8. Select College Policies

8.1     BUSINESS CONTINUITY

Champlain College takes precautionary measures to ensure that student learning and instructional processes can continue in a “virtual environment” even during an extended emergency such as severe weather, contagious disease, physical infrastructure failure, campus closure, or similar incident. Continuation of classes in a virtual environment also means that payment to instructors can be maintained during the emergency for all classes that continue either online through a College-provided learning management system, or through some other process that has been approved by a Division Dean.

In the event of such an emergency, faculty members are expected to continue teaching in a virtual environment. For appropriate courses, Champlain College’s eLearning department, along with each academic division, will provide each instructor with a skeleton course that has been created in the College’s learning management system. In some cases, the Division Dean may determine that no virtual environment is appropriate or available for a course, and in that event may cancel the remainder of the course or take other appropriate steps.

In order for this emergency preparedness plan to be effective, it requires that faculty do the following prior to the start of each semester:

• Be prepared with basic skills in managing an emergency course online using the College’s learning management system;
• As needed, participate in basic training provided by the College and attain basic competency in managing an online course;
• Become familiar with your online course, when available, by logging in and preparing yourself to manage your students’ learning process in the online course;
• Become familiar with the College’s emergency communication channels and how to access its eLearning support systems;
• If you are using an alternative virtual process approved by the Division Dean, become familiar with the use of that process.

At the beginning of each semester, instructors will need to:

• Upload the course syllabus;
• Engage with each class in at least one virtual activity during the first two weeks of the semester, or as soon as practicable, to ensure that students know how to access the online course (eLearning will provide you with ideas if you need them) or alternative course delivery.
• Be prepared, if notified, to contact all students and continue the class in the online learning management system provided by the College or in the alternative virtual process approved by the Division Dean. In order to assist this effort, you should consider posting an announcement to the class as part of your initial activity.

In the event of such an emergency, instructors will be notified of the schedule by which classes will continue in a virtual environment. The delay between campus closure and the start of virtual classes will be no less than one week in order to allow time for both students and faculty to travel, as required, and make final preparations. Upon notification, this requires that you:

• Make any final adjustments to your lesson plans in preparation for use of your virtual environment.
• Begin, at the appropriate time, to engage with each class and monitor students’ progress by engaging with the class no less than four times per week.

The eLearning department is providing the following training and support opportunities for Academic Continuity faculty:

• Step-by-step instructions  can  be  found  on  the  eLearning  website  in  the  form  of  video tutorials at http://www.champlain.edu/faculty-and-staff/academic-affairs/teaching-and-support-resources/elearning-for-faculty. If you are having technical difficulties viewing the video tutorials, please ensure that your computer has Adobe Flash Player installed. If the videos are not loading, please download the most recent Adobe Flash Player from their website; click here http://get.adobe.com/flashplayer. If you have any additional questions regarding the video tutorials, please email elearning@champlain.edu.
• The handout (PDF file) with detailed step-by-step instructions can be downloaded from http://www.champlain.edu/Documents/elearning/Academic Continuity - Steps.pdf.
• One-on-One training by eLearning staff members is available for faculty by appointment. To set up an appointment, please contact elearning@champlain.edu, or 802-383-6655.
• Additional in-person Division-specific training sessions for faculty on Canvas Academic Continuity activities can also be arranged through Division Operation Managers.

8.2     FINANCIAL EXIGENCY AND REDUCTION IN FORCE - AMENDMENT REQUIRES BOARD OF TRUSTEES APPROVAL

8.2.1     INTRODUCTION

Financial exigency is a rare and grave institutional crisis. It is an existing or anticipated financial condition that threatens the continued viability of the College.  It is an urgent condition reflecting the institution’s inability to meet its annual expenditures with revenue sufficient to prevent a sustained loss of funds. This situation may arise from a significant decline in enrollment, reversals in endowment income, or other factors that impinge on the College’s financial viability. This condition is to be distinguished from a single-year budget deficit, cyclical market trends in investments and enrollment, or a temporary reduction in annual gift income. This policy is not intended to be used as a program discontinuance policy.  See the Program Discontinuance policy in this Handbook.

