4.0 Employee Relations

4.0 Employee Relations

4.01 Employee Code of Ethics

4.01 Employee Code of Ethics

Title: Employee Code of Ethics
Number: AP 4.01
Adopted: March 1995
Reviewed: March 2017
Revised: March 2017

Nicolet College employees are ambassadors of the College and are expected to present themselves professionally while on college business, during nonwork hours while traveling on college business, and in the community.

Acceptance of Gifts, Favors, Honoraria, or Paid Expenses

  • No person may offer, give, solicit or receive anything of value to/from an employee, or his/her immediate family and/or organization that would influence or be perceived to be an attempt to influence an employee's official actions, judgments, decisions, or manner of performing his/her duties.
  • Gifts from students or vendors either doing business with the College or desiring to do business with the College that are less than $25 in value and could not reasonably be expected to influence any official action, judgment, decision or duty may be accepted.
  • Gifts from students or vendors either doing business with the College or desiring to do business with the College that exceed $25 in value will be accepted on behalf of the College and turned over to the College or the Foundation.
  • Prior to representing the College, employees must consult with their direct supervisor. After preliminary approval, employees will then submit the Notice of Honoraria or Paid Expenses form to their supervisor. When representing the College, any fees, honoraria or reimbursements tendered must be paid to the College. 
  • Desk or review copies of textbooks or other free instructional materials are property of the College. 
  • Any royalties accrued by instructors through the requirement of book purchases by authors to their own students must be donated to the Nicolet Foundation.

Confidential Information

An employee may not use confidential information gained in the course of employment other than in the performance of official duties.

Conflict of Interest

Employees must avoid a conflict of interest, or the appearance of a conflict of interest, between personal interests and public responsibilities.

A conflict of interest could exist:

  • When an employee influences, or is in the position to influence, either directly or indirectly, College business or other decisions in ways that could lead to gain for the employee, his/her immediate family, or any third party.
  • When an employee uses the College facilities, equipment, supplies, or reputation for personal gain or to sell goods or services.
  • When an employee’s behavior impedes the operations of the College.

Fraud

Fraud includes any willful or deliberate act committed with the intention of obtaining an unauthorized benefit, such as money or property, by misrepresentation, deception, or other unethical means.

  • Knowingly making false allegations of fraudulent behavior with the intent to cause harm to another individual is subject to disciplinary action, up to and including termination of employment.  All employees are expected to report any suspected instance of fraud.

Nepotism

Nepotism is favoritism shown to a family member or individual with whom the employee is in a Consensual Relationship. Employees may not engage in any form of nepotism.

An employee cannot be directly involved in employment-related processes, supervision, or decisions impacting a family[1] member or individual with whom the employee is in a Consensual Relationship.

Integrity of Records

Records and accounting information must be accurate and maintained with reliability.  Falsifying records or information, or being a party to the falsification of records or information, is prohibited.  Intentionally destroying records maintained by the College is also a violation. Employees who have knowledge of false or inaccurate records and accounting information must report this information to their supervisor or the Director of Human Resources.

Ownership Interests

No employee or business in which an employee owns or controls, directly or indirectly, at least 10% interest may enter into a lease of real property or sale of services with the College, except that the Nicolet College Board of Trustees, upon request, may waive this prohibition where it is in the best interests of the College.

Reporting Procedures

Employees who have any knowledge or reason to suspect that any type of conduct which violates this policy has occurred will notify his/her immediate supervisor or another administrator immediately. 

Whistleblower Protection

All employees are assured that no retaliation of any kind is permitted against any employee for complaints or concerns brought forward in good faith.  No employee will be adversely affected because the employee refuses to carry out a directive which would aid or assist in fraud or unethical conduct covered by this policy, or which would enable or contribute to a violation of law.

It is a violation of this policy to retaliate against or penalize any individual for reporting in good faith a violation of this policy or for cooperating, giving testimony, or participating in an investigation, audit, proceeding or hearing related to this policy.  Appropriate disciplinary action up to and including discharge will be taken against those found retaliating against the employee.

[1] Family for the purpose of this policy is defined as: spouse, domestic partner, mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step family, grandparent and legal guardian or other person who stands in place of a parent.

