Employee handbook 2018 2020 by Long Island Business Institute

2018-2020

EMPLOYEE HANDBOOK

« In Knowledge There’s Opportunity »

2018-2020

The College for Career Education

TABLE OF CONTENTS Dear New Employee, ��1 Federal, State, And Local Anti-Discrimination Laws Covered in this handbook ��4 Statement of customer service ��5 1. GENERAL INFORMATION 1.1 1.2

1.3 1.4 1.5 1.6 1.7 1.8

Welcome to the Long Island Business Institute! ��7 Commitment to Equal Employment Opportunity ��8 1.2.1 Reasonable Accommodations ��9 1.2.2 Reporting ��9 1.2.3 Retaliation ��9 History of LIBI ��10 Changes in Policy ��10 The Purpose of this Handbook ��10 Alternative-Dispute-Resolution (“ADR”) Arbitration Policy ��11 1.6.1 Arbitration ��11 College Governance ��12 LIBI Committee Procedures ��17

2. EMPLOYMENT RELATIONSHIP 2.1 2.2 2.3 2.4

Employment Is At-Will ��18 New Employee Probationary Period ��18 Employee Status Classification ��19 Job Functions ��23 2.4.1 Faculty of Instruction ��23 2.4.2 Executive Staff ��24 2.4.3 Managers ��25 2.4.4 Administrative Staff ��25 2.4.5 Technical Staff ��26 2.4.6. Facility Maintenance and Services ��26 2.4.7 Federal Work Study Students ��26

3. EMPLOYMENT POLICIES Our Commitment to Equal Opportunity Employment & Americans with Disabilities Act ��28 3.1 Recruitment ��28 3.2 Employment of Minors ��29 3.3 Employment of Relatives ��29 3.4 General Policy – Internal Candidates ��30 3.5 Reference Check Policy: Prior to Employment ��30 3.6 Background Check: All Positions ��31 3.7 Background and Reference Check Policy: Sensitive Positions ��31 3.8 Background and Reference Check Policy (Sensitive Positions): Credit Record ��32 3.9 Arrest and Conviction Record ��33 3.10 Inquiries and Misrepresentation ��34 3.11 Personnel Records ��34 3.12 Offer of Employment ��34 3.13 Proof of Work Eligibility and Immigration Law Compliance ��35 3.14 Child Support Reporting Requirements ��35 3.15 Political Neutrality ��35 3.16 Americans with Disabilities Act ��35 3.16.1 Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act (ADAAA) of 2008 ��36 3.16.2 The Meaning of Disability ��37 3.16.3 Qualified Individual with a Disability ��37 3.16.4 Exceptions to the definitions of ‘‘Disability’’ and ‘‘Qualified Individual with a Disability.’’ ��37 3.16.5 Essential Functions ��37 3.16.6 Reasonable Accommodation ��38 3.16.7 Major Life Activities ��41 3.16.8 Pose No Direct Threat ��41

3.17 Procedure for Requesting an Accommodation ��42 3.18 The New York City Human Rights Law and Individuals with Disabilities ��43 3.19 Privacy of Medical Files ��43 3.20 Breastfeeding ��44 3.21 Transgender Employees ��44 3.21.1 LIBI’s Dress Code and Gender Identity ��44 3.21.2 Anti-Harassment Policy Transgender Employees ��45 3.22 Rights to Accommodations for Victims of Domestic Violence, Sex Offenses or Stalking ��45 3.23 Safety and Security of Victims of Domestic Violence, Sex Offenses or Stalking ��46 3.24 Health and Safety ��46 3.25 Workplace Security ��46 3.26 Visitors and Guests Policy ��48 3.27 Children in the Workplace ��48 3.28 Personnel Records and Administration ��49 3.29 Confidentiality of Personnel Files ��49 3.30 Change of Personal Data ��49 3.31 Change of Data for Timely Warning Notifications ��50 3.32 Employee Privacy ��50 3.33 Employee Responsibility ��50 3.34 Responsibilities of Supervisors, Managers, and Directors ��50 3.35 Performance Evaluations ��51 4. EMPLOYEE CODE OF ETHICS AND CONDUCT 4.1

Message from the Board of Directors of LIBI ��56 4.1.1 Seeking Clarification ��56 4.1.2 False Claims ��57 4.2 Policy on Business Conduct Violations ��57 4.3 Policy on Communicating with Members of the Media and Outside Parties ��57 4.4 Policy on Dealing Fairly With Students and the Public ��58 4.5 Discrimination and Harassment ��58 4.6 General Guidelines ��58 4.7 Books and Records ��59 4.8 Admissions Process ��59 4.9 Privacy and Confidentiality ��59 4.10 Confidentiality of Student and Employee Information ��60 4.10.1 Requirements Under the Law ��60 4.10.2 What Is Classified as an Educational Record? ��60 4.10.3 When Is Consent Not Necessary? ��61 4.10.4 What Information Can LIBI Release Without Consent? ��61 4.11 Employee and Student Relationships ��62 4.12 Socializing with Students ��62 4.13 Workplace Relationships ��62 4.14 Accepting Gifts ��63 4.15 Social Functions on LIBI’s Premises ��63 4.16 Policy on Office Decorations ��64 4.17 Policy on Solicitations ��65 4.18 Violence Is Prohibited ��65 4.18.1 What to Do in Case of Violence ��65 4.18.2 Threatening, Abusive, or Vulgar Language ��66 4.18.3 Fighting ��66 4.18.4 Weapons and Dangerous Items ��66 4.19 Drugs and Alcohol ��66 4.19.1 Reasonable Suspicion Drug and Alcohol Testing ��67 4.19.2 Alcohol Tests ��67 4.19.3 Inspections to Enforce Drug and Alcohol Policy ��67 4.19.4 Leave to Participate in a Rehabilitation Program ��68 4.20 Confidentiality ��68 4.21 Insubordination ��70

4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34

4.35

4.36 4.37 4.38 4.39 4.40 4.41 4.42 4.43 4.44 4.45

Punctuality and Attendance ��70 Reporting to Work at Another Campus ��71 Conflict of Interest ��71 Office Environment and Desk Appearance ��72 Use of School Property ��72 4.26.1 Policy on Destruction of LIBI-Provided Equipment ��72 4.26.2 Policy on Theft of LIBI-Provided Equipment and Information ��72 Use of Employee-owned Equipment and Media ��73 Reproduction of Copyrighted Works ��73 Copying Sensitive Material ��74 Use of Letterhead ��74 Use of Pictures ��75 Unauthorized Cameras, Phones, and Other Recording Devices ��75 LIBI Log ��75 Employee Dress Code and Proper Appearance ��75 4.34.1 Overview ��75 4.34.2 Objective ��76 4.34.3 Specific Requirements ��76 4.34.4 Casual or dress-down days ��77 4.34.5 Business Attire ��78 4.34.6 Religious Accommodation ��78 4.34.7 Employee Responsibility ��79 4.34.8 Hygiene Violations ��79 4.34.9 Special Considerations ��79 4.34.10 Enforcement ��79 Contagious Disease Policy ��79 4.35.1 Coverage ��79 4.35.2 Definition ��79 4.35.3 Policy ��80 4.35.4 Education ��80 4.35.5 Employee Responsibility ��80 4.35.6 Employee Requirements ��81 4.35.7 Supervisor Responsibilities ��81 4.35.8 Administrative Response ��81 4.35.9 Confidentiality ��82 Telephone System ��82 Loud Behavior ��82 Inappropriate Jokes and Office Bullying ��82 Smoking Is Prohibited ��82 4.39.1 Smoke-Free Workplace: New York No Smoking - State Clean Indoor Air Act ��83 Constructive Discipline Process ��83 Voluntary Termination of Employment Policy ��84 Involuntary Termination of Employment Policy ��85 Job Abandonment ��86 Computer and Network Usage/Security Policy ��86 4.44.1 E-mail Use (General overview) ��87 4.44.2 Internet Use (General overview) ��87 E-Mail Policy ��88 4.45.1 Employee Use of College E-mail for Personal Reasons ��88 4.45.2 Employee-owned Electronic Communication Equipment ��88 4.45.3 Employee Personal E-mail Accounts ��88 4.45.4 Employee Responsibilities When Using College E-mail ��88 4.45.5 E-mail Storage ��89 4.45.6 E-Mail Security and Monitoring ��89 4.45.7 Login names and passwords ��90 4.45.8 Training and Acknowledgement of LIBI’s E-Mail Policy ��90 4.45.9 Violations of LIBI’s E-Mail Policy ��90 4.45.10 Retaliation Prohibition ��91

4.46

4.47

4.48

4.49

4.50

4.51 4.52 4.53 4.54 4.55

4.45.11 Modification of LIBI’s E-Mail Policy ��91 4.45.12 Sending Community-Wide E-mails ��91 Internet Policy ��91 4.46.1 Games and Entertainment Software ��91 4.46.2 Illegal Copying ��91 4.46.3 Virus Detection ��91 Social Media Policy ��91 4.47.1 General Social Media Guidelines ��92 4.47.2 LIBI-Owned Electronic Communication Systems and Devices ��92 4.47.3 Employee-Owned Electronic Communication Devices at the Workplace ��92 4.47.4 Remote Access Security & Protection Policy – Personal Computers & LIBI Owned Electronic Devices ��92 4.47.5 Social Media Use in the Workplace ��93 4.47.6 Employee Personal Social Media ��94 4.47.7 Social Media Use for Work Purposes ��94 4.47.8 Security and Monitoring of Social Media ��95 4.47.9 Training and Acknowledgement of LIBI’s Social Media Policy ��95 4.47.10 Violations of LIBI’s Social Media Policy ��96 4.47.11 Modification of LIBI’s Social Media Policy ��96 Blogging Policy ��96 4.48.1 General Blogging Guidelines ��96 4.48.2 Employee Blogging for Personal Reasons ��96 4.48.3 Employee-Owned Electronic Communications Equipment ��97 4.48.4 Employee Personal Blogs ��97 4.48.5 LIBI-Sponsored Blogs ��97 4.48.6 Employee Blogging for Work Purposes ��97 4.48.7 Security and Monitoring of Blogs ��98 4.48.8 Training and Acknowledgement of LIBI’s Blogging Policy ��98 4.48.9 Violations of LIBI’s Blogging Policy. ��98 4.48.10 Modification of LIBI’s Blogging Policy ��98 Camera and Audio/Video-Recording Devices Policy ��99 4.49.1 General Restrictions on Camera and Audio/Video-Recording Devices ��99 4.49.2 Protecting LIBI Property and Employee, Student, and Guest Safety ��99 4.49.3 Protecting Employee, Student, and Guest Privacy ��99 4.49.4 Harassment ��99 4.49.5 Training and Acknowledgement of LIBI’s Camera and Audio/Video Recording Devices Policy �� 100 4.49.6 Violations of LIBI’s Camera and Audio/Video-Recording Devices Policy �� 100 4.49.7 Modification of LIBI’s Camera and Audio/Video-Recording Devices Policy �� 100 Setting up Social Media �� 100 4.50.1 Respect Copyright Laws �� 101 4.50.2 Don’t Tell Secrets �� 101 4.50.3 Respect Your Audience, LIBI, and Your Coworkers �� 101 4.50.4 Disclaimers �� 101 4.50.5 Enforcement �� 101 4.50.6 Protect LIBI Students, Employees and Business Partners �� 101 Cyberstalking, Cyberharassment and Cyberbullying �� 101 Community Updates and Bulletin Boards �� 102 Sending Community-wide E-mail �� 102 CampusVue (Database) Usage Policy �� 102 Compliance Poster and Postings �� 103

5. HARASSMENT POLICIES 5.1 5.2 5.3 5.4 5.5 5.6

General Statement �� 104 Early Intervention �� 104 Complaint Policy �� 104 The Investigation �� 105 Responsive Action �� 105 Our Doors Are Open to You �� 105

5.7

Grievance Policies �� 106 5.7.1 General Policy �� 106 5.7.2 Scope of the Policy �� 106 5.7.3 Non-Retaliation Policy �� 106 5.7.4 Good Faith Participation �� 106 5.7.5 Support Person �� 107 5.7.6 Confidentiality �� 107 5.7.7 Review �� 107 5.7.8 Discrimination Grievance �� 107 5.7.9 Performance Grievance �� 107 5.7.10 Administrative / Managerial Review �� 107 5.7.11 Seek Informal Resolution within Thirty Days �� 108 5.7.12 Review by Respondent's Supervisor �� 108 5.7.13 Grievance Review Panel �� 109 5.7.14 Review and Final Decision by the President �� 109

6. COMPENSATION POLICIES 6.1 6.2 6.3 6.4

6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14

Pay Practices �� 110 Discussion of Wages �� 110 Pay Periods and Paydays �� 110 Payroll Deductions General Information �� 110 6.4.1 Payroll Deductions and Exceptions �� 111 6.4.2 Payroll Deductions and Termination �� 111 6.4.3 Payroll Deductions – Garnishment and Bankruptcy �� 112 Time Cards �� 112 Policy on Overtime �� 113 Working Through Lunch – NON-EXEMPT Classified Employees Only �� 114 Taking work home – NON-EXEMPT Classified Employees Only �� 114 Making/Receiving Job-related Phone Calls at Home – NON-EXEMPT Classified Employees Only �� 115 Lectures, Meetings and Training Programs – NON-EXEMPT Classified Employees Only �� 115 Intercampus Travel – NON-EXEMPT Classified Employees Only �� 115 Compensatory Time �� 115 6.12.1 Expiration of Compensatory Time �� 116 Additional Pay for Exempt Employees �� 117 Wage Garnishments �� 117

7. TIME-OFF BENEFITS 7.1 7.2 7.3 7.4

7.5

7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14

Accrual of Paid Time Off �� 119 Vacation Policies �� 119 Holidays �� 121 General Procedures for Requesting a Religious Accommodation �� 121 7.4.1 Title VII and Retaliation �� 122 7.4.2 Staff Accommodation Requests �� 122 7.4.3 Faculty Accommodation Requests �� 122 7.4.4 Privacy Policy �� 123 Time and Leave Policies and Procedures �� 123 7.5.1 Sick Leave/Personal Days �� 123 7.5.2 Procedures to Follow when Calling Out Sick �� 123 7.5.3 Paid Sick Leave Policy for Part-Time Employees �� 124 7.5.4 Carrying Over Paid Sick Leave for Part-Time Employees �� 127 Personal Days �� 127 Leave Available �� 128 Substitution of Paid Leave �� 128 Certification of Need for Leave �� 128 Intermittent Leave �� 128 Health Insurance During Leave �� 128 Adoptive Parents Leave - N.Y. Lab. Law § 201-c �� 128 Time Off for School Activities �� 129 Volunteer Emergency Responder Leave - N.Y. Lab. Law § 202-l �� 129

7.15 Bereavement Leave �� 129 7.16 Military Family Leave Entitlements �� 130 7.16.1 Notice Requirements �� 131 7.16.2 Certification Requirements �� 132 7.16.3 Unlawful Acts �� 132 7.16.4 Enforcement �� 132 7.16.5 New York Family Military Leave Law �� 133 7.16.6 Military Leave of Absence – Uniformed Services Employment and Reemployment Act (USERRA) � 133 7.16.7 Employee Obligations �� 134 7.16.8 Uniformed Services �� 134 7.16.9 Returning From Military Service – New York State Military Law �� 135 7.16.10 Retaliation under USERRA �� 135 7.17 Voting �� 135 7.17.1 Employee Rights �� 135 7.18 Jury Duty �� 136 7.19 Time-Off to Serve as a Witness �� 136 7.20 New York: Blood Donation Leave - Blood Donation Leave: N.Y. Lab. Law § 202-j �� 136 7.20.1 Recordkeeping �� 137 7.21 Bone Marrow Donation Leave - Bone Marrow Donation Leave: N.Y. Lab. Law § 202-a �� 137 7.22 Family and Medical Leave Act of 1993 �� 137 7.23 Returning to Work After an Illness �� 138 7.24 Transitional Work �� 139 7.25 Maternity/Paternity Leave �� 139 7.26 Notice Requirements �� 139 7.27 Reinstatement �� 140 7.28 New York: State Paid Family Leave �� 140 7.28.1 Eligibility Requirements �� 140 7.28.2 Entitlement �� 140 7.28.3 Definition of a Serious Health Condition �� 141 7.28.4 Use of Leave �� 141 7.28.5 Employee Responsibilities �� 141 7.28.6 Job Benefits and Protection �� 142 7.28.7 Leave Concurrent with FMLA �� 142 8. EXPENSES 8.1 8.2 8.3 8.4 8.5

Tuition Reimbursement Policy and Procedures �� 143 LIBI Tuition Remission Eligibility �� 144 Expense Reimbursement �� 144 Procedures for Travel Expenses �� 144 Mileage Reimbursement �� 145

9. EMERGENCY PROCEDURES 9.1 LIBI Emergency Notification System �� 146 9.1.1 What Would an Emergency Notification System Message Say? �� 146 9.1.2 Why Should I Sign Up To Receive Emergency Cell Phone Notification(Timely Warning)? �� 147 9.1.3 Where Do I Sign Up for Emergency Cell Phone Notification (Timely Warning)? �� 147 9.1.4 Will I Get Any Messages If I Do Not Sign Up? �� 147 9.1.5 Will I Get Multiple Messages Daily, Weekly or Every Few Days? �� 147 9.1.6 What If I Change My Phone Number? �� 147 9.1.7 Can I Remove My Number from the Emergency Cell Phone Notification? �� 147 9.1.8 Do I Need to Sign Up to Receive Emergency Alert Email? �� 147 9.2 Emergency Closing Policy �� 147 9.2.1 Flushing Campus Employees (Members of the staff and Faculty) �� 148 9.2.2 Commack Campus Employees (Members of the Staff and Faculty) �� 148 9.2.3 Manhattan Center Employees (Members of the Staff and Faculty) �� 149 9.3 What to Do in an Emergency? �� 149 9.4 Who to Notify in Case of Emergency �� 150 9.5 Fire/Evacuation Drill �� 150

9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19

Maintenance of First Aid Materials and Megaphones �� 150 Maintenance of Fire Extinguishers and Fire Hoses �� 150 Training of Fire Wardens and Searchers �� 150 Active Shooter/Hostage Situation Policy �� 151 What to Report to the Police in Addition to Your Location �� 151 Mentality of an “Active Shooter” �� 151 If “Active Shooter” is Outside the Building �� 151 If “Active Shooter” is Inside the Building �� 152 If “Active Shooter” Enters Your Class/Office �� 152 Un-Securing an Area �� 152 General Law Enforcement Response �� 152 Evacuation Involving an Active Shooter �� 153 Safely Dealing With a Disruptive Individual �� 153 How to Respond to a Bomb Threat Received Via Telephone �� 153

10. ENDING EMPLOYMENT 10.1 10.2 10.3 10.4 10.5

Severance Pay �� 155 Continuing Your Health Insurance Coverage �� 155 Exit Interviews �� 155 References �� 155 Return of School Property �� 155 Appendix �� 157 Notes �� 181

Dear New Employee, On behalf of your colleagues, I welcome you to the Long Island Business Institute and wish you every success here. We strongly believe that each and every employee contributes directly to the success and reputation of the college. Each member of the staff and Faculty plays an important role in the development of our students and their success. Our jobs are not easy -- but they are certainly rewarding. The rewards, of course, are not immediate - in fact, most take about 16 months to be seen (many of our students take roughly that long to finish their degrees). Unfortunately, a portion of our students can take significantly longer to complete their programs of study if leaves of absence are taken or courses failed. Nevertheless, there is nothing more rewarding for LIBI’s employees than our annual graduation ceremony. Because you will be busy making a difference in our students’ lives, we want you to be as comfortable as possible in your new environment, as quickly as possible. We realize that you will have many questions as you acclimate to LIBI so this Handbook was developed to outline policies, procedures and benefits available to eligible employees. It is the responsibility of each employee to familiarize themselves with the contents of the employee Handbook as soon as possible, for it will answer many questions about employment with LIBI. We hope that your experience at LIBI will be challenging, enjoyable, and rewarding. Again, welcome! Sincerely,

Monica W. Foote President

Long Island Business Institute | Employee Handbook 2018 - 2020

RESPECT FOR HUMAN RIGHTS Respect for human rights is a fundamental value of the Long Island Business Institute (LIBI). We strive to respect and to promote human rights in our relationships with our employees, students, independent contractors, and vendors. We use due diligence to identify and prevent human rights violations among our employees, our students, and those with whom we have business relationships. Should LIBI identify adverse human rights impacts resulting from or caused by our business activities, we are committed to providing for their fair and equitable remediation.

COMMUNITY AND STAKEHOLDER ENGAGEMENT LIBI recognizes that we are a significant part of the communities in which we operate. We engage with our stakeholders on matters that are important to them, such as high quality education that prepares members of these communities for in-demand jobs, provides opportunities for further higher education, and lays the foundation for lifelong learning. LIBI engages with our stakeholders, including vulnerable and in-need groups, to provide support through educational workshops, awareness building activities, and community support efforts. Our aim is to ensure, through dialogue with our stakeholders, that we are listening to, learning from and considering the needs of those we serve.

DIVERSITY AND INCLUSION We value and advance the principles of diversity and inclusion. We are committed to equal opportunity, and we are intolerant of discrimination and harassment. LIBI actively works to maintain an environment that is free from discrimination or harassment on the basis of race, sex, color, national or social origin, ethnicity, religion, age, disability, sexual orientation, gender identity or expression, familial status, prior arrest records, political opinion or any other status protected by applicable law. The bases for recruitment, hiring, placement, development, training, compensation and advancement at the college are: qualifications, performance, skills, and experience. LIBI does not tolerate disrespectful or inappropriate behavior, unfair treatment or retaliation of any kind. Harassment is not tolerated in the workplace and in any work-related circumstance outside the workplace.

FREEDOM OF ASSOCIATION We respect our employees’ right to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment without fear of reprisal, intimidation or harassment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the attention of the college, trying to induce group action, or seeking to prepare for group action. LIBI is committed to establishing a constructive dialogue with all employees or their chosen representatives. LIBI also respects employees’ right to inquire about, discuss, or disclose wages with other employees.

Employee Handbook 2018 - 2020 | Long Island Business Institute

SAFE AND HEALTHY WORKPLACE The safety and health of our employees is of paramount importance. LIBIâ&#x20AC;&#x2122;s policy is to provide a safe and healthy workplace and to comply with applicable safety and health laws and regulations, as well as through the establishment of more stringent internal requirements. We work to provide and maintain a safe, healthy and productive workplace, in consultation with our employees, by addressing and remediating any identified risks.

WORKPLACE SECURITY We are committed to maintaining a workplace that is free from violence, harassment, intimidation and other unsafe or disruptive conditions due to internal and external threats. Security safeguards for employees are provided, as needed, and are maintained with respect for employee privacy and dignity.

WORK HOURS, WAGES AND BENEFITS LIBI works to ensure full compliance with all applicable wage, work hours, overtime and benefits laws.

REPORTING, GRIEVANCES, AND COMPLAINTS LIBI strives to create workplaces in which open and honest communications among all employees are valued and respected. The college is committed to complying with all applicable labor and employment laws. LIBI also ensures employees are aware of their rights through training and development efforts and by making this handbook available electronically and in print to all employees. Any employee who believes a conflict arises between the language of LIBI and the laws, or who has questions about any policy listed in this handbook or made as a supplement to this handbook, or would like to confidentially report a potential violation of any policy, should raise those questions to the Director of Operations and Institutional Effectiveness, the Provost, the Assistant Campus Director, or to the President of the college. No reprisal or retaliatory action will be taken against any employee for raising concerns under this policy. The college will investigate, address and respond to the concerns of employees and will take appropriate corrective action in response to any violation.

Long Island Business Institute | Employee Handbook 2018 - 2020

FEDERAL, STATE, AND LOCAL ANTI-DISCRIMINATION LAWS COVERED IN THIS HANDBOOK THE LONG ISLAND BUSINESS INSTITUTE (LIBI) provides for equal opportunity in employment and prohibits unlawful discrimination and harassment. The applicable laws include:

•

Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination against any person on the basis of race, color, or national origin in programs or activities receiving federal financial assistance.

• Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination against any person because of race, color, religion, sex, pregnancy status or national origin.

• Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex in the conduct or operation of a school’s educational programs or activities, including employment in these programs and activities.

• Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of any person solely on the basis of a disability from participation in or

access to benefits of any federally financed program or activity; it also prohibits discrimination against any person solely on the basis of disability in any federally financed program or activity.

• The Americans with Disabilities Act of 1990 prohibits discrimination in public accommodation and in employment against a qualified person with a disability and requires LIBI to provide qualified applicants and employees with reasonable accommodations.

• The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. • The Equal Pay Act of 1963 prohibits discrimination on the basis of sex in rates of pay. • The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination in employment based on past, current, or future military obligations.

• The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for LIBI to hire any person who is not legally authorized to work in

the United States, and it requires LIBI to verify the employment eligibility of all new employees. IRCA also prohibits discrimination in hiring and discharge based on national origin (as does Title VII) and on citizenship status. IRCA’s anti-discrimination provisions are intended to prevent employers from attempting to comply with the Act’s work authorization requirements by discriminating against foreign-looking or foreign-sounding job applicants.

IRCA’s anti-discrimination provisions apply to smaller employers than those covered by EEOC-enforced laws. IRCA’s citizenship discrimination provisions apply to all employers with at least 4 employees.

• The New York Executive Law, Article 15, Section 296(1), prohibits discrimination against any person in employment because of age, race, creed, •

color, national origin, sexual orientation, military status, sex, disability, genetic predisposition or carrier status, marital status, or arrest record.

The New York Executive Law, Article 15, Section 296(4) prohibits an educational institution from denying the use of its facilities to anyone otherwise qualified or permitting harassment of a student or applicant on the basis of color, race, religion, disability, national origin, sexual orientation, military status, sex, age, and marital status.

• The New York Labor Law, Section 194, prohibits discrimination on the basis of sex in rates of pay. • The New York Education Law, Section 313, as amended, prohibits educational institutions from discriminating against persons seeking admission as students to any institution, program, or course because of race, color, sex, religion, creed, marital status, age, sexual orientation, or national origin.

• The NYC Human Rights Law, Title 8 of the Administrative Code of the City of New York, prohibits discrimination in New York City. Individuals are protected from discrimination in many areas, based on a number of protected classes.

Protected Classes under the Human Rights Law are: Age, Alienage or citizenship status, Color, Disability, Gender (including sexual harassment), Gender Identity, Marital status and partnership status, National origin, Pregnancy, Race, Religion/Creed, Sexual orientation, Status as a Veteran or Active Military Service Member. Additional protections are afforded in employment based on: Arrest or conviction record, Caregiver, Credit history, Unemployment status, Salary History, Status as a victim of domestic violence, stalking, and sex offenses.

• The NYC Commission on Human Rights protects individuals against Retaliation. It is against the Law to retaliate against you because you: - - Opposed a discriminatory practice prohibited by the NYC Human Rights Law. - - Made a charge or filed a complaint with the Commission on Human Rights, or any other agency. assisted, or participated in an investigation, proceeding, or hearing relating to something prohibited by the NYC - - Testified, Human Rights Law.

Individuals wishing to file complaints under any of these laws should consult the websites of the relevant government agencies listed below: New York State Division of Human Rights IRCA is enforced by the U.S. Department of Justice. http://www.dhr.ny.gov/ For information on IRCA’s anti-discrimination provisions, contact: New York City Commission on Human Rights United States Department of Justice Office of Special Counsel http://www.nyc.gov/html/cchr/ for Immigration-Related Unfair Employment Practices  LIBI hotline/voice: 1-800-255-8155 New York State Department of Labor TDD: 1-800-237-2515 http://www.labor.ny.gov/home/ http://www.usdoj.gov/crt/osc U.S. Department of Education, Office for Civil Rights New York Office for Civil Rights U.S. Department of Education  http://www2.ed.gov/about/offices/list/ocr/index.html?src=oc 32 Old Slip, 26th Floor  U.S. Department of Justice, New York, NY 10005-2500 ADA Information and Technical Assistance Telephone: 646-428-3900  / TDD: 800-877-8339  http://www.ada.gov/ Fax: 646-428-3843 Email: OCR.NewYork@ed.gov U.S. Equal Employment Opportunity Commission http://www.eeoc.gov/contact/

----

Employee Handbook 2018 - 2020 | Long Island Business Institute

STATEMENT OF CUSTOMER SERVICE Every employee within each department at LIBI contributes to the achievement of our mission and common institutional goals. Each person contributes to the creation of a positive campus climate by being responsive, respectful, efficient, and consistent.

Customer Service is not a department, it’s an attitude.

The students are our customers and they are among LIBI’s most valuable assets; however, the expectation of good customer service is not isolated solely to the students. Internal customer service is essential to LIBI’s on-going success. Each employee is expected to provide colleagues and other departments within the college with the same level of attentive, courteous, and efficient assistance parallel to external customers.

Every member of the faculty and staff represents LIBI to our customers and to the public. The way we do our jobs on a daily basis presents a lasting image of our entire organization. Customers judge all of us by how they are treated by individual employees. As such, one of our first organizational priorities is to always conduct ourselves in a manner that develops a relationship of trust and respect with all of our internal and external customers. Positive customer interactions not only enhance the public’s perception of LIBI but also contribute to a happier work environment for everyone. The foundation of good customer service is respect and a willingness to learn. Providing good customer service is an ongoing learning process. All LIBI employees are expected to treat each other, our students, and the public with genuine dignity, respect, and courtesy. Respect in Action:

• Listen openly and objectively to the needs of all of your customers. • Respond to your customers in a timely, courteous, and responsible manner. • Provide complete and accurate information each time, every time. If you don’t know the answer, it’s always appropriate to admit that you’re not sure and go find out from a colleague or department who does know!

• Take ownership and utilize all resources available at LIBI to ensure that you have properly assisted your customers.

• Work as a unified team with other departments to provide solutions so that problems are resolved, not pushed aside.

• Always ask what you can do better to improve someone’s experience with your office or department.

• Take responsibility for LIBI’s continuous improvement. Good customer service is not limited to face-to-face interactions. Our manners on the telephone, the written communications we send to our customers (and to each other) are a reflection not only of ourselves but also of the professionalism expected at LIBI. Employees wishing to receive additional training in customer service, telephone skills, or written communications should speak to their immediate supervisors without fear of reprisal. Please remember that ignoring our deficiencies or training needs will not make them go away. LIBI is fully committed to empowering all of its employees through training and development. As such, there is never any reason to provide substandard customer service due to lack of training or knowledge!

Long Island Business Institute | Employee Handbook 2018 - 2020

Employee Handbook 2018 - 2020 | Long Island Business Institute

1. GENERAL INFORMATION 1.1 Welcome to the Long Island Business Institute! It’s our pleasure to welcome you to the Long Island Business Institute, hereinafter referred to as “LIBI” or “the College”. We are a diverse team, dedicated to high standards of excellence and quality in education. We value each one of our employees, and we hope that you find your work here rewarding and satisfying. This section introduces you to our school’s history, purpose, and goals. Please read it carefully so that you can better understand who we are and what we do. We believe we are a special place - made all the more so by the hard work and dedication of our employees.

LIBI cares about both your personal and professional growth. Try to learn one new thing each day; knowledge is limitless.

One of LIBI’s objectives is to provide a work environment that is conducive to both personal and professional growth. You should read, understand, and comply with all provisions of this Handbook.

College Mission: The mission of the Long Island Business Institute is to provide a culturally diverse student body with current and relevant career and technical training that leads to new employment opportunities. LIBI provides a well-rounded educational experience for the development of a broader range of skill sets required to succeed in today’s complex and challenging business environment. LIBI strives to create a positive and empowering learning environment that supports the immediate efforts of our students and lays the foundation for life-long learning.

Our Vision: The vision for LIBI is to be the pathway that connects our graduates to their professional goals. Reaching out to a diverse student population, LIBI will strive to provide support services that help students successfully meet their academic and professional growth goals. The College will integrate general education courses into a career-focused education. Students will receive training that is experientially based and focused on the real world, as well as industry-related training that will meet the needs of employers. Graduates will be ready and motivated to become assets to employers and contributing members of the community. The administration, Faculty, and staff are committed to meeting the following challenges:

• We will educate students from diverse backgrounds. • We will strive to maintain a respectful, responsive, supportive, and inclusive working environment for our Faculty and staff.

• We will strive to maintain a professional, helpful, and supportive environment for our students.

• We will meet the needs of our students in a friendly, timely, and caring manner. • We will foster participation of the students and employees in culturally enriching activities.

Long Island Business Institute | Employee Handbook 2018 - 2020

• We will continue to seek the guidance of the individuals who employ our stu-

dents to update our curriculum in ways that better meet the demands of the marketplace.

• We will develop and implement programs that allow students to become proficient in a specific area.

• We

will hold employees accountable for competently performing their job functions.

• We will create an environment that fosters the spirit of cooperation, innovation, and respect for each other.

• We will provide the resources necessary to meet the needs of Faculty and staff. • We will strive to instill in our graduates the desire for life-long learning. In support of the mission at LIBI, there are two absolute tenets:

1. All LIBI’s employees must strive to ensure the best education for our students. 2. All employees are expected to adhere to the highest standards of ethical behavior when dealing with our students and each other.

Quality, teamwork, honesty, integrity, and diversity are the core values and guiding principles for the Long Island Business Institute.

1.2 Commitment to Equal Employment Opportunity In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the Long Island Business Institute are based on relevant experience, merit, qualifications, and abilities. There are two absolute tenets all employees must agree to abide by: 1. All LIBI’s employees must strive to ensure the best education for our students. 2. All employees are expected to adhere to the highest standards of ethical behavior when dealing with our students and each other.

LIBI does not discriminate against job applicants and employees based on actual or perceived age, alienage or immigration status, arrest or conviction record, caregiver or familial status, color, consumer credit history, salary history, disability, gender, gender identity or expression[1], genetic information or predisposing genetic characteristic, marital or partnership status, national origin, pregnancy, race, religion/creed, sexual orientation, status as a current or former military service member, status as victim or witness of domestic violence, sexual violence, or stalking, unemployment status or any other legally protected status.

All personnel actions taken by the Long Island Business Institute, including but not limited to those relating to recruitment, hiring, work assignments, performance evaluations, promotions, compensation, benefits, transfers, discipline, layoffs, return from layoffs, training, education, and tuition assistance are based on the principle of equal employment opportunity.

1 Refers to a person’s actual or perceived sex --this includes self-image, appearance, behavior or expression, whether or not different from that traditionally associated with the legal sex assigned to the person at birth.

Employee Handbook 2018 - 2020 | Long Island Business Institute

The Long Island Business Institute will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in undue hardship for the college. This policy governs all aspects of employment, including selection, job assignment, compensation, disciplinary action, termination of employment, and access to benefits and training.

1.2.1 Reasonable Accommodations A reasonable accommodation is a change made to the work schedule or duties of an employee to accommodate their specific needs and allow them to do their job. Under the guidelines of the City Human Rights Law, LIBI will provide reasonable accommodations unless doing so would create an undue hardship for the employer, for the following:

• Disability: LIBI will make reasonable accommodations to meet the needs of indi-

viduals who have a physical, medical, mental or psychological impairment, or a history or record of such impairment.

• Pregnancy, childbirth or related medical condition: LIBI will make reasonable ac-

commodations to individuals based on their pregnancy, childbirth, recovery from childbirth, or medical condition related to their pregnancy or childbirth.

• Religious

observance: LIBI will make reasonable accommodations for the religious needs of employees and job applicants, including the observance of the Sabbath and other holy days.

• Status as victim of domestic violence, sexual violence, or stalking: LIBI make rea-

sonable accommodations to the needs of individuals who are or have been subject to certain acts or threats of violence.

LIBI is also committed to protecting individuals who are affected by stereotypes about their ability to work due to their status as a parent or guardian of children. LIBI recognizes “familial status” as a protected category and includes individuals who are pregnant, have a child, or are in the process of securing legal custody of any individual (under the age of eighteen) in this category.

1.2.2 Reporting Employees with questions or concerns about any discriminatory behavior in the workplace are asked to bring these issues or concerns to the attention of their immediate supervisor, the Provost, the Assistant Campus Director, the Director of Operations and Institutional Effectiveness, or to the President of the college. Employees can raise concerns about unlawful discriminatory practices and make reports without fear of reprisal or retaliation. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. To submit a report online, please visit www. libi.edu and click on the Submit Incident Report button. LIBI is committed to investigating and resolving complaints of discrimination aggressively, fairly, and expeditiously. The college aims to create a respectful and productive work environment through education, conciliation, conflict prevention and resolution, and other similar measures that reaffirm LIBI’s commitment to equal opportunity for all employees. If you believe that you have experienced unlawful discrimination and you have in good faith exhausted LIBI’s processes to address and resolve your complaints or grievances, you have a right to file a formal complaint with the federal, state, or local agencies.

1.2.3 Retaliation LIBI does not and will not retaliate against employees because they opposed an unlawful discriminatory practice or made a charge, or if they testified, assisted, or participated in an investigation, proceeding, or hearing. The law protects employees from retaliation a as long as they have a reasonable good faith belief that the employer’s conduct is illegal.

Long Island Business Institute | Employee Handbook 2018 - 2020

1.3 History of LIBI LIBI has been creating success stories for almost half a century!

The Long Island Business Institute began in 1968 as a business school in Commack, Long Island, and was certified as an occupational college in 1995 by the New York State Board of Regents. The Regents authorized LIBI to award the Associate in Occupational Studies (A.O.S.) Degree in Court Reporting under the guidance of the Office of Higher Education of the New York State Education Department (NYSED). Since then, degree programs in Accounting, Business Management, Homeland Security and Security Management, Office Technology with Medical Office Option, and Hospitality Management have been registered with NYSED, along with a diploma program in Office Technology, and Medical Billing and Insurance and certificate programs in Court Reporting, Elder care, Hospitality Management, and English as a Second Language. LIBI is accredited as an occupational degree-granting institution by the Accrediting Council for Independent Colleges and Schools (ACICS), and its Court Reporting program at the Commack campus is approved by the National Court Reporters Association (NCRA). In 2001, LIBI opened a branch campus in Flushing, New York; and in 2008, it was re-designated as the main campus. As of 2015, LIBI Commack has approximately 120 enrolled students and LIBI Flushing has over 758 students. In 2014, LIBI received New York State Education Department’s approval to expand its operations to downtown Manhattan by establishing an Extension Center in Tribeca (LIBI NYC). LIBI NYC is located at 408 Broadway. As of May 2014, LIBI NYC offers Associate in Occupational Studies programs in Accounting, Business Management, and Office Technology, as well as a standalone non-credit ESL Certificate program. The enrollment at LIBI NYC is approximately 700 students. In 2011 LIBI was named an Honor Roll Institution by the Accrediting Council for Independent Colleges and Schools (ACICS) after the 2010 re-affirmation of accreditation visit. As an Honor Roll Institution, LIBI received the distinction of exhibiting a thorough understanding of the Accreditation Criteria and effectively implementing the standards in its daily operations. LIBI was awarded a sixyear grant, the maximum time frame allowed by the Council’s criteria.

1.4 Changes in Policy Since our business is constantly changing, the Long Island Business Institute expressly reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at-will employment as described in this handbook. No oral statements or representations can in any way alter the provisions of this Handbook. Nothing in this Employee Handbook or in any other document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee. For further information see Section 2.1: Employment is At-Will. If you are uncertain about any policy or procedure, please check with your manager, the Office of the President, or the Provost.

1.5 The Purpose of this Handbook We believe that employees are happier and more valuable if they know what they can expect from LIBI and what LIBI expects from them. In the preceding section, we introduced you to LIBI’s history, values, and goals. We expect you to incorporate that information into your day-to-day job performance, striving to meet LIBI’s values in everything you do. This Employee Handbook is designed to summarize certain personnel policies and benefits of the Long Island Business Institute and to acquaint employees with many of the rules concerning employment with the College. While this Handbook describes your principal benefits and obligations, it is impossible for any handbook to cover every situation that may arise in your daily work. If you need further clarification, please speak to your immediate supervisor or to the Director of Operations and Institutional Effectiveness.

Employee Handbook 2018 - 2020 | Long Island Business Institute

This Handbook applies to all employees: faculty, administration and staff, unless otherwise specified. Compliance with the College’s policies is a condition of employment. Faculty members should refer to the latest edition of the Faculty Handbook for further information pertaining to academic policies and procedures. This Handbook supersedes all previous employment policies, written and oral, express and implied. The College reserves the right to modify, rescind, delete, or add to the provisions of this Handbook from time to time in its sole and absolute discretion. This Employee Handbook is not a binding contract between the Long Island Business Institute and its employees, nor is it intended to alter the at-will employment relationship between the Long Island Business Institute and its employees. Employment at the Long Island Business Institute is “at will”, and either LIBI or the employee may at any time terminate the employment relationship with or without cause. The Long Island Business Institute reserves the right to interpret the policies in this Handbook and to deviate from them when, in its discretion, it determines it is appropriate. We are always looking for ways to improve communications with our employees. If you have suggestions for ways to improve this Handbook in particular or employee relations in general, please feel free to communicate with the Office of the President or the Provost.

1.6 Alternative-Dispute-Resolution (“ADR”) Arbitration Policy One of LIBI’s top priorities is to maintain a positive and productive work environment for all employees. Occasionally, however, conflicts or disputes arise that involve claims against the college, its officers, or its board of directors. Some disputes can lead to drawn-out and disruptive activities before a resolution is reached; therefore, LIBI requires arbitration of certain specified employment disputes. To help ensure that disputes are addressed promptly and fairly, LIBI has implemented a dispute resolution policy set forth in this section. All individuals, upon entering into an employment relationship with LIBI, are bound by this policy. Another words, this policy is a condition of new or continued employment for all individuals. It is the intention of this policy to augment and strengthen LIBI’s grievance procedures and to provide employees with a formal neutral third-party mechanism that allows for a redress of any legal complaints, claims, and grievances that have not been resolved internally. This policy commits both LIBI and its employees to a mutual execution of the terms of the Alternative-Dispute Resolution Policy set herein. Through this policy, the college and its employees are bound to follow the procedures as described with respect to any claims the parties have against each other. Employees should seek clarification of this policy from the Director of Operations and Institutional Effectiveness or consult with their own attorneys. Under LIBI’s arbitration policy, employees are expected to exhaust all internal grievance procedures as published in the Employee Handbook before resolving to Alternate-Dispute Resolution (ADR), specifically, arbitration. All qualifying claims will be kept private and confidential by the parties involved and communicated on a need-to-know basis by the college. The parties involved may gather information in support of the effort to resolve the claim within the guidelines of college policies and the law. This provision does not preclude the parties involved from disclosing information as may be required by law, court order or pursuant to a valid subpoena, or to a government agency about a charge or investigation it is conducting. Should an employee-college dispute not be resolved through the internal college grievance channels available at LIBI and published in the Employee Handbook, the parties involved will be subject to third-party mediation and, if not successful, then binding arbitration. If the dispute or grievance is not resolved through the procedures referenced, above, either the employee or the college may initiate an arbitration through the then applicable American Arbitration Association’s (“AAA”) Employment Arbitration Rules and Mediation Procedures.

Mediation is generally conducted with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the dispute.

Arbitration shall be delayed until the internal grievance processes have been exhausted.

1.6.1 Arbitration LIBI has adopted the following arbitration policy. It is effective as of January 2, 2018. Continuing to work after that date will signify an employee’s acceptance of and agreement to this policy. Any controversy or claim made on or after January 2, 2018 arising out of or relating to Long Island Business Institute | Employee Handbook 2018 - 2020

This section should be read very carefully as it explains that arbitration is the exclusive remedy for all disputes arising out of or related to your employment with LIBI. This means that you agree to waive all rights to a civil court action regarding your employment and the termination of your employment with LIBI; only the arbitrator, and not a judge nor a jury, will decide the dispute.

an employee’s employment, termination of employment, employee benefits, or employment agreement, including but not limited to any controversy or claim arising out of or relating to 42 USC Sec.1981; 42 USC Sec.1981A; Title VII of the Civil Rights Act of 1964; 42 USC 2000e et seq.; Americans with Disabilities Act; Age Discrimination in Employment Act; Older Workers Benefit Protection Act; Family and Medical Leave Act; Employee Retirement Income Security Act; Equal Pay Act; Occupational Safety and Health Act; Environmental Protection Act; Fair Labor Standards Act; state constitution; state labor code; (state) Commission on Human Rights; state Workers’ Compensation Act; any amendments to any of the foregoing; the common-law; equity; any tort; or any other federal, state, or local law shall be settled by binding arbitration in accordance with the then-current Resolution of Employment Dispute Rules (collectively the “Rules”) of the American Arbitration Association (AAA) (or any successor rules), which are hereby incorporated by this reference and administered by the AAA. LIBI will bear all administrative costs (i.e., AAA filing fees, AAA deposits, arbitrators’ fees, and charges for the facility for the arbitration, but not the employee’s attorneys’ fees, accountants’ fees, experts’ fees, travel, lodging, preliminary discovery, photocopies, telephone costs, and similar expenses of the dispute procedure) of an arbitration in accordance with the AAA rules, provided, however, that the arbitrator shall have the power to apportion among the parties expenses such as prehearing discovery, travel, experts’ fees, accountants’ fees, and attorneys’ fees except as may otherwise be provided by law. The decision of the arbitrator shall be final and binding on all parties, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The employee and the college acknowledge that by agreeing to use arbitration, they are waiving the right to a jury trial for any claim covered by this arbitration agreement. The arbitration will take place at a neutral location within New York County or Queens county, depending on the campus location of the claim. The arbitrator will be selected by both parties from the members of the commercial panel of the AAA who reside in the New York metropolitan area. The arbitrator shall apply New York state and federal law, as the case may be, to the claim or controversy and the Federal Arbitration Act to the interpretation, enforcement, and proceedings under this arbitration provision. If there is a dispute as to whether a claim is subject to arbitration, the arbitrator will decide such issue. The claim and any counterclaim must be filed with the AAA within the applicable statute of limitations. If not timely filed, the claim and any counterclaim shall be deemed waived. This arbitration policy and agreement does not create any employment contract for a specified term. Employees may terminate their employment at any time with or without cause, and the college retains the same right.

If you want to be involved in creating policies, consider joining a committee.