8.2.2     PRIORITIES

Termination of permanent or long-term continuous appointments because of financial exigency or formal reduction will be sought only as a last resort, after every effort has been made to meet the need in other ways and to find for the faculty member(s) other employment in the institution. Situations which make retrenchment of this sort necessary should preclude expansions of staff at other points at the same time, except in extraordinary circumstances.  The Board of Trustees and the President will seek to minimize the impact on teaching and students by addressing reductions in infrastructure first and foremost but with due consideration for the viability of the institution.

8.2.3     THE PROCESS

As a first step, the President should consult with faculty senate leadership to advise them that a condition of financial exigency exists or is imminent or that a formal reduction is necessary.  Faculty senate leaders should have the opportunity to review relevant financial data and be confident that all feasible alternatives to termination of appointments have been pursued. Faculty senate leaders will also be consulted to determine criteria to identify individuals whose appointments will be terminated.

Within five (5) work days of a declaration of financial exigency or a declaration that a formal reduction is necessary, the President and the Provost shall notify faculty senate leadership and request a meeting of the faculty.  At that meeting, faculty will be presented with the relevant financial data that formed the basis of the Board’s decision.  Faculty will be given the opportunity to provide input to the President for recommendations of how to respond to the financial situation.

After meeting with the faculty, the President shall convene an ad hoc committee which includes academic deans, representatives of appropriate constituent groups, relevant faculty senate committees including but not limited to Curriculum, Welfare, and the Executive committees, academic and non- academic administrators, and staff.  Members of the committee and the chairperson shall be designated by the President.  It shall be the responsibility of this committee to make recommendations to the President for the development of a retrenchment plan for the College. Their recommendations should include identifying and prioritizing areas for possible retrenchment. Judgments about academic programs and faculty status directly reflect an impact on the educational mission of the institution. Therefore, faculty should have the primary role in making such recommendations.

Final decision making with respect to the plan rests with the President.  The President is responsible for developing and implementing a written retrenchment plan. The plan should include, at a minimum, the identification of (a) programs to be discontinued or retrenched, (b) positions to be eliminated or reduced from full-time to part-time, (c) number of faculty contracts to be terminated, by division, (d) an implementation timeline and (e) fiscal consequences of implementing the plan.

The President shall submit the plan and recommendations to the Board of Trustees for its actions.  Upon approval of the plan, the President shall distribute it to the College community.

The Board of Trustees is solely authorized to declare a state of financial exigency. Such a declaration shall be made after a review of relevant financial data.

8.2.4     NOTIFICATION TO FACULTY AND FACULTY RIGHTS

If recommended actions include discontinuance of programs and/or termination of faculty contracts, from either a declaration of exigency or a formal reduction:

• Affected faculty will be given one-year’s advance notice, or a minimum of one year’s salary, if financially feasible. On the recommendation of the Provost, the President may, at his or her discretion, approve up to an additional year of salary compensation. The College will provide assistance to affected faculty members who cannot be relocated into existing vacancies at the institution. The scope of assistance shall be determined at the discretion of the College and may include, but not be limited to, outplacement services and/or support for retraining;
• In the event that the discontinued program is reinstated within three (3) years, terminated faculty members will receive priority consideration for reemployment in positions for which they are qualified, provided their performance has been satisfactory. Faculty whose positions have been lost as a result of financial exigency will also be given priority consideration for other faculty positions that become open in the College for three (3) years following their termination, provided they meet qualifications for the position.

The College will make every effort to teach-out students already enrolled in any program that is being discontinued.

Final decision to discontinue a program or to terminate faculty contracts rests with the President and the Board of Trustees. Faculty whose contract is terminated due to a formal reduction may appeal that decision to the Board of Trustees Academic Affairs Committee. The decision of the Board of Trustees Academic Affairs Committee will be final. The decision to terminate a contract in the case of financial exigency is not subject to appeal.

8.3     DISCONTINUING ACADEMIC PROGRAMS - AMENDMENT REQUIRES BOARD OF TRUSTEES APPROVAL

8.3.1     INTRODUCTION

From time to time, it may be necessary for Champlain to end the operation of one or more of its degree programs that will result in the elimination of faculty positions in that area.  This policy is not concerned with program elimination or changes that result in the reassignment of faculty to teach in a new/updated program. It is important for the College community to know the conditions which may trigger a decision to discontinue a program, to know the principles upon which such a decision would be based, and to understand the process that would be followed.

