CHAPTER V

HUMAN RESOURCES

B5.1 Statement of Ethics for Faculty, Exempt and Nonexempt Staff: It is the policy of Del Mar College to apply the highest ethical standards to all members of the College community, including the Board of Regents, administration, staff, and faculty, in achieving its mission and in managing its resources efficiently and effectively to reach its goals and objectives.

B5.1.1 Protection of Rights and Development: College policies and practices that protect the rights and development of each individual in the College community shall be enforced.  Protection from unlawful discrimination, including conduct that constitutes sexual harassment, and freedom to develop as a student and/or College employee shall be promoted.

B5.1.2 Acceptance of Responsibilities: Del Mar College accepts its responsibilities to its students, to its employees, and to the members of the community.  The College district is committed to meet these responsibilities with balance, fairness, accountability, and ethical integrity.

 A5.2 Employee Classification: "Employee classification" and "employee group" are synonymous terms. The term "regular" refers to budgeted half-time (1/2-time), three-quarter-time (3/4-time), and full-time positions. All employees of Del Mar College are employed in one of the categories listed below: A5.2.1 Faculty: The term "faculty" means personnel with specialized training in these respective fields: teaching, counseling, and librarianship.
  A5.2.1.1 Ranked faculty are tenure-track full-time regular teachers, counselors, or librarians who hold a continuing budgeted position within a department as Instructor, Assistant Professor, Associate Professor, or Professor. Ranked faculty are eligible for tenure and promotion upon fulfillment of the appropriate requirements.

A5.2.1.2  Unranked faculty are non-tenure-track faculty, Academic Fellows, and Assistant Instructors. Unranked faculty are not eligible for tenure or rank.
 

A5.2.1.2.1  Assistant Instructors are persons contracted to assist with the instructional process.   A5.2.1.2.2 Academic Fellows are persons contracted under the Academic Fellowship program and are teachers of record for assigned classes.

A5.2.1.2.3 Adjunct faculty are persons contracted to teach a specific class or classes for a specific enrollment period on a part-time basis.

  A5.2.2 Exempt Personnel: Exempt personnel include non-faculty employees in administrative and professional positions having duties and responsibilities which involve administration and supervision in the management and direction of a division or department, and such other positions as are approved by the President and which meet the FLSA standards for exemption from overtime, not including faculty.

A5.2.3 Nonexempt Personnel: Personnel in positions which have been graded within the College's classification system and which do not meet the FLSA standards for exemption from overtime.

A5.2.4 Unclassified Personnel: Personnel paid on an hourly basis, serving in a support or office function in a position that has not been placed within the clerical or support classification systems.
 

A5.2.4.1 Regular Unclassified: Personnel, paid on an hourly basis, serving in a support or office function in a position that has not been placed within the clerical or support classification systems.

A5.2.4.2 Occasional Part-Time Unclassified: Personnel, paid on an hourly basis, serving in a support or office function on an occasional and part-time basis, as needed.

A5.2.4.3 Student Workers: Students who are participating in the College Work-Study Program or Student Assistants Program. These programs are coordinated by the Financial Aid Office.

 B5.3 Employment Practices: Del Mar College is an Equal Opportunity/Affirmative Action Employer. It does not discriminate on the basis of race, color, sex, age, national origin, religion, handicap, or any other constitutionally or statutorily impermissible reason. B5.3.1 The District's Complaint Coordinator: The District designates the employee who at any time is employed in the position of Equity and Human Resources Officer as the District's Complaint Coordinator,  who shall coordinate and oversee the District's efforts to comply with:
  B5.3.1.1 Title VII of the Civil Rights Act of 1964, 42 USC 2000e, et seq, as amended, and its progeny and implementing regulations;

B5.3.1.2 Title IX of the Education Amendments of 1972, 20 USC 1681(a) et seq, as amended, and its progeny and implementing regulations;

B5.3.1.3 Title II of the Americans with Disabilities Act of 1990, 42 USC 12101-12117, as amended, and its progeny and implementing regulations; and

B5.3.1.4 Texas Commission on Human Rights Act of 1983, Chapter 21, Texas Labor Code, as amended, and its progeny and implementing regulations.
 

 B5.3.2 The District's Assistant Complaint Coordinator:  The District designates the employee who at any time is employed in the position of Dean of Student Development as the District's Assistant Complaint Coordinator, who shall assist the Complaint Coordinator in the performance of duties.

B5.3.3 Obligation of Notification: The President of the College is charged with the obligation of notifying all employees of the name, office address, and telephone number of the Complaint Coordinator and the Assistant Complaint Coordinator.

 B5.4 Affirmative Action Policy: The purpose of the Affirmative Action Program is to comply with the requirements of Executive Orders 11246, 11375, future orders or statutes, and to provide equal opportunity in a results-oriented system of employment and all other personnel functions at Del Mar College. B5.4.1 Commitment/Obligation: The Board of Regents and the President of the College recognize a moral commitment and a legal obligation to provide equal opportunity in promotion for all employees and in employment of applicants in compliance with Executive Orders 11246 and 11315, the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and Revised Order No. 4, the Rehabilitation Act of 1973, and the Veterans' Readjustment Act of 1974.

B5.4.2 Goals: The College will seek actively to increase the number of qualified minority personnel at all levels by taking affirmative action in order that applicants and employees are treated without regard to race, color, sex, age, national origin, religion, handicap, or any other constitutionally or statutorily impermissible reason.
 

B5.4.2.1 Affirmative action efforts, based on the personal commitments of administrators, faculty, and supervisory staff, will be continuous; progress will be monitored through an accountability system.

B5.4.2.2 Efforts will be made at all levels of the College to develop support for the philosophy and implementation of the Affirmative Action Policy.

B5.4.2.3 From time to time the Board will approve recommended goals for faculty hiring by discipline. Such goals will become a part of this policy and will be filed in the documents section of the Official Minutes Book of the Board.

B5.4.2.4 For some disciplines the next available position should remain open until the applicant pool includes qualified minority candidates. "Position to remain open" means that if no minority applies during the first advertisement, the College may extend the filing deadline or re-advertise the position. The President will direct the application of this policy in such a manner that no position remains open to the detriment of the students.
 

 B5.4.3 Responsibility: Overall responsibility for the program rests with the President of the College, who will be aided by the Vice Presidents, Deans, Department Chairs, and other supervisory personnel. The Equity and Human Resources Office has the responsibility for monitoring the program with the assistance of the Affirmative Action Committee.

B5.4.4 Practices: In its continuing efforts to be a fair employer, the College will be guided by the following equal employment practices:
 

B5.4.4.1 The College will provide qualified applicants an opportunity to enter, and continue in, College employment without regard to race, color, sex, age, national origin, religion, handicap, or any other constitutionally or statutorily impermissible reason.

B5.4.4.2 The College will seek to employ that person who is best qualified and who is most suited for a particular position.

B5.4.4.3 The College will endeavor to compensate each employee in an equitable manner in line with approved job duties and responsibilities.

B5.4.4.4 The College will not exclude a handicapped person who is qualified from participating in, deny the benefits of, or otherwise subject such a person to discrimination in employment or in the programs and activities of the College. In addition, the College will comply with the provisions of the Americans With Disabilities Act.

B5.4.4.5 The College will give special emphasis in employment of veterans when two (2) or more applicants for employment possess equal qualifications.

B5.4.4.6 The College will endeavor, whenever consistent with other provisions of the policy, to give priority to Del Mar employees who apply for vacant positions and, to this end, may first consider promotion of employees from within before announcing employment opportunities to the public.

B5.4.4.7 To increase diversity in the work force, the President may choose to promote from within, using any procedures the President deems appropriate and consistent with the intent of this policy.
 

 B5.4.5 Application to Situations: The Affirmative Action Policy shall apply, but not be limited, to the following situations: employment, promotion, upgrading, demotion, reassignment, recruitment and recruitment advertising, lay-off or termination (except as otherwise provided by other policies of the Board of Regents), rates of pay or other forms of compensation, and selection of training, including apprenticeships. B5.5 College Academic Fellowship Program: The purpose of the Del Mar College Academic Fellowship Program is to recruit and develop a cadre of qualified individuals who have limited experience in college teaching, counseling, and librarianship. A5.5.1 Goals: The College will seek to actively recruit and hire a limited number of individuals on a one-year appointment.
  A5.5.1.1 Efforts will be made at all levels of the College to develop support for the philosophy, implementation, and operation of the Fellowship Program. A5.5.2 Responsibility:It shall be the responsibility of each department to notify administration annually of any anticipated vacancies eligible for the program by submitting a request each year prior to the anticipated employment date.  Based on anticipated faculty vacancies and the College's efforts to improve the recruitment of qualified individuals with limited experience in college teaching, the President, the Vice President of Instruction, and the instructional deans will determine annually programs and disciplines that may recruit for an Academic Fellow.
  A5.5.2.1 The respective department will provide a job description for each projected vacancy for recruitment purposes.   A5.5.2.2 The respective department will assign a mentor to each participant.   A5.5.2.3 The respective department will develop a plan for teaching effectiveness.

A5.5.2.4 The respective department will evaluate participants in accordance with the College's annual faculty evaluation procedures.
 

 A5.5.3 Selection Process: The selection process will be in accordance with Del Mar College screening process B6.16.
  A5.5.3.1 The committee will screen and recommend to the President candidates for hire.

A5.5.3.2 Any applicant having more than three years of full-time college teaching, counseling, or librarianship experience will not be eligible to participate in the program.

  A5.5.4 Advertising:The program will be advertised widely including through minority and women's publications. Written and personal contact will be made with selected graduate programs that have a substantial minority enrollment.

A5.5.5 Fellowship Employees: All Academic Fellows employed under the Fellowship Program will be classified as instructors of record.

A5.5.6 Condition of Employment: Based on the department's recommendation and continued need, an Academic Fellow may be offered an expiring term contract (nine [9] or twelve [12] months) on an annual basis up to a maximum of three years.