1.7 College Governance The President and senior administration encourages an honest exchange of ideas from faculty and staff and realize they are an important part of the LIBI community. There are regularly scheduled committee meetings to achieve this exchange. In general the standing members are appointed every two (2) years. The committees are as follows: Admissions Committee (Commack Only) The Admissions Committee is comprised of court reporting Faculty members who are seasoned court reporters. As the need arises, the Committee will meet with select candidates for the program to ensure that there are no obstacles preventing them from successfully completing the program. They will further explain the discipline needed to complete the academic courses as well as the amount of time that must be dedicated to the practice of machine shorthand. The Committee is charged with identifying future academic course of actions, advisement, or retesting if necessary.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Advisory Committee for Campus Security In compliance with the legal requirements of Article 129-A of NYS Education Law §6431 (Regulation of Conduct on Campus and Other College Property Used for Educational Purposes), the President of LIBI has established the Advisory Committee for Campus Security. The Committee is responsible for the gathering of information regarding safety needs, discussion of potential solutions and creation of appropriate responses and initiatives aimed at addressing the College community’s safety concerns. This Committee reviews existing safety and security policies and works with the President of the College to amend them as necessary. It is the primary responsibility of this Committee to help perform identified requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This committee is charged with planning, organizing, and carrying out LIBI’s Annual Timely Warning drill. Select members of this Committee analyze the results of the drill and write a self-assessment of the simulation for publication and distribution to the rest of the LIBI community. Pursuant to §6432 of Article 129-A of NYS Education Law, members of this Committee plan and organize programs aimed at educating the LIBI community about sexual assault, personal safety, and crime prevention. Sexual assault, domestic violence, and stalking prevention measures are presented to the College community through programs such as: workshops, seminars, discussion groups, and film presentations. All of these initiatives aim to disseminate information, promote discussion, encourage reporting, and facilitate prevention of sexual assault, domestic violence and stalking. The members of this Committee also help shape policies relating to the reporting of sexual assaults, domestic violence and stalking incidents, and assisting victims during investigations. The Committee is comprised of members of the Faculty, staff, students, and individuals appointed by the President of the College. The composition of the Committee complies with the requirements of Article 129-A of NYS Education Law §6431 (i.e., half of the Committee members are female, students comprise one-third of the Committee, one-third are Faculty, and one-third are appointed to serve on the committee by the President of the College). To better address the safety concerns and needs of each geographic area, each LIBI location has a separate Safety Committee. Catalog Review Committee (CRC) The Catalog Review Committee is the vehicle by which LIBI ensures that the LIBI catalog, which is a contract between the student and the College, reflects all policies, procedures, requirements, and services of the College. The task of the Committee is to ensure that the catalog not only accurately reflects all the information but that it is current and up to date. The Committee works hand-in-hand with other LIBI committees to ensure all approved changes are shared and incorporated into the LIBI catalog. It is the Committee’s responsibility to maintain the LIBI Faculty and staff listings which accurately depict all credentials. The Chair of this Committee requests feedback from departments not represented at the CRC meetings to further ensure updated data in all areas of the catalog. The CRC produces a catalog published at the same given date each year. Changes that come about between publication dates are attached as addendums. In rare cases, usually in response to regulatory changes, the committee may compile an updated interim catalog between annual publications. In such cases, LIBI will appropriately notify all enrolled students either through the Academic Advising office or the Registrar. The CRC is comprised of members representing administration, faculty, and staff at the three LIBI locations. Any suggestions for improvements or changes should be directed to the Committee Long Island Business Institute | Employee Handbook 2018 - 2020

chair for presentation at the next meeting. Committee for Academic Standards Exceptions (CASE) (Formerly Exceptions Committee)

This Committee considers student cases that fall outside the policies and process of LIBI. The Committee hears student appeals with mitigating circumstances. The Committee will only consider petitions for waiver of LIBIâ&#x20AC;&#x2122;s requirements if the situation is clearly exceptional and involves extenuating circumstances. The Provost chairs this Committee. Members include representatives from the academic departments, advising, registrar and financial aid. Members of the admissions department may not hold permanent appointment on this committee, although they may be asked by the Provost to render a professional opinion in cases where that may be warranted. Curriculum Standards Committee (CSC) All of LIBIâ&#x20AC;&#x2122;s Faculty members are encouraged to contribute to the efforts of the Curriculum Standards Committee (CSC). This Committee has immediate oversight of the content of the educational programs of the College. The CSC considers departmental curricula and the organization of general education at the College. More particularly, the Committee approves new courses and course revisions recommended by the academic departments and authorizes the deletion of courses. In addition, the CSC approves changes in requirements and sequences within major fields and concentrations. The CSC also maintains a continuing review of the requirements for graduation and makes recommendations of any changes to the President of the College and is also charged with the task of monitoring educational effectiveness of the curriculum and to recommend for its improvement. The Committee is chaired by senior members of the Faculty. The Chair serves for two (2) consecutive calendar years. The Chair has the responsibility for all administrative functions pertaining to the Committee. All Curriculum Standards Committee meetings are preset and occur once per month at the main campus. Each academic division may have several faculty member representatives who sit on the Committee, however; only one of the members has voting privileges. The individual divisions choose the voting member. Commack Curriculum Standards Subcommittee In August of 2011 the Commack Curriculum Standards Subcommittee was formed. This Committee has the immediate oversight of the content of the curricula for the two Court Reporting Programs which are only offered at the Commack campus. The Committee approves new courses and course revisions recommended by the court reporting Faculty. The Committee also ensures that the course offerings are current and up to date for both the Associate degree program and the Certificate program. The Committee is chaired by a full-time court reporting instructor. The Chair is responsible for all administrative functions pertaining to the Committee. Full-time and part-time Faculty have voting privileges. The Committee meets once per month at the Commack campus and twice annually with the Curriculum Standards Committee at the Flushing campus. Employee Handbook Committee LIBI strives to keep all employees informed about any policy changes. This Committee ensures that all changes to college policies are communicated to the community in a formal and timely manner. The Committee includes administrative staff from both campuses and the President of the College. All suggestions and comments regarding the Handbook should be communicated to 14

Employee Handbook 2018 - 2020 | Long Island Business Institute

the Director of Operations and Institutional Effectiveness for inclusion in the agenda for the upcoming meeting. The Employee Handbook Committee may refer suggestions involving policies as they relate to matters of the Faculty to the Faculty Governance Committee for deliberation or vote before acting on the suggestion. Faculty Governance Council (FGC)

(Formerly Academic Standards Advisory Committee, renamed Faculty Governance Committee June 2011 by Faculty vote. Renamed again on September 2015 Faculty Governance Council by faculty vote) This committee can be emailed directly at fgc@libi.edu. This is a group email; therefore, all members of the FGC will receive the message. The FGC encourages faculty and staff to bring up issues of importance involving faculty matters to the Council as soon as feasible in person or by email.

Because the Faculty Governance Committee replaced the Academic Standards Advisory Committee in June of 2011, employees may find references to both Committee names in this Handbook. The members of the FGC further felt that the committee’s work extended well beyond the scope of a committee and motioned to change the name to Faculty Governance Council (acronym remaining the same) in September of 2015.

The FGC is the primary body that establishes the requirements for earning degrees and certificates and adjudicates cases involving transgressions necessitating degree revocations.

LIBI strives to create an environment that encourages cooperation and fosters a positive and collegial platform for discourse between Faculty of the college and the Administrative body. In order to ensure that the college is meeting its stated mission, it is essential to encourage active Faculty engagement, consultation, and participation in the governance process. By making Faculty perspectives and expertise an integral part of the college’s governance, LIBI thus aims to establish shared governance at the college. The formal mechanism to achieve this goal is the work done by the Faculty Governance Council. Members of this group make recommendations regarding all aspects of Faculty governance to the President of the College. The members are further responsible for reviewing administrative recommendations relating to all academic matters and for formally providing feedback to the faculty at large. The Council’s objective is to preserve Faculty autonomy over academic freedom and other traditional academic matters such as curriculum, student academic standards, student and faculty code of ethics and conduct, as well as financial exigency of academic programs, as necessary or appropriate. The FGC is the primary body that establishes the requirements for earning degrees and certificates and adjudicates cases involving transgressions necessitating degree revocations. When necessary, or when disputes occur in the Curriculum Standards Committee, the FGC will deliberate and recommend to the Provost and the President what they feel is the best solution to the curriculum, subject matter, methods of instruction, or other academic standards or processes dispute. The FGC reviews and proposes changes to the Faculty portion of the Employee Handbook. Members of the Council are additionally charged with ensuring that the Handbook amendment procedures are followed and carried out faithfully (please refer to the Amendment Procedure Policy in the Faculty Handbook for a detailed explanation). Additionally, the FGC serves as the forum for considering allegations of unprofessional behavior made about any member of the LIBI Faculty. Meetings and voting are conducted according to the Council’s by-laws. A list of members, by-laws, and minutes can be obtained from the Provost or from the Chairperson of the FGC. Institutional Assessment Committee The Committee’s role is to establish opportunities for continuous improvement throughout the institution, specifically in educational programs and processes. In addition, the Committee’s charge is to measure current internal effectiveness, assess progress and identify opportunities for improvement as well as communicate out-

Long Island Business Institute | Employee Handbook 2018 - 2020

comes. All three LIBI locations have independent Campus Effectiveness Plan teams; however, all teams address the five elements as required by the Accrediting Council for Independent Colleges and Schools (ACICS): retention, placement, graduate satisfaction, employer satisfaction, and student learning outcomes. The CEP is kept at the library of each campus. All employees are highly encouraged to familiarize themselves with the College’s goals as outlined in the CEP. Student Conduct Committee (one at each campus) The members of this Committee hear cases of reported student misconduct and determine the application of the College’s policies to specific cases. The Committee’s jurisdiction extends to the interpretation and application of existing rules and regulations governing students’ conduct. It does not include any right or responsibility with respect to the making of rules or regulations. The Committee assesses reported violations, determines if a breach of any policies has occurred and, when necessary, recommends appropriate penalties. Because some violations of LIBI’s Student Code of Conduct may also be violations of state or federal law, students may be accountable to law enforcement authorities and to LIBI for their actions. Disciplinary action at LIBI will normally proceed regardless of external civil or criminal proceedings. Any member of the faculty, staff, and administration may serve on this committee after completing Student Conduct Training. To achieve timely resolution of all allegations of student misconduct in accordance with the larger mission of the college, this committee requires some flexibility with time and availability since certain cases may need to be adjudicated during specially scheduled sessions. Those interested in joining this committee should contact the Director of Operations and Institutional Effectiveness. The Presidential Advisory Committee The Presidential Advisory Committee was established to help foster a free, open, and frequent dialogue between the President of the College and the LIBI community at large. Along with the Faculty Governance Committee, the Presidential Advisory Committee is an important part of shared governance at LIBI. Members are expected to make a significant time commitment to this Committee and to maintain regular attendance at the monthly meetings. The Committee members meet with the President of the College twelve times per calendar year to work with the President to shape the direction of the College. The members of this Committee provide input concerning educational programs, events, student opportunities, facilities, and operations. Each academic and administrative department at LIBI is invited to designate one person to represent their department on this Committee. It is the responsibility of that delegate to function as a liaison between his/her department and the Committee, to voice the concerns of their department and to report back on the resolutions reached by the Committee. All department delegates must be able to commit a full year of service to the Committee. Staff members not holding the rank of Manager, Director, or Dean are strongly encouraged to join this Committee. Terms of service on this Committee begin each January. If a department delegate is unable to serve the entire term due to extenuating circumstances, the President, in conference with the highest ranking member of the given department, will appoint a qualified replacement to serve out the end of the initial term. Employees interested in joining this committee should speak to their immediate supervisor no later than October. All appointments for the upcoming year will be made and announced in early November. Professional Development Committee Long Island Business Institute is committed to the professional growth of its Faculty. By establishing the Professional Development Committee, LIBI seeks to provide its professors with an effective and engaging professional curriculum for all faculty.

Employee Handbook 2018 - 2020 | Long Island Business Institute

This Committee is designed to provide internal and external training, seminars, mentoring and assessments based on pedagogy and content areas. Ultimately, the Professional Development Committee’s goal is to assist our Faculty with their commitment to lifelong learning to improve teaching and student learning and success. Currently, the Professional Development Committee consists of Faculty members from each academic department at the Flushing campus, a chair and a chair elect. The

LIBI is committed to providing all the necessary tools to improve and to acquire new teaching techniques to its Faculty.

Chair and chair elect serve for a two-year term. Each year the Committee develops a twelve-month calendar for workshops, seminars, webinars, and guest speakers. In addition, the Committee works on the Annual Faculty Convocation. Every LIBI Faculty member has a standing invitation to attend the meetings and contribute their ideas and suggestions. Student Retention Task Force

(Formerly Faculty Committee on Student Retention)

This Committee is tasked with serving as a resource in developing campus-wide involvement and awareness of student success and retention. This Committee serves as a forum for exchange of ideas and information between the President of the College, the Provost, Deans and the Faculty. The Committee reviews official data provided by LIBI regarding baseline retention, student completion, course failures, transfer rates and reasons. The goal of this Committee is to examine, discuss, and propose successful programs, services, and activities that improve the retention of students. The members of this Committee are expected to solicit feedback from Faculty and staff for discussion during committee sessions. Members consist of: Provost and Faculty delegates from each academic department at the Flushing campus and NYC Extension Center. To ensure continuity of effort members must commit to serve at least one one-year term. Only members of the Faculty are eligible to serve as chair of this Committee. The chair may not serve more than three consecutive two-year terms. Other Standing Committees: Academic Integrity Committee, Drug and Alcohol Awareness Committee, “I Commit to Complete” Committee. Any employee interested in joining any of the standing committees listed should contact the Director of Operations and Institutional Effectiveness.

1.8 LIBI Committee Procedures Each LIBI committee is responsible for selecting its own chairperson and drafting its bylaws consistent in spirit with the policies of the college at large. Each committee may define its operating procedures as necessitated by differences in committee size and by their function. Minutes of meetings should be recorded and made available to all Faculty and staff members wishing to review the committee’s proceedings. When considering changes to College policies, each committee should take into consideration department procedures and criteria, all recommendations forwarded from the appropriate departments, and any appeals made by individual Faculty or staff in those areas. Each committee makes and reports its recommendations to the President of the College for consideration and final approval.

Long Island Business Institute | Employee Handbook 2018 - 2020

2. EMPLOYMENT RELATIONSHIP 2.1 Employment Is At-Will The At-Will Employment Policy (Section 2.1) is the only policy in this handbook that cannot be modified. (See Section 1.4.)

We are happy to welcome you to the Long Island Business Institute. We sincerely hope that your employment here will be a positive and rewarding experience. However, we cannot make any guarantees about your continued employment at LIBI. LIBI and its employees share a working relationship defined as employment at-will. Simply stated, employment at-will means that in the absence of a specific written agreement, you are free to resign at any time, for any reason, just as we are free to terminate your employment at any time, for any reason, with or without notice, with or without cause.

Nothing in this Handbook will limit the right of either party to terminate an at-will employment. No section of this Handbook is meant to be construed, nor should be construed, as establishing anything other than an employment-at-will relationship. This Handbook does not limit management’s discretion to make personnel decisions such as reassignment, change of wages and benefits, demotion, etc. If you wish to resign, you are requested to notify your manager in writing of your anticipated resignation date at least two weeks in advance. An exit interview between you and a LIBI representative will take place prior to your last day of work. Office keys, college equipment, and school ID must be returned during this exit interview. No LIBI employee, other than the President, has the authority to change the at-will employment relationship or to contract with any employee for different terms of employment. Furthermore, the President may change the at-will employment relationship only in a written contract, signed by the President and the employee. Nothing in this Handbook constitutes a contract or promise of continued employment.

2.2 New Employee Probationary Period During the probationary period, the supervisor appraises the new employee’s:

• Quality of work • Work habits • Ability to learn and perform job duties • Cooperation • Productivity • Attendance and punctuality • Other expectations specific to the employee’s job functions

LIBI’s prerogatives include the right to fix the days and hours when its campuses will open and close, the days and hours when its employees shall start and stop work, the right to transfer employees from one campus to another and to interchange employees within any department in which they are qualified to work in, and the right to discharge any employee with or without cause. Probationary employees may be disciplined, laid off, or discharged at the discretion of the college. A newly hired or rehired employee shall be considered an employee on probation for a period of the first one hundred and twenty (120) calendar days following the initial date of employment. The first 120 days of employment serve as an introductory period and are intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance in their new position. During this time, your supervisor will work with you to help you learn how to do your job successfully and what LIBI expects of you. This period also provides both you and LIBI with an opportunity to decide whether you are suited for the position for which you were hired. When your employment begins, you will meet with the Director of Operations and Institutional Effectiveness, who will explain our benefits and payroll procedures and assist you in completing your

Employee Handbook 2018 - 2020 | Long Island Business Institute

employment paperwork. You will also meet with your supervisor to go over your job goals and performance requirements. During the probationary period, your supervisor will give you feedback on your performance and will be available to answer any questions you might have. Employees hired as full-time (salaried and paid hourly) become eligible for medical benefits in accordance with the Affordable Care Act (ACA), more commonly referred to as Obamacare. During this probation period, however, you will not be paid for any holidays, sick days, or other time off. You will, however, begin to accrue vacation and sick time from the first day of hire. You will be able to use your accrued time once you successfully complete your probationary period. Although we hope that you will be successful here, the Long Island Business Institute may terminate your employment at any time, either during the probationary period or afterwards, with or without notice, with or without cause. You are also free to resign at any time and for any reason, either during the probation period or anytime after the probationary period is over. Successful completion of your probation period does not guarantee you a job for any period of time or in any way change the at-will employment relationship. Your probation period may be extended if your immediate supervisor decides that such an extension is appropriate. You will be made aware verbally and in writing of the extension before your original probation period is over. All new and rehired employees work on a probationary basis for the first 120 days after their hire date. All LIBI employees who are transferred or promoted must complete a secondary probation period of 120 days. During the secondary probation period, employees who have been promoted or transferred can be removed from their new position on the recommendation of their immediate supervisor. If this occurs, the employee may be allowed to return to his/her former position provided that it has not been filled and that LIBI still needs that position. Medical benefits eligibility are not lost or changed during the secondary probation period. LIBI relies upon the accuracy of information provided in the hiring process. Any applicant who falsifies or omits information during the interview process will be excluded from the selection process. Should the discovery of falsification be discovered after the person is hired, that person’s employment at LIBI will be terminated. Upon successfully completing the probationary period, new employees will receive a performance evaluation from their immediate supervisor. At that time, should the performance evaluation require it, the employee will also receive further office skills training coordinated by the Director of Operations and Institutional Effectiveness (topics may include: time management, customer service skills, telephone courtesy, etc.).

2.3 Employee Status Classification Every employee is assigned an employment status classification: full-time staff, part-time staff, fulltime Faculty, adjunct Faculty. Employees whose jobs are governed by the FLSA (Federal Labor Standards Act) are either “exempt” or “non-exempt.” Non-exempt employees are entitled to overtime pay. Exempt employees are not. The following terms are used to describe employees and their employment status:

If you are unsure about your employee status, see or contact the Director of Operations and Institutional Effectiveness.

Exempt Employees Employees whose positions meet specific tests established by the Federal Labor Standards Act (“FLSA”) and New York state law. In general, exempt employees are those engaged in executive, managerial, high-level administrative and professional jobs who are paid a set salary and perform certain duties. In addition, certain computer professionals are exempt. Exempt employees are not subject to the minimum wage and overtime laws. To be exempt an employee must (a) be paid at least $50,700 per year ($975 per week) on and after December

Long Island Business Institute | Employee Handbook 2018 - 2020

31, 2017 and $1,125 per week ($58,500)[1] on and after December 31, 2018, and (b) be paid on a salary basis, and also (c) perform exempt job duties. If you are unsure about your employee status, see or contact the Director of Operations and Institutional Effectiveness. By the nature of the classification, an exempt employee is considered to be available for work assignments without additional remuneration. The salary of exempt employees covers all hours worked each week, and the usual schedule is based on the minimum expected hours. Additionally, a prospective reduction in the predetermined salary amount to not less than the applicable minimum salary due to a reduction in the employee’s normal scheduled workweek is permissible. For example, a 20 percent reduction in an exempt employee’s salary while assigned to work a normally scheduled four- day reduced workweek due to the financial exigencies of LIBI or to avoid layoffs would not violate FLSA regulations as long as the reduced predetermined salary amount is at the rate that is not less than the applicable minimum salary of $975 per week on and after December 31, 2017 and $1,125 per week on and after December 31, 2018, and for Nassau and Suffolk employees $825.00 per week on and after December 31, 2017; $900 per week on and after December 31, 2018; $975 per week on and after December 31, 2019.

IMPERMISSIBLE PAY DOCKING In order for an employee to qualify as exempt, the employee must receive a predetermined wage each pay period. The law prohibits employers from docking the pay of an exempt employee because of the "quality or quantity" of the work. This means that an exempt employee must receive a full weekly salary when any work is performed during the week (the number of hours or days worked is immaterial) and when work is unavailable but the employee is ready, available, and able to work. In general, exempt employees are entitled to the same salary every pay period, no matter how many hours the employee worked. However, there are 7 situations in which LIBI may take money out of your salary without violating the law: 1. If you are absent for personal reasons for one or more full days (not including sickness or  disability); 2. If you are absent due to sickness or disability for one or more full days (deduction must be made in accordance with a plan, policy, or practice of providing compensation for salary lost because of illness); 3. To offset what you are paid for jury duty, witness fees, or for military pay; 4. If you violate major safety rules, you may be penalized; 5. If you violate written company conduct rules, if you are suspended for at least one full day, you may be suspended without pay; 6. LIBI does not have to pay you for time not worked in your first or last week of employment; or 7. If you take partial days, full days, or weeks off under the Family and Medical Leave Act. An exempt employee may receive additional compensation beyond the minimum required salary without violating the salary basis rule.

1 Pursuant to the NY DOL’s Wage Order, the minimum salary level for the executive exemption and the administrative exemption applying to employers in Nassau, Suffolk and Westchester Counties will increase to: $825.00 per week on and after December 31, 2017; $900 per week ($46,800 per year) on and after December 31, 2018; $975 per week ($50,700 per year) on and after December 31, 2019; $1,050 per week ($54,600 per year) on and after December 31, 2020.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Administrative and Executive Staff The State Department of Labor’s Wage Order provides that the minimum salary level for the executive exemption and the administrative exemption (from overtime requirements) applying to employers in New York City with eleven or more employees will increase to: $975 per week ($50,700 per year) on and after December 31, 2017; and $1,125 per week ($58,500 per year) on and after December 31, 2018. In New York, a bona fide executive employee, within the meaning of the exemption from overtime pay, is any employee who is paid for his/her services at the above-stated, minimum salary level on a salary basis and:

• Whose primary duty is management of the organization or of a customarily recognized department or subdivision; and

• Who customarily and regularly directs the work of two or more other employees; and

• Who has the authority to hire or fire other employees or whose suggestions and

recommendations as to the hiring, firing, advancement, promotion or other change of status of other employees are given particular weight; and

• Who customarily and regularly exercises discretionary powers. Whereas, a bona fide administrative employee, within the meaning of the exemption from overtime pay, is any employee who is paid for his/her services at the above-listed, minimum salary level on a salary basis and:

• Whose primary duty is the performance of office or non-manual field work directly related to the management policies or general operations of the college; and

• Who customarily and regularly exercises discretion and independent judgment; and • Who regularly and directly assists the college, or an employee employed in a bona fide executive or administrative capacity (for example, employment as an administrative assistant); or who performs, under only general supervision, work along specialized or technical lines requiring special training, experience or knowledge.

White Collar Exemptions under the FLSA Academic administrative personnel that help run higher education institutions and interact with students outside the classroom, such as department heads, academic counselors and advisors, intervention specialists, and others with similar responsibilities, are subject to a special alternative salary level that does not apply to white collar employees outside of higher education. These academic administrative personnel are exempt from the FLSA’s minimum wage and overtime requirements if they are paid at least the entrance salary for teachers at their institution. Which positions are included in the exemption? Department heads in institutions of higher education responsible for the administration of the mathematics department, the English department, the foreign language department, etc.; academic counselors who perform work such as administering school testing programs, assisting students with academic problems and advising students concerning degree requirements; and other employees with similar responsibilities. Non-exempt Employees Employees whose positions do not meet specific tests established by the FLSA and New York state law. All employees who are covered by the federal or state minimum wage and overtime laws are considered non-exempt. Employees working in non-exempt jobs are entitled to be paid at least the minimum wage per hour and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, or any amount higher than the agreed rate, is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday. Also see Section 6.4: Policy on Overtime. Long Island Business Institute | Employee Handbook 2018 - 2020

Full-Time Employees Individuals who are not “temporary employees”, “independent contractors”, “consultants” or “freelance workers” and who are regularly scheduled to work 40 hours per work week (not including meal hours). Full-time employees generally receive a salary, or base pay. With some exceptions, the base pay of “a salary basis” employee may not be reduced based on the “quality or quantity” of work performed (provided that the employee does “some” work in the work period). This usually means that the base pay of “a salary basis” employee may not be reduced if s/he performs less work than normal, if the reason for that is determined by LIBI. A “salary basis” employee’s base pay will not be reduced for partial day absences. However, LIBI may “dock” the base pay of “salary basis” employees in full day increments, for disciplinary suspensions, or for personal leave, or for sickness under a bona de sick leave policy (as for example if the employee has run out of accrued sick leave). Under FLSA, LIBI is also permitted to make deductions from salaried employee’s pay to offset amounts employees receive as jury or witness fees, or for military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Part-Time Employees Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work less than 40 hours per work week. employers must pay an employee the applicable rate based on where the employee works, not based on where the employer’s main office is located. Part-time Exempt Employees Employees can be reclassified as part-time exempt and the salary can be reduced if the position still meets all the conditions for the particular exemption, including the minimum weekly salary for the exemption. In such cases, a one-time reduction in weekly salary that is made upon the conversion to part-time status will be made. The part-time exempt employee will still receive the full weekly salary (now adjusted for part-time status) not subject to reductions because of the quantity or quality of the work. In other words, the part-time exempt employee’s will not fluctuate from week to week. The FLSA allows reductions in employees’ salaries as long as the reductions are not designed to circumvent the salary basis requirement. When an employee is paid less than the minimum salary requirement, his or her position does not meet the FLSA white collar exemption requirements. In such a case, the employee would be reclassified as a non-exempt employee and will be paid on an hourly basis. Temporary Employees Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project. Employment assignments in this category are of limited duration and the temporary employee can be let go before the end of the originally projected or anticipated period. Short term assignments generally are periods of three (3) months or less, however, such assignments may be extended. All Temporary employees are at-will regardless of the anticipated duration of the assignment (see Employment-at-Will Policy). Temporary employees retain that status unless and until notified in writing of a change. Independent Contractor LIBI considers an individual is an independent contractor when LIBI has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax. Individuals are an independent contractor, if they are self-employed. LIBI considers all information that provides evidence of the degree of control and independence the individual has, including behavioral and financial aspects of the relationship, before classifying that person as an independent contractor. Questions regarding the classification as independent contractor should be addressed to the Director of Operations and Institutional Effectiveness. 22

Employee Handbook 2018 - 2020 | Long Island Business Institute

Freelance Worker Under the “Freelance Isn’t Free Act,” a “freelance worker” is defined as “any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor…to provide services in exchange for compensation. All contracts with freelance workers that have a value of $800 or more will be in writing. The written contract should include the following information:

• The names and mailing addresses of both the college and the freelance worker; • An “itemization of all services” being provided by the freelance worker; • The value of the services being provided by the freelance worker and the rate and method of payment of the freelance worker; and

• The date by which payment is due (or the process by which the payment date will be determined).

LIBI and the freelance worker will agree on the mechanism to determine completion before the freelancer begins work. This will allow LIBI to ensure its freelance workers are paid without delay and in accordance with the terms agreed upon in the contract. In accordance with the law, LIBI will not wait to pay the freelance worker beyond what is permissible by law. Freelance work will paid no later than within 30 days of the completion of services. A freelance worker will never be required to accept less than the contracted amount as a condition of timely payment. Any freelance worker seeking to enforce his/her rights under the law are protected from retaliation. LIBI will not make any provisions in an agreement that attempt to waive a freelance worker’s rights under the law. Regardless of the employee’s status, the employee is employed at-will and the employment relationship can be terminated by LIBI or the employee at any time, with or without cause and with or without notice once financial obligations no longer exist.

2.4 Job Functions 2.4.1 Faculty of Instruction Members of the teaching staff: LIBI employs full-time faculty and part-time faculty. Parttime faculty are classified as adjunct. All faculty members report directly to the Provost (Flushing campus and NYC location), and the Assistant Campus Director (Commack campus). Faculty are employees with a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge. Faculty positions are classified as exempt employees under FLSA. The responsibility for the recruitment and screening of all applicants for teaching positions rests with the Provost and the appropriate academic supervisors. The Provost is responsible for verifying and approving faculty credentials for all applicants seeking teaching positions at LIBI. To be eligible for appointment as a member of the faculty, an applicant must satisfy the following minimum requirements: Faculty members teaching within the major content areas (non-general education courses) must demonstrate competency through formal education appropriate to the courses they are teaching at LIBI. Usually the competency is established by providing the Provost with official (non-student issued) copies of the undergraduate and graduate degree transcripts. In some cases the Provost may accept college degree equivalents which demonstrate competency in the subject matter. These equivalents include appropriate licensure or certification in the area of instruction. LIBI’s mission as a career college is to prepare the graduates to enter jobs in the fields they have studied. For this reason LIBI also looks to recruit faculty members with practical

Long Island Business Institute | Employee Handbook 2018 - 2020

experience (other than teaching) in the appropriate specializations. The Provost determines eligibility to teach specialized courses by reviewing faculty full-time employment in the career area or a related filed. Faculty members selected to teach in the general studies curriculum must possess a master’s degree in the subject area. For more information please see the Faculty Handbook, or speak to your Academic Department Head or the Provost. Faculty members are expected to participate in the life of the College outside of their classrooms. Such participation may include but is not limited to the following: Serving on College committees; Participating and contributing to the writing and development of the curriculum (authoring new courses or amending existing courses); Actively participating in the community through regular attendance and contribution at the Faculty and departmental meetings; Fulfilling special assignments that ensure LIBI’s compliance with regulatory requirements or adherence to accreditation criteria; Attending functions hosted by other departments; Attending commencement exercises; Serving as Faculty Advisor to students on Academic Warning; Representing the Faculty at on and off-campus receptions, information sessions for prospective applicants, graduate receptions, and new student orientations; Serving as Faculty Mentors to junior or newly hired Faculty.

2.4.2 Executive Staff President The President of LIBI is the Chief Executive Officer of the College and exercises such executive powers as necessary for the proper functioning of the College. The President is the primary spokesperson for the college to the news media, all educational agencies (such as accrediting bodies, state and federal regulatory bodies), and the general public. The President administers the policies that govern the college, speaks for the college as its official head, and coordinates all activities of each campus directly or through suitably selected designees. The President conveys the issues relating to the operation of the college and the students to the Faculty and the staff as they arise, proposes new or alternative directions for the college, and recommends new policies in response to regulatory changes. The President directs, coordinates and implements the planning, development, and assessment of all activities of the college and is directly responsible to the owners of the LIBI Corporation for its operation. The President is assisted in directing the affairs of LIBI by the Provost, the Assistant Campus Director, the Director of Operations and Institutional Effectiveness, Academic Directors, and Department Managers. Provost The Provost is responsible for all of LIBI’s major academic endeavors that comprise the supervision of all academic departments and the Faculty at the Flushing campus and the NYC Extension Center. The Provost is entrusted with overseeing all academic programs and curriculum development to ensure that LIBI remains current and viable in the educational community, and leads college efforts to promote and sustain a rigorous, compassionate, and learning-centered environment that supports student success. The Provost oversees the development and implementation of academic strategic planning at LIBI, and provides academic input to institutional enrollment management efforts. The position holds main responsibility for the maintenance of academic standards set by LIBI and by appropriate regulatory and accrediting bodies. The position is also responsible for an extensive academic budget, and works closely with the President, the Faculty Governance mechanisms, other academic leaders, and Directors on establishing academic policies and procedures. The Provost hires and monitors new Faculty and leads professional development initiatives for the Flushing Campus Faculty and for those teaching at LIBI NYC. The Provost evaluates the Faculty in cooperation with the appropriate academic department leaders and makes decisions regarding Faculty course schedules and promotions.

Employee Handbook 2018 - 2020 | Long Island Business Institute

The Provost works to achieve the goals of the College within the framework of shared Faculty governance. The Provost is second-in- command in line of authority in absence of the President. In the President’s absence, whereby the President is not available or off campus, the Provost is responsible for operations and emergencies. The Provost has signature and decision-making authority in the President’s absence. Assistant Campus Director The Assistant Campus Director is responsible for coordinating and managing the day-today operations of the Commack Campus. The position takes a leadership role in assuring that the college is meeting its stated mission. The Assistant Campus Director works closely with the President of the College to develop strategic direction and major policies for the Court Reporting program and the College. The Assistant Campus Director interviews, selects, and trains all employees hired at the Commack Campus. The Assistant Director plans and directs the work of all the departments housed at this campus, and apportions all of the work among the Commack campus employees. The incumbent also appraises the productivity and qualifications of the staff and Faculty assigned to the Commack Campus and recommends promotions or other changes in employees’ status. The Associate Director handles employee and student complaints and grievances and monitors or implements legal and regulatory compliance measures as appropriate or necessary. The incumbent provides for the safety and security of the students and employees and is charged with planning and controlling the campus budget. In the President’s absence, whereby the President is not available, the Assistant Campus Director is responsible for all operations and emergencies at the Commack Campus. The Assistant Campus Director position is responsible for the oversight of all staff employed at the Commack Campus and hires and monitors all Court Reporting Faculty. The Assistant Campus Director also takes a leadership role in developing, evaluating, and revising the curriculum for the Court Reporting program in consultation with the Curriculum Standards Committee. The position is responsible for ensuring that certification and accreditation requirements for the campus and program are monitored and met as prescribed. In conjunction with the Faculty, the position develops and implements an assessment plan for the Court Reporting program and performs program and campus improvement activities deemed necessary by the President of LIBI. The Assistant Campus Director provides the vision to address future challenges and opportunities in the field of Court Reporting and assures the sound fiscal operation of the campus, and provides a leadership role in establishing strategic and financial goals that address the growing competitive and regulatory environments.

2.4.3 Managers These positions work hand-in-hand with members of the executive staff to communicate information to the student body, the Faculty, and staff, and to organize internal operations of the college. The positions include, but are not limited to: Deans, Associate Deans, Executive Directors, Directors, Associate Directors, Assistant Deans/Directors, Coordinators, Department Chairs, Managers, Supervisors, and Registrars. The primary duty of managers is the responsibility for, and the oversight of, a recognized department or subdivision of LIBI. These individuals are responsible for interviewing, selecting, and training the employees within their departments. They direct the core work of their departments; they handle employee complaints and grievances, and monitor or implement legal and compliance measures as they relate to their departments. Employees should work with the specific manager to resolve issues that fall within the area and jurisdiction of the individual. Please refer to the organizational chart for names and email address of Department heads.

LIBI’s managers create a supportive work environment where all employees can function at their highest potential to advance LIBI’s mission.

2.4.4 Administrative Staff Part-time or full-time employees whose assignments require specialized knowledge or skills which may be acquired through experience, on-the-job training, or a degree or diploma/ certificate related to the field. These individuals assist their managers by performing specialLong Island Business Institute | Employee Handbook 2018 - 2020

ized or technical work requiring advanced knowledge, which is predominantly intellectual in character and which requires the consistent exercise of discretion and judgment. Administrative Staff perform office (non-manual) work directly related to the general business of the college, provide services to our students, or assist with the work directly related to the management of the college. Employees classified as Administrative Staff formulate, affect, interpret, or implement management policies or operating policies to ensure a smooth dayto-day operation of the college. These individuals provide the executive staff, either directly or through feedback to their managers, suggestions or advice regarding improvements to the college’s policies and processes. Administrative Staff are responsible for handling student complaints and resolving student grievances.

2.4.5 Technical Staff All employees who support LIBI’s computer, database, audio and internet systems are classified as Technical Staff. These employees work includes the application of systems analysis techniques and procedures, including consulting with members of other departments and the students, to determine hardware, software, and system functional specifications. Members of Technical Staff design, analyze, create and modify LIBI’s computer systems and the college student information management database based on and related to user or system design specifications.

2.4.6 Facility Maintenance and Services Employees who perform custodial work and facility services at the campuses and during college-sponsored functions outside of the campuses, are classified under this category. Although this list is not exhaustive, the essential functions of these positions include sweeping, vacuuming, mopping, scrubbing, waxing and polishing floors using industrial vacuum cleaners and scrubbing and buffing machines; using ladders, dusting and washing walls, cleaning ceiling tiles, dusting, polishing, and changing light fixtures; washing and replacing blinds, moving cabinets, boxes, furniture, crates and equipment to storage or between the various departments at the college; maintaining common-use areas such as lunchrooms, break rooms, and restrooms clean, orderly, and in the highest hygienic condition. This position requires the ability and willingness to work with appropriate cleaning chemicals and solutions to remove stains from such surfaces as drapes/blinds, walls, floors, carpets etc. Employees in these roles may also sweep main entrances to the campuses or perform other incidental seasonal tasks as necessary. While employees in these roles are primarily responsible for the cleaning of common areas, waiting areas, classrooms, and to provide other facility services, they also come into frequent contact with our students and prospective students and their families. As such, a required competency for this position is a strong customer/client focus, good judgment and strict adherence to commonly acceptable business behavior. Because these positions frequently come in contact with the Faculty and staff of other departments, a strong teamwork orientation and professional courtesy is also an essential component of these jobs. Members of this department must be thorough and have good time management and people skills.

2.4.7 Federal Work Study Students Federal Work Study (FWS) is a campus-based federal aid program. Students interested in applying should contact LIBI Career Services Center for restrictions and applications.

Employee Handbook 2018 - 2020 | Long Island Business Institute

The naming of a LIBI Star is a means for the College to provide immediate and visible recognition of “above and beyond” employee contributions. All full and part-time LIBI employees up to the director level are eligible to be nominated. Independent contractors and temporary employees, whether contracted by LIBI or through a third party, are not eligible to receive this award. The LIBI Star award recognizes employee contributions that have exceeded expectations for exceptional performance. This award recognizes contributions or accomplishments that are beyond the scope of the employee’s regular day-to-day activities and assignments. For example, the award could be for an employee who uses initiative and creativity to solve a challenging problem. It could also be for exceptional teamwork, such as volunteering for extra assignments during critical times while fulfilling all of the employee’s ongoing work duties. Below are examples of the categories that would qualify someone to be nominated as a LIBI STAR:

• Creativity – the colleagues who are always trying to do things

better and more efficiently and who come up with entirely new ideas for guiding the college toward success. LIBI’s innovators!

• Honesty – the colleagues that go “above and beyond” without risking the reputation and overall health of the college.

• Flexibility – the colleagues who genuinely care about the col-

lege and what we do and who are willing to do things outside of their job descriptions to ensure that the mission of the college is accomplished.

• Passion – the colleagues who genuinely enjoy their jobs and are constantly striving to improve professionally.

• Confidence – the colleagues who don’t shy away from challenges and take them on knowingly.

Nominations for the LIBI Star should be sent to the Director of Operations and Institutional Effectiveness.

If you have a colleague who always goes above and beyond to help you out, nominate him or her!

All employees have the authority and ability to recommend colleagues for the LIBI STAR award.

Long Island Business Institute | Employee Handbook 2018 - 2020

3. EMPLOYMENT POLICIES OUR COMMITMENT TO EQUAL OPPORTUNITY EMPLOYMENT & AMERICANS WITH DISABILITIES ACT The Long Island Business Institute is strongly committed to providing equal employment opportunity for all employees and all applicants for employment. For us, this is the only acceptable way to do business. It is the policy of the Long Island Business Institute to provide equal employment opportunities to all employees and employment applicants without regard to unlawful considerations of race, religion, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, ancestry, physical or mental disability, genetic information, marital status or any other classification protected by applicable local, state or federal laws. This policy prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. This policy applies to all aspects of employment, including, but not limited to, hiring, job assignment, working conditions, compensation, promotion, benefits, scheduling, training, discipline and termination. Any discriminatory conduct is prohibited in any form at the workplace, at work-related functions, or outside of work if it affects the workplace. The College expects all employees to support our equal employment opportunity policy, and to take all steps necessary to maintain a workplace free from unlawful discrimination and harassment and to accommodate others in line with this policy to the fullest extent required by law. Moreover, in compliance with the Americans with Disabilities Act (ADA), the College provides reasonable accommodations to qualified individuals with disabilities to the fullest extent required by law. The Long Island Business Institute may require medical certification of both the disability and the need for accommodation. Keep in mind that Long Island Business Institute can only seek to accommodate the known physical or mental limitations of an otherwise qualified individual. Therefore, it is your responsibility to come forward if you are in need of an accommodation. Long Island Business Institute will engage in an interactive process with the employee to identify possible accommodations, if any will help the applicant or employee perform the job. Any employee or applicant who believes that he/she has been discriminated against in violation of this policy should immediately file a complaint with the President of the Long Island Business Institute, as explained in our Complaint Policy. We encourage you to come forward if you have suffered or witnessed what you believe to be discrimination. We cannot solve the problem until you let us know about it. The Long Island Business Institute will not retaliate or allow retaliation against any employee or applicant who complains of discrimination or who assists in an investigation of possible discrimination.

3.1â&#x20AC;&#x192;Recruitment All LIBI employees are treated with respect and can expect to work free of any kind of harassment. LIBI does not tolerate offensive conduct directed at individuals based on any classes protected by law.

We know that we are only as good as our employees, so we search as widely as possible for talented and motivated individuals to fill vacant positions at LIBI. Our recruitment methods include employee referrals as well as print and electronic advertising. LIBI also makes an effort to hire our graduates when appropriate positions are available. Although these methods have served us well in the past, we know that the marketplace is ever changing and that finding high-quality people is an evolving process. We encourage our employees to share with us their ideas regarding recruitment of talented and motivated individuals. Employees wishing to refer a qualified candidate for any open positions at LIBI should speak to the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Because LIBI is committed to hiring a qualified and diverse group of individuals, we conduct all recruiting in a fair and non-discriminatory manner. The college is committed to employing, in its best judgment, the most qualified candidates for approved open positions while engaging in recruitment and selection practices that are in compliance with all applicable employment laws. It is the policy of LIBI to provide equal employment opportunity for employment to all applicants and employees. Employment by LIBI is subject to authorized processes of recruitment and selection. All “open” or vacant positions are subject to posting. The President of the college authorizes all new positions following the establishment of need. A suspension of normal procedure may be made only by the President of the college. Only the Provost and the Director of Operations and Institutional Effectiveness are authorized to place recruitment advertisements or register position openings with employment agencies or search firms. Department Heads may not establish contractual arrangements with employment agencies or search firms. Any such arrangement must be approved and made by the President of the college. It is the responsibility for the head of each department to ensure compliance of his or her area with college personnel policies. The Provost (all faculty positions), the Assistant Campus Director, the Director of Operations and Institutional Effectiveness, and departmental Managers serve as the President’s immediate designees in the personnel recruitment and selection process. Both the Provost and the Directors have the major responsibility for ensuring compliance by coordinating and monitoring the hiring procedures.

LIBI uses job advertisements and postings that are factual and provide the job title, a description of the primary duties, any specific educational and/or experience requirements, and the expected work hours.

3.2 Employment of Minors The FLSA’s child labor provisions, which the Long Island Business Institute strictly adheres to, are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. Generally speaking, the FLSA sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations. In addition, the FLSA establishes subminimum wage standards for certain employees who are less than 20 years of age, full-time students, student learners, apprentices, and workers with disabilities. LIBI must have authorization from the U.S. Department of Labor’s Wage and Hour Division (WHD) in order to pay sub-minimum wage rates. Any new employees who fall under this category must work closely with the Director of Operations and Institutional Effectiveness to ensure all relevant and necessary paperwork is on file prior to beginning employment.

3.3 Employment of Relatives The Long Island Business Institute recognizes that the employment of relatives in certain circumstances, such as when they will work in the same department, supervise or manage the other, or have access to confidential or sensitive information regarding the other, can cause problems related to supervision, safety, security or morale, or create conflicts of interest that materially and substantially disrupt the College’s operations. When the College determines any of these problems will be present, it will decline to hire an individual to work in the same department as a relative. Relatives subject to this policy include: relationships by blood—parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece and first cousin; and relationships by marriage—husband, wife (as defined by state law), step-parent, step-child, brother-in-law, sister-in-law, father-inlaw, mother-in-law, son-in-law, daughter-in-law, half-brother, half-sister, uncle, aunt, nephew, niece, spouse/partner of any of the above and cohabitating couples or significant others. If present employees become relatives during employment, the Administration of the Long Island Business Institute should be formally notified so that the College may determine whether a problem involving supervision, safety, security or morale, or a conflict of interest that would materially and substantially disrupt the College’s operations exists. If the College determines that such a problem exists, the College will take appropriate steps to resolve the problem, which may include reassignment of one relative (if feasible) or asking for the resignation of one of the relatives. Long Island Business Institute | Employee Handbook 2018 - 2020

3.4 General Policy – Internal Candidates Employees who have been placed on written warning or disciplinary probation or suspension within the last year are restricted from transferring to other units or departments on campus.

Current employees have the right to apply for positions within LIBI when vacancies occur. Before applying for any internal opening, employees should ensure that their academic credentials and work experience meet the requirements of the open position. Employees interested in applying for a vacant position in a department other than their own must notify their immediate supervisor of their intention to interview for the opening. To apply for a posted position, an applicant will need to submit a completed internal application to one of the Deans, the Provost, Assistant Campus Director, or the Director of Operations and Institutional Effectiveness. All employees, including part-time staff and adjunct Faculty, applying for internal job postings will be subject to the same tests as external applicants. The applicant’s current supervisor will be contacted to verify performance, skills and attendance. Since safety, security and privacy of employee records are important to LIBI, the employee’s personnel file will be reviewed by the hiring manager after the initial interview if the employee is still being considered for the position. Staffing limitations or other circumstances that might affect a prospective transfer will also be discussed before a final decision is rendered. Upon successfully gaining the new position, the employee must provide adequate notice to his/her supervisor. The employee and the two department supervisors involved will meet to determine the transition of the employee to the new department. While transitioning to the new position, the employee may be asked to train his/her replacement or help with the workload of his/her old department while the department conducts a search for a replacement. A typical transition from one department to another will generally last two to three weeks. If the open position is classified at a higher salary and the employee is offered the position, the employee may expect an increase in pay to be negotiated at the time of the offer. If the open position is classified at a lower salary, the employee should understand that there will be a reduction in pay in accordance with the published salary scale. Although subject to the probationary period, when employees transfer from one department at LIBI to another, all unused sick and vacation leave will transfer with the employee. Employees wishing to apply for open positions must complete one or more years of full-time employment in their current position. Upon being petitioned, only the President of the College can approve exceptions to this policy.