8.3.2     CONDITIONS UNDER WHICH A PROGRAM MAY BE DISCONTINUED

The decision to discontinue an academic program may be triggered by, but is not limited to, one or more of the following conditions: significant decline in program enrollment (as distinguished from a single-year decline or temporary variation in enrollment); a change in institutional priorities, mission, and vision; budget deficits; a curriculum no longer offers realistic career opportunities for its graduates; changes in the professional field; or, in an extreme case, a declaration by the Board of Trustees of financial exigency or a reduction in force. (See the applicable College policy on Financial Exigency and Reduction in Force.) If the decision to discontinue an academic program is based on financial exigency, or a reduction in force, the procedures outlined in that policy will take precedence, and the procedures and provisions of this policy will not apply.

8.3.3     PRINCIPLES

The goal is to have a process that is transparent and that is in keeping with the College’s institutional values. Any consideration of program discontinuance should reflect long-range appraisal of the effect of discontinuance on the educational mission of the institution.

Discussion about discontinuance of a program normally begins (but need not always begin) with either the administration or faculty as a result of the program review process. The annual review is evidence- based to provide results that support institutional needs for planning and decision-making.  The review should address an evaluation of program management, including viability of the academic program, and an assessment of student outcomes. The reports generated by faculty and deans in the annual review process are an essential input into decisions about discontinuing academic programs.

Because curriculum is the primary responsibility of faculty, no program will be discontinued without the involvement of faculty in that program and the respective academic dean. Regardless of who initiates the discussion about program discontinuance, data supporting the need for discontinuance should be reviewed by the affected division and by the appropriate faculty senate committee(s) as defined in the Bylaws of the Faculty Senate. Faculty in the affected unit should have the opportunity to present a proposal for continuation and/or reorganization to the senate committee(s). Such a proposal should ideally have majority support of the voting members of that division, although minority reports may be submitted for consideration.

The affected unit and committee(s) should have access to institutional support and to all pertinent information including, but not limited to:

• The reasoning behind the proposed program termination;
• The administrative history of the program, including what actions have been taken over the preceding five years which were supportive or non-supportive of the program;
• All recent academic evaluations of the program by both internal and external evaluators;
• All financial data relevant to the program and related programs, including estimated costs for retaining it or reorganizing it as a quality program consistent with the standards of the College and the probable impact such expenditures would have on other programs at the College;
• All recent annual reports and program reviews.

In the event that a program is to be discontinued, all communications regarding the decision should be managed with the highest level of regard for students currently in the program, as well as for faculty teaching in the program.  Formal announcements should all be handled through the office of the President or through the President’s designee.

8.3.4     THE PROCESS

8.3.4.1     ALERT STATUS

When a program has been identified as a candidate for discontinuance, (as a result of an annual review process or otherwise), the Provost will notify the program faculty and the Faculty Senate.  The program will immediately be placed on alert status. The program alert status will provide advance notice and provide an opportunity, if desired, to address issues and possibly prevent program closure.

If it is the will of both the administration and the faculty to discontinue the program, the Provost will make a recommendation to the President who will, in turn, make a recommendation to the Board of Trustees. Plans for a teach-out phase will immediately begin during the alert status year. The program will no longer be marketed and Admissions will cease to admit new students into the program. (See Impact for Program Faculty.)

If program program and division faculty wish to advocate for program continuation, the Faculty Senate will inform the Provost within 30 days of receiving the alert status notification.  Program and division faculty will develop a plan to revitalize the program during the alert status year. The plan should address the  scope and implications of program continuance including, but not limited to, impact on the College mission, direct or indirect impact on other programs, financial and personnel implications, and the sustainability of other programs in the division. Program and division faculty should submit the plan to the appropriate Senate committee, as defined in the Bylaws of the Faculty Senate. The Faculty Senate will submit a recommendation to the administration.  The Provost will make a recommendation about the program to the President no later than the end of the alert status year.  If the recommendation is to discontinue the program, the President shall make a recommendation to the Board of Trustees. Plans for a teach-out phase will begin immediately upon approval by the Board. (See Impact for Program Faculty.)   If the revitalization plan is accepted, implementation of the plan will begin no later than the following academic year.  (See Revitalization Year.)

