IV. EMPLOYMENT PROCEDURES
PROCEDURES FOR THE EMPLOYMENT
OF FULL-TIME AND PART-TIME EMPLOYEES
In accordance and compliance with Federal laws, Gubernatorial Executive Orders, the State Department of Human Resource Management Policies and Procedures Manual, the VCCS Policy Manual and Virginia Western Community College's Affirmative Action Plan, all recruitment and selection processes are conducted for equal opportunity and affirmative action. The College does not discriminate based on race, color, sex, religion, national origin, age, sex, sexual orientation, veteran status, disability, political affiliation, or other protected factors.
The following procedures are set forth to insure compliance with all applicable federal, state, and college laws, rules, and regulations. The following steps shall be followed when there is a vacancy in any full-time position and applicable part-time positions (see Section C) at Virginia Western Community College.
A. RECRUITMENT AND SELECTION PROCESS
(1) The department, division, or office in which a vacancy has occurred shall initiate the employment process.
(a) For teaching, administrative, and professional faculty vacancies, the head of the respective division shall fully complete the "Faculty Personnel Requisition". Information on this form must show the minimum qualifications for the teaching field or professional/administrative field, the proposed faculty rank, as applicable, according to the VCCS-29 and any special conditions or assignments. For administrative and professional faculty positions, the respective supervisor shall submit to the Human Resources Office any revisions to the position description. A proposed advertisement may be attached to the requisition for guidance in setting the final advertisement. Any professional journals or publications in which the supervisor wishes to advertise the vacancy should be specified with appropriate mailing information. Advertisements in such journals or publications will be beyond normal recruitment sources as specified in the Affirmative Action Plan, as applicable.
Interviewing committees shall be used in all regular faculty vacancies. The supervisor of the position shall form this committee and show the names of the members on the "Faculty Personnel Requisition" form and designate a convener/chair of the panel. Interviewing committees shall be made up of no less than three (3) people who have knowledge of faculty positions and represent a diverse population. Supervisors are encouraged to include a member of the Affirmative Action Committee on interviewing committees.
(b) For classified positions, the supervisor shall review the existing position description and/or Employee Work Profile (EWP) to ensure accuracy. If the position description and/or EWP require revisions, the changes will be completed before recruitment commences. Any changes in the EWP must be submitted to the appropriate Vice-President for review, whom will forward the position information to the Human Resource Manager for a classification analysis, after which the recruitment process may begin. Recruitment may begin immediately in the case of redefinition of duties that do not affect the classification of the position.
The head of the respective office shall fully complete a "Classified Personnel Requisition" stating the minimum job-related knowledge, skills, and abilities (KSA) to perform the job upon entry. The supervisor should indicate on the requisition if a KSA check will be necessary as part of the selection analysis. Knowledge, skills, and abilities are defined as follows:
*Knowledge - A body of information applied directly to the performance of a function. It is usually a range of information of a factual or procedural nature, which, if applied, makes adequate performance of the work possible.
*Skill - A present, observable competence to perform a learned, psychomotor act. The essence of a skill and its difference from either knowledge or ability is that a skill embodies observable, quantifiable, and measurable rates of performance (e.g., skill at the sequential, repetitive manipulation of a machine at a rapid rate.)
*Ability - A demonstrated competence to perform observable behavior or a behavior that results in an observable product. The power to perform denotes current competence in doing specific job content actions; it does not denote a person's capacity to acquire this competence. Care should be exercised, therefore, not to confuse ability, which is demonstrable, with an aptitude, which is only a potential for performing activity. Also, one cannot necessarily infer demonstrated ability from years of experience.
Interviewing committees are required for all full-time classified positions above Pay Band 1; they are not required for positions in Pay Band 1, but are recommended. Names of interviewing committee members (no less than three) shall be listed on the personnel requisition, represent a diverse population, and one of these members shall be designated as convener/chair of the panel. Supervisors are encouraged to include a member of the Affirmative Action Committee.
(2) The supervisor shall forward the completed personnel requisition, along with all attachments, to the appropriate Vice-President for approval or disapproval. The Vice-President shall be responsible for ensuring that the position is within budget, within staffing guidelines, and that funds are available. The signature of the Vice-President signifies that all budgetary and staffing issues have been met.
(3) Upon approval by the Vice-President, the personnel requisition shall be sent to the Human Resource Manager. Once the Human Resource Manager has reviewed the position description/EWP and the personnel requisition, he shall review the request with the President. After concurrence to proceed is given by the President, the Human Resource Manager approves the requisition and two steps will be followed.