3.5 Reference Check Policy: Prior to Employment To ensure that individuals who join LIBI have represented their qualifications accurately, it is LIBI’s policy to check the employment references for all applicants.

Prior Employment Verification confirms applicant’s employment with the provided companies, including dates of employment, position held and additional information available pertaining to salary/ wages, performance rating, and reason for departure and eligibility for rehire. LIBI will contact the two most recent employers on the applicant’s resume as part of the verification process. In cases where that is not possible, the hiring manager will ask for additional references. Calls will also be placed to individuals listed as personal and professional references by an applicant. Conversely, employees wishing to list an appropriate senior LIBI manager as a reference for other employment opportunities or for the purposes of obtaining a professional reference for other reasons must present the request in writing. The request should be given to the Director of Operations and Institutional Effectiveness and should stipulate the information the employee authorizes LIBI to release. By policy, the Long Island Business Institute will provide only the former or present employee’s dates of employment and position(s) held with the College. Compensation information may also be verified if written authorization is provided by the employee. Salary information will not be provided to third

Employee Handbook 2018 - 2020 | Long Island Business Institute

parties unless LIBI has a written consent from the employee on file with the Payroll Department. LIBI will provide written verification of dates of employment, position, and salary if a written request is made to the Fiscal Manager. Employees may also request such a letter in writing from the Director of Operations and Institutional Effectiveness. Under normal circumstances employees should allow three business days for the request to be processed. For more information, see Section 10.4: References.

3.6 Background Check: All Positions The Long Island Business Institute believes that hiring qualified individuals contributes to the overall strategic success of the College. Background checks serve as an important part of the selection process. The information we collect helps the College promote a safe work environment for our students as well as current and future employees. Background checks also help us obtain information necessary to determine an applicant’s overall employability and to ensure the protection of LIBI’s physical property, proprietary information and the personal and financial information of our students. The Long Island Business Institute complies with all applicable federal, state and local laws, including fair employment practices and equal employment opportunity, when conducting background checks.

No Credit or Criminal background check will be performed without the explicit written consent from the individual ahead of time.

All offers of employment at the Long Island Business Institute are contingent upon acceptable results of a thorough background check. Background checks will be conducted following an accepted offer of employment.

Unless specified otherwise background checks usually include validation of Social Security Number, passport, Sexual Offender Registry Information (SORI) check, driver’s license and driving records (if the job demands this skill), and educational credential as well as past employer reference checks. Additional background checks may be conducted during the course of an applicant selection process for positions considered to be “sensitive” or those positions that will be handling large monetary transactions, and those positions that have access to detailed financial information of the College or of our students. For more information see Section 3.7: Background and Reference Check Policy: Sensitive Positions. Individuals seeking placement in sensitive positions will be informed of the additional background check requirements and will be asked for consent prior to further checks being conducted. No Credit or Criminal background check will be performed without the explicit written consent from the individual ahead of time. A criminal conviction alone does not preclude the individual from successfully qualifying for the position unless hiring the applicant would pose an unreasonable risk to property or to public or individual safety, or the conviction bears a direct relationship to the job. LIBI will provide all individuals seeking a position subject to an expanded background check (credit check and criminal conviction check) a copy of Article 23-A. Applicants subject to criminal checks will receive a copy of Article 23-A at the beginning of the application process (a copy of the Law will be attached to the employment application). The applicant (or internal transfer) will be required to acknowledge in writing that he or she received a copy of Article 23-A. Only applicants who are made a provisional offer of employment contingent on the background check will be subject to a criminal and credit check. The applicant will be asked to provide LIBI with a consent and disclosure form. All questions about this policy should be directed to the Director of Operations and Institutional Effectiveness or the Fiscal Manager.

3.7 Background and Reference Check Policy: Sensitive Positions Certain jobs at LIBI are considered to be “sensitive positions”. These positions require background checks because of the nature and type of information these positions have access to. Generally, positions involving security and financial responsibilities, Registrar functions with full-security access, and other similar positions that LIBI deems “sensitive” in daily operations will be subject to background checks. LIBI will generally conduct the background check but, depending on availability of trained personnel, LIBI reserves the right to use a third-party agency to conduct the background checks to verify the accuracy of the information provided by the applicant during the selection process. Information includes past employment, education, character, finances and reputation. Long Island Business Institute | Employee Handbook 2018 - 2020

LIBI conducts background checks in compliance with all applicable federal and state statutes, such as the Fair Credit Reporting Act and the Americans with Disabilities Act. The information that can be collected from previous employers and other sources will be limited to that which is job-related and pertains to the quality and quantity of work performed by the applicant and to the applicant’s attendance record, education and other lawful, work-related inquiries. The Director of Operations and Institutional Effectiveness, the Fiscal Manager, or an appropriately trained designee along with appropriate management personnel will be primarily responsible for the background check process.

Credit checks will be conducted for individuals applying for positions classified as sensitive.

3.8 Background and Reference Check Policy (Sensitive Positions): Credit Record The Long Island Business Institute seeks to employ qualified, fiscally responsible individuals in sensitive positions within the College. The Long Island Business Institute is an equal opportunity employer and does not discriminate with regard to race, sex, age, national origin, religion, disability, genetic information or other characteristics protected by federal, state and local fair employment practices laws. All candidates and temporary staff, who are selected for employment at LIBI, for a position that regularly engages in handling cash payments, credit card information or other College or student financial information must undergo a credit check. This includes new employees, existing employees who are transferring to such a position, and temporary employees.

Departments that regularly require a credit check include the accounting and payroll departments (business office staff), the bursar office staff, and any other staff position that is required to handle large cash transactions, banking transactions on behalf of the College, or has access to detailed student personal and financial information. Credit checks for employees directly hired by the Long Island Business Institute are conducted by the Fiscal Manager’s office, by the Director of Operations and Institutional Effectiveness, or by a pre-approved third-party vendor providing this service. The Long Island Business Institute complies with all applicable federal and state laws regarding the collection, storage, use and disposal of information obtained as part of a credit check. This includes the consent and notice provisions of the Fair Credit Reporting Act and the Fair and Accurate Credit Transactions Act. Procedures When candidates apply for positions at Long Island Business Institute they consent to a credit check to be performed when determined to be necessary by the College. Credit checks are not done for all candidates. They are conducted when an applicant has been interviewed and is selected as a final candidate for a qualifying (or “Select”) position. Results of these checks typically take a few days to obtain. Every effort is made to avoid delay in the hiring process. Responsibility for conducting credit check The Fiscal Manager’s Office is responsible for obtaining and reviewing all credit checks for qualifying positions. The Fiscal Manager reviews the information obtained when a credit check is required for a hiring decision and provides the results to management personnel involved in the hiring process. Access to this information is strictly limited to the Fiscal Manager’s office and others on a need-to-know basis to ensure that the privacy of the candidate is respected. Disqualification of Candidate LIBI seeks to employ qualified, fiscally responsible individuals in sensitive positions within the college. The Long Island Business Institute is an equal opportunity employer and does not discriminate with regard to race, sex, age, national origin, religion, disability, genetic information or other characteristics protected by federal, state and 32

Employee Handbook 2018 - 2020 | Long Island Business Institute

local fair employment practices laws. Departments that regularly require a credit check include but are not limited to: fiscal manager’s office staff, all accounting staff, as well as the staff employed by the Bursar’s office and the staff in Financial Aid. If the credit check reveals that the candidate for hire or transfer has a history of bad debt, the individual may be disqualified from the position. Candidates with bad debt, as defined here, will not be considered for positions that involve the handling of credit cards or other College funds: “Bad debt” is defined as debt that has been referred for collection, has a balance past due more than 60 days, or has been written or charged off by the creditor. Bad debt is not considered a risk if it is more than five years old, the result of the candidate’s student loan obligations, or incurred through extensive medical care for the candidate or his or her immediate family members or dependents. Bad debt is considered a risk if it exceeds 10 percent of the salary for the position being filled, regardless of the time period in which the debt was incurred (excluding medical debt and student loans). The Long Island Business Institute complies with all federal and state law requirements for consumer and credit reports when information contained in the reports is used as a basis for taking adverse action against the individual. If a credit check on a current employee provides adverse information, the employee will be referred to the Fiscal Manager’s office for review and resolution. If you have questions, contact: The Director of Operations and Institutional Effectiveness or your immediate supervisor. If you feel your questions have not been answered, you may also contact: New York State Division of Human Rights - Albany Empire state Plaza Corning tower, 25th Floor P.O. Box 2049 Albany, NY 12220 518-474-2705

3.9 Arrest and Conviction Record LIBI does not inquire about or consider arrests that did not lead to a conviction, sealed violation-level offenses, or youthful offender adjudications when selecting qualified individuals for vacant or newly formed positions; however, LIBI may check criminal conviction records and pending arrest records after the college extends a conditional offer of employment to the applicant. Even if a conviction exists, in accordance with the Equal Employment Opportunity Commission’s current interpretation of Title VII of the Civil Rights Act of 1964, Article 23-A, New York State Human Rights Law (“HRL”), and the Fair Chance Act, this information will not be used by LIBI as a basis for denying employment, unless it is determined to be job-related and consistent with business necessity. If, after obtaining an applicant’s criminal history, LIBI decides to withdraw its conditional offer of employment, the college will consider the Article 23-A factors and then follow several steps referred to as a “Fair Chance Process.” These steps include:

• Disclose to the applicant a written copy of any inquiry LIBI conducted into the applicant’s criminal history;

• Share with the applicant a written copy of its Article 23-A analysis; and • Allow the applicant at least three business days, from receipt of the inquiry and analysis, to

An “inquiry” is defined as any question, whether made in writing or orally, asked for the purpose of obtaining an applicant’s criminal history, including, without limitation, questions in a job interview about an applicant’s criminal history; and any search for an applicant’s criminal history, including through the services of a third party, such as a consumer reporting agency.

respond to LIBI’s concerns.

Long Island Business Institute | Employee Handbook 2018 - 2020

LIBI’s hiring practices are guided by: the Equal Employment Opportunity Commission’s current interpretation of Title VII of the Civil Rights Act of 1964, Article 23-A, New York State Human Rights Law (“HRL”), and the Fair Chance Act.

LIBI will not deny employment unless it can:

1. Draw a direct relationship between the applicant’s criminal record and the prospective job; or

2. Show that employing the applicant “would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.”

3.10 Inquiries and Misrepresentation LIBI will not ask an applicant or employee whether he or she has ever been arrested or had a criminal accusation led against him or her. LIBI will also not inquire about youthful offender adjudications or sealed records. The college will only inquire about or consider the criminal history of job applicants after extending conditional offers of employment. LIBI will not require or in any way request that an individual divulge information about the circumstances of an arrest or accusation no longer pending. In line with college hiring policies, LIBI’s representatives will not request information from the individual accused in order to “investigate” the circumstances behind an arrest. In accordance with the Fair Chance Act (“FCA”) and other applicable laws, LIBI will not inquire about or consider the criminal history of job applicants until after extending conditional offers of employment. Should LIBI wish to withdraw its offer, the college will give the applicant a copy of its inquiry into and analysis of the applicant’s conviction history, along with at least three business days to respond. If, after a conditional offer of employment is made, an applicant misrepresents his or her criminal history, and if the applicant cannot or does not demonstrate that any discrepancy between the information he or she disclosed and LIBI’s background report is due to an error, LIBI may disqualify the applicant and choose not to hire the individual.

3.11 Personnel Records Information LIBI collects about employees and retains in personnel files are strictly job-related. Managers and supervisors are allowed access to employee files on a need-to-know basis only.

The Long Island Business Institute maintains a personnel file and payroll records for each employee as required by law. Personnel files and payroll records are the property of the College and may not be removed from College premises without written authorization from the President. Because personnel files and payroll records are confidential, access to those records is restricted. Generally, only those who have a legitimate reason to review information in an employee’s file are allowed to do so. Disclosure of personnel information to outside sources is limited. However, the College will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required. Employees may contact the Fiscal Manager to request a time to review their payroll records. Employees wishing to review their personnel files should contact the Director of Operations and Institutional Effectiveness. With reasonable advance notice, an employee may review his or her own records in the College’s offices during regular business hours and in the presence of an individual appointed by the College to maintain the records. No copies of documents in your file may be made, with the exception of documents that employees previously signed. Employees may provide the College with a separate document with their comments regarding any disputed item in the file. The employee’s comments will be placed in the file by the Director of Operations and Institutional Effectiveness.

3.12 Offer of Employment For non-sensitive positions, the hiring manager and/or Director of Operations and Institutional Effectiveness will conduct a reference check upon receipt of the signed release form. In instances where

Employee Handbook 2018 - 2020 | Long Island Business Institute

negative or incomplete information is obtained, the hiring manager and the President of the College will assess the potential risks and liabilities related to the job’s requirements and determine whether the individual should be hired. The chosen candidate is not to begin work prior to the hiring manager receiving approval from the President of the College. LIBI reserves the right to modify this policy at any time without notice.

3.13 Proof of Work Eligibility and Immigration Law Compliance LIBI employs only United States citizens and non-citizens who are authorized to work in the United States. All employees are asked on their first day of employment to provide original documents verifying the right to work in the United States and to sign a verification form required by federal law. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 on the date of hire and present documentation establishing identity and employment eligibility within three business days of date of hire. Former employees who are rehired must also complete an I-9 form if they have not completed an I-9 form with LIBI within the past three years, or if their previous I-9 form is no longer retained or valid. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.

3.14 Child Support Reporting Requirements Federal and state laws require us to report basic information about new employees, including your name, address, and Social Security number, to a state agency called the State Directory of New Hires. The state collects this information to enforce child support orders. If the state determines that one of our employees owes child support, it will send LIBI an order requiring the College to withhold money from the employee’s paycheck to pay child support obligations.

3.15 Political Neutrality Maintenance of individual freedom and our political institutions necessitates broad scale participation by citizens concerning the selection, nomination and election of our public office holders. The Long Island Business Institute will not discriminate against any employee because of identification with and support of any lawful political activity. LIBI’s employees are entitled to their own personal political positions. LIBI employees can be politically active during off-work hours without fear of retaliation or other adverse employment actions by the college. Employees engaging in political activity, however, are explicitly expected to make it clear that their actions and opinions are their own and not necessarily those of the Long Island Business Institute, and that they are not representing the College.

Furthermore, LIBI employees are free to volunteer for political campaigns, attend political rallies, fundraise for political causes, and place candidate’s promotional campaign signs in the front yards of their homes, regardless whether the conduct conflicts with LIBI’s business and political objectives; however, LIBI employees may not engage in these activities while on any of LIBI’s campuses or using LIBI’s email.

Even though LIBI employees may actively participate in any political activity, they may not do so while on LIBI campuses or at LIBI sponsored events. LIBI email accounts may not be used for political activity.

3.16 Americans with Disabilities Act It is the policy of the Long Island Business Institute to provide equal employment opportunities to all employees and employment applicants without regard to unlawful considerations of race, religion, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, ancestry, physical or mental disability, genetic information, marital status or any other classification protected

Long Island Business Institute | Employee Handbook 2018 - 2020

by applicable local, state or federal laws. This policy prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. This policy applies to all aspects of employment, including, but not limited to, hiring, job assignment, working conditions, compensation, promotion, benefits, scheduling, training, discipline and termination.

The Long Island Business Institute expects all employees to support our equal employment opportunity policy, and to take all steps necessary to maintain a workplace free from unlawful discrimination and harassment and to accommodate others in line with this policy to the fullest extent required by law.

Moreover, in compliance with the Americans with Disabilities Act (ADA), the College provides reasonable accommodations to qualified individuals with disabilities to the fullest extent required by law. The Long Island Business Institute may require medical certification of both the disability and the need for accommodation. Employees should keep in mind that the College can only seek to accommodate the known physical or mental limitations of an otherwise qualified individual. Therefore, it is the employee’s responsibility to come forward and inform the College of the need of an accommodation. The College will engage in an interactive process with the employee to identify possible accommodations to enable people with disabilities to enjoy equal employment opportunities.

3.16.1 Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act (ADAAA) of 2008 LIBI encourages individuals with disabilities to come forward and request reasonable accommodation. Employees may contact their direct supervisor or manager to do so.

The Long Island Business Institute supports the provision of reasonable and appropriate accommodations in order to foster employee success and is committed to complying with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act (ADAAA) of 2008 which became effective on January 1, 2009. It is LIBI’s policy not to discriminate against any qualified individual on the basis of disability. LIBI does not discriminate against a qualified individual on the basis of disability with regard to:

• recruitment, advertising, and job application procedures; • hiring, upgrading, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

• rates of pay or any other form of compensation and changes in compensation; • job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

• leaves of absence, sick leave, or any other leave; • fringe benefits available by virtue of employment, whether or not administered by LIBI;

• selection and financial support for training, including: apprenticeships, profession-

al meetings, conferences and other related activities, and selection for leaves of absence to pursue training.

As an employer of more than 15 individuals, LIBI is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the college. Reasonable accommodations are adjustments or modifications provided by LIBI to enable people with disabilities to enjoy equal employment opportunities. Undue hardship is defined as an action that is excessively costly, extensive, substantial, or disruptive or that would fundamentally alter the nature or operation of the business. 36

Employee Handbook 2018 - 2020 | Long Island Business Institute

In determining undue hardship, factors to be considered include the nature and cost of the accommodation in relation to the size, the financial resources, the nature and structure of LIBI’s operations, as well as the impact of the accommodation on the specific location providing the accommodation. Individuals with a disability who believe they need an accommodation to perform the essential functions of their job should contact the President of the College. LIBI encourages individuals with disabilities to come forward and request reasonable accommodation.

3.16.2 The Meaning of Disability The term “disability” means, with respect to an individual: A. a physical or mental impairment that substantially limits one or more major life activities of such individual; B. a record of such an impairment; or C. being regarded as having such an impairment.

3.16.3 Qualified Individual with a Disability LIBI does not discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Included in this policy are also protections for qualified individuals who have an association with or relationship to a person with a known disability. Under the ADA, a “qualified individual” is one who, with or without reasonable accommodation, can perform the essential functions of his/her job. For more information please see Section 3.16.6: Reasonable Accommodation.

3.16.4 Exceptions to the definitions of ‘‘Disability’’ and ‘‘Qualified Individual with a Disability.’’ The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C 812). Illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not include the use of a drug taken under the supervision of a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. Further, disability does not include: 1. Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; 2. Compulsive gambling, kleptomania, or pyromania; or 3. Psychoactive substance use disorders resulting from current illegal use of drugs.

3.16.5 Essential Functions 1. In general, the term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term ‘‘essential functions’’ does not include the marginal functions of the position

Long Island Business Institute | Employee Handbook 2018 - 2020

Understand how certain functions are essential to the operation of LIBI.

2. A job function may be considered essential for any of several reasons, including but not limited to the following: i. The function may be essential because the reason the position exists is to perform that function; ii. The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or iii. The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. 3. Evidence of whether a particular function is essential includes, but is not limited to: i. LIBI’s judgment as to which functions are essential; ii. Written job descriptions prepared before advertising or interviewing applicants for the job; iii. The amount of time spent on the job performing the function; iv. The consequences of not requiring the incumbent to perform the function; v. The work experience of past incumbents in the job; and/or vi. The current work experience of incumbents in similar jobs.

3.16.6 Reasonable Accommodation LIBI generally does not provide a reasonable accommodation unless an individual with a disability has asked for one. Once a reasonable accommodation is requested, the employee will meet with his/her supervisor to discuss the individual’s needs and identify the appropriate reasonable accommodation. Please note that by the provisions of the law, where more than one accommodation would work, LIBI may choose the one that is less costly or that is easier to provide. The term reasonable accommodation means: 1. Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or 2. Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified to perform the essential functions of that position; or 3. Modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Employee Handbook 2018 - 2020 | Long Island Business Institute

NEW YORK CITY GUIDANCE ON PREGNANCY ACCOMMODATIONS

The New York City Pregnant Workers Fairness Act gives employers guidance regarding the legal treatment of pregnant employees. The act reiterates that the NYC Human Rights Law (NYCHRL) prohibits discrimination based on pregnancy, childbirth and related medical conditions and requires employers to provide reasonable accommodations if doing so would not create an undue hardship. LIBI will not make any policies that create disparate treatment by treating individuals less well based on pregnancy, maintaining policies that single out pregnant individuals such as refusing to hire them for certain positions or consider for promotions especially those involving hazardous situations or engaging in conduct rooted in stereotypes or assumptions regarding pregnancy such as failing to assign an employee to certain projects because she is pregnant. LIBI will not implement neutral workplace rules that have an adverse impact on pregnant employees (such as light duty policies). LIBI will not retaliate against a pregnant employee for requesting a reasonable accommodation and engaging in cooperative dialogue. Through this policy LIBI is providing the required notice to pregnant employees of workplace protections including the right to be free from discrimination and harassment and the right to reasonable accommodations. Posters outlining pregnant employee protections are posted by the time clocks at all LIBI locations and accessible to all employees. *Employees may request accommodations based on pregnancy, childbirth, or related medical condition even if the medical condition does not amount to a disability. Accommodations may include:

• Minor accommodations, schedule modifications, and alternative positions/assignments such as modifications to dress codes and breaks during work time.

• Leave related to childbirth, followed by reinstatement to the employee's original job or to an equivalent position. The college may only request medical documentation if an employee seeks to take longer than six weeks for a vaginal delivery and eight weeks for a C-section.

• LIBI will accommodate employees who are nursing and want to express breast milk by providing a clean and private area, not a bathroom, to do so. The college will also provide a clean refrigerator to

Long Island Business Institute | Employee Handbook 2018 - 2020

store breast milk while the employee is on campus. LIBI will also permit employees to "express milk at their usual work station … so long as it does not create an undue hardship for the employer, regardless of whether a coworker, client, or customer expresses discomfort." Upon returning from maternity leave, it is the responsibility of the employee to notify the college of the intention to express breast milk so that the college can provide appropriate accommodations without any undue delay. An employee requesting accommodations should communicate the request to her supervisor and to the Director of Operation and Institutional Effectiveness.

• Accommodations

related to abortions, miscarriages, and fertility treatments such as unpaid leave and flexible scheduling should be requested under this policy. LIBI may request medical documentation before making modifications or providing accommodations.

Employees may be entitled to accommodations regardless of whether and how other non-pregnant employees are accommodated.

Any employee who feels that her request was not handled in a timely manner, or if the employee believes that the college was unwilling to explore the existence and feasibility of alternative accomodations, should immediately contact the Provost or the President of the college.

LIBI may initiate a cooperative dialogue** with an employee when it directly or indirectly learns that the employee requires a reasonable accommodation based on pregnancy. The college may also initiate a cooperative dialogue when it reasonably believes that an employee’s work performance has been negatively affected or that her work behavior may result in an adverse employment action because of circumstances related to pregnancy, childbirth, or a related medical condition. **A cooperative dialogue involves communicating in good faith with the employee in an open and expeditious manner, in person, by phone, or by email. A cooperative dialogue is ongoing unless and until a reasonable accommodation is provided, or there is no accommodation that will not create an undue hardship, or there is no accommodation which would allow an employee to perform the essential functions of the job. Under certain circumstances, LIBI may request medical documentation as part of the cooperative dialogue. LIBI is not required to provide an employee with the specific requested accommodation if a reasonable alternative would address the employee's needs. LIBI will notify the employee promptly in writing of the determination.

Employee Handbook 2018 - 2020 | Long Island Business Institute

3.16.7 Major Life Activities A. In general: For purposes the aforementioned, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. B. Major bodily functions: For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

It is the employee’s responsibility to talk about special accommodation with his/her supervisor.

The EEOC has created a list of some of the major life activities, which includes the following: Caring for oneself

Performing manual tasks

Walking

Reading

Seeing

Hearing

Speaking

Sitting

Breathing

Learning

Working

Standing

Lifting This list is neither exhaustive nor exclusive. It is meant merely as examples of “major life activities”. So long as an impairment substantially limits a major bodily function, the employee will have a disability under the ADAAA regulations; however, unless LIBI has actual knowledge from the employee him/herself that the impairment is affecting the employee’s ability to perform his/her job, LIBI will continue to treat the employee the same way as any other employee. LIBI will not make assumptions; therefore, it is the employee’s responsibility to initiate and participate in the discussion about the need for accommodation with LIBI’s administrators. For Example: an individual with a record of a substantially limiting impairment may be entitled, absent undue hardship, to a reasonable accommodation if needed and related to the past disability. An employee with an impairment that previously limited, but no longer substantially limits, a major life activity may need leave or a schedule change to permit him or her to attend follow-up or ‘‘monitoring’’ appointments with a health care provider.

3.16.8 Pose No Direct Threat LIBI requires as a qualified standard, that an individual not pose a direct threat to the health or safety of him/herself or others in the workplace (56 FR 35734, July 26, 1991, as amended at 76 FR 16999, Mar. 25, 2011). Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a ‘‘direct threat’’ shall be based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include: 1. The duration of the risk; 2. The nature and severity of the potential harm; 3. The likelihood that the potential harm will occur; and 4. The imminence of the potential harm.

Long Island Business Institute | Employee Handbook 2018 - 2020

3.17 Procedure for Requesting an Accommodation An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for a job or after receiving a job offer. Rather, an individual with a disability should request a reasonable accommodation when s/he knows that there is a workplace barrier that is preventing him/ her, due to a disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment. http://www.eeoc.gov/policy/docs/accommodation.html - N_23_ To avoid undue delay, it is advisable that Faculty and staff make their request for accommodations directly to the Office of the President. When an employee decides to request accommodation, the employee or his/her representative (i.e. a family member, friend, health professional) must let LIBI know that s/he needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an employee may use “plain English” and need not mention the ADA or use the phrase “reasonable accommodation”. If a request is given to the employee’s manager or supervisor rather than directly to the Office of the President, the manager must forward the request to the Director of Operations and Institutional Effectiveness immediately if feasible but no later than 2 business days of receipt. The reasonable accommodation process begins as soon as the oral or written request for accommodation is made to any manager in an employee’s chain of command, so it is imperative that the request be forwarded to the Office of the President within 2 business days. Upon receipt of the request, the Director of Operations and Institutional Effectiveness or the President and the employee requesting accommodation will engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation. The President or her designee may ask the individual relevant questions that will enable them to make an informed decision about the request. This includes asking what type of reasonable accommodation is needed. The exact nature of the dialogue will vary. In many instances, both the disability and the type of accommodation required will be obvious, and thus there may be little or no need to engage in any discussion. In other situations, the President or her designee may need to ask questions concerning the nature of the disability and the individual’s functional limitations in order to identify an effective accommodation. While the individual with a disability does not have to be able to specify the precise accommodation, s/ he does need to describe the problems posed by the workplace barrier. Additionally, suggestions from the individual with a disability may assist LIBI in determining the type of reasonable accommodation to provide. In cases where the employee or LIBI are not familiar with possible accommodations, LIBI will work expeditiously with available public and private resources to help the College identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained. When the disability and/or the need for accommodation are not readily obvious, LIBI will ask the individual for reasonable documentation about his/her disability and functional limitations. The College is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation. Under the provisions of reasonable documentation LIBI may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation. Thus, LIBI, in response to a request for reasonable accommodation, cannot ask for documentation that is unrelated to determining the existence of a disability and the necessity for an accommodation. This means that in most situations LIBI cannot request a person’s complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation. If an individual has more than one disability, LIBI can request information pertaining only to the disability that requires a reasonable accommodation. Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals. In cases when LIBI must contact the employee’s medical health provider the individual will be asked to sign a limited medical release allowing the College to submit a list of specific questions to the healthcare provider. In requesting documentation, LIBI will specify what types of information we are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. 42

Employee Handbook 2018 - 2020 | Long Island Business Institute

When an employee makes a request for reasonable accommodation that involves performance of the job, the President or her designee will work with the requesting employee’s supervisor to ensure that an appropriate accommodation is provided that meets the individual’s disability-related needs and enables the individual to perform the essential functions of the position. The President or her designee will meet with the employee making the request prior to setting up a meeting with the employee’s manager or supervisor. LIBI will determine the feasibility of the requested accommodation considering various factors, including, but not limited to: the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, LIBI’s overall financial resources and organization, and the accommodation’s impact on the operation of the Long Island Business Institute, including its impact on the ability of other employees to perform their duties and on LIBI’s ability to conduct business. LIBI will inform the employee of its decision on the accommodation request or on how to make the accommodation. If the accommodation request is denied, the employee will be advised of his/her right to appeal the decision by submitting a written statement explaining the reasons for the request. If the request on appeal is denied, that decision is final. The ADA does not require LIBI to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e. eyeglasses, hearing aids, wheelchairs, etc.)

An employee or job applicant who has questions regarding this policy or believes that he/she has been discriminated against based on a disability should notify the President’s Office in writing. All such inquiries or complaints will be treated as confidential to the extent permissible by law. All of Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA) compliance are coordinated by the designees of the President. Those designees include: the Provost (for all faculty and academic personnel), the Director of Operations and Institutional Effectiveness (all non-academic staff positions), and the Dean of Students (all current students and applicants). An employee wishing to submit a complaint under Section 504/ADA should contact the Office of the President to request a meeting to discuss the employee’s concern directly with the President of the college. Employees who believe that their rights have been violated under Section 504/ADA and wish to file a formal complaint should follow LIBI’s grievance procedure as outlined in this Handbook.

3.18 The New York City Human Rights Law and Individuals with Disabilities The New York City Human Rights Law prohibits discrimination on the basis of a physical, medical, mental, or psychological impairment, or a history or record of such impairment. New York City Law defines disability as an impairment of any system of the body; including, but not limited to: the neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardiovascular system; the reproductive system; the digestive and genitourinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or (2) a mental or psychological impairment.

New York City Law will not protect you if LIBI makes a decision about your employment in response to your illegal use of drugs.

In the case of alcoholism, drug addiction or other substance abuse, New York City law only protects an employee or applicant who (1) is recovering or has recovered, and (2) currently is free of such abuse.

3.19 Privacy of Medical Files The Long Island Business Institute is respectful of employee privacy. All employee demographic and personal information will be shared only as required in the normal course of business. Healthcare enrollment information is kept in a separate folder from other human resources forms. Workers’ Compensation information is not considered private healthcare information; however, this information will be released only on a need-to-know basis. Long Island Business Institute | Employee Handbook 2018 - 2020

The Long Island Business Institute does not make or receive any private healthcare information through the course of normal work. If any employee voluntarily shares private healthcare information with a member of management, this information will be kept confidential. If applicable, the College will set up guidelines for employees and management to follow to ensure that all employees conform to the requirements of the Health Insurance Portability and Accountability Act (HIPAA). The Privacy Rule does not prevent LIBI’s supervisors, or the payroll department from asking employees for a doctor’s note or other information about the employee’s health if LIBI needs the information to administer sick leave, workers’ compensation, wellness programs, or health insurance. We understand the particularly sensitive nature of an employee’s medical records, so we do not place any such records in the employee’s personnel file. All medical records are kept in a separate and secure file. Contact the Office of the President if you have any questions about the storage of your medical records or about inspecting your medical records file.

3.20 Breastfeeding Female employees who choose to breastfeed after returning to work, will be accommodated by being provided a private place and time to express milk for the purposes of breastfeeding for up to two years following the birth of the child. Employees will be allowed a reasonable amount of break time during work hours to accomplish this. If possible, those times should run concurrently with normal break and meal periods. Time allowed in excess of normal break and meal periods will be covered preferably by flexible work arrangements. Employees who are breastfeeding need to work with their immediate supervisor to establish mutually convenient and agreeable arrangements.

3.21 Transgender Employees LIBI will not tolerate discrimination against any employee or applicant for employment based upon actual or perceived gender. LIBI employees are expected to treat everybody with respect and professionalism.

Under the New York Human Rights Law, discrimination on the basis of sexual orientation is also prohibited. In New York City, the New York City Human Rights Law prohibits discrimination on the basis of gender identity. “Gender” is defined in the New York City’s Human Rights Law to include:

• • • • •

actual or perceived sex; gender identity; self-image; appearance; and, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to an individual at birth.

Under Administrative Code: Section 8-107(1) it is an unlawful discriminatory practice for LIBI, or an employee or agent thereof, to discriminate against any employee or applicant for employment based upon actual or perceived gender (including the individual’s actual or perceived sex, gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to an individual at birth) with regard to recruitment, hiring, firing, promotions, wages, job assignments, training, benefits, and other terms and conditions of employment.

3.21.1 LIBI’s Dress Code and Gender Identity It is LIBI’s policy to permit transgender employees to comply with the gender-specific provisions in the published dress code in an appropriate manner that is consistent with their gender identity and gender expression. 44

Employee Handbook 2018 - 2020 | Long Island Business Institute

3.21.2 Anti-Harassment Policy Transgender Employees LIBI has an explicit expectation that all employees will treat transgender members of the LIBI community with respect and professionalism. Transgender individuals should be addressed with names, titles, pronouns, and other terms appropriate to their gender identity. The refusal to address individuals in a manner appropriate to their gender identity is a factor that the College will consider when determining if any transgression of this policy took place. In general, individuals in New York may change their names without having to go through a formal legal process, as long as the new name is used consistently and without intent to defraud others. Prefixes such as “Ms.” and “Mr.” and suffixes such as “Jr.” and “Sr.” do not have legal significance. When an employee is uncertain about which name, pronoun (he/ she; him/her) or title (Ms./ Miss/ Mrs./Mr.) to use in addressing or referring to a colleague, it is generally appropriate to politely ask the individual about his/her preference. Requesting proof of an individual’s gender, except when legally required, challenging an individual’s gender, or asking inappropriate questions about intimate details of an individual’s anatomy, are factors that the College will consider when determining if a violation of this policy occurred.

3.22 Rights to Accommodations for Victims of Domestic Violence, Sex Offenses or Stalking Individuals seeking accommodations under this policy should be guided by the following definitions: “Victim of domestic violence” shall mean a person who has been subjected to acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.

LIBI will not penalize or judge a victim of domestic violence, dating violence, stalking, or sexual assault.

LIBI will not refuse to hire or employ, bar or discharge from employment, or discriminate against an individual in compensation or other terms, conditions, or privileges of employment because of the actual or perceived status of said individual as a victim of domestic violence, or as a victim of sex offenses or stalking. In compliance with the New York City Human Rights Law Administrative Code of the City of New York Title 8 §8-107.1, LIBI will make a reasonable accommodation to the needs of victims of domestic violence, sex offenses or stalking to satisfy the essential requisites of a job, provided that the status of a victim of domestic violence or a victim of sex offenses or stalking is known to the College.

In order for LIBI to make an accommodation the College may require the employee requesting the reasonable accommodation to provide certification that the person is a victim of domestic violence, sex offenses or stalking. The employee requesting the reasonable accommodation must provide a copy of such certification to LIBI within a reasonable period after the request is made. The following documentation will satisfy the certification requirement for the purposes of requesting an accommodation under this policy:

• documentation from an employee, agent, or volunteer of a victim services organization, • documentation from an attorney, a member of the clergy, or a medical or other professional service provider, from whom the employee is seeking or has sought assistance in addressing domestic violence, sex offenses or stalking and the effects of the violence or stalking;

• a police or court record; or • other corroborating evidence. All information provided to LIBI pursuant to this policy, including a statement of the employee requesting a reasonable accommodation or any other documentation, record, or corroborating evidence, Long Island Business Institute | Employee Handbook 2018 - 2020

and the fact that the employee has requested or obtained a reasonable accommodation, shall be retained in the strictest confidence by LIBI, except to the extent that disclosure is requested or consented to in writing by the employee requesting the reasonable accommodation; or otherwise required by applicable federal, state or local law. Employees seeking accommodations under this policy should speak to the President of the College, the Provost, or the employee’s immediate supervisor.

3.23 Safety and Security of Victims of Domestic Violence, Sex Offenses or Stalking Every case of domestic violence, sex offense and stalking experience is unique, and every employee in this situation will face different circumstances and needs.

LIBI cares deeply about its employees' safety. Many LIBI employees have been properly trained to handle situations of domestic violence, sex offense or stalking. A helping hand will always be available at LIBI.

LIBI strongly encourages employees who are or have been victims of domestic violence, sex offense or stalking to speak with professionals who are trained in the dynamic process of safety planning. LIBI does not have sufficient resources to handle individual domestic violence, sex offense or stalking safety planning, but the College will try to assist in appropriate ways. Safety planning is an ongoing process. LIBI strongly urges that any affected employee, in conjunction with an advocate or expert, should consider every aspect of his or her day to assess safety concerns. Through the safety planning process, an employee may identify ways that LIBI can help to make the employee’s life safer, such as changes to schedule or other accommodations. An employee who obtains an order of protection should notify the College, so that LIBI can ascertain whether the terms and conditions of the order affect the employee’s job duties in any way, or if the violence, stalking or sexual assault necessitates a temporary or permanent revision of job duties.

3.24 Health and Safety It is the policy of LIBI to provide and maintain safe and healthy working conditions, equipment and systems of work for all employees and to provide such information, training and supervision as they need for this purpose. To further this goal, it is our intention to meet or exceed any standards set forth in health and safety laws and regulations of governmental agencies. All contractors, subcontractors, vendors and their employees must also meet or exceed the standards set out in such laws and regulations. Every employee when at work has a duty to take reasonable care for their health and safety, and the health and safety of others who may be affected by their acts or omissions. Every employee has a duty to cooperate to enable the College to meet our statutory responsibility for health and safety.

LIBI will ensure that all managers and supervisors are advised of their responsibilities in maintaining a safe working environment in areas under their control.

3.25 Workplace Security It is every employee’s responsibility to help keep our workplace secure from unauthorized intruders. Every employee must comply with LIBI’s security precautions. In the event that a security concern, threat or hazard arises, employees are urged to notify their immediate supervisor or a senior member of LIBI’s administration immediately, or as soon as feasible. Every employee and person on LIBI’s premises is encouraged to report incidents of threats or acts of physical violence of which he/she is aware. Employees do NOT have to be involved in the situation to report it! LIBI will maintain confidentiality as far as allowable by law. Employees wishing to make a formal complaint should do so in writing to the Provost (all academic personnel and faculty) or to the President of the College. The formal written complaint should outline 46

Employee Handbook 2018 - 2020 | Long Island Business Institute

SAFETY & SECURITY OF VICTIMS OF DOMESTIC VIOLENCE, SEX OFFENSES, OR STALKING If you have obtained a protection order or injunction against another person, or are experiencing violence in your life:

• Talk with a domestic or sexual violence advocate/counselor. An ad-

vocate can help you sort things out and take measures to plan for your immediate and ongoing safety. You can obtain a list of referrals by talking with the Dean of Student Services, the Provost, a trusted supervisor, or the President of the College.

• Inform our designated contact about the order or the violence. The Director of Operations and Institutional Effectiveness and the Dean of Student Services are designated staff and serve as contacts regarding violence. Otherwise, tell a trusted supervisor or colleague.

• Consider obtaining a protection order if you have not done so and if you believe that it will improve your safety.

• Provide a copy of the protection order to the Director of Operations

and Institutional Effectiveness, the Dean of Student Services or to your supervisor. Let them know what they can do to help you increase your safety at work.

• To the extent possible, we will keep all communications about the violence confidential.

• Keep a copy of the protection order with you at all times. If you drive, keep a copy in your car as well.

• Discuss with us what changes to your schedule, work location, or other matters might help increase your safety.

• Ask us about leave and accommodations to address matters related to the violence.

• Save all voicemails, emails, texts, or other contacts from a respondent that might be relevant in obtaining or enforcing your protection order or in other legal proceedings.

• Evaluate your whole day for safety risks, starting with your commute to work and including your commute home.

• Continue to safety plan and re-evaluate your safety and risks on a

regular basis, in consultation with your professional domestic or sexual violence advocate. You may also wish to contact the New York State coalition against domestic violence by visiting http://www.ovw.usdoj.gov/

statedomestic.htm and http://www.ovw.usdoj.gov/tribal_coalitions.htm

• Know your rights. A reference guide can be found at http://www.legalmomentum.org/assets/pdfs/referenceguide.pdf

• Court assistance with other matters. Through a protection order, a

judge may be able to require your abuser to turn over documents you need as well as order economic support and custody.

Long Island Business Institute | Employee Handbook 2018 - 2020

the employee’s concerns and alleged violations. When filing a formal complaint it is of paramount importance to provide a sufficient amount of information and specific detail to allow for an expedient handling of the concern. Remember that the old adage, “prevention is the best medicine”, can be effectively applied to workplace security. Simple preventative measures, such as alerting your supervisor and the front desk staff if you intend to stay in your work area past your department’s usual operating hours, will ensure that someone will check in on you. Access to the College and your workplace outside of the normally scheduled hours is limited to those employees who need to work late and who have been asked to do so or who have permission to do so. It is the employee’s responsibility to inform the front desk personnel of any schedule changes. If we do not know that you intend to work beyond our normal hours of operation, we cannot take appropriate steps to ensure your safety. Employees are allowed to have an occasional visitor in the workplace, but workplace visits should be the exception rather than the rule. All visitors must comply with the Visitors Policy without exception.

3.26 Visitors and Guests Policy All visitors must report with the security or front desk in the main building to sign in and/or receive a visitor’s ID badge.

LIBI’s main concern is the safety of our students and employees. All employees are expected to cooperate with the visitor procedures outlined below because they will ensure a safer and less-disruptive work environment for all. All visitors must report to the main reception desk (fifth floor in the Main Building, front desk reception in the Annex Building, front desk at the Commack Campus, and second floor front desk at LIBI NYC) to sign in and receive a visitor’s identification badge. Registration allows LIBI to control the flow of visitors and to help the college document the specific locations visited by our guests to help us identify who is in our buildings if there is a catastrophic event. Anyone who is NOT a currently enrolled LIBI student, or an active LIBI employee, must sign in. All guests and visitors must present the reception desk staff with a valid ID. The following are considered valid forms of identification: current photo ID card from a state or federal government agency such as driver’s licenses (any state), motor vehicle IDs for non-drivers, passports, US Resident Alien Cards, or military photo IDs. If the visitor does not have an acceptable photo-identification, the employee expecting the visitor must approve the visit by signing their approval in the space provided in the log. Once the visitor has signed in, the employee expecting the visitor will be alerted. Employees must meet their visitor by the reception sign-in desk and must accompany their visitor at all times until he/ she returns to the reception desk to sign out. Upon leaving the building, the visitor badge must be returned and the visitor must sign out. Employees must obtain permission from their supervisor before bringing visitors into their department. Permission of other department heads must be obtained BEFORE bringing a visitor to other areas of the campus.

3.27 Children in the Workplace The presence of children in the workplace with the employee parent during the employee’s workday is inappropriate and is to be avoided. This policy is established to avoid disruptions in job duties of the employee and co-workers, reduce property liability, and help maintain the College’s professional work environment. From time to time employees may bring their children to visit them at their office, provided that the visits are infrequent, brief and planned in a fashion that limits disruption to the employee’s department and to the College as a whole. Any employee wishing to host their child for a brief visit at the campus must first let his/her immediate manager know so that the visit is planned and approved. While children are in the workplace, they must be directly supervised by the parent at all times. If the frequency, length or nature of visits becomes problematic, the employee will be advised of the situation and will be expected to take corrective action.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Employees are not permitted to bring ill children to work. This policy is not to be interpreted as, or utilized as, a backup childcare arrangement. Employees are provided paid time off benefits which should be used when you don’t feel well or when you must care for an ill child.

3.28 Personnel Records and Administration The Long Island Business Institute maintains a personnel file on each employee. The purpose of this file is to allow us to make decisions and take actions that are personally important to you, including notifying your family in case of an emergency, calculating tax deductions and withholdings, and any other employment documents. If you are part of the administrative staff and are stationed at the Main Campus in Flushing, your personnel file is physically kept in the President’s office. At LIBI NYC staff folders are kept by the Director of Operations and Institutional Effectiveness. At the Flushing campus and in LIBI NYC faculty folders are kept in the Provost’s office. If you have any questions about your personnel file, contact your immediate supervisor. At the Commack Campus, the Assistant Campus Director is the steward of all employee files. Faculty and staff stationed at the Commack campus should communicate with the Assistant Campus Director regarding any issues or documents contained in their personnel file prior to contacting the Flushing Campus.

3.29 Confidentiality of Personnel Files Because the information in your personnel file is by its nature personal, we keep the file as confidential as possible. We allow third-party access to your file only on a need-to-know basis. Examples of third-party access includes but is not limited to: state and federal audits associated with any review of LIBI’s operations or compliance with regulatory obligations, financial end-of-year audits, self-audits LIBI conducts as part of routine operations, representatives of accrediting bodies, and any others deemed by the College President or the Provost who have a legitimate “need to know.” Any person who wishes to inspect his/ her personnel file must request it in writing to Office of the President. You may view your file in the presence of the Director of Operations and Institutional Effectiveness or an appropriately ranking designee. Faculty and staff stationed at the Commack Campus should submit their request to view their files to the Assistant Campus Director or to the President of the College. In the event that an employee wishes to inspect their personnel file without notifying his/her immediate supervisor or the President, the employee should submit their request in writing directly to the Director of Operations and Institutional Effectiveness. The Director of Operations and Institutional Effectiveness will contact the employee to arrange for a mutually convenient time.

All personnel files are kept confidential. Any employee who wishes to view their file, must provide a written request to the Director of Operations and Institutional Effectiveness.

3.30 Change of Personal Data Because we use the information in your personnel file to take actions on your behalf, it is important that the information in that file be accurate. It is the responsibility of all employees to update all personal information as soon as changes occur. Please notify your immediate supervisor, as well as the Director of Operations and Institutional Effectiveness, whenever any of the following changes occur:

• your name; • your mailing address; • your phone number (including cell number); • your dependents; • the number of dependents you are designating for income tax withholding; • your marital status; • the name and phone number of the individual whom we should notify in case of an emer-

It is the responsibility of the employee to inform LIBI of any personal information changes, so that their personnel file is kept up-to-date.

gency.