8.3.4.2      REVITALIZATION YEAR

At the end of one full year of program revitalization, the appropriate Senate committee will consult with program and division faculty, review the status of the program and make a recommendation to the Faculty Senate.  The Faculty Senate will then make a recommendation to the Provost who will make a recommendation to the President.  Based on the Provost’s recommendation, the President may (a) rescind alert status, (b) extend the revitalization period by one year, or (c) decide to recommend to the Board to discontinue the program.  If the revitalization period is extended, at the end of this extended revitalization period, the President may rescind alert status or make a recommendation to the Board to discontinue the program.  If the Board approves discontinuing the program, plans for a teach-out phase will begin immediately. (See Impact for Program Faculty.)

8.3.4.3     TEACH-OUT

After a review of the academic records of students in the program, the administration, in consultation with the faculty and the division dean, will make a determination of the length of the teach-out period. During the teach-out period, the program will no longer be marketed and Admissions will cease to admit new students into the program.

8.3.4.4     IMPACT FOR PROGRAM FACULTY

A decision to discontinue an academic program may result in termination or modification of program faculty appointments prior to the expiration date in individual letters of appointment. Nevertheless, the College will make reasonable efforts to retain affected faculty through the end of their appointment term. In cases of termination, the College will have no further obligations with respect to the payout of the remainder of terms specified in letters of appointment, because such letters are issued subject to the provisions of this policy and/or other College policies as posted and amended from time to time. For the same reason, modification of the terms stated in individual letters of appointment may also be made by the College under this policy as posted and amended from time to time.

When a decision to discontinue an academic program is made, the College may offer full-time faculty teaching in the program a one-year letter of appointment, regardless of preexisting contractual obligations, or it may offer severance compensation of one-year’s salary in lieu of a letter of appointment.   Because of the commitment required by both the College and the faculty during the teach-out phase, if faculty remain with the program through the teach-out phase, they may be offered severance compensation of one-year’s salary upon completion of the teach-out. In either case, on the recommendation of the Provost, the President may, at his or her discretion, approve up to an additional year of salary compensation. Alternatively, full-time faculty may be placed in another position at the College. The Provost, in consultation with the relevant Dean, will determine whether full-time regular faculty members associated with the discontinued program possess qualifications required to continue teaching at the College. If it is determined that the faculty do not possess the necessary qualifications to continue teaching, the College will make reasonable efforts to place them in a non-teaching position. The College will provide assistance to affected faculty members who cannot be relocated into existing vacancies at the institution.  The scope of assistance shall be determined at the discretion of the College and may include, but not be limited to, severance (as noted above), outplacement services and/or support for retraining and COBRA.

In the event that the discontinued program is reinstated within three (3) years from the completion of the teach-out period, terminated faculty members will receive priority consideration for reemployment in positions for which they are qualified, provided their performance had been satisfactory. Faculty whose positions have been lost as a result of program discontinuance will also be given priority consideration for other faculty positions that become open in the College for three (3) years following their termination, provided they meet qualifications for the position. If they are rehired into a faculty position, their prior years’ service and seniority will count toward their new academic rank.

8.3.4.5     REQUEST FOR RECONSIDERATION

The final decision to discontinue an academic program rests with the President and the Board of Trustees.

A faculty member whose appointment is terminated by reasons of program discontinuance has the right to file a request for reconsideration to the Board of Trustees Academic Affairs Committee.  The issues of the request may include the institution’s failure to satisfy any of the conditions specified in the termination decision.  The right to request reconsideration will not be reduced or relieved through the acceptance of a severance agreement; the faculty member is entitled to both as a matter of process. The decision of the Board of Trustees Academic Affairs Committee will be final.

8.4     NEWS RELEASES AND PRESS CONFERENCES

To maintain good media relations and to use most efficiently the time of faculty and staff, interviews with the press concerning matters of official policy of the College should be channeled through the Public Information & News Director or the Director of Marketing.

8.5     CONFIDENTIALITY

Members of the faculty should make themselves aware of various confidentiality requirements imposed by the College and by federal laws, e.g., The Family Educational Rights and Privacy Act of 1974 (FERPA). Members of the faculty are expected to use good judgment in determining which affairs of the College are confidential and to make conservative decisions in case of doubt. College legal counsel, with the permission of the Provost and Senior Vice President for Finance and Administration, can be consulted for advice in this regard.