(a) The Human Resources Office will notify the supervisor of approval. All appointed members of Interview Committees must either complete the on-line Interview Training located on the Human Resources Office home page on the VWCC website prior to the supervisor receiving applications from Human Resources or the supervisor shall schedule a meeting of the interviewing committee and the Human Resource Manager, or his designee, where proper interviewing techniques and employment procedures will be discussed. After training completion, the supervisor shall establish job-related screening criteria and his/her interview questions, and the interviewing committee will establish its interview questions. Applications will be released from the Human Resources Office after all screening criteria and interview questions have been received and validated.
(b) The Human Resource Manager shall advertise the vacancy pursuant to the State Department of Human Resource Management Policies and Procedures Manual Policy 2.10, the "Guidelines and Procedures for Recruitment and Advertising" pursuant to Executive Order 73(01) and the VWCC Affirmative Action Plan, as applicable. A deadline for the receipt of applications shall be set according to the time needed to use recruiting sources and the needs to fill the position.
(4) All applications, resumes, transcripts, and letters of inquiry shall be received in the Human Resources Office, which shall maintain all employment-related records and correspondence. After the deadline for submission of applications, the Human Resource Manager shall initially screen the applications according to the required job-related minimum criteria set forth in the advertisement. Applicants who clearly do not meet the required minimum qualifications as advertised will be screened out.
(5) After the Human Resource Manager screens out applicants who do not meet the required minimum qualifications, the selected applications are prepared and forwarded to the appropriate Vice-President for review. The Vice-President will then forward the applications to the supervisor. The supervisor shall screen the applications utilizing approved job-related criteria. The supervisor may, at his or her discretion, utilize a panel to assist in the screening process; however, the supervisor is responsible for determining the candidates to be interviewed based upon objective job-related criteria. The supervisor and/or respective vice-president may discuss with the President the list of candidates to be interviewed and generally those not to be interviewed. No interviews shall be scheduled or conducted until the supervisor discusses the screening results and provides the names of candidates selected for interview to the Human Resources Manager for EEO review. The Human Resources Manager will authorize the contact with candidates once the EEO review is complete. Any changes to the interview list after this review must be approved by the Human Resources Manager or the Human Resources Employment Manager. The interviewing committee will interview only those applicants screened in by the supervisor and approved by Human Resources. Supervisors will interview applicants separately from the committee and receive information from the committee to make the hiring recommendation.
(6) PURPOSES OF INTERVIEWING COMMITTEES
The purposes of the interviewing committees shall be to (1) interview selected applicants using job-related questions, and (2) determine and document strengths and weaknesses of those interviewed and review them with the supervisor. Interviewing committees shall not "rank" applicants, nor formally recommend a particular applicant for hire. Rankings and recommendations are the responsibility of the supervisor. Interviewing committees are not to discuss the employment process with individual candidates or others not directly involved in the process. They are designed to serve as an aid to the supervisor in determining the strengths and weaknesses of candidates relative to the job requirements. Interview committees and supervisors shall hold confidential all information related to interviewed applicants, all committee documentation and any reports of strengths and weaknesses of candidates.
All interviewing committees, before receiving applications for review, shall develop and submit the interview questions to the supervisor and the Human Resources Office. The interviewing supervisor shall likewise submit interview questions in advance to the Human Resources Office. As noted in A.5 above, no interviews shall be scheduled until the Human Resources Manager conducts an EEO review of candidates to be interviewed and the reasons for not interviewing other candidates. A listing of dates, times of interviews and candidates to be interviewed shall be submitted by the supervisor to the Human Resources Office before conducting the interviews. All minutes of committee meetings, general notes of committee actions, and notes of individual committee members shall be sent to the supervisor by the committee chair. Upon completion of the process, the supervisor shall forward to the appropriate Vice-President a written recommendation of the candidate to be offered employment, and all written documents and assessments of candidates. The interviewing supervisor shall objectively complete and forward "Screening and Interview Report" forms on all candidates to the appropriate Vice-President and the Human Resources Office. Prior to any job offers being made, the appropriate Dean and/or the supervisor recommending the candidate for hire shall meet with the Vice-President to discuss the hiring recommendation. Job offers will only be made with the concurrence of the President. Prior to any job offers being made or any contact with the recommended candidate, the Human Resources Manager shall conduct an EEO assessment of the selection process. In the event any findings are found that must be addressed, the Human Resources Manager shall discuss any potential areas of concern with the supervisor and Vice-President. The Human Resources Manager is authorized to withhold any support for a selection decision where findings indicate that selection issues are questionable. If the President directs that a job offer be made in light of any Human Resources findings, Human Resources shall do so, but may do so with reservations clearly stated in writing. Any hiring supervisor or Vice-President who wishes to challenge Human Resources findings in the selection process may do so directly with the President where all information shall be reviewed. The President shall have the final determination relative to all hiring decisions.