Long Island Business Institute | Employee Handbook 2018 - 2020

3.31 Change of Data for Timely Warning Notifications Under the Clery Campus Safety and Security regulations each college is required to notify Faculty, staff, and students in the event of imminent or potentially dangerous situations. These notifications are referred to as Timely Warning notifications and require a current cell phone number. Employees that change their contact number and do not properly notify LIBI will not receive Timely Warning messages in the event of an emergency or immediate danger. LIBI will not be responsible for any harm or damage done caused by any incident if contact information is not updated. For further information see Section 9.3: What is the LIBI Notification System.

3.32 Employee Privacy Employees do not have a right to privacy in their workspaces or in any other property belonging to the Long Island Business Institute. We reserve the right to search LIBI’s property at any time without warning to ensure compliance with our policies, including those that cover employee safety, workplace violence, harassment, theft, drug and alcohol use, and possession of prohibited items. LIBI’s property includes, but is not limited to: desks, file cabinets, lockers, storage areas, and workspaces.

3.33 Employee Responsibility It is the duty and the responsibility of every LIBI employee to be aware of and abide by existing rules and regulations.

It is the responsibility of the employee to perform his/her duties to the best of his/her ability and to the standards as set forth in his/her job description or as otherwise established. Employees are encouraged to take advantage of all learning opportunities available and request additional instruction when needed. It is the employee’s responsibility to identify the need for additional training when it becomes apparent to the employee so that proper arrangements can be made. It is at the discretion of the direct supervisor to determine if the need for training is valid.

3.34 Responsibilities of Supervisors, Managers, and Directors Managers and Supervisors follow procedures and guidelines for understanding and addressing employee underperformance.

Although employment at LIBI is at-will, in many cases LIBI’s managers and supervisors try to work with the underperforming employee to rehabilitate that employee’s performance. This can be accomplished in many ways depending on the level of remediation required to bring the employee up to acceptable performance levels or to prevent a re-occurrence of undesirable behavior. If appropriate, a performance improvement plan (PIP), also referred to as a performance action plan, is sometimes drawn-up to give the struggling employee the opportunity to succeed while still holding him/her accountable for past performance. It is not always clear to the supervisor why an employee is performing poorly, and it is not always clear whether the problem stems from insufficient training, or a misunderstanding of job requirements, or simply because there were unforeseen roadblocks that interfered with the employee’s ability to perform his/her job well. If this is the case, the manager will allow for an open dialog and feedback from the employee to help determine whether the employee has been provided all the tools and resources necessary for him or her to be successful. PIPs may be used to address either failures to meet specific job performance-related issues or behavior-related concerns. PIPs may lead to several different outcomes, including improvement in overall performance, the recognition of a skills or training gap, or possible employment actions such as transfer, demotion or termination. Alternatively, a PIP may be used for employees who may be new to a role as a tool to communicate performance expectations. Depending on the performance deficiencies of the employee, the supervisor may chose to document each check-in meeting with the employee, where the employee will be asked to sign that a discussion took place. In instances where the employee is doing his or her best but just cannot meet one or more objectives, the supervisor may agree to extend a PIP for a few more weeks or months. This is a subjective decision based on the best professional judgment of the supervisor.

Employee Handbook 2018 - 2020 | Long Island Business Institute

If the supervisor determines in retrospect that the objectives were too hard or not completely within the employee’s control, the supervisor may decide to either extend the PIP or end the PIP due to the progress that was observed. If the supervisor determines the employee is not a good fit or is not really trying to improve even after all the exerted effort, then the supervisor may consider job reassignment, transfer or demotion or termination of the employees employment based on the specific circumstances. If the employee responds positively by meeting the objectives, the supervisor will formally close the PIP and allow the employee to continue employment. This is a positive occasion for the employee, however, the supervisor must be sure the employee understands that continued good performance is expected. In some cases, where the performance level is so poor, or where the employee misrepresented his/ her qualifications at the time of hiring rendering him/herself incapable, even with training, to perform the duties required in a proficient manner with the limited PIP timelines, that employee’s employment relationship with LIBI will be terminated. Because employment at LIBI is at-will, supervisors are responsible for ensuring that only responsible, qualified, individuals with a high level of integrity and self-control are retained.

3.35 Performance Evaluations In general, all managers/supervisors conduct Annual Performance Evaluations for their staff in the last month of the calendar year. Performance evaluation is a tool for the supervisors to provide feedback to their staff so that an action plan for improvement can be developed for individual employees, should the need exist. Managers/supervisors review the evaluation with individual employees on a one-on-one basis in a private setting. In the event that the employee does not agree with the ratings of the evaluation, or part of the evaluation, the employee is permitted to document the rebuttal on the evaluation form. The employee may also submit a written rebuttal separate from the evaluation form. The evaluation form along with the employee’s rebuttal will become a permanent record in the employee’s personnel file. In the event that the employee refuses to sign the performance evaluation, the manager/supervisor will note it accordingly on the evaluation form

Performance Evaluations form an integral part of your development as an employee.

New hires who have not worked for 90 days at the end of the calendar year will be exempted from the official year-end evaluation. The Annual Performance Evaluation form may be used to conduct an evaluation at the conclusion of the new employee’s probation period. All employees should receive a copy of their evaluations at the conclusion of the performance evaluation conference with their manager. The original evaluations are retained in the employee personnel files.

Long Island Business Institute | Employee Handbook 2018 - 2020

WORKPLACE VIOLENCE PREVENTION POLICY

PURPOSE The safety and security of LIBI employees is the top priority of this institution. Violence is a recognized danger to employees' mental and physical health, which compromises the ability to work in a safe and healthful environment. In addition, other individuals, such as vendors, contractors and visitors, who engage in business with the college, may also be adversely and dangerously affected by workplace violence. Therefore, to the extent reasonably possible, LIBI strives to offer an environment free of all violence, including acts of aggression, stalking and threats. LIBI maintains and strictly enforces zero tolerance for all acts of violence. The purpose of this policy is to define and outline the methods used by LIBI to prevent, reduce and respond to acts of violence. Through this policy, LIBI expresses employer-wide commitment for maintaining a workplace that is healthful and safe for all individuals working for or engaged in business with the college. PROHIBITED CONDUCT Any act of violence that creates a hostile working environment or impairs the physical or psychological health and wellbeing of others is expressly forbidden at LIBI. Any employee who exhibits violent behavior will be held accountable according to the college’s policy, as well as any pertinent local, state and federal regulations. For some types of violence, offenders may be subject to criminal charges, as well as workplace disciplinary actions. All threats and acts of aggression or violent behavior will be taken seriously and addressed immediately. Such threats or acts include, but are not limited to:

• Harming, bullying, stalking or threatening to harm any employee or visitor. • Physically striking, grabbing or pushing any employee or visitor. • Throwing objects or operating equipment with intent to harm others. • Coercion, kidnapping, rape or intimidation. • Symbols or gestures that communicate a stated or implied threat of physical or mental harm. • Threatening to damage or damaging LIBI property or the property of any employee or visitor. • Possessing an unauthorized firearm or any concealed weapon or incendiary device on the LIBI premises. • Verbally assaulting any employee or visitor of this facility. or enforcing your protection order or in other legal proceedings.

SCOPE OF VIOLENCE COVERED BY THIS POLICY There are many forms of workplace violence, although typically all violence falls into one of several categories:

• TYPE 1 - Criminal Intent: Violent acts by criminals who have no other connection with the workplace but to enter to commit a robbery or other crime.

• TYPE 2 - Visitors/contractor/vendor: Violence directed at employees by visitors, contractors, students, or any others who have a business relationship with the college.

• TYPE 3 - Co-Worker: Violence against co-workers, supervisors or managers by a present or former employee. • TYPE 4 - Personal: Violence in the workplace by a non-employee who has a personal or intimate rela-

tionship with a worker, such as acquaintances or family members. Domestic violence is included in this category.

This policy covers all categories of violence, including domestic violence, occurring in the workplace or while in the course of job duties, as well as certain acts of violence that occur outside the workplace that impact employees or persons affiliated with this facility.

Employee Handbook 2018 - 2020 | Long Island Business Institute

This facility recognizes that threats, stalking, verbal abuse or other forms of violence may also be perpetrated through methods such as electronic, postal mail or telephone communications. Therefore, LIBI vigorously investigates all claims and reports of violence equally, whether these alleged acts of violence occurred in person or through other means of communication. CONSEQUENCES As workplace violence has many forms, each report of violence will be fully investigated and documented as to the findings. In some cases of violence or alleged violence, the appropriate federal, state or local authorities will assist in these investigations. An employee who exhibits violent behavior may be subject to criminal charges and prosecution and shall be subject to disciplinary action up to and including termination of employment. Threats or violent acts by a visitor, member of the public or other non-employee may result in criminal prosecution. Employees who make threats or commit violent acts against other employees when away from work may also violate LIBI’s code of conduct and may be subject to disciplinary actions up to and including termination, as well as possible legal charges. LIBI strictly forbids any form of retaliation against any person who files a complaint regarding workplace violence. Any employee found to be retaliating against others shall be subject to immediate disciplinary actions up to and including termination of employment. APPLICATIONS Standards set forth in this policy designate conduct and outline practical precautions to prevent or respond to workplace violence. LIBI’s workplace violence prevention program, including this policy, reporting criteria and prohibited behavior applies to all threats and violence, whether in the workplace or through the course of job duties. LIBI defines the "workplace" as any location away from an employee's domicile, permanent or temporary, where an employee performs any work-related duty in the course of his or her employment. The term "employee" is defined as any member of the staff or faculty, supervisor or member of management, full or part-time working for LIBI. Violations of this policy may also include the termination of contracts or removal of third party vendors or contractors. The policy and subsequent disciplinary procedures may also apply to off duty conduct, which includes violence against employees or persons affiliated with LIBI. In cases where there is a correlation between off-duty conduct of this nature and the individual's employment with this facility, the off-duty conduct may lead to corrective action or discipline, up to and including termination of employment. ROLES AND RESPONSIBILITIES Workplace Violence Prevention Program Administrator LIBI’s Safety Officer is the Administrator of the college’s Workplace Violence Prevention Program and is responsible for the implementation of this policy. LIBI’s Safety Officer ensures all members of the college are aware of this policy, oversee appropriate investigation of all reports of violence and aid in corrective measures for security purposes. Training for all supervisors, managers and employees is conducted by LIBI’s Safety Officer. Responsibilities of the Administrator include:

• Performing risk evaluation of the workplace to determine the presence of factors or situations that might place employees at risk of workplace violence;

• Evaluating the workplace readiness for dealing with workplace violence; Long Island Business Institute | Employee Handbook 2018 - 2020

• Developing appropriate reporting criteria for incidents of workplace violence; • Creating the workplace violence prevention program, including the policy, training protocol and security procedures to support the program and safety of employees;

• Assessing incidents to prevent future occurrences; • Overseeing the prevention, intervention and interviewing techniques in responding to workplace violence;

• Distributing workplace violence prevention tools (such as pamphlets, guidelines and handbooks) to assist in recognizing and preventing workplace violence;

• Establishing an Employee Assistance Program for aiding victims or witnesses to violence; • Conducting scheduled workplace violence prevention training sessions for employees; and • Notifying and assisting the appropriate authorities of workplace violence incidents. Supervisors LIBI’s supervisors are responsible for responding to victims and for assisting in all levels of program implementation. Under the direction of the Safety Officer, Supervisors act as support team members in investigations. Responsibilities of Supervisors include:

• Reporting all incidents of workplace violence immediately to the Safety Officer; • Responding to victims; • Assisting in intervening to prevent or reduce violence; • Securing the facility against crime or acts of violence; • Notifying authorities if there is a life-threatening emergency; • Supporting the investigation process for reports of workplace violence; • Documenting all incidents of workplace violence that occur in their departments; and • Ensuring all employees under their direction are aware of the policy and follow the procedures for acceptable conduct.

Supervisors are trained in workplace violence awareness and prevention, non-violent crises intervention and appropriate methods to support the workplace violence prevention program. Supervisors must report to the Safety Officer any complaint of workplace violence made to him or her and any other incidents of workplace violence of which he or she becomes aware or reasonably believes to exist. After having reported such complaint or incident, the supervisor should keep the incident confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings. Failure of a supervisor to report any incident or suspected occurrence of workplace violence may result in administrative action including possible discipline, up to and including termination. Employees Employees, along with supervisors and management, have an equal responsibility for maintaining a safe and healthful workplace. The responsibilities of employees in preventing or reducing workplace violence include:

• Understanding and adhering to the requirements of the workplace violence prevention program. • Identifying the risk factors in their workplace. • Following LIBI’s security procedures to minimize or prevent acts of violence. • Attending and actively participating in training provided by the college. • Reporting any act of violence, criminal behavior or suspicious activity to supervisors or the Safety Officer.

Employee Handbook 2018 - 2020 | Long Island Business Institute

• Reporting to the Safety Officer any personal factors, such as domestic violence and protective orders, that may pose a threat to the workplace.

REPORTING PROCEDURES No incident of threats, aggressive behavior or any form of workplace violence should be minimized or ignored by any member of LIBI’s employees. Workplace violence should promptly be reported to the appropriate supervisor or Safety Officer. Employees are also encouraged to report behavior they believe poses a potential for workplace violence to allow the college to assess the situation and possibly prevent an act of violence. Procedures for Reporting an Act of Violence

• Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence should get to safety if possible, and then call security or 911 immediately.

• Any victim of workplace violence that involves weapons or personal injury should immediately call 911 and then report the event to their supervisor or the Safety Officer.

• Any threat or act of violence that has been witnessed, received or observed should be reported to the supervisor or the Safety Officer as soon as possible.

Once a report is received by the Safety Officer or a supervisor actions shall be as follows:

• Determination shall be made if a violent act or threat to commit a violent act has occurred. • The Safety Officer shall notify the appropriate authorities if a violent act or threat to commit a violent act has occurred.

• If evidence suggests the individual has made a substantial threat, exhibited threatening behavior or en-

gaged in violent acts on LIBI property, the individual shall be subject to removal from the premises as quickly as safety permits, pending the outcome of an investigation.

• All reports of workplace violence, including verbal abuse and harassment, will be thoroughly investigated. Investigation may include witness and victim interviews, examination of evidence and other relevant information.

• Disciplinary action, including workplace consequences and/or criminal prosecution and/or civil prosecution, will be determined and delivered as appropriate under this policy.

• Additional security measures or appropriate methods to prevent or minimize a potential act of violence shall be considered and adopted as necessary.

• Victims and witnesses to violence shall be debriefed and offered services of the Employee Assistance Program.

If an investigation has concluded and an employee feels there is a potentially violent situation that is still unresolved, the employee should contact the Safety Officer as soon as possible. All reports of unresolved violence will be further evaluated by the Safety Officer and the Provost. If a report of violence is made in good faith and is found to be erroneous, the reporting employee shall not be subject to discipline. Retaliation or discipline is strictly forbidden against any person who makes a good faith report of unsafe, criminal or potentially violent actions in the workplace. However, if an individual intentionally makes a false and malicious complaint of workplace violence, as opposed to good faith reporting, the individual may be subject to disciplinary actions. EMPLOYEE ASSISTANCE PROGRAM LIBI maintains an Employee Assistance Program (EAP), which provides referrals in the community for victims of workplace violence to have access to counseling services, should they request it. The EAP is also available for anger management services to prevent or minimize acts of violence and other mental health issues.

Long Island Business Institute | Employee Handbook 2018 - 2020

4. EMPLOYEE CODE OF ETHICS AND CONDUCT 4.1 Message from the Board of Directors of LIBI

Dear Employees of the Long Island Business Institute, Long Island Business Institute is proud of its reputation as a school that strongly values integrity, respect, and truthfulness. This reputation enables us to produce successful students, maintain the confidence of the employers that hire them, and retain the highest quality employees. Long Island Business Institute Employee Code of Ethics and Conduct outlines the general ethical standards that all of our employees are expected to live by. While this Code does not address all ethical concerns that you may face during your employment, we hope it will give you the information you need to make ethical decisions on a daily basis. And, we hope you will feel comfortable asking for guidance whenever you need help. When you face an ethical dilemma, we hope you will use the “front page” test. If you would not want your children and parents to see an article on the front page of your hometown newspaper describing an action you took or failed to take, let that be your guide. We can all sleep better at night knowing that we all act ethically during the day. Thank you for helping the Long Island Business Institute continue its commitment to a workplace that sets a positive example for our students and community. Sincerely, Long Island Business Institute Board of Directors

Long Island Business Institute has a policy to observe all laws, rules, and regulations of government agencies and authorities. This specifically includes requirements under the Higher Education Act, as amended, regulations of the United States Department of Education, the policies of accrediting agencies, as well as New York State Education regulations and policies and other federal laws. If federal, state or local law exists that is either contradictory or stricter then this policy, employees must apply the law.

4.1.1 Seeking Clarification When complex situations arise, LIBI employees should reflect before taking any action. All actions should be consistent with LIBI’s core values and mission. To offer guidance in helping employees determine whether an act is consistent with LIBI’s core values, consider the following:

• How would my action appear to the other members of LIBI? • Could my action harm the reputation of LIBI? • Is my action, involvement, or inaction legal and ethical? • Could I justify my decision using existing College policies? • Is this something I should be acting on alone or without consulting with senior colleagues or with my supervisor?

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.1.2 False Claims Employees must avoid making any false or unverified claims, deliberately or unintentionally, to other employees, current, former and prospective students, and any parties that have a formal relationship with the College. These false or unverified statements can be related to any information regarding the College, its employees, or current, former and prospective students. If the College can reasonably prove that such claims are intentional, regardless of reasons, the employee will be subject to disciplinary actions up to and including termination. If the college believes that the employee made these claims unintentionally, the college may decide to give a verbal or written warning depending on the severity of the transgression. Repeated offenses, even if unintentional, may result in termination of employment. Statements concerning the safety and security of the college community will be promptly and carefully investigated. Employees should feel free to report any concerns without the fear of reprisal.

4.2 Policy on Business Conduct Violations Violations of LIBI’s policies and regulations will be addressed promptly, consistently, and effectively. Depending on the severity of the transgression punishment may include suspension (with or without pay), involuntary separation from employment, or other appropriate discipline or performance management measures. All employees are expected to report wrongdoing or departure from policies as soon as they become aware of the situation. Reports should be made to department heads or immediate supervisors first; if the wrongdoing continues, employees are expected to alert members of the Executive Staff of the situation. Reports may be made anonymously but LIBI encourages all employees to come forward with their concerns and observations without the fear of reprisal. Once a report is made, a final update may be provided, if appropriate, to the person who reported the violation, if the report was not made anonymously.

Violations of LIBI’s policies and regulations will be addressed promptly, consistently, and effectively.

Employees who conceal misconduct, falsify records, knowingly make a false report, or fail to comply with LIBI’s policies also will be subject to disciplinary action, up to and including termination. Managers may be subject to disciplinary action if they do not adequately supervise their staff.

4.3 Policy on Communicating with Members of the Media and Outside Parties A reputation is the most important asset any company or institution possesses, and it also is one of the most difficult to protect. LIBI strives to anticipate and manage crisis situations in order to reduce disruption to our employees and to maintain our reputation as a high quality higher education institution. To best serve these objectives, LIBI will respond to the news media in a timely and professional manner only through the designated spokesperson. The designated spokesperson for LIBI is the President of the College. Should any event occur at one of our campuses that draws immediate attention from the news media, it is imperative that one person speaks for the College to deliver an appropriate message and to avoid giving misinformation in any media inquiry. While reporters sometimes may claim to have a relationship with the College and may ask questions about whatever may be happening, good reporters always identify themselves prior to asking questions. Every employee is expected to adhere to the following media policy: Answer all media/reporter questions like this: “I am not authorized to comment for the Long Island Business Institute (or I don’t have the information you want). Let me have our President’s office staff contact you.” Employees should also provide the President’s e-mail address to the individual making the inquiry.

Long Island Business Institute | Employee Handbook 2018 - 2020

4.4 Policy on Dealing Fairly With Students and the Public Integrity, honesty and fairness in communication is crucial.

When communicating with potential students, current or former students, and the public remember that the LIBI brand stands on its own merit. LIBI expects everyone to abide by a simple rule: if you don’t know the answer to a question being posed, find someone who does. LIBI employees should never conceal information or give answers they are not 100% certain are correct. It only takes a moment to find the right answer from another member of the LIBI team!

• Every LIBI employee is expected to be truthful, without embellishment or omission, when representing the nature and quality of LIBI’s programs, student support services, graduation requirements, tuition liability and costs of attendance, terms of enrollment, and all other information relevant to a potential, current, or former student.

• Avoid even inadvertently misleading potential students, active or former students by only making claims about LIBI’s programs and services that you know to be true.

• LIBI competes on the merits of our programs, the excellent quality of our teaching, and

extensive student services and academic support we provide. Employees are expected to use caution in discussing a competitor’s programs and services with the public. Employees must use information concerning competitors in a manner that is lawful, fair, and consistent with LIBI’s policies.

• Maligning others will not add value to what we do; therefore, all employees are expected

not make false claims or remarks that unfairly disparage LIBI’s competitors or that improperly interfere with a competitor’s business relationships. However, you may point out legitimate weaknesses in a competitor’s programs or operations should that become necessary.

• All

employees are expected to respect the trade secrets and non-public information of others, and avoid unauthorized use of patented, copyrighted, privileged, or confidential information belonging to competitors.

4.5 Discrimination and Harassment

• Long Island Business Institute prohibits discrimination and harassment of students

or employees whether or not the incidents occur on LIBI premises and whether or not the incidents occur during business hours.

• Long Island Business Institute follows federal, state, and local law to ensure equal

recruitment, employment, compensation, development and advancement opportunity for all qualified individuals, and prohibits deliberate harassment based on protected categories of race, color, sex, gender (including gender identity and expression), pregnancy, religion, creed, national origin, age, alienage and citizenship, status as a perceived or actual victim of domestic violence, disability, marital status, sexual orientation, military status, partnership status, genetic predisposition or carrier status, arrest record, or any other legally protected status.

4.6 General Guidelines People who work together have an impact on each other’s performance, productivity, and personal satisfaction in their jobs. In addition, how our employees act toward current and prospective students will influence whether those relationships are successful for LIBI. As an important member of LIBI, you are expected to accept certain responsibilities, adhere to acceptable business practices, and exhibit a high degree of integrity. Because your conduct affects many people other than just yourself, we expect you to act in a professional manner whenever you are on LIBI property, conducting LIBI business, or representing LIBI at business or social functions. Although it is impossible to give an exhaustive list of everything that professional conduct means, it does, at a minimum, include the following: 58

Employee Handbook 2018 - 2020 | Long Island Business Institute

• following all of the rules in this Handbook; • refraining from commonly defined rude, offensive, or inappropriate behavior; • refraining from ridicule and hostile jokes; • treating coworkers, students, and vendors with patience, respect, and consideration; • being courteous and helpful to others, and; • communicating openly and honestly with supervisors, managers, and coworkers regarding potential problems.

Individuals who act unprofessionally will face disciplinary action, up to and including termination of employment. The success of LIBI depends in great part on the loyalty and good will of our students. As a result, we expect all LIBI employees to behave in the following manner when interacting with students:

• to treat all students with courtesy and respect; • to always be helpful and cheerful toward our students; • to always exercise the highest level of professionalism and discretion when dealing with our students;

• to avoid fraternizing and entering into personal relationships with our students on and off campus;

• to encourage our students to grow professionally and personally by leading by example. 4.7 Books and Records

• Accurate and Complete Business Records – Employees must act in good faith not to

misrepresent material facts in Long Island Business Institute’s books and records or in any internal or external correspondence, memoranda, or communication of any type, including telephone or electronic communications.

• Financial

Reporting – All Long Island Business Institute funds, assets, liabilities and receipts must be recorded in accordance with generally acceptable accounting procedures.

• Proper Maintenance of Records – Long Island Business Institute maintains documents

in accordance with all applicable laws and regulations. If Long Island Business Institute employees receive a subpoena, a request for records, or other legal documents, or surveillance footage, or if we have reason to believe that such a request or demand is likely, the law requires Long Island Business Institute to retain all relevant records and contact the Director of Operations and Institutional Effectiveness.

• Cooperation with Auditors – Long Island Business Institute employees must cooperate fully with internal and outside auditors during examination of LIBI’s books, records, and operations.

4.8 Admissions Process

• Business Communications – Employees must not make public statements regarding is-

sues or matters of Long Island Business Institute about which they are not authorized spokespersons.

• Advertising

and Marketing – Long Island Business Institute’s policy takes necessary steps to assure that all advertised products or services in any of its literature, exhibits or other public statements is true, supported by documentation, and does not mislead potential or current students.

4.9 Privacy and Confidentiality Confidential Information- Long Island Business Institute employees must exercise care to avoid disclosing non-public, internal, secret, or proprietary information related to Long Island Business InLong Island Business Institute | Employee Handbook 2018 - 2020

stitute or its students to unauthorized persons, either within or outside Long Island Business Institute during employment or afterwards, except as such disclosure is legally mandated or approved by the college. Employee Access to Confidential Information- Only Long Island Business Institute employees that truly need to know confidential information to conduct their business have access to confidential information and must take necessary steps to keep this information private and confidential. Confidential Information of Employees- Employment and medical records of Long Island Business Institute employees are confidential and private. Medical Records may only be disclosed if the employee provides a written release or required by applicable law. Financial Information of Current and Former Students must be protected as required by privacy laws and regulations.

4.10 Confidentiality of Student and Employee Information Confidentiality of student records is not just good policy, it is the law.

LIBI recognizes that confidentiality of student and employee information is vital. This policy outlines the standards of confidentiality expected of all LIBI Faculty and staff. Under Federal law (FERPA - the Family Educational Rights and Privacy Act of 1974 as amended, also known as the “Buckley Amendment”), every institution of higher education is responsible for safeguarding the confidentiality of student records. Employees may be permitted access to confidential student records if, under the college’s guidelines, these employees have a “legitimate educational interest” that will be served by allowing them such access. More information about FERPA can be obtained by accessing: http://www2.ed.gov/policy/gen/reg/ferpa/index.html Although not encompassed by FERPA, employee records are always considered confidential and will not be released to any outside individuals or organizations unless LIBI is authorized to do so by the employee. Exceptions on the release of information may be made to cooperate with properly identified law enforcement officials; to cooperate with federal, state and local governmental agencies; or to comply with court orders or subpoenas.

4.10.1 Requirements Under the Law The summary below covers pertinent information regarding confidentiality of student information. Please see the current College catalog for LIBI’s full FERPA disclosure. The following types of information are confidential:

• Student records; • Verbal discussions of student information; • Social Security Numbers [1]. Information in student records is available for uses that are directly related to education duties. An individual may share information in student records with other LIBI personnel who also have official duties that require them to have access to records. An employee may not disclose any portion of student confidential educational record information to any person outside of LIBI.

4.10.2 What Is Classified as an Educational Record? Just about any information provided by a student or created by LIBI for use in the educational process is considered a “student educational record” including:

Student Social Security Numbers are not to be utilized as identification nor are they to be put into e-mail messages under any circumstances.

Employee Handbook 2018 - 2020 | Long Island Business Institute

• Personal information • Enrollment records • Grades • Class schedules • Disciplinary records • Transcripts Student information held in physical folders or stored in LIBI’s electronic database is equally protected under FERPA. Educational records (including grades, financial information, and disciplinary records) cannot be released to parents, guardians or other interested parties without the specific written permission of the student.

4.10.3 When Is Consent Not Necessary? Employees should refer all outside questions regarding any student information to the Registrar office staff. Please be mindful that parents, spouses, siblings or children should never receive information about the student unless the student has given LIBI explicit written permission to share their information with such specified individuals. Employees who receive inquiries from students’ relatives must refer those individuals to the Registrar. The law does, however, allow colleges to release confidential information to certain government authorities in case of certain types of emergencies. There are special procedures and recordkeeping requirements for such disclosures; therefore, if you are ever contacted by the police, public health officials, or others seeking confidential student information, always refer them to the Registrar or to the Dean of Students for student information. Rule of thumb is that no employee should release any information without checking with the Registrar first. Under the law, students have a right to inspect their records and to receive copies of their records. However, there are established procedures for this, including photocopy fees, established by LIBI. Should you receive a request from any student that relates to the content of his/her student file, please direct the student to the Registrar. ONLY the Registrar’s Office is authorized to receive and fulfill student requests for copies of any items in the student file.

4.10.4 What Information Can LIBI Release Without Consent? There are several exceptions to FERPA’s general “prior consent” rule that are outlined in the FERPA regulations. One exception is the disclosure of “directory information” if the school follows certain procedures set forth in FERPA. (34 CFR § 99.31(a)(11). “FERPA regulations define ‘directory information’ as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, ‘directory information’ includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. A school may disclose ‘directory information’ to third parties without consent if it has given public notice of the types of information which it has designated as ‘directory information’ the parent’s or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as ‘directory information.’ The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook.” http://www2.ed.gov/policy/gen/guid/fpco/faq.html LIBI’s “directory information” list is published in the College catalog. Students also receive an annual notification from LIBI informing them of their rights under FERPA. This notification also includes the list of things that LIBI considers to be “directory information.” Students have the right to ask LIBI to withhold and not release their “directory information”

Long Island Business Institute | Employee Handbook 2018 - 2020

by writing to the Registrar. The request is valid for one year, and it is the student’s responsibility to renew the request every year. Students making this request are put on a Do Not Disclose List. LIBI considers the following as “directory information”:

• Student’s name • Address • Telephone number • Date and place of birth • Honors and awards • Dates of attendance [2] 4.11 Employee and Student Relationships Sexual or romantic relationships between active students (students attending classes or on a leave of absence) and staff members is strictly prohibited by this policy. This policy applies to consensual, romantic, and/or sexual relationships between individuals of the same sex or of the opposite sex. Regardless of who initiates the relationship, the employee is responsible for complying with this policy. In an event of a pre-existing romantic or sexual relationship between an employee and a prospective student, the Director of Operations and Institutional Effectiveness should be notified prior to the student commencing studies at LIBI. If a romantic/sexual relationship is found to exist between any LIBI employee and student, LIBI will take corrective action, up to and including termination of the employee’s employment.

4.12 Socializing with Students In order to prevent sexual (and other forms of) misconduct between employees and students, socializing with students outside of work and on all social networking sites is strictly prohibited. Further to this policy:

• Employees

must restrict electronic communications with students to student e-mail accounts and systems provided by LIBI;

• Employees may not use personal wireless communications devices to “text” or communicate with students;

• Employees are prohibited from initiating contact with students through online social networking sites;

• Employees must decline or disregard invitations from students to socialize through texting and social networking sites;

• Employees may not knowingly engage in online gaming with students. 4.13 Workplace Relationships Consenting “romantic” or sexual relationships between a supervisor/manager and an employee may at some point lead to unhappy complications and significant difficulties for all concerned - the employee, the supervisor/manager and for Long Island Business Institute. Any such relationship, therefore, is contrary to the best interests of all parties involved. Accordingly, the Long Island Business Institute strongly discourages such relationships and any conduct between its employees that may develop into a romantic or sexual relationship. Such relationships are especially discouraged, between a manager and one of his/ her employees.

2 “Dates of attendance” refers to the period of the enrollment not daily attendance or class schedule.

Employee Handbook 2018 - 2020 | Long Island Business Institute

By its discouragement of romantic and sexual relationships, LIBI does not intend to inhibit the social interaction (such as lunches or dinners or attendance at industry events) that are or should be an important part or extension of the working environment. If a romantic or sexual relationship between a supervisor/manager and an employee should develop, it is the responsibility and mandatory obligation of the supervisor/manager to promptly disclose the existence of the relationship to the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director. The employee may make the disclosure as well, but the burden of doing so shall be upon the supervisor/manager. The Provost, the Director of Operations and Institutional Effectiveness, or the Assistant Campus Director shall inform others with a need-to-know of the existence of the relationship, including all cases where the manager is responsible for the employee’s work assignments. Upon being informed or learning of the existence of such a relationship, the Provost, the Director of Operations and Institutional Effectiveness, or the Assistant Campus Director may take all steps that he/she, in his/her discretion, deems appropriate. At a minimum, the employee and supervisor/manager will not thereafter be permitted to work together on the same matters (including matters pending at the time of the disclosure of the relationship is made), and the supervisor/manager must withdraw from participation in activities or decisions (including, but not limited to: hiring, evaluations, promotions, compensation, work assignments and discipline) that may reward or disadvantage any employee with whom the supervisor/manager has or has had such a relationship. This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship of the kind described.

4.14 Accepting Gifts LIBI complies with all applicable laws and regulations and expects its supervisors, managers, directors, officers, staff, and Faculty to conduct business in accordance with the letter and spirit of relevant laws and to refrain from dishonest or unethical conduct. Employees are expected to act in a manner which will inspire student trust in their integrity, impartiality, and dedication to the best interests of LIBI, its students, and fellow coworkers. From time to time employees may receive gifts of appreciation from students. It is the preference of LIBI that employees discourage the practice. In unavoidable circumstances, however, employees may accept unsolicited gifts, other than money, that conform to reasonable ethical practices. Some examples of “reasonable” include:

Gift giving and receiving must be consistent with the letter and spirit of the law; ethics and honesty, and the avoidance of any ethical conflicts are of paramount concern.

• Flowers; • Gifts of nominal value, such as calendars, pens, or mugs; • Other modest tokens that commemorate a special occasion. In general, as an important member of the LIBI team, you are expected to accept certain responsibilities. The use of good judgment based on high ethical principles and a high degree of integrity should be the guide with respect to accepting gifts. In addition to abiding by LIBI’s gift policy, use common sense in giving and accepting gifts in the context of business relationships. Do not accept any gift that could compromise your objectivity in making decisions on behalf of LIBI, that creates the appearance of impropriety, or that violates the law. If a situation arises where it is difficult to determine the proper course of action, the matter must be disclosed to your immediate supervisor or the President of the college in order to preclude any real or apparent conflict of interest.

4.15 Social Functions on LIBI’s Premises LIBI recognizes that employees may wish to arrange social functions on campus during regular business hours to celebrate special events, such as baby showers, retirements and other special occasions. Long Island Business Institute | Employee Handbook 2018 - 2020

This policy sets out parameters and procedures for such events. Nothing in this policy should be read to limit the rights of employees under federal, state or local labor and employment laws. Further, LIBI reserves its right to maintain and enforce valid no-solicitation and no-distribution rules consistent with federal labor laws. Employees should be guided by the following when planning department celebrations:

• Social events held on LIBI’s premises and during regular business hours are to be limited to special occasions only.

• Departmental celebrations of employee birthdays should be held within the departmental area or off campus during regular lunch break times. Such organized lunches should be limited to the normal time allowed for lunch.

• Such events are to be held during regular lunch break times or after business hours and should not result in a reduction or disruption in customer service in any department or function.

• LIBI’s funds will not be available for use for such functions with the exception of the company holiday party or BBQ.

• All arrangements for permissible events, other than college-sponsored functions, should be made by employees on a voluntary basis and on break time or other non-working time.

• Students should never be invited by employees to social functions not sponsored by the

College. Employees are expected to exercise only sound and responsible judgment when interacting with students. When determining if something is appropriate with respect to students, employees should always avoid making decisions or taking actions that would give the impression of improper conduct or impropriety.

4.16 Policy on Office Decorations Use moderation In decorating your work area.

LIBI may install appropriate seasonal decorations in public areas, such as at reception, in the lobby, and student lounges, as appropriate. Further, LIBI recognizes that employees may wish to use seasonal decorations in their own work areas. Employees should use moderation in decorating their workspaces to accentuate a professional and pleasant work environment without inhibiting or disrupting its intended use. Further, employees must be respectful of others’ beliefs and customs when choosing and displaying workplace-appropriate seasonal decorating. LIBI may request removal of decorations from individual or group work areas if such decorations are of an offensive nature or violate the spirit of this policy. Procedure:

• LIBI will provide appropriate seasonal decorations, such as flowers, greenery, or similar

type of seasonal secular decorations, in public areas, student lounges, or group work areas. Employees may not decorate these areas or other public or group work areas without the express prior permission of the Campus Events Coordinator or the Director of Operations and Institutional Effectiveness.

• LIBI will make every effort to avoid decorations of an overtly religious nature, instead choosing those reflecting more secular traditions.

• Employees

should apply similar principles in decorating personal workspaces, such as cubicles or offices, for seasonal or secular celebrations and will be asked to remove any decorations that are inconsistent with the spirit of this policy or are viewed as offensive by reasonable standards.

• Decorations in individual spaces should be limited so as not to detract from the regular functions of the office.

Employees are asked to remain focused on maintaining an environment of professionalism and respect for others throughout the year.

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.17 Policy on Solicitations LIBI prohibits the solicitation, distribution and posting of materials on or at any LIBI property by any employee or non-employee, except as may be permitted by this policy. The sole exceptions to this policy are charitable and community activities supported by LIBI and college-sponsored programs related to LIBI’s students, programs, or services. LIBI limits solicitation and distribution on its premises because, when left unrestricted, such activities can interfere with the normal operations of the college, can be detrimental to efficiency, can be annoying to other employees, and can pose a threat to security.

Among other concerns, LIBI’s solicitation policy addresses school safety.

All managers are responsible for administering this policy and for enforcing its provisions. Provisions:

• Persons who are not employed by LIBI are prohibited from soliciting funds or signatures, conducting membership drives, posting, distributing literature or gifts, offering to sell or to purchase merchandise or services (except by representative of suppliers properly identified), or engaging in any other solicitation, distribution, or similar activity on LIBI’s premises. Employees may only admit non-employees to work areas with management approval or as part of a college-sponsored program. These visits should not disrupt workflow. If approved, the employee must accompany the non-employee at all times. Former employees are not permitted onto LIBI’s campuses or property except for official LIBI business.

• Employees may not solicit other employees during work times, except in connection with a LIBI approved or sponsored event.

• Employees may not distribute literature of any kind during work times, or in any work area at any time, except in connection with a LIBI-sponsored event.

• The posting of materials or electronic announcements are only permitted with approval from the Director of Operations and Institutional Effectiveness or the Campus Events Coordinator.

• LIBI maintains Announcement bulletin boards to communicate college information to em-

ployees and to post notices required by law. An unauthorized posting of notices, photographs, coupons, posters, flyers, or other printed or written materials on bulletin boards or any other LIBI property is prohibited. All postings without a stamped approval will be removed. All requests to place materials on the announcement boards should be directed to the front desk personnel or the Campus Events Coordinator.

4.18 Violence Is Prohibited We will not tolerate violence in the workplace. Violence includes physical altercations, coercion, pushing or shoving, intimidation, stalking, and threats of violence. Any comments about violence will be taken seriously and may result in termination of employment. Please do not joke or make offhand remarks about violence. Anyone using violent language or any form of hate speech will be subject to a disciplinary hearing which may result in termination of employment that may not be appealed.

4.18.1 What to Do in Case of Violence If you observe an incident or threat of violence that is impending and serious, immediately call the Office of the President, the Provost, the Assistant Campus Director, or the Director of Operations and Institutional Effectiveness. If you are unable to reach someone, IMMEDIATELY DIAL 911 and report the incident to the police.

If the incident or threat does not appear to require immediate police intervention, please contact the Director of Operations and Institutional Effectiveness, the Provost, or one of the Deans in Flushing and NYC or the Assistant Campus Director in the Commack campus. You must report all incidents as soon as possible using LIBI’s complaint procedures. All com-

Long Island Business Institute | Employee Handbook 2018 - 2020

plaints will be investigated and appropriate action will be taken. You will not face retaliation for making a complaint.

4.18.2 Threatening, Abusive, or Vulgar Language We expect our employees to treat everyone they meet through their jobs with courtesy and respect. Threatening, abusive, or vulgar language has no place in our workplace. It destroys morale and relationships, and it impedes the effective and efficient operation of our College. As a result, we will not tolerate threatening, abusive, or vulgar language from employees while they are on campus, conducting LIBI business, or attending College-related business or social functions. If you have any questions about this policy, contact the Provost, the Director of Operations and Institutional Effectiveness, one of the Deans, or the Assistant Campus Director. Employees who violate this policy will face disciplinary action, up to and including termination of employment. See Section 4.51 for LIBI’s policy on cyberstalking, cyberharassment and cyberbullying.

4.18.3 Fighting Verbal or physical fighting between employees is absolutely prohibited. Employees shall not engage in, provoke, or encourage a fight. Those who violate this policy will face disciplinary action up to and including termination of employment.

4.18.4 Weapons and Dangerous Items No weapons are allowed in our workplace. Weapons include firearms, knives, martial arts equipment, clubs or bats, explosives, and any other items not mentioned that may be harmful or used as a weapon. Any employee found with an unauthorized weapon in the workplace will be subject to discipline, up to and including termination of employment.

4.19 Drugs and Alcohol

Employees are strictly prohibited by this policy from sharing their prescription medicine or over the counter medication with each other or with LIBI’s students.

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on the premises of the college is strictly prohibited. Any employee violating this policy will be subject to disciplinary action up to and including termination. The College does not differentiate between drug users and drug sellers. Any employee or student who gives or in any way transfers a controlled substance to another person or sells or manufactures a controlled substance while on LIBI’s premises will be subject to disciplinary action up to and including termination. The term “controlled substance” means any drug listed in 21 U.S.C. Subsection 812 and other federal regulations. Generally, these are drugs that have a high potential for abuse. Such drugs include but are not limited to heroin, marijuana, cocaine, PCP, and crack. They also include prescription drugs that are being consumed and/or distributed illegally. Each employee is required to inform the Provost or the President within five days after he or she is convicted for violations of any federal or state criminal drug statute where such violation occurred on LIBI’s premises. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal or state court. If an employee is convicted of violating any criminal drug statute while on campus, he or she will be subject to disciplinary action up to and including termination. Alternatively, LIBI may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution as a precondition for continued employment. Through its Drug and Alcohol Awareness Program LIBI seeks to maintain an environment that sup-

Employee Handbook 2018 - 2020 | Long Island Business Institute

ports our college mission while providing a safe work environment and encouraging personal health. All employees share responsibility for protecting the academic environment by exemplifying high standards of professional and personal conduct. Use of illegal drugs interferes with the activities of the college, our goals, and the institutional vision. Therefore, such practices will not be tolerated, and LIBI will take any and all actions necessary, consistent with law and college policy, to eliminate the use of illegal drugs and alcohol in the LIBI community.

4.19.1 Reasonable Suspicion Drug and Alcohol Testing Reasonable suspicion drug or alcohol testing will be conducted whenever LIBI has a reasonable basis to believe that any employee is in violation of this policy. Factors that may be considered in reasonable suspicion testing include, but are not limited to:

• Observed alcohol or drug use on campus or during employee’s work hours; • Apparent physical state of impairment, such as poor balance, slurred or incoherent speech, demeanor, or appearance;

• Accidents or other actions that provide reasonable cause. An employee noticing any of the behaviors above and suspecting drug or alcohol abuse may report the behavior to their supervisor, the Provost, one of the Deans, or to the President. Such reports should be made in good faith and upon specific facts and circumstances. If reasonable suspicion exists, the employee will be required to undergo drug and alcohol testing.

4.19.2 Alcohol Tests When requesting or requiring an alcohol test, the College will consider an employee with a blood alcohol level of 0.06 or greater to be “impaired.” Behaviors Explicitly Prohibited by this policy include but are not limited to:

• appearing at work under the influence of alcohol or illegal drugs; • conducting LIBI business while under the influence of alcohol

or illegal drugs (whether or not the employee is actually on work premises at the time);

• consuming alcohol or using illegal drugs on campus; • consuming alcohol or illegal drugs while conducting LIBI business (whether or not the employee is actually on work premises at the time);

• possessing, buying, selling, or distributing alcohol or illegal drugs on campus; • possessing, buying, selling, or distributing alcohol or illegal drugs while conducting LIBI business (whether or not the employee is actually on work premises at the time).

This policy also covers times when employees are on call but not working. Employees who violate this policy will face disciplinary action, up to and including termination of employment. We do not prohibit employees from consuming alcohol at social or business functions that we sponsor where alcohol is served. Even at these functions, however, employees may not consume alcohol to the point of intoxication or to the point where they endanger their own safety or the safety of others. Employees must always conduct themselves professionally and appropriately while conducting business on LIBI’s behalf or while representing LIBI at a third-party function.

4.19.3 Inspections to Enforce Drug and Alcohol Policy LIBI reserves the right to inspect employees, their possessions, their workspaces, and campus lockers to enforce our policy against illegal drug and alcohol use.

Long Island Business Institute | Employee Handbook 2018 - 2020

4.19.4 Leave to Participate in a Rehabilitation Program We believe that employees who have a substance abuse problem can help themselves by enrolling in a rehabilitation program. Not only will overcoming their problem help these employees in their personal lives, it will help them to be more effective and productive workers. Employees who would like to participate in a rehabilitation program may, subject to approval, be able to take unpaid leave, if available, from work to attend the program. Eligible employees may use their FMLA leave time to deal with several substance abuse– related problems, including: Treatment of drug or alcohol addiction; Treatment of another physical illness or incapacity related to substance abuse (such as kidney failure); To care for a close family member who is undergoing treatment for these conditions. In compliance with the Family and Medical Leave Act of 1993, LIBI will not demote, fire, or refuse promotion to someone simply because that employee takes time off for treatment of a substance abuse addiction. Please note that current illegal users of drugs are not “individuals with disabilities” under the ADA. However, persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction (EEOC, 1992). “Current” drug use means that the illegal use of drugs occurred recently enough to justify LIBI’s reasonable belief that involvement with drugs is an on-going problem. It is not limited to the day of use, or recent weeks or days, in terms of an employment action. It is determined on a case-by-case basis (EEOC, 1992) and http://AskJAN.org/soar. Furthermore, a person who casually used illegal drugs in the past, but did not become addicted is not an individual with a disability based on the past drug use. For a person to be “substantially limited” because of drug use, s/he must be addicted to the drug (EEOC, 1992). To find a publicly funded treatment center in New York State, you may call 1-800-662HELP or visit http://www.findtreatment.samhsa.gov/ Employees will be entitled to health benefits while on rehabilitation leave for up to one month. Employees will not be allowed to accrue vacation and other benefits while on rehabilitation leave. At the end of the rehabilitation leave, we will require proof that the employee successfully completed the program. To learn more about this type of leave, including whether you qualify for it, the circumstances under which we will grant it, and the requirements that you must meet, contact the Provost, the Director of Operations and Institutional Effectiveness, or the Assistant Campus Director. We will keep all conversations regarding employee substance abuse problems as confidential as possible. Please note that even as you might be seeking assistance for your substance abuse problem, we still expect you to meet the same standards of conduct that we expect of all employees. Employees who violate LIBI’s policies will face corrective disciplinary actions. We recognize that employees suffering from alcohol or drug dependence can be treated. LIBI encourages any employee to seek professional care and counseling prior to any violation of this policy.