8.6     TRAVEL EXPENSE REPORT

Procedures for obtaining reimbursements for expenses incurred during the conduct of College business are as follows:

• Obtain a Travel Expense Form from the divisional Operations Manager or online. http://www.champlain.edu/faculty-and-staff/campus-information/finance/policies-and-forms;
• Fill out only your Name, Department, Account Number, Report Date, Business Purpose of Trip or Advance, Trip Date, and Advance Amount requested;
• Fund advances for travel should only be for estimated funds needed during your trip. Any expenditure requiring payment prior to your trip or which will be billed to the College should follow the normal purchase order system. (i.e., pre-registration payments, car rentals, airline tickets, etc.);
• Original receipts are recommended for all expenses submitted for reimbursement; original receipts are required for all expenses greater than $25.00;
• IRS regulations require documentation of business expenses to include (a) the amount of the expenditure, (b) the time and place of the expenditure, (c) the business purpose of the expenditure, and (4) the names and business relationships of individuals for whom the expenditure was made.
• Ensure proper authorization on all expense reports and authorizations as defined by Finance Policy No. 301;
• Refer to Finance Policy No. 300 for reimbursable expenses, non-reimbursable expenses, meal expenditures, use of personal cars, and other specific requirements governing reimbursement of expenses.

8.7     EMERGENCY TRAVEL FUNDS

In most instances, employees are aware of travel schedules well in advance and can submit requests for funds in time to accommodate the work demands of the Finance Office. Requests for cash advances should be made on the travel expense report. The Finance Office processes requests for checks once a week, on Wednesdays. Exceptions for cash advances are rare and provided only after Finance has determined that other methods (credit card, cutting a check, wiring money) are not possible.   Any cash advance over $2,000 requires 14-days’ advance notice. Finance policy #306 outlines the specific steps for requesting a cash advance.

8.8     GRANT SUBMISSION AUTHORIZATION REQUEST

The formal process to submit authorization to request a grant is defined in Finance Policy No. 304.  To request authorization, submit a brief summary of the project along with the following information:

• Title of Project;
• Principal Investigator/Division;
• Funding Source;
• Submission Deadline;
• Estimated Project Dates;
• Maximum Dollar Request;
• Matching Funds Required (Yes/No);
• Direct Dollars/Indirect Dollars;
• Proposed Partners.

Signatures from the Development and Controller offices are required on the grant request; if the grant is an academic project, the signature of the Provost is also required.

8.9     CONTRACT AUTHORIZATION

Purpose: To facilitate communication among Champlain staff who may have an interest in a particular sale or purchase contract.

Scope: This policy applies to all employees of Champlain College who originate business relationships that may result in a contract.

Policy: All proposals for significant business relationships must be communicated to the appropriate college personnel and approved before a contract can be signed.

Procedure:

1. Early Notification: The originator of the business relationship must notify the Contract & Risk Management Director as early in the process as is reasonable. The Contract & Risk Management Director will email the appropriate staff and faculty of the planned relationship. “Appropriate staff and faculty” will depend on each situation, but should include those people whose work may be significantly affected by the business relationship and/or their department heads or academic deans. The purpose of this notification is to provide an early warning in order to solicit feedback, comments and concerns.
2. Term Sheet Approval: When contract negotiations are substantially completed, the originator of the business relationship must provide the contract information or a draft contract to the Contract & Risk Management Director, who will complete the following Term Sheet.   The Contract & Risk Management Director will obtain written approval of the Term Sheet from the college personnel he determines are appropriate. If the proposed contract does not accompany the Term Sheet, the final contract terms must be consistent with the approved Term Sheet.
3. Contract Approval: The Contract & Risk Management Director will submit the proposed contract and the approved Term Sheet to the Treasurer or Senior Vice President for Finance and Administration for final approval.  Contracts may not be signed without a fully approved Term Sheet.

(Form?)