7) HIRING PROCEDURES
(a) For faculty vacancies, the supervisor shall submit a written hiring recommendation to the appropriate Vice-President. The recommendation shall consist of a memorandum indicating the desired starting date, completed form VCCS-10, all rejected applications with accompanying screening and interview report forms detailing why those interviewed were not hired and why others were not interviewed, reference checks, and all documentation of the interviewing committee. The Vice-President shall review the hiring process and the hiring recommendation with the President and, upon approval, forward the recommendation to the Human Resource Manager. The Human Resource Manager shall review the process to ensure that all procedures have been followed properly and analyze the written reasons why applicants are
(b) For classified vacancies, the supervisor shall forward a written hiring recommendation to the appropriate Vice-President for review. The information forwarded to the Vice-President shall include a memorandum of recommendation including desired starting date, all rejected applications with accompanying screening and interview report forms detailing why those interviewed were not hired and why others were not interviewed, reference check forms, and all documentation of interviewing committees. Upon review and approval by the Vice-President, the Vice-President and/or supervisor shall discuss the recommendation with the President, and after approval, the recommendation shall be forwarded to the Human Resource Manager. The Human Resource Manager shall ensure that all procedures have been properly followed and analyze the written reasons why applicants were rejected and selected. If concerns are detected with the process, the issues shall be addressed before the position is offered to a candidate. The Human Resources Manager may withhold support for the hiring recommendation when there are findings that raise EEO and/or procedural concerns. The hiring supervisor and Vice-President will be given the opportunity to make needed corrections or revisit the hiring recommendation. Challenges to the findings of the Human Resources Manager may be filed with the President. If the President directs that a job offer be made in light of the Human Resources findings, Human Resources shall do so, but may do so with reservations clearly stated in writing. The President shall have the final determination relative to the hiring decision. The Human Resource Manager shall tender the job offer and inform the Vice-President and the supervisor of the acceptance or rejection of the position. The President shall sign confirmation letters to all successful candidates. All official communication with applicants shall come from the Human Resources Office.
B. GENERAL REGULATIONS AND PROCEDURES
Reference Checks - before any job offer is made, the supervisor shall conduct reference checks on the candidate recommended for hire. This responsibility shall not be delegated to any other employee without the written approval of the respective Vice-President. Before contacting the current employer of the candidate, supervisors are strongly encouraged to notify the candidate that contacting the current supervisor will occur and that this contact is important to the final employment decision. Avoid telling the candidate that the hiring decision is contingent upon a positive contact with the current supervisor; merely state that the process is continuing and no final decision has been made. In the event a candidate requests that his/her current employer not be contacted, there should be a valid reason for the request. If this is shown, the most recent supervisor of preceding employment should be contacted. All reference checks shall be documented, whether by telephone or by mail, and submitted with all other documentation to the appropriate Vice-President and the Human Resource Manager. Forms for reference checks by mail and telephone reference check guides can be obtained from the Human Resources Office. Unsolicited letters of recommendation may be accepted but will not replace reference checks.
At a minimum, verification of the following job-related information should be attempted:
| Name | Beginning and ending salaries |
| Employment dates | Training completed |
| Job held - title | Eligibility for rehire |
| Job duties | Verification of required license, certificate or degree |
Criminal Background, Credit History and Motor Vehicle License Checks: Normally, prior to an official offer of employment being tendered by the Human Resources Manager, a criminal history check, credit history (as applicable) and a motor vehicle license check will be conducted according to policies as set forth in the Human Resources Office. This type of check applies to positions identified as "security sensitive" and those that operate state and college vehicles. The successful applicant must sign an authorization form to release the information to the college. This information will be received and retained by the Human Resources Manager who will determine the applicability of any negative information in the report to the job offer. In some cases, these background checks may be conducted after an offer is made, however, the Human Resources Manager shall clearly state that the offer is "Conditional". If information from the background check is determined to preclude the hiring of the employee, the "conditional offer" shall be terminated and the employee will be released. If information indicates that no problems are noted, the employee will be notified that the "conditional offer" has been satisfied.