4.20 Confidentiality Information is part of what makes LIBI competitive. In the course of employment with the Long Island Business Institute, you will periodically be exposed to sensitive information, either because

Employee Handbook 2018 - 2020 | Long Island Business Institute

GOSSIP IN THE WORKPLACE WHAT IS CONSIDERED GOSSIP? Miriam Webster Dictionary defines it as: “information about the behavior and personal lives of other people. A rumor or talk of a personal, sensational, or intimate nature. Trivial, chatty talk or writing.”

Gossip is something that individuals sometimes DO. That also means that is something we select to do – and we can also select NOT to do it. When we engage in gossiping we do so by choice – we can opt out of the activity at work. Our students (as our clients) depend on us for excellence in our work. Gossip not only hurts morale in our organization, it affects our productivity as well. As we are dedicated to providing all of our employees and student workers with a workplace that is as stress-free and positive as possible, we therefore maintain a “gossip free” workplace policy, as follows:

• If you are having a problem with a colleague, go directly

to that person and discuss the issue privately in a collegial and calm, non-provoking/non-hostile manner. Please note that discussing that you are having an issue with another colleague with anyone else except your supervisor is itself gossip as well. If a supervisor learns of problems with gossip, she or he is required to address it with all parties involved in order to prevent the situation from escalating.

Negativity spreads quickly and can cause damage beyond anyone’s expectations or initial intentions.

• When work situations escalate because of gossip, LIBI’s man-

agers will hold everyone involved accountable. Gossip takes two! If you are the listener, you are also guilty of gossiping. If someone gossips to you, protect yourself: do not participate! If you are whispering with another person in our workplace, you could be perceived as gossiping. Don’t put yourself in the position of being misunderstood. If you have a private business-related matter to discuss with someone, find a private place to do so.

• Negativity spreads quickly and can cause damage beyond

anyone’s expectations or initial intentions. If you are feeling negative about something that your colleague has said or done take appropriate steps to address the issue through the formal college complaint system. If your issues with a coworker are personal then they do not belong in the workplace and you should leave them at home. Our guiding principles are based on clear communication and respect for each other, and gossip has no place within these principles.

Know that violation of this policy is grounds for disciplinary action, up to and including termination of employment.

Long Island Business Institute | Employee Handbook 2018 - 2020

you help to develop that information or because you need that information to do your job. Some employees will have access to “Confidential Information” regarding the College, which may include its business strategy, future plans, financial information, contracts, suppliers, customers, personnel information or other information that the College considers proprietary and confidential. Maintaining the confidentiality of this information is vital to the Long Island Business Institute’s competitive position in the industry and, ultimately, to its ability to achieve financial success and stability. Employees must protect this information by safeguarding it when in use, using it only for the business of the College and disclosing it only when authorized to do so and to those who have a legitimate business need to know about it. This duty of confidentiality applies whether the employee is on or off the College’s premises, and during and even after the end of the employee’s employment with the Long Island Business Institute. This duty of confidentiality also applies to communications transmitted by the College’s electronic communications. See also Internet, Email and Computer Use policy, herein. Employees who improperly disclose sensitive information, confidential information, or proprietary information to anyone outside of LIBI will face disciplinary action, up to and including termination of employment. Therefore, we encourage you to contact the President if you would like to learn more about this policy or if you have any questions. After you leave the Long Island Business Institute, you are still legally prohibited from disclosing sensitive, proprietary, or confidential information. If you disclose such information, we reserve the right to seek legal remedies. As a condition of employment with the Long Island Business Institute, all employees must sign a Non-disclosure Agreement. Should your employment at LIBI be terminated voluntarily or for involuntary reasons, you may also be asked to sign a confidentiality agreement. Terms of the confidentiality agreement will be discussed with you to ensure your understanding of the terms of compliance. For further information see Section 4.9: Privacy & Confidentiality.

4.21 Insubordination LIBI operates on a system of mutual respect.

The Long Island Business Institute operates on a system of mutual respect between supervisors and employees. Supervisors must treat their employees with dignity and understanding, and employees must show due regard for their supervisors’ authority. Insubordination occurs when employees unreasonably refuse to follow instructions of their supervisors. It also occurs when employees, through their actions or words, show disrespect toward their supervisors. Insubordinate employees will face disciplinary action, up to and including termination of employment. We understand, however, that there will be times when employees have valid reasons for refusing to follow their supervisors’ instructions. Perhaps the employee fears for his/her safety or the safety of others. Perhaps the employee believes that following instructions will violate the law or pose some other problem for LIBI, or maybe the employee thinks that there is a better way to accomplish a goal or perform a task. When these issues arise, we do not ask that employees blindly follow orders. Instead, we ask that employees explain the situation to their supervisors. If, after hearing the employee’s side, the supervisor continues to give the same directives, the employee must either comply or make arrangements to speak to the Provost (if the individual is part of the academic personnel) or the Director of Operations and Institutional Effectiveness as soon as feasible. Employees may also use the Complaint Policy outlined in this Handbook to address their concerns.

4.22 Punctuality and Attendance You are important to the effective operation of this college. When you are not here at expected times or on expected days, someone else must do your job or delay doing his/her own job while waiting

Employee Handbook 2018 - 2020 | Long Island Business Institute

for you to arrive. Punctuality is all that much more important if you are teaching a course and have students who are waiting for their class to start on time. As a result, we expect you to keep regular attendance and to be on time and ready to work at the beginning of each scheduled workday. Supervisors have the responsibility to ensure that their department’s hours are covered during the published hours of operation. From time to time employees may be asked to change their work schedule to accommodate special circumstances that arise. Supervisors should discuss their departmental needs and any warranted schedule changes with their staff as soon as the needs become apparent. It is understandable that once in a while things will happen that will prevent our employees from showing up to work on time. If you are delayed by emergencies such as inclement weather, a sick child, or transportation trouble and you are going to be more than 15 minutes late, please call the reception desk at the campus where you are scheduled to report for work. Tardiness, beyond occasional emergencies, is subject to disciplinary action up to and including termination of employment. Keeping emergencies to a minimum and alerting the front desk staff of your lateness is part of professional behavior expected of all LIBI employees without exception. If you must miss a full day of work for reasons other than vacation, sick leave, or other approved leave (such as leave to serve on a jury or for a death in a family), you must notify your immediate supervisor as far in advance as possible. If you are unable to reach your supervisor, please contact the front desk at the campus where you normally report to work. If you are consistently late for work or fail to appear without calling in as required by this policy or by other policies in this Handbook, you will face disciplinary action up to and including termination of employment.

4.23 Reporting to Work at Another Campus Occasionally an employee may be asked by their immediate supervisor to report to another campus for training or any other department related activity or meeting. It is the responsibility of the supervisor to notify the Payroll Department at least one day in advance prior to reassigning the employee.

4.24 Conflict of Interest Long Island Business Institute employees must avoid having a personal, business, financial, or other interest, activity or relationship, outside LIBI that has or may be in conflict with LIBI or its students. Any material transaction or relationship that may give rise to an actual or perceived conflict of interest should be discussed with the Provost or the Director of Operations and Institutional Effectiveness.

Conflicts of interest can involve financial and personal business.

Conflicts of interest may include, but are not limited to, the following situations:

• Outside Employment – employees should not perform work or render direct consulting

or managerial services for an organization that competes or does business with the Long Island Business Institute without appropriate approval from the college.

• Having a personal, social, or romantic relationship with a student or prospective student. • Managers or supervisors may not engage in a sexual, romantic, or dating relationship with subordinate employees.

• Accepting

loans or gifts, food, or cash of $20 or more from students, subordinate employees, regulatory or any outside concern that does or seeks to do business with or is a competitor to Long Island Business Institute. For further information see Section 4.14: Accepting Gifts.

• Obtaining a personal financial benefit in any sale or loan of company property. • Performing services for students outside those consistent with LIBI’s mission of providing higher education and career training programs.

• Using or disclosing any confidential information gained during employment for an employee’s personal benefit or the benefit of others, including a future employer.

Long Island Business Institute | Employee Handbook 2018 - 2020

4.25 Office Environment and Desk Appearance Work areas should be kept as neat as possible during the regular work day and should be straightened prior to leaving at the end of the work day. Any picture or item hung directly on the walls of the building must be approved in advance by the Director of Operations and Institutional Effectiveness. No student files, papers, or information should be left on desks when the employee leaves his/her desk.

Posters, pictures, notes, etc. are not permitted on the outside of workstation panels. Pictures, notes, etc. are permitted on the inside of workstation panels as long as they are tasteful, professional and do not offend other employees or our students. Work-related materials are not permitted on the tops of workstation cabinets. This area should remain clear. Boxes and other storage items should remain out of sight within a workstation or placed in other appropriate onsite or offsite storage areas. Please contact the Director of Operations and Institutional Effectiveness or the Facilities Manager to arrange proper storage. Employees should leave public areas, such as the photocopy areas, student lounge, conference room, restrooms, refrigerators, and shared microwaves in a clean and orderly condition for other employees. Employees are asked to be mindful and courteous to others. Any signage or bulletins that you would like posted must be approved and stamped by the Director of Operations and Institutional Effectiveness or the Campus Events Coordinator.

Treat the workplace with respect.

4.26 Use of School Property We have invested a great deal of money in the property and equipment that you use to perform your job. It is a senseless and avoidable drain on LIBI’s bottom line when people abuse LIBI’s property, misuse it, or wear it out prematurely by using it for personal business. We ask all employees to take care of LIBI’s property and to report any problems to the Assistant Campus Director or the Director of Operations and Institutional Effectiveness. If a piece of equipment or property is unsafe for use, please report it immediately. Please use property only in the manner intended and as instructed.

4.26.1 Policy on Destruction of LIBI-Provided Equipment Employees are prohibited from destroying or disfiguring LIBI’s electronic communication equipment. Employees are subject to discipline, up to termination, according to LIBI’s discipline policy for intentionally destroying or disfiguring LIBI-provided electronic communication equipment.

4.26.2 Policy on Theft of LIBI-Provided Equipment and Information Employees are prohibited from taking unauthorized pieces of LIBI-provided electronic communication equipment with them from LIBI’s facilities. LIBI’s information technology department conducts periodic audits of electronic communication systems and devices to ensure that employees have all appropriate pieces of equipment according to their inventory sheet. Taking unauthorized pieces of equipment from LIBI’s facilities is considered to be theft and employees are subject to discipline, up to termination, according to LIBI’s discipline policy for any such actions; they also can be subject to appropriate legal action. Likewise, employees are prohibited from bringing unauthorized electronic communication equipment to work to use with LIBI-provided electronic communication equipment. Such prohibited equipment includes any type of external computer drives; any form of “disks,”

Employee Handbook 2018 - 2020 | Long Island Business Institute

such as CD-ROM disks, to save information from computer drives; and personal laptops and other wireless communication devices. Using such unauthorized equipment with LIBI-provided electronic communication equipment is considered to be theft of LIBI’s intellectual property and employees are subject to discipline, up to termination, according to LIBI’s discipline policy for any such actions; they also can be subject to appropriate legal action. Employees who leave employment with LIBI must return all LIBI-provided electronic communication equipment to LIBI on the last day of employment. LIBI conducts an audit of employees’ inventory sheet with employees to ensure that all LIBI-provided electronic communication equipment is returned to the college. If any equipment is missing at the inventory review and cannot otherwise be accounted for, LIBI considers such missing equipment as stolen property and can pursue legal action against such employees. We do not allow personal use of LIBI property unless specifically authorized in writing by the President of LIBI or the Provost. Failure to use LIBI property appropriately and failure to report problems or unsafe conditions may result in disciplinary action, up to and including termination of employment. For information on use of the voicemail system employees should contact the Director of Operations and Institutional Effectiveness if they are stationed at the Flushing campus. Employees at the Commack campus should speak to the Administrative Assistant. For information on use of computers, the Internet, or software contact the IT department staff.

4.27 Use of Employee-owned Equipment and Media While LIBI recognizes that employees might own various forms of electronic communication equipment, LIBI generally prohibits use of such equipment during employees’ workday as LIBI provides all necessary electronic communication equipment to its employees. While at work, employees are expected to exercise discretion in using personal cell phones. Texting and using personal cell phones during regular business hours is highly disruptive to the regular workflow of each department and projects an unprofessional image to the public. Employees are expected to make personal calls during breaks and lunch and to ensure that friends and family members are aware of LIBI’s policy. LIBI will not be liable for the loss of personal cell phones brought into the workplace. Cell telephones may not be used to defame, harass, intimidate, or threaten any other person. Employees are prohibited from using their cell phones in any illegal, illicit or offensive manner.

LIBI will not be liable for the loss of personal cell phones brought into the workplace.

Student Services staff who work in direct contact with students will be considered in direct violation of this policy when daily cell phone use while at work is habitual, consistent, or beyond occasional use for emergency purposes. Employees who are busy texting discourage students from approaching them. Employees are reminded that while LIBI does not control how employees use personal electronic communication equipment when they are off-duty, LIBI does protect its name and related business assets that are discussed over the Internet or other electronic media as permitted by federal and state law.

4.28 Reproduction of Copyrighted Works The making of an electronic or paper copy of a copyrighted work by any means (photocopying, electronic reproduction, scanning, digitizing, etc.) constitutes reproduction that is governed by copyright law. The copyright principles that apply to the use of copyrighted works in electronic environments are the same as those that apply to such use in paper environments. The reproduction or copying of a work subject to copyright protection typically requires the permission of the copyright owner. Unauthorized use of someone’s work, illegal distribution of software or music, and the unauthorized public performance of a recording or film are all violations under U.S. Copyright Law. To avoid any copyright infringements, employees should assume that materials are copyrighted and protected (even if the work does not have a copyright notice) and may not be copied unless permission from the author or creator is obtained. Permission should always be obtained before Long Island Business Institute | Employee Handbook 2018 - 2020

Respect for intellectual property is an integral part of a functioning school and a cornerstone of American freedom.

copies are made. The law also applies to pictures and any images. In most circumstances, a copyright privacy statement or the symbol © is used to identify a copyright-protected work. All LIBI employees and students are expected to comply with all of the provisions under the U.S. Copyright Law. Copyright infringement can be classified as a civil or criminal violation. [3] The College distributes materials informing the community about the appropriate use of copyrighted materials. This information is also included on LIBI’s website. Any reports of unauthorized distribution of copyrighted materials by members of the staff or Faculty will be investigated by the Provost or Senior Librarian and can result in disciplinary action including loss of employment. LIBI monitors internet traffic and computer usage. The College restricts access to those websites which are deemed by the IT department staff to be “unsafe”. The Faculty Governance Council periodically reviews LIBI’s copyright policies as they relate to the Faculty and students. Any Flushing Campus or LIBI NYC student involved in a copyright infringement will be referred to the Provost or the Senior Librarian. At the Commack Campus such cases will be handled by the Assistant Campus Director or Librarian.

4.29 Copying Sensitive Material Employees need to exercise caution when making copies of sensitive information or documents at the copy machine. Particular caution should be exercised when photocopying any student documents which include all student official documents, schedules, transcripts, student applications, admission exams and class exam papers (graded or blank). If any copies are left at the machine after use, it can result in theft of identity. Carelessness with such documents not only violates FERPA but can also result in identity theft if it is picked up by unauthorized persons.

4.30 Use of Letterhead

The use of the College’s letterhead is restricted to official LIBI business; consult the President’s office for authorization.

When an individual or group uses LIBI letterhead, or employs the phrase “Long Island Business Institute” in a self-created letterhead, there is the implication that the communication has the consent and approval of the College. College letterhead is sometimes used inappropriately in letters or other documents to pursue a personal goal or for social or political purposes that are not the direct responsibility of LIBI. In these cases, such letterhead should not be used, irrespective of how worthy the cause, and in spite of the fact that LIBI staff or Faculty members may be part or all of the membership of a group. Examples of appropriate use of letterhead would be a Faculty member writing to a professional society or to a colleague in another college about professional matters. Examples of inappropriate use would be a group of Faculty writing to an elected official protesting a regulation or new law. Students should never be given letterhead under any circumstances. The subject of the communication must be an authorized business of a formal component of the College. If there is any doubt about the appropriate use of College letterhead, the Executive Assistant or the President should be consulted.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws: Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details see Title 17, United States Code, Sections 504 and 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their FAQs at www.copyright.gov/help/faq.

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.31 Use of Pictures Any picture that contains images of LIBI’s facilities, properties, or students must not be published in print or electronic media (CD, e-mail, social media, blogs, etc.) by any employee without authorization. Employees are strictly prohibited from sharing, displaying, or using in any way, pictures of LIBI’s students – even if the employee is pictured with the student(s). The employee is not permitted to use the image in a public forum. All employees are expected to comply with this policy for the safety and security of our students. Using personally identifiable student information in any social media will constitute a violation of this policy. Employees can speak to the Director of Operations and Institutional Effectiveness, or the College President for clarification of this policy.

4.32 Unauthorized Cameras, Phones, and Other Recording Devices Many cell phones come with built-in recording capabilities, including cameras and video and audio recording devices. Although these features are fun for personal use, using them in the workplace can lead to violations of privacy and breaches of confidentiality. Therefore, we do not allow employees to use any recording devices, including cameras and the recording capabilities of cell phones, at work. Violation of this policy will lead to discipline, up to and including termination of employment. Employee Rights Under the Unauthorized Cameras, Phones, and Other Recording Devices Policy LIBI conforms to all New York State laws regulating electronic surveillance and with the Federal Electronic Communications Privacy Act of 1986: 18 U.S.C. §§ 2510 to 2520. LIBI does not listen to or record employees’ telephone conversations without prior consent from one of the parties to such conversations. LIBI also does not videotape employees in workplace restrooms or in officially designated changing rooms. LIBI will not discharge, penalize, or otherwise discriminate against employees because they complain about violations of the audio/video recording provisions to LIBI’s administration or the New York Department of Labor or because they participate in any proceedings related to such violations, should such violations occur.

4.33 LIBI Log Since the fall of 2008 the College has published a quarterly newsletter profiling student activities and success stories from all LIBI locations. The Log is published electronically and in paper format four times per year (usually corresponding to each season of the year). All past LIBI Log issues are available for the community to view on the College’s website (www.libi.edu). All LIBI employees and students are strongly encouraged to contribute articles or any newsworthy items to the Log. All articles can be submitted directly to the editor by e-mailing libilog@libi.edu.

4.34 Employee Dress Code and Proper Appearance 4.34.1 Overview Maintaining a professional, business-like appearance is very important to the success of the Long Island Business Institute. Regardless of the employee’s interaction with students, prospective students, visitors, vendors, suppliers, contractors, or the general public, each employee projects the reputation of the organization. Part of this impression depends on each employee’s choice of dress. The college asks that employees dress in accordance with the business etiquette reasonably expected of a college preparing students for professional careers. All employees are expected to use good judgment and to show courtesy to the students and to their co-workers by dressing in a manner that is presentable and appropriate. At all times employees are asked to be cognizant that regardless of their interaction with students, potential students, visitors, vendors, suppliers, contractors, or the general public LIBI is a professional place of business.

Long Island Business Institute | Employee Handbook 2018 - 2020

LIBI requires attire professionally appropriate to the office or unit in which an employee works.

Should employees be asked to attend industry meetings or conferences either in LIBI offices or otherwise, they should dress in appropriate business attire. Any questions related to the content of this policy or its interpretation should be directed to the Director of Operations and Institutional Effectiveness, to the Assistant Campus Director, or to the Provost.

4.34.2 Objective LIBI strives to maintain a workplace environment that is well functioning and free from unnecessary distractions and annoyances. As part of that effort, the college requires employees to maintain a neat and clean appearance that is appropriate for the workplace setting and for the work being performed. To that end, LIBI department heads may determine and enforce guidelines for workplace-appropriate attire and grooming for their particular areas and departments; guidelines may limit natural or artificial scents that could be irritating or cause allergies in others.

4.34.3 Specific Requirements Supervisors should communicate any department-specific workplace attire and grooming guidelines to staff members during new-hire orientation and evaluation periods. Any questions about the department’s guidelines for attire should be discussed with the immediate supervisor first. All employees, without exception, must wear their LIBI badges while on campus. Badges MUST be visible. Failure to comply with this policy will result in disciplinary action up to and including suspension.

Any employee who does not meet the attire or grooming standards set by the college or his/ her department will be subject to corrective action and may be asked to leave the premises to change clothing. Hourly paid staff members will not be compensated for any work time missed because of failure to comply with designated workplace attire and grooming standards All employees must carry or wear the LIBI identification badge at all times while at work. Certain employees may be required to meet special dress, grooming and hygiene standards, such as wearing uniforms or protective clothing, depending on the nature of their job. Uniforms and protective clothing may be required for certain positions and will be provided to employees by LIBI. At the discretion of the college President, the Provost, or the Assistant Campus Director, in special circumstances, such as during unusually hot or cold weather or during special occasions, staff members may be permitted to dress in a more casual manner than is normally required. On these occasions, employees are still expected to present a neat appearance and are not permitted to wear ripped, frayed or disheveled clothing or athletic wear. Likewise, tight, revealing or otherwise workplace-inappropriate dress is not permitted.. Reasonable Accommodation of Religious Beliefs: LIBI recognizes the importance of individually held religious beliefs to persons within the institution. LIBI will reasonably accommodate an employee’s religious beliefs in terms of workplace attire unless the accommodation creates an undue hardship or presents a safety concern. Those requesting a workplace attire accommodation based on religious beliefs should speak to the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director. For more information see Section 4.34.6: Religious Accommodation.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Always Keep in Mind:

• Any material resembling denim is not considered appropriate attire unless the college designates a casual day.

• Ill-fitting clothing, especially tight fitting or revealing attire of any type should not be worn to work.

• Any clothing that is intentionally or unintentionally frayed or tattered should not be worn to work.

• Bras, sport bras, tank tops, spaghetti-straps, tube tops, tube dresses, and any midriff-bearing attire must be fully covered by appropriate clothing during work hours.

• Revealing or low-cut tops should not be worn during work hours. • See-through, sheer or net-like material of any kind is inappropriate and should never be worn by LIBI employees during work hours.

• Employees must ensure that no underclothing is visible and is fully covered while at work.

• Spandex and lycra leggings are not appropriate work attire. Additional Guidelines:

• Please be considerate of co-workers, students and guests. Good personal hygiene

is a must. Cologne, perfume, lotions and aftershave should be subtle. Employees should take into consideration others who may be sensitive to, or have an allergic reaction to certain fragrances. Disputes will be resolved by the respective employees’ supervisor(s).

• If you are attending off-campus meetings, seminars, conferences, or similar events, please remember that you represent LIBI and dress accordingly. If you are unsure of the appropriate attire for a seminar or a conference, please call the provider prior.

4.34.4 Casual or dress-down days When the college relaxes the dress code and announces a casual or dress-down day, employees must use the following guidelines to comply with appropriate casual attire. APPROPRIATE

INAPPROPRIATE Slacks

• • • • • • • • • • • •

Khakis or corduroys

• • •

Jeans (must be clean and free of rips, tears and fraying; may not be excessively tight or revealing) Capris

Sweatpants, leggings, exercise wear Shorts, low-rise or hip-hugger pants or jeans Skorts

Shirts Polo collar knit or golf shirts

• • • • • •

Oxford shirts Company logo wear (LIBI t-shirts and LIBI sweatshirts are permitted) Short-sleeve blouses or shirts Turtlenecks Blazers or sport coats Jackets or sweaters

Shirts with writing (other than company logo) Non-LIBI T-shirts or sweatshirts Beachwear Sleeveless blouses or shirts Exercise wear Crop tops, clothing showing midriffs, spaghetti straps

Shoes Boat or deck shoes, moccasins Casual, low-heel, open-back shoes (e.g., mules, sling backs)

Long Island Business Institute | Employee Handbook 2018 - 2020

• •

Sandals, thongs, flip flops, open-toe shoes Athletic shoes, tennis shoes, Croc-like sandals

4.34.5 Business Attire The following guidelines apply to business attire:

• Male Employees: business attire includes a long-sleeved dress shirt, tie, tailored sport coat worn with dress trousers (or khakis in dark color) and dress shoes.

• Female Employees: business attire includes tailored pantsuits, businesslike dressSince LIBI must conduct fire drills, and not all are announced in advance, LIBI asks that employees who elect to wear shoes with a heel keep the height of the heel to no more than 2.5 inches.

es, coordinated dressy separates worn with or without a blazer, and conservative, preferably closed-toe shoes.

General Guidelines Applicable to Everyone:

• Dress shoes should be in a business appropriate color, polished/ no poorly main-

tained shoes, leather finish, with a non-slip sole. Shoe should cover toe and heel of foot.

• Accessories: simple belts may be worn with pants but buckles should not be overly decorative.

• Grooming: hair must be clean and tidy. Hair should be in a natural color range of shades avoiding the rainbow hair trends. If hair accessories are worn, they should be in neutral hues and appropriate for a professional business environment.

• Fingernails: nails should be clean and maintained. If nail polish is worn, extreme colors and lengths should be avoided.

• Makeup: if makeup is worn, it should be in a daytime style. If an employee’s poor hygiene or use of too much perfume/cologne is an issue, the individual’s supervisor will discuss the problem with the staff member in private. The supervisor will point out the specific areas to be corrected. If the problem persists, supervisors will follow the normal corrective action process.

4.34.6 Religious Accommodation Diversity is part of LIBI’s mission; our policy regarding religious attire is consistent with that mission.

LIBI respects the religious beliefs and practices of all our employees. Upon the employee’s request, LIBI will make an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship for LIBI. An employee whose religious beliefs or practices conflicts with his/her job, work schedule, or with LIBI’s policy or practice on dress and appearance must submit a written request for the accommodation to his/her immediate supervisor. The written request should include the type of religious conflict that exists and the employee’s suggested accommodation. Once the written request is received the supervisor and employee will then meet to discuss the request and the supervisor’s decision on the accommodation. If the employee accepts the proposed religious accommodation, the immediate supervisor will implement the decision. If the employee rejects the proposed accommodation, he/she may appeal the determination in writing to the President of the College. All written appeals must contain suggestions and alternate options that will be acceptable to the employee. Please note that LIBI is not required to provide an employee’s preferred accommodation if there is more than one effective alternative to choose from. Prior to rendering a decision LIBI will consider whether “undue hardship” exists for the college in all cases of requests for reasonable accommodation under Title VII of the Civil Rights Act of 1964. LIBI will apply the “de minimis” standard when determining to accommodate or refuse the employee’s request. Wearing items or displaying body art (tattoos) that may be offensive or harassing to other employees as part of religious practices will not be permitted.

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.34.7 Employee Responsibility It is the responsibility of each employee to use judgment and common sense in selecting clothing that fits with the function of his/her position and the professional image and mission of LIBI. All employees are expected to exercise the best professional judgment while on LIBI’s premises and when representing the College at public functions, seminars or industry training sessions. If found to be true, all instances of improper behavior at public functions while representing LIBI will be noted in the employee’s personnel file, regardless of the degree of severity of the transgression.

4.34.8 Hygiene Violations Violations of the Dress Code policy can range from inappropriate clothing items to offensive perfumes and body odor. If a staff member’s poor hygiene or use of too much perfume/cologne is an issue, the individual’s supervisor, or appropriate area manager, will discuss the problem with the employee in private and will point out the specific areas to be corrected. If the problem persists, supervisors will follow the normal corrective action process.

4.34.9 Special Considerations Information Technology or other offices that are responsible for particular job-related tasks (e.g. moving equipment or furniture) may be allowed to follow a modified or relaxed dress code at the discretion of the Director of Operations and Institutional Effectiveness or the Assistant Campus Director. Certain special circumstances (e.g. a severe snowstorm, moving days) may warrant relaxing the dress code policy at the discretion of the Director of Operations and Institutional Effectiveness or the Assistant Campus Director.

4.34.10 Enforcement The Provost along with the Deans and all other department managers and supervisors are responsible for enforcing the standards of professional appearance based on their evaluation of whether an employee’s appearance adversely impacts the learning environment, office environment, work processes, or LIBI’s image. In the event that the disciplined employee wishes to appeal their case to the President of LIBI, the President will determine the appropriateness of apparel under the guidelines mentioned above.

4.35 Contagious Disease Policy 4.35.1 Coverage This policy applies to all employees, contractors and visitors and is intended to provide guidance for preventing the spread of contagious or communicable diseases in the work environment.

LIBI works to ensure a healthy campus.

4.35.2 Definition A contagious disease is a pathological process, the causative agent of which may be passed on or carried from one person to another directly or indirectly. Contagious diseases include, but are not limited to, all diseases and conditions deemed reportable by the Center for Disease Control in conjunction with local health officials.

Long Island Business Institute | Employee Handbook 2018 - 2020

4.35.3 Policy It is the goal of LIBI, during any period of quarantine or infectious disease outbreak, to operate effectively and ensure that all essential services are continuously provided to our students and that employees are safe within the workplace. LIBI reserves the right to exclude any person with a contagious disease from all facilities, programs and functions if LIBI makes a determination that the restriction is in the best interests of the college. Persons shall not be so excluded solely on the basis that they have a contagious disease. Factors that will also be considered in determining whether to exclude persons with communicable diseases include whether the disease is contagious in ordinary public association, the nature of the disease, including the typical risks to other persons in good health, the public health situation in the region, the nature of the person’s duties at the college, and whether LIBI is required by law to exclude persons with the disease. LIBI reserves the right to require a written statement from a person’s physician indicating that the person is no longer contagious. LIBI has a commitment to treat all employees, students, visitors and vendors openly. This policy represents the intention to inform all members of the LIBI community about the risk of exposure to communicable diseases. This policy also represents a commitment to strive to preserve and protect the confidentiality of employees, contractors and visitors who have developed a communicable disease. LIBI protects those affected from discriminatory or imposed isolation from the workforce community if possible. LIBI assumes that informed employees, contractors and visitors take necessary steps to protect themselves from infection.

4.35.4 Education The major focus for protection from disease is to educate all personnel, students, visitors and vendors. Education efforts may include timely warning messages, informational brochures, invited knowledgeable speakers, films and class/community discussions. Employees, students, visitors, and vendors are informed of methods to avoid contracting the disease and are encouraged to take responsibility for their actions. Should a communicable disease approach epidemic proportions or is judged to be a threat to the college community, LIBI will initiate a program of education on that disease. Information makes both employees, students, visitors, and vendors aware of incidence rates of the disease, methods of transmission, known methods of prevention and/or cures and the employment of universal precautions.

4.35.5 Employee Responsibility We all can play a proactive role in fostering a healthy learning environment.

Proactive steps will be taken to protect the workplace in the event of an infectious disease outbreak or pandemic. Employees are encouraged to engage in good hygiene practices while at work, especially hand washing with soap and water or, if water is not available, using alcohol-based disposable hand wipes or gel sanitizers. Each employee has a responsibility to prevent the spread of communicable diseases when they are aware or suspect that they are or could be asymptomatic of a communicable disease. Awareness is showing or feeling signs of illness, such as coughing, sneezing, fever, joint aches, overall ill feeling (malaise) or a report of a communicable disease from a health care provider. Awareness also includes known exposure to someone with a known or suspected communicable disease. Good judgment skills by all employees are critical in safe guarding the health of the students, co-workers, the public and others.

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.35.6 Employee Requirements Employees must adhere to the recommendations issued by the CDC (Center for Disease Control) for specific illnesses and diseases. In addition, employees are required to reduce the spread of communicable diseases in the workplace by the following minimum actions:

• Stay home if you have or suspect you have a communicable disease. Seek help from an appropriate medical professional as soon as you feel symptoms.

• Employees who are well but who have an ill family member may continue to report to the workplace. They must monitor their health on a daily basis to ensure they remain free of the communicable disease.

• Employees must practice proper hygiene in the workplace by covering their mouth and nose when coughing or sneezing with a tissue or handkerchief. If this is not possible, then the armpit or hand can be used for coughs and sneezes, with immediate hand washing or sanitizing of hands.

• Employees should avoid touching their eyes, nose or mouth. If not possible, wash hands frequently.

Employees should avoid close contact with sick individuals encountered on campus when possible. If unavoidable due to job responsibilities, proper personal protective equipment should be worn or immediate hand washing or other proactive actions as necessary.

4.35.7 Supervisor Responsibilities A supervisor always has the responsibility to manage his/her department in an appropriate manner. If the supervisor notices or receives a report that an employee is exhibiting signs of a communicable disease, the supervisor will send the employee home if a reasonable person could conclude that a person appears to have a communicable disease and the spread of that disease is probable. If the supervisor is unsure after consulting with the employee, others, such as the Director of Operations and Institutional Effectiveness, the Provost, or the President of the college may be consulted. As a standard operating procedure, supervisors should visually come into contact with those they supervise, when possible, before making a determination. Employees determined to have symptoms of a communicable disease are asked to consult with their health care providers and report to work only after symptoms have subsided. Employees must keep their supervisors informed on the anticipated length of absence. Employees must check-in with their supervisor each day they miss work to ensure that the supervisor can plan for proper department coverage. All supervisory employees are required to set their e-mail auto reply with an “Out of Office” response and set their telephone voice mail indicating they are out of the office with an anticipated duration when absent for more than 1 day. Both tasks can be accomplished remotely.

4.35.8 Administrative Response When a disease is identified by CDC or NYS Health Department to be a threat to the community, the Director of Operations and Institutional Effectiveness, Provost, or the President of the college in consultation with health officials makes reasonable accommodation on a case-by-case basis. All contracted personnel are expected to adhere to the policy and guidelines established on communicable diseases by the CDC or the NYS Health Department. All applicable federal, state, and local laws apply and recommendations of the Center for Disease Control are followed. A LIBI Disaster Preparedness Team will be designated to monitor and coordinate events around an infectious disease outbreak, as well as to create work rules that could be implemented to promote safety through infection control. The LIBI Disaster Preparedness Team is committed to providing authoritative information about the nature and spread of infectious Long Island Business Institute | Employee Handbook 2018 - 2020

diseases, including symptoms and signs to watch for and posters, as well as the required steps to be taken in the event of an illness or outbreak. Paid sick leave is provided in an effort to make all reasonable attempts to ensure that employees are able to stay home while displaying symptoms of illness or if subject to quarantine directives by local authority. In the event that an illness becomes classified as an epidemic or receives pandemic status, LIBI will closely monitor the information released by CDC and NYS Health Department and will release appropriate updates to the LIBI community via the Disaster Preparedness Team. A flu pandemic may have an impact on any or all of the following:

• Cancellation of scheduled courses, events, vacations and leave; • Approval of overtime; • Re-assignment of staff to a different department or campus; and • Additional part-time and/or temporary staff. 4.35.9 Confidentiality Communicable disease-related diagnostic information reported to LIBI is treated as confidential, privileged information. Employees, students, vendors, and contractors are protected in accordance with applicable state and federal laws; LIBI will adhere to all local public health reporting requirements.

4.36 Telephone System LIBI’s telephone system is for business use only. Employees are expected to keep personal calls to a minimum. If you must make or receive a personal call, please keep your conversation brief. Extensive personal use of LIBI phones is grounds for discipline. When making or receiving personal calls, please exercise upmost professional judgment. LIBI employees working in open areas should handle personal matters quietly and calmly. Please be considerate of our students and your colleagues. In the event that you must handle an urgent personal matter of a sensitive nature, please speak to your supervisor and ask for a private space to be secured for you.

4.37 Loud Behavior Although we want our employees to enjoy their time at work, we don’t allow employees to engage in boisterous behavior. The College defines “boisterous behavior” as fun that has gotten loud and rowdy and out of control. Unruly behavior disrupts the work environment and there is no place for it on LIBI’s premises.

4.38 Inappropriate Jokes and Office Bullying “Business” is part of the college’s name. Unprofessional behavior hurts any business.

Although we want our employees to work in a pleasant environment, we cannot allow employees to perform actions that disrupt the workplace and dampen the morale of some; at worst, they lead to complaints of discrimination or harassment. If you have any questions about this policy contact the Assistant Campus Director or the Director of Operations and Institutional Effectiveness. Employees who exercise poor judgment and engage in inappropriate behavior will face disciplinary action, up to and including termination of employment.

4.39 Smoking Is Prohibited For the health, comfort, and safety of our employees, smoking is not permitted on LIBI’s premises. This includes private offices, conference and meeting rooms, cafeterias, lunchrooms, and employee lounges. Repeated and frequent smoke breaks are disruptive to the college; we strongly suggest that 82

Employee Handbook 2018 - 2020 | Long Island Business Institute

all employees who smoke limit the number of smoke breaks. Substituting lunch time allocation for smoking breaks is not permitted. Compliance with the smoke-free workplace policy is mandatory for all employees and persons visiting the college, with no exceptions. Employees who violate this policy are subject to disciplinary action. Employees should speak to the Director of Operations and Institutional Effectiveness or file an anonymous compliant by calling the New York City Department of Health and Mental Hygiene’s complaint line, 1-877- NYC DOH7 (1-877- 692-3647) or on the web at www.NYC.gov/health. DOHMH’s enforcement staff will take appropriate action to resolve the problem. The law prohibits employers from retaliating against employees who invoke the law or who request management’s assistance in implementing it in the workplace.

4.39.1 Smoke-Free Workplace: New York No Smoking - State Clean Indoor Air Act LIBI prohibits smoking in the workplace (on all LIBI’s campuses) and in LIBI-owned vehicles. For purposes of this policy, smoking includes vaping (i.e., the use of electronic cigarettes). Employees wishing to smoke (including vaping) must do so outside the LIBI's facilities during scheduled work breaks. Employees that observe other individuals smoking in the workplace in violation of this policy have a right to object. Reports should be filed with the Director of Operations and Institutional Effectiveness (staff) or the Provost (faculty). Individuals who are observed to be violating this policy will be subject to disciplinary actions.

4.40 Constructive Discipline Process Any employee conduct that violates College rules or that in the opinion of the Long Island Business Institute interferes with or adversely affects our business is sufficient grounds for disciplinary action. As an at-will employer, LIBI retains the right to impose any discipline, including discharge, for any offense, even first offense.

As of November 2017 new legislation amended the Clean Indoor Air Act to ban the use of electronic cigarettes (“e-cigarettes”) everywhere that smoking traditional tobacco products is prohibited. With this amendment, the Clean Indoor Air Act prohibits both smoking and vaping in certain indoor areas, including places of employment, as well as certain outdoor areas accessible to the public.

Disciplinary action can range from coaching to immediate discharge. LIBI’s general preference is to use constructive discipline process as a guiding principle for disciplinary action; however, at-will employment is the overarching rule governing LIBI. When feasible, LIBI’s managers try to follow the following steps:

• verbal warning; • written warning; • termination. However, LIBI reserves the right to alter the order described above, to skip disciplinary steps, to eliminate disciplinary steps, or to create new and/or additional disciplinary steps. In choosing the appropriate disciplinary measure, we may consider any number of factors, including but not limited to:

• the seriousness of the behavior; • the history of misconduct or performance problems; • length of your employment with LIBI; • strength of evidence against you; • attitude about the behavior; • action we have taken to respond to similar behavior by other employees; • how the behavior affects LIBI, our students, coworkers, and the community as a whole; Long Island Business Institute | Employee Handbook 2018 - 2020

• any circumstances related to the nature of the behavior, your employment at LIBI, and the affect of your behavior on LIBI.

LIBI will give these considerations whatever weight the College deems appropriate. Depending on the circumstances, the College may give some considerations more weight than others – or no weight at all. Some conduct that may result in termination of your employment includes, but not limited to:

• acts of discrimination or harassment; • theft of LIBI’s property; • failing to carry out reasonable work assignments; • insubordination; • excessive tardiness or absenteeism; • arguing or fighting with coworkers, managers, or students; • bringing a weapon to work; • threatening the safety of our students, coworkers, managers, or supervisors; • physically or verbally assaulting someone at work; • any illegal conduct at work; • use or possession of alcohol or illegal drugs at work; • working under the influence of illegal drugs or alcohol; • making false statements on a job application; • violating company rules and regulations. It is impossible and impractical to compile an exhaustive list of the types of conduct that will result in immediate termination. Those listed above are merely illustrations. LIBI reserves the right to impose any level of discipline, up to and including discharge, for any offenses and transgressions based on the situation or circumstances. Employees should remember that their employment is at the mutual consent of the employee and the Long Island Business Institute. This means that you or LIBI can terminate our employment relationship at-will at any time with or without a cause and with or without advance notice.

4.41 Voluntary Termination of Employment Policy Termination, or “separation” of employment, refers broadly to the process of managing the termination of employment, whether involuntary (such as discharge, layoff, campus closure, disability or death) or voluntary (such as resignation, job abandonment or retirement). This section discusses LIBI’s policy on voluntary terminations. All voluntary terminations must be coordinated with the employee’s immediate supervisor and the Director of Operations and Institutional Effectiveness and processed in accordance with the provisions outlined in this policy. Procedural Notes 1. When an employee initiates a termination (i.e. the employee resigns), the termination of employment is considered voluntary. 2. When an employee has been absent for three (3) consecutive days without notification, LIBI will have the right to process a termination of that employee, effective as of the date of the first absence, and any such termination is considered voluntary. 3. When an employee fails to return from an approved leave of absence for a period of three (3) consecutive days without notification, LIBI will have the right to process a termination of that employee, effective as of the date the employee was scheduled to return from the

Employee Handbook 2018 - 2020 | Long Island Business Institute

leave of absence, and any such termination is considered voluntary. 4. With respect to all voluntary terminations: a. The employee’s manager or the Director of Operations and Institutional Effectiveness will meet with the resigning employee to determine the specific reason(s) for leaving. b. The resigning employee is expected to provide his/her immediate supervisor with written notice of resignation, not less than two weeks in advance of the date upon which the employee would have the resignation become effective. c. Once an employee’s resignation has been accepted by the Long Island Business Institute, LIBI will determine the employee’s last day worked, and the termination will be effective as of that date. 5. When appropriate, the Director of Operations and Institutional Effectiveness or the Administrative Assistant at the Commack Campus will attempt to schedule and conduct an exit interview with the terminated employee. An exit interview helps us obtain information that may be useful in improving employee relations as well as to provide additional information to the terminated employee regarding 401(k), COBRA, etc. 6. Prior to the employee’s last day at LIBI, the employee’s manager must complete the proper paperwork to ensure that the employee’s employment is terminated in a uniform and consistent manner from all appropriate systems, that LIBI property is reclaimed and that the employee’s final paycheck is paid in accordance with state and federal laws or regulations, etc. 7. All employees whose employment relationship with LIBI is terminated will be paid in accordance with state and federal laws. Earned but unused Paid Time-Off will be paid in accordance with LIBI’s Paid Time-Off Policy. (Please see Section 7: Time-Off Benefits.)

4.42 Involuntary Termination of Employment Policy In order to ensure uniform and consistent procedures for employee terminations, LIBI has established rules applicable to such terminations. All involuntary terminations must be approved by the employee’s manager, coordinated with the Executive Assistant to President, and processed in accordance with the provisions outlined in this policy. Notwithstanding the foregoing, should a manager be present when serious misconduct occurs, he/she may immediately suspend the employee, pending an investigation and notification to the President of the College.

LIBI follows established and detailed rules for Involuntary Termination.

Procedural Notes 1. When LIBI initiates a termination (i.e. the employee’s employment is terminated by the College), the termination is considered involuntary. 2. Involuntary terminations may occur for a variety of reasons, including with cause (i.e. employee misfeasance or malfeasance) or without cause (i.e. as a part of a layoff). 3. When practical, employees will be warned and counseled. However, failure to correct behavior or further violation of company policy may result in additional disciplinary action, up to and including termination. Depending on the nature of the offense, LIBI reserves the right to terminate any employee without warning. 4. If warnings or counseling are appropriate courses of action, they will be documented by the employee’s immediate supervisor. As an at-will employer, LIBI reserves the right to terminate employment at any time, with or without warning or cause (Please see Section 4.40: Constructive Discipline Process earlier in this section.) 5. With respect to all involuntary terminations: a. LIBI will inform the employee of the reason for termination. b. The date of separation will be the employee’s last day worked.

Long Island Business Institute | Employee Handbook 2018 - 2020

6. With respect to all involuntary terminations without cause: a. The employee’s record will indicate an involuntary termination without cause (i.e., layoff, restructure). b. Severance pay is: i. Discretionary, based upon a number of factors (i.e. length of service to LIBI, level of responsibility, reason for separation, etc.). ii. Given only with the approval of the President of the College. 7. When appropriate, the Director of Operations and Institutional Effectiveness and the Administrative Assistant at the Commack campus will attempt to schedule and conduct an exit interview with the terminated employee. An exit interview helps LIBI to obtain information that may be useful in improving employee relations, as well, as to provide additional information to the terminated employee regarding 401(k), COBRA, etc. 8. The employee’s manager must complete various forms to ensure that the employee is terminated in a uniform and consistent manner from all appropriate systems, that LIBI’s property is reclaimed and that the employee’s final paycheck is paid in accordance with state and federal laws or regulations, etc. 9. All terminated employees will be paid in accordance with state and federal laws. Earned but unused Paid Time off will be paid in accordance with the company’s Paid Time-Off policy. (Please refer to the Section 7: Time-off Benefits.)

4.43 Job Abandonment If an employee is absent from work and has not notified his or her supervisor, the employee will be considered as having abandoned his or her job at the completion of the third consecutive workday of unauthorized absence. The employee is deemed to have quit and will be terminated immediately. Only the President of the College is authorized to consider appeals and any extenuating circumstances for the absence and failure to notify LIBI. All appeals should be sent to the Office of the President.

4.44 Computer and Network Usage/Security Policy Vigilant IT security, particularly regarding student records, is a top priority for LIBI.

This policy addresses all users of Long Island Business Institute’s Information Technology network, for both Faculty and administrative staff. Any violation of the policies herein will be reported to LIBI administration for further investigation. Provisions

• An employee must be authorized by their immediate supervisor before the IT Department can create an account profile for the employee.

