1.0 Introduction

The Employee Handbook is designed to provide all employees with clear, concise, and accessible information about employment at Middlebury College. Throughout the Handbook are links to specific College policies, procedures or related information.

The Handbook is intended solely to provide guidance on the mutual expectations shared by the College and its employees. It is not an employment contract and does not create any type of contractual obligations. Neither the employee nor the College is bound to continue the employment relationship if either, at any time, chooses to end it.

The College reserves the right to change, revise, or eliminate any of the policies described herein.

As faculty members are employed on a contractual basis, some of the policies and provisions contained herein are not applicable to them. Provisions applying solely to the faculty are described in the Faculty chapter of the College Handbook.

While the Employee Handbook provides much detail, it does not cover every situation. Questions about the information should be directed to Human Resources at ext. 5465.

1.1 Middlebury College Expects

The College expects employees to accomplish their tasks and duties competently and responsibly. The College has provided resources to assist employees in the successful execution of their position responsibilities. If work problems arise, employees are asked to contact their supervisors, a representative of Human Resources, a member of the Staff Council, or an ombudsperson.

An attitude of cooperation and goodwill benefits everyone, in work and in the contacts with students, alumni, and visitors to the campus.

Middlebury College expects all employees to abide by the Code of Conduct for Employees policy.

1.2 Middlebury College Offers

The College seeks to provide its employees with job satisfaction and opportunities for personal and professional growth.

In addition to the usual group benefits such as medical, life, and disability insurance, the College offers other benefits such as the use of the athletic facilities, including the swimming pool, tennis courts, fitness center, and free or reduced admission to athletic events, concerts, and various campus events.

2.1 Equal Employment Opportunity Policy

Middlebury College complies with applicable provisions of state and federal law which prohibit discrimination in employment, or in admission or access to its educational or extracurricular programs, activities, or facilities, on the basis of race, color, ethnicity, national origin, religion, sex, sexual orientation, gender identity and expression, age, marital status, place of birth, service in the armed forces of the United States, or against qualified individuals with disabilities on the basis of disability. Retaliation against any employee for filing or supporting a complaint of discrimination or harassment in violation of this policy is prohibited. Employees are encouraged to report suspected violations of this policy to their managers or Human Resources for prompt investigation and response.

2.2 Americans with Disabilities Act (ADA)

Middlebury College recognizes and supports the standards set forth in Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) and similar state laws, which are designed to eliminate discrimination against qualified individuals with disabilities. The College does not discriminate against qualified individuals with disabilities in any aspect of the employment relationship, and does provide reasonable accommodations as required by law to otherwise qualified employees or applicants with disabilities. Employment opportunities or privileges will not be denied to an otherwise qualified employee or applicant because of the need for reasonable accommodation of the individual's disability. Discrimination based on an employee's or applicant's association with a disabled individual is also forbidden. Employees with ADA-related concerns should contact Human Resources.

See also this web site:

Middlebury College Human Resources Procedures: ADA Compliance

2.3 Basic Information about Employment at Middlebury College

Hiring

Human Resources confirms by letter all appointments as well as all promotions, job transfers, and changes in employee status. Before being placed on the payroll, new employees must complete the necessary federal tax forms at the Human Resources office.

Form I-9

The College, in accordance with the Immigration Reform and Control Act of 1986, is committed to employing only those applicants authorized to work in the United States. As a condition of employment, all new and rehired employees must properly complete, sign, and date the first section of the U.S. Citizenship and Immigration Services Form I-9 within the first three days of employment. A newly rehired employee must complete the form within three days of starting work if the employee's previous I-9 is more than three years old, or his/her previous I-9 is no longer valid. An employee who does not properly complete the I-9 form within the legally required timeframe will not be permitted to continue to work until the form is completed.

Personnel Records and Changes in Personal Status

Employees are responsible for keeping their records current and accurate. Notification to the department head and Human Resources of any changes in personal status is critical. Such information is necessary to ensure correct coverage and, if appropriate, deductions for taxes, medical insurance, life insurance, etc. Incorrect or outdated information may affect employee benefits and the ability of the College to make the appropriate contacts in an emergency. The accuracy of an employee's entry in the College directory depends on the accuracy of that employee's files. Some changes that should be reported promptly include:

• Name
• Address
• Telephone number
• Marital status
• Names and social security numbers of dependents
• Birth dates of dependents
• Changes in dependent(s) status
• Beneficiary designations for benefit plans, such as retirement plan, life insurance, etc.

Employees may review the personal information in their personnel files by setting up an appointment with a representative of Human Resources. One business day's notice is required.

Failure to notify Human Resources of changes or falsification of records may result in disciplinary action up to and including termination.

Categories of Employment

The College developed a series of employment categories to identify the type of position held by each staff and faculty member. The employee's position type should be included in the letter notifying him or her of employment.

If at any time, an employee is unclear about the type of appointment s/he holds, the employee should seek clarification from either the department head or Human Resources. See section 3, Employee Benefits for benefit eligibility information.

Faculty members teach students. Faculty titles include: full professor, associate professor, assistant professor, visiting professor, instructor, lecturer, and assistant in instruction.

Staff members are hired to perform non-teaching duties in support of the College's academic mission.

Middlebury College classifies faculty and staff members according to the chart below. The primary basis for classification is committed hours for staff and instructional units for faculty. Committed hours are regularly scheduled and budgeted hours assigned to a specific position. Regardless of the number of hours actually worked, on-call positions have no committed hours. Human Resources will work collaboratively with managers to determine the classification of each position.

Employee Group Classifications - FACULTY

Classification	Duration	Full Time Equivalency	Instructional Units Per Year	Benefit Category
Full Time	Renewable Contracts (1-5 yrs)	.83 or 1	5 or 6	Eligible
Part-time Benefit Eligible	Renewable Contracts (1-5 yrs)	.50 or .67	3 or 4	Eligible
Part-time Not Benefit Eligible	Renewable Contracts (1-5 yrs)	< .50	< 3	Ineligible

Employee Group Classifications - STAFF

Classification	Duration	Full Time Equivalency (2080 hr/yr base)	HRS/YR (com- mitted hours)	Benefit Category	CTO Category
Full Time	on going	.80 to 1	1,664- 2,080	Eligible	Eligible
Part-time Benefit Eligible	on going	.48 to .79	1,000- 1,663	Eligible	Eligible
Part-time Not Benefit Eligible	on going	< .48	<1,000	Ineligible	Ineligible
On-Call	varies	0	0	Ineligible	Ineligible
Time Limited	9+ months with end date	varies	varies	Dependent on committed hours	Dependent on committed hours
Temporary /Seasonal	<9 months	varies	varies	Ineligible	Ineligible

2.4 Release of Information and Employment Confidentiality

Authorized staff members have access to confidential information about the College, its employees, and students. All employees must handle such information responsibly.

Since it can be difficult to distinguish legitimate inquiries from invasions of others' privacy, no information is to be divulged without proper authorization. Refer verification of employment inquiries to Human Resources. Human Resources will verify employment, job title(s), and dates of employment. An employee who wishes the College to provide further information regarding employment must complete an Information Release and Waiver Agreement. Waiver agreements are available from the Human Resources office and on the Web (Release and Waiver Agreement Form). Return completed copies to Human Resources. Specific references will not be provided without a completed Information Release and Waiver Agreement. Managers must verify that an Information Release Waiver is on file with HR before providing a reference to an external employer.

Direct all other requests for information (i.e. those involving private attorneys or state or federal agency representatives) to Human Resources.

2.5 Employment of Family Members

The College has no prohibition against hiring relatives of existing employees but understands that employment of relatives in the same area of the College may impact departmental functioning. To minimize any potential issues with regard to relatives working together, it is strongly recommended that an immediate family member does not have supervisory responsibilities for another family member. Immediate family is defined as spouse, domestic partner, civil union partner, grandparent, sibling, or child.

2.6 New Employee Orientation

New Employee Orientation (NEO) takes place biweekly on the first Monday of each pay period. The College's goal is to coordinate employment start dates with scheduled orientation dates whenever possible in order to provide a smooth transition to employment at Middlebury College. NEO sessions are offered for full-time and part-time employees as well as certain time-limited positions.

Orientation sessions are hosted by Human Resources and are designed to introduce new staff members to the history, culture, and mission of Middlebury College, as well as allow them to complete required employment paperwork.  The orientation program provides employees with the opportunity to meet different members of the community, tour the campus, review College policies, and enroll in benefit programs for which they are eligible.

2.7 Starting Work

When employees first report to work, their supervisors will show them the workplace, explain the responsibilities and procedures of the position, and answer any questions they might have.

Additionally, new employees will receive information from their supervisors about paychecks, College policies regarding overtime, CTO, sick leave reserve, attendance, performance evaluation, and wage reviews; keeping records current; automobile registration and parking; arrangements for necessary keys; lunch schedules and facilities; any required training associated with the position; and campus orientation.

Supervisors should access the Supervisor Check List for new employee orientation suggestions.

2.8 Provisional Period

All new, rehired, and newly promoted employees work on a provisional basis for the first three months. Employees are encouraged to take advantage of this period to determine whether the position meets their expectations and to get clarification concerning responsibilities. The College will use this period to evaluate an employee's capabilities and work habits. Either the College or the employee may end the employment relationship at will, with or without cause. Certain departments or positions may have longer provisional periods.

If an employee is absent from work for any significant period of time as defined by the supervisor during the first three months, the provisional period will be extended by the length of the absence automatically. If the College determines that it has not had sufficient time for a thorough evaluation of the employee's performance, it may choose to extend the provisional period for a specified length of time. The employee's supervisor will notify the employee of any extension, its length and reason.

Provisional employment status does not affect eligibility for employer-provided benefits. The terms and conditions of each determine eligibility for such programs.