4.02 Notice of Outside Employment

4.02 Notice of Outside Employment

Title: Notice of Outside Employment
Number: AP 4.02
Adopted: March 1995
Reviewed: February 2020
Revised: August 2020

Full-time employees should consider Nicolet College as their primary employer.  This policy does not prevent an employee from accepting outside employment, adjunct teaching assignments, or self-employment that does not interfere or conflict with the employee’s full-time College duties, however employees must notify the College of outside employment to ensure no conflict exists with performance of Nicolet College job duties.                                                                   

To ensure that there is no conflict of interest, employees must consult with their supervisor, and submit the Notice of Outside Employment and Adjunct Teaching Assignments to Employee Relations before engaging in outside employment or adjunct teaching assignments.

4.03 Pre-employment Criminal Background Check

4.03 Pre-employment Criminal Background Check

Title: Pre-employment Criminal Background Check
Number: AP 4.03
Adopted: April 2006
Reviewed: June 2020
Revised: June 2020

Offers of employment will be made contingent upon successful completion of a background check. Employee Relations will review all local, state, county and federal criminal history information as appropriate.

The College does not discriminate against applicants for employment on the basis of arrest, pending criminal charge, or conviction record.  Although a disqualification on the basis of a pending criminal charge or conviction record is possible (in accordance with federal and state laws), a previous conviction does not automatically disqualify an applicant from consideration for employment. Depending on a variety of factors (e.g., the nature of the position, the nature of the conviction, or the time elapsed since the illegal activity occurred) the applicant may still be eligible for employment.

A pending criminal charge or a conviction record that is determined to be substantially related to a position for which an applicant is being considered will preclude the College from hiring the individual.  In addition, if an applicant attempts to withhold information or falsify information pertaining to previous convictions, they will be disqualified from further consideration for any position. If employment is denied based on the findings of the background check, the applicant has the right to be informed of the reason.

The applicant will be required to complete a release form to authorize the College to conduct the background check. Refusal to complete the form will disqualify the applicant from consideration for the position.

Except as authorized by the individual in writing, or as required by law, information gathered will be disclosed only to College staff with a business need to know.

4.04 Family and Medical Leave

4.04 Family and Medical Leave

Title: Family and Medical Leave
Number: AP 4.04
Adopted: May 2007
Reviewed: June 2020
Revised: June 2020

Nicolet College complies with the state of Wisconsin and the federal Family and Medical Leave laws.  All employees must consult with Employee Relations before going on Family and Medical Leave, or as soon as possible if due to an emergency or unforeseeable circumstance.  Taking leave under this policy will not be used against an employee in any employment decisions including the determination of raises or discipline.

There may be times when an employee uses leave provided by the College which will qualify as Family and Medical Leave even though the employee has not specifically applied for Family and Medical Leave.  The College has the right to designate such absences as Family and Medical Leave if the contractual leave used is no more restrictive than that provided by law.  If an employee’s absence is designated as Family and Medical Leave, they will be contacted by Employee Relations.

Eligibility

Federal: Employees are eligible for federal Family and Medical Leave if they have worked for Nicolet College for at least 12 months and at least 1,250 hours within the previous 12-month period.  The federal Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid, job-protected leave during any 12-month period to eligible employees for the employee’s own serious health condition; the serious health condition of an employee’s spouse, dependent child, or parent; the birth, adoption, or foster placement of a child with the employee; or for a qualifying exigency, as described below.  The employee will be required to use available sick leave during federal FMLA before any time can be taken unpaid.  However, the employee may also choose to substitute available vacation or personal leave for sick or unpaid leave.

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

In addition, eligible employees may take up to 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period.  A covered servicemember is:  (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.”

State: An employee is eligible for Wisconsin Family and Medical Leave (WI FML) if the employee has been on the Nicolet College payroll for at least 52 consecutive weeks, and has worked at least 1,000 hours in the preceding 52 week period.  Employees eligible for WI FML may take up to two weeks of leave for the employee’s own serious health condition; two weeks for the serious health condition of an employee’s spouse, dependent child, parent or parent-in-law, domestic partner or domestic partner’s parent if legal requirements are met; and six weeks for the birth or adoption of the employee’s child.  Under WI FML employees may not take more than eight weeks of leave in a calendar year for any combination of the above entitled leave.  The employee may choose to substitute available vacation, sick, or personal leave for unpaid leave.