8.10     USE OF COPYRIGHTED MATERIAL

The College, as an educational institution that is both a consumer and producer of information, supports the College community’s responsible and good faith exercise of fair use of copyrighted materials in pursuit of the College’s educational mission. The College is committed to complying with laws protecting the rights of copyright holders, while recognizing that those rights are limited by fair use and other provisions of copyright law. The College provides information and resources to educate members of the College community about copyright law, the rights of copyright holders and the exercise of fair use. The faculty, staff and other College employees, the students of the College, and all members of the College community have an obligation to make informed and responsible decisions regarding their use of copyrighted materials and are obligated to comply with copyright law.

8.11     INVESTIGATION OF CONCERNS RELATIVE TO BUSINESS PRACTICES

Purpose:

The purpose of this policy is to establish procedures for submitting complaints or concerns regarding financial statement disclosures, accounting or business practices, finances, internal controls or auditing matters, or suspected violations of Champlain’s Code of Business Conduct. For other issues see the Associate Vice-President of Human Resources and Organizational Development for advice on the mechanism for reporting.

Scope:

This policy applies to all employees and students of Champlain College.

Definitions:

Whistleblower: A person who reports potential wrongdoing with respect to the College’s financial statement disclosures, accounting or business practices, finance, internal controls or auditing matters, or potential violations of the College’s Code of Business Conduct, to the College’s administration and/or Board.

Policy:

The College’s internal controls and business policies and procedures are intended to prevent or detect improper activities with respect to the College’s financial statement disclosures, accounting or business practices, finances, internal controls or auditing matters, and/or suspected violations of Champlain’s Code of Business Conduct.   Nonetheless, the College welcomes information concerning potentially undetected improper activities of this sort.  The College, therefore, encourages employees, students, alumni, parents and others to report in good faith, their concerns about suspected improper activity as described in this policy.   No individual who, in good faith, reports a matter covered by this policy, shall suffer harassment, retaliation, or adverse employment, academic or education consequence as a result.

Procedure:

• Individuals wishing to report violations or suspected violations may send or submit a sealed envelope to the Chair of the Audit Committee, Champlain College Board of Trustees, c/o President’s Office, PO Box 670, Burlington, VT 05402-0670. If an individual wishes to discuss any matter with the Audit Committee, he or she should so indicate in the submission and include a telephone number where he or she can be reached. Should the Committee deem such communication appropriate, the individual will be contacted accordingly.
• Following the receipt of a complaint submitted under this policy, the Audit Committee will:
  • Acknowledge receipt of the complaint to the sender (unless anonymously submitted);
  • Investigate or direct an investigation to commence on each matter reported, and take corrective or disciplinary actions, if appropriate. In conducting an investigation, the Audit Committee or its representative, will use reasonable efforts to protect the confidentiality and anonymity of the complainant. Confidentiality may have to yield to the needs of the investigation and/or the accused’s need to participate in a discussion of the situation, but the College prohibits retaliation in any event.
  • The Audit Committee may engage legal counsel or other outside professionals to conduct the investigation and provide a report to the Chair of the Audit Committee.
• At the conclusion of any action(s) taken by the Audit Committee under this policy, the Chair of the Audit Committee will:
  • Provide a summary report of the investigation, conclusion, and resolution regarding the suspected violations to the Champlain College Board of Trustees. A verbal or written summary may also be provided to the individual filing the complaint, as determined by the Chair of the Audit Committee.
  • Provide a copy of the file to the Secretary of the Board of Trustees for the purpose of documenting and maintaining the resolution of the matter.
• Individuals found to be making baseless allegations without regard for their truth or falsity may be subject to institutional disciplinary action.

Policy Adherence:

The Senior Vice President for Finance and Administration is the responsible official for this policy. Any exceptions to this policy must be approved by the Senior Vice President for Finance and Administration.

Contact:

Questions related to the interpretation of this policy should be directed to the Associate Vice-President of Human Resources and Organizational Development.

Any individual with questions about whether or not the policy applies to a given incident should use the process described above. The Audit Committee will determine whether or not the incident should be investigated under this policy, or should be addressed instead to the Associate Vice-President of Human Resources and Organizational Development.

Human Resources policies and procedures are updated on an as-needed basis. As such, the College reserves the right to alter, amend or suspend the terms of this policy at its sole discretion. Please refer to the policies posted on the Human Resources website for the current version. This policy does not constitute an employment contract.