• LIBI network account holders are responsible for taking utmost caution to safeguard the

integrity of their assigned accounts. A user should not act in any way that would jeopardize the integrity of computing equipment, networks, programs, or stored information.

• Users shall not access or damage any portion of LIBI’s computing resources, such as re-

cords made and maintained by LIBI, or use LIBI’s computing resources for illegal activities.

• Employees must not share passwords and are prohibited from accessing the network using another person’s account.

• Passwords should not be written down or posted in the employee’s work area. Such actions

can compromise the safety of LIBI’s network and are punishable with disciplinary action up to and including termination of employment. If any account holder realizes that his/her password has been compromised, he/she is required to contact the Information Technology Department immediately to change the password.

• In the event that an employee becomes aware of, or suspects that, a breach of system securi86

Employee Handbook 2018 - 2020 | Long Island Business Institute

ty may have compromised the safety of student education records, the employee should report the incident to the Director of Operations and Institutional Effectiveness immediately. FERPA regulations outline specific requirements and steps colleges should initiate in the event of an unauthorized release or disclosure, or other breach or compromise involving, education records. This includes the formal notification of students whose records may have been compromised within a specified time period. In instances when the employee is unsure if a breach occurred the Director of Operations and Institutional Effectiveness should be consulted as soon as possible.

• Employees are strictly prohibited from using LIBI’s network to gain access to any information to which the user is not entitled to access, copy, or modify.

• Employees may not use LIBI’s network to gain access to, or to use, another person’s or

department’s resources, programs or data without permission from the IT Department and LIBI’s President in writing or via e-mail. Upon approval from the President or the Director of Operations and Institutional Effectiveness notification will be submitted to the IT Department and security access will be upgraded accordingly.

• Employees

are strictly forbidden from saving any information from LIBI’s network or student database to personal storage devices (i.e. USB drives, portable hard drives, CDR/ DVD etc.).

• All computer software is protected by federal copyright law. In addition, LIBI’s software is

protected by legal licensing agreements. Users are responsible for knowledge of the licensing restrictions for any software used on LIBI’s computing resources. Unless specifically granted permission, a user may not copy software, or use LIBI’s software on anything but LIBI owned equipment.

• Long Island Business Institute reserves the right to examine files that are placed on LIBI owned computers when it is necessary to do so in order to ensure that the network functions properly.

• Any

manager wishing to request expanded access to electronic information either for themselves or their staff must make a formal written request to the Director of Operations and Institutional Effectiveness or the President justifying the need for upgraded security. Requests deemed necessary will be approved and forwarded to the IT Department without prior approval.

4.44.1 E-mail Use (General overview) As LIBI owns and operates the corporate e-mail system, only LIBI’s e-mail system should be used to discuss business-related activities. Employees should use LIBI’s e-mail system to create, send, receive and store all work-related e-mail. Employees must abide by LIBI’s code of professional conduct when using the college e-mail system and should not expect any privacy when using this system. For more information see Section 4.45: Email Policy.

4.44.2 Internet Use (General overview) As LIBI owns and operates its electronic communication systems and devices that provide college access to the Internet, LIBI expects that access to the Internet will be used primarily for college business-related activities. Employees should not expect any privacy when accessing Internet websites. While LIBI recognizes and promotes LIBI-related blogs, social network pages and various other media outlets via the Internet, employees are expected to abide by LIBI’s code of professional conduct when using the Internet and LIBI’s Internet-related policies. For more information about corporate Internet use, see Section 4.46: Internet Policy, Section 4.47: Social Media Policy, Section 4.48: Blogging Policy, and Section 4.49: Camera and Audio/Video-Recording Devices Policy.

Long Island Business Institute | Employee Handbook 2018 - 2020

4.45 E-Mail Policy LIBI provides electronic communication systems and devices for business-related purposes. Employees should not expect any privacy when using these systems and devices for e-mail purposes. At the time of hire, employees are provided with a college e-mail account for communicating about work-related activities. Employees should use LIBI’s e-mail system to create, send, receive and store all work-related e-mail. Ending Employment Activities — Prior to leaving employment, employees should forward all e-mail and attachments about ongoing work-related projects to their supervisors. All college e-mail accounts are “closed” by LIBI’s information technology department at the end of employees’ last day of employment. For more information about employees’ last day of employment, see LIBI’s Resignation and Voluntary and Involuntary Termination Policies.

4.45.1 Employee Use of College E-mail for Personal Reasons Employees should avoid using college e-mail accounts for personal reasons. Nonworkrelated use that interferes with productivity or otherwise violates LIBI’s policies is prohibited.

4.45.2 Employee-owned Electronic Communication Equipment LIBI recognizes that employees might own various forms of electronic communication systems and devices that allow them to access the Internet and personal e-mail accounts. Employees can use their personal electronic communication equipment at the workplace during their lunch breaks and other authorized breaks in accordance with LIBI’s Electronic Communications Policy.

4.45.3 Employee Personal E-mail Accounts LIBI recognizes that employees might have their own personal e-mail accounts, such as Gmail™ and Yahoo!® accounts. LIBI respects employees’ right to express opinions when using their personal e-mail accounts and does not retaliate or discriminate against employees who use such accounts for political, organizing or other lawful purposes. LIBI does, however, protect its name and related business assets that are discussed using any form of electronic communication, as permitted by federal and state law.

4.45.4 Employee Responsibilities When Using College E-mail The use of company email carries serious responsibility to uphold professionalism, ethics, and respect. Violation of these important responsibilities will be dealt with as major disciplinary issues.

Employees are expected to abide by the following rules and guidelines when using LIBI’s college-mail system. Employees should be mindful of their responsibilities to LIBI at all times when using e-mail. Employees should review all e-mail carefully, including using spell-check, before sending e-mail; once e-mail is sent, it is no longer under your control. Employees are expected to abide by LIBI’s code of professional conduct and LIBI’s policies when sending e-mail over the college e-mail system. All employees are expected to check and respond to their e-mails at minimum at the beginning of their workday and at the end; staff (non-teaching positions) are expected to check their e-mail throughout the workday. LIBI strives to maintain a professional work environment and considers violations of LIBI’s harassment policy to be a serious offense, including when such violations occur via e-mail. E-mail enables employees to communicate quickly and flexibly with almost anyone at LIBI. Employees should use official college communications to report actual or perceived violations of LIBI policies to supervisors, other managers or the President of the college. Employees also can report such violations anonymously reportviolations@libi.edu.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Employees are strictly prohibited from sending e-mail or otherwise using the e-mail system in connection with:

• engaging in defamatory, fraudulent or other illegal conduct; • making unauthorized disclosures of college trade secrets, development other confidential information that could harm LIBI;

plans or

• using another employee’s account or identity without explicit authorization; • attempting to test, circumvent or defeat security or auditing systems of LIBI or any other organization without prior authorization;

• permitting unauthorized persons to access LIBI’s e-mail system; or • otherwise violating LIBI’s policies. • Additionally, prohibited activities include, but are not limited to: sending or stor-

ing material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning sex, race, color, national origin, religion, age, disability, or other characteristic protected by law), or in violation of LIBI’s equal employment opportunity policy and its policies against sexual or other harassment may not be downloaded from the Internet or displayed or stored in LIBI’s computers. Employees encountering or receiving this kind of material should immediately report the incident to their supervisors and/or the Director of IT. LIBI’s equal employment opportunity policy and its policies against sexual or other harassment apply fully to the use of the Internet.

4.45.5 E-mail Storage LIBI strongly discourages employees from storing a large number of e-mail messages. Retention of messages takes up a large amount of space on the e-mail server and can slow down system performance. In addition, because e-mail messages can contain LIBI’s confidential information, it is desirable to limit the number, distribution and availability of such messages. As a general rule, if a message does not require a specific action or response, it should be deleted after it is read. If the content of the message needs to be saved for more than two weeks, it should be archived through LIBI’s e-mail system; employees cannot save any e-mail to unauthorized external hard drives, unauthorized wireless communication devices, personal e-mail accounts or to any “storage” websites. Employees should review their messages weekly and delete those that are not needed. The system administrator enforces the following retention rules:

• All unnecessary inbox messages should be deleted after 30 days. • All private folder messages should be checked every 30 days and unnecessary emails should be deleted.

4.45.6 E-Mail Security and Monitoring LIBI is able to monitor employee use of the college e-mail system, whether accessed at work or elsewhere through telecommuting, to ensure compliance with federal and state laws and regulations. LIBI will not as a matter of practice, however, do so randomly or without sound reason. For more information about security and monitoring of LIBI’s electronic communication systems and devices, see LIBI’s electronic communications policy.

Act as if your work email is not private, and that your words become a permanent record.

Employees should not have any expectation of privacy with respect to e-mail and files created, sent, received or stored on LIBI’s e-mail system. E-mail messages and files, like other types of correspondence and LIBI documents, can be accessed and read by employees with high-security clearance if a situation exists that is deemed to threaten the safety or security of the LIBI community, or for other highly critical reason.

Long Island Business Institute | Employee Handbook 2018 - 2020

• Authorized access to employees’ e-mail includes, but is not limited to: • Access by LIBI’s information technology department during the course of system maintenance or administration.

• In rare cases, access approved by employees, employees’ supervisors or LIBI when

there is an urgent business reason to access employees’ mailbox (for example, if employees are absent from the office and is not responding to callas and supervisors reasonably believe that information relevant to the day’s business is located in employees’ mailbox).

• Access

approved by LIBI when there is reason to believe employees are using e-mail in violation of LIBI’s policies.

• Access approved by LIBI in response to LIBI’s receipt of a court order or request from law enforcement officials for disclosure of employees’ e-mail messages.

4.45.7 Login names and passwords Employees receive an initial login name and password to access their college e-mail account. Employees must then change their login name and password, as prompted, after initially accessing this account. Employees are prohibited from disclosing their login name and password to anyone who is not authorized or designated by LIBI to receive this information. Employees who access their college e-mail account through a personal electronic device must log out of this account when they are not using the device for work-related purposes. LIBI’s security and antivirus software automatically scans all e-mail received by the college e-mail system and rejects such e-mail when a virus is detected. If you are unsure whether an e-mail contains a virus, please DO NOT open the e-mail; instead, contact LIBI’s information technology department. LIBI’s e-mail system is designed to block unwanted spam from college e-mail accounts. If you still receive unwanted spam, please contact LIBI’s information technology department. LIBI expects employees to protect LIBI’s trade secrets, patents, customer lists and other confidential or propriety information. LIBI expects employees to refrain from activities that violate federal or state law or regulations when using e-mail. During orientation and training seminars, LIBI reviews conduct that generally is considered unlawful when using e-mail and other forms of electronic communication. If employees have questions about such unlawful conduct, they should contact their supervisor or the Director of Operations and Institutional Effectiveness. Employees who engage in illegal activity via e-mail over LIBI’s electronic communication systems and devices, whether at work or elsewhere through telecommuting, are subject to immediate termination and appropriate legal action by LIBI or law enforcement agencies.

4.45.8 Training and Acknowledgement of LIBI’s E-Mail Policy At the time of hire, employees receive LIBI’s E-Mail Policy as part of their New Employee Orientation. Employees receive annual training refresher thereafter on LIBI’s E-Mail Policy. At orientation and training seminars, employees must sign an acknowledgement form that they have received and reviewed the material. Additionally, specialized training is provided as needed to employees who are authorized to send e-mail on behalf of LIBI to business associates and the general public. Additional specialized training also is provided to employees who are authorized to send LIBI’s trade secrets, customer lists or other confidential and proprietary information via e-mail.

4.45.9 Violations of LIBI’s E-Mail Policy Unless otherwise provided in this policy, employees who violate LIBI’s E-Mail Policy are subject to discipline, up to termination, under LIBI’s discipline policy. Employee violations

Employee Handbook 2018 - 2020 | Long Island Business Institute

of LIBI’s E-Mail Policy also can constitute violations of other relevant LIBI policies. Employees who use LIBI e-mail for illegal purposes are subject to appropriate legal action by LIBI or governmental entities.

4.45.10 Retaliation Prohibition LIBI does not retaliate or discriminate against employees for sending e-mail that is protected under federal or state laws or regulations, including political campaign affiliations.

4.45.11 Modification of LIBI’s E-Mail Policy LIBI’s E-Mail Policy only can be amended or modified by written approval of the President of LIBI.

4.45.12 Sending Community-Wide E-mails Employees may not send community e-mails without prior permission from the Director of Operations and Institutional Effectiveness or the Assistant Campus Director. Only the executive staff and the IT Department should communicate with the LIBI community via mass e-mails unless specifically granted permission by the President of the College.

4.46 Internet Policy 4.46.1 Games and Entertainment Software Employees may not use LIBI’s Internet connection to download games or other entertainment software, including wallpaper and screen savers, or to play games, watch videos, or listen to music over the Internet.

The internet is an important business tool and should be respected as such.

4.46.2 Illegal Copying Employees may not illegally copy material protected under copyright law or make that material available to others for copying. You are responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material you wish to download or copy. You may not agree to a license or download any material for which a registration fee is charged without first obtaining the express written permission of the College President.

4.46.3 Virus Detection Employees may not use files obtained from sources outside LIBI, including DVDs, software brought from home; files downloaded from the Internet, newsgroups, bulletin boards, USB drives, portable hard drives, or other online services; files attached to e-mail may contain dangerous computer viruses that may damage LIBI’s computer network. Employees should never download files from the Internet or accept e-mail attachments from sources they do not know. Employees who suspect that a virus may have been introduced into the College’s network should notify the IT department immediately.

4.47 Social Media Policy This policy governs the publication of and commentary on social media by employees of Long Island Business Institute and its related companies (“LIBI”). For the purposes of this policy, social media Long Island Business Institute | Employee Handbook 2018 - 2020

means any facility for online publication and commentary, including without limitation blogs, wiki’s, social networking sites such as Facebook, LinkedIn, Twitter, Flickr, and YouTube. This policy is in addition to and complements any existing or future policies regarding the use of technology, computers, e-mail and the internet. Publication and commentary on social media carries similar obligations to any other kind of publication or commentary. All uses of social media must follow the same ethical standards that LIBI employees must otherwise follow. LIBI recognizes that online social media can be highly effective tools for sharing ideas and exchanging information. LIBI is committed to using social media to promote LIBI’s visibility and maintain communications with current and prospective employees, students, business partners, vendors and suppliers, and the general public. This policy addresses general use of social media by employees, including managers, executive staff members, and members of the board and specific use of social media for work purposes. LIBI adheres to all relevant federal and state laws and regulations regarding electronic communications.

4.47.1 General Social Media Guidelines LIBI defines social media broadly to include online platforms that facilitate activities such as professional or social networking, posting commentary or opinions and sharing pictures, audio, video or other content. Social media include personal websites and all types of online communities (for example, Facebook®, LinkedIn®, Yelp®, YouTube™, Twitter™, blogs, message boards and chat rooms). Before starting a social media program on behalf of LIBI, or any entity of LIBI, an employee must have authorization from the President of the Long Island Business Institute.

4.47.2 LIBI-Owned Electronic Communication Systems and Devices LIBI electronic communication systems and devices should be used primarily for business-related purposes and employees should not expect any privacy when using such systems and devices for social media purposes. Employees should review LIBI’s electronic communications policy regarding permitted use of LIBI electronic communication systems and devices.

4.47.3 Employee-Owned Electronic Communication Devices at the Workplace LIBI recognizes that employees might own various forms of electronic communication devices that allow them access to social media. Employees only can use personal electronic communication devices at the workplace during their designated breaks and only according to LIBI’s electronic communications policy.

4.47.4 Remote Access Security & Protection Policy – Personal Computers & LIBI Owned Electronic Devices Employees with remote access to LIBI’s Databases is limited. All employees with remote access to LIBI’s data, must submit the device to the IT Department for a security check the last Friday of each month. If a device with remote access is lost or stolen, employees are required to submit an incident report immediately to the IT Department. The Incident report can be submitted throughout the incident report system in LIBI’s website or by directly contacting the Senior Database Administrator.

Employee Handbook 2018 - 2020 | Long Island Business Institute

Once the report is received by the IT Department, the device will be remotely locked, deactivated, and tracked. The login credentials of the employee in question will be automatically deactivated and suspended till further notice or until a resolution is issued. If the device cannot be recovered, the employee in question will receive new login credentials. Remote access will not be authorized until the investigation is concluded. The President of the College will make the decision of whether or not the employee will be granted remote access in the future, based on the findings of the investigation.

4.47.5 Social Media Use in the Workplace 1. Be mindful of your responsibilities to LIBI as described in LIBI’s code of professional conduct. Once content is posted online, it is no longer under your control; online postings can remain on the Internet indefinitely and content posted to private websites does not always stay private. 2. Violations of LIBI’s harassment policies that occur via social media are subject to discipline according to LIBI’s discipline policy. 3. Employees should not take pictures or make audio/video recordings in private areas such as changing rooms, or restrooms nor share such pictures or recordings via social media. For more information on cameras and audio/video recording devices use, see LIBI’s camera and audio/video-recording devices policy. 4. LIBI expects employees not to engage in activities that violate federal and state law and regulations when using social media. LIBI reviews with employees during orientation and training seminars what generally constitutes violations of federal and state laws and regulations when using social media and other forms of electronic communications; if employees have any questions about what is considered to be a violation of federal or state laws and regulations when using social media or other forms of electronic communications, they should contact their supervisors or the Director of Operations and Institutional Effectiveness. Employees who engage in illegal activity via social media over LIBI’s electronic communication systems, whether at work or elsewhere through telecommuting, are subject to immediate termination; they also are subject to appropriate legal action by LIBI or governmental entities.

• Be transparent, and avoid inadvertent misrepresentation. Employees or contractors

blogging on behalf of the college or its entities must use real names, identify their affiliation, be clear about their role and relationship to the college and comply with all disclosure laws. When commenting on social media on behalf of any System entity, the Federal Trade Commission requires disclosure of an employee’s affiliation. When interacting with people online, an employee or contractor of LIBI should clearly state his or her role in the account’s bio. This is the ethical thing to do, and there may be personal liability consequences under Federal Trade Commission regulations if the employee doesn’t comply.

Be mindful of your responsibilities to LIBI as described in LIBI’s code of professional conduct. Once content is posted online, it is no longer under your control; online postings can remain on the Internet indefinitely and content posted to private websites does not always stay private.

Note to System employees using their own personal social media sites: Make it clear that the views expressed are yours. Recognize that effective social engagement depends upon transparency. Your honesty —or dishonesty — will be quickly noticed in the social media environment, and your credibility — and that of LIBI— will be at stake. If you have a vested interest in something you are discussing, be the first to point it out. Write in the first person, and if you maintain a personal blog or website and write opinion pieces about the college or its entities, use a disclaimer, such as “The postings on this site are my own and don’t necessarily represent the positions, strategies or opinions of the Long Island Business Institute, LIBI, or its entities.” 5. Follow the institution’s editorial and brand style. All departments, programs and individuals using social media must abide by official college standards for brand-

Long Island Business Institute | Employee Handbook 2018 - 2020

ing, graphics and written communications. Use of your institution’s official logo is not permissible as a profile photo or on a blog unless express permission is granted by the LIBI Graphic Designer (through the Office of the President). 6. Respect copyright law. Obtain permission from the copyright owner before using copyrighted material such as original works of authorship including videos and images or literary, dramatic, musical, and artistic works. Provide a link to the original material if possible. 7. Abide by all applicable college and institutional policies, and respect college time and property. LIBI employees must follow all college policies and the policies of all programs being represented with regard to ethics, privacy and employee behavior when posting to the social media sites of the Long Island Business Institute or its affiliates. College computers and individual work time are to be used only for college-related business, which may include social media management as related to individual or unit work goals. Comply with all applicable institutional policies, and stay abreast of emerging new policies governing faculty & staff profiles. 8. When in doubt, ask. If you have any questions about what is appropriate, check with LIBI’s institutional Graphic Designer or the President’s Office.

4.47.6 Employee Personal Social Media LIBI respects employees’ right to express personal opinions when using personal social media and does not retaliate or discriminate against employees who use social media for political organizing or other lawful purposes, such as activities protected under the National Labor Relations Act. Employees who link to LIBI websites on personal social media websites should identify their relationship with LIBI. Employees who identify themselves as LIBI’s employees on social media should state that the views they express are their own. LIBI protects its name and related business assets that are discussed on social media, as permitted by federal and state law. Sample statement should read: “Opinions expressed are solely my own and do not express the views or opinions of my employer.” or “Views expressed here are not supported by the Long Island Business Institute.”

4.47.7 Social Media Use for Work Purposes Be careful with social media… communication posted can backfire.

Employee use of social media for work purposes: LIBI permits reasonable use of social media by all employees for work purposes, such as research or to participate in audio-conferences or webinars. However, LIBI only permits authorized employees to advertise, sell or otherwise promote LIBI’s programs or services via social media. LIBI expects all employees to abide by LIBI’s code of professional conduct when using social media for work purposes. LIBI-sponsored social media: LIBI engages in communications with current and prospective employees, students, business partners, vendors and suppliers, affiliates and subsidiaries and the general public via LIBI-sponsored social media (for example, LIBI has its own Facebook® account and other similar social media accounts). LIBI-sponsored social media are for business use only and LIBI owns the accounts for LIBI-sponsored social media, including all content, communications and connections created, sent, received or stored on such accounts. Only employees who are designated and authorized by LIBI can prepare content for or delete, edit or otherwise modify content on LIBI-sponsored social media; such employees are specially trained by LIBI for use of LIBI-sponsored social media. No employee is permitted to create any social media profiles on behalf of college without the explicit written permission of the President of LIBI. LIBI-issued email accounts must be used for account setup, not solely the personal email accounts of employees. Each social

Employee Handbook 2018 - 2020 | Long Island Business Institute

media account must have more than one administrator with access to the social media account. Passwords to all social media profiles created on behalf of LIBI must be sent to the IT Manager. Employees that are designated to manage LIBI-sponsored social media sites must maintain a high level of ethical conduct and professional decorum. Individuals authorized to post LIBI’s social media sites shall present information that is accurate, relevant and factual. It should also follow professional standards for grammar, spelling and clarity. LIBI expects employees and contractors engaging in social media on its behalf to ensure that content is kept current, posts are made consistently and responses are timely. Any LIBI social media sites with no activity for 90 days or more should be deactivated. Deactivation includes making the account private or noting the inactive status in the bio or about section of the account. Methodical monitoring and assessment, together with active management, is a requirement for engaging in social media successfully and productively on behalf of LIBI or any of its entities. The IT Manager should be notified when accounts are deactivated. LIBI protects its copyrights, trademarks, patents, trade secrets, customer lists and other sensitive, proprietary and confidential material as permitted by federal and state law. Employees who are authorized to manage LIBI-sponsored social media sites must act judiciously to protect privacy, confidentiality, and reputation. Employees must recognize that content and messages posted on social media are public and are official communications. Employees may not use either institutional social media accounts or their own personal social media accounts to reveal confidential information obtained through their official responsibilities as an employee of LIBI or any affiliated vendor. Individuals authorized by LIBI to post official college information on social media sites shall NOT

• post

information directly related to ongoing investigations, negotiations and/or matters that are confidential or privileged by law;

• lobby or post politically partisan comments; • imply or post information that would give an ordinary member of LIBI, its officers, managers, directors or faculty or its affiliates and unless expressly authorized to do so in writing by the President of the Long Island Business Institute.

• impede the general performance and operation of LIBI or its members and agencies or affects working relationships necessary to the proper functioning of the college and/or its members and affiliates;

• endorse any product, vendor or site unless given permission to do so. Note: Do not disclose student information. Abide by Family Educational Rights and Privacy Act (FERPA). This is especially important in dealing with students who post questions online about their educational circumstances (e.g. “Did my credits transfer?”). Ask the student for a private conversation.

4.47.8 Security and Monitoring of Social Media As LIBI owns and operates electronic communication systems and devices, LIBI explicitly reserves the right to monitor employee use of social media over its systems and devices, whether accessed at work or elsewhere through telecommuting, to ensure that electronic communication systems and devices are being used in compliance with federal and state laws and regulations, this policy and other LIBI rules. For more information about security and monitoring of LIBI’s electronic communication systems and devices, see LIBI’s Electronic Communications Policy.

4.47.9 Training and Acknowledgement of LIBI’s Social Media Policy When hired, employees review and receive LIBI’s Social Media Policy as part of their orientation with LIBI. Employees receive annual reminders thereafter on LIBI’s Social Media Policy. Long Island Business Institute | Employee Handbook 2018 - 2020

At orientation and annual training seminars, employees must sign an acknowledgement form that they have reviewed and received training on and will comply with LIBI’s Social Media Policy. Specialized additional training may be provided annually and as needed to employees who are authorized to prepare content for or delete, edit or otherwise modify content on LIBI-sponsored social media.

4.47.10 Violations of LIBI’s Social Media Policy Do not violate LIBI’s Social Media Policy.

If not otherwise provided in this policy, employees who violate LIBI’s Social Media Policy are subject to discipline, up to termination, according to LIBI’s discipline policy. Employee violations of LIBI’s Social Media Policy also can constitute violations of other relevant LIBI policies. Employees who use social media for illegal purposes will be subject to appropriate legal action by LIBI and/or governmental entities. LIBI expects and encourages employees to use official company communications to report all perceived or actual violations of LIBI policies, including violations of LIBI’s Social Media Policy. Employees can report actual or perceived violations to supervisors, other managers or to the President of the Long Island Business Institute. Employees may also report violations anonymously. Regardless of how the reports are made, LIBI will not disclose the identity of the reporting individual unless required by law.

4.47.11 Modification of LIBI’s Social Media Policy LIBI’s Social Media Policy cannot be amended or modified other than by written approval of LIBI.

4.48 Blogging Policy LIBI recognizes that blogs, other types of self-published online journals and collaborative web-based discussion forums can be highly effective tools for sharing ideas and exchanging information. LIBI is committed to using these electronic communications to promote LIBI’s visibility and maintain communications with current and prospective students, community and industry partners, vendors and suppliers, affiliates and subsidiaries and the general public. LIBI also is concerned with ensuring that use of such communications serves LIBI’s needs to maintain LIBI’s brand identity, integrity and reputation while minimizing actual or potential legal risks. LIBI adheres to all relevant federal and state laws and regulations regarding electronic communications. This policy addresses appropriate use of blogging to convey LIBI information and general use of blogging by interns, employees, including managers, and executive staff.

4.48.1 General Blogging Guidelines LIBI’s social media policy governs overall use of social media, including blogging. This policy serves as supplementary guidance to LIBI’s social media policy; for more information, see LIBI’s social media policy. LIBI communication systems and devices should be used for business-related purposes and employees should not expect any privacy when using such systems and devices for blogging purposes.

4.48.2 Employee Blogging for Personal Reasons LIBI prohibits personal use of its electronic communication systems and devices for blogging regardless of whether such use occurs during work or non-work time. 96

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.48.3 Employee-owned Electronic Communication Equipment LIBI recognizes that employees might own various forms of electronic communication systems and devices that allow them access to the Internet and blogging websites. Employees only can use personal electronic communication systems and devices at the workplace according to LIBI’s Electronic Communications Policy.

4.48.4 Employee Personal Blogs LIBI respects employees’ right to express personal opinions when using personal blogs and does not retaliate or discriminate against employees who use blogs for political or other lawful purposes. Employees who link to LIBI’s websites on personal blogs should identify their relationship with LIBI but should state that the views they express are their own. Sample statement should read: “Opinions expressed are solely my own and do not express the views or opinions of my employer.” or “Views expressed here are not supported by the Long Island Business Institute.”

When posting to personal, outside blogs that link to LIBI websites or blogs, employees are responsible to ensure no confusion of personal message with official LIBI opinion.

LIBI protects its name and related business assets that are discussed on personal blogs as permitted by federal and state law.

4.48.5 LIBI-sponsored Blogs LIBI engages in communications with current and prospective students, business and industry partners, vendors and suppliers, affiliates and subsidiaries and the general public via LIBI-sponsored blogs. LIBI-sponsored blogs are for business use only and LIBI owns the accounts for LIBI-sponsored blogs, including all content, communications and connections created, sent, received or stored on such accounts. Only employees who are designated and authorized by LIBI can prepare content for or delete, edit or otherwise modify content on LIBI-sponsored blogs; such employees are specially trained by LIBI for use of LIBI-sponsored blogs. Business units or their departments that are permitted to maintain blogs are responsible for ensuring that the blogs conform to LIBI’s Blogging Policy. LIBI expects invited guest bloggers on LIBI-sponsored blogs to abide by LIBI’s Blogging Policy. LIBI can remove without advance notice inaccurate or inappropriate content created by guest bloggers and can take other action, including legal action, against guest bloggers who fail to abide by LIBI’s Blogging Policy.

4.48.6 Employee Blogging for Work Purposes LIBI permits reasonable use of blogs by all employees for work purposes, such as for research. However, LIBI only permits authorized employees to advertise, sell or otherwise promote LIBI’s programs or services via blogs. LIBI expects all employees to abide by LIBI’s code of professional conduct when using blogs for work purposes. LIBI’s guidelines regarding social media use in the workplace apply to all forms of blogging. As such, LIBI incorporates by reference LIBI’s guidelines regarding employee use of social media in the workplace into this policy. LIBI expects employees who blog to abide by such guidelines. For more information, see LIBI’s Social Media Policy. LIBI reminds employees that employees are expected not to engage in activities that violate federal and state law and regulations when blogging. LIBI reviews with employees during orientation and training seminars what generally constitutes violations of federal and state laws and regulations when blogging and using other forms of electronic communications; if employees have any questions about what is considered to be a violation of federal or state Long Island Business Institute | Employee Handbook 2018 - 2020

laws and regulations when blogging or using other forms of electronic communications, they should contact their supervisors or the Director of Operations and Institutional Effectiveness, the Provost, or the President of the college. Employees who engage in illegal activity via blogs over LIBI’s electronic communication systems and devices, whether at work or elsewhere through telecommuting, are subject to immediate termination; they also are subject to appropriate legal action by LIBI and/or governmental entities.

4.48.7 Security and Monitoring of Blogs As LIBI owns and operates its electronic communication systems and devices, LIBI reserves the right to monitor employee use of blogging websites over its systems, whether accessed at work or elsewhere through telecommuting, to ensure that electronic communication systems and devices are being used in compliance with federal and state laws and regulations, this policy and other LIBI rules. For more information about security and monitoring of LIBI’s electronic communication systems and devices, see LIBI’s Electronic Communications Policy.

4.48.8 Training and Acknowledgement of LIBI’s Blogging Policy When hired, employees review and receive LIBI’s Blogging Policy as part of their orientation with LIBI. Employees receive training thereafter on LIBI’s Blogging Policy only as needed. At orientation and any further training seminars, employees must sign an acknowledgement form that they have reviewed and received training on and will comply with LIBI’s Blogging Policy. By signing the acknowledgement form during New Employee Orientation, each employee accepts the responsibility of reading the policies in the Employee Handbook carefully and for seeking clarification when the employee is unclear about the applicability of the policy to their particular circumstance. The Employee Handbook sign-off sheet also stipulates that employees reviewed the policies and received training on and will comply with LIBI’s Blogging Policy. Specialized additional training is provided initially and thereafter as needed to employees who are authorized to prepare content for or delete, edit or otherwise modify content on LIBI-sponsored blogs.

4.48.9 Violations of LIBI’s Blogging Policy. If not otherwise provided in this policy, employees who violate LIBI’s Blogging Policy are subject to discipline, up to termination, according to LIBI’s disciplinary policies. Employee violations of LIBI’s Blogging Policy also can constitute violations of other relevant LIBI policies. Employees who use blogs for illegal purposes are subject to appropriate legal action by LIBI and/or governmental entities. LIBI encourages employees to use official company communications to report all perceived or actual violations of LIBI policies, including violations of LIBI’s Blogging Policy. Employees can report actual or perceived violations to supervisors, other managers or to the President of the college. Employees may also report violations anonymously. Regardless of how the reports are made, LIBI will not disclose the identity of the reporting individual unless required by law.

4.48.10 Modification of LIBI’s Blogging Policy LIBI’s Blogging Policy cannot be amended or modified other than by written approval of authorized personnel in the office of the President.

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.49 Camera and Audio/Video-Recording Devices Policy To promote LIBI’s visibility and programs and to recognize employee achievements, LIBI can hire photographers/videographers to take official pictures or video of college events or other college activities for LIBI purposes. LIBI also understands that many employees own cameras (digital or otherwise) and audio/video-recording devices, including cell phones that include camera or audio/video-recording functions, and use them to capture pictures and audio/video of important events in their personal lives. As such, LIBI understands that employees might want to share such pictures or audio/video with other employees or students or wish to take pictures or audio/video recordings while at work.

Camera and video/audio recording device usage in the campus setting is governed by safety and privacy rules and guidelines.

This policy establishes LIBI’s rules governing use of camera and audio/video-recording devices on LIBI’s premises. LIBI adheres to all relevant federal and state laws and regulations regarding electronic communications.

4.49.1 General Restrictions on Camera and Audio/Video-Recording Devices LIBI’s electronic communications policy governs overall use of personal electronic communication devices on LIBI’s premises. This policy serves as supplementary guidance to LIBI’s electronic communications policy; for more information, see LIBI’s electronic communications policy. Electronic communication devices in this policy mean all electronic devices, including cameras (digital or otherwise), any type of camcorders and wireless electronic communication devices that have camera or audio/video-recording functions like smartphones and iPhones®.

4.49.2 Protecting LIBI Property and Employee, Student, and Guest Safety To protect LIBI’s intellectual property and employee, student, and guest safety, LIBI prohibits employees from bringing all personal electronic communication devices into the classrooms and campus offices. Anyone wishing to take pictures or video of our students in the classrooms, during campus events or activities, or in the offices (even when special celebrations may be taking place) must first have the permission of the college to do so. Under no circumstances, due to privacy and safety and security protections, are LIBI employees permitted to post pictures or videos of other LIBI employees or our students on personal social media sites without first notifying the college of their intent to do so.

4.49.3 Protecting Employee, Student, and Guest Privacy Employees should not take pictures or make audio/video recordings in private areas such as restrooms or in changing rooms (maintenance department) share such pictures or recordings via social media. Employees engaging in this behavior will be subject to immediate termination of their employment with LIBI. For more information on social media use, see LIBI’s Social Media Policy. LIBI hires photographers/videographers, or asks specific individuals in the college community to take official pictures or make audio/video recordings of college events or other college activities for LIBI purposes; pictures taken at college events can be released to employees upon express and written approval from LIBI. All pictures and audio/video recordings captured by LIBI are considered to be LIBI property; unauthorized access or use of any such pictures or audio/video recordings is considered to be theft of LIBI property and LIBI will take appropriate disciplinary and legal action for any such theft.

4.49.4 Harassment LIBI strives to maintain a professional work environment and considers violations of LIBI’s harassment policy to be a serious offense, including when such violations occur through takLong Island Business Institute | Employee Handbook 2018 - 2020

ing pictures, making audio/video recordings or sharing pictures or audio/video recordings. LIBI expects employees not to engage in activities that violate federal and state law and regulations when using electronic communication devices for picture-taking or audio/video-recording purposes authorized by the college. LIBI reviews with employees during orientation and training seminars what generally constitutes violations of federal and state laws and regulations when using all forms of electronic devices; if employees have any questions about what is considered to be a violation of federal or state laws and regulations when using electronic devices, they should contact their supervisors, the Director of Operations and Institutional Effectiveness, the Provost or the President of the college. Employees who engage in illegal activity through use of personal electronic communication devices for picture-taking or audio/video-recording purposes are subject to immediate termination; they also are subject to appropriate legal action by LIBI and/or governmental entities.

4.49.5 Training and Acknowledgement of LIBI’s Camera and Audio/Video Recording Devices Policy When hired, employees review and receive LIBI’s Camera and Audio/Video-Recording Devices Policy as part of their orientation with LIBI. All employees are expected to read this policy and abide by the rules set herein. By signing the acknowledgement form during New Employee Orientation, each employee accepts the responsibility of reading the policies in the Employee Handbook carefully and for seeking clarification when the employee is unclear about the applicability of the policy to their particular circumstance. The Employee Handbook sign-off sheet also stipulates that employees reviewed the policies and received training on and will comply with LIBI’s Camera and Audio/Video-Recording Devices Policy.

4.49.6 Violations of LIBI’s Camera and Audio/Video-Recording Devices Policy Employees are trained to understand what audio/video violations could be and to avoid them.

Devices Policy also can constitute violations of other relevant LIBI policies. Employees who use electronic communication devices to take pictures or make audio/video recordings for illegal purposes are subject to appropriate legal action by LIBI and/or governmental entities. LIBI encourages employees to use official college communications to report all perceived or actual violations of LIBI policies, including violations of LIBI’s Camera and Audio/Video Recording Devices Policy. Employees can report actual or perceived violations to supervisors, the Director of Operations and Institutional Effectiveness, or the President of the college. Employees may also report violations anonymously. Regardless of how the reports are made, LIBI will not disclose the identity of the reporting individual unless required by law.

4.49.7 Modification of LIBI’s Camera and Audio/Video-Recording Devices Policy LIBI’s Camera and Audio/Video-Recording Devices Policy cannot be amended or modified other than by written approval of LIBI.

4.50 Setting up Social Media Social media identities, login ID’s and user names may not use LIBI’s name without prior approval from the office of the President staff (Director of Operations and Institutional Effectiveness or LIBI's Graphic Designer).

100

Employee Handbook 2018 - 2020 | Long Island Business Institute

4.50.1 Respect Copyright Laws All LIBI employees are expected to show proper respect for the laws governing copyright and fair use or fair dealing of copyrighted material owned by others, including LIBI's own copyrights and brands. Employees are advised to quote no more than short excerpts of someone else’s work, and to always attribute such work to the original author/source.

4.50.2 Don’t Tell Secrets Confidential information should never be published on any social media channels. Information considered confidential includes things such as unpublished details about LIBI, details of current projects, future plans, financial information, research, and students.

4.50.3 Respect Your Audience, LIBI, and Your Coworkers The public in general, and LIBI’s employees and students, reflect a diverse set of customs, values and points of view. Employees should not say anything contradictory or in conflict with LIBI’s policies, publications and website. Employees are expected to uphold the highest standards of decorum when interacting with others electronically. Employees should use good judgment and avoid saying things that can be interpreted as ethnic slurs, offensive comments, defamatory comments, personal insults, or obscenity. Employees must make it clear that their views and opinions do not represent the official views of LIBI.

4.50.4 Disclaimers Many social media users include a prominent disclaimer saying who they work for, but that they’re not speaking officially. This is good practice and is mandated by LIBI. You must use a disclaimer saying that while you work for LIBI, anything you publish is your personal opinion, and not necessarily the opinions of LIBI. The Director of Operations and Institutional Effectiveness can provide you with applicable disclaimer language and assist with determining where and how to use that.

4.50.5 Enforcement Remember that what you post will be viewed and archived permanently online once you hit the “publish” button. On sites where you publicize your professional affiliation, make sure that your profile adheres to established criteria. Policy violations will be subject to disciplinary action, up to and including termination of employment.

4.50.6 Protect LIBI Students, Employees and Business Partners Students, employees and business partners should not be cited or obviously referenced in any public forum. Employees should never identify a student, another employee, or LIBI’s business partner by name without written permission from the Director of Operations and Institutional Effectiveness.

4.51 Cyberstalking, Cyberharassment and Cyberbullying Cyberstalking, cyberharassment and cyberbullying involve the use of information and communication technologies (i.e. e-mail, social media, cell phones, etc.) in a deliberate, repeated, and hostile manner by an individual (or a group) that is intended to harm others. All LIBI employees and students are expected to use LIBI’s computing and technological resources

Long Island Business Institute | Employee Handbook 2018 - 2020

Cyberstalking and bullying are emerging issues, and LIBI strictly enforces rules against these infractions. 101

in a responsible, appropriate, and legal manner fully heeding to local, state and federal laws. Employees are strictly forbidden from using LIBI’s computing resources, e-mail or messaging systems to harass, intimidate, threaten, insult, or disparage another person in any way. Any employee engaging in any activity that can be perceived as cyberstalking, cyberharassment or cyberbullying will be subject to disciplinary action up to termination of employment. Cyberstalking is the use of the Internet, e-mail or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. Cyberstalking carries legal sanctions that range from misdemeanors to felonies. Cyberharassment usually pertains to threatening or harassing e-mail messages, instant messages, or to social media or websites dedicated solely to tormenting an individual. Employees engaging in any such activities on LIBI’s premises or using LIBI’s resources will be subject to proper disciplinary action up to and including termination.

4.52 Community Updates and Bulletin Boards Because the Long Island Business Institute has campuses in multiple geographic locations, senior managers frequently communicate with the campus community via e-mail. It is expected that all employees read and respond to their electronic messages in a timely fashion.

4.53 Sending Community-wide E-mail Community-wide e-mails may be sent only for the purpose of communicating LIBI sponsored activities, to communicate policy changes, to further campus safety activities, to issue safety alerts and timely warnings, or to disseminate information that benefits or furthers LIBI’s educational mission or operations. LIBI’s distribution lists should not be used for personal messages, jokes, chain letters, or virus warnings. The only department authorized to communicate virus warnings via mass e-mail is LIBI’s IT department. Any member of LIBI community receiving virus warnings should promptly forward those e-mails to the IT department. The IT staff will determine the legitimacy of the e-mail and issue appropriate warnings to the rest of the LIBI community. LIBI’s e-mail system should not be used as an advertising medium nor is it to be utilized to sell goods or services to the rest of the community. Pyramid schemes are strictly forbidden and the sender will face appropriate disciplinary action based on the severity of the circumstances surrounding the violation. Commercial, political, or religious solicitations should not be sent using LIBI’s e-mail system. Employees sending such solicitations will be considered in violation of this policy and will be subject to disciplinary actions. Sending obscene, defamatory, derogatory, or harassing e-mails to any member of the LIBI community will result in disciplinary action up to and including termination.

4.54 CampusVue (Database) Usage Policy Employees must obtain a separate login to access CampusVue, LIBI’s database system. Having network access does not mean that the employee has CampusVue access. All requests for access to the CampusVue System and/or for security upgrades must be made in writing or via e-mail and approved by LIBI’s President. All CampusVue users are required to adhere to the computer and network usage/security policy. Employees are expected to abide by all FERPA regulations when using the College’s database. If an employee must momentarily leave his/her workstation unattended, the employee should use the

102

Employee Handbook 2018 - 2020 | Long Island Business Institute

“lock computer function” before leaving his/her work area. Leaving your workstation unattended or sharing your database access login and password is strictly prohibited. Employees who do not follow this policy and his/her account is used for unauthorized activity/activities, the employee will be held accountable as if he/she had committed the act. All users are required to lock their computers by pressing (Ctrl–Alt–Delete) when leaving their desk for a short span of time. In addition, all employees are required to completely log off the CampusVue database system if they are leaving their desk for more than 15 minutes at a time. The combined processing power available to users on servers in LIBI’s Data Center network is substantial. However, a large computational task on any of the machines servicing CampusVue can make the Data Center servers so slow as to be nearly unusable for other users. Long Island Business Institute reserves the right to interrupt and/or terminate any process or break any network connection that it determines is adversely affecting the system or the rights of other users. Violation of any of these policies will be taken seriously and may result in disciplinary action up to and including termination of employment. Use of the Internet via LIBI’s computer system, and/or use of LIBI’s computer network constitute consent by the user to all of the terms and conditions on all of the policies listed herein. All employees must sign a Computer Network, E-mail and Internet, and Database Policies Acknowledgement Form, which will be provided during new hire orientation.

4.55 Compliance Poster and Postings Employees can find important information about LIBI and various employment laws posted outside the office of the Bursar and the Student Career Services Center at the Flushing campus. LIBI posts important information regarding employees’ legal rights, including information about equal employment opportunity laws and wage and hour laws. It is the expectation of LIBI that all employees read the information on the bulletin boards periodically. At the Commack Campus all of the above-noted information may be found in the Campus Book Room and the Faculty Lounge. At LIBI NYC these posters can be found on the second floor by the Bursar's Office and campus Bookstore. Because this bulletin board is LIBI’s way of communicating with employees, only managers and appropriately ranking LIBI administrators are permitted to post information there. Employees wishing to communicate information to their co-workers must first give the communication to the Executive Assistant to the President, the Campus Events Coordinator, or the Assistant Campus Director for approval. At the Commack campus employees may also give the communication to the Librarian for approval and posting.

Long Island Business Institute | Employee Handbook 2018 - 2020

103

5. HARASSMENT POLICIES 5.1 General Statement It is our policy and our responsibility to provide our employees with a workplace free from harassment.

It is our policy and our responsibility to provide our employees with a workplace free from harassment. Therefore, LIBI will not tolerate harassment on the basis of race, color, sex, gender (including gender identity and expression), pregnancy, religion, creed, national origin, age, alienage and citizenship, status as a perceived or actual victim of domestic violence, disability, marital status, sexual orientation, military status, partnership status, genetic predisposition or carrier status, arrest record,, or any other characteristic protected by law that may undermine our workplace morale and our commitment to treat each other with dignity and respect. Accordingly, harassment will not be tolerated at LIBI. Harassment can take many forms, including but not limited to: touching or other unwanted physical contact, posting offensive cartoons or pictures, using slurs or other derogatory terms, telling offensive or lewd jokes and stories, and sending e-mail messages with offensive content. Unwanted sexual advances, requests for sexual favors and sexually suggestive gestures, jokes, propositions, e-mail messages, or other communications all constitute harassment. If you experience or witness or believe that you are being subjected to any form of harassment in the workplace, please immediately notify the Title IX Coordinator by following the steps outlined in our Complaint Policy. We encourage you to come forward with complaints. The sooner we learn about the problem, the sooner we can take steps to resolve it. LIBI will not retaliate or allow retaliation against anyone who complains of harassment or assists in a harassment investigation. All managers are required to immediately report any incidents of harassment, as set forth in our Complaint Policy later in this section. All allegations of sexual harassment will be quickly and discreetly investigated. To the extent possible, your confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, you will be informed of the outcome. Those who are found to have violated this policy will be subject to appropriate disciplinary action, up to and including termination of employment.