A5.5.7 Salary Range: The salary range will be comparable to that of similar positions within the faculty or academic staff structure.
 

A5.5.7.1 Academic Fellows assigned to teach will be paid on the same scale as term instructors.

A5.5.7.2 Academic Fellows will be entitled to the same fringe benefits provided for all other full-time temporary employees.
 

 A5.5.8 Conversion to Tenure-Track Status: An Academic Fellow may be considered for noncompetitive conversion to tenure-track faculty status based upon previous competition for an Academic Fellow appointment.  Conversion is at the sole election of the College and there must be approval of a tenure-track position.  To be elibible for consideration to converted tenure-track status, the Academic Fellow must not have a break in service with the College under the Academic Fellow appointment and must have demonstrated teaching competency during employment as an Academic Fellow and receive recommendation from the department chair.  Academic Fellows, either expressly or by implication, do not have a right of conversion to tenure-track faculty status or any expectancy of continued employment beyond an expiring term appointment.  Any such conversion is subject to and contingent upon an offer of a probationary tenure-track appointment by the College President.  Number of years of service as an Academic Fellow is not transferable upon the College President's offer, and an Academic Fellow's acceptance, of a probationary tenure-track appointment.  Creditable years of service related to salary, promotion, and tenure must be accrued while in a probationary tenure-track status. B5.6 Selection Procedures: The Administration shall develop policies and procedures for the recruitment and employment of personnel in order to meet the needs of the College and to comply with the Affirmative Action Policy. A5.6.1 Scope of Search: Nonexempt personnel will normally be recruited from within the Corpus Christi area. In an effort to provide an opportunity to obtain applications from minorities, the search for faculty and exempt personnel normally will be conducted statewide and/or nationwide.

A5.6.2 Personnel Requisition/Position Justification: The first step in recruitment will be the completion of a "Personnel Requisition" form and a "Position Justification" form by the supervisor or the Dean, as appropriate. The forms should be completed in duplicate, with the original sent to the Office of Human Resources and the copy retained by the originator.

A5.6.3 Advertisements: Upon receipt of the above named forms, after justification has been verified (for both new employees and replacements) and budgetary provisions have been made, the Office of Human Resources will advertise the position.
 

A5.6.3.1 The job announcement will include, at least, (1) listing with the Texas Employment Commission, (2) advertising through the College Relations Office in the local newspaper with the advertising charged to the appropriate division (optional for nonexempt personnel), (3) listing with appropriate community action agencies, and (4) posting on appropriate bulletin boards.

A5.6.3.2 In addition, the Dean, Department Chair, or supervisor may contact possible sources of professional applicants, particularly minority applicants, both within and outside the State.  These College officers may advertise in national publications of the appropriate discipline.

A5.6.3.3 All listings will specify reasonable and pertinent minimum requirements for the position, but may include preferred qualifications.

A5.6.3.4 The Office of Human Resources will respond to unsolicited applications for professional positions and keep credentials on file for at least six (6) months.
 

 A5.6.4 Applications: Applicants should complete the standard College application form available in the Office of Human Resources, where all applications for employment are processed.

A5.6.5 Selection Guidelines: Credentials of applicants meeting minimum job requirements will be referred to the supervisor, Department Chair, or Dean for careful screening and thorough documentation and for interview and selection.
 

A5.6.5.1 Records should include a listing of all applicants, an accurate recording of the qualifications of each applicant, and the reasons for the selection of the successful applicant on the basis of qualifications relevant to the position and on the basis of nondiscrimination in accordance with the terms of the Affirmative Action Policy.

A5.6.5.2 The appropriate Vice President, the Equity and Human Resources Officer, and the President will review recommendations for employment.

A5.6.5.3 Once the President has approved the recommendation in writing, the supervisor, Chair, or Dean will confer with the Director of Human Resources about informal notification of both the successful and unsuccessful applicants.

A5.6.5.4 The Director of Human Resources will formally notify all unsuccessful applicants of the status of their applications and retain their credentials in the Director's office.
 

 A5.6.6 Contracts/Records: The Office of Human Resources will prepare a contract for full-time faculty and exempt personnel. An Employment and Change of Status form will be used to initiate the hiring or change of status exempt personnel, nonexempt personnel, full-time faculty, and unclassified part-time hourly personnel.  The Office of Human Resources will create a personnel file, which includes transcripts, letters of recommendation, copies of appointment papers, salary sheets, and application for employment. B5.7 Restrictions/Relatives: Spouses and relatives to the second degree, by blood, shall not be employed in positions resulting in a supervisory-subordinate relationship.

A5.8 Qualification Testing: Appropriate tests may be required to determine qualifications of applicants.

A5.9 Employment Physical Examination Policy:

A5.9.1 Requirements: A job-related physical examination, including X-rays and laboratory studies by a physician designated by the College, is required of candidates selected for positions classified as labor intensive. All offers of employment shall be conditional upon the results of the physical examination.

A5.9.2 Purpose: Physical examinations will not be the sole basis for making personnel decisions. The purpose of these examinations shall be to determine if candidates are reasonably able to perform the duties of the position for which they have applied. No qualified handicapped individual shall, solely by reason of handicap, be excluded from employment, in accordance with State and federal law. Del Mar College will not engage in unlawful discrimination against the handicapped.

A5.9.3 Labor Intensive Positions:  Positions classified as labor intensive are those positions that may require extensive manual labor such as frequent lifting or handling of equipment.
 

A5.9.3.1 The following positions are categorized as labor intensive: audio visual clerk, a/c helper, custodian, carpenter, delivery person, electronic technician, electrician, general foreman, general maintenance mechanic, equipment manager, hvac mechanic, painter, plumber, custodian foreman, superintendent, storekeeper, warehouse foreman, warehouse worker, yard worker, and all other positions that may be designated by the College as labor intensive.


A5.9.4 Procedure: The Office of Human Resources will be responsible for scheduling new employment physical examinations for top candidates.
 

A5.9.4.1 Upon completion of the Physical Examination Consent form, top candidates will be scheduled for a new employment examination.

A5.9.4.2 Results of the examination will remain confidential and shall be available only to those College officials with bona fide need for such information.

A5.9.4.3 Upon written request to the Director of Human Resources, an applicant will be given the results of the applicant's new employment examination.

A5.9.4.4 Back X-rays (3 views) and chest X-rays (AP and lateral) will be required of top candidates for any position classified as labor intensive. Upon the discretion of the College's designated physician and confirmation of the Director of Human Resources, a five (5) view X-ray may be taken.

A5.9.4.5 Top candidates will be required to comply with the recommendations of the College's designated physician as a condition of employment.

A5.9.4.6 The College's designated physician will make a recommendation to the Director of Human Resources with respect to handicapped individuals as to whether or not the top candidate is reasonably capable of performing all the essential elements of the job, and if not, whether or not reasonable accommodation to a candidate's handicap can be made so that with such accommodation the top candidate can perform all the essential elements of the job.

 B5.10 Types of Contractual Relationships Permitted: B5.10.1 Continuing Contract: An employee who receives a continuing contract shall be entitled to continue in the employ of the District, without the necessity of annual reappointment, until such time as the employee elects to resign or retire, all in accord with the then existing Board Policy. Continuing Contracts may be issued only to full-time, tenured faculty members.

B5.10.2 Renewing Term Contract: An employee who receives a Renewing Term Contract shall be a year-to-year (contract year) employee of the District whose contract shall continue on a contract year-to-year basis until such time as the employee is discharged for good cause, is nonrenewed, or is granted tenure by the District, or the employee elects to resign or retire, all in accord with the then existing Board Policy. Renewing Term Contracts may be issued only to full-time, non-tenured faculty members. If the employee is not given written notice by the President in accord with the policy on non-reappointment of probationary faculty, then his contract shall automatically be renewed for another contract year.

B5.10.3 Expiring-Term Contract: An employee who receives an Expiring-Term Contract shall have no right, expectancy, claim, or entitlement to employment beyond the period of time specified in the contract. The contract will lapse, terminate, and expire at the end of the specified term, and employment will discontinue, unless the contract is sooner terminated by the discharge for cause, resignation, or retirement of the employee in accord with the then existing Board Policy. Academic Fellows, Assistant Instructors, term faculty (non-tenure track), and Exempt personnel are customarily employed under an expiring term contract basis.
 

B5.10.3.1 Full-time Exempt personnel on an expiring term contract will be notified by the President, no later than April 15 of each calendar year, of their appointment status for the forthcoming academic year.  Further, contracts will be distributed no later than May 15 of the calendar year.
  A5.10.3.1.1. To initiate a recommendation for an expiring term contract for the forthcoming year, supervisors must provide a signed performance evaluation of Exempt employees and a recommendation of employment status to the President by March 15 of the calendar year.


B5.10.3.2 Notification for assistant instructor and term faculty can be found in B6.6.7, and in  B6.5.3  for probationary faculty.


B5.10.4 Month-to-Month Employment: An employee who is employed on a month-to-month basis shall have no right, expectancy, claim, or entitlement to continued employment by the District. The employee may be discharged for good cause at any time, with pay ceasing upon the day of such discharge. The employee may be released from employment with or without good cause, upon delivery to the employee of two (2) weeks' notice by the employee's immediate supervisor or one-half (1/2) month's pay. Regular nonexempt personnel in positions that are classified by grade are customarily employed on a month-to-month basis.

B5.10.5 At-Will Employment: An employee who is employed on an at-will basis shall be employed for an unspecified length of time; shall serve solely at the will of the District; and shall have no right, expectancy, claim, or entitlement to continued employment by the District. The employee's employment may be terminated at any time upon one (1) day's notice to the employee by the immediate supervisor. Adjunct faculty, regular unclassified personnel, hourly personnel, and occasional part-time personnel are customarily employed on an at-will basis.

 B5.11 Universal Conditions of Employment: B5.11.1 Contractual Relationship: The contractual relationship between the District and each employee of the District is subject to all State and federal laws, Board Policy, and Administrative Policy as they presently exist or as they may be modified or amended from time to time and at any time hereafter. All contracts between the District and each employee of the District shall be subject to the condition hereto stated and all written contracts shall include this condition either by restatement or incorporation by reference.

B5.11.2 Assignment and Reassignment: Subject to the limitations imposed in Chapter VI, the President of the College shall have full power and authority at any time and from time to time to assign or reassign any employee of the District to any position which the President deems to be in the best interest of the District. Reassignment during a contract period shall be accomplished without reduction in salary or benefits for the reminder of such contract period only.

B5.11.3 Discharge Appeals: No employee shall be discharged, terminated, released, or discontinued from the employ of the District for any reason which is prohibited by the constitutions, statutes, or common law of the United States or the State of Texas. If an employee believes that he or she has been terminated in violation of this paragraph, that employee shall be entitled to contest such decision by the timely filing of a Discharge Appeal Form in accord with paragraph B5.12.2.2.1. Such Contest Form shall contain a clear and concise statement of the facts, circumstances, and grounds upon which such employee relies to support such charge. Such charge shall be processed as provided in paragraphs B5.12.2.2 through B5.12.2.8 below.

B5.11.4 Reasons for Discharge:  Any employee may be discharged at any time and salary payments stopped for any one or more of the reasons hereafter listed which shall constitute good cause for discharge:
 

B5.11.4.1 Unprofessional conduct.
. B5.11.4.2 Sexual harassment of an employee, student, or applicant for a position or program at the College, or retaliation against a person for complaining of sexual harassment or for cooperating in an investigation of alleged sexual harassment. (For a statement of College policy and complaint procedures relating to sexual harassment, see B5.42.) B5.11.4.3 Incompetence.

B5.11.4.4 Insubordination.

B5.11.4.5 Conviction of any felony.
 

 B5.11.4.6 Repeated failure to comply with official directives, established Board Policy, or Administrative Policy.

B5.11.4.7 Physical or mental incapacity preventing performance of the contract of employment.

B5.11.4.8 Repeated, willful, and serious dereliction of duty.
 

 B5.11.4.9 Assault of an employee of the District, a student of the District, or a parent or legal guardian of a student of the District.

B5.11.4.10 Violation of the District's Drugs and Alcohol Policy.
 

 B5.11.4.11 Deliberate violation of another's civil rights while performing assigned duties.

B5.11.4.12 Reduction in force as provided in Board Policy (B6.6).
 

 B5.11.4.13 Failure to report for duty after all leave has been exhausted.

B5.11.4.14 Deliberate falsification of  information contained in the employee's application for employment.

B5.11.4.15 Deliberate falsification of any document in connection with employee's employment relationship with the District or in connection with any District activity.
 

         B5.11.4.16 Theft of District property.
  B5.11.4.17 Driving a College vehicle while legally intoxicated or after using any illegal drugs.   B5.11.5 Grounds for Nonrenewal: The reasons hereafter stated shall constitute sufficient grounds (good cause) for nonrenewal of any employee employed under a Renewing Term Contract and the discharge of any employee employed under an Expiring-Term Contract or Month-to-Month relationship, to-wit:
  B5.11.5.1 Any reason enumerated in paragraph B5.11.4 above.  
B5.11.5.2 Failure to comply with established Board Policies or Administrative Policies.

B5.11.5.3 Failure to correct deficiencies pointed out in written formal evaluations, supplemental memoranda, or other communications.

B5.11.5.4 Excessive unexcused absences.

  
B5.11.5.5 Removing District property, records, or confidential information from the District premises without proper authority.

B5.11.5.6 Refusal, failure, neglect, or inability to perform duties, responsibilities, or work assignments.

B5.11.5.7 Reprehensible conduct including excessive abusive and/or foul language.

B5.11.5.8 Failure or refusal to comply with reasonable District professional requirements regarding professional improvement and growth.

B5.11.5.9 Conducting personal economic affairs during work hours.

B5.11.5.10 Reasons specified in the employee's employment contract reflecting special conditions of employment.

B5.11.5.11 Deliberate misrepresentation of facts to a supervisor or District official in the conduct of District business.

B5.11.5.12 Services no longer required.

  
B5.11.5.13 Inefficiency or incompetency in the performance of duties. B5.12 Discharge, Nonrenewal, Termination, Release, or Discontinuance of Employment: B5.12.1 Discharge of Tenured Faculty and Nonrenewal of Tenure-Track Faculty:
  B5.12.1.1 The Department Chair, Dean, or the Vice President of Instruction and Student Development may initiate proceedings to discharge or nonrenew, as the case may be, a faculty member.

B5.12.1.2 Faculty members desiring to contest such action shall proceed directly under the District's Procedure for Dismissal for Cause of Faculty Policy (B6.7).
 

 B5.12.2 Discharge of Expiring-Term and Month-to-Month Employee:
  B5.12.2.1 The immediate supervisor or any other superordinate in the chain of authority (hereafter called "Initiator") of any Expiring-Term or Month-to-Month employee ("employee") may institute the discharge of any subordinate for any permissible reason stated in these policies by submitting such recommendation in writing to the Initiator's immediate supervisor. The recommendation shall set forth all relevant factual material upon which the recommendation is based. A copy of such recommendation shall be forwarded to the employee.

B5.12.2.2 Employees desiring to contest such proposed discharge must proceed as follows:
 

B5.12.2.2.1 Step One: The employee must file a Discharge Appeal Form (hereafter called "Contest Form") with the immediate supervisor of the Initiator (hereafter called "First Reviewer") within five (5) days after receipt of notice of proposed discharge.  Such Contest Form is available in the Office of Human Resources. The First Reviewer shall conduct a hearing on the matter in accord with the hearing procedure described in paragraph B5.12.2.6 below and render a written decision to the employee and the Initiator within ten (10) days after completion of the hearing.

B5.12.2.2.2 Step Two: If the employee or the Initiator desires to contest the decision of the First Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the First Reviewer, file written notice of appeal with the immediate supervisor of the First Reviewer (hereafter called "Second Reviewer"). The Second Reviewer shall conduct a review of the record made by the First Reviewer and render a written decision to the employee and the Initiator within ten (10) days after receipt of such notice of appeal.

B5.12.2.2.3 Step Three: If the employee or the Initiator desires to contest the decision of the Second Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Second Reviewer, file notice of appeal with the immediate supervisor of the Second Reviewer (hereafter called "Third Reviewer"). The Third Reviewer shall conduct a review of the record made by the First Reviewer and the decision of the Second Reviewer and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.

B5.12.2.2.4 Step Four: If the employee or the Initiator desires to contest the decision of the Third Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Third Reviewer, file notice of appeal with the immediate supervisor of the Third Reviewer (hereafter called "Fourth Reviewer"). The Fourth Reviewer shall conduct a review of the record made by the First Reviewer and the decisions of the Second and Third Reviewers and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.

B5.12.2.2.5 Step Five: If the employee or the Initiator desires to contest the decision of the Fourth Reviewer the employee or Initiator must, within two (2) days of receipt of the decision of the Fourth Reviewer, file notice of appeal with the immediate supervisor of the Fourth Reviewer (hereafter called "Fifth Reviewer"). The Fifth Reviewer shall conduct a review of the record made by the First Reviewer and the decisions of the Second, Third, and Fourth Reviewers and render a written decision to the employee and Initiator within ten (10) days after receipt of such notice of appeal.
 

 B5.12.2.3 If, at any time during the appeal process, the employee or Initiator fails to timely perfect notice of appeal to the next reviewer, the decision of the last reviewer shall be final, binding, and non-appealable.

B5.12.2.4 During the pendency of the appeal process, the employee may be suspended with or without pay upon the recommendation of the Initiator or at the election of any reviewer in the appeal process. If a final decision is rendered in favor of any employee who has been suspended without pay, then any pay withheld shall be restored to such employee .

B5.12.2.5 If the last day of the required time falls on a Saturday, Sunday, or College holiday, then the time shall be automatically extended until 5 p.m. of the next College workday. Extension of time limits for any step may be authorized by the President of the College upon written request of any party involved.

B5.12.2.6 The procedure for conducting the hearing required in paragraph B5.12.2.2.1 above shall be as follows:
 

B5.12.2.6.1 The hearing shall be held within fifteen (15) days after receipt of the Contest Form, unless the parties mutually agree to a delay.

B5.12.2.6.2 The employee shall be given notice of the hearing date, as well as the names of any witnesses who may be relied upon by the Initiator and a general statement of the nature of the testimony of each.

B5.12.2.6.3 The hearing shall be conducted privately unless the employee requests that it be open. If the hearing is conducted privately, only the First Reviewer, the employee, the Initiator, and their representatives and witnesses may be present. Witnesses may be excluded from the hearing until it is their turn to present evidence. The employee and the Initiator may each be represented by a person designated in writing to act for them. Notice, at least two (2) days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.

B5.12.2.6.4 The reviewer shall control the conduct of the hearing, the general order of which shall be as follows:
 

B5.12.2.6.4.1 The Initiator shall present such proof by documents or testimony that the Initiator desires to offer.

B5.12.2.6.4.2 The employee may cross-examine any witnesses offered by the Initiator.

B5.12.2.6.4.3 The employee may present such testimony or documents as desired to support the employee's position or to rebut that of the Initiator.

B5.12.2.6.4.4 The Initiator may cross-examine any witnesses offered by the employee and offer rebuttal testimony to any of the employee's witnesses.

B5.12.2.6.4.5 Closing arguments may be made by each party.
 

 B5.12.2.6.5 A record of the hearing shall be made so that it may be forwarded to the next reviewer, if appropriate.

B5.12.2.6.6 The reviewer shall render a decision within ten (10) days after completion of the hearing and deliver a copy to the employee and the Initiator.
 

 B5.12.2.7 At one of the steps in the foregoing process the Reviewer may be the President of Del Mar College (hereafter called "President"). When the President renders a decision with respect to an employee employed on a month-to-month basis, the process terminates and the decision of the President is final, binding, and non-appealable.

B5.12.2.8 Except as stated in paragraph B5.12.2.7 above, at one of the steps in the foregoing process, the Reviewer may be the Board of Regents of Del Mar College (hereafter called "Board"). When the Board renders its decision, the process terminates and the decision of the Board is final, binding, and non-appealable.
 

 B5.12.3 Release or Discontinuance of Employment of Expiring-Term and Month-to-Month Employees:
  B5.12.3.1 The proposed release or discontinuance of employment of any month-to-month employee shall be reviewed by the immediate supervisor's supervisor and the President. The decision of the President is final, binding, and non-appealable.

B5.12.3.2 The proposed discontinuance of employment of any employee employed under an Expiring-Term contract shall be reviewed by the President of the College. The decision of the President is final, binding, and non-appealable.

 A5.13 Job Duties and Responsibilities: Employees are expected to know and perform the duties and responsibilities of their position in a timely and professional manner.
A5.13.1 Instructional Faculty Schedules: Revisions Adopted April 26, 2006 Instructional faculty begin duty each fall term on the Faculty Return Day for the fall semester.  Work schedules for instructional faculty resume for the spring semester on the spring Faculty Return Day and carry through the date of commencement in May or the date that grades are due in the Office of Admissions and Registrar, whichever is later, as posted in the College’s Academic Master Calendar.  Instructional Department Chairpersons who are appointed for a 12-month period will work during all weeks that College campuses are open, excluding approved vacation leave.
A5.14 Attendance and Punctuality: Employees are expected to be in attendance and to be punctual on their scheduled work days. Employees who are unable to be present on a scheduled work day must notify their supervisor.
A5.14.1 Employees are responsible for making decisions about their own health and safety.  When employees makes a personal decision to not report to work when an official delay or closure has not been announced, the employees must notify their supervisors of any delays in their arrival and/or any absences in accordance with applicable department procedures and College policies.  Employees are expected to take leave in accordance with College policy under these circumstances and supervisors are not required to offer alternate work schedules for such employees under these circumstances.
A5.14.2 When the College President or designated official determines that continued operations of the College may affect the safety of employees who are at work and authorizes the dismissal of employees who are at work, those employees who are at work and who are dismissed will be eligible for authorized administrative absence.
 A5.14.2.1  The College President or designee may grant administrative leave with pay for faculty, exempt, and nonexempt employees in regular budgeted College positions when their absence from work is caused by an officially designated delay or closure.

 A5.14.2.2  Since the employee’s absence from work must be caused by the College, employees in an approved leave status during an officially designated delay or closure are not entitled to this type of administrative leave with pay and must use another type of applicable leave as approved, including but not limited to personal, sick leave, vacation, or leave without pay, during the pre-approved hours only.

 A5.14.2.3  Non-faculty, part-time, hourly, at-will employees are not eligible for administrative leave with pay and are only paid for actual hours of work performed on the College campus in support of a sponsored college activity.

 A5.14.2.4  All eligible college employees who are required to report their actual hours worked on an official time sheet will designate such administrative leave with pay on the College’s official form by designating a “m” and submitting it for approval using the College’s approved procedures.

A5.14.3 Supervisors may require employees to be on-call while serving in an administrative leave with pay status.  When in an on-call status, employees may be required to inform their supervisors as to how they can be reached in an emergency.

A5.14.4 A College supervisor may direct certain critical employees to remain at and/or return to work during an approved delay and/or closure.  Under extenuating circumstances, a supervisor may direct off-duty employees to return to work while on vacation and/or personal leave during an approved delay and/or closure.  These employees are in a recall status.

 A5.14.4.1  Generally, Exempt employees and faculty are not entitled to or eligible for additional recall pay and are paid at their normal rate of pay as specified under their existing contract and/or agreement.

 A5.14.4.2  Non-exempt employees are eligible for recall pay, to the extent applicable and as specified in this procedure.  To compensate eligible non-exempt employees for the inconvenience of remaining or returning to work during an approved delay or closure, the College guarantees a minimum of four hours of pay (even if less time is required to complete the job) calculated at the employee’s computed overtime rate for the four hours or for the actual hours worked, whichever is greater.  Time spent by the employee in route to or from the work site in response to a recall is not calculated as actual hours worked and is not included for the purpose of compensation.

A5.14.5 When a delay and/or closure is officially over, all employees are expected to report to work in accordance with this policy and/or other applicable College policies.
A5.15 WorkDay and Work Week: Revisions Adopted April 26, 2006 Although the actual number of hours per day and days per week scheduled to be worked will vary among employees in order to meet the needs of the College, the following definitions will apply in computing the actual number of hours of vacation and leave time accrued and used by exempt and nonexempt personnel, counselors, librarians, and department chairpersons. A5.15.1 Work Day: A work day consists of the equivalent of eight (8) working hours for a full-time employee, six (6) working hours for a three-quarter-time (3/4-time) employee, and four (4) working hours for a half-time employee.   A5.15.2 Work Week: A work week consists of forty (40) working hours for a full-time employee, thirty (30) working hours for a three-quarter-time (3/4-time) employee, and twenty (20) working hours for a half-time (½-time) employee. B5.16 Authorization of Insurance and Annuity Products:  Except for Internal Revenue Code Section 403(b) tax sheltered annuity and mutual fund products, described in Tex. Rev. Civ. Stat. Ann. Art. 6228a-5 (Vernon Supp. 1999), no insurance or annuity products may be offered to employees of Del Mar College in connection with any Del Mar College sponsored benefit program unless first submitted to and authorized for sale by Del Mar College in accordance with existing Board policies.  Authorization by Del Mar College for sale to its employees does not constitute endorsement of such products by the College.  Companies and persons desiring to submit matters for consideration by the Insurance and Benefits Committee should do so in writing before February 15th of each year.

B5.17 Group Medical and Hospitalization Insurance: Effective September 1, 2003, all eligible employees are provided group medical and hospitalization insurance benefits through the State Employee Retirement System (ERS) on the first day of the calendar month that begins after the first 90 days of eligible employment (Texas Insurance Code, sec. 1551.105).  All regular employees who work half-time (½-time) or more and who meet requirements for membership in the Teacher Retirement System are eligible.  Effective September 1, 2004, an adjunct faculty member is eligible to participate in the Group Benefits Program if the adjunct faculty meets the qualifications of Texas Insurance Code sec. 1551.1021.  Adjunct faculty participation is offered at the adjunct’s full expense.  College funds will not be used to pay premiums for adjunct faculty or dependents.

B5.17.1 Dependents: Employees who want their eligible dependents to be covered must make the additional payments for the coverage and comply with policies and procedures as established by Employee Retirement System.
A5.17.2 Enrollment: Before the end of ninety (90) days of employment, employees should enroll themselves and/or their dependents at the Office of Human Resources. Further information is supplied by this office.

A.5.17.3 Adjuncts: An adjunct faculty is eligible to participate in the Group Benefits Program if the faculty member:

A5.17.3.1  receives compensation from Del Mar College as an adjunct faculty member;

A5.17.3.2  has taught at least one course in each fall and spring semester at Del Mar College in each of the preceding three academic years; and

A5.17.3.3  is scheduled to teach at least 12 semester credit hours in the academic year of coverage, or if also employed to perform non-teaching duties, is scheduled to teach at least six semester credit hours in the academic year of coverage and has been approved by Del Mar College to participate in the Group Benefits Program.

A5.17.4 Discontinuance:When a regular employee loses coverage under the Group Benefits Program or an adjunct faculty’s assigned courses are ended, the employee has the opportunity to temporarily extend medical coverage through COBRA.
B5.18 Health Maintenance Organization Option: In lieu of group medical and hospitalization benefits, an eligible employee may choose an approved health maintenance organization, if any are available, in accordance with ERS policies and procedures.  Coverage for eligible dependents must be under the same plan as the employee.

B5.19 Term Life Insurance: Each eligible employee is provided group term life insurance in the amount equal to one (1) times annual salary as defined by ERS, and a like amount of coverage is provided for accidental death and dismemberment.

B5.19.1 Employee Supplemental Coverage: Within thirty (30) days of employment, eligible employees have the option of adding supplemental term life insurance at the employee's expense.

A5.19.2 Optional Coverage: The employee may opt for a second (2nd) times annual salary without evidence of insurability. The options for third (3rd) and fourth (4th) times annual salary may be subject to evidence of insurability. ERS policies and procedures apply.

A5.19.3 Dependent Coverage: Group term life insurance is available in the amount of $5,000 for spouse and/or $5,000 for eligible dependents at a nominal cost to the employee.

 B5.20 Long-Term Disability/Income Replacement: The College will provide long-term disability insurance as per ERS policies and procedures.

B5.21 Other Optional Benefits: The Board authorizes optional benefits, at employee expense, as follows:

B5.21.1 Other ERS Offered Optional Benefits: Other employee benefit programs such as short term disability/income replacement and dental insurance are available at the employee's option and expense. These ERS benefit programs as currently offered and as approved in the future are ERS mandated options to all eligible employees.

B5.21.2 Other College-Offered Optional Benefits: Additional employee benefit programs such as universal life insurance are available at the employee's option and expense. Additional benefit programs may be offered with approval of the College President and the Employee Retirement System.

 B5.22 Participation of Companies in Optional Retirement Program: Supervision of operation of the Optional Retirement Program has been delegated, at the State level, to the Coordinating Board. Following are the procedures for designating companies eligible for participation in ORP. B5.22.1 Current Eligibility: Once a company has been declared eligible by the College to participate, it will remain eligible as long as it continues to meet the requirements of the College and the Coordinating Board.

B5.22.2 Future Eligibility: Deadline for applications is June 30 of each year.
 

A5.22.2.1 Items required for qualification should be sent to the Director of Human Resources.

A5.22.2.2 Participating companies should provide their own application forms; a suitable form of Salary Reduction Agreement is available from the Human Resources Office.

A5.22.2.3 Required assurances must be signed by an official who is authorized to contract for the company.

A5.22.2.4 Companies desiring to modify an approved annuity contract, or a custodial account agreement, must submit the changes proposed to the College for review and approval prior to soliciting business with the modified contract.
 

 B5.22.3 Qualifications: Companies qualifying must submit suitable evidence that the company is approved by the State Department of Insurance to do business in Texas and that the company has on file with the State Department of Insurance a master contract which is approved for selling fixed or variable annuities and which meets the requirements of Sections 403(b) and 401(g) of the Internal Revenue Code, as amended. With respect to custodial accounts for regulated investment company stock, an applicant mutual fund must furnish evidence that it is registered under the Investment Company Act of 1940 and that its securities (1) are registered under the Securities Act of 1933 and (2) are qualified, or otherwise registered, for sale by the Texas Securities Board, and that all distributions will be made in conformance with the dealer registration requirements of the Texas Securities Act. The custodial account holding mutual funds must comply with Sections 403(b)(7) and 401 (f)(2) of the Internal Revenue Code.
  B5.22.3.1 Copies of these contracts shall be sent to the Office of Human Resources for review and approval by the College attorney for the purpose of assuring that the provisions essential to income tax deferment under Sections 403(b) and 401(g), or Sections 403(b)(7) and 401(f)(2), Internal Revenue Code, are included.

B5.22.3.2 If a variable annuity contract is offered, the company must submit suitable evidence that (1) an exception from the Federal Investment Company Act of 1940 has been obtained, or (2) it has complied with Securities Exchange Commission Regulation Section 270.6c7, exempting registered separate accounts offering variable annuity contracts to participants in the Texas Optional Retirement Program. Any group variable annuity product offered shall be fully qualified under the provisions of the Texas Insurance Code.
 

 B5.22.4 Agreements: Companies must agree in writing to the following provisions:
  B5.22.4.1 While employed by the College, employees will not be permitted to obtain policy loans or otherwise obtain money from the Optional Retirement Program contract except upon attainment of age 70-1/2.

B5.22.4.2 Benefits from the contract will be paid only upon suitable proof that the employee has died, retired, attained the age 70-1/2, or is no longer employed in an eligible institution of higher education in Texas. A change of company or a participant's transfer between institutions is not termination of employment.

B5.22.4.3 Contributions by the employee and the State shall be in amounts equal to those authorized or required by law.

B5.22.4.4 The State's first-year contributions, or fractional part thereof, will be refunded in full to the College in the event the employee does not begin a second (2nd) consecutive year of covered employment.

B5.22.4.5 The annuity commencement date, or distribution date, will be at an age specified by the participant, there being no "normal" retirement age at the College, provided that such date complies with the restrictions on distributions from an Optional Retirement Program under Section 830.001 et seq., Title 8 of Government Code, Vernon's Texas Codes Annotated, as amended, and with the distribution requirements for a tax-sheltered annuity under Section 403(b) of the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder.

B5.22.4.6 Proposed modifications of previously approved contracts or new contract forms will be offered to College employees only after submission to and approval by the State Board of Insurance or the Texas Securities Board. The contracts will be amended or suitable endorsements will be prepared to reflect changes in requirements of State and federal laws, and evidence of such changes will be provided to the Dean of Administrative Services on a timely basis.
 

 B5.22.5 Rules/Regulations: Companies must comply with Rules and Regulations of the Administrative Council and Texas State College and University Employees Uniform Insurance Benefits Act, including periodic reporting to the College and the employee.

B5.22.6 Failure to Comply: Companies that do not comply with present or future requirements of the Coordinating Board will not be eligible to solicit additional business from College personnel.

A5.22.7 List of Approved Companies: Names of companies approved to participate in the Optional Retirement Program at Del Mar College are available in the Office of Human Resources.

A5.22.8 Solicitation: In compliance with the requirements of the Administrative Council and the Texas Higher Education Coordinating Board, Del Mar College has established the following procedures relative to solicitation practices.
 

A5.22.8.1 Representatives from approved companies shall be permitted to make sales presentations to eligible employees on the premises of Del Mar College, but only at the employee's request and at a time that does not interfere with the employee's duties; as guests of the employee and the administration, the representatives shall abide by the institution's applicable rules and regulations.

A5.22.8.2 Providing of gifts and monetary rewards directly or indirectly by representatives of approved companies for information on newly hired employees is prohibited.

A5.22.8.3 Representatives of approved companies shall be responsible for providing appropriate sales literature and service at locations as designated by the Del Mar College administration. Campus bulk mailing or telephone campaigning is prohibited.

A5.22.8.4 Del Mar College reserves the right to restrict solicitation privileges of representatives from approved companies based on violations of solicitation regulations of this section and the applicable rules and regulations of the College.
 

 B5.22.9 Report to Participant: Companies who enroll Optional Retirement Program participants and receive contributions must submit, at least annually, a report to each participant containing the following:
  B5.22.9.1 For fixed annuity accounts: Name and address of participant; identifying number; total payments received this reporting period; expense charges this reporting period; net payments this reporting period; total value of account at end of this reporting period; interest rate or rates paid on this account from the previous reporting period to the current reporting period and where multilevel rates of interest were paid on account, a breakdown showing the amount in the participant's account at each level, the amount of interest earned at each interest level, and the rates of interest; net cash surrender value of account at the end of this reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of this reporting period.

B5.22.9.2 For variable annuity and custodial accounts: Name and address of participant; identifying number; total payments received this reporting period; units of each fund or investment or account purchased this reporting period; total units of each fund or investment or account in the account at end of this reporting period; value of unit of each fund or investment or account at end of this reporting period; total value of account at end of this reporting period; and net cash surrender value of account at end of this reporting period reflecting all potential charges against the account if it were surrendered for cash as of the last day of this reporting period.

B5.22.9.3 In addition to the reports required by Sections B5.22.9.1 and B5.22.9.2, such companies must submit, at least quarterly, a report to each participant confirming the date and amount of funds received during the reporting period. Also, such companies must immediately upon execution of a transfer from one fund or investment or account to another fund or investment or account, submit a confirmation to the participant of the transfer, including a statement of charges made for the transfer, if any.

 B5.23 Annual Report to the College: Companies who receive Optional Retirement Program contributions during any year must submit at the end of that year a report to Del Mar College, showing the current status of all active participant accounts.

B5.24 Payment to Carriers: Optional Retirement Program payments shall be forwarded to participating companies within ten (10) business days of the legal availability of funds. Where possible, the State's share of the payment will be forwarded with the employee's share to which it applies. When that is not possible, the employee's share will be forwarded upon withholding and the State's share forwarded upon receipt.

B5.25 Retirement Provisions: There is no mandatory retirement age in effect for Del Mar College employees. Faculty and administrators are expected to give their supervisors six (6) months' notice prior to retirement. Other employees should give a minimum of three (3) months notice prior to retirement.

B5.25.1 Social Security: Social Security (FICA) is withheld from the salary of all full-time regular employees as specified by law. Unless a part-time employee is a participant in either (1) the Teacher Retirement system, or (2) the Del Mar College District Retirement Plan for Part-Time Employees. FICA tax will be withheld from the employee's salary as specified by law.
  A5.25.1.1 The Medicare portion of FICA will be withheld from the salary of certain part-time employees who are participants in one of the plans named above.

A5.25.1.2 Salary deduction will be made each month until the maximum salary specified by law is reached; thereafter there will be no Social Security deduction made for the remainder of the calendar year.

A5.25.1.3 A Social Security Account Number should be shown on form W-4 exactly as recorded on the employee's Social Security Identification. The local Social Security Office has forms to apply for an account number, to obtain a duplicate, or to request a name change.
 

 B5.25.2 Teacher Retirement: After the first 90 days of eligible employment [Texas Government Code, sec. 812.003 subsec. (e)], teacher retirement is withheld from the pay of employees who meet the eligibility requirements as determined by the Teacher Retirement System. The percentage rate of salary paid by the employee shall be in conformity with State requirements. Details are available in the Office of Human Resources.
  A5.25.2.1 Forms are available in the Payroll Office for change of beneficiary, change of name, or withdrawal of funds upon termination of employment.

A5.25.2.2 An annual accounting of funds on deposit is sent each employee during the fall of each year.
 

 B5.25.3 Optional Retirement: Pursuant to Chapter 830, Government Code, Vernon's Texas Code Annotated, Section 830.001 et. seq., an Optional Retirement Program, in lieu of Texas Teacher Retirement, is available to eligible faculty members and administrators after the first 90 days of eligible employment under the following rules, regulations, and procedures.
  B5.25.3.1 Employees electing to participate in the Optional Retirement Program shall select a company approved by the College.
  A5.25.3.1.1 An employee who elects to participate in the Optional Retirement Program may select only one company at a time to receive contributions under the Optional Retirement Program.

A5.25.3.1.2 An eligible employee may change the College-approved company selected to receive contributions under the Optional Retirement Program, but such change can only be effective for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first day of a calendar month. The employee must complete and submit an appropriate company change form to the Payroll Office no later than the 15th day of the month preceding the effective date of the change.
 

 A5.25.3.2 Within the ninety (90) days following the date of eligibility, employees must elect to participate or not to participate in the Optional Retirement Plan. An eligible person who does not elect to participate in the Optional Retirement Program is considered to have chosen to continue membership in the Teacher Retirement System.  Failure to elect ORP during the 90-day election period will require an individual to remain in TRS for the remainder of his/her employment in Texas public higher education.  The ORP election process will not be considered complete until a copy of the selected carrier election form is given to Human Resources personnel.

A5.25.3.3 The amounts deducted from the employee's salary and the State's matching portion shall be in conformity with State requirements.

A5.25.3.4 The tax status of contributions to the Optional Retirement Program is governed by relevant rulings of the Internal Revenue Service.

A5.25.3.5 Compliance with the terms and provisions of the act and with prescribed rules and regulations of the Texas Department of Insurance, the Texas State Securities Board, and Del Mar College is required.

A5.25.3.6 The following types of employees are eligible to participate in the Optional Retirement Program: all full-time faculty members and exempt personnel who are appointed for at least four-and-one-half (4-½) months as head of a major function of the College and/or are in a policy-setting position. A full-time person who enters the program while employed in an eligible position may remain a participant if the employee assumes a position not eligible. To be eligible to participate in the Optional Retirement Program, an employee must be described in Section 25.72(a) and Section 1.16, "Optional Retirement Program Eligibility," Rules and Regulations of the Administrative Council, Texas Higher Education Coordinating Board, as amended.

A5.25.3.7 Employees electing to participate in the Optional Retirement Program must:
 

A5.25.3.7.1 complete Teacher Retirement System forms entitled Notice of Election to Participate in Optional Retirement Program (TRS 28) and Application for Refund of Participants in Optional Retirement Program (TRS 29), thereby forfeiting and relinquishing, upon withdrawal of funds, all rights as a member of the Teacher Retirement System;

A5.25.3.7.2 sign the appropriate Optional Retirement Program form to indicate choice of participating company; and

A5.25.3.7.3 complete the application form, obtained from the participating company by the employee, and forward it through the Office of Human Resources.
 

 A5.25.3.8 Prior to final authorization for a payroll change, faculty members choosing the Optional Retirement Program should consult the Subcommittee for Advice on the Merits of Optional Retirement and Texas Retirement System and also sign a waiver of membership in the Texas Retirement System in the Payroll Office. B5.26 Tax Deferred Annuities or Custodial Account: The College and its employees may enter into agreements to purchase tax deferred annuity contracts or custodial accounts with respect to the employees under Section 403(b) of the Internal Revenue Code of 1986, as amended. A5.26.1 Ownership of Each Contract or Custodial Account: The ownership of each contract or custodial account must be vested in the employee, and it must not be forfeitable or transferable (except to the issuer) by the employee.

A5.26.2 Premiums Payable on the Annuity Contract: The salary of each employee electing to purchase an annuity contract or custodial account will be reduced by the amount of the premiums payable on the annuity contract, or the amount invested in the custodial account, provided that such amount may not exceed the maximum which may be excluded from gross income under Section 402(g), Section 403(b), and Section 415 of the Internal Revenue Code of 1986, as amended.

A5.26.3 Purchasing Tax Deferred Annuity Contracts or Custodial Accounts: Tax deferred annuity contracts or custodial accounts may be purchased from a College-approved company selected by the employee provided that such annuity contract or custodial account is described in Article 6228a-5, Vernon's Ann. Tx. Civ. St., as amended, and qualifies under Section 403(b) of the Internal Revenue Code of 1986, as amended, and has been approved by the College.  An employee may select only one company at a time to receive contributions under the Tax Sheltered Annuity Program and may change the company selected to receive contributions, but such change can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first (1st) day of a calendar month.  The employee must complete and submit an appropriate company change form to the Payroll Office no later than the fifteenth (15th) day of the month preceding the effective date of the change.

A5.26.4 Wage Reduction Agreement: Each employee electing to contribute an amount to purchase a tax deferred annuity contract or custodial account, or electing to change or terminate the amount to be contributed to such contractor account shall sign a salary or wage reduction agreement which can be effective only for contributions made after the date written notice of the change is given to the College, and it can begin only as of the first day of a calendar month. The amount to be contributed shall not exceed the exclusion allowance permitted by the Internal Revenue Code of 1986, as amended. The employee must complete and submit an appropriate form to the Payroll Office no later than the fifteenth (15 th) day of the month preceding the effective date of the change.

 B5.27 Sick Leave: In this formalized sick leave plan, five (5) days of  leave are considered to be a working week, as provided by Internal Revenue Code, Section 105(d). The College grants sick leave to employees in regularly budgeted full-time positions and regularly budgeted half-time positions of twenty (20) or more hours per week, and to full-time term employees whose term is for one (1) semester or longer. A5.27.1 Reasons:Such leave may be taken for a variety of reasons, including illness or medical condition, appointment with a doctor or dentist, emergency care for members of the employee's immediate family, childbirth (employee or spouse), and death in the family (personal attendance).  Employees must notify supervisors of non-emergency sick leave absence in advance or as soon as practical.
  A5.27.1.1 Any employee who is absent because of a death in the immediate family may be granted a reasonable amount of the employee's accumulated sick leave.

A5.27.1.2 The amount of sick leave used because of a death in the immediate family is not to exceed five (5) working days in each case, unless additional time is granted by written request to the President of the College.
 

 B5.27.2 Accrual: For record accounting purposes, the sick-leave year extends from September 1 through August 31; unused sick leave will be posted to each individual record up to the maximum allowable on a monthly basis.
  B5.27.2.1 Regular full-time employees accrue one-and-one-fourth (1-1/4) days paid sick leave for each month worked for a maximum of 120 working days.

B5.27.2.2 Employees hired in a half-time or greater regularly budgeted position earn an amount based on the percentage of full time worked per week.

B5.27.2.3 Nine-, ten-, and eleven-month (9-, 10-, and 11-) employees working additional periods during the summer may use and accrue sick leave during the period of time they are working, with such use being governed by the usual provisions stated elsewhere in this policy. For accumulation purposes, the nine-weeks' (9-weeks') evening term in the summer shall be considered equivalent to one six-weeks' (6-weeks') day term.

B5.27.2.4 The maximum days of accumulation per year are as follows: nine-month employees--11 and 1/4 days; ten-month employees--12 and ½ days; eleven-month employees--13 and 3/4 days; and twelve-month employees--15 days.

B5.27.2.5 Employees who are new to the system must have reported for duty before the provisions of the sick-leave policy can be applied.

B5.27.2.6 An employee does not accumulate sick leave during a leave of absence, nor does the employee lose accumulated sick leave while on leave.
 

 B5.27.3 Unused Sick Leave: Provisions for disposition of unused sick leave are as follows:
  B5.27.3.1 Up to eighty (80) days of unused sick leave may be paid to an employee upon retirement from the College with at least ten (10) years of service in a regularly budgeted half-time (½-time) or greater position at Del Mar College and with eligibility for normal age retirement or early age service retirement under the definitions as set forth by the regulations of the Teacher Retirement System (TRS).  Unless provided by the grant or contract, employees hired in grant-funded or contract-funded positions for half-time or greater are not eligible for payment of unused sick leave upon retirement.

B5.27.3.2 An employee who is placed on modified service (less than full-time employment) at or after age sixty-five (65) or upon completion of twenty-five (25) years of service shall have cumulative sick pay valued on the basis of the salary actually existing at the time of placement on modified service; payment shall be made only at the time of retirement from regular employment at the College.

B5.27.3.3 Upon proper certification of disability by the family physician, cumulative sick-leave pay because of disability retirement will be allowed at any age on the same basis as the employee who is placed on modified service.

B5.27.3.4 If an employee dies while actively employed, the value of unused sick leave shall be paid to the designated beneficiary, as stated for Teacher Retirement/ORP benefits, or to that employee's estate if no beneficiary has been named.

B5.27.3.5 Any termination of employment, other than for retirement, instigated by the employee eliminates participation in unused sick-leave pay as provided above.

B5.27.3.6 If an employee is dismissed and does not retire, as previously defined, any unused sick leave is forfeited.

B5.27.3.7 The amount of money that an employee shall receive under the provisions above shall be calculated as follow:
 

B5.27.3.7.1 To determine the dollar value of accumulated sick leave, the daily pay rate is multiplied by the number of days of accumulated sick leave.

B5.27.3.7.2 To determine the daily rate of pay, an annual nine-months' (9-months') salary is divided by 180 days, a ten-months' (10-months') salary is divided by 200 days, an eleven-months' (11-months') salary is divided by 220 days, and a twelve-months' (12-months') salary is divided by 240 days.
 

 B5.27.4 Emergency Leave: Written application may be made to the President for necessary emergency and urgent absences not provided for in the sick leave policy.
  B5.27.4.1 Such absences, if approved, will be charged against sick leave.

B5.27.4.2 Deductions for any absences not approved or not provided for in the policy will be made at the daily rate of pay as calculated above.
 

 B5.27.5 Family And Medical Leave Act of 1993 Policy: Effective August 5, 1993, pursuant to the Family and Medical Leave Act of 1993 ("FMLA"), eligible employees (as defined below) are entitled to a total of twelve (12) work weeks of unpaid leave during a twelve (12) month period (the "Leave Year") when leave is taken for one or more of the following reasons:
  (a) Because of a serious health condition that makes the employee unable to perform the function of such employee; (b) The birth of a child of an employee and to care for the child; (c) The placement of a son or daughter with an employee for adoption or foster care; (d) To care for the spouse, son, daughter, or parent of an employee, if the family member has a serious health condition.
B5.27.5.1 Definitions: For purposes of FMLA leave, the following definitions shall apply:
B5.27.5.1.1 Eligible Employee: An employee who has been working for the District for at least twelve (12) months before the leave request and who has worked at least 1,250 hours during that time.

B5.27.5.1.2 Leave Year: The twelve (12) month Leave Year under this policy shall begin on September 1 and terminate on August 31.

B5.27.5.1.3 Health Care Provider:
 

(a) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by State of Texas; or (b) Any other person capable of providing health care services as listed as follows: (1) podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of  the spine to correct a supplexation as demonstrated by X-ray to exist) authorized to practice in the State of Texas and performing within the scope of their practices defined under Texas law; (2) nurse practitioners and nurse midwives who are authorized to practice under Texas law and who are performing within the scope of their practice as defined under Texas law, and (3) Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. B5.27.5.1.4 Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves (a) any period of incapacity or treatment in connection or consequent to inpatient care (for example, an overnight stay) in a hospital, hospice, or residential medical care facility, (b) any period of incapacity requiring absence from work or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by a health care provider, or (c) continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or so serious that if not treated would likely result in a period of incapacity of more than three (3) calendar days; or for prenatal care.

B5.27.5.1.5 Intermittent Leave: Leave taken in separate blocks of time due to a single illness or injury, including leave periods from an hour or more to several weeks.

B5.27.5.1.6 Reduced Leave Schedule: Leave schedule that reduces an eligible employee's usual number of working hours per work week or hours per work day, for example, a change in the eligible employee's schedule for a period of time, normally from full-time to part-time.
 

 B5.27.5.2 Maintenance of Employment Benefits: During any period that an eligible employee takes FMLA leave, the District shall maintain coverage under any group health plan for the duration of such leave of the level and under the conditions coverage would have been provided if the eligible employee had continued in employment continuously for the duration of such leave.         B5.27.5.3 Notice Requirements for Eligible Employees:
  B5.27.5.3.1 If the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the eligible employee or a family member, an eligible employee must provide the District with at least thirty (30) days' advance notice before FMLA leave is to begin.

B5.27.5.3.2 If thirty (30) days' notice is not practicable, such as because of lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or medical emergency, notice must be given as soon as practical.
 

 B5.27.5.4 Request for Intermittent Leave or Leave on a Reduced Leave Schedule:
  B5.27.5.4.1 FMLA leave may be taken intermittently or on a reduced leave schedule for birth or placement of a child for adoption or foster care or to care for a family member or for an employee's own serious health condition when medically necessary.

B5.27.5.4.2 If the eligible employee asks for intermittent leave or leave on a reduced leave schedule which is medically necessary, the eligible employee shall advise the District, upon request, of the reasons why the intermittent or reduced leave schedule is
necessary and of the schedule for treatment, if applicable. The District and the eligible employee shall attempt to work out a schedule that meets the District's needs without unduly disrupting the District's operations, subject to the approval of the health care provider.

B5.27.5.4.3 If the eligible employee requests intermittent leave or leave on a reduced schedule that is foreseeable based on planned medical treatment, including during a period of recovery from a serious health condition, the District may require the eligible employee to transfer temporarily to an available alternative position for which the eligible employee is qualified and which better accommodates recurring periods of leave than does the eligible employee's regular position.
 

 B5.27.5.5 Medical Certification Requirements: In case of an eligible employee's request for leave to care for the eligible employee's seriously ill spouse, son, daughter, or parent, or due to the eligible employee's own serious health condition that makes the eligible employee unable to perform the functions of the job, the eligible employee must provide a certification issued by the health care provider of the eligible employee or the eligible employee's ill family member. The District shall give the eligible employee written notice of the requirement for such medical certification. However, any request to an eligible employee to furnish subsequent medical certification may be requested verbally.

B5.27.5.6 Second and Third Opinions:
 

B5.27.5.6.1 The District may require the eligible employee to obtain a second opinion at the District's expense. The District may designate the health care provider to furnish a second opinion but the selected health care provider cannot be employed on a regular basis by the District.

B5.27.5.6.2 If the opinions of the eligible employee's and the District's designated health care providers differ, the District may require the eligible employee to obtain certification from a third (3rd) health care provider, at the District's expense.  The third opinion shall be final and binding. The third (3rd) health care provider must be designated or approved jointly by the District and the eligible employee.
 

 B5.27.5.7 Recertification Of Medical Condition: The District may request recertification at any reasonable interval, but not more than every thirty (30) days.
  B5.27.5.7.1 The District may request recertification at intervals of less than thirty (30)  days if:
  (a) the eligible employee requests an extension of leave; (b) circumstances described by the original certification have changed significantly; or (c) the District receives information that casts doubt upon the continuing validity of the certification. B5.27.5.8 Notice of Intent to Return to Work: The District may require the eligible employee on FMLA leave to report periodically on that eligible employee's status and intent to return to work. If the eligible employee gives unequivocal notice of intent not to return to work, the District's obligations under FMLA to maintain health benefits (subject to COBRA requirements) and to restore the eligible employee cease.

B5.27.5.9 Failure To Satisfy The Medical Certification Requirements:
 

 B5.27.5.9.1 The eligible employee may be denied FMLA leave until required certification is provided, in the case of a foreseeable leave.

B5.27.5.9.2 In a case where the need for the leave is not foreseeable, the eligible employee must provide certification within the time frame requested by the District (which must allow at least fifteen [15] days after the District's request) or as soon as reasonably possible under the particular facts and circumstances.
 

 B5.27.5.10 Return to Work from FMLA Leave: On return from FMLA leave, an eligible employee is entitled to return to the same position the eligible employee held when leave commenced, or equivalent position, with equivalent benefits, pay, and other terms and conditions of employment. Ordinarily, an eligible employee held prior to FMLA leave, if the position remains available. However, the eligible employee has no right to return to the same position. The District may deny job restoration to a "key employee" if such denial is necessary to prevent substantial and grievous economic injury to the operations of the District. A "key employee" is a salaried eligible employee who is among the highest paid ten percent (10%) of all the employees employed by the District.

B5.27.5.11 Coordination of FMLA Leave with District Leave:
 

B5.27.5.11.1 The District may require any eligible employee to substitute paid personal affairs leave and vacation time for unpaid FMLA leave relating to birth, placement of a child for adoption or foster care, or to care for a family member. The District may also require any eligible employee to substitute paid emergency leave, personal affairs leave, sick leave and vacation time for unpaid FMLA leave needed to care for a family member or for the eligible employee's own serious health condition. In addition, any leave request made by an eligible employee for sick leave, emergency leave, or maternity/paternity leave that will be for a period of more than ten (10) days, shall be accompanied by the specific reasons that the leave is being requested.  If the District determines from this request that the leave qualifies as FMLA leave, the District shall designate said leave as FMLA leave.

B5.27.5.11.2 Notwithstanding anything in this policy to the contrary, nothing herein shall be construed to allow an eligible employee to take more than the maximum allowed leave or vacation time under local District policy. Both the local District leave and vacation time and the unpaid FMLA leave shall run concurrently.

 B5.28 Personal Affairs Leave: Leave for the conduct of urgent personal business may be taken up to two (2) days per year for nine-month employees and up to three (3) days per year for twelve-month employees. B5.28.1 Use of Personal Leave: Personal leave shall be taken only for urgent and important business that cannot be conducted other than during normal working hours.

A5.28.2 Notification of Personal Leave: The employee must request preapproval from the immediate supervisor for non-emergency leave or should notify the immediate supervisor as soon as possible in the event of an emergency and should make arrangements to cover duties and responsibilities, where possible.

B5.28.3 Contingent Benefit: Personal leave is a contingent benefit and may not be used to extend College holidays or vacation.

 B5.29 Maternity/Paternity Leave: Disabilities caused by, or attributed to, pregnancy, childbirth, or related medical conditions resulting from pregnancy shall be treated in the same manner as any other temporary disability caused by, or attributed to, other medical conditions and shall be covered under any health plan or disability insurance or sick leave plan available in connection with employment. B5.29.1 Requesting Maternity/Paternity Leave:  An employee may request in writing a special maternity/paternity leave of up to six (6) months to care for a newly-born infant or a newly-adopted child.

B5.29.2 Use of Sick Leave and Vacation Time:  An employee must use accrued sick leave and vacation time prior to going on leave of absence without pay.

 B5.30 Military Leave: In compliance with State and national law as shown below, the following provisions are made for employees of the College to serve in state and national military forces. B5.30.1 Short-Term: Article 5765. Section 7, Vernon's Annotated Texas Statute and Section 9(g)(4) of the Military Selective Service Act of 1967, as amended, provides that any employee who is a member of the State military forces or of the reserve components of the United States Armed Forces shall be granted a leave of absence from duties without loss of tine, efficiency rating, vacation time, or salary on days during which the employee is engaged in authorized training or duty ordered or authorized by proper authority, not to exceed fifteen (15) calendar days in any one (1) calendar year.
  B5.30.1.1 All requests for military leave shall be submitted in writing on the appropriate form, which can be obtained in the Office of Human Resources.

B5.30.1.2 Employees ordered to duty by proper authority shall be restored, when relieved from duty, to the same or a similar position held when they were ordered to duty.
 

 B5.30.2 Long Term: Article 6252-4a, Vernon's Annotated Texas Statute, Attorney General's Opinion H-244 (1974), and Section 9(g)(4) of the Military Selective Act of 1967, as amended, provides that any employee in a position other than  temporary, who leaves his position for the purpose of entering into active duty with the regular or reserve armed forces of the United States or the Texas National Guard or Texas State Guard, if discharged, separated, or released from such active military service under honorable conditions within five (5) years from the date of enlistment or call to active service, shall be restored to employment in the same position held at the time of entering into active service or to a position of like seniority, status, and pay if the employee is still physically and mentally qualified to perform the duties of such position.
  B5.30.2.1 If such employee is not qualified to perform the assigned duties of a previous position by reason of disability sustained during such military service, but is qualified to perform the duties of another position with the College, the veteran shall be restored to employment in the other position which, with qualifications having been met, will provide like seniority, status, and pay or the nearest approximation thereto.

B5.30.2.2 Any employee restored to employment shall be considered to have been on leave of absence without pay during military service and shall be entitled to participate in retirement and all other benefits available to other employees in like positions and shall not be dismissed from this position without cause for one (1) year following restoration of employment.

B5.30.2.3 To qualify for employment, the employee shall make written application for reinstatement to the President of the College within ninety (90) days after release or discharge from active State or federal military service and shall attach to such application evidence of discharge, separation, or release under honorable conditions from active state or federal military service.

 B5.31 Jury Duty: The College may not discharge, discipline, reduce the pay of any employee, or otherwise penalize or discriminate against a College employee because of the employee's compliance with a summons to appear as a juror.
A5.31.1 Compensation:  For each regularly scheduled workday on which an employee serves in any phase of jury service, the College shall pay the employee's normal daily compensation.

A5.31.2 Accumulated Leave:  A College employee's accumulated leave (personal, sick, or vacation) may not be reduced because of the employee's service in compliance with a jury summons.

A5.31.3 Court Allowance:  College employees are permitted to retain the allowance the employee receives from the court for complying with a jury summons.

A5.31.4 Proof of Service:  College employees must submit a copy of the summons to serve on jury duty to their supervisor as soon as it is received.  In addition, proof of service must be submitted to the College's Payroll Office via the employee's supervisor when the absence report or time card is submitted.

B5.32 Vacation: Twelve-month employees receive paid vacation time; fewer than twelve-month employees are not entitled to paid vacation. This policy does not apply to any personnel whose duties are primarily teaching. B5.32.1 Entitlement: Revisions Adopted April 26, 2006 Personnel eligible for vacation under this policy must have worked a minimum of six (6) months, and entitlement is only for the pro-rata share of the annual vacation earned.
  B5.32.1.1 Exempt personnel, as well as counselors, librarians, and faculty department chairpersons who are appointed for a 12-month period are entitled to three (3) weeks' paid vacation or a prorated share of three weeks appropriate to the employee's yearly assignment.

B5.32.1.2 Nonexempt personnel are entitled to two (2) weeks' paid vacation except as shown below.
 

B5.32.1.2.1 Upon completing ten (10) years of service, the employee commences earning vacation time at the rate of one day of vacation per month and thus is entitled to twelve (12) working days of vacation per year.

B5.32.1.2.2 Upon completing fifteen (15) years of service, the employee commences earning vacation time at the rate of one-and-one-fourth (1-1/4) days per month and thus is entitled to fifteen (15) working days of vacation per year.
 

 B5.32.1.3 In the event a normal school holiday falls within the period of time covered by the vacation, the holiday shall not count as a day of vacation time. A5.32.2 Accrual: For record accounting purposes, the vacation year is from September 1st to August 31st, and unused vacation for the year will be posted to the employee's credit on September 1st.
  A5.32.2.1 As much as fifteen (15) working days of unused vacation time may be accrued and carried forward, but for no more than one (1) year.  Unless provided by the grant or contract, unused vacation for grant-funded and contract-funded positions will not be accrued and carried forward to a new grant or contract period, and employees in grant-funded or contract-funded positions must use their vacation accrual in the year earned, before the end of the annual grant or contract.

A5.32.2.2 The College President will not consider or grant exception to College Policy at A5.32.2.1, unless the following procedures have been observed:
 

A5.32.2.2.1 At least thirty (30) days prior to the end of the academic year in which the vacation leave was accrued, the employee must make a timely written request through each level of their chain-of-command to the College President for an exception; and A5.32.2.2.2 The employee’s written signed and dated request must sufficiently evidence their documented attempts to use their vacation leave accrued during the academic year and explain the basis upon which their supervisor(s) has denied their request(s) for vacation leave; and

A5.32.2.2.3 The employee’s supervisor(s) will provide a written signed and dated statement in response to the employee’s written request for an exception and forward the employee’s request in a timely manner to the College President through the next level of the employee’s chain-of-command.

A5.32.2.2.4 Unless the employee has been granted an exception by the College President to College Policy at A5.32.2.1 by August 31st of the applicable academic year, the College Payroll Office is authorized to automatically remove any unauthorized excess vacation leave balance from the employee’s official records at the close of the academic year.
 

 A5.32.3 Unused Vacation: Persons terminating employment will receive, in lieu of the vacation itself, cash payment for unused vacation, at the next regular payroll, to the amount accrued but not to exceed fifteen (15) days.  Unless provided differently by the grant or contract, persons terminating employment in grant-funded or contract-funded positions will receive cash payment for unused vacation days not to exceed the number of days remaining in the current annual grant or contract.

A5.32.4 Reports: Revisions Adopted April 26, 2006 Nonexemptemployees will report vacation to the Payroll Office by timecards; exempt staff, administrators, counselors, librarians and department chairpersons will report on the appropriate form, which can be obtained from the Office of Human Resources.

A5.32.5 Scheduling: All vacation schedules are subject to the control and prior approval of the office supervisor or Department Chair responsible for various functions of the College.

 B5.33 Emeritus Status: Full-time members of the faculty and administration may be considered for emeritus status according to the following guidelines. B5.33.1 Purpose: This policy is designed to provide a method of special recognition to faculty and administrators for outstanding service, significant contribution to higher education, meritorious teaching, and/or special honors bestowed by a renowned organization.

B5.33.2 Eligibility: To be eligible for consideration of emeritus status, a member of the faculty or administration must meet or exceed the following:
 

B5.33.2.1 Retire from Del Mar College with retirement to be as defined in the Texas State College and University Employee Uniform Benefits Program, created by the provision of Senate Bill 95, Acts of the 65th Legislature Regular Session, 1977.

B5.33.2.2 Hold faculty or administrative rank, or both, at the time of retirement.

B5.33.2.3 Have served the College as a full-time member of the faculty and/or administration.

B5.33.2.4 The President of the College shall decide on questioned eligibility in cases not covered by the guidelines.
 

 B5.33.3 Emeritus Titles: Emeritus title to be conferred shall be as follows: B5.33.3.1 Administration: The title of the position held by the eligible administrator shall determine the emeritus title.

B5.33.3.2 Faculty: The title of an eligible faculty member shall be Professor Emeritus. A faculty member also holding an administrative title (such as Department Chair) may be honored by the use of the administrative title as well as Professor Emeritus.
 

 A5.33.4 Procedure:Consideration for approval of emeritus status shall originate with the next higher authority above the retiree. The following guidelines will apply:
  A5.33.4.1 It shall be the responsibility of the appropriate Vice President to monitor requests for emeritus status of administrators and faculty and request the Vice President of Instruction and Student Development to convene the Instructional and Student Development Council in order to apply the guidelines for eligibility. Recommendations and/or comments from the retiree's Chair or supervisor shall be addressed to the Council.

A5.33.4.2 The Council shall weigh the merits of each candidate, apply the eligibility criteria, and by majority vote recommend or not recommend each candidate for emeritus status. If the vote is negative or if the candidate does not meet the eligibility criteria, no further action will be taken.

A5.33.4.3 If the vote is favorable and the candidate is eligible, the Council shall recommend conferring of emeritus status through the appropriate Vice President. The channel of recommendations shall be from the Council to the appropriate Vice President, from the Vice President to the President, and from the President to the Board of Regents. The Board of Regents shall be the granting authority by means of appropriate resolution.
 

 A5.33.5 Perquisites: Perquisites accruing to the candidate awarded emeritus status by the Board of Regents shall include the following:
  A5.33.5.1 Listing in the emeritus section of the College Catalog.

A5.33.5.2 Listing in the Del Mar College Faculty-Staff  Directory, if requested.

A5.33.5.3 Inclusion of the retiree's name on mailing lists for publications and notices of interest.

A5.33.5.4 A framed copy of the resolution conferring emeritus status.

A5.33.5.5 A permanent identification card which shall identify the designated emeritus status. This card shall entitle the holder to various activities normally requiring proof of the affiliation with the College for admission.

B5.34 Payroll Information: The Payroll Office and/or the Office of Human Resources will supply information to employees on provisions of the law pertaining to the Teacher Retirement System of Texas and the Federal Social Security Program as well as on matters of salary. A5.34.1 Paychecks: Paychecks are issued on the last regular working day of each month except when this day falls on Saturday or Sunday; in this case, checks will be issued on the Friday before.
  A5.34.1.1 Paychecks are issued to maintenance personnel on the fifteenth of the month also.

A5.34.1.2 All faculty and staff, whether nine-month, ten-and-one-half-month, or twelve-month employees, normally receive payment in twelve (12) monthly checks. Those employed for fewer than twelve (12) months may request modification of this payment plan, through the Payroll Office, prior to September 5 each year.

A5.34.1.3 Mandatory Direct Deposit:  Adopted November 6, 2006 Persons newly employed January 1, 2007, or thereafter must choose to receive their payroll earnings by direct deposit to an employee-established checking and/or savings account or to a third party debit card provider.  The debit card provider shall be selected by the College and shall be limited to the company or companies that have a contractual relationship with the College depository bank.  Direct deposit is the electronic transfer of money into a checking and/or savings account established by the employee or to a debit card issued to the employee by the third party provider.
 

 B5.34.2 Withholding: Income tax is withheld according to the rate set by the government, based on the number of exemptions and the marital status claimed by the employee; changes in number of exemptions and/or single/married status may be made in the Payroll Office.

B5.34.3 Deductions/Reductions: The College may make the following deductions/reductions, in addition to federal income tax withholding: FICA taxes, applicable retirement systems, insurance premiums, savings bonds, Section 125 Cafeteria Plan, deferred compensation, charitable contributions, and Corpus Christi Area Teachers Credit Union. Deductions/reductions must be in accordance with rules and regulations as provided by Stateand/or federal statutes and/or as approved by the College President.

A5.34.4 TimeCards: All non-exempt employees are required by current labor laws and regulations to fill out time cards, indicating the number of hours worked per day and the total hours worked per week.
 

A5.34.4.1 The employee certifies the accuracy of the time card, and the supervisor certifies the accuracy and approves the card, including periods of absence and the reason, as appropriate.

A5.34.4.2 Completed time cards should be forwarded to the Payroll Office not later than the tenth of each month.

 A5.35 Overtime Hours for Nonexempt Personnel:  Overtime is defined as all hours above forty (40) actually worked during a normal work week whether the employee works in one (1) or in two (2) or more offices. The use of overtime among nonexempt employees should be kept to a minimum consistent with the requirement of orderly operation of the College. A5.35.1 Normal Work Week: A normal work week is defined as running from 6:00 a.m. Monday to 5:59 a.m. the following Monday.
  A5.35.1.1 If an employee normally works eight (8) hours per day, Monday through Friday, but works two (2) extra hours on Tuesday and three (3) extra hours on Wednesday (over the standard eight-hour day), that employee should be granted five (5) hours of time off sometime during the remaining days (Thursday and Friday) of the same week.

A5.35.1.2 If an employee uses