If newly hired, transferred or promoted, an employee will receive a performance appraisal after one month and at the completion of the provisional period. Subsequent reviews occur annually between January and March, with an informal performance discussion every six months.

The provisional period may be waived at the discretion of the department or Human Resources. 

2.9 Scheduling and Hours of Operation

The College has many functional units with diverse objectives and operational needs. Employees should work with their supervisor and department head to understand the scheduling needs of the department and individual procedures related to hours and scheduling.

It is expected that administrative offices are open from 8:15 a.m. to 5:00 p.m., Monday through Friday. During standard office hours, it is expected that coverage of the office or department will be in place during that period of operation. A minimum of 30 minutes of unpaid time is included. The schedules of non-administrative departments are determined by work needs. Departments may provide one 15-minute break each day, scheduled by the supervisor.

Work schedules are subject to change, given seasonal and weekend demands. Any variation in the standard schedule for a given position must receive advance approval from the supervisor, who will advise all employees of their working hours.

Scheduling Alternatives

In order to provide a supportive and flexible workplace, scheduling alternatives are available. The department head will be responsible for the operation of the department and will give final approval of all schedule changes in consultation with the employee's direct supervisor. Department heads should discuss the service levels with their supervisors before approving the use of scheduling alternatives in the department. Due to the changing needs of the College, schedules may be changed at any time.

Flexible work schedules: Employees may request a change in the start and end of their workday provided they are able to complete their position responsibilities. Schedules are approved on a quarterly basis using standard calendar quarters. At the end of each quarter before approval is given for a subsequent quarter, a department is asked to review the impact on service and the orderly work of the department. It is important to perform an analysis of the impact on service levels of changing schedules.

Four-day workweek: It is possible that four 10-hour days or four 9.75-hour days could be worked in a week, thus giving the employee three days away. Generally in a four-day workweek, the days revolve so the employee has a four on/three off schedule, with the days worked and days off changing each week including weekends. The College will entertain those requests, particularly in Facilities Services and Dining Services. Employees on a four-day workweek may need to alter their schedule for important departmental meetings or College presentations.

Buying down the workday: Subject to the scheduling alternatives approval, non-exempt employees may reduce the length of their workday by taking Combined Time Off (CTO).
  Example: If an employee wanted to leave at 4:00 p.m. during January and February in order to drive home before it became too dark on potentially icy roads, the employee's supervisor could approve the request, provided there was sufficient staff coverage in the department until 5:00 p.m. The employee could use an hour of CTO time each day to reduce the workday.
   People need breaks and lunchtime in the middle of the day; therefore, employees cannot reduce the workday by permanently eliminating lunch periods and breaks from their schedules.

2.10 Safety & Security

Report all accidents or injuries occurring at Middlebury College, or while traveling on College business, as soon as possible.  Report accidents occurring in the course of employment to Human Resources; Public Safety should be notified of accidents involving students, guests, and visitors.

Please remember, it is important that employees report immediately any hazardous or unsafe conditions on campus so that we may take prompt action to remedy them.

Environmental Health and Safety Office

The establishment and maintenance of a safe work environment is the shared responsibility of the College and all its employees. The College attempts to protect employees against hardship and suffering from injuries and illnesses resulting from accidents or work conditions and to protect the College from potential losses, damages, and costs caused by such accidents and conditions. Therefore, the College strives to comply fully with the intent of all federal, state, and local laws governing the safety of the College community.

The Environmental Health and Safety Office is a resource for the entire College community. The Environmental Health and Safety Officer is a safety professional who assists employees in addressing their safety concerns, and may be reached through the Business Services Office.

All employees of the College are expected to follow all government safety regulations and College safety policies, to take an active part in protecting themselves and their coworkers from accident and injury, and to report promptly to their supervisors any hazardous conditions and practices. Both supervisors and employees at all levels of the College are expected to report and try to correct unsafe conditions as promptly as possible.

Blood-Borne Pathogens

OSHA's standard pertaining to employee exposure to blood-borne pathogens, such as HIV and Hepatitis B (HBV) viruses, is designed to educate and protect all employees in jobs in which exposure to blood or other potentially infected bodily fluids can be "reasonably anticipated."

Employees in covered positions are required to attend blood-borne pathogen training at the beginning of employment, as well as retraining, provided annually. Middlebury College maintains an exposure control plan that is available through the Environmental Health and Safety Office. If employees believe their position is one in which such exposure might occur and they have not received a copy of the plan or notice of the potential of such exposure, they should contact the Environmental Health and Safety Office immediately.

Ergonomics

Further information concerning the ergonomics program can be accessed at:
http://www.middlebury.edu/administration/bsnsvcs/Safety/policy/ergo.htm

Workers' Compensation

In compliance with Vermont state law the College provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment that is accepted as a workers' compensation claim. 

Return to Work Transitional Duty Program

Middlebury College supports the implementation of a Return to Work Transitional Duty Program (RTWTDP) to assist employees after the onset of both work-related and non-work-related injuries or illnesses. The RTWTDP is designed to provide a temporary work assignment allowing the employee to transition back into the position held prior to the onset of the injury or illness. The transitional position will be carefully designed to be appropriate for the skills, knowledge, and capabilities of the recovering employee so that the work can be accomplished safely. The RTWTDP is limited to employees with temporary illnesses or injuries. Transitional duty positions, when available, are always temporary and are assigned for a period of time usually not to exceed 12 weeks. In addition, employees participating in the program must have appropriate documentation from a medical care professional that evaluates their capability to work. It is the College’s responsibility to identify transitional work for the employee. Middlebury College has the sole discretion to determine whether or not there are transitional duty positions available considering the workload needs of the company.

Controlled Substance/Alcohol Testing for Employees with a Work-required CDL

All employees who hold a commercial driver’s license as part of their position responsibilities for travel within the state are required to participate in controlled substance/alcohol testing. This includes testing for pre-employment, random, post-accident, reasonable suspicion, and return to duty testing.
see: Controlled Substance/Alcohol Testing Procedure

2.11 Middlebury College Anti-Harassment Policy

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A. General Provisions

1. Introduction

Middlebury College is committed to maintaining a campus environment where bigotry and intolerance are unacceptable. Harassment, as defined by applicable law and the corresponding terms of this policy, is unlawful, and is antithetical to the mission of the College. Middlebury College strictly prohibits conduct that constitutes unlawful harassment, including sexual harassment.

Except as otherwise specified herein, this Anti-Harassment Policy applies to faculty, staff, and students, as well as to others who participate in Middlebury College programs and activities, including the undergraduate college, the Language Schools, the Bread Loaf School of English and Middlebury College Schools Abroad. Procedures for filing and resolving complaints of harassment in such programs are set forth in Section B below; however, where applicable law mandates different procedures and/or policies with respect to Middlebury College programs outside Vermont, those procedures and/or policies will apply.

Faculty, staff or students found to have violated this Anti-Harassment Policy may be subject to the full range of disciplinary actions, as applicable, up to and including termination of employment or expulsion from College academic programs.

2. Definitions

Harassment is defined as verbal, written, visual or physical conduct based on or motivated by a student’s or employee’s actual or perceived sex, sexual orientation, gender identity or expression, race, creed, color, place of birth, ancestry, ethnicity, religion, national origin, age, disability, a student’s marital status, or other characteristics as defined and protected by law in the location where a particular program is operating, that has the purpose or effect, from the point of view of a reasonable person, of objectively and substantially:

i. undermining and detracting from or interfering with an individual's educational or work performance or access to College resources; or

ii. creating an intimidating, hostile, or offensive educational, work, or living environment.

Harassment may include repeated slurs, or taunts in the guise of jokes, or disparaging references to others, use of epithets, stereotypes, comments, gestures, threats, graffiti, display, or circulation of written or visual materials, taunts on manner of speech, and negative reference to customs when such conduct is based on or motivated by one or more of the protected characteristics identified above, or other characteristics protected by applicable law.

In the College’s Vermont programs, harassment may also include conduct of the type described above that is based on or motivated by a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability, which has the type of purpose or effect described above.

Harassment may also include so-called quid pro quo sexual harassment, meaning unwelcome sexual advances, requests for sexual favors, and other verbal, written, visual or physical conduct of a sexual nature when:

i. submission to that conduct is made either explicitly or implicitly a term or condition of employment or educational status; or

ii. submission to or rejection of such conduct is used as a component of or as the basis for employment decisions (such as wages, evaluation, advancement, assigned duties or shifts) or educational/student life-related decisions (such as grades, class assignments, or letters of recommendation, or residence-related decisions) affecting an individual.

Examples of sexual harassment include, but are not limited to, the following:

• touching or grabbing a sexual part of a student’s or employee's body;
• touching or grabbing any part of a student’s or employee's body after that person has indicated, or it is known or reasonably should be known, that such physical contact was unwelcome;
• continuing to ask a student or employee to socialize on or off-duty when that person has indicated s/he is not interested;
• displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters if it is known or reasonably should be known that the behavior is unwelcome;
• continuing to write sexually suggestive notes or letters if it is known or reasonably should be known that the person does not welcome such behavior;
• referring to or calling a person a sexualized name if it is known or reasonably should be known that the person does not welcome such behavior;
• regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or reasonably should be known that the person does not welcome such behavior;
• derogatory or provoking remarks about or relating to a student’s or employee's sex or sexual orientation;
• harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation.

3. Retaliation

Retaliating against a person who has filed or supported a good faith complaint of any type of harassment as defined above, including but not limited to ostracizing the person, pressuring the person to drop or not support the complaint, or adversely altering that person's educational, living, or work environment, is strictly prohibited by College policy and may be unlawful depending upon the circumstances, whether or not the harassment complaint is ultimately found to have merit.

4. Confidentiality

People who have concerns about harassment often ask for assurances about confidentiality.