Intermittent Leave or Reduced Leave Schedule

FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances.  Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason.  Intermittent leave may or may not be regularly scheduled.  A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday.  Employees must give a 30-day notice for intermittent FMLA leave that is foreseeable, or as much notice as practicable if it is not possible to give a 30-day notice.  If the need for intermittent FMLA leave is unforeseeable, the employee must give notice as soon as practicable.  If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, then the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the College.  An employee may request intermittent FMLA for the birth or adoption of a child. However, such requests may not be granted in all instances.

Notice and Certification

Nicolet administers its 12-month period for the federal FMLA on a rolling backward schedule (12 months measured backwards from the date of any FMLA usage).  WI FML entitlement runs on a calendar year.  Leave which qualifies under both the federal and state FMLA is to be used simultaneously.  An employee wishing to take FMLA leave must notify Employee Relations, who will determine the employee’s eligibility and provide the employee with the necessary paperwork.  When the leave of absence is foreseeable, the College requests employees give a 30-day notice.  If it is not possible to give a 30-day notice, the employee must give notice as soon as practicable.

The College may require medical certification to support a request for leave due to a serious health condition, and may require second or third opinions (at the expense of the College).  In cases of an employee’s serious medical condition, a return-to-work document signed by the physician or health care provider will be required before an employee may return to work.

It is not necessary for employees to disclose the nature of their “serious health condition” to their supervisor or to Employee Relations.  Medical certification from the employee’s health care provider will serve to confirm his/her eligibility for medical leave.  However, any information an employee provides will remain confidential.

Benefits during Leave

During FMLA leave, an employee’s group health benefits will be maintained, provided that the employee continues to pay the required employee premium contributions during the leave.  If a required employee contribution is more than 30 days late, the employee’s health care coverage will terminate.  Additional information regarding premium payments will be provided by Employee Relations upon an employee’s request for leave.

Return to Work

An employee returning from FMLA leave is entitled to be reinstated to the employee’s prior position, or if that position is no longer available, an equivalent position with the same pay, benefits, and other terms and conditions of employment.  Employees’ benefits will be reinstated after FMLA leave as though a leave had not been taken.  If an employee wishes to return to work before the leave was to end, the employee must notify Employee Relations at least two days prior to the desired return date.  In the case of a serious medical condition, a return to work form signed by the employee’s physician or health care provider is required.

Failure to Return after FMLA Leave

If an employee, without approval from Employee Relations, does not return from FMLA leave on the day indicated on the original application or in any approved change of that date, the employee will be considered to have voluntarily resigned from employment with the College as of the day on which the employee’s FMLA was to end.  In the event this occurs, the College reserves the right to collect from the employee any employer-paid benefits payments made while the employee was on leave, unless the employee’s failure to return to work is due to circumstances outside of the employee’s control (e.g., the continued serious health condition prevents returning to work).

Failure to Meet Policy Requirements

If an employee fails to meet the requirements laid out in this policy, the request for FMLA may be denied or delayed until the requirements are met.

All campus buildings have posted information on Wisconsin and federal laws.  Contact Employee Relations for additional information.

4.05 Alcohol and Drug Use

4.05 Alcohol and Drug Use

Title: Alcohol and Drug Use
Number: AP 4.05
Adopted: March 1995
Reviewed: March 2020
Revised: November 2019

The College will adhere to all federal, state, tribal, and local laws concerning the use of alcohol and other drugs and will support efforts to address violations of these laws.

The College recognizes that the use of alcohol and other drugs may impair performance or safety, may interfere with proper functioning or behavior, and in certain instances leads to dependency.  The College also recognizes that such chemical dependency is a serious illness.  An employee or student needing help with dependency is encouraged to seek the appropriate medical and other community resources.

Possession, manufacturing, sale, distribution, unauthorized use, or being under the influence of controlled substances, illicit drugs, or alcohol by anyone while on College controlled property, at any College sponsored or related activity, or while operating a College owned/leased vehicle is strictly prohibited. Violations of this policy will result in disciplinary action.

Exceptions

Drugs prescribed by a person licensed to prescribe or dispense controlled substances, or drugs used in accordance with their instructions, are not subject to this policy.  Students or employees using any substances or drugs that cause drowsiness or other side effects that may impair their ability to perform their tasks properly and safely are obligated to inform the supervisor and/or instructor of such medications.  Individuals will not be allowed to operate equipment or perform activities that have the potential for injury to themselves or others if impairment is suspected.