5.2 Early Intervention Employees who have experienced conduct they believe is contrary to LIBI’s anti-harassment policy have an obligation to take advantage of this complaint procedure. An employee’s failure to fulfill this obligation could affect his/her rights in pursuing legal action. Also, please note, federal, state and local discrimination laws establish specific time frames for initiating a legal proceeding pursuant to those laws. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, LIBI strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. LIBI will make every effort to stop alleged harassment before it becomes severe or pervasive but can only do so with the cooperation of its staff and Faculty. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his/her behavior is unwelcome and requesting that it be discontinued. For more information on Title IX Sexual Assaults on Campus please see the Appendix: Sexual Harassment in the Workplace.

5.3 Complaint Policy The Long Island Business Institute is committed to providing a safe and productive work environment, free of threats to the health, safety, and well-being of our workers. These threats include, but are 104

Employee Handbook 2018 - 2020 | Long Island Business Institute

not limited to: harassment, discrimination, violations of health and safety rules, and violence. Any employee who witnesses or is subject to inappropriate conduct in the workplace may complain to their immediate supervisor or to any member of LIBI’s administrative team. Any supervisor, manager, or senior college administrator who receives a complaint about, hears of, or witnesses any inappropriate conduct is required to immediately notify the President of the College. Inappropriate conduct includes any conduct prohibited by our policies with respect to harassment, sexual harassment, discrimination, discipline, workplace violence, safety, wages and hours, and drug and alcohol use. In addition, we encourage employees to come forward with any workplace complaint, even if the subject of the complaint is not explicitly covered by our written policies. LIBI’s executive staff is committed to creating and maintaining a safe and harassment-free environment which is why LIBI encourages all employees and students to come forward with complaints immediately, so LIBI can take whatever action is needed to handle the problem. Once a complaint has been made, the President will determine how to handle the investigation in a timely and expedient manner. For complaints deemed serious or potentially threatening to the safety of the LIBI community, the President or the Director of Operations and Institutional Effectiveness will immediately conduct a complete and impartial investigation. All complaints will be handled as confidentially as possible. When the investigation is complete, LIBI will take corrective action, if appropriate. We will not engage in or allow retaliation against any employee who makes a good faith complaint or participates in an investigation. If you believe that you are being subjected to any kind of negative treatment because you made or were questioned about a complaint, report the conduct immediately to the President, the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his/her behavior is unwelcomed and requesting that it be discontinued.

5.4 The Investigation Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly, thoroughly and impartially. The Director of Operations and Institutional Effectiveness or the President will assign an appropriately ranking manager who is not related to the allegations being investigated to act as the investigation’s liaison. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigative process to the extent that will allow consistent and adequate investigation and appropriate corrective action.

5.5 Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension without pay or termination of employment, as LIBI believes appropriate under the circumstances.

5.6 Our Doors Are Open to You We want to maintain a positive and pleasant environment for all of our employees, students, prospective students and visitors. To help us meet this goal, LIBI’s senior management team has an open-door policy, by which employees are encouraged to report work-related concerns. If something about your job is bothering you, or if you have a question, concern, idea, or problem

Long Island Business Institute | Employee Handbook 2018 - 2020

LIBI’s senior management team is committed to an open-door policy.

105

related to your work, please discuss it with your immediate supervisor as soon as possible. If for any reason you don’t feel comfortable bringing the matter to your supervisor, please feel free to raise the issue with a senior member of the management team.

5.7 Grievance Policies 5.7.1 General Policy LIBI is committed to a fair and orderly resolution of work-related problems and has established policies and practices that support that commitment. It is the goal of LIBI to resolve concerns informally whenever possible. If problems arise in a work situation, the people closest to the situation should have the first opportunity to try to work through issues or disagreements. In many cases, concerns can be resolved through effective dialogue between staff members and their supervisors and departmental administrators. LIBI strives for a positive workplace in which good communication helps avoid problems and quickly resolves concerns when they arise. Employees have available both informal means of resolving their concerns and formal grievance procedures. It is LIBI’s policy that no employee may be discriminated against or adversely treated for initiating or participating in a grievance proceeding.

5.7.2 Scope of the Policy Supervisors generally use coaching, counseling, and, if appropriate, constructive discipline to address performance problems and consult with the appropriate senior staff for guidance. It is the hope of LIBI that employees and their supervisors will be able to work together to resolve conflicts that arise within the department; however, should this route not yield the desired outcome the policy below outlines procedures for formal grievance procedures. LIBI provides methods for regular full-time and part-time employees to seek timely and objective resolution of grievances and concerns arising in the workplace. Temporary employees, student workers, and employees in their probationary period do not have access to the grievance procedures and review. The procedures described below differentiate between types of grievances and identify the processes appropriate to each. Employees may seek clarification of this policy from the Director of Operations and Institutional Effectiveness or from the Faculty Governance Council (faculty members).

5.7.3 Non-Retaliation Policy Employees may use the procedures described below without fear of retaliation from supervisors or others against whom a complaint may be lodged. Retaliation against any member of the community for good faith participation in the procedures described below is a violation of LIBI’s policies. Retaliation will not be tolerated and any employee found in violation of this tenet will be subject to disciplinary procedures up to and including termination of employment. Any violation of this policy should be reported to the Provost, the Faculty Governance Council (FGC), the Director of Operations and Institutional Effectiveness, or to the President of LIBI.

5.7.4 Good Faith Participation The grievance process is dependent upon the willingness of all those involved to participate in good faith, whether as a complainant, respondent, witness, or support person. Accordingly, it is expected that staff members and faculty will participate in the grievance procedure in an open, civil and respectful manner that is aimed at productive resolution. Should an employee be found to have knowingly and intentionally brought forward a false charge, provided false witness, or in any other way knowingly and intentionally acted to thwart the grievance pro106

Employee Handbook 2018 - 2020 | Long Island Business Institute

cedure process, they will be subject to disciplinary action up to and including termination of employment.

5.7.5 Support Person In cases involving Title IX categories and sexual harassment, stalking, or sexual violence, employees are entitled to at any stage of the grievance process to have a campus support person of his/her choice (a coworker, or another staff or faculty member only) present to help provide emotional support. Hearings will not be rescheduled to accommodate the support person’s schedule. The support person may help present the concern but will not be required to speak at any time. Employees who do not have anyone in mind but would like to have a support person should speak to the Director of Operations and Institutional Effectiveness. In these cases, unless this creates a conflict, the Employee Advocate will be assigned to the employee as a support person.

5.7.6 Confidentiality It is important to recognize that understanding the nature of the complaint and facilitating resolution typically requires speaking with others. The Director of Operations and Institutional Effectiveness will take this step only when necessary to resolve the complaint and only with those persons relevant to the resolution of the complaint. It is presumed and expected that all participants of a grievance (i.e., complainant, respondent, interviewees, witnesses, supervisors, support persons, members of the grievance panel, etc.) will maintain the confidentiality of the proceedings to ensure an unencumbered resolution process.

5.7.7 Review These processes are designed to help both staff members and supervisors constructively understand and address work-related conflicts. Depending on the nature of the conflict, there are different channels of review. Some types of issues lend themselves to grievance review. Other issues may not technically be grievances but still may warrant review by a senior-level administrator.

5.7.8 Discrimination Grievance This grievance process is for those issues that the person bringing the grievance believes involve discrimination on the basis of race, color, sex, gender (including gender identity and expression), pregnancy, religion, creed, national origin, age, alienage and citizenship, status as a perceived or actual victim of domestic violence, disability, marital status, sexual orientation, military status, partnership status, genetic predisposition or carrier status, arrest record, or any other legally protected status. This policy is consistent with relevant governmental statutes and regulations, including those pursuant to Title IX of the Federal Education Amendments of 1972 and Section 504 of the Federal Rehabilitation Act of 1973.

5.7.9 Performance Grievance This grievance process is for serious disputed disciplinary actions regarding job performance, such as suspensions, and/or terminations of employment for unsatisfactory performance or misconduct.

5.7.10 Administrative / Managerial Review Administrative concerns regarding such issues as demotions, on-going pay disputes, work re-assignments, and interdepartmental disputes where units/departments may share an em-

Long Island Business Institute | Employee Handbook 2018 - 2020

107

ployee. Concerns about mismanagement or the appropriateness of managerial action taken or not taken are subject to review by senior managers, up to and including the President of LIBI where appropriate. Other concerns which may not be appropriate for either of the grievance processes described above, such as interpersonal conflict between employees, may also be handled through administrative/managerial review.

5.7.11â&#x20AC;&#x192; Seek Informal Resolution within Thirty Days An employee who believes he/she has been the victim of discrimination or harassment because of any legally prohibited factor such as age, race, religion, sex (including sexual harassment), national or ethnic origin, sexual orientation, gender identity or expression, disability, pregnancy status, veteran status, or prior arrest record - may discuss the concern with the perceived offender or the employee's supervisor, if the employee feels comfortable doing so. If the employee is not comfortable speaking with the perceived offender or his/her supervisor, or if the employee has done so and has not received a favorable result, the employee should contact the Provost or the Director of Operations and Institutional Effectiveness as soon as feasible, and preferably no later than thirty days of the last action believed to have been discrimination. When deciding whether and when to report, employees should keep in mind that the more time that elapses between the incident and reporting, the more difficult it may become for the college to fully investigate the situation. Employees are, therefore, encouraged to come forward with their concerns as soon as practicable. The Director of Operations and Institutional Effectiveness will be able to answer questions and help facilitate an informal resolution of the concern. Depending on the nature and severity of the concern, the Provost, the Director of Operations and Institutional Effectiveness or an appropriately ranking designee will conduct a prompt and thorough investigation which may require collecting and analyzing data and/or speaking with others. The Provost, the Director of Operations and Institutional Effectiveness, or an appropriately ranking designee will submit findings of the investigation and any recommendations to the employee brining up the concern and the supervisor involved, with copies to other managers, as appropriate. The Provost, the Director of Operations and Institutional Effectiveness or an appropriately ranking designee may suggest informal methods of resolution which may involve, but are not limited to, any one or more of the following: a meeting of the parties, mediation, counseling, training, or disciplinary action.

5.7.12â&#x20AC;&#x192; Review by Respondent's Supervisor If informal methods to resolve the concern are unsuccessful the employee may file a request for formal grievance with the Director of Operations and Institutional Effectiveness. A copy of the request will be given to the alleged offender ("respondent"). Other copies will be distributed to the respondent's direct supervisor and to at least one member of the Executive Staff. Within five days of receiving the request for formal grievance, the Director of Operations and Institutional Effectiveness will arrange a meeting between the complainant and the respondent's supervisor. The Director of Operations and Institutional Effectiveness will attend the meeting to facilitate the discussion. If the complaint falls under the categories enumerated in Title IX, the Clery Act, VAWA , or New York State's "Yes Means Yes" law, the complainant's support person (only another LIBI employee) may also attend. Within ten business days following the meeting, the respondentâ&#x20AC;&#x2122;s supervisor will provide the complainant with a written response analyzing the issues at hand and determining whether any actions are warranted. The complainant may appeal the decision of the supervisor to a grievance review panel by notifying the Director of Operations and Institutional Effectiveness in writing within five business days.

108

Employee Handbook 2018 - 2020 | Long Island Business Institute

5.7.13 Grievance Review Panel The Director of Operations and Institutional Effectiveness will oversee the process of assembling a Grievance Review Panel. Normally a Grievance Review Panel will be convened within 10 days of receipt of the claimant’s request for appeal. Efforts will be made to expedite the review process. A Grievance Panel consists of five employees who hear the grievance. The President of LIBI will appoint three members of the panel, the complainant may select one member, and the supervisor of the respondent may designate one member. The President will appoint one of the members of the panel to serve as chair. If one of the involved parties (claimant or respondent’s supervisor) selects not to designate an individual to serve on the panel then the President will designate the individual. Individuals who serve on the Grievance Review Panel must agree to undergo properly documented training on equal opportunity issues and the role of the panel before serving. The President of the College, or appropriately qualified individual, facilitates the training. The Director of Operations and Institutional Effectiveness, the Provost, one of the Deans, or an appropriately qualified senior administrator will serve as a resource regarding LIBI’s policies/practices, relevant employment and equal opportunity laws, and collect any information and documentation needed by the panel. These individuals will have no role in the decision-making process. At the Grievance Review Hearing, the complainant will have the opportunity to explain to the panel why he/she believes that the decision of the respondent or the department was incorrect and why it should be modified or overturned. The supervisor or department involved in the claim will have the opportunity to explain why the supervisor or manager took the action and why she/he thinks the action was appropriate and should be upheld. The panel may ask the Director of Operations and Institutional Effectiveness to share findings of any investigation and any recommendations. The parties may each present a list of witnesses who have first-hand knowledge about the events giving rise to the case. The panel can decide whether it wishes to interview any of the proposed witnesses. Within ten business days following the completion of its hearing(s), the panel will submit a report of its findings and recommendations to the President. The panel will meet with the President before the chair of the panel compiles an official response to the complainant and respondent. Either party may appeal the decision of the Grievance Review Panel to the President by notifying the President in writing within five business days after the decision is issued.

5.7.14 Review and Final Decision by the President Review by the President will only be allowed on the grounds of significant procedural error or inadequate consideration, as assessed by the President. If the President deems the appeal appropriate, she will determine the method and depth of the review. The President will issue a written decision as soon as practicable. Decisions of the President are final.

Long Island Business Institute | Employee Handbook 2018 - 2020

109

6. COMPENSATION POLICIES LIBI explicitly forbids any agent or employee of the college to retaliate against an employee who has exercised his or her rights under the Labor Law.

6.1 Pay Practices Labor Law Section 194 makes it unlawful for an employer to pay an employee less than an employee of the opposite sex for equal work that requires equal skill, effort and responsibility, and is performed under similar working conditions. Differentials in pay may, however, be based on: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a bona fide factor other than sex, such as education, training, or experience. Employers are also prohibited from restricting its employees’ ability to inquire or discuss wages with their co-workers.

6.2 Discussion of Wages No employee is prohibited from inquiring about, discussing or disclosing his or her wages or the wages of another employee, if voluntarily disclosed by that employee. Employees are not required to disclose their wages to anyone. Important Note: This policy does not apply to disclosure of other employees' wage information by employees who have access to such information solely as part of their essential job functions (i.e., those who regularly have access to such information in connection with their jobs, such as Human Resources and Payroll employees, etc.).

6.3 Pay Periods and Paydays Employees are paid bi-weekly corresponding the period of two weeks ending the Saturday before payday. All employees are paid every other Wednesday, by check or direct deposit on the above mentioned payday. If a payday falls on a holiday, you will receive your paycheck on the next business day after the holiday.

6.4 Payroll Deductions General Information Federal and State laws govern payroll deductions, as can retirement and insurance programs.

Various payroll deductions are made each payday to comply with federal and state laws pertaining to taxes and insurance. Deductions will be made for the following: Federal and State Income Tax Withholding, Social Security, Medicare, State Disability Insurance & Family Temporary Disability Insurance, and other items designated by you or required by law (including a valid court order). You can adjust your federal and state income tax withholding by completing the proper federal or state form and submitting it to the Fiscal Manager or the Payroll Department. At the start of each calendar year, you will be supplied with your Wage and Tax Statement (W-2) form for the prior year. This statement summarizes your income and deductions for the year. If you selected to make any voluntary deductions, those will appear on your pay stub along with the mandatory deductions listed above. Voluntary deductions are deductions that are expressly authorized in writing by the employee and are for the benefit of the employee, provided that such authorization is voluntary and only given following receipt by the employee of written notice of all terms and conditions of the payment and/or its benefits and the details of the manner in which deductions will be made (i.e. 401K plans). All such authorizations for voluntary deductions are kept on file by the office of the Fiscal Manager. LIBI will not make payroll deductions, such as disciplinary fines, deductions for damage to company property, and repayment for theft if making those deductions would result in the employee being paid less than minimum wage for the applicable pay period. If you have any questions about your deductions, or wish to change your federal withholding form (Form W-4), contact the Fiscal Manager or Director of Operations and Institutional Effectiveness. Both offices are stationed at the Flushing Campus.

110

Employee Handbook 2018 - 2020 | Long Island Business Institute

6.4.1 Payroll Deductions and Exceptions Employees performing exempt work at LIBI must be paid on a salary basis. Improper pay deductions from such employees’ salaries are prohibited. Thus, although subject to certain exceptions, employees performing exempt work must receive a full salary for any week in which they perform any work - without regard to the number of days worked or how well they perform. Consistent with these regulations, LIBI may take deductions from the salary of employees performing exempt work only in the following situations:

• When an absence from work for one or more full days for personal reasons occurs due to reasons other than sickness or disability (and when vacation or paid-time-off accrual has been expended).

• When an absence from work for one or more full days occurs due to sickness or disability if deductions are made under a bona fide plan, policy, or practice of providing wage replacement benefits for these types of absences.

• When it is necessary to offset any amounts received as payment for jury fees, witness fees, or military pay.

• When penalties imposed in good faith for violating safety rules of “major significance” occur.

• When unpaid disciplinary suspension of one or more full days is imposed in good faith for violations of workplace conduct rules, such as rules prohibiting sexual harassment or workplace violence.

• When a proportionate part of a staff member’s full salary is paid for time that a staff member actually works in the first and last weeks of a period of employment.

• When unpaid leave under the Family and Medical Leave Act occurs. Deductions to your pay are allowed for certain types of absences for “one or more full days.” This means that a deduction may be taken from an exempt-status employee’s salary only in full-day increments. Deductions from salary for partial-day absences are not permitted under federal regulations – except for those occurring in the first or final weeks of employment or for unpaid leave taken under the Family and Medical Leave Act. Employees with questions about this policy should contact the Fiscal Manager’s Office located at the Main campus in Flushing or speak to the Director of Operations and Institutional Effectiveness. It is the policy of the Long Island Business Institute to comply with all FLSA regulations including the salary basis requirements of the FLSA. Therefore, the Long Island Business Institute prohibits all managers from making any improper deductions from the salaries of staff members performing exempt work. The Long Island Business Institute will not allow deductions that violate the FLSA. If you believe that an improper deduction has been made from your salary, please report this concern to the payroll department located at the Flushing campus. When reporting an improper deduction to the payroll department, please ensure that the Director of Operations and Institutional Effectiveness is also made aware of the claim. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deductions made.

6.4.2 Payroll Deductions and Termination Upon termination, a staff member’s pay is subject to all involuntary deductions established and to all voluntary deductions previously authorized. The terminated staff member may request that voluntary deductions not be made from his or her final paycheck by timely completing and signing an authorization deleting these voluntary deductions. This process can be taken care of by contacting or visiting the Office of the Fiscal Manager at the Flushing campus. Deleting voluntary deductions is the sole responsibility of the staff member. If the staff

Long Island Business Institute | Employee Handbook 2018 - 2020

111

member does not initiate action to delete any or all voluntary deductions, those deductions will be taken from a final paycheck. As stated in the previous sections of this handbook (please see Section 6.2: Payroll Deductions General Information). Federal and State laws require that employers withhold taxes from wages and salaries. Deductions are made by the Fiscal Manager’s Office on the basis of information furnished by the staff member with the Federal W-4. Every staff member is responsible for updating the Fiscal Manager's office with all changes in tax exemptions, marital status, and home address. Failure to submit the appropriate forms will result in default to a “single” marital status with zero allowances.

6.4.3 Payroll Deductions – Garnishment and Bankruptcy LIBI is obligated by federal and state law to deduct or garnish wages from staff paychecks when child support, unpaid student loans, bankruptcy collection, or unpaid taxes are owed and/or overdue. Deductions from employee wages occur when LIBI’s Fiscal Manager receives an order to garnish your wages from federal or state institutions. Please see Section 6.12: Wage Garnishments for more information. Garnishments remain active until the Fiscal Manager receives a release or an amendment of these federal and state decrees. LIBI does not refund any incorrectly deducted funds due to requisite garnishments. Instead, the t employee must request refunds from the agency directly authorizing the deduction.

6.5 Time Cards All Faculty and members of the staff are required to keep time cards and to “clock in and out”.

All Faculty and members of the staff are required to keep an accurate and complete record of their attendance and hours worked. All employees (Exempt and Non-exempt) must clock-in and out each day. Time cards are official business records and may not be altered without the employee’s supervisor’s approval and may not be falsified in any way. The Fiscal Manager’s office uses these records to process payroll and to help determine employee eligibility for paid time off and other benefits. All LIBI employees are required to arrive to work on time regardless of whether they are paid hourly or are salaried. Additionally, the time clock records help managers determine if members of their department are arriving on time and working their normally scheduled hours. Employees holding supervisory positions should not misuse the privileges that come with being a manager or supervisor and are also expected to clock in and out of work each day. If there is a mechanical problem with the timekeeping system, the employee who discovers it must immediately notify one of the following individuals: the Fiscal Manager, the Provost, the Assistant Campus Director, or the Director of Operations and Institutional Effectiveness. If an employee misses an entry into the timekeeping system, the employee needs to notify his/her supervisor as soon as possible. The supervisor will manually enter the employee’s work hours and initial the time card. Employees who consistently miss time clock entries will be subject to disciplinary action. The workday is defined as eight hours of authorized work. Employees may be assigned to alternative schedules as determined by their immediate supervisors. Employees may not “clock in” or “clock out” for another employee. Altering, falsifying, tampering with time records or recording time on another employee’s time record may result in disciplinary action, up to and including termination of employment. Most Student Services offices operate on a 10:00 a.m. to 7:00 p.m. Monday through Friday schedule. The workweek covers seven consecutive days beginning on Monday and ending on Sunday. Alternative workweeks may be established for specific projects or departmental needs with authorization of the President. The usual workweek period is 40 hours, not including meal times. LIBI employees are not permitted to perform work off the campuses or at home, unless approved in

112

Employee Handbook 2018 - 2020 | Long Island Business Institute

advance by the President of the College. If approved, work performed off the premises will be counted as time worked. Employees who violate the timekeeping policies or procedures repeatedly will be subject to disciplinary actions. Because each department helps LIBI meet its stated mission in slightly different ways and because staffing levels vary by department, supervisors must determine how to schedule their staff’s hours to ensure maximum availability of their department to LIBI’s students and Faculty. As such, supervisors are free to use discretion when determining how to deal with repeat timekeeping offenses based on the directives they provide to the members of their staff. Employees who violate the written timekeeping policies or the scheduling instructions they receive from their supervisor will be subject to disciplinary actions up to and including termination of employment. This includes any situations where employees clock in, but are repeatedly absent from their work areas during work hours or who repeatedly miss time clock entries at the beginning or end of the workday. In order to furnish continuous service to our students, there must be certain variations in working periods to properly accomplish that; and in such cases employees will work irregular but definitely assigned schedules. For some departments this may mean having to work on Saturdays or certain holidays. Although it is the policy of LIBI to hold overtime to a minimum, employees may occasionally be required to work beyond the regularly scheduled workweek. Only certain positions are eligible for overtime pay, as determined by law. Overtime should be worked only with the prior approval of your supervisor. If you have any questions regarding overtime eligibility, please contact the Fiscal Manager or the Payroll Department in the Flushing campus. For more information see Policy on Overtime.

6.6 Policy on Overtime As a matter of practice, LIBI’s policy is that no one is permitted to work any extra hours or overtime. LIBI reserves, however, the right, on reasonable notice, to request employees to work overtime when necessary. When so requested, the college shall have the right to expect employees to work overtime , except that any employee may individually refuse to work overtime (with legitimate reason) at the time such request is made. Any employee accepting overtime work must commit to working their regular scheduled shift as well. No employee may work overtime without prior and expressed authorization from his/her supervisor. If employees (except for exempt personnel) are required to work beyond their regular schedule, they will be paid on a straight time basis up to forty (40) hours in one workweek. After forty (40) hours, payment at one and one-half times the normal rate is paid for hours actually worked. Compensation is not paid for time spent on meal breaks. Since employees are not permitted to work unscheduled overtime hours, all non-exempt employees wishing to “catch-up” on their work must discuss their intent with their supervisor and must obtain the manager’s approval to do so. Non-exempt employees who fail to obtain prior authorization to work overtime hours will be subject to disciplinary actions. LIBI follows the general rule that overtime compensation earned in a particular workweek is paid on the regular payday for the period in which such workweek ends. Each pay period non-exempt employees should verify their pay stubs to ensure that overtime hours paid coincide with the hours actually worked. Because LIBI’s payroll department is located at the Main Campus in Flushing, the department relies heavily on the accuracy of the record keeping system at the other LIBI locations to ensure that each employee is paid what they are owed. In the event that there is an error with your overtime pay or any other payroll miscalculation, employees are responsible for immediately alerting their supervisor so that the proper tabulation and correction can be made. There shall be no duplication of overtime pay . Employees shall not be paid more than once under more than one provision for the same hours worked. Moreover, overtime pay will not apply where the beginning of the shift is delayed due to an “act of God” or condition totally beyond the control of the college, or where the starting time is delayed due to inclement weather. Long Island Business Institute | Employee Handbook 2018 - 2020

113

Except as otherwise required by law, no overtime compensation rate will apply to any work done by an employee under a schedule arrangement or rearrangement to accommodate such employee (examples would include working on a non-normally scheduled day due to a religious accommodation or other employee requested accommodation). Employees working beyond their normally scheduled hours due to absenteeism or lateness (i.e. “making-up time”) will not be paid overtime rates. From time to time LIBI may require employees to work overtime . No employee, however, will be required to work beyond eleven and one-half (11-1/2) consecutive hours (exclusive of lunch period) in any one workday unless he/she volunteers to do so or when emergency situations arise. Emergency situations shall mean situations beyond the control of the college. Non-exempt employees will be paid at the rate of one and one-half (1-1/2) times their straight-time hourly rate for all hours of work performed in excess of forty (40) within a payroll week. Overtime will not be compensated for by time off in lieu of wages. For non-exempt positions, overtime will be offered to employees within a classification on “first available” basis (with preference given to the employee performing the job prior to the expiration of the shift). In general, in order to require employees to stay, a minimum 2 hours notification will be given to the non-exempt employee by his/her supervisor. LIBI shall not be bound by the two (2) hour notification requirement when overtime work is created as a result of factors outside LIBI’s control or knowledge that would allow the college to provide said notification. Overtime work for all employees shall be on a voluntary basis with the right of refusal by seniority, provided, however, that where an insufficient number of employees volunteer, junior seniority employees may be assigned to said work and shall work overtime so assigned.

6.7 Working Through Lunch – NON-EXEMPT Classified Employees Only All other employees (whether or not they are covered under the minimum wage or overtime provisions) are entitled to a meal break of thirty minutes if they work for more than six hours and their work hours extend over the midday meal period (defined as being between 11am and 2pm). The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time will be counted and paid as compensable hours worked because the employee was not been completely relieved from duty. If a supervisor violates the employee’s meal break period, and does not allow for at least an uninterrupted 30-minute meal-break to a qualifying employee, the employee is responsible for alerting the Director of Operations and Institutional Effectiveness to ensure that proper steps are taken to address the issue.

6.8 Taking work home – NON-EXEMPT Classified Employees Only In line with LIBI’s general policy that no one is permitted to work any extra hours or overtime, this section applies to all non-exempt employees in all departments and units of the college. Employees classified as non-exempt must be compensated for doing additional work beyond the employee’s ordinarily scheduled workweek that includes all time during which an employee is necessarily required to be on LIBI’s premises, on duty or at a prescribed work place. A “workday” for a non-exempt employee, in general, means the period between the time on any particular day when such employee commences his/her “principal activity” and the time on that day at which he/she ceases such principal activity or activities. Sometimes, upon the request of LIBI, the workday may be longer than the employee’s scheduled hours; however, in such instances, work outside of the ordinarily scheduled workday or workweek will be counted by the payroll department. If a non-exempt employee is requested to take work home by his or her supervisor, the hours spent doing that work must be documented and reported to the supervisor and the payroll department. If a non-exempt employee voluntarily continues to work at the end of their normally scheduled day to finish an assigned task or to correct errors, or takes work home to do that, those hours are considered work time and are compensable. Non-exempt employees may not make the decision to work beyond their normally scheduled time

114

Employee Handbook 2018 - 2020 | Long Island Business Institute

without first obtaining permission from their supervisors. Managing the workflow of the department is the responsibility of each department and unit manager; therefore, employees must discuss their request to work additional hours with their department or unit managers. Keep in mind that if any employee exhibits a pattern of working extra hours without documenting them, or working extra hours without permission, typically, the best response is to pay the employee for the hours worked, but to also discipline the employee for violating company policy.

6.9 Making/Receiving Job-related Phone Calls at Home – NON-EXEMPT Classified Employees Only Most non-exempt positions at LIBI have little or no need to correspond by e-mail or telephone with others regarding LIBI business outside of the employees’ normally-scheduled work time. As a matter of practice, non-exempt employees are not expected to send e-mails from home or to call colleagues or students about LIBI business during their private time at home. In the event of a cataclysmic event that would necessitate such work as part of business recovery, non-exempt employees will be notified of any such expectation by their immediate supervisors or by the President of the college. In the event that a LIBI supervisor requests a non-exempt employee to communicate by email or telephone about LIBI’s business from home, and outside of the employee’s normally scheduled work time, that employee will be considered as working remotely and will be asked to record the hours worked so that the payroll department can properly compensate the employee. Any non-exempt employee receiving a request from their supervisor that meets the criteria of this policy should contact the payroll department or the Director of Operations and Institutional Effectiveness for guidance on proper timekeeping.

6.10 Lectures, Meetings and Training Programs – NON-EXEMPT Classified Employees Only Attendance at lectures, meetings, training programs and similar activities during normally scheduled work hours will be counted as time worked. Attendance at lectures, meetings, training programs and similar activities will not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. If attendance at lectures, meetings, training programs and similar activities require travel away from home community will be treated as follows:

• Travel that keeps an employee away from home overnight is travel away from home. • Travel away from home is considered work time when it cuts across the employee’s workday.

• LIBI will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

6.11 Intercampus Travel – NON-EXEMPT Classified Employees Only Travel that occurs during the workday between any of the three LIBI locations is considered work time and will be counted as hours worked. Salaried non-exempt employees who clock-in at one location but clock-out at another must notify the payroll department by e-mail.

6.12 Compensatory Time LIBI does not provide compensatory time off in lieu of overtime pay for non-exempt employees. From time to time exempt employees may receive compensatory time off upon approval from his/her immediate supervisor. All exempt LIBI employees below the level of manager are eligible to participate under the provisions of this policy. However, LIBI assumes that extra hours, weekend or evening work may, from Long Island Business Institute | Employee Handbook 2018 - 2020

115

time to time, be required of exempt employees without supplemental compensation, and these instances do not fall within the purview of this policy. Compensatory time to deserving exempt employees or teams will be awarded in grants of unscheduled time in one of the following frequencies: 1. half-day, 2. one-day, or 3. one day which can be “banked” and used to extend a campus holiday. Decisions when awarding such grants will be made on the basis of the efforts expended by the exempt employee or team, the duration of such efforts and the value those efforts represented to the college and its development and growth. With the exception of the “bankable” compensatory day (grant number 3 above) all compensatory days must be taken by the employee within 60 calendar days of the date of award. In instances where work and deadline schedules prevent the grantee from taking the compensatory time off, the grantee should notify the payroll department and ask for a time limit extension. Generally, time limit extensions for compensatory time will be extended by 30 calendar days. Officers, directors and managers with responsibility for operating processes are expressly empowered to make recommendations based on extraordinary work requirements for sustained periods of performance by exempt employees and teams. Once recommended, the President of the College must sign the approval form prior to its submission to the payroll department. The college cannot outline prescribed requirements for recommendations for these grants since circumstances will vary greatly within the operating elements of the institution. However, to provide some clarification of when grants may be appropriate, the following examples are provided: 1. Exempt employees of the technology team has been engaged as a group in a software project effort that has required team members to work seven days in order to ensure all systems are operational for the rest of the college community. Possible recommendation for the exempt employees of the technology team members: a one-day grant that may be used any time during the 60-day window or is bankable and extends the next campus holiday. 2. Exempt employees working past normal hours of operation for the college, or during weekends, for more than one isolated week to meet a deadline or to finish an urgent project. Possible recommendation for this team: a half-day or one-day grant that may be used any time during the 60-day window or is bankable and extends the next campus holiday. If the team is working beyond normal operations of the college everyday for more than three consecutive workweeks, the team can qualify for two compensatory days that may be used any time during the 60-day window as of the date the days are granted. In cases where more than one compensatory day is granted, only one of these days may be eligible (“bankable”) to be used to extend a campus holiday. The employee’s supervisor determines whether hours worked by an exempt employee which exceed 40 in a work week will be accrued as exempt compensatory time under this policy. The supervisor may approve or deny the accrual of exempt compensatory time either before or after the hours worked. Exempt compensatory time may not be earned for professional development activities held before or after regularly scheduled work hours during the workweek (defined as Monday through Friday). Compensatory time accrual may be granted for attendance at workshops or conferences occurring on a Saturday or a Sunday that the exempt employee is required to attend on behalf of LIBI. Department heads, Deans, and members of the Executive Staff are expected to represent LIBI at industry conferences and workshops and are not eligible for compensatory time in these instances.

6.12.1 Expiration of Compensatory Time Supervisors should take responsibility to prevent the recurring need to extend work hours for their staff throughout the year and to limit the accrual of comp time to the minimum. If a department has consistent staffing issues, the manager must inform the College President or the Director of Operations and Institutional Effectiveness so that the department’s staffing

116

Employee Handbook 2018 - 2020 | Long Island Business Institute

and workflow can be reviewed and adjusted, if necessary. Employees who feel that their supervisor is regularly requesting additional time from their staff without cause should speak to the Director of Operations and Institutional Effectiveness regarding their concerns. Employees who hold managerial or supervisory positions are not eligible to accrue compensatory time when they work more than 40 hours in a workweek. It is the expectation of LIBI that department heads (deans, directors, managers, supervisors, executive staff) by the nature of their positions will take the initiative to meet project deadlines, come in earlier or stay later to ensure proper functioning of the department as necessary, and to fill in for ill employees or those taking personal or vacation time, so as to avoid a backlog for the department. This should be accomplished as part of the manager’s responsibility for the overall success of the department he/she leads.

6.13 Additional Pay for Exempt Employees This policy allows for special compensation for work performed by exempt employees aside from their normal responsibilities.   Exempt employees are paid a guaranteed salary for each workweek in which work is performed, regardless of the hours worked. However, occasionally exempt employees may be required to perform duties above and beyond the call of their usual duties, or work may be available in other departments for which an exempt employee may be eligible for additional pay. Additional assignments can’t conflict with the exempt employees regular work schedule and should never take precedence over the employee’s primary duties. Work done by an exempt employee will be deemed part of the employee’s regular exempt work unless the employee and his or her direct supervisor have previously established by clear documentation that the work qualifies for additional pay and that written approval was previously given for such additional pay. Additional pay may be provided in the following situations:

• The additional work is within the employee’s regular job category and will be paid within

the regular pay range, but it is performed for another department (other than the employee’s regular department) and beyond the employee’s regular work schedule.

• The additional work is separate and distinct from the duties and responsibilities of the em-

ployee’s regular job classification. In this situation, the pay rate will be within the range of the assigned pay grade of the job classification that encompasses the supplemental work or at a pay rate approved by the Executive Assistant of the President or the Fiscal Manager.

• The additional work is of a special or one-time nature, making it infeasible to hire a temporary employee.

The number of hours for additional compensation should not exceed 500 within a calendar year. A separate time sheet must be used to initiate and process additional compensation payments.

6.14 Wage Garnishments A garnishment is a court order requiring an employer to remit part of an employee’s wages to a third party to satisfy a just debt. Once LIBI receives the legal papers ordering a garnishment, we are required by law to continue making deductions from your check until we have withheld the full amount or until we receive legal papers from the court to stop the garnishment. Even if you have already paid the debt, we still need the legal papers to stop the garnishment. Wages can be garnished to pay child support, spousal support or alimony, tax debts, outstanding student loans, or money owed as a result of a judgment in a civil lawsuit. If we are instructed by a court or agency to garnish an employee’s wages, the employee will be notified of the garnishment by the Fiscal Manager. Please note that we are legally required to comply with these orders.

Long Island Business Institute | Employee Handbook 2018 - 2020

117

Title III of the Consumer Credit Protection Act (“CCPA”) administered by the Wage and Hour Division (WHD) prohibits employers from terminating an employee because he or she is subject to a wage garnishment order. Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee’s earnings have been subject to garnishment for a second or subsequent debt. Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. Disposable earnings are those earnings remaining after legally required deductions are taken, such as Social Security taxes, federal, state and local taxes, and unemployment insurance. Title III permits a greater amount of an employee’s wages to be garnished for child support, bankruptcy, or federal or state tax payments. Title III allows up to 50 percent of an employee’s disposable earnings to be garnished for child support if the employee is supporting a current spouse or child, who is not the subject of the support order, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears. If you have any questions about wage garnishments please contact the Fiscal Manager at the Flushing Campus.

118

Employee Handbook 2018 - 2020 | Long Island Business Institute

7. TIME-OFF BENEFITS 7.1 Accrual of Paid Time Off All annual-salary staff members who have completed the Probation Period accrue Paid Time Off in accordance with the following:

VACATION DAYS

PERSONAL /SICK DAYS

LENGTH OF SERVICE

QUARTERLY ACCRUAL RATE

0 - 12 months (5 vacation days)

1.25

13 - 60 months (10 vacation days)

2.5

61 - 120 months (14 vacation days)

3.5

121 months or more (15 vacation days)

3.75

(6 personal / sick days per year)

1.5

The table sets forth how annual salary staff accrue vacation time.

Paid time-off is accrued quarterly and is available for use by the staff member the first day of each quarter. Time-off benefits that have not yet been accrued may be approved for use at the discretion of the administration, and will be recorded as overuse. If employment is terminated involuntarily the employee will be compensated for any accrued and unused vacation time. Employees resigning their job positions voluntarily will receive compensation for any accrued and unused vacation time at the discretion of the administration. The employee will be paid for any accrued and unused vacation time based on the employee’s entered-on-duty date (EOD). If an employee uses paid time-off benefits that have not yet been accrued (overuse) based on the employee’s entered-on-duty date (EOD), a prorated deduction will be made from the employee’s last paycheck. Upon the termination of employment, employees will not be compensated for sick or personal days that have accrued but have not been used. An employee’s final pay may be deducted for their unaccrued and used sick and personal days based on the following formula: Days to be Deducted = (TOS / 12) x MW - STU The calculation to determine the accrued and unused vacation time to be paid will be based on the following formula: PAY = (TOS / 12) x MW - VTU TOS : Time-off based on Length of Service

VTU : Vacation time used

12 : Twelve months

STU : Sick time used

MW : Months worked during that calendar year Note: The last month of service will be included in “MW” if the employment is terminated after the 15th day of the month in course.

7.2 Vacation Policies The Long Island Business Institute recognizes that our employees need to take time off occasionally, to rest and relax, to enjoy a vacation, or to attend to personal matters. Employees become eligible for paid time off upon successfully completing the probation period.

Long Island Business Institute | Employee Handbook 2018 - 2020

119

Eligible members of the staff accrue vacation time based on the term of continuous employment according to the following schedule: Here, we set forth the policy toward vacation time.

MONTHS OF EMPLOYMENT

No. OF VACATION DAYS

0 - 12 months

5 days

13 - 60 months

10 days

61 - 120 months

14 days

121 months or more

15 days

All members of the staff are subject to the vacation table above unless it is otherwise noted in the employee’s offer letter signed by the President of the College. Vacation time must be used by the end of each calendar year. Employees wishing to take off their accrued vacation time must submit time-off request forms to the President’s Executive Assistant once it is approved and signed by their immediate supervisor. Employees that report directly to the President of the College must submit their time-off requests to the President’s Executive Assistant. Once the time-off request form is received by the President’s Executive Assistant, the administration may overwrite the manager’s decision if the requested time is conflicting with essential operations that may interfere with the overall effectiveness of the institution or LIBI's ability to provide the necessary services to our students. Employees are urged to avoid making financial commitments (i.e. buying airplane tickets or paying for non-refundable hotel stays) prior to receiving their approved and signed vacation request. In all circumstances, other than documented emergencies, all time off/vacation request forms should be submitted for approval at least (3) weeks before the requested date. Since LIBI has many functional units with different objectives and operational needs, employees should work with their supervisor to understand the scheduling needs of their department and individual procedures related to vacation and other planned time off. Although LIBI will make every effort to accommodate employee requests for planned time off (vacation leave), it is the explicit expectation of LIBI that each supervisor will ensure that his/her office or department will have staff coverage during standard hours of operation for the college. This means that members of the same department may not request vacation time for the same days. As noted previously, LIBI must have a sufficient level of staffing in each department to meet our day-to-day needs, so please be mindful that not all time off requests will be approved. In the event that multiple employees within the same department request vacation for the same time period, and neither is willing to make an adjustment, the department manager will use his/her discretion based on factors including, but not limited to: seniority, departmental functions, strength of individual employees, employees’ past time-off patterns, to make the determination to approve or deny the requests. To avoid last minute conflict, employees are encouraged to discuss their desired time-off dates with their supervisor and as a team as soon as those dates become apparent to the employee. Supervisors are expected to make decisions that benefit the best interest of the institution. Therefore, they are to make sounds decisions that will not negatively impact the institution. Supervisors are expected to be aware of black-out dates, deadlines for submission of institutional reports, semester start and ends, and other critical activities and operations that sustain the institution. Supervisors that frequently approve time-off requests that may affect the normal operations of the institution will be questioned for their poor judgment and may face disciplinary actions depending on the severity of the aggravations. Vacation time must be used by the end of each calendar year. Half of the annual vacation days are to be taken in the first six months of a year. Exceptions need to be pre-approved by the appropriate senior administrator for each department and by the President of the college. Vacation time can only be carried over if approved by the President or the Director of Operations and Institutional Effectiveness.

120

Employee Handbook 2018 - 2020 | Long Island Business Institute

Employees should not accumulate vacation days to be used at the end of the year during the holiday season. In fairness to other employees, individuals who are approved to take their vacation at the yearend holiday season one year will not be approved to do so the following year. Vacation time can’t be taken in hourly increments. All employees (including, and especially, those in supervisory functions) should not request vacation or personal time off three (3) days before and three (3) days after all semester starts. The three days before and three days after a semester start are designated as “black-out” dates and no exceptions, other than in cases of legitimate documented emergencies will be made. Employees should understand that absolutely no vacation requests will be approved for those times and that supervisors are not authorized to approve any exceptions for days designated as “black-out” dates for members of their staff. All such requests for exceptions must be submitted directly to the Provost or the President. Newly hired full-time employees or part-time employees are not entitled to any benefits within the probationary period. New employees start accruing vacation and sick/emergency/personal days during the probationary period, however, they are not allowed to take paid time-off until the terms of probation are successfully met. Newly hired employees will not be paid for any campus holidays within the probationary period. Employees who have not completed their probationary period are typically not entitled to a payout of vacation time upon separation from LIBI. For the full policy on Faculty vacations please consult the Faculty Handbook.

7.3 Holidays These are designated as campus holidays. Both campuses will be closed. LIBI observes the following holidays each year:

• New Year’s Day • Martin Luther King, Jr. Day • President’s Day • Good Friday • Memorial Day • Independence Day • Labor Day • Thanksgiving Day Holiday (2 days) • One Floating Holiday (to be set by each campus according to the academic calendar) • Winter Holiday (2 days) If you are off the day after one of the above-mentioned holidays, you will not be approved for the day after another listed holiday. For example, if you are off the day before the Winter Holiday you will not be approved to take off the day after New Year’s Day.

7.4 General Procedures for Requesting a Religious Accommodation LIBI is committed to diversity and non-discrimination and supports qualified applicants, students and employees, regardless of religious affiliation, in accordance with state and federal laws and regulations, including Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission Guidelines on Discrimination Because of Religion (29CFR 1605.1; 1605:2; 1605:3). LIBI will not treat Faculty or members of the staff more or less favorably because of their religious beliefs or practices—except to the extent a religious accommodation is warranted under applicable law. LIBI may provide a reasonable accommodation based on an employee’s sincerely held religious belief. In making this determination, LIBI will review a variety of factors, including whether the

Long Island Business Institute | Employee Handbook 2018 - 2020

121

accommodation would create an undue hardship in an essential function. The employee requesting the accommodation is obligated to inform his/her immediate supervisor of the need for a religious accommodation as early in advance as possible. Once a request is made, LIBI will explore reasonable accommodations to address the person’s religious belief or practice, unless the request creates an undue hardship for the college. The person requesting the accommodation is obligated to cooperate with LIBI’s attempts to accommodate the request. When more than one accommodation is possible, LIBI may select any of the accommodations, provided the accommodation will effectively eliminate the religious conflict. When making the request the employee should be prepared to provide documentation or other authority to support the need for an accommodation based on the employee’s religious practice or belief. LIBI reserves the right to discuss the nature of the religious belief(s), practice(s) and accommodation with the religion’s spiritual leader (if applicable) or religious scholars to address the request for a religious accommodation. LIBI may not fire or transfer you or refuse to hire or promote you because you are unable to work on certain religious days. However, LIBI is not required to pay for the time you take off for religious observance. LIBI may require you to make up the time you missed.

7.4.1 Title VII and Retaliation LIBI will not take any adverse action against an employee requesting a religious accommodation under its own anti-discrimination policies and under any applicable state and federal law guidelines. Pursuant to the January 26, 2009 U.S. Supreme Court decision and the expanded scope of Title VII’s anti-retaliation protections, LIBI will not retaliate against any other employees who “made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearings” or who speak out about harassment/discrimination while answering questions during LIBI’s internal investigation of a harassment/discrimination complaint.

7.4.2 Staff Accommodation Requests Staff members should request accommodation for religious observances through their immediate supervisor. Accommodation may be in the form of scheduled leave or an alternate work schedule that does not constitute undue hardship. Approved absences will be recorded as vacation or personal days. In cases when vacation or personal days are not available or an alternative work schedule is not possible, the Provost or the President in consultation with the employee’s supervisor will make a determination. LIBI will attempt to accommodate religious accommodation requests, balancing the request with the particular needs of the department the employee works for. Advance notice is required for all such requests. In those cases where a request for a religious accommodation is denied by the supervisor, the staff member may pursue a grievance under the grievance processes outlined in the Section 5.7: Grievance Policy. Where a timely request is made by the staff member but denied by the supervisor, LIBI will expedite the grievance process as much as reasonably possible to ensure that the staff member pursuing a religious accommodation is not unduly disadvantaged by the passage of time.