In general, the law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional or religious advisor. The medical, mental health, and religious professionals at Middlebury College respect and protect confidential communications from students, faculty and staff to the extent they are legally able to do so. One of these professionals may have to breach a confidence, however, when he or she perceives an immediate and serious threat to any person or property. In addition, medical and mental health professionals are required by law to report any allegation of sexual assault of a person under 18.

General inquiries to College officials about policies or procedures, and conversations in which the alleged wrongdoer is not identified by name or by implication from the circumstances may remain private. In all cases, Middlebury College will endeavor to protect the privacy of individuals to the extent it can do so consistent with its obligations to adopt and implement anti-harassment protocols. The College has an obligation to investigate complaints of harassment, however, and to take reasonable steps to prevent ongoing harassment (see below), so strict confidentiality may not be guaranteed.

Middlebury College is also part of a larger community and context. If there is an independent investigation or lawsuit related to a harassment or retaliation matter, those involved or others may be required by law to provide documents or testimony. Moreover, even where all parties involved wish to maintain confidentiality, the College may nevertheless need to intervene.

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B. Procedures for Addressing Harassment

1. In General

Faculty and staff in Middlebury College programs receive training on harassment and retaliation prevention and procedures. All members of the College community are expected to promote an environment free from prohibited harassment and retaliation. Employees with supervisory responsibility are expected to take steps to address and remediate harassment and retaliation should it come to their attention. Supervisors should report all complaints or suspected acts of harassment or retaliation (even if it does not involve direct reports) to the Human Relations Officer in accordance with Section 2, below, and/or to Human Resources. Depending upon the circumstances of a given situation, supervisors may be responsible for taking steps such as, by way of example but not limitation, addressing issues directly with staff, faculty, or students whom they supervise, facilitating informal resolution or mediation of issues, providing information on avenues to address questions of harassment and/or retaliation, or pursuing complaints under the complaint procedures described here. Failure of a supervisor to report or address harassment or retaliation complaints or suspected acts of harassment or retaliation appropriately may be considered a violation of College policy.

2. Complaints

Any Middlebury College student, faculty member or staff member who has reasonable cause to believe that harassment, including sexual harassment, has occurred or is occurring, or who believes that she or he has been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to bring that information to the immediate attention of the Human Relations Officer who is designated to receive such reports in the College program at issue. If the designated Human Relations Officer is unavailable, or if the Human Relations Officer has a conflict of interest, the report should be made to the designated alternate Human Relations Officer for the program at issue. The alternate shall have the same authority as the designated Human Relations Officer to process and investigate harassment and retaliation reports and complaints. Appendix A to this policy lists names and contact information for offices and/or individuals serving as Human Relations Officers and alternate Human Relations Officers in the College’s various programs and locations.

(I). Faculty/Staff

When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a staff or faculty member committed by a student, staff or faculty member, the College will initiate the following process:

a. The Human Relations Officer will determine initially whether the report or complaint alleges conduct that is prohibited by this policy.

b. If the Human Relations Officer determines that the report or complaint does fall within the scope of this policy, she or he will, individually or in conjunction with other College offices or individuals, conduct or supervise an investigation of the report or complaint that is appropriate under the circumstances.

c. The Human Relations Officer will then work with College offices that have authority over the individuals involved in the matter, and the College will promptly take any necessary and appropriate remedial action.

d. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment or retaliation against another staff or faculty member, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment or retaliation against a staff or faculty member, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the College program at issue, or other action as deemed appropriate under the circumstances.

(II). Students

When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a student committed by a student, staff member or faculty member, the College will initiate the following process:

a. A copy of this policy will be provided to the complainant and the person alleged to have engaged in harassing and/or retaliatory conduct.

b. If the complaint is oral, the Human Relations Officer or appropriate staff member will assist the complainant in reducing the complaint to writing, including the time, place, and nature of the conduct, and the identity of the participants and the complainant.

c. The Human Relations Officer will, within one business day of receiving the written complaint, commence an initial investigation to determine, within five business days, whether there is cause to believe that prohibited harassment and/or retaliation has occurred or is occurring (unless special circumstances warranting additional time are present and documented).

d. The Human Relations Officer may also at any time take appropriate steps, including by way of example only, issuance of no contact orders or temporary changes in assignment of duties, to protect complaining parties on an interim basis.

e. If the Human Relations Officer’s initial investigation results in a finding that there is cause to believe that harassment or retaliation has occurred or is occurring, the Human Relations Officer shall promptly appoint a fact finder, who shall conduct or continue an investigation and provide a report to the Human Relations Officer in sufficient time for the Human Relations Officer to make a final determination within thirty (30) days of the fact finder’s appointment. However, if the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary), the Human Relations Officer has the discretion to issue a final determination without the appointment of another fact finder.

f. If the Human Relations Officer’s initial investigation results in a finding that there is not cause to believe that the conduct complained of occurred, or, if it occurred, did not constitute prohibited harassment or retaliation under this policy, the complaining party may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above. If the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary) and the person complained against disputes this finding, the person complained against may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above.

g. The Human Relations Officer shall receive the report of the fact finder and complete a review of a matter referred under subsection e. or f. and make a final determination within thirty (30) days of the referral (unless special circumstances warranting additional time are present and documented).

h. If review of a matter referred under subsection e. or f. results in a finding by the Human Relations Officer that prohibited harassment or retaliation has occurred or is occurring, both the complainant and the person who engaged in the prohibited conduct shall be advised of a plan to address the conduct and to prevent harassment and/or retaliation from continuing. The plan may include, by way of example only and as appropriate in a given case, such measures as required attendance at anti-harassment training, reassignment of housing, and academic accommodations. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the program at issue, or other action as deemed appropriate under the circumstances.

i. In cases arising in Vermont, a student who is dissatisfied with the decision of the College or with the adequacy of the College’s response to harassment or retaliation, may by written request to the Dean of the College (for matters related to the undergraduate program) or the Vice President for Language Schools, Schools Abroad, and Graduate Programs (for other College programs, as appropriate given the College program at issue), ask for independent review. The Dean or Vice President will initiate independent review by a neutral person selected from a list developed jointly by the Vermont Commissioner of Education and the Vermont Human Rights Commission. The costs of the independent review shall be borne by the College. The College may request an independent review at any stage of the process.

The independent reviewer does not conduct a second investigation. The review focuses on the College’s response to the complaint of harassment, considering the adequacy of the investigation that was conducted and not the outcome of the investigation (i.e. whether or not the conclusion was correct as to whether harassment occurred). The independent review shall consist of an interview of the student and relevant College officials and a review of any written materials from the College’s investigation. The independent reviewer shall be considered an agent of the College for the limited purpose of being able to review confidential student records. During the independent review, the College’s determination and all actions taken by the College in response to the harassment complaint shall remain in full force and effect.

Upon completion of the independent review, the reviewer shall advise the student and College officials in writing (1) as to the sufficiency of the College’s investigation, its determination, and/or the steps taken by the College to correct any harassment found to have occurred, and (2) of recommendations of any steps the College might take to prevent further harassment from occurring. The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution.

III. Alternative Dispute Resolution

At all stages of the investigation and determination processes, College officials, when appropriate, may make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints. In assessing whether alternative dispute resolution is appropriate, College officials may consider factors such as, for example, (1) the nature of the accusations, (2) the agreement of the complainant and the accused individual, (3) other relevant factors such as any disability of the complainant or the accused, or any history of repeated misconduct/harassment of the accused individual. If an alternative dispute resolution is either not appropriate or is unsuccessful, College officials shall continue the investigation in accordance with the timelines established in the policy.

IV. Plans or Directives Issued by the Human Relations Officer

In any case in which the Human Relations Officer has made a finding of harassment or retaliation, violation of a plan or directive issued by the Human Relations Officer to address the harassment or retaliation may be grounds for further discipline.

V. Other Procedures

The decision of the Human Relations Officer with respect to factual determinations shall be final except as otherwise stated in Section B.2. II. i., above.

All witnesses interviewed in connection with a harassment or retaliation investigation are expected to cooperate fully in the investigation by providing complete, accurate, and truthful information. Such witnesses may also be expected to sign statements or other documents memorializing the information provided in the course of the investigation and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the investigator may subject the employee or student to the full range of disciplinary actions, as applicable, up to and including termination of employment or suspension or expulsion from the College.

Students, faculty, and staff in all instances have the option to pursue harassment or retaliation charges beyond the College, utilizing local, state, or federal enforcement agencies as appropriate, regardless of whether they choose to file a complaint on campus. The following agencies may be able to offer assistance in Vermont; students, faculty and staff at Middlebury programs in other locations may contact their Human Relations Officer for similar resources in their area (see Appendix A attached hereto for contact information):

Vermont Attorney General's Office, Civil Rights Unit
109 State Street, Montpelier, VT 05609
(802) 828-3657 or 888-745-9195 (toll free in Vermont) or (802) 828-3665 (TTY)
www.atg.state.vt.us

Equal Employment Opportunity Commission , Boston Area Office
One Congress St.,10th Floor, Room 1001,Boston, MA 02114
(800) 669-4000 or (617) 565-3200 (voice),
(800) 669-6820 or (617) 565-3204 (TTY)
www.eeoc.gov

Office for Civil Rights/Boston, U.S. Department of Education
33 Arch Street, Suite 900, Boston, MA 02110
(617) 289-0111
www.ed.gov/ocr

Vermont Human Rights Commission
135 State Street, Drawer 33
Montpelier, VT 05633-6301
(802) 828-2480 (phone and TTY)
(800) 416-2010 (toll free in Vermont only)
877-294-9200 (TTY)
www.hrc.state.vt.us

There are certain time deadlines for the filing of complaints with the above state and federal agencies and/or state or federal court. Therefore, an individual who chooses to pursue harassment or retaliation charges beyond the College’s procedures should contact these agencies or his or her attorney for further assistance.

Each agency listed above can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe that unlawful harassment or retaliation has occurred, it may take the case to court.

