees and their official duties at the College. Employees are under an obligation to manage their affairs so that no conflict of interest arises.
  3. Employees who:
    1. are elected to office in a constituency organization within the college,
    2. hold an outside office, or outside employment should not place themselves in a conflict of interest situation or in a position which raises doubts about their capacity to perform their official duties in an objective manner.

4.10.6 Example of actual Conflict of Interest
The following represents behaviors which are in direct conflict of interest with College activities.  The list is not intended to be exhaustive.  In the event that an employee is uncertain if a conflict exists, he or she should utilize the provisions of section 4.10.8c of this policy.

No employee shall:

  1. market for personal gain the result of College-sponsored activities except where a written agreement has been reached with the College through the immediate supervisor and approved by the President.
  2. use College resources (for example, facilities, materials, staff time or services) for private interest without the prior approval of the immediate supervisor. If permission is granted to pursue such activity, the College is to secure adequate compensation.
  3. acquire or dispose of College equipment or property for private interest.
  4. use the College name or processes to acquire equipment or property for private interest.
  5. use or communicate information privy to the College for private use. This does not include the incidental reporting in conversations, lectures, articles, books or other means of communication of work in progress.
  6. associate the name of the College with any outside activity or business venture or use the College address or telephone number for such a purpose.
  7. associate their position held at the College with any political activity.
  8. compete directly with the College in the provision of services or products under the College’s mandate. Any activity deemed to represent economic competition will not be allowed.
  9. own, be in a partnership or otherwise be materially involved with an outside person, agent, competitor, business, contractor or supplier that deals or competes directly or indirectly with the College.
  10. participate in any way in the selection, performance appraisal, demotion, transfer, promotion, discipline or termination of members of their family.
  11. accept personal gifts of products or services or other such benefits which may compromise, or give the appearance of compromising objectivity in carrying out their job.
  12. provide in the performance of their duties, preferential treatment to relatives or friends or to organizations in which they or their relatives or friends have an interest, financial or otherwise.

4.10.7 Employee Awareness

  1. Each employee will receive the College Conflict of Interest policy in their offer of employment letter. New employees will be asked to sign the Conflict of Interest Certificate of Compliance form which acknowledges that they have received and read the Conflict of Interest policy. If new employees declare any outside office or employment, Human Resources will review the declaration as that office or employment may present a contravention of this policy.
  2. As part of the performance review of employees, managers will review the conflict of interest policy and request individual employees to acknowledge that they are aware of the policy and are not currently in a conflict of interest situation. If employees believe they may be in a conflict of interest situation, they are to complete the Declaration of Conflicts of Interest form.

4.10.8 Assessment and resolution

  1. The College requires full disclosure of information of its employees of private interests which could be construed to be actual or potential conflicts of interest. Initial disclosure of the relationship is not considered adequate.
  2. Where it is determined that a real conflict exists, the College will respond within a reasonable length of time advising of the necessary action to avoid, withdraw from, or otherwise resolve the situation.
  3. Where employees are uncertain if a conflict exists, the onus is on the employee to raise the potential conflict with their immediate supervisor. Employees are required to notify their immediate supervisors of private interests which could be construed to be actual or potential conflicts of interest.  All notification should be in writing, giving full disclosure of information regarding activities of conflict or potential conflict of interest.  For the purposes of making a determination under this policy, the College may request additional information.
  4. The supervisor will respond in writing within twenty (20) workings days to the employee’s potential conflict of interest. If the supervisor cannot provide a definite answer to the employee’s potential conflict of interest, or further investigation if required, he/she should so inform the employee and provide a date by which the issue will be expected to be resolved.
  5. Should the supervisor need assistance to determine whether a conflict of interest exists, the supervisor will seek clarification through the appropriate Vice President and the Director, Human Resources. Should ambiguity still exist, the immediate supervisor may file an assessment with the Vice President, Administration.
  6. If a conflict is deemed not to exist, the employee will be informed in writing and a copy sent to the Human Resources for the employee’s file.
  7. If a conflict is deemed to exist, the employee will be informed in writing and the supervisor will advise the employee of the necessary action to be taken to avoid, withdraw from, or otherwise resolve the situation. A copy will be sent to the Human Resources for the employee’s file.
  8. After a conflict of interest has been deemed to exist, the supervisor will hold a follow-up session with the employee to ensure compliance with this policy.
  9. Where the supervisor or other College official becomes aware of a potential conflict of interest, the immediate supervisor will contact the employee concerned to obtain clarification of the activities in question. The employee will provide full disclosure of information about the private interest which has been construed as a potential conflict of interest.  The supervisor will respond as described in section 4.10.12.  An employee who is in a conflict of interest situation and has failed to disclose it may be subject to disciplinary sanctions, up to and including the termination of employment.

4.10.9 Review of supervisor’s decision
An employee may request a review of the supervisor’s decision about the potential conflict of interest to the next level of management.  This review will be requested in writing and a written decision will be provided to the employee within twenty (20) working days.

 4.10.10 Failure to comply

  1. Failure to comply with this policy will result in disciplinary action, up to and including termination.
  2. In the interest of avoiding real and potential conflict of interest situations, the College requires full disclosure of information. Failure to provide adequate information when requested to do so may result in disciplinary action, up to and including termination.

4.10.11 Process
The required actions and form of investigation will in all cases depend on the circumstances, taking into consideration the nature of the conflict of interest.   In some cases, not all steps will be required and in other cases, additional steps may be taken.

4.10.12 Procedure

Action Responsibility
New Employees
Request new employees to sign the Conflict of Interest Certificate of Compliance Form 4.10A to acknowledge that they have received and read the Conflict of Interest policy.
Human Resources
Complete the Declaration of Conflicts of Interest Form 4.10B to declare a potential or perceived conflict of interest and return to Human Resources within fifteen (15) days of receiving the documentation.
Human Resources
Complete the Declaration of Conflicts of Interest form (Appendix 2) to declare a potential or perceived conflict of interest and return to Human Resources within fifteen (15) days of receiving the documentation.
New employee
Review the declarations submitted by new employees, consulting with the hiring manager or appropriate vice-president, as needed.
Human Resources
Inform the new employee and the immediate supervisor in writing within twenty (20) working days if a real conflict exists, and advise of the necessary action to resolve the conflict of interest.
Human Resources
Action Responsibility
Existing Employees
Review the Conflict of Interest policy as part of the annual performance review, or as required.
Immediate Supervisor and Employee
Complete the Declaration of Conflicts of Interest Form 4.10B to declare a potential or perceived conflict of interest.
Employee
Review the Declaration submitted by the employee consulting with the immediate supervisor or appropriate Vice-President, as needed.
Human Resources
Review the declarations submitted by new employees, consulting with the hiring manager or appropriate vice-president, as needed.
Human Resources
Contact the employee to ensure full disclosure and/or clarification of activities that have been reported as a potential conflict of interest. Disciplinary sanctions may result where the employee does not fully or accurately disclose information.
Immediate Supervisor
Inform the employee in writing within twenty (20) working days of the necessary action to be taken if the employee is in a potential or actual conflict of interest.
Immediate supervisor in consultation with appropriate Vice President or Human Resources
Request a review in writing of the supervisor’s decision of the potential or actual conflict of interest and the actions to be taken to the next level of management if in disagreement with the decision.
Employee
Provide a written decision within twenty (20) working days to the employee requesting a review of a conflict of interest decision.
Immediate supervisor’s supervisor

Acknowledgement:
This policy was adapted with permission from Algonquin College, Ottawa, Ontario, Canada www.algonquincollege.om

Student Essentials

On Campus

Connect

Get Help

  • PO Box 1258
  • Majuro, Republic of the Marshall Islands
  • 96960
  • +692 625 3394
  • info@cmi.edu

Quick Links

External Links

© College of the Marshall Islands. All rights reserved.
Facebook Youtube
Request Assistance
Login