Starting pay - Newly appointed employees will be compensated according to the VCCS Policy Manual and the State Department of Human Resource Management Policies and Procedures Manual. Starting pay will be established by the Human Resources Office and communicated by the Human Resource Manager or his designee. Supervisors should not discuss specific salary with candidates, but may discuss salary ranges. For classified positions, the DHRM Policies and Procedures Manual will determine starting salary. For faculty vacancies, the VCCS-29 and the procedures for determining faculty entry-level salaries will be used.
Transcripts - For positions requiring transcripts, applicants must submit official transcripts of all college work completed as a condition of employment. Unofficial transcripts may be used to compute original appointments; however, all appointments are contingent upon receipt of official transcripts by the Human Resources Office.
New Employee Orientation - All new hires, transfers and promotions from other state agencies shall complete the "New Employee Orientation" conducted by the immediate supervisor and the Human Resources Office. This orientation is mandatory and must occur within five workdays of appointment. Orientation guidelines and checklists will be forwarded to the supervisor from the Human Resources Office. For employees transferred or promoted within the college, the supervisor's portion of the orientation may be conducted depending upon the nature of the transfer or promotion. Adjunct faculty employees shall be oriented within the respective division. Division Deans shall ensure that all employment and hiring documents are properly and legally completed.
Verification of Employment Eligibility - according to the Federal "Immigration Reform and Control Act" (IRCA), all new employees of the college shall submit to the Human Resources Office documentation verifying their identity and eligibility to work in the United States. The Federal I-9 form shall be completed by all new hires prior to or on the first day of employment. The employer review of the I-9 form must be completed with three (3) days of the begin date. These requirements affect all employees, including hourly/wage employees, adjunct faculty, student employees and work-study employees. Division offices must gather this information on all adjunct faculty and student employees and forward the information to the Human Resources Office within the time limits specified.
Selective Service System Registration Verification - as part of the application process, all male candidates must complete documentation that they have fulfilled Federal requirements to file with the Selective Service System. Failure to do so will result in the candidate being ineligible for and denied employment. A person shall not be denied employment under this section by reason of failure to present himself for and submit to the federal registration requirement if: (i) the requirement for the person to so register has terminated or become inapplicable to the person and (ii) the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register. Applicants who have not registered as required by Va. Code § 2.2-2804 must present verification from the Selective Service System that they have met the requirements of the Code Section.
Child Support Inquiries - to conform to the intent of Va. Code §§ 20-79 and 63.1-250, agencies must ask each new employee to disclose whether he or she has an income withholding order to pay child support. If the employee discloses that he or she owes child support that is required to be withheld, the agency shall report to the Department of Social Services and begin with-holding according to the terms of such order.
Domestic Violence Conviction - Pursuant to United States Code, Title 18, section 922(g)(9), anyone who has been convicted of a misdemeanor crime of domestic violence may not possess any firearm or ammunition. The college must ascertain information about applicants’ convictions for domestic violence before they are employed in positions that require or authorize carrying a firearm, which is applicable to most positions in the Campus Police Department.
Statements of Economic Interests - Certain employees of the Commonwealth must submit statements of economic interests in accordance with Va. Code § 2.2-3114 under the Conflict of Interests Act. The college must inform affected newly hired employees of this requirement and submit forms for new employees as required.
C. PART-TIME EMPLOYEES
Except for student employees and work-study employees, the VWCC Employment Procedures shall apply to part-time hourly/wage and adjunct faculty positions except the following instances:
1. Interviewing committees are not required for part-time hourly/wage or adjunct faculty positions, but are recommended. Supervisors are required to develop and submit the same documentation for part-time hourly/wage positions as they do for full-time. The same process must be followed in these positions.
2. Student employee positions are those that are filled by persons enrolled and taking classes at Virginia Western Community College. No non student can occupy these positions and once a student employee is no longer enrolled in classes, he/she shall be terminated by the supervisor. Any actions to the contrary must be approved by the appropriate Vice-President and the Human Resource Manager.
3. Adjunct faculty positions are considered to be under continuous recruitment due to changing needs in academic programs. The college shall publicly advertise no less than once per year the teaching fields for which an adjunct faculty application pool must be built. However, these applications, when received, are normally forwarded to the appropriate academic division for consideration based upon need. Division Deans may select qualified adjunct faculty employees without the requirement of an interview committee. Selection of adjunct faculty and EEO assessments may be conducted by the Human Resources Office periodically.
All questions about these procedures and their application to any position at the college shall be directed to the Human Resource Manager. The Human Resources Office will provide policy guidance and interpretation to interviewing committees and supervisors during all phases of the processes. If at any time during the employment process the Human Resource Manager determines noncompliance with these procedures, the process may be stopped or delayed until compliance is met.