The possession, manufacturing, sale, distribution, and unauthorized use of alcohol on College premises is prohibited with the exception of preparation and cooking of foods in the culinary arts courses, providing of beverages at functions authorized by the College President or designee, or controlled use in law enforcement training.

A written request must be submitted to the President for authorization to use or serve alcohol at the College.   A licensed bartender and valid liquor license or licensed catering service is required when providing alcohol at College functions.

Documenting Authorized Use

Documentation of Authorized Use shall be maintained in the office of the Director of Risk, Compliance, and Security.

Referral of Suspected Violations

In an emergency, call 9-1-1. Employees must immediately refer anyone showing behavioral evidence of alcohol or illegal drug use to The Director of Risk, Compliance, and Security, a Campus Security Officer, Human Resources, a Supervisor, or an Executive Leadership Team member.

Employees must immediately (or as soon as practical), report anyone showing behavioral evidence of alcohol or illegal drug use to Campus Security or the Emergency Response Team.

Employees must refer any employee or individual under the following circumstances:

  • Believed to be in violation of this policy.
  • Exhibiting signs, symptoms, or indications of an alcohol or other drug-related problem.
  • Self-disclosing of alcohol/drug-related use that places them or others at risk or in imminent danger.
  • Judged to present a risk of imminent danger to self or others.

Self-Reporting for Student Citation, Arrest, or Conviction

In the event that a student is cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on or off campus) the student must notify the Director of Risk, Compliance, and Security within 48 hours or as soon as practicable thereafter.  Failure to do so will result in a referral to a Student Conduct Officer and appropriate disciplinary action may be taken up to and including expulsion.

Self-Reporting for Employee Citation, Arrest, or Conviction

In the event that employees are cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on or off campus), the employees must notify their immediate supervisor and the Director of Human Resources within 48 hours or as soon as practicable thereafter.  Failure to do so will result in appropriate disciplinary action up to and including termination.

As mandated by the Drug Free Workplace Act of 1988, employees must, as a condition of employment, report any criminal drug statute conviction for a violation occurring on or off College premises while conducting College business.  A report of the conviction must be made to the Director of Human Resources within five (5) days after the conviction.  Failure to provide this notification in the required timeframe will result in appropriate disciplinary action up to and including termination.

Employees may be required to participate in an appropriate rehabilitation program.  Successful completion of an appropriate program, including an after-care plan, may be a requirement for continued employment. Any employee testing positive following completion of a rehabilitation program will be subject to discipline action up to and including termination.

Reasonable Suspicion

The College may require an employee to consent to testing for use of alcohol, illegal drugs, or unauthorized use of prescription drugs for any of the following reasons:  

  • Reasonable suspicion.
  • Employee involvement in a work-related accident involving bodily injury or damage to property.
  • As required or authorized by state or federal law.
  • After the employee returns to work following completion of a rehabilitation program and periodically thereafter.

Employees withholding consent for required testing may be subject to disciplinary action, up to and including termination.

The College will take all reasonable precautions and comply with applicable state and federal laws and regulations pertaining to employee privacy and confidentiality of test results.  Violations of this policy, confirmed positive test results, or refusal to consent to testing, may result in disciplinary action pending a thorough investigation by the College.

Transportation to a Medical Facility

Nicolet College reserve the right to contact emergency services (9-1-1) to respond to any individual whom – based on a reasonable suspicion – appears to be under the influence of drugs and/or alcohol while on the Nicolet College campus or any of its off-campus outreach location.

Employees that have consented to drug and alcohol testing will be transported to the appropriate medical facility by appropriate agents of the College.  Nicolet College reserves the right to contact emergency services (9-1-1) should the employee withhold consent for testing.

 

 

 

4.06 Employees with Pending Criminal Charges or a Conviction Record

4.06 Employees with Pending Criminal Charges or a Conviction Record

Title: Employees with Pending Criminal Charges or a Conviction Record
Number: AP 4.06
Adopted: April 2006
Reviewed: June 2020
Revised: June 2020

In accordance with federal and state laws, Nicolet College does not discriminate against employees on the basis of arrest or conviction record.  However, criminal charges and/or a conviction record that is determined to be substantially related to a particular position held by an employee will require the College to take appropriate action.

If an employee is arrested and/or charged with a criminal offense, the employee must notify the Director of Employee Relations and Organizational Development within 48 hours or as soon as practicable thereafter.  Failure to do so will result in appropriate disciplinary action up to and including termination.

If an employee is convicted of a criminal charge, the employee must notify the Director of Employee Relations and Organizational Development within five (5) days after the conviction.  Failure to provide this notification in the required timeline will result in appropriate disciplinary action up to and including termination.

 

4.07 Children in the Workplace

4.07 Children in the Workplace

Title: Children in the Workplace
Number: AP 4.07
Adopted: November 2016
Reviewed: March 2020
Revised:

Nicolet College values family life and has worked to develop policies and benefits that seek to provide a supportive work/family environment.  While we seek to provide an environment open to work and family issues, the College cannot allow the continued or reoccurring presence of children (defined as persons below the age of sixteen years old) in the workplace for the following reasons: (1) the potential interruption of work; (2) health and safety concerns; and (3) liability to the College.

Policy Principles

Children are welcome on campus when the purpose of their visit is to attend classes or to participate in college sanctioned activities specifically scheduled and designed for their benefit. Additionally, children may be brought to the workplace by parent employees for other exceptional times when common sense would dictate that it is more efficient for the employee to bring the child into the workplace (e.g., before or following a physician’s appointment if the child is not contagious).  The parent employee must supervise the child on such visits and ensure that they are not disruptive to other employees in the work place.  During these visits, children must not be left unattended or with other employees.

It is not appropriate for children to be in the workplace on a regular basis, including after school or school holidays.  Any child with an illness that prevents the child from going to a childcare facility or from attending school should not be brought to the workplace.  No child with an infectious disease should be brought to the workplace under any circumstances.  If employees must attend to their children, and short term childcare cannot be arranged, employees should take sick or other available leave time, as appropriate per College policy, to accommodate their children during working hours.

Employees who bring children to the workplace are responsible for all aspects of the child’s behavior.  The employee is responsible for the child’s safety and is financially responsible for any damages caused by the child.  The College does not accept liability for injuries to children on College premises in violation of this policy.

The department’s supervisor may direct the employee to remove the child from the workplace at any time if the supervisor determines that this policy has been violated or that a child’s presence negatively impacts College interests.

Questions regarding children in the workplace must be directed to your supervisor or Human Resources.

4.08 Children on Campus

4.08 Children on Campus

Title: Children on Campus
Number: AP 4.08
Adopted: November 2016
Reviewed: March 2020
Revised:

To protect the safety of young visitors and to avoid disruptive behavior, children accompanying students, or visitors of Nicolet College must be under the constant supervision of a responsible adult while on Nicolet College property or on the site of any approved off-campus class or other Nicolet College event.  Employees of the College have assigned duties and cannot take supervisory responsibility for any unattended children of a student, fellow employees, or visitors.  Children should not be unattended in any College facility at any time.

Policy Principles

The College assumes no responsibility or liability for children, nor for any accidents or injuries to children. For the purposes of this policy, a child is defined as any youth under the age of 16 who is not officially registered in a Nicolet College program.

Students are expected to arrange for their personal childcare while participating in a Nicolet College program.  Children are not permitted in classrooms. Exceptions may be granted, for a limited period of time, by obtaining prior approval from the faculty member responsible for the class. Children are not allowed in high-risk areas under any circumstances.

No child shall be left unattended on the Nicolet College campus, including in buildings, on campus grounds, or in a vehicle.  Nor should a child be left with a College employee unless that child is participating in an authorized program of the College.

If an unattended child is observed on campus, the Nicolet College employee observing the child should attempt to obtain the child’s name and then report the situation immediately to Nicolet College Security.  Security will attempt to locate the child’s parent, legal guardian, or caregiver to remedy the situation.  If the parent, legal guardian, or caregiver cannot be found in a reasonable amount of time, security may refer the situation to the Department of Social Services or other appropriate agencies.

4.09 Consensual Relationships

4.09 Consensual Relationships

Title: Consensual Relationships
Number: AP 4.09
Adopted: August 2017
Reviewed: June 2020

Revised: June 2020

Consensual amorous or sexual relationships between a supervisor and an employee or between employee and students at Nicolet Area Technical College (“Nicolet College”) may result in claims of sexual harassment, even when both parties appear to have consented to the relationship. The power differential inherent in such relationships may compromise an employee or student’s free choice. When those in authority abuse or appear to abuse their power in a relationship, trust and respect in the Nicolet College community are diminished. Moreover, others who believe they are treated or evaluated unfairly because of such a relationship may make claims of favoritism, discrimination, and/or harassment.

Therefore, it is a violation of this policy if employees become involved in amorous or sexual relationships with students who are enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. No employee shall become involved in an amorous relationship, consensual or otherwise, with a student for whom that person currently has College related responsibility including but not limited to, teaching, counseling, advising, coaching, or supervision.

Additionally, it is a violation of this policy for a supervisor and a directly reporting employee to have a consensual amorous or sexual relationship with each other. In cases in which a consensual sexual or amorous relationship exists or develops between a supervisor and a directly reporting employee, it is the obligation of the supervisor to disclose the relationship immediately to their supervisor, who will contact Human Resources for assistance in how to avoid an appearance of impropriety and a potential conflict of interest.

In all cases in which an amorous or sexual relationship exists or develops, it is the obligation of the employee whose college position carries the presumption of greater power to disclose the relationship immediately to the appropriate supervisor, who will contact Employee Relations for assistance in avoiding an appearance of impropriety and a potential conflict of interest.

4.11 Remote Work Policy

4.11 Remote Work Policy

Title: Remote Work Policy
Number: AP 4.11
Adopted: December 2018
Reviewed: February 2020
Revised:
February 2020

Nicolet College offers the possibility of working remotely to employees whose work can be seamlessly performed at locations other than workspaces provided by the College. A remote work arrangement allows an employee to work either part or all of the workweek without being physically present on campus if approved by his or her supervisor.

Supervisors (in consultation with Employee Relations), are authorized to approve remote work arrangements with agreement from the appropriate member of the Executive Leadership Team. Employees must complete the Remote Work Request form (add hyperlink) and submit the form to their supervisor. The employee and supervisor meet to discuss the request. If approved, job expectations and responsibilities will be clarified, and methods of communications by the remote worker should be established with co‑workers.

Eligibility

Full-time regular exempt and non-exempt employees may be eligible for consideration for remote work after successful completion of a 6-month probationary period.

In addition to holding a position with responsibilities appropriate for remote work, employees must have the discipline and the ability to demonstrate success in a remote work arrangement.

Employees who are in corrective action (discipline) status and/or have an active Performance Improvement Plan will have eligibility determined on a case-by-case basis.

Prior approval to work remotely may be forfeited by employees who become subject to corrective action and/or who are placed on a Performance Improvement Plan.

Responsibilities

Remote work does not change the terms or conditions of employment or required compliance with College policies, procedures and/or work rules.

Tax and other legal implications may be incurred for business use of the employee’s home based on IRS and state and local government restrictions. Responsibility for fulfilling all obligations in this area rests solely on the employee. 

Employees are responsible to ensure an ergonomically appropriate and safe work environment.

Hours Worked/Time Reporting

Non-exempt, hourly employees will be required to record all hours worked in accordance with College policy. For hourly, non-exempt employees, hours worked in excess, or outside of normal scheduled hours will require advance approval of the supervisor. All employees must use the appropriate leave benefit for time away from work.

Remote Work and Personal or Family Obligations

Employees are required to maintain a professional work environment when working remotely. An accepted definition of a professional work environment is maintaining the ability to communicate with internal/external customers and participate in conference calls without distractions or interference. Anything that might cause disruption in a remote location should be proactively addressed. Remote work arrangements are not intended to enable employees to provide care or perform other work unrelated to their employment during work time. An employee’s schedule may be modified to accommodate child, spouse, or elder care needs, but the focus of the arrangement must be on job performance.

Employee Relations can suggest resources for information on how to be successful as a remote worker.

Information Security

Employees working remotely are expected to ensure the protection of proprietary and confidential College, student and employee information. Steps may include use of locked file cabinets and desks, regular password maintenance, and any other appropriate measures.

Expenses/Equipment

In general, remote work arrangements should not create additional cost to the College. The College will not purchase or reimburse employees for the cost of an internet service provider, internet use, or phone expenses.

Insurance

Workers Compensation:  Injuries sustained by employees while at their home office or other remote location and in conjunction with their regular work duties are normally covered by the College’s workers compensation policy. Remote workers are responsible for notifying the College of work-related injuries or illnesses in accordance with our workers compensation procedure. In the event of an alleged work-related injury that results in an indemnity claim, the remote work location may be visited to conduct a claims investigation.

Homeowners Coverage:  The College’s liability coverage does not extend to the employee’s home or other remote work location.  The College may require the employee to obtain personal insurance to cover College-owned equipment (incidental business coverage endorsement), or depending on the circumstances, the College may require payment of the value of a College asset if damaged. Employees should note that some homeowner policies do not automatically cover injuries arising out of, or relating to, the business use of the home.  Employees may want to review their policies and have their homeowners/tenants liability policies endorsed to cover bodily injury and property damage to all third parties arising out of or relating to the business use of their home.  For coverage questions, employees should contact their personal insurance agent.

Termination of Remote Work Agreement

The remote work agreement may be discontinued at any time at the request of either the employee or supervisor. The supervisor reserves the right to immediately suspend the arrangement in case of unanticipated circumstances regarding employee performance or operational needs.

4.12 Intellectual Property

4.12 Intellectual Property

Title: Intellectual Property
Number: AP 4.12
Adopted: January 2020
Reviewed:
Revised:

Ownership and shared use of curriculum, instructional materials, and related intellectual property

I. Preface

Technological progress in teaching and learning brings challenges of clarity with regard to ownership and use of instructional materials across delivery modes. This policy statement explains and affirms that, unless otherwise specified in a separate agreement, curriculum, instructional materials, and related intellectual property resulting from the expertise and effort of Faculty authors or creators with the support of the College and/or use of College resources will remain available for future use by both the Faculty author and the College.

It is the College’s intent to develop high quality curriculum and instructional materials, and to maintain such materials academically, administratively, and technologically. To that end, the policy establishes guidelines for joint use and College ownership and license of intellectual property made by Faculty authors/creators, and it sets parameters for open access to curriculum and instructional materials.

II. Philosophy

Nicolet College Faculty bring specialized knowledge and skills to their work. The College provides faculty with material resources and professional development to create instructional material. College resources and Faculty expertise are essential to the educational mission of the College. Because of the complementary roles of Faculty and the College in creating curriculum, instructional materials and related intellectual property, a policy of shared use is in the best interest of all, especially students. Moreover, when Faculty leave College employment, both the exiting Faculty and the College should retain open access to the intellectual property as defined in this policy.

III. Definitions and Compliance

Curriculum Work

(a) Curriculum, instructional materials and related intellectual property are defined as courses, course materials, competencies, syllabi, learning objectives; lessons, assignments and projects, instructional materials (such as videos, presentations, communications, notes distributed to students, readings, other media), tests, and other assessments.  Methods, systems and protocols used to organize and teach a competency, course, or program and/or used to measure and report student learning are included. This shared use policy applies to all modes of delivery. Instructor personal notes are excluded.

(b) The College retains copyright ownership of curriculum, instructional materials and related intellectual property made by Faculty authors/creators as employees using College resources.

(c) Curriculum, instructional materials and related intellectual property created for specific courses will be licensed under the Creative Commons Attribution-NonCommercial-ShareAlike License (CC BY-NC-SA) and made permanently available to the Faculty author/creator and Nicolet.

(d) Some materials may incorporate parts of previously authored and/or copyrighted work and some may include links to other copyrighted materials. However, any assemblage or configuration of materials produced with College resources and related to instruction, presentation or assessment is considered curriculum materials and owned by the College.

Commissioned Work

(e) Commissioned courses, course materials, assessments and related intellectual property produced for the College by Faculty under the terms of a written agreement that is separate from and independent of an employment contract is commissioned work. Copyright ownership for commissioned work will be negotiated and specified in a separate written agreement.

Work for Professional Development

(f) Creative or intellectual work developed using Nicolet resources for the purpose of professional development, grants, outside presentations or publications in which the Faculty author/creator represents Nicolet reflect positively on Nicolet’s reputation. Copyright ownership will be handled on a case-by-case basis with the Faculty author/creator and their supervisor. Royalties, fees, or residuals will not be payable to Faculty or to third parties except as may be provided in the terms of a separately negotiated license or contract.

Faculty will meet with their Dean to establish Professional Development. The Dean, in consultation with the Chief Academic Officer, create an agreed upon contract for the faculty.