Copies of this policy will be provided to all Middlebury College program faculty, staff and students. Printed copies of the Anti-Harassment Policy are also available at several College offices, including Vice President for Language Schools, Schools Abroad and Graduate Programs, Dean of the Faculty, Human Resources, Institutional Diversity, and Public Safety. This policy is available on the Middlebury College Web site: http://go.middlebury.edu/anti-harassment. This policy may be amended from time to time; the web site referenced above should be consulted for any updates. The amended policy, as published through the College’s web site, shall supercede wholly any prior versions of the policy. Reasonable accommodations will be provided for persons with disabilities who need assistance in filing or pursuing a complaint of harassment or retaliation, upon request.

A student may file a complaint of harassment or retaliation relating to the conduct of the Human Relations Officer with the Dean of the College or the Vice President for Language Schools, Schools Abroad, and Graduate Programs, as appropriate given the program at issue. Faculty and staff may file complaints relating to the conduct of the Human Relations Officer with the Associate Vice President for Human Resources and Organizational Development.

VI. The Human Relations Office and Record Keeping

The Human Relations Officer will keep confidential records or reports of harassment and the actions taken in response to those reports, and use them for purposes such as to identify individuals or departments likely to benefit from training. No identifying information will be retained in cases where the individual accused was not informed that there was a complaint.

The Human Relations Officer will track reports of harassment for statistical purposes and report to the President concerning the number, nature and disposition of such reports.

The Human Relations Officer is appointed by the President. Information about harassment and the Human Relations Officer is available at several college offices: Dean of the College, Dean of the Faculty, Human Resources, Commons, Institutional Diversity, Public Safety, and on the web at www.middlebury.edu/campuslife/diversity/hro or http://go.middlebury.edu/hro.

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C. Policy on Sexual Relationships Between Faculty and Students

The integrity and trust of the faculty-student relationship is central to the mission of Middlebury College. A sexual relationship between a faculty member and a student for whom he or she has current direct academic or other professional responsibilities violates the standards articulated by the American Association of University Professors. It undermines – in fact or by perception -- the integrity of the evaluative process as well as the trust, respect and fairness essential to the educational environment. Such relationships are inappropriate and members of the faculty are expected to avoid them and the potential conflicts of interest, favoritism, or bias they may bring about.

Faculty should be aware that a seemingly consensual sexual relationship with a student may nevertheless meet the legal definition of sexual harassment, as lack of mutual consent may be inferred from the power differential in faculty-student relationships. In addition, where a faculty member’s relationship with a student has, on the basis of sex, the purpose or effect of substantially interfering with the work or academic performance of other persons, or creates, on the basis of sex, an intimidating, hostile, or offensive working, living, or educational environment, the faculty member’s conduct may constitute a violation of the College’s Anti-Harassment Policy.

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D. Intellectual Inquiry and Debate

Middlebury College is a community of learners and as such recognizes and affirms that free intellectual inquiry, debate, and constructive dialogue are vital to the academic mission of the College and must be protected even when the views expressed are unpopular or controversial. This Anti-Harassment Policy statement is meant neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, including sex, sexual orientation, gender identity or expression, race, color, ethnicity, religion, marital status, place of birth, ancestry, national origin, age, or disability, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others. Middlebury College also recognizes that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry, and learning. Such abuses are unacceptable. The "reasonable person standard" is to be used in judging whether harassment has occurred.

Amended on June 9, 2009; supercedes the College’s Anti-Harassment Policy dated October 28, 2008.

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APPENDIX A

Middlebury College (Undergraduate Program)
Susan P. Ritter, Esq.,
Human Relations Officer
Middlebury College
McKinley House
422 S. Main Street
Middlebury, VT 05753
802.443.2246

Alternate Human Relations Officer (All Middlebury Programs)
Laura Carotenuto
Alternate Human Relations Officer
Middlebury College
Human Resources
Service Building
Middlebury, VT 05753
802.443.2012

Middlebury Summer Language Schools (Vermont)
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685

Middlebury Summer Language Schools at Mills College
Laura Wineland
Human Relations Officer
5000 MacArthur Blvd.
Oakland CA 94613
510.430.2284

California Agencies:
Office for Civil Rights
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: 415.486.5555


Equal Employment Opportunity Commission
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260
Phone: 1-800-669-4000

Department of Fair Employment and Housing (DFEH)
Department of Fair Employment and Housing
Oakland District Office
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone: (510) 622-2941

Bread Loaf School of English
Bread Loaf Writers' Conference
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685

On-Site Contacts:
Bread Loaf School of English/ (Vermont)
James Maddox, Director
Emily Bartels, Associate Director
Bread Loaf CPO
4265 Ripton 125
Middlebury, VT 05753
802.443.5418

Bread Loaf School of English (North Carolina)
Tilly Warnock, Director
Karpen Hall #213, CPO #2130
One University Heights, UNC Asheville
Asheville NC 28804
828.251.6603

North Carolina Agencies:
Office for Civil Rights
U.S. Department of Education
1100 Pennsylvania Ave., N.W. Rm. 316
P.O. Box 14620
Washington, D.C. 20044-4620
Phone: 202.786.0500

Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone: 1.800.669.4000

Bread Loaf School of English (New Mexico)
Cheryl Glenn, Director
St. John's College
1160 Camino Cruz Blanca
Santa Fe, NM 87505
505.995.4084

New Mexico Agencies:
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
303.844.5695

Equal Employment Opportunity Commission
505 Marquette, NW
Suite 900 – 9th Floor
Albuquerque, NM 87102
1.800.669.4000

Bread Loaf School of English (Oxford)
John Fyler, Director
Lincoln College
Oxford OX1 3DR
United Kingdom
011.44.1865.279019

2.12 MiddPoints

MiddPoints  is a newsletter published approximately twice per month by Human Resources for the faculty and staff of Middlebury College. The issue schedule and deadlines are listed on the Human Resources Web site. MiddPoints is mailed without charge to benefits-eligible employees. Other employees will receive an email notification of MiddPoints on-line. Each issue is also posted on the Human Resources Web site. MiddPoints is a primary communication vehicle on policy changes, upcoming events, news, and other items of interest to employees. Entities outside the campus may not advertise in MiddPoints. Classified ads and articles may be submitted by employees, students, and alumni only via e-mail to MiddPoints Editor or via campus mail to MiddPoints Editor, Human Resources, Service Building.

2.13 Internal Career Opportunities

Filling a position: The Staff Resources Committee (SRC) authorizes the creation of new positions and the filling of current vacancies. Upon request of the SRC, Human Resources, in coordination with the hiring department, facilitates recruitment.

Faculty recruitment: The dean of the faculty, in conjunction with department chairs, handles faculty recruitment. Persons interested in receiving notice of faculty openings should contact the Office of Academic Affairs  at ext. 5391.

Staff recruitment: For most job vacancies, Human Resources and the appropriate senior administrator determine if there is a candidate for whom the vacancy is a natural career progression. In such cases, posting of the position may not occur. If broader recruitment is necessary, the position will appear on the Employment Opportunities Web listing for a minimum of five business days and staff members may apply online. Temporary positions of one year or less are not necessarily posted. At the discretion of the president, certain jobs may not be posted.

Employment opportunities list: The Employment Opportunities listing of all available non-faculty positions is posted on the Human Resources Web page. Applicant requirements appear with the description of each job opening.

Applying for a posted position: Interested employees should submit a resume online via the Employment Opportunities page once they have identified a position of interest. Employees must have been their current position for a minimum of three months before they are eligible to apply for positions in other departments. 

If an employee is selected to interview for a position and is a final candidate, it is expected that the employee will inform his or her current supervisor at that point. If an employee is offered and accepts a position external to the employee’s current department, coordination between both departments and Human Resources is required to ensure that the timing of such a transfer does not result in a hardship to the College.

Filling a position: The supervisor of the department or search committee selects the best-suited candidate to fill the job vacancy. The supervisor contacts Human Resources to determine an appropriate hiring wage and to coordinate issuing the job offer.

Career decisions: Employees should give careful consideration to all career moves. Having accepted a promotion or requested or accepted an internal transfer, an employee is unlikely to have the option of returning to the old position should the new one not work out. 

2.14 Rehire

Consideration for re-employment is based on qualifications and demonstrated ability, as well as prior job performance. In the event of re-employment at Middlebury College, prior service will be recognized in determining benefit eligibility to the maximum extent allowed by the Benefit Plan Descriptions or other relevant policies. Employees returning within three months of their termination date will have their CTO accrual date reinstated.

2.15 Staff E-mail and Computer Use Policy

Middlebury College recognizes that e-mail is one of the primary venues through which important information about the College and its operations is communicated. This information ranges from updates on the strategic direction of the College and matters of interest to the community, to notification of road closings and building maintenance, to information about employee benefits. As part of the Middlebury College community, staff members are responsible to be aware of this information. All employees are issued a standardized college e-mail account through their employment at Middlebury College. The work of some employees requires regular use of a computer, often in an office situation. Public access computers have been installed at many locations across campus to allow access and a desired level of privacy for those employees whose work does not require regular use of a computer. For departments or work groups in which computer use is secondary to the core function, internal procedures will be developed to allow staff reasonable access to e-mail while ensuring proper work coverage. Given the volume and frequency of campus communications, it is expected that up to 10 minutes out of each workday will be allotted for e-mail usage. The employees and supervisors are to work out details of how e-mail access time is implemented, depending on intensity of workload (periodic in certain areas like facilities services and dining). As departments utilize computers for work-related purposes beyond e-mail, these time estimates may be adjusted. Training is available through LIS for those unfamiliar with e-mail use. Anyone using College e-mail resources is responsible for abiding by the guidelines for appropriate e-mail use as outlined in the College Handbook.

3.1 General Information

Middlebury College offers a comprehensive health and welfare benefit plan and a generous retirement program to eligible employees.

Enrollment in some College benefit plans is not automatic. Although Human Resources makes an effort to notify or remind employees when they become eligible to enroll in a particular benefit plan, it is the employee's responsibility to enroll in a timely manner. Please consult with Human Resources should any questions arise concerning eligibility for or status in a plan.

Although it is the intent of the College to continue the benefit plans described in this section, the College reserves the right to modify, amend, or terminate any benefit plan, with or without notice.

3.2 Benefit Changes

Health, Dental and Flexible Spending Accounts

In accordance with IRS regulations, changes such as adding or dropping coverage for an employee or dependent can only be made at certain times: 1) the initial eligibility period (the 30 days after an employee is first hired or the 30 days after an employee first moves into a benefits-eligible employment status), 2) the yearly open enrollment period, and 3) the 30 days after a change in family status (as defined by the IRS). The most common permissible changes-in-family status include marriage, divorce, birth, adoption, change in a spouse's employment status affecting benefits eligibility, open enrollment in a spouse's benefit plan, dependent non-student reaching age 19, or a dependent student leaving school, getting married, or turning 25. For a complete list contact Human Resources. To be allowed, the desired benefit change must also be consistent with the reason for the change (for example, in case of a divorce a spouse could be dropped, in case of a birth the baby could be added).

Please note that it is the employee's responsibility to notify Human Resources within 30 days of a change in family status. Failure to promptly notify Human Resources of a family status change that could affect benefits can have serious consequences. For example, not notifying Human Resources of a new dependent will mean that the new family member will not be added until next open enrollment period. IRS regulations do not allow a change in an employee's pre-tax health or dental premium later than 30 days after a change in family status, even if the family status event means that an employee or dependent is no longer eligible for coverage under the terms of the medical or dental plan. This means that an employee could be required to pay premiums for coverage that s/he or a dependent does not have until next open enrollment period. Furthermore, under COBRA regulations, late notification to Human Resources could result in an otherwise eligible former plan participant not being offered COBRA continuation coverage in the health, dental or health flexible spending account.

Employees are financially responsible for any claims paid by insurance based on false information. Willful failure to notify Human Resources of a change may result in disciplinary action up to and including termination.

Retirement Plans

Employees are able to make an election change in the voluntary retirement plan at the beginning of any pay period.

3.3 Health and Welfare Benefit Plan

The Middlebury College Health and Welfare Benefit Plan offers medical, dental, life, supplemental life, long-term disability, short-term disability, and health care and dependent care flexible spending accounts to full time staff and faculty members; to part-time or time-limited staff who work a minimum of 1,000 hours per year in a regular part-time job; and to part-time faculty members scheduled to teach at least half time. On-call, temporary, and seasonal staff are not eligible for benefits. A Summary Plan Description (SPD) and employee contribution chart for this plan can be found at the Human Resources Benefits Web page, or by contacting Human Resources at ext. 5465 or hr@middlebury.edu

3.4 Employee & Family Assistance Plan (EFAP)

Middlebury College offers a confidential Employee and Family Assistance Plan (EFAP) for active employees, their dependents, and others residing in the employee's home. EFAP provides counseling and referral services for a range of quality of life issues: alcohol and/or drug abuse, marital difficulties, child/parent relationship concerns, or other personal or family situations. The Wellness Corporation, the EFAP provider, can be reached at 800.828.6025.

For more information on EFAP, please visit that page on the Human Resources Web site.

3.5 Retirement Plan

The Middlebury College retirement program is administered by TIAA-CREF and is designed to offer eligible employees a generous employee contribution, tax advantages, and flexibility in building savings for future security. The plans provide retirement, death, and disability benefits according to Section 403(b) and 401(a) of the Internal Revenue Code.

As a condition of employment, eligible employees are required to participate in the retirement program.

For a complete description of the plan, refer to the Summary Plan Description on the Human Resources Web site or contact Human Resources at ext. 5465.

3.6 Educational Assistance

Middlebury College offers four separate programs that assist eligible employees or their dependents in pursuing post-secondary education (refer to the individual policies for benefit details):

A. Continuing Education Fund – Provides eligible employees with funding up to $3,000 per calendar year for enrollment in a credit-, degree-, or certificate- granting program from an accredited program or institution.

B. Middlebury College Course Fee Reduction For Employees – Allows eligible employees and their spouses/partners to take Middlebury College courses, for credit, for $100 per course.

C.  Middlebury College Staff Matriculation Program  – Allows qualifying staff members, in specified circumstances, to enroll in the bachelor’s degree program at Middlebury.

D. Comprehensive Fee Credit– Provides a discount of 45% of the Middlebury College comprehensive fee for up to four full years of coursework for eligible dependents admitted to Middlebury College.

E. Tuition Cash Grant Scholarships - Provides a cash payment of either 30% of Middlebury’s comprehensive fee or 50% of the tuition of the institution attended (whichever is less), for eligible dependents attending an accredited institution other than Middlebury.

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[updated 2008-Oct-09 with revised web links]

3.7 Sick Leave Conversion

At retirement, as defined in the College's Retiree Benefits policy, every accumulated sick leave reserve day will convert to an insured day (weekends and the holidays listed in this handbook do not reduce Sick Leave Reserve), For each insured day the College will pay 100 percent of the premium to continue the medical and dental benefits for the enrolled employee and enrolled eligible dependents, until the end of the month in which the last insurance day is used. Example: If an employee retires with 30 accumulated sick leave reserve days on July 1, 2005, the employee's converted sick leave reserve would run out on August 12, 2005 and his or her insurance would continue until August 31, 2005. Retiring part-time employees may convert CTO hours to paid insurance days at a conversion rate of 7.75 hours per day.

Faculty members do not have sick leave reserve or CTO. They will be given a week of retiree insurance coverage for each academic year in which they carried a full course load. The provost and the associate vice president for Human Resources will resolve all conflicts and pro-rate the coverage for years in which there was a reduced course load.

Sick Leave Reserve Survivors' Conversion
If a Middlebury College employee dies while in an active status, survivors' benefits will be provided (for eligible dependents) in the medical and dental plans.

Note: There is no cash conversion of sick leave reserve. Conversion of sick leave reserve to insurance days is available only as outlined in the sections on Sick Leave Reserve Conversion at Retirement, and Sick Leave Reserve Survivors' Conversion.

3.8 Survivor Benefits

Employees enrolled in the College's Medical, Dental, and EFAP plans have survivors' benefits. If an employee dies while in an active employment status, his or her survivors will receive the following benefits:

Medical Insurance, Dental Insurance, and Employee & Family Assistance Plan: Such benefits will continue for 60 days following the date of death with all premiums paid by the College. Following the initial 60 days, accumulated staff sick leave reserve may be converted to insured days (see sick leave conversion section of handbook for details). Following the sick leave reserve conversion the benefits may be continued as described in the “medical” section of the Middlebury College Health & Welfare Benefits Summary Plan Description.

Accrued CTO: Survivors of insured staff have the option of converting accrued CTO time to cash or insurance benefits.

Faculty Survivor Insurance Continuation: Survivors of insured faculty members receive a week of insurance continuation for each academic year in which a full course load was carried. Prorations are made and all conflicts resolved by the provost and the associate vice president for Human Resources.

Comprehensive Fee Credit and Tuition Cash Grant Scholarship: If, at the time of his or her death, a tenured faculty or staff employee has met the eligibility requirement for the comprehensive fee credit and/or the tuition cash grant scholarship educational benefits, the dependent children will retain such benefits until age 25.

Flexible Spending Accounts, Life Insurance, and Retirement Plans: All benefits under these plans will be settled with the survivors in accordance with the provisions of the plans and beneficiary designations.

MiddCard Privileges: A surviving spouse/domestic partner/civil union partner receives full faculty/staff MiddCard privileges for one year. If no spouse/domestic partner/civil union partner survives, dependent children will receive Snow Bowl and Golf Course discounts for one year instead of MiddCard privileges.

3.9 Midd Card Privileges

All employees of Middlebury College are eligible for an identification card, called a MiddCard, which entitles the employee to certain privileges including: access to athletic facilities, discounts at the College store, library privileges, and discounts at cultural and sporting events. In addition, the card allows door access to certain campus buildings.

Spouses or domestic partners of benefits-eligible employees are eligible to receive a Spouse/Partner card with the same privileges as the employee card (except door access).

Both employee and spouse/partner cards are valid only during the employee’s period of active employment. Employees who retire from the College may be eligible for a Retiree/Emeriti card.

Additional information on MiddCards can be found in the Identification Card (MiddCard) section of the Handbook. Questions regarding card eligibility can be directed to Human Resources; questions regarding new or replacement cards or door access should be directed to Public Safety; and questions regarding discounts, events, or athletic facilities access or policies should be directed to the responsible department (i.e. Book Store, Athletics, etc.)

3.10 Golf & Ski Discounts

Benefits eligible employees may receive discounts on season passes at the Middlebury College Snow Bowl, the Ralph Myhre Golf Course, and the Rikert Ski Touring Center. All employees are eligible for discounted day passes at the golf course. For information on discounts contact the recreation facilities directly.

3.11 Nursing Mothers

Middlebury College abides by Vermont state law in providing reasonable time and space for nursing mothers to express breast milk for their nursing children.
see: Breastfeeding Guidelines

4.1 Reporting Absences

If an employee is unable to report to work for any reason, it is his or her responsibility to notify the supervisor as soon as possible prior to the start of the workday. If the employee is unable to reach the supervisor, s/he should follow the department's procedure for notification. Failure to notify the College of an absence before the start of the workday means the absence is unauthorized and can lead to disciplinary action.

4.2 Combined Time Off

In an effort to provide flexibility to employees for the use of time off, Middlebury College created combined time off (CTO). CTO can be used for vacation, sick, or personal time, as well as for three floating holidays (Memorial Day, Independence Day, and Labor Day).

It is not necessary to distinguish how the time is being used (i.e. vacation, sick, or personal day). Departments will establish practices for providing notice of absences from work and scheduling time away.

Eligibility

Most full-time regular staff employees and benefits-eligible part-time staff employees accrue CTO in the first pay period in which the employees are paid. See Handbook section 2.3 Basic Information about Employment at Middlebury College for definitions of regular full-time and benefits-eligible part-time.

Faculty, temporary, seasonal, part-time employees in positions budgeted for less than 1,000 hours per year, as well as a small number of special jobs, are not eligible for CTO.

Accruals

CTO accrues in hours after each biweekly payroll is run. Accrual is based on length of service. The following chart outlines CTO accruals.

Length of Service	Annual Accrual for 1 Full Time Equivalent	CTO Accrual for Each Hour Paid	Biweekly Accrual for Staff with Schedules of 77.5 Hrs./pay period	Biweekly Accrual for Staff with Schedules of 80 Hrs./pay period
0-2 Years	26 days/yr.	0.1 hrs.	7.75 hrs.	8 hrs.
Over 2-10 Years	31 days/yr.	0.1192 hrs.	9.24 hrs.	9.54 hrs.
Over 10-20 Years	36 days/yr.	0.1385 hrs.	10.73 hrs.	11.08 hrs.
Over 20 Years	40 days/yr.	0.1538 hrs.	11.93 hrs.	12.31 hrs.

CTO Maximum

The following chart outlines CTO maximum accruals.
 

	Maximum at fiscal year end*	Maximum at any other time during the year
Staff on 8 Hrs./Day Schedules	192	288
Staff on 7.75 Hrs./Day Schedules	186	279

*The fiscal year end maximum is applied in the last day in June of each year. Following June 30 any CTO over the maximum will be automatically moved to SLR.

At any other time of year, no automatic SLR transfer will occur and CTO accrual will stop when the maximum is reached.

To avoid lost CTO accrual, staff must manage their own CTO banks and transfer CTO to SLR before reaching the maximum.

Advance planning of time away, shifting of CTO time to Sick Leave Reserve, and requesting and reporting time off in a timely fashion is the employee's responsibility. Supervisors and managers are responsible for planning for appropriate coverage in their departments and giving timely responses to requests for time off. Supervisors are required to track time away and ensure it is recorded properly.

CTO Pay-Out

Accrued and unused CTO will be paid out at 100% of the employee's rate of pay when they terminate employment or their position is no longer eligible to accrue CTO. SLR is not paid out.

In all cases of separation, final CTO payout may be withheld until keys, ID cards, and other College property are returned to the supervisor or the Human Resources Office.

CTO Use

General CTO guidelines

The combination of CTO and regular worked hours each pay period should equal an employee's regular scheduled hours. Part-time employees may not enter CTO in excess of their scheduled hours. Employees not on a formal leave status must use CTO to cover absences from work unless their supervisor has granted an unpaid absence. Employees may not choose to take time unpaid.

Please refer to the Personal Leave of Absence Policy for Unpaid Absences in excess of a full pay period.

Non-exempt staff CTO Use

As required by the Fair Labor Standards Act (FLSA), non-exempt staff must record all work time. When non-exempt staff members use CTO they should record each hour or portion of an hour away from work as CTO.

Exempt Staff CTO Use

As required by the Fair Labor Standards Act (FLSA), exempt staff are paid on a salaried basis. This dictates that their pay does not vary with regard to the number of hours worked. Exempt staff often work in excess of their normal scheduled hours and do not receive overtime or any additional pay beyond their salary. Therefore, occasional brief absences from work of less than a day will not be deducted from the CTO banks of exempt staff with the exception of approved leaves of absence under the Family and Medical Leave Act (FMLA). CTO will be recorded in full day increments when an exempt staff member is away from work for the entire day. Exempt staff hold regular schedules and deviations from these schedules must be approved by their supervisors. In situations of a reduced schedule or repeated or regular absences, managers and staff should make arrangements to enter CTO to adjust for absences. The use of half days may be a useful alternative in these cases. Issues related to productivity, meeting position responsibilities and appropriate office hours are performance matters and will not be managed through CTO use.

4.3 Sick Leave Reserve

Sick Leave Reserve can be used in the event employees have a bona fide illness, injury, physically disabling condition including pregnancy, or if they must care for an ill member of their immediate family. SLR may not be used to care for well infants, children, or other family members. Those included in the definition of immediate family are individuals permanently residing in the employee's home or temporarily residing with the employee as a result of the family member's illness, including, but not limited to spouse/domestic partner/civil union partner, children, parents, and parents-in-law.

Appointments with physicians, dentists, or other health care providers that take place during normal working hours may be claimed.

Time from an employee's CTO bank may be transferred into the employee’s Sick Leave Reserve (SLR) bank. Sick Leave Reserve time, however, cannot be transferred to CTO. Employees must call in if they are going to be absent from work. Doctor's notes may be required.

Exempt Staff SLR Use

As required by the Fair Labor Standards Act (FLSA), exempt staff are paid on a salaried basis. This dictates that their pay does not vary with regard to the number of hours worked. Exempt staff often work in excess of their normal scheduled hours and do not receive overtime or any additional pay beyond their salary. Therefore, occasional brief absences from work of less than a day will not be deducted from the SLR banks of exempt staff with the exception of approved leaves of absence under the Family and Medical Leave Act (FMLA). SLR will be recorded in full day increments when an exempt staff member is away from work for the entire day. In situations of a reduced schedule or repeated or regular absences, managers and staff should make arrangements to enter SLR to adjust for absences; the use of half days may be a useful alternative in these cases.

SLR Pay-Out

Sick Leave Reserve has no cash value.

4.4 Holidays

There are two types of holidays: Regular Holidays and Floating Holidays. The eligibility and usage of each differs according to the guidelines below. When a holiday falls on a Saturday it is observed on the preceding Friday; holidays falling on Sunday are observed on the following Monday.

Floating Holidays

Designated Floating Holidays are: Memorial Day, Independence Day, and Labor Day; the College is partially open for business on these days. Each department will determine whether or not to close operations, and those that remain open will determine the appropriate staffing level, based on operational needs.

Administration: If a benefits-eligible regularly scheduled staff member takes a Floating Holiday off, CTO will be used. In offices that remain open on floating holidays, managers will work with staff to ensure adequate staffing. Staff members who work will be paid at their regular pay rates for the day. In offices that close on floating holidays, the expectation is that all employees will take the day off; advance management approval is required for exceptions.

Eligibility: Full- and part-time benefits-eligible staff are eligible for floating holidays.

Regular Holidays

The designated Regular Holidays are: New Year's Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day, and up to 4.5 additional days associated with Christmas and New Year's Day.

Holiday pay is provided to benefits-eligible staff who are regularly scheduled to work on a day when the College is closed in observance of a regular holiday. The intent of holiday pay is to keep paychecks whole. The intent is not to provide an equal number of holiday hours to each employee; employees may be entitled to different amounts of holiday hours, depending on their regular schedules and to what extent their regular schedules overlap with the holiday schedule.

Holiday periods are determined and announced by the president in the early fall each year. Once the president’s announcement has been made, Human Resources will communicate the actual holiday shutdown dates to the campus community.

Administration: Benefits-eligible staff will receive holiday pay for the designated regular holidays that fall on their regularly scheduled days of work. For example, staff members who usually work on Fridays receive holiday pay for the Friday after Thanksgiving; however, an employee whose regular schedule does not include Friday would not. Holiday pay cannot be used to pay a staff member more than he or she would earn in a typical week, except that Holiday pay counts as work time when calculating overtime.

Eligibility: Full- and part-time benefits eligible staff are eligible for Regular Holidays.

Holiday Premium Pay

The purpose of holiday premium pay is to provide additional compensation to any non-exempt staff member who works on a designated regular holiday. Holiday premium pay is one and one-half the regular rate of pay.

Administration: All non-exempt staff are eligible for holiday premium pay if they work on a designated regular holiday. Benefits-eligible staff also receive holiday pay as described above if they work on a regular holiday.

See Recording Holiday Pay and Worked Holiday Time Procedures .

4.5 Staff Parental Leave Policy

Benefits-eligible employees with one year of service are eligible for up to three weeks of paid leave for the birth or adoption of a child. Adopted children must be under 18 years of age. In order to receive paid leave, employees must meet eligibility requirements prior to the date of birth or adoption.

Parental leave may be used pre- or post-birth or adoption and will be applied to the 12 weeks of leave allowed under the Family and Medical Leave policy. Paid leave must be taken within one year of the birth or adoption.

In compliance with Equal Employment Opportunity Commission (EEOC) guidelines, "disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom are, for all job-related purposes temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment." This principle ensures that pregnant employees will be in no worse and no better position with regard to job related practices and benefits than employees similarly situated suffering from other disabilities. The determination of the length of time an employee will require for leave because of pregnancy and childbirth is a medical decision between the woman and her physician, to be treated in the same way as other sick leave, in compliance with the provisions of Vermont law.

4.6 Family & Medical Leave

FMLA Procedure

In compliance with the Family and Medical Leave Act of 1993 (FMLA) and the Vermont Parental Leave Act, the College grants up to twelve weeks of unpaid leave to an eligible employee during a rolling 12 month period. FMLA leaves of absence can be granted for the following reasons:

• The birth of a child and in order to care for that newborn child, within one year of the birth.
• The placement of a child for adoption or foster care, within one year of the initial placement. Leave may be taken prior to the event if necessary to arrange for the event.
• To care for a spouse, domestic/civil union partner, child, parent, or parent-in-law with a serious health condition.
• To respond to a medical emergency involving the employee's child, stepchild, foster child, or ward who lives with the employee, or the employee's parent, spouse, domestic partner/civil union partner, or parent-in-law.
• The serious health condition of the employee that renders the employee unable to perform the essential functions of his or her position.
• Any “qualifying exigency” arising from a spouse, son, daughter, or parent’s federal call to duty of National Guard or Reservists.

The FMLA also allows up to 26 weeks of unpaid leave during a rolling 12 month period:

• To care for a spouse, son, daughter, parent or nearest blood relative injured while on active military duty.

This policy is designed to offer assistance by providing job-protected leave to eligible employees for certain family and medical reasons. The leave may be unpaid, paid, or a combination of unpaid and paid depending on the circumstances as specified in this policy.

4.7 Jury Duty

The College encourages employees to accept their civic responsibility if they are called for jury duty. All full- and part-time employees, excluding temporary employees, will be paid for time off for required jury duty. The employee's status at the College will remain the same and all benefits will continue.

When called for jury duty, the employee must notify the supervisor and provide subsequent notification of jury duty related absences. The College will continue to pay the eligible employee for scheduled hours missed due to jury duty. Whenever employees are released from jury duty for partial or full days, they are expected to report for work at the College. An employee's time record must accurately reflect jury duty service.

4.8 Military Reserve

A military leave of absence is granted to employees to attend scheduled drills or training or if called to active duty with the United States armed services.

Middlebury College offers a pay differential to those eligible employees who have been called to active duty in addition to their reserve obligation (one weekend per month and two weeks per year).

To be eligible to receive this benefit, the employee must be a full-time employee who has satisfactorily completed the three-month provisional period with the College; provide the College with advance notice of impending service unless precluded by military necessity; and submit a copy of his or her military leave and earnings statement for the covered period.

4.9 Bereavement

If employees need to take time off because of the death of an immediate family member, they must notify the supervisor immediately. Paid or unpaid time off will be granted to allow employees to make any necessary arrangements and attend the funeral. Full- and part-time benefits-eligible employees may receive up to three days of paid bereavement leave for each death.

Bereavement pay is based on the pay employees would have earned had they worked the day(s) of their leave.

Employees will receive approval of bereavement leave as long as there are no unusual operating requirements. Any employee may, with the supervisor's approval, use available paid leave for additional time off.

Immediate family includes the employee's spouse/ domestic partner/ civil union partner, parent, child, sibling, the employee's child's spouse, parent in-law, brother and sister-in-law, grandparents and grandchildren, and other relatives residing in the employee's household.

4.10 Personal Leave of Absence

Occasionally staff employees may wish to take time off in excess of normal vacation time and/or available CTO, for personal reasons*. In such instances, employees may apply for a Personal Leave of Absence (LOA). Personal LOAs are discretionary and require approval from both the employee’s manager and from Human Resources. The minimum duration is one full pay period, and a Personal LOA may not exceed one year in duration. (Managers may, at their discretion, approve shorter absences without undergoing the formal Personal LOA process).

During an approved Personal LOA an employee will be paid no earned time (regular pay). Certain employee benefits may be negotiated with Human Resources during the approval process. These include:

• whether or not the employee will continue to be eligible for employee benefits during the LOA;
• if benefits continue, whether the employee will pay the employee-only portion of the cost or the full cost of the benefit;
• if applicable, how the employee will pay for the benefits during the LOA (i.e. pre-pay, pay-as-you-go, etc.); and
• whether or not the employee will be required to use accrued CTO time during the LOA (this is typical).

In order to request a Personal LOA, employees should contact the Human Resources office to initiate the application process.

Non-exempt and exempt employees on approved Personal LOAs do not accrue CTO time on the unpaid portion of the leave. CTO will accrue only on CTO hours used during the leave.

During an approved Personal Leave of Absence, employees have the same job protection afforded active employees.

* Employees needing time off for medical reasons or to care for a family member with a serious medical condition should refer to the Family and Medical Leave Act policy.

4.11 Weather Emergencies

Extreme weather emergencies may arise throughout the year; however, the College must continue to provide all services regardless of the weather. When the College administration determines that weather conditions pose a significant hazard to the safety of its employees, it may authorize non-essential staff to arrive late, leave early, or remain at home. While the College does not normally close, employees must use good judgment in assessing the impact of the weather on their commutes. Staff members should use CTO to cover any absences from work due to weather emergencies.

The Emergency Information Line (802.443.2500) will have recorded information announcements in the case of emergency.

4.12 Release Time

Release time may be approved by the president or his designee, in order to allow staff to attend certain campus-wide events. If release time falls during an employee's regularly scheduled hours it is considered regular paid time. If release time falls during a time when an employee is not scheduled to work, he or she may choose to attend the event, but the time is unpaid.

5.1 Direct Deposit

Employees are strongly encouraged to have pay checks directly deposited. Deposits may be made to any U.S. domestic bank by completing and filing the appropriate form with the Payroll Office. An employee may elect to deposit to several bank accounts if so desired; however, partial direct deposit is not permitted. Pay stubs are mailed to the employee's campus address.

When a request is made for direct deposit to a new bank or account, the first check issued after the request will be a real check while the information is pre-noted to the bank. Provided the information is correct, the next paycheck will be a direct deposit.

5.2 Deductions

Certain deductions, required by law or elected by the employee, will be made automatically from the paycheck. These include:

1. Federal and State Taxes

The law requires withholding taxes based on an employee's W-4 statement. The amount withheld will vary according to the earnings and number of exemptions claimed.

2. Social Security & Medicare (FICA) Taxes

In compliance with the Federal Insurance Contribution Act (FICA), the College makes deductions from an employee's pay that, with an equal contribution by the College, are credited to the employee's social security account.

3. Voluntary Withholding

Employees may wish to pay for their insured benefit plans and/or United Way through voluntary withholding. Some insured benefit plans allow employees to withhold funds from their wages before taxes are calculated ("reduction"). Other withholdings may be allowed only after taxes have been calculated ("deduction").

5.3 Advances

The College does not advance pay.

5.4 Reporting Time and Payroll Issues

All employees of the College are paid every other Friday on a biweekly pay period basis. If a payday falls on a holiday, employees will receive paychecks on the last working day of the week. The pay period begins on Monday and ends on the following second Sunday.

The pay calendar schedule can be found in the Banner/Payroll section of the Human Resources Web site.

All time must be submitted by noon on the Tuesday following the close of the pay period in order to be included in the next pay check. If employees feel their check may be inaccurate, first they must verify that their time was submitted accurately and on time. Issues regarding rate of pay, positions or titles, and CTO should be directed to Human Resources. Other paycheck issues such as taxes and direct deposits should be directed to Payroll.

BannerWeb is the primary method used on campus for recording time. BannerWeb is a web-based system which allows employees to access and enter their time from any computer with internet capability. Employees should confirm with their supervisors for training on the time-keeping standards used in their respective departments.

Reporting time accurately is critical. It is the responsibility of the employee to report his or her time, and the responsibility of the supervisor to verify the employee's time. Falsification of a time record is a terminable offense, as is the knowing approval of a false time card.

In order to meet the needs of the College community, attendance and promptness are taken into account in performance reviews. If an employee is unable to come to work for any reason, the employee must contact the appropriate supervisor before the start of the workday. If the employee is unable to reach the supervisor, he or she should follow the department’s procedure for notification. The College appreciates as much notice as possible. Individual departments, due to coverage needs, may set specific notification times.

6.1 Staff Compensation Program

The two publications below explain the staff compensation program.

The Staff Compensation Program Overview is an informative description of the program. It addresses program highlights and covers areas useful for staff interested in learning more about their compensation program.

The Administrative Guidelines provide greater detail on the practices and administrative procedures of the Staff Compensation Program. This will be a useful document for managers and supervisors. Staff are welcome to utilize this document as well for further program details.

As described in the Administrative Guidelines, the College's program relies on the tools below for assigning positions to a Career Band and Level.

• Career Band Definitions
• Job Content Framework
• Job Placement Worksheet

6.2 Job Descriptions

The job description summarizes the purpose of a job, its primary responsibilities, and the minimum qualifications needed to perform the job in terms of education (or equivalent experience), experience, special skills, etc. Submit descriptions electronically in MS Word to Human Resources. Human Resources maintains job descriptions. The Human Resources generalists can assist in updating or creating job descriptions. A Website is available which allows for on-demand viewing of all job descriptions at the following link: http://www.middlebury.edu/administration/hr/job_descriptions/.

6.3 Eligibility for Overtime and FLSA Compliance

Middlebury College conforms to all terms of the Fair Labor Standards Act (also known as the Federal Wage and Hour Law), including the payment of minimum wages and overtime pay. These laws establish the criteria for determining which positions are "non-exempt" (eligible to receive overtime pay), and which are "exempt" (not eligible to receive overtime pay). Human Resources is responsible for ensuring compliance with such laws, including the determination of exempt and non-exempt status. Direct questions concerning exempt and non-exempt status of positions to Human Resources.

Executive, administrative, and professional positions that meet specific federal criteria are exempt positions and will be paid a fixed salary based on a standard number of hours worked per pay period. No overtime is paid for hours worked in excess of a standard 40-hour week.

Positions that do not meet the federal exempt criteria are non-exempt positions that receive overtime pay at a rate of one and one-half times the regular hourly rate for all hours worked in excess of 40 hours in one week. For the purpose of computing overtime compensation, CTO, paid holidays, and paid sick leave reserve are counted as time worked.

Overtime for non-exempt employees: It is the policy of the College to accomplish its work within normal work schedules without unreasonable overtime. Some positions, however, by the nature of their responsibilities and the demands of the academic year, require irregular and heavy work schedules. All employees may be asked to work extra hours as needed. Overtime assignments will be distributed as equitably as practicable to all employees qualified to perform the required work. Employees should not work overtime without prior approval from their supervisor. However, once the work has occurred all overtime will be paid. Failure to receive prior approval will be addressed as a performance issue.

Each biweekly pay period consists of two Monday through Sunday work weeks. Each work week stands alone for the purposes of determining overtime. Averaging over any period beyond the seven day work week is prohibited. The first 40 hours worked, or a combination of worked hours, CTO, SLR, and paid holidays are paid at straight time. Any time worked after the 40th hour is paid as overtime.

Example: Monday, eight hours; Tuesday, eight hours; Thursday, eight hours; Friday, four hours; Saturday, eight hours; Sunday, eight hours for a total of 44 hours. The overtime hours are the last four hours worked on Sunday, not the four hours worked on Friday. Time cards and paper and electronic timesheets must be coded accordingly to ensure proper payment of overtime.

An exception to charging the last hours over 40 as overtime will be made in cases where an employee holds two non-exempt positions, such as a full-time primary job and a secondary on-call position. In that case overtime will be charged to the secondary position for any hours over 40 in a workweek.

Compensatory time: Compensatory time (Comp time) is not permitted. This is the practice of saving or holding extra hours worked to be exchanged for time off or paid at a later time, to avoid payment of overtime. All hours worked must be reported in the period they are worked and will be paid on the standard biweekly pay cycle.

6.4 Shift Differentials

Middlebury College provides an hourly wage supplement, or shift differential, to non-exempt employees who work between the hours of 6 p.m. and 7 a.m. The purpose of shift differentials is to recognize that these hours, while essential to operate the facilities of the College, are generally more challenging for staff members to work.

Shift Identification:

   Day Shift Period: Hours between 7 a.m. and 6 p.m.;

   Evening Shift Period: Hours between 6 p.m. and 12 a.m.;

   Night Shift Period: Hours between 12 a.m. and 7 a.m.

All non-exempt employees are paid an additional $.60 per hour for each hour worked in the evening shift period and an additional $1.50 per hour for each hour worked in the night shift period. Shifts are identified in BannerWeb as Shift 1 (day), Shift 2 (evening), and Shift 3 (nights). For example, an employee who works 9 p.m. to 5 a.m. would enter 3 hours in Shift 2 (9 p.m.–12 a.m.) and 5 hours in Shift 3 (12 a.m.–5 a.m.). Shift differentials are paid only for hours worked and are included in the calculation of overtime pay rates. Differentials are not paid for CTO, SLR, bereavement, holiday, and other time off.

Departmental exceptions to this policy must be approved by Human Resources. Shift differential amounts will be reviewed yearly.

6.5 Compensation Issue Resolution Process

If employees disagree with any decisions from Human Resources related to their compensation, they should review the disagreement with their supervisor and department head. The supervisor and department head should be sure that the employee's expectations under the compensation program are reasonable and that the employee understands the program as it relates his or her particular situation. Following the evaluation, if the supervisor determines there needs to be further review, the supervisor or department head and the employee should make an appointment with Human Resources to discuss the position and the decision. Human Resources will reevaluate its original position in light of any new information. The decision resulting from the Human Resources review will be final.

7.0 Evaluating Job Performance

Middlebury College requires annual written performance evaluations for all staff employees. Informal performance evaluations are conducted at six month intervals between the annual written performance evaluations. These meetings allow employees and supervisors to establish performance expectations and goals for the future and to review previously communicated performance expectations and development plans. The process also establishes the link between performance and suggested merit increases.

The College encourages supervisors to provide opportunities throughout the year for less formal verbal performance feedback to employees.

Performance Evaluation Procedures

8.1 Problem Solving

Middlebury College strives to maintain effective employer-employee and employee-employee relations within the context of the at-will employment relationship. The College seeks to promote open communication between its employees with appropriate involvement of Human Resources, if necessary, to facilitate a resolution of employee concerns. Employees are encouraged to bring concerns directly to the attention of their immediate supervisor or, if uncomfortable in doing so, to their second level manager, Human Resources, Middlebury College Staff Council (MCSC), or an ombudsperson. If the concern remains unresolved, formal College resources such as an ombudsperson, the Human Resources Office, or the MCSC should be engaged. After a minimum of two rounds of problem solving, having involved an ombudsperson or a member of Human Resources, the employee may file a grievance. A list of ombudspersons can be found under People Who Can Help on the Human Resources Web site.

see: Grievance Procedure

As an educational institution, Middlebury College is committed to maintaining a campus environment where discrimination or harassment on the basis of race, color, ethnicity, national origin, religion, sex, sexual orientation, gender identity and expression, age, marital status, place of birth, service in the armed forces of the United States, or against individuals with disabilities is unacceptable. The College complies with state and federal laws that address discrimination in the workplace.

see: Middlebury College Anti-Harrassment Policy 

8.2 Progressive Discipline

The College maintains a progressive discipline system to serve as a fair and consistent means to enforce College rules and regulations and to address conduct or performance deficiencies. The purpose of progressive discipline is to retain employees through identification and correction of problems. The College recognizes (a) that failure to correct disciplinary problems may lead to suspension or termination, and (b) that serious infractions may result in immediate termination.

If a situation warrants corrective action, the disciplinary actions applied may include a verbal warning, a written warning, a written reprimand, and/or termination from employment. At any stage in the process, the College may decide to separate the employee from his or her work environment. Administrative review leave is used to provide all parties time to reflect on the situation. Administered at the College's discretion, the leave may be for as little as one hour or as long as two days, with no loss of pay. Every action need not be taken in each case, and depending upon the relevant circumstances, the College may decide to take any disciplinary action, including immediate termination, at any time. The College reserves the right to terminate the at-will employment of any employee at any time, with or without cause or notice.

8.3 Staff Training & Development Opportunities

The College encourages the development of employee job skills through a variety of on-site programs that are free of charge to members of the College community, as well as individual career coaching. The Human Resources office maintains a file of information about staff development programs and opportunities.

see: Training Resources

8.4 Staff Development Funds

Continuing Education Fund

The Continuing Education Fund is available for the benefit of eligible Middlebury College employees who are interested in continuing their personal and/or professional development. Through this fund, Middlebury College provides support to eligible staff who wish to enroll in a degree-granting or certificate-granting program, or who wish to enroll in a credit-bearing course or class from an accredited program or institution.

Staff Development Fund

The Staff Development Fund is available to help support job-related training that is required for the job or that is directly related to enhancing job skills and professional development. The application must be submitted in advance of the training. Contact Human Resources for additional information.

9.0 Leaving Middlebury College

Middlebury College values employees' contributions to the successful operation of the College, expecting a productive and mutually satisfactory employment relationship. It is understood, however, that the employment relationship between Middlebury College and its employees is at-will, meaning that either the College or the employee may terminate that relationship with or without notice or cause, at any time.

Human Resources usually schedules exit interviews for employees leaving the College. The exit interview is a time to express suggestions, complaints, and ask questions. It also provides an opportunity to discuss employee benefits, conversion privileges, repayment of outstanding debts to the College, and return of College-owned property.

9.1 Voluntary Termination of Employment: Resignation

Resignation is defined as employment termination initiated by an employee who chooses to leave the College voluntarily. Employees who are considering leaving Middlebury College for any reason are encouraged to discuss their situation with their immediate supervisors before making a final decision.

If the employee voluntarily leaves the College, it is expected that as much notice as possible will be given. At least two working weeks' notice is customary for non-exempt (hourly paid) employees, while administrative and professional staff (salaried) are expected to give at least one month's notice. A letter of resignation addressed to the department head, stating the final date(s) of employment will be forwarded to Human Resources. Before leaving, the employee must visit the Human Resources office to make benefit transition arrangements and to turn in ID cards, keys, and any other College property.

9.2 Discharge

Discharge is defined as employment termination initiated by the College.

If an employee violates a basic College rule or demonstrates gross misconduct, the College reserves the right of immediate discharge without warning. Examples of summary discharge include:

1. Conduct that is in opposition to the College's nondiscrimination statement;
2. Insubordination or refusal to comply with a reasonable request given by the supervisor or College official, or abusive treatment of a supervisor or College official;
3. Theft of College property, personal property, or theft of service;
4. Falsification of records, time cards, claiming sickness or claiming benefits for self or others under false pretenses;
5. Disorderly conduct while on the job;
6. Deliberate, frequent, and/or recurring violations of stated safety regulations, even if they are not intentional;
7. Absence and/or failure to return to work without notice for three days;
8. Use or possession of, or being under the influence of illegal substances or alcohol while at work;
9. Threatening physical harm, or actual physical violence to another member of the College community, on or off campus; or
10. Breach of confidentiality, which is defined as releasing to unauthorized persons, or misuse of confidential information to which an employee is privy because of his or her job.

In all cases of separation, final CTO payout may be withheld until keys, ID cards, and other College property are returned to the supervisor or the Human Resources Office.

9.3 Retirement

The College has no standard retirement age. However employees who have met certain age and service requirements when they do retire from the College may be eligible for certain retiree benefits. In order to be eligible for retiree benefits an employee must:

a) have been employed by the College for ten consecutive years following the attainment of age 45; or

b) be a faculty member who has resigned from a tenured position to take a part-time position, regardless of age or years of service.

Retiree benefits may include continued participation in the College's medical and dental insurance programs, a retirement gift from the College, retiree lunch benefits, retiree I.D. card.

A retiree who has met the eligibility requirements for the dependent education programs will remain eligible for these programs.

Contact Human Resources for benefit eligibility details.

Middlebury College appreciates the advantages that phased retirement offers to both the employee and the College. Middlebury College is willing to work with employees on a case-by-case basis to assist them in a successful and fulfilling transition into retirement.

9.4 Reduction in Force

A Reduction in Force (RIF) is defined as the laying off of one or more staff employees. The purpose of the procedure is to ensure appropriate consultation and communication within the College community as well as to clarify procedures to be followed. The procedures go into effect at the time a possible RIF is announced. This procedure does not apply to seasonal employees, employees hired for fixed periods of time, or employees dismissed as an outcome of performance concerns. 

see: Reduction in Force Procedure