7.4.3 Faculty Accommodation Requests Faculty members are expected to meet their assigned classes as scheduled or ensure that proper arrangements are made to make up the class and the curriculum. Faculty members who wish to observe religious holy-days outside of those observed by LIBI must provide their immediate supervisor with proper notice in accordance with the procedures outlined in the Faculty portion of the Employee Handbook. In those cases where a request for a religious accommodation is denied by the immediate supervisor, the Faculty member may appeal the decision to the Provost and ultimately to the President of LIBI. Where a timely request is made by the Faculty member but denied by the 122

Employee Handbook 2018 - 2020 | Long Island Business Institute

department head, LIBI will expedite the grievance process as much as reasonably possible to ensure that the Faculty member pursuing a religious accommodation is not unduly disadvantaged by the passage of time. For more information see the Faculty Handbook.

7.4.4 Privacy Policy Materials related to an employee’s religious accommodation request, including the written request for accommodation and any other documents/information pertaining to the request will be used to render an accommodation decision only. The request and all supporting documentation will be filed in the employee’s personnel folder.

7.5 Time and Leave Policies and Procedures 7.5.1 Sick Leave/Personal Days LIBI provides paid personal/sick days to full-time employees who successfully complete the terms of their probation. Eligible employees accrue six (6) personal/sick days per year. New full-time employees accrue personal/sick days from the beginning of their employment even though they cannot use these days while they are on probation and will not be compensated if they fail to successfully complete probation. Employees whose employment is voluntarily or involuntarily terminated will not be paid for personal/sick days.

Almost everyone is occasionally ill; here’s LIBI’s policy for taking time off to recuperate.

Employees may use sick leave when they are unable to work due to illness, injury, family illness, and other personal emergencies. Sick leave is not to be used as extra vacation time. Any employee who abuses sick/emergency leave may be subject to discipline. If an employee must take more than three (3) consecutive sick days, documentation must be provided to the supervisor(s) when the employee returns to work. Acceptable documentation includes, but is not limited to, medical notes. Deductions for Advances Employees are not generally permitted to “borrow” time against future accrual. In the extenuating event when an employee must do so, the employee may petition LIBI in writing for a formal “loan” of up to 1/3 of the sick/personal annual leave time (maximum 2 days). Time “loans” may only be taken in full-day increments and may not be taken against the next calendar year. If the employee resigns or is terminated without “earning back” the borrowed leave, LIBI will make a deduction from the employee’s final paycheck in the cash amount of the “loan” to the employee. Once an advance is given, no further advance will be given until the existing advance has been repaid in full. The amount recovered through deduction per wage payment shall be determined by the written terms of the advance authorization, and may include total reclamation through deduction of the last wage payment should employment end prior to the expiration of the other terms of the written advance authorization. Section 193 of the Labor Law will be strictly adhered to if LIBI will need to make deductions from an employee’s wages for the repayment of advance personal/sick days.

7.5.2 Procedures to Follow when Calling Out Sick All employees are expected to communicate with their immediate supervisor when calling out sick. Employees must also notify the front desk at the campus where they are scheduled to report for work for that day. The front desk will complete a Time-Off Form on behalf of the employee. Upon returning to work, the employee is responsible for signing the Time-Off Form. All employees are expected to call each day that they are unable to report to work. The call should be made at least 1 hour before the employee is scheduled to begin work. Call in procedures for Faculty members are included in the Faculty Handbook. Employees may accrue a maximum of 12 personal/sick days. Once an employee has reached Long Island Business Institute | Employee Handbook 2018 - 2020

123

this limit, no more personal/sick leaves will be accrued until the employee uses sick leave to reduce the accrued total below the maximum. Procedures to request Personal Days Employees may use one (1) personal day per year to attend a child’s school activities, to care for elderly family members, to take care of personal errands or business, or simply to take a day off work.

• Employees should schedule personal days in advance with their supervisors. We

will try to grant every employee’s request for the days off they choose. However, we must have sufficient staff coverage to meet our day-to-day needs -- which means we might not be able to grant every personal day request, especially during holiday periods.

• If circumstances, such as a medical or family emergency, prevent advance scheduling, you must inform your supervisor as soon as possible that you are taking paid time off.

• An

employee who needs time off due to extenuating circumstances but has exhausted accrued personal/sick days and vacation days may be eligible to take unpaid leave. LIBI will decide these requests on a case-by-case basis.

7.5.3 Paid Sick Leave Policy for Part-Time Employees Most employees who work more than 80 hours a calendar year in New York City are covered by New York City’s Earned Sick Time Act (Paid Sick Leave Law) starting April 1, 2014. The law covers:

• Full-time employees. • Part-time employees. • Temporary employees. • Per diem and “on call” employees (Per diem or on call employees who are covered

by the law can use sick leave only for hours they have been scheduled to work. Being “scheduled to work” does not include shifts for which an employee has been asked to be available or on call, unless the employee is required to remain on call on LIBI’s premises. If an on call employee is paid for a scheduled shift regardless of whether the employee actually works the shift, LIBI will provide sick leave).

• Employees who are family members but not owners. • Employees who live outside of New York City but work in New York City. • Employees who are based outside of New York City but work in New York City on an occasional basis will be provided sick leave for hours these employees spend working in New York City.

The law does not apply to:

• Employees who work 80 hours or less a calendar year in New York City. • Federal work study programs. Information about federal work study programs is available at the U.S. Department of Education website: http://www2.ed.gov/programs/fws/index.html

• Employees whose work is compensated by qualified scholarship programs as that term is defined in the federal IRS Code, 26 U.S.C. § 117. For more information, go to http://www.gpo.gov/fdsys/pkg/USCODE-2011-title26/html/USCODE-2011title26-subtitleA-chap1-subchapB-partIII-sec117.htm

• Independent contractors who do not meet the definition of an employee under New York State Labor Law. Go to labor.ny.gov and search “Independent Contractors.”

• Employees who telecommute are not covered by the law for the hours when they are not physically working in New York City.

124

Employee Handbook 2018 - 2020 | Long Island Business Institute

Under the law, covered employees have the right to use sick leave for absence from work due to:

• The employee’s mental or physical illness, injury, or health condition. • The employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition.

• The employee’s need for preventive medical care (preventive medical care typically

is routine health care that includes screenings, check-ups, and patient counseling to prevent illnesses, disease, or other health problems. For examples of preventive care for adults, women, and children).

• The employee’s elective surgery, including organ donations. • Care of a family member who needs medical diagnosis, care, or treatment of an illness, injury, or health condition, or who needs preventive medical care.

• Care of a family member who has elective surgery, including organ donations. • Closure of employee’s place of business due to a public health emergency (as declared by the Commissioner of the New York City Department of Health and Mental Hygiene or the Mayor).

• The

employee’s need to care for a child whose school or child care provider is closed due to a public health emergency.

Sick leave can also be used as follows: A mother can use sick leave during any period of sickness or disability following the birth of her child. The other parent can use sick leave to care for the mother during this period. Parents also can use sick leave to care for a child’s need for medical diagnosis, care, or treatment of an illness, injury, or health condition, or preventive medical care. Parents cannot use sick leave for “bonding” purposes, which differs from the Family Medical Leave Act (FMLA), which does permit leave for the purpose of bonding with a newborn or newly adopted child. For more information on FMLA, go to dol.gov and search “Family & Medical Leave.” Sick leave is not intended to be used to extend a vacation or to take vacation time. Indications of using sick leave for purposes other than those described in this policy include, but are not limited to:

• Repeated

use of unscheduled sick leave on or adjacent to weekends, regularly scheduled days off, holidays, vacation, or pay day.

• Taking leave on days when other leave has been denied. • A pattern of taking leave on days when the employee is scheduled to work a shift or perform duties perceived as undesirable.

• Evidence that an employee engaged in an activity that is not consistent with the employee being sick or with the employee using sick leave for a preventive medical appointment may also indicate misuse of sick leave.

Employees using sick leave for a purpose other than those set forth in the Mew York City’s Earned Sick Tie Act (paid Sick Leave Law) will face disciplinary actions. Part-time employees begin to accrue sick leave on their first day of employment. New parttime employees accrue sick days from the “entered-on-duty” date (EOD); however, they cannot use these days until they have satisfactorily completed their probationary period (probationary period at LIBI is 120 days). Employees that do not satisfactorily complete the probationary period, and whose employment relationship with LIBI is terminated, will not be compensated for any accrued paid sick leave. LIBI does not pay for unused accrued sick time if a part-time employee resigns, retires, is terminated, or is otherwise separated from employment. Long Island Business Institute does not front-load accrual for part-time employees. From the time an employee successfully completes probation, a part-time employee can use paid sick

Long Island Business Institute | Employee Handbook 2018 - 2020

125

leave as he/she accrues it throughout the calendar year. In an event that an employee leaves LIBI but is reinstated within six months, the employee may begin using unused sick leave when the employee is reinstated; however, if the employee’s break in employment is more than six months, unused sick leave will not be reinstated. The returning employee will have a zero balance of accrued sick leave on the first day of reemployment and would not be eligible to use sick leave for 120 days. LIBI will not require that the employee or a health care provider disclose any personal health information, details, or the medical condition (just the need for the time and clearance) under the Paid Sick Leave Law.

Note: In a situation where an employee returns after an absence of more than six months but within the same calendar year of working for LIBI previously, then all work done for LIBI within the calendar year will be included in determining whether the employee has worked more than 80 hours and is eligible for sick leave under the law. Part-time employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a maximum of 40 hours of sick leave per calendar year. For employees who are not exempt from the overtime provisions of New York State’s Minimum Wage Law or other New York State law, sick leave accrues during all hours worked (including overtime hours worked). If an employee has two different jobs at LIBI or the employee’s rate of pay fluctuates for the same job, the employee will be paid for sick time at the rate of pay that the employee would have been paid during the time that the employee used the sick leave. Although LIBI will not seek the reason an employee is out sick if an employee uses sick leave under the New York City’s Earned Sick Time Act (Paid Sick Leave Law), LIBI will ask the employee to submit written verification that the employee used sick leave for sick leave purposes. LIBI will also require a note from a licensed medical provider after more than three consecutive workdays of sick leave attesting to both the existence of a need for sick leave and the amount of work hours or days used as sick leave. In cases where the employee used three or more consecutive workdays, LIBI will require a date on which the employee is “cleared” to return to work. For the purposes of this policy, “workdays” means the days or parts of days the employee would have worked had the employee not used sick leave. LIBI requires the employee to provide written documentation signed by a licensed health care provider confirming both (1) the need for the amount of sick leave taken and (2) that the use of sick leave was for a purpose authorized under the law. LIBI does not require the health care provider to specify the medical reason for sick leave. The employee has seven days from the date he or she returns to work to provide the documentation to his/her immediate supervisor. The employee is responsible for the cost of such documentation not covered by insurance or any other benefit plan. Note: A workday does not need to be a “full” day if the employee works part time. If the employee provides documentation from a licensed health care provider, LIBI will not require a second opinion. LIBI requires an employee to provide reasonable notice of the employee’s need to use sick leave. If the need for sick leave is foreseeable, LIBI requires that the employee notify his/her supervisor in writing seven days in advance or as soon as the employee knows of the need to take sick leave. Employees should use time-off request forms that can be obtained at the front desk reception, from the payroll department, from the supervisors, or from the Director of Operations and Institutional Effectiveness, to request foreseeable time off. A foreseeable use of sick leave occurs when the employee is able to predict or know in advance that he or she will need to use sick leave, such as a doctor’s visit or a regular psychotherapy appointment. In cases where unforeseeable use of sick leave occurs (the employee is not able to know in advance or predict that he or she will need to use sick leave), LIBI requires an employee to notify his/her supervisor as soon as practicable. LIBI will consider the individual facts and circumstances of each situation in determining at what point it is practicable for an employee to give notice. Employees who consistently fail to follow LIBI’s protocol for calling out sick will face disciplinary actions appropriate to the transgressions. LIBI will, however, not retaliate against an employee for exercising or attempting to exercise rights under the law. Retaliation includes any threat, discipline,

126

Employee Handbook 2018 - 2020 | Long Island Business Institute

discharge, demotion, suspension, or reduction in employee hours, or any other adverse employment action against any employee for exercising or attempting to exercise any right guaranteed under the law.

7.5.4 Carrying Over Paid Sick Leave for Part-Time Employees Part-time employees can carry over up to 40 hours of unused sick leave to the next calendar year. However, part-time employees can only accumulate a maximum of 80 hours in total, including the paid sick leave carried over from previous years. When unused sick leave is carried over into a new calendar year, an employee is able to use it right away instead of waiting to accrue new sick leave. If a part-time employee is offered a full-time position within the organization, the employee cannot carry over the paid sick leave accrued during the part-time employment, because he/she will be provided with an amount of paid sick leave that meets or exceeds the requirements of the law for the calendar year as a full-time employee. LIBI fulltime employees accrue a total of 6 personal/sick days per year according to LIBI Time-off policy. This is the equivalent of 48 hours per year approximately. As all new full-time employees are subject to a probationary period, part-time employees that become full-time will be allowed to use their time-off accrued during the part-time employment until the benefits of full-time employment are extended to her/him upon completion of the probation period. More information on New York City’s Paid Sick Leave Act is available in 25 languages at: http://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page.

7.6 Personal Days Refrain from Business Activities During Scheduled Time-off Employees may not perform job related activities during their vacation leave. If there is an unforeseen reason to work during an employee’s scheduled vacation period, such as in the case of a job-related emergency, employees must immediately communicate the need to their supervisor and to the Director of Operations and Institutional Effectiveness. Once verified, accrued vacation leave hours will be credited for the time worked. In order to avoid situations where employees continue to engage in business activities during their time-off, employees should schedule personal days in advance with their supervisors. All employees are asked to respect blackout dates when scheduling personal days off; violating key blackout dates will result in disciplinary action. Supervisors are responsible for monitoring employee time-off and must ensure full staffing in their departments during peak times for LIBI. Supervisors will try to grant every employee’s request for the days off they choose. However, LIBI must have sufficient staff coverage to meet the day-to-day needs of the students and all of our stakeholders — which means we might not be able to grant every personal day request, especially during holiday periods.

• Employees should schedule personal days in advance with their supervisors. We will try

to grant every employee’s request for the days off they choose. However, we must have sufficient staff coverage to meet our day-to-day needs -- which means we might not be able to grant every personal day request, especially during holiday periods.

• If circumstances, such as a medical or family emergency, prevent advance scheduling, you must inform your supervisor as soon as possible that you are taking paid time off.

• An employee who needs time off due to extenuating circumstances but has exhausted ac-

crued sick/emergency days and vacation days may be eligible to take unpaid leave. LIBI will decide these requests on a case-by-case basis.

Upon the termination of employment, employees will not be compensated for sick or personal days that have accrued but have not been used. An employee’s final pay may be deducted for their unaccrued and used sick days and personal days. For more information see Section 7.5.1: Sick Leave/ Personal Days.

Long Island Business Institute | Employee Handbook 2018 - 2020

127

7.7 Leave Available Eligible employees may take up to twelve (12) weeks of unpaid leave in a 12-month period for family and medical leave. This 12-month period begins each January 1st corresponding to the calendar year. A parent who takes leave to care for a newborn, newly-adopted child, or recently placed foster child must complete this leave within the year of the birth, adoption, or placement. If you and your spouse both work for LIBI, the two of you will be entitled to a combined total of 12 weeks of leave to care for a newborn, newly adopted child, or recently placed foster child, and to care for a parent with a serious health condition.

7.8 Substitution of Paid Leave An employee who has accrued paid time off may use these benefits to receive pay for all or a portion of family and medical leave. If an employee takes paid sick/vacation leave, Workers’ Compensation Leave, disability leave, or other leave for a reason that qualifies for family and medical leave, LIBI may designate that time off as family and medical leave and count it against the employee’s 12-week entitlement.

7.9 Certification of Need for Leave The Long Island Business Institute may ask employees who take leave for their own serious health condition or to care for a spouse, parent, or child with a serious health condition to provide a doctor’s note certifying the need for leave. LIBI also has the right to seek a second opinion and periodic recertification. In some cases, LIBI may ask employees who take leave for their own serious health condition to provide a fitness-for-duty report from their doctor before they return to work LIBI may also ask employees who take leave to care for a family member with a serious health condition or care for a new child to provide documentation or certification of their relationship (e.g. a birth certificate).

7.10 Intermittent Leave Employees may take leave all at one time or intermittently - that is, a day or two at a time - for their own serious health condition or to care for a family member with a serious health condition, if it is medically necessary to do so. If you need intermittent leave for medical treatment, you must try to schedule your treatment so it doesn’t unduly disrupt LIBI’s operations. We may temporarily reassign you to a different position with equivalent pay and benefits to accommodate the intermittent schedule. LIBI will consider requests for intermittent leave to care for a new child on a case-by-case basis.

7.11 Health Insurance During Leave

An adoptive parent, following the commencement of the parent-child relationship, will be entitled to the same leave and upon the same terms provided to employees for the birth of a child. 128

Your health insurance benefits will continue during a leave. You will be responsible for paying any portion of the premium that you ordinarily pay while you are working, and you must make arrangements to make these payments while you are out. Employees who do not return from family and medical leave may be required to reimburse LIBI for any premiums paid on the employee’s behalf during the leave.

7.12 Adoptive Parents Leave - N.Y. Lab. Law § 201-c LIBI provides employees who adopt a child (i.e., commence a parent-child relationship) the same leave benefits provided to employees for the birth of a child, if the adopted child is either younger than school age or a hard-to- place or handicapped child under the age of 18.

Employee Handbook 2018 - 2020 | Long Island Business Institute

For purposes of this policy, “commencement of the parent-child relationship” shall mean: 1. When the adoption occurs under sponsorship of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law , the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to section three hundred eighty-four of the social services law . 2. When the adoption occurs without the sponsorship of an authorized agency, the date a petition for the adoption of a child residing with the adoptive parents is filed in a court. LIBI will not retaliate against employees for exercising their rights under the law. Employees should speak to the Provost (faculty) or the Director of Operations and Institutional Effectiveness (staff) if they require time off under the Adoptive Parents Leave.

7.13 Time Off for School Activities Employees whose children have not yet graduated from high school may take up to two (2) days of leave for school activities each year. You may use this time to volunteer at your child’s school, go to school-organized activities, or participate in your child’s school community. You must request time off for school activities at least three (3) weeks in advance. School activities leave is unpaid; however, you may use accrued vacation leave to be paid for this time off.

7.14 Volunteer Emergency Responder Leave - N.Y. Lab. Law § 202-l Eligible LIBI employees will be allowed time off from work to perform duties as a volunteer firefighter or member of a volunteer ambulance service during a declared state of emergency, unless providing the leave would impose an undue hardship on LIBI’s business operations. To be eligible for leave under this policy, employees must have previously provided LIBI with written documentation from the head of the employee’s volunteer fire department or volunteer ambulance service notifying LIBI of the employee’s status as a volunteer firefighter or member of a volunteer ambulance service. Employees are eligible for such leave if they are performing their duties as a volunteer firefighter or an enrolled member of a volunteer ambulance service who is engaged in such duties in relation to a declared state of emergency.

7.14.1 Certification LIBI will, upon the employee’s return to work, request a notarized statement from the head of the employee’s volunteer fire department or volunteer ambulance service certifying the period of time that the employee responded to an emergency.

To be eligible for Volunteer Emergency Responder Leave, employees must have previously provided LIBI with written documentation from the head of the employee’s volunteer fire department or volunteer ambulance service notifying LIBI of the employee’s status as a volunteer firefighter or member of a volunteer ambulance service.

7.14.2 Employee Rights Employees may elect to apply any paid leave to which they are entitled to their time away from work serving as an emergency responder.

7.15 Bereavement Leave Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. All full-time employees are eligible to take up to three (3) days off work if they suffer the death of an immediate family member. LIBI defines “immediate family” members as the employee’s spouse, parent, or child. LIBI also provides employees who are in same-sex committed relationships the same bereavement leave as is provided to married employees. In compliance with Section 79-n of the Civil Rights Law, since LIBI offers its employees bereavement leave for the death of a spouse, or the death of the parent, child or other close relative of the spouse, the college also offers bereavement leave for the death of a same-sex partner, or the death of the parent, child or other close relative of the same-sex partner. Long Island Business Institute | Employee Handbook 2018 - 2020

129

Employees using bereavement leave will be asked to submit a copy of the death certificate or obituary to the payroll department for proper recordkeeping. Bereavement leave for anyone other than immediate family members will be unpaid. Up to two (2) unpaid bereavement days will be provided to eligible employees for siblings, mothers-inlaw, fathersin-law, children-inlaw and grandparents. An employee may request to use vacation time or personal days instead of bereavement. Additional unpaid bereavement leave may be granted by the employee’s immediate supervisor to accommodate the time reasonably required for travel.

7.16 Military Family Leave Entitlements Military Caregiver Leave: A covered LIBI must grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness up to a total of 26 work weeks of unpaid leave during a “single 12-month period” to care for the service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. The “single 12-month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by LIBI for other types of FMLA (Family Medical Leave Act) leave. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.” (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member.) Qualifying Exigency Leave: A covered LIBI must grant an eligible employee up to a total of 12 workweeks of unpaid leave during the normal 12-month period established by LIBI for FMLA leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Under the terms of the statute, qualifying exigency leave is available to a family member of a military member in the National Guard or Reserves; it does not extend to family members of military members in the Regular Armed Forces. Qualifying exigencies include:

• Issue arising from a covered military member’s short notice deployment (i.e. deployment on seven or less days of notice) for a period of seven days from the date of notification;

• Military

events and related activities, such as official ceremonies, programs, or events sponsored by the military or family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member;

• Certain childcare and related activities arising from the active duty or call to active duty

status of a covered military member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or day care facility, and attending certain meetings at a school or a day care facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member;

• Making or updating financial and legal arrangements to address a covered military member’s absence;

• Attending counseling provided by someone other than a health care provider for oneself, the

covered military member, or the child of the covered military member, the need for which arises from the active duty or call to active duty status of the covered military member;

130

Employee Handbook 2018 - 2020 | Long Island Business Institute

• Taking up to five days of leave to spend time with a covered military member who is on short-term temporary, rest and recuperation leave during deployment;

• Attending

to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status, and addressing issues arising from the death of a covered military member;

• Any other event that the employee and LIBI agree is a qualifying exigency. Spouses employed by the same LIBI are limited to a combined total of 26 workweeks in a “single 12-month period” if the leave is to care for a covered service member with a serious injury or illness, and for the birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has a serious health condition. FMLA leave may be taken intermittently whenever medically necessary to care for a covered service member with a serious injury or illness. FMLA leave also may be taken intermittently for a qualifying exigency arising out of the active duty status or call to active duty of a covered military member. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt LIBI’s operation. Under certain conditions, employees or LIBI may choose to “substitute” (run concurrently) accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of LIBI’s normal leave policy.

7.16.1 Notice Requirements Employee Notice Employees seeking to use military caregiver leave must provide 30 days advance notice of the need to take FMLA leave for planned medical treatment for a serious injury or illness of a covered service member. If leave is foreseeable, but 30 days’ advance notice is not practicable, the employee must provide notice as soon as practicable – generally, either the same or next business day. An employee must provide notice of the need for foreseeable leave due to a qualifying exigency as soon as practicable. When the need for military family leave is not foreseeable, the employee must provide notice to LIBI as soon as practicable under the facts and circumstances of the particular case. Generally, it should be practicable to provide notice for unforeseeable leave within the time prescribed by LIBI’s usual and customary notice requirements. An employee does not need to specifically assert his or her rights under the FMLA, or even mention the FMLA, when providing notice. The employee must provide “sufficient information” to make LIBI aware of the need for FMLA leave and the anticipated timing and duration of the leave. Depending on the situation, such information may include, as applicable:

• That the requested leave is for a particular qualifying exigency related to the active duty or call to active duty status of a covered military member and the anticipated duration of the leave;

• That the leave is for a qualifying family member who is a covered service member with a serious injury or illness and the anticipated duration of the leave.

When an employee seeks leave due to a FMLA-qualifying reason for which LIBI has previously provided, the employee must specifically reference either the qualifying reason for the FMLA leave. Employee Notice Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under the FMLA. Additionally, employers must either include this gener-

Long Island Business Institute | Employee Handbook 2018 - 2020

131

al notice in employee handbooks or other written guidance to employees concerning benefits, or must distribute a copy of the notice to each new employee upon hiring. Employers may use the notice included in the appendix prepared by U.S. Department of Labor to meet this requirement. When an employee requests FMLA leave or LIBI acquires knowledge that leave may be for a FMLA purpose, LIBI must notify the employee of his or her eligibility to take leave, including a reason for non-eligibility if the employee is determined not to be eligible. Such eligibility notice may be oral or written and should, generally, be given within five business days of the request for FMLA leave. Subsequent eligibility notice in the same 12-month leave period may be required when an employee’s eligibility status changes. Employers also must inform employees of their rights and responsibilities under the FMLA, including giving specific written information on what is required of the employee. When LIBI has enough information to determine that leave is being taken for an FMLA qualifying reason, LIBI must notify the employee that the leave is designated and will be counted as FMLA leave. LIBI must designate leave that qualifies as both leave to care for a covered service member with a serious injury or illness and leave to care for a qualifying family member with a serious health condition as leave to care for a covered service member in the first instance. The designation notice must be in writing and, generally, must be given within five business days of the determination. Employers also must notify the employee of the number of hours, days, or weeks that will be counted against the employee’s FMLA entitlement. Employers may use the optional forms WH-381 and WH-382 prepared by the U.S. Department of Labor to meet these notification requirements.

7.16.2 Certification Requirements LIBI may require that an employee’s request for military family leave be supported by an appropriate certification. LIBI may require that:

• Leave for a qualifying exigency be supported by a copy of the covered military member’s active duty orders and certification providing the appropriate facts related to the particular qualifying exigency for which leave is sought, including contact information if the leave involves meeting with a third party;

• Leave

to care for a covered service member with a serious injury or illness be supported by a certification completed by an authorized health care provider or by a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to any member of the covered service member’s family.

Second and third opinions and recertification are not permitted for certification of a covered service member’s serious injury or illness or of a qualifying exigency. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious injury or illness, or an ITO or ITA. Additionally, LIBI may contact the individual or entity named in a certification of leave for a qualifying exigency for purposes of verifying the existence and nature of the meeting. Employers may use the optional forms WH-384 and WH-385 prepared by the U.S. Department of Labor for obtaining certifications for qualifying exigencies and military caregiver leave, respectively.

7.16.3 Unlawful Acts It is unlawful for any LIBI employee acting on behalf of LIBI to interfere with, restrain, or deny the exercise of any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA.

7.16.4 Enforcement The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved between the employee and LIBI, the U.S. Department of Labor may bring action 132

Employee Handbook 2018 - 2020 | Long Island Business Institute

in court to compel compliance. Individuals may also be able to bring a private civil action against an employer for violations. For additional information, visit the Wage and Hour Division Website: http://www.wagehour.dol.gov

7.16.5 New York Family Military Leave Law Under the New York Family Military Leave Law LIBI is required to provide unpaid time off to family members of those on active duty in the military. Employers with 20 or more employees must provide the spouse of a person on active duty in a combat theater or zone of operations up to ten days of unpaid leave. This leave may only be taken while the person in the military is on leave from active duty. Only employees who work at least 20 hours per week are eligible for this leave. The law does not require any minimum length of service for eligibility, nor is the employee required to give LIBI notice prior to taking leave. Employees taking this leave will not be subject to retaliation or adverse actions. MILITARY SPOUSE LEAVE N.Y. Lab. Law § 202-i An employee is eligible for such leave if they work, on average, 20 hours or more per week at LIBI. The employee must also be the spouse of a member of the armed forces of the United States, the National Guard or military reserves who has been deployed during a period of military conflict to a combat theater or combat zone. Valid Leave Reasons – An employee is entitled to this leave when their military spouse is on leave from military service. Leave Time – Eligible LIBI employees are entitled to take up to 10 days of unpaid leave. Notice – Employees are not required to provide employers with advance notice of their need for such leave. Certification – Employees are not required to provide any certification of their need for such leave. Employee Rights – LIBI will not retaliate against employees for requesting or taking leave under this law.

7.16.6 Military Leave of Absence – Uniformed Services Employment and Reemployment Act (USERRA) The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides a wide range of protections for those who serve in our country’s military. USERRA requires all employers to allow covered employees to be absent from work to provide service in the uniformed services. Although an employee is not required to obtain permission from LIBI before taking military leave under USERRA, the employee should notify LIBI as soon as feasible or practicable so that arrangements can be made to temporarily reassign the employee’s College duties. Leave under USERRA encompasses the time that the employee spends out on military leave, as well as the time taken off from work to travel to and from military duty.

USERRA establishes policy governing Military Leave of Absence.

LIBI will grant employees a Military Leave of Absence (excused time from work) to attend inactive duty training (such as weekend drills or annual military training summer camp) or other service in the uniformed services.

Long Island Business Institute | Employee Handbook 2018 - 2020

133

7.16.7 Employee Obligations An employee is responsible for notifying LIBI of his or her military obligation. Such notice may be either written or oral. The notice may be informal and does not need to follow any particular format. It may be provided by the employee or by an appropriate officer of the branch of the uniformed services in which the employee will be serving. An “appropriate officer” is a commissioned, warrant, or non-commissioned officer authorized to give such notice by the applicable military service. The notice should be submitted by the employee as far in advance as is reasonable under the circumstances. LIBI understands that exceptions such as “military necessity” may preclude advance notice (e.g., fact of deployment is classified) or otherwise “unreasonable.” LIBI will not require an employee to reschedule drills, military training, or other military duty obligation to satisfy the college’s needs. However, when military duties require an employee to be absent from work for an extended period, during times of acute business need or when the requested military leave is unduly burdensome for the College, LIBI may contact the commander of the employee’s unit to determine whether the duty could be rescheduled or performed by another service member. If the commander determines that the employee’s military duty cannot be rescheduled or performed by another service member, LIBI will adjust business processes to permit the employee to perform his or her military duty.

7.16.8 Uniformed Services Under USERRA persons who are absent from their regular employment due to “service in the uniformed services” are entitled to certain reemployment rights and benefits. The term “uniformed services” includes:

• all branches of the United States armed forces (including both the active and reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard)

• the Army National Guard and Air National Guard, when members are engaged in

active duty training, inactive duty training (such as weekend drills), or full-time duty

• the commissioned corps of the Public Health Service and any other category of persons designated by the President in time of war or national emergency

• intermittent disaster response appointees of the National Disaster Medical System (NDMS), but only when federally activated or attending authorized federal training.

The phrase “service in the uniformed services” is defined as the performance of a duty on a voluntary or involuntary basis in a uniformed service, and includes:

• active duty • active duty training • inactive duty training • full-time National Guard duty (under Federal, not state, authority) • absence from employment for an examination to determine fitness for duty • absence from employment for the purpose of performing funeral honors duty by the National Guard or reserve members

• absence from employment to serve as an intermittent disaster-response appointee upon activation of the NDMS or as a participant in an authorized training program for the NDMS.

USERRA does not protect employees who leave civilian employment to pursue a full-time career in the military. USERRA does not require an employee to work for LIBI for a minimum amount of time in order to be covered. However, temporary employees who are hired for a brief, non-recurrent

134

Employee Handbook 2018 - 2020 | Long Island Business Institute

period, when there is no expectation that the employment would continue for an indefinite or significant period of time, are not covered by USERRA. Neither USERRA nor New York Military Law obligates private sector employers, including LIBI, to pay employees during a military leave of absence.

7.16.9 Returning From Military Service – New York State Military Law In addition to USERRA LIBI also complies with all of the provisions outlined in the New York Military Law. The New York Military Law provides that covered employees are entitled to return to their prior permanent employment at the end of military service, provided that they make application for reemployment within the following statutory time periods:

• 90 days for those who are in the active military service of the United States armed forces or the National Guard

• 10 days for those who participate in reserve duty training, instruction or duties, or in annual full-time training duty

• 60 days for those who perform initial full-time training duty or initial active duty training with the armed forces

• 10 days for those members of the organized militia or of a reserve component of the armed forces of the United States.

An employee who returns to employment by the end of the military leave of absence will be restored without loss of seniority unless the employee is no longer qualified to perform the duties of that position or unless LIBI’s circumstances have so changed as to make it impossible or unreasonable to do so. The employee is entitled to participate in insurance or other benefits offered by LIBI under its established rules and practices relating to employees on furlough or leave of absence in effect at the time the employee commenced the leave. For one year after return to employment, the employee may not be suspended or discharged from employment without cause.

7.16.10 Retaliation under USERRA LIBI will not take any adverse employment action against an employee because that person has taken an action to enforce rights under USERRA, testified in a proceeding to enforce USERRA, or has assisted or participated in an investigation under USERRA. However, individuals who are dishonorably discharged from their military service are not protected under this provision.

7.17 Voting LIBI encourages employees to exercise their right to vote. Employees who do not have sufficient time outside their working hours to vote may request to take off up to two (2) hours at the beginning or end of their shift, with pay, to allow them time to vote. Sufficient time is defined as: four consecutive hours either between the opening of the polls and the beginning of the employee’s working shift or between the end of the employee’s working shift and the closing of the polls. Employees must notify their supervisor no more that 10 but not less than 2 days before the day of the election that they will take that time to vote. Employees are expected to work with their supervisors to ensure that their absence does not negatively impact LIBI operations.

7.17.1 Employee Rights LIBI will pay the employee for up to two hours of voting leave. Additionally, LIBI will not subject an employee to penalty or reduce an employee’s wages for requesting or taking voting leave.

Long Island Business Institute | Employee Handbook 2018 - 2020

135

More information about voting leave is available on the posted notice of Employees’ Rights to Voting Leave by the time clocks at all LIBI campus locations.

7.18 Jury Duty If you are called for jury duty, you are entitled to take time-off, as necessary, to fulfill your jury obligation. An employee’s right to leave work for jury duty and/or subpoenaed witness duty is governed by state and federal law; therefore, eligible full-time employees will be paid in accordance with the state and federal law. Exempt and non-exempt full-time employees will be paid for up to three (3) days of jury service; if service extends beyond this period, full-time employees may choose to apply accrued vacation days to prevent payroll disruption. LIBI will not discipline, terminate, or deprive any employee of seniority positions or benefits in retaliation for jury duty. Employees must show the jury summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Employees are expected to report back to work whenever the court schedule permits. If you are chosen to sit on a jury, you must inform your supervisor how long the trial is expected to last. You must also check in with your supervisor on a daily basis during your jury service so that LIBI knows when to expect your return. On any day when the employee’s jury service ends before the end of the employee’s usual workday, the employee must check in with his/her supervisor to find out whether he/she needs to return to work for that day. LIBI does not require an employee who has reported or served for a full day of jury service to then work a full evening or night shift, even if that is the employee’s normally scheduled shift. At the end of the jury service employees must request a “proof of service” document from the State, Federal, or Town and Village Court where they served showing the dates of service. The “proof of service” should be submitted to the payroll department upon return to work. Either LIBI or the employee may request a postponement of jury duty if, in LIBI’s judgment, the employee’s absence would create serious operational difficulties. LIBI will continue to provide health insurance benefits for the full term of the jury duty absence. Vacation, sick leave, and holiday benefits will continue to accrue during jury duty leave.

7.19 Time-Off to Serve as a Witness If an employee is called to be a witness in a court proceeding, you must:

• Tell your supervisor as soon as you are summoned, and provide your supervisor with the appropriate documentation;

• Work with your supervisor to ensure that everything you are working on will be completed or reassigned;

• Complete your most important work before you leave; • Since serving as a witness in court proceeding is unpaid time off, get approval from your supervisor to use personal days or vacation time.

7.20 New York: Blood Donation Leave - Blood Donation Leave: N.Y. Lab. Law § 202-j Employees who work an average of at least 20 hours per week are eligible for up to three hours of unpaid leave in any 12-month period for donating blood. Employees must provide advance-notice of at least three working days of their intention to avail themselves of this leave, except in emergency situations. Employees may use accrued paid time off for this purpose. LIBI does not permit off-premises Blood Donation Leave under Labor Law § 202-j to accrue if it is not used during the calendar year. 136

Employee Handbook 2018 - 2020 | Long Island Business Institute

7.20.1 Recordkeeping LIBI requires employees making off-premises blood donation under this policy to show proof of their blood donation in the form of notice of blood donation or a good faith effort at blood donation from the blood bank or some other proof sufficient to the purpose.

7.21 Bone Marrow Donation Leave - Bone Marrow Donation Leave: N.Y. Lab. Law § 202-a Employees who work 20 or more hours per week are entitled to up to 24 hours of unpaid leave for the purposes of donating bone marrow. Verification of donation and the length of necessary leave may be required by the college. Reasonable notice of leave must be provided. Employees may use accrued paid time off for this purpose.

7.22 Family and Medical Leave Act of 1993 The Family and Medical Leave Act (S. 5 and H.R. 1) was signed into law by President Clinton on February 5, 1993. The law went into effect on August 5, 1993. The following summarizes this law’s major provisions. The Family and Medical Leave Act of 1993 (FMLA or Act) covers all employees who work for employers with 50 or more employees within 75 miles of a given workplace. The Act covers all private, state and federal employees.

The FMLA is a long-established Federal law governing the circumstances surrounding leave for employees.

An employee must have worked at least 12 months for LIBI and 1,250 hours in the past year to be entitled to the leave benefit. All eligible employees are entitled to a total of 12 weeks of leave during any 12-month period for one or more of the following: 1) birth of a child, 2) placement of a child for adoption or foster care, 3) caring for a spouse, child or parent with a serious health condition or 4) the serious health condition of the employee. A serious health condition is defined as in-patient care at a hospital, hospice or residential medical care facility or continuing care by a doctor of medicine or osteopathy. LIBI can require an employee to provide a doctor’s certification of the serious health condition. Under the Act, an employee can take the 12 weeks of leave intermittently (take a day periodically when needed) or use the leave to reduce the work week or workday, resulting in a reduced hourly schedule. LIBI and employee must agree on these variations if the employee is taking leave for the birth, adoption, or foster care of a child. If employees have accrued paid leave for less than 12 weeks, they may take the rest as unpaid leave to supplement the paid leave. If the employee is taking leave under the Act for the birth, adoption, or foster care of a child, the employee can choose or LIBI can require the employee to use up all paid vacation, personal or family leave before taking unpaid leave. Similarly, the employee can choose or LIBI can require the employee to use up all paid vacation, personal or sick leave before using unpaid leave, if the employee is taking leave for the serious illness of a family member or of the employee. When an employee plans to take leave under the FMLA, the employee is required to give LIBI 30 days’ notice or, if this is not possible, as much notice as is practicable. An individual undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to LIBI’s operations. For more information on FMLA, visit http://www.dol.gov/esa/whd/fmla/. Definitions of “spouse,” “parent,” and “child” for purposes of an employee qualifying to take FMLA leave: c. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized. d. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (c) below. This term Long Island Business Institute | Employee Handbook 2018 - 2020

137

does not include parents “in law”. e. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.” The FMLA itself defines the term “parent” as “a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to” the employee when they were a minor. FMLA regulations further defining “parent” can be found in 29 C.F.R. § 825.122. FMLA does not protect a leave of absence to provide care for grandparents unless the employee is able to demonstrate that the grandparent stood in loco parentis to the employee when they were a minor. The regulations define in loco parentis as having had the responsibility of providing day-to-day care to the employee and/or financially support of the employee in his or her childhood. FMLA does not require a legal or biological relationship to establish in loco parentis. As a result, unless the employee is able to demonstrate that the grandparent stood in loco parentis, the leave is not covered 1. “Incapable of self-care”’ means that the individual requires active assistance or supervision to provide daily self-care in three or more of the “activities of daily living’’ (ADLs) or “instrumental activities of daily living” (IADLs). Activities of daily living include adaptive activities, such as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc. 2. “Physical or mental disability”’ means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms. 3. Persons who are “in loco parentis’’ include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. f. For purposes of confirmation of family relationship, LIBI may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child’s birth certificate, a court document, etc. LIBI is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose. For more information on definitions for purposes of FMLA visit the website at: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.122.htm LIBI requires that an employee who takes leave under the FMLA must submit a signed letter stating the reasons for the leave and the expected return-to-work date. Employment benefits (such as medical coverage) of an employee who does not return to work on the return date will have his/her company-paid benefits discontinued. Under these circumstances, upon return to work, the employee (fulltime employees) must repeat the four (4) month probation period to re-qualify for benefits.

7.23 Returning to Work After an Illness This section is not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation or covered under the Americans with Disabilities Act (ADA) or leave benefits under the Family and Medical Leave Act (FMLA). Inquiries about the ADA or FMLA should be directed to the payroll department or to the Director of Operations and Institutional Effectiveness.

138

Employee Handbook 2018 - 2020 | Long Island Business Institute

LIBI requires that an employee provide a doctor’s letter to return to work (on a specific date) anytime the employee has taken time off from work under the FMLA for:

• Receiving medical treatment for a serious or chronic illness; • Undergoing surgery of any kind; • Hospitalization of any kind; • Recovery from an accident of any kind. If an employee knows in advance they will be taking time off to recover from any of the above, he/ she must provide LIBI with a signed letter requesting the time off and stating when they intend to return to work, at least two (2) weeks prior to the absence so that work responsibilities are covered. Faculty who will be out during an active semester for over two weeks may have their courses reassigned and will be given a new teaching schedule, based on availability, in the following semester.

7.24 Transitional Work LIBI defines “transitional work” as temporary, modified work assignments within the worker’s physical abilities, knowledge and skills. When possible, transitional positions will be made available to injured workers to minimize or eliminate time lost from work. LIBI cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position. The policy only applies to regular full-time employees who are on leave as a result of injury or illness and who are receiving workers’ compensation benefits. In the event an employee refuses transitional work (outside the employee’s FMLA benefits period) and the employee satisfies the restrictions and ability to perform the transitional position, LIBI is not obligated to provide an alternative position. In such cases, LIBI will notify the insurance carrier of the employee’s refusal of the transitional work. To obtain a transitional assignment the employee must request the accommodation from his/her immediate supervisor and from the Provost or the President. The employee must provide documentation from the attending physician. A Return to Work Release Form must be filled out by the attending physician and submitted to the College within one business day following the medical treatment for assessment of transitional work. Upon completion of the Return-to-Work Form and the attending physician’s approval of the transitional position, a written list of modified duties will be prepared by the supervisor and discussed with the employee. The letter will note the doctor’s approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the written list of modified duties to indicate his or her acceptance or refusal of the transitional work modification and to return it to the Director of Operations and Institutional Effectiveness. If any medical restrictions change, the employee must immediately notify his or her supervisor and provide the supervisor a copy of the new medical release.

7.25 Maternity/Paternity Leave The FMLA entitles eligible employees to take up to 12 weeks unpaid leave within a one-year period for the birth or adoption of a child. There is no paid maternity leave benefit for part-time employees or adjunct instructors. Eligible employees may first apply accrued vacation and sick days for which they will be paid during this period. LIBI is not obligated to grant additional time off beyond the 12 weeks per year and provides no guarantee that an employee’s job will be held open or that reinstatement will occur if the employee extends his/her leave beyond 12 weeks.

7.26 Notice Requirements Employees are required to give notice at least 30 days in advance of their need for Family Medical Leave if their need for leave is foreseeable. If you fail to do so, we may delay your leave. In emer-

Long Island Business Institute | Employee Handbook 2018 - 2020

139

gencies and unexpected situations, employees must give as much notice as is practicable under the circumstances.

7.27 Reinstatement When you return from leave, you have the right to return to your former position or an equivalent position, except:

• You have no greater right to reinstatement than you would have had if you had not been on

leave. If your position is eliminated for reasons unrelated to your leave, for example, you have no right to reinstatement;

• LIBI may not be obligated to reinstate you if you are a key employee - that is, you are among the highest paid 10% of our workforce and holding your job open during your leave would cause LIBI substantial economic harm. If LIBI classifies you as a key employee under this definition, you will be notified soon after you request leave.

7.28 New York: State Paid Family Leave 7.28.1 Eligibility Requirements Employees who have a regular work schedule of 20 or more hours per week and have been employed at least 26 consecutive weeks prior to the date Paid Family Leave (PFL) begins (or who have a regular work schedule of less than 20 hours per week and have worked at least 175 days to the date PFL begins) are eligible for PFL. An employee has the option to file a waiver of PFL and therefore not be subject to deductions when his or her regular employment is:

• 20 or more hours per week but the employee will not work 26 consecutive weeks; or

• fewer than 20 hours per week and the employee will not work 175 days in a 52-consecutive week period.

7.28.2 Entitlement PFL is available to eligible employees for up to eight (8) weeks (increases to 10 weeks on or after January 1, 2019 and up to 12 weeks on or after January 1, 2021) within any 52-consecutive week period. PFL is available for any of the following reasons:

• to participate in providing care, including physical or psychological care, for the

employee’s family member (child, spouse, domestic partner, parent, parent-inlaw, grandchild or grandparent) with a serious health condition; or

• to bond with the employee’s child during the first 12 months after the child’s birth, adoption or foster care placement; or

• for

qualifying exigencies, as interpreted by the Family and Medical Leave Act (FMLA), arising out of the fact that the employee’s spouse, domestic partner, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.

The 52-consecutive week period is determined retroactively with respect to each day for which PFL benefits are currently being claimed. PFL benefits are financed solely through employee contributions via payroll deductions. The weekly monetary benefit will be 50% of the employee’s average weekly wage or 50% of the state average weekly wage, whichever is less (increases to 55% on or after January 1, 2019, 60% on or after January 1, 2020 and 67% or after January 1, 2021). LIBI and an employee may agree to allow the employee to supplement PFL benefits up to

140

Employee Handbook 2018 - 2020 | Long Island Business Institute

their full salary with paid time off, to the maximum extent permitted by applicable law. An employee who is eligible for both statutory short-term disability benefits and PFL during the same period of 52 consecutive calendar weeks may not receive more than 26 total weeks of disability and PFL benefits during that period of time. Statutory shortterm disability benefits and PFL benefits may not be used concurrently.

7.28.3 Definition of a Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential health care facility; or continuing treatment or continuing supervision by a health care provider. Subject to certain conditions, the continuing treatment or continuing supervision requirement may be met by a period of incapacity of more than three (3) consecutive full days during which a family member is unable to work, attend school, perform regular daily activities or is otherwise incapacitated due to illness, injury, impairment or physical or mental conditions, and any subsