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 academic technology team, 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 learning management 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 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 Center for Learning & Teaching provides training and support opportunities for faculty to promote academic continuity.

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 Student Experience Committee. The decision of the Board of Trustees Student Experience Committee will be final. The decision to terminate a contract in the case of financial exigency is not subject to appeal.

8.3     INITIATING AND 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. It is important for the faculty 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;
• 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.

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.

No program will be discontinued without the involvement of the faculty in that program and the respective Academic Dean. Notification to the Provost is an expected initial step in the process. 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 have the opportunity to present a proposal for continuation and/or reorganization as outlined in Section 8.3.3 The Process, below.  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.

8.3.3     THE PROCESS

1. The Provost, Academic Unit Administrator, Program Director, and/or faculty who teach within the program, acting individually or jointly, initiates the process by making a “Recommendation for Discontinuance”. Regardless of who initiates the process, the other individuals listed in this paragraph must be formally notified. 

   1. The Recommendation for Discontinuance must include the following:

      1. A rationale for discontinuance.

      2. A statement by the Provost addressing: 

         1. How the discontinuance aligns with the College’s and Academic Unit’s current strategic plan and enrollment strategy. 

         2. The date on which the teachout of the program would begin.

         3. The date Marketing would no longer publish material specific to the program and when Enrollment would no longer recruit for the program.

         4. A timeline, developed in consultation with the Program Director and the Chair of the Academic Affairs Committee, that includes dates/deadlines for the following milestones:

            1. The warning of the discontinuance to the Academic Affairs Committee and Faculty Senate

            2. Development of communication plan

            3. Development of teachout overview

            4. The two comment periods

            5. The Faculty Senate meeting at which a vote on the discontinuance would be most desirable in order to meet relevant institutional timelines.

            6. Potential dates of the Board of Trustee meetings at which the discontinuance would be voted on and finalized.

2. The Provost formally notifies the Academic Affairs Committee of the Recommendation for Discontinuance before its next meeting.

3. The Academic Unit Administrator develops a communication plan and high-level teachout overview (see 8.3.4) prior to the next full Faculty Senate meeting in consultation with the following groups:

   1. The Provost 

   2. Program Director and program faculty

   3. The Curriculum Committee Chair and the Academic Affairs Committee Chair

   4. Admissions and Marketing 

4. The Chair of the Academic Affairs Committee formally warns the full faculty of the Recommendation for Discontinuance at the next Faculty Senate meeting, marking the beginning of the faculty comment period, which will last until the Academic Affairs Committee meeting just prior to the Faculty Senate vote on the Recommendation.

5. The Academic Affairs Committee is provided with all information from all recent program reviews as well as all comments from the faculty comment period. The Provost, Academic Unit Administrators, Program Director, Program Faculty, and Faculty Welfare Committee may submit statements either in support of or against the Recommendation for Discontinuance for additional consideration by the AAC. 

6. The Academic Affairs Committee votes to endorse or not endorse the Recommendation for Discontinuance and drafts a written explanation of their position. Any impacted program faculty who are members of the Academic Affairs Committee recuse themselves from the committee’s deliberations. 

7. At the same time as the Academic Affairs Committee is preparing its response, the Academic Unit of the impacted program may vote to endorse/not endorse the Recommendation for Discontinuance and/or provide commentary. Academic Unit commentary/voting is not mandatory, and may only be undertaken within the comment period. Any Academic Unit commentary and/or vote results must be sent by the Academic Unit Administrator to the Provost and to the Chair of the Academic Affairs Committee within the allotted comment period.

8. At the same time as the Academic Affairs Committee is preparing its response, the Curriculum Committee will vote on the teachout overview. The Chair of the Curriculum Committee will formally notify the Provost and Chair of the Academic Affairs Committee of the result of the vote.

9. Supported by the Provost’s Office, the Academic Affairs Committee compiles all program review documentation and all statements and comments, including Academic Unit votes, if applicable, that have been submitted during the comment period, and presents the complete documentation to the full faculty at Faculty Senate, along with its endorsement/non-endorsement of the Recommendation for Discontinuance. All supporting documentation should be made available to the full faculty at the time the Recommendation is formally warned for a Senate vote.

10. The Faculty Senate reviews the materials assembled by the Academic Affairs Committee and votes to endorse or not endorse the Recommendation for Discontinuance. (A note of clarification: this vote, like all other votes in this process, is a vote on the original Recommendation for Discontinuance, not on any subsequent votes/commentary by a committee, Academic Unit, or individual.)  

11. Faculty are given a final opportunity for commentary, beginning at the end of the Senate meeting at which the vote on the Recommendation for Discontinuance was taken and ending one week later.

12. At the end of the final comment period, the Chair of the Academic Affairs Committee formally submits to the Provost, Academic Unit Administrator, Program Director, and the Secretary of the Faculty Senate all assembled documentation presented to Faculty Senate, along with the results of the Faculty Senate vote and any comments made during the final comment period. 

13. The Provost reviews all documentation submitted by the Chair of the Academic Affairs Committee and, in consultation with the President, either supports the Recommendation for Discontinuance or initiates the development of a plan for reinvention in collaboration with relevant program faculty, Program Directors, Academic Unit Administrators and the Curriculum Support Team. 

14. If the Provost’s determination, in consultation with the President, is to discontinue the program, the following steps occur:

    1. The Provost notifies the President.

    2. If the President agrees with the decision, the President notifies the Board of Trustees Executive Committee.

    3. At the next Board of Trustees meeting the Board votes to either support or not support the Recommendation for Discontinuance. The Provost will provide a written document explaining the decision and rationale to the Faculty Senate.

    4. If the President and the Board of Trustees approve the discontinuance, the Provost notifies first the relevant program faculty, Program Directors, and Academic Unit Administrator, then the Chair of the Academic Affairs Committee, the full Faculty Senate, and Admissions and Marketing. 

    5. Program faculty develop a teachout plan for the discontinued program with the support of the Curriculum Committee and the Curriculum Support Team and the Provost.

    6. The Program Director initiates program discontinuance using the appropriate Curriculum Committee process. This includes a complete teachout plan; see 8.3.4 for more information.

15. If either the President or Board of Trustees decides not to support the Recommendation for Discontinuance, the Provost is tasked with developing a plan for reinvention in collaboration with relevant program faculty, Program Directors, Academic Unit Administrators and the Curriculum Support Team.

If the result of the process is a decision 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. The program will no longer be marketed and Admissions will cease to admit new students into the program. (See Impact for Program Faculty.)

8.3.4     TEACHOUT

A teach-out assures that “the institution will maintain the necessary experience, resources, and support services to provide an educational program that is of acceptable quality and reasonably similar in content, structure, and scheduling to that promised to the students upon enrollment; [and] provides evidence that students completing the teach-out would meet curricular requirements for licensure or certification, if any” (NECHE Policy on Teach-Out Plans and Teach-Out Agreements, July 2020).

The teach-out overview, prepared as part of Step (3) in Section 8.3.3, includes:

1. Tabulation of the number of current students at each class level; 

2. A list of the courses that will likely need to continue to be taught; 

3. An estimated date at which the teach-out would be completed.

The teach-out plan, prepared after a discontinuance has been approved by the Provost, President, and the Board of Directors, details a degree completion strategy for all students currently enrolled in the program “so that they may complete their education with a minimum of disruption” (according to NECHE Standard 4.9). The teach-out plan should identify courses within the program that will need to be maintained as service courses for other programs after the program is discontinued as well as address the courses and resources required to bring students currently enrolled in the program to completion. The teach-out plan must be approved by the Curriculum Committee according to its established processes.

8.3.5    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.

8.3.6   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.  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 will be final.

8.3.7     INITIATING AN ACADEMIC PROGRAM

8.3.7.1     INTRODUCTION

As Champlain keeps pace with trends in higher education and the 21st century workplace, it will be necessary to develop new degree programs to better serve the needs of our students. This policy is not concerned with program modifications or the development of new minors, specializations, threads or certificates. However, the process outlined in this policy is recommended for major program evolution or reinvention. The process outlined below is designed to ensure robust and inclusive program development and to make the proposed program’s alignment with strategy and mission, resource requirements, and benefits to the College transparent.