NOTE: Personnel Requisition forms are available in the Human Resources Office.
Adopted 12/83
Revised 11/84
Revised 09/90
Revised 11/95
Revised 1/99
Revised 5/99
Revised 6/00
Revised 12/01
Revised 4/03
Revised 5/05
Revised 11/06
CRIMINAL HISTORY AND MOTOR VEHICLE RECORD INVESTIGATIONS
Motor vehicle record checks will be conducted for individuals selected for positions that require the possession of a valid motor vehicle operator’s license. The provisions of this policy shall also apply to temporary wage positions and contract employees who are subject to operating college vehicles.
For current employees, every employee must inform his/her supervisor within five (5) business days if he/she is convicted of a criminal offense (including traffic infractions if the employee is subject to operating college vehicles). Virginia Western reserves the right to then conduct a criminal background check when circumstances are identified that warrant further investigation. Results of the background check will normally not affect opportunities for continued employment. However, if information discovered regarding prior or current convictions leads to a conclusion that the safety of students, clients, and/or co-workers may be compromised, the individual may be reassigned or his/her employment may be terminated. Reporting of convictions is applicable to all employees.
The determination of either a job-related conviction, falsified conviction or other false information on the application may result in denial of or continuation in college employment. In making the determination of job-relatedness, consideration will be given to how recent the conviction occurred, frequency and severity of the crimes, and the age of the individual at the time the crimes were committed.
Consistent with the requirements of Code of Virginia 2.2-1201, Campus Police positions are designated as "security-sensitive". The offer of a security-sensitive position is conditional upon the candidate’s successful completion of the fingerprint-based background investigation. In the event that a security-sensitive or sensitive employee is permitted to begin work before the results of the fingerprint based criminal check is completed, the employee is to be restricted from performing the sensitive portions of the job and/or job duties will be modified to provide for additional supervision during that time frame. The decision to permit an employee to begin work prior to receiving the full results of the fingerprint based investigation must be approved by the Human Resources Manager. All other positions are subject to conditional offers pending the successful completion of the criminal history investigation, motor vehicle checks and credit history checks, as applicable. Likewise, the decision to permit an employee in other positions to begin work prior to the receipt of the full results of the background check must be approved by the Human Resources Manager.
All written offers of employment shall include language that the offer is contingent upon receipt of acceptable background check reports and that the offer may be withdrawn and/or employment terminated based upon information obtained from the reports.
Any information related to convictions shall be maintained in the strictest confidence possible. Only essential personnel involved in the hiring process shall be informed, on a need-to-know basis. The Human Resources Manager will administer the gathering of this information, except in the case of Campus Police Officer and security positions, which will be subject to the regulations of the Campus Police Department and pursuant to DHRM Policy 2.10. Information contained in this file shall be kept to a minimum, briefly identifying the outcome of the results. For individuals rejected, the file documents will indicate that the offer was retracted because of information obtained through a criminal background and/or credit history investigation. For the person hired, the file documentation would indicate that a background investigation revealed no problem areas related to employment.
TYPES OF BACKGROUND CHECKS TO BE CONDUCTED: All positions shall be subject to criminal history background checks, to include federal, state and county conviction records.
INDIVIDUALS IDENTIFIED AS POTENTIALLY HAVING JOB-RELATED CONVICTIONS: A conviction check may also be conducted for individuals who have disclosed potentially job-related convictions on the state application or during the interview, or who have been reported as potentially having job-related convictions by previous employers during the course of employment verification or reference checks.
FALSIFICATION OF JOB APPLICATION: The state application for employment used by the college requires an applicant to describe any convictions of a law violation(s), including moving traffic violations or juvenile offenses committed after the fourteenth birthday. The application form includes the following statement certified by the applicant’s signature:
I hereby certify that all entries on both sides and attachments are true and complete, and I agree and understand that any falsification of information herein, regardless of time of discovery, may cause forfeiture on my part to any employment in the service of the Commonwealth of Virginia. I understand that all information on this application is subject to verification and I consent to criminal history background checks. I also consent that you may contact references, former employers and educational institutions listed regarding this application. I further authorize the Commonwealth to rely upon and use, as it sees fit, any information received from such contacts. Information contained on this application may be disseminated to other agencies, nongovernmental organizations or systems on a need-to-know basis for good cause shown as determined by the agency head or designee.
It is acceptable and appropriate to inquire about job-related convictions, but not arrests, during the interview process. Hiring officials should review the conviction statements on the employment application of interviewed candidates and should inquire about potentially job-related convictions during the interview. Any information about job-related convictions or falsification of information should be communicated to the Human Resources Manager for further investigation and appropriate action.
Individuals who do not disclose all required convictions on the application may be denied employment for falsification of the application. Convictions disclosed on the application or during the employment process will not be used to influence the selection decision if they have been determined to be unrelated to the job.
Applicants will be advised that a background check investigation is a condition of employment and that all convictions must be included on the application and/or disclosed during the employment/orientation process. The accuracy and completeness of the disclosure of prior criminal convictions revealed in the employment/orientation process will be verified. Convictions disclosed or discovered in the employment/orientation process will influence the employment of the applicant where such information is job related or related to drugs, alcohol, violence, or illegal sexual behavior (including, but not limited to, listings on the Sexual Offender Registry).
Criminal background investigation records (including credit history and motor vehicle records) will be received and maintained as part of a confidential file (to the degree possible) in the Human Resources Office separate from employee personnel files. The applicant referral packets sent to departments prior to job interviews will indicate this requirement for the positions. The provisions of the conviction check policy will be communicated to applicants and employees using the following methods:
- Job Announcements will state the requirements for background checks and the extent of the background check, to include credit history and motor vehicle record checks.
- Application materials provided to all applicants.
- Departmental employment interviews.
- Completion of a "release form" and "Summary of Rights" under the Fair Credit Reporting Act.
- Employment offer letters.
In addition, Human Resources Office staff will be available to discuss the provisions and procedures of the policy with supervisors, employees and applicants, as needed.
C. Initiating the Conviction Check
For positions requiring the conviction check, the selected candidate must sign an authorization form for release of this information to the Human Resources Office. The Human Resources Office or the supervisor will present the release form to candidates recommended for hiring. Release forms will be provided by the Human Resources Office and the Human Resources Manager will order the check to be completed.
The Human Resources Manager is responsible for the management of the policy, including overseeing criminal background investigation processes, confidentially reporting job-related negative results to the appropriate individual in the hiring department, and the confidential storage (to the degree possible) of all findings separate from the employee personnel files.
In the event the selected candidate’s conviction check is such that a job offer will not be made or a conditional offer must be withdrawn, the Human Resources Manager will then conduct a check on the next candidate determined by the supervisor and the appropriate Vice-President to be the one to receive a job offer. When negative information negates a job offer, the Human Resources Manager will communicate the decision to the candidate and may provide the candidate with the report containing the negative data upon request.
Human Resources orders the background check from the background check agency. If the Human Resources Manager determines that a more extensive check should be completed, it will be ordered.
The background check agency will normally respond within 72 hours of receipt of the detailed request.
The Human Resources Manager will notify the employing supervisor and the appropriate Vice-President of the job-related results of the conviction check.
The applicant will be given a summary of their rights under the Fair Credit Reporting Act upon completion of the authorization/release form.
Only criminal convictions will be considered in determining an applicant’s suitability for employment. Detention and/or arrest without conviction do not constitute valid grounds for employment decisions and cannot play a part in the decision-making process. The Human Resources Manager will review the conviction records on each candidate for whom an order has been issued to determine job-relatedness. If a job-related conviction is identified, the determination to deny employment to the selected candidate will be made by the Human Resources Manager, in consultation with the employing supervisor, the respective Vice-President, the President and legal counsel, if necessary. Applicants will be provided with a copy of the background report in situations of adverse hiring decisions. If information is determined to be erroneous, a new check will be conducted at no cost by the background check agency. Human Resources will serve as the "Office of Record" for background check results.
– The result of a trial that ends in judgment or sentence that the person is guilty as charged.CONVICTION
CRIMINAL BACKGROUND INVESTIGATION – A review of the employee’s records to include academic record and verification of licenses and certifications, educational history, financial history work references, motor vehicle records, criminal convictions, drug testing, consumer records, residency checks, probation/parole records, or investigative reports that may include Social Security Number Search, Credit Report (if related to job duties), criminal records (any federal, state, and local misdemeanor and/or felony convictions), Global Terrorism Records (to include Office of Foreign Assets Control of the U.S. Department of Treasury), and various state Sexual Offender Registry records, or other records or information related to the candidate’s suitability for the position.
CRITICAL INFRASTRUCTURES: For Homeland Security purposes, "critical infrastructures" normally refers to public utility, communications, water, emergency management, law enforcement, public health, transportation, agribusiness, financial and governmental systems that are essential to ensuring public safety, national security and the economic stability of the state or nation.
EMPLOYEE: A person who is hired by Virginia Western Community College to perform a service in exchange for salary or wages. A "Rehired Employee" is a person who has been previously employed by Virginia Western and has had a break in service as defined by State policies.