8.3.7.2     IDENTIFYING NEW PROGRAM NEEDS

The decision to develop a new degree program may be initiated by, but is not limited to, one or more of the following circumstances: emerging career opportunities or new developments in the workplace; significant student interest; internal or external market research; or feedback from the College Admissions and/or Leadership team. New programs will also align with institutional priorities, mission, and vision.

8.3.7.3     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 a new degree program should reflect long-range appraisal of the resources needed to develop and maintain the program and how the program supports the educational mission of the institution.

8.3.7.4     PROCESS

Individuals wishing to develop a new degree program must first submit to the Provost a preliminary program proposal. The Provost must provide, within a reasonable period, a written response to the program proposal that includes a statement describing how the proposed program might align with the College’s mission, vision and strategy. If the Provost supports the proposal, that does not guarantee that the proposed program will be approved, but an unsupportive response does not preclude a faculty member from bringing the proposal to the Curriculum Support Team (CST) for further development.

Proposal originators who wish to continue the program development process will meet with the Curriculum Support Team (CST) to obtain initial feedback and recommended next steps. The CST can offer support and point faculty to additional available resources (Enrollment Management, Finance, Marketing, Information Systems, etc.). Proposal originators are encouraged to utilize the CST iteratively through the development of the proposal. Proposal originators should also consult any faculty, program directors, or academic unit administrators who will be directly impacted by the new program.

At an appropriate point in the process, both a market analysis and feasibility study should be done to provide evidence to support the planning and decision-making for developing a new program, and at least a preliminary market scan should be started as early as possible in the process. The market analysis should address the viability of the academic program, the landscape of similar existing programs, career opportunities and employment trends and target audience. The feasibility study should address additional resources needed to implement and support the program. Information gained from these reports is essential for making decisions about proposed degree programs.

The Provost’s Office, in consultation with the CST, can prioritize, schedule, and coordinate market research as appropriate, preferably including external market studies. Proposal originators will be involved in any meetings with external researchers to clarify the program concept, answer questions, and hear interpretation of results. Results of market research will be one factor that is considered as part of the program approval process.

Institutional Research will develop and maintain a data set that can be used to calculate “feasibility” metrics that will become part of the feasibility study for a proposed program. This feasibility study will be included as part of the final proposal along with market research findings. Data supporting the proposal of a new degree program, along with program curriculum, learning objectives and methods of assessment, should be reviewed by impacted faculty prior to going to the Curriculum Committee. Any relevant academic units should offer feedback and may choose to vote in an advisory role in favor of or against the proposal.

The proposal will continue through curricular approval through votes by the Curriculum Committee and then, if approved, the full Faculty Senate. 

If the Faculty Senate votes to approve the proposal, the Provost, in consultation with the President, makes a recommendation about whether or not to initiate the program as proposed. If the President approves the program, the President will notify the Board of Trustees, with whom the final decision to establish a new academic degree program ultimately rests.

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 President’s Office.

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, can be consulted for advice in this regard.

8.6     TRAVEL EXPENSE REPORT AND EMERGENCY TRAVEL FUNDS

Procedures for obtaining reimbursements for expenses incurred during the conduct of College business can be found in policy #300.

8.7     GRANT SUBMISSION AUTHORIZATION REQUEST

The formal process for pursuing grants can be found here: https://www.champlain.edu/faculty-and-staff/campus-information/finance/grant-roles-and-responsibilities

8.8     CONTRACT AUTHORIZATION

Purpose: To facilitate communication among Champlain staff or faculty 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 Term Sheet.   The Contract & Risk Management Director will obtain written approval of the Term Sheet from the college personnel he/she/they determine to be 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 Vice President of Finance for final approval.  Contracts may not be signed without a fully approved Term Sheet.

8.9     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.

8.10     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, please consult the People Center 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 Vice President of Finance is the responsible official for this policy. Any exceptions to this policy must be approved by the Vice President of Finance.

Contact:

Questions related to the interpretation of this policy should be directed to the People Center.

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 People Center.

People Center 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 People Center website for the current version. This policy does not constitute an employment contract.

8.12  SEXUAL MISCONDUCT

Please click here for policy.