FAIR CREDIT REPORTING ACT: The Fair Credit Reporting Act (FCRA), enforced by the U.S. Federal Trade Commission (FTC), is designed to promote accuracy and ensure the privacy of the information used in consumer reports and investigative consumer reports. The FTC treats criminal background investigations as investigative consumer reports.
OFAC TERRORIST WATCH LIST: A list that identifies individuals and foreign countries targeted by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury as terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction.
SECURITY-SENSITIVE: Positions identified by Virginia Western management as directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures, and/or having responsibilities in safety, law enforcement, medical services, homeland security, or financial and government systems that are essential to ensuring public safety, national security and economic stability of the College.
Security-sensitive positions must undergo a fingerprint based criminal history check; submit to fingerprinting; and supply requested personal information to be used by the Department of State Police and the Federal Bureau of Investigation (FBI) in conducting the records check.
SENSITIVE POSITIONS: Positions identified by Virginia Western management that have access to significant levels of cash or negotiable securities, significant responsibility for the execution or approval of financial transactions and other fiscal areas, and those with significant data and resource access, privileged access to highly sensitive data or critical data processing systems, and/or unsupervised access to college, employee or student property.
TRANSFER: An employment situation when an employee moves to another department or changes job duties that moves an employee into a selected position.
G. Bonding
The college carries a blanket fidelity and surety bond on Virginia Western Community College employees. No additional bonding is necessary.
Prepared 1995
Significant Revision Effective 2/1/2007
RETURN-TO-WORK POLICY
The policies and procedures provided herein apply to all employees (classified, wage, full-time faculty, adjunct faculty, student, and work/study) of Virginia Western Community College. This policy shall apply to employees who are restricted in the performance of their essential functions due to compensable work-related injuries/illnesses and non-occupational injuries/illnesses.
II. Policy Statement
It is Virginia Western Community College’s policy to retain our valued employees, achieve a safe and timely return of injured or ill employees to the workforce, and reduce costs related to disability. This policy will have the flexibility to take into account the injured/ill employee’s special circumstances, using transitional duty assignments when appropriate. Procedures have been established to implement this policy. The college will educate all employees on the Return-to-Work Policy.
III. Definitions
A. Return-to-Work Coordinator: The Human Resources representative designated to coordinate the provisions of the college’s return-to-work policy.
B. Maximum Medical Improvement (MMI): Point at which employee has recovered and no further progress is anticipated.
C. Transitional Duty: A temporary situation when an employee returns from a personal or work-related injury or illness to medically restricted or modified duties. Duties assigned can be those identified in the employee's current job description with restrictions or another assignment.
D. Transitional Employment Plan (TEP): Documentation of the duties the employee will perform during the transitional duty period. (attachment)
E. Transitional Employment Team: The Human Resource Manager, Return-to-Work Coordinator, and the immediate supervisor of the position are designated to develop transitional duty assignments for the employee.
F. Virginia Sickness and Disability Program (VSDP) - Program administered by the Virginia Retirement System which provides employees with income replacement during periods of short- and long-term disabilities.
G. Workers’ Compensation Coordinator: The Human Resources representative designated to coordinate the provisions of the college’s and the Commonwealth’s Workers’ Compensation policies and procedures.
H. Workers' Compensation Program (WCP) - Program administered by the Department of Human Resource Management for state employees in accordance with § 65.2 Code of Virginia.
IV. Procedures
A. Employees must immediately notify their supervisor and Human Resources of work-related injuries, and the employee and the supervisor must complete reports in accordance with the Virginia Western Community College Workers’ Compensation Policy.
B. The Workers’ Compensation Coordinator will complete the Employer's Accident Report (EAR) and submit this to Risk Management within 10 days of the incident.
C. A Human Resources representative will confirm that the employee is offered a panel of 3 physicians. Within 72 hours of the initial examination, a Human Resources representative will communicate with the attending physician to discuss return-to-work options, to include the ability to provide transitional duty.
D. In the case of a non-occupational injury/illness for a VSDP participating employee, the employee will contact the VSDP program. The VSDP program will work with the agency Return-to-Work coordinator, supervisor and employee to facilitate a return-to-work.
E. In the case of a non-occupational injury/illness for an employee participating in the traditional leave program, supervisors confirm leave is necessary and request doctor’s excuses as determined appropriate to confirm the need for absence. The supervisor will notify Human Resources as soon as he or she confirms that the employee will be absent in excess of 5 workdays.
***RETURN-TO-WORK PROCESS BELOW WILL APPLY FOR ALL WORK-RELATED/NON-WORK-RELATED INJURIES/ILLNESSES. ***
F. The Return-to-Work Coordinator will submit the position description and physical demands if necessary to the attending physician within 5 days of receiving notification of injury/illness, including documentation detailing the Return-to-Work Program.
G. If the employee is released to return to work and can perform the regular duties of his or her pre-injury/pre-illness position, he or she will give the release to Human Resources to coordinate a start date to report to work, which will normally be upon receipt of the attending physician’s written release. The Workers’ Compensation Coordinator will submit a supplemental report indicating this return to work to the WCP, and the Return-to-Work Coordinator will notify VSDP if applicable of the employee's return to work.
H. If the employee is released to work with restrictions, the employee will provide Human Resources with the written documentation from the attending physician. If the Return-to-work Coordinator is unclear on the stated work restrictions for the employee, clarification will be sought immediately from the attending physician. The Transitional Employment Team will review the restrictions set forth by the attending physician and will make a decision if the agency is able to provide transitional duty for the employee. Transitional duty must meet the agency's staffing needs and accommodate the employee's medical restrictions while taking into consideration the welfare and safety of the employee, co-workers, and students.
I. The Return-to-Work Coordinator will schedule an initial return-to-work meeting within 5 business days with the injured/ill employee and the Transitional Employment Team to coordinate the return to work. They will meet and discuss and develop transitional duties, which will focus on the employee's abilities, comply with the employee's medical restrictions, and support Virginia Western Community College’s mission.
J. If the employee cannot return to work in his or her pre-injury/pre-illness department, the Human Resource Manager and the Return-to-Work Coordinator will attempt to coordinate a return to work within another department.
K. If transitional duty is not possible for an employee within the agency or the employee is not released to work, the Workers’ Compensation Coordinator or the Return-to-Work Coordinator, as applicable, will maintain communication with the employee, WCP, VSDP (if applicable), and the attending physician at least once per month in order to obtain the employee’s prognosis for recovery and the employee's functional capacity.
L. The Return-to-Work Coordinator will complete the Transitional Employment Plan (TEP) and review it with the Human Resource Manager, the supervisor, and the injured/ill employee, obtain their signatures, and then submit it to the attending physician for approval.
M. For work-related injuries/illnesses, the Workers’ Compensation Coordinator will submit a supplemental report indicating this return to work to the WCP, and the Return-to-Work Coordinator will notify VSDP if applicable of the employee's return to work.
N. During transitional duty, the Return-to-Work Coordinator will meet with the injured/ill employee to discuss concerns and to evaluate progress every 2 weeks. This transitional duty can be altered, upgraded, or changed in a manner consistent with medical restrictions and in accordance with an individual's improved condition.
O. The Return-to-Work Coordinator in coordination with the Human Resource Manager and the supervisor may amend the transitional duty should the employee demonstrate improvement or regression. Any amendments must be resubmitted to the attending physician for approval and a copy forwarded to WCP and VSDP, if applicable.
P. Transitional duty shall be made available to those employees who are expected to return to their pre-injury/pre-illness position and may not normally exceed 90 days. At the conclusion of 90 days, the supervisor in consultation with Human Resources may terminate the transitional duty assignment.
Q. If it is reported by the attending physician that the employee has reached maximum medical improvement and a determination is made that the employee has long-term restrictions that result in his/her inability to perform the essential functions of his/her primary position, the provisions of the Americans with Disabilities Act (ADA) and other applicable laws will be applied to determine suitability for employment.
V. Responsibilities
A. The Return-to-Work Coordinator is responsible for policy and procedure oversight.
B. The Human Resources Manager is responsible for technical guidance, administration, communications and training and the assignment and supervision of Return-to-Work Coordinator.
C. The Return-to-Work Coordinator is responsible for policy and procedure execution and transitional duty assignment compliance.
D. The Human Resources Manager is responsible for coordination with agency policies and procedures concerning Workplace Safety and Health.
E. The Return-to-Work Coordinator is responsible for routine technical guidance and assistance to supervisor and employees, communication and training coordination and employee's file and documentation maintenance.
VI. References
Governor's Executive Order 52(99)
Governor’s Executive Order 94(05)
65.2 Code of Virginia§
Virginia Western Community College Workers’ Compensation Policy
VII. Review Date
This policy shall be reviewed and revised accordingly by April of each year.
The above policy concerning the Return-to-Work Program is hereby approved for Virginia Western Community College.
__________________________ ________________________
Robert H. Sandel, President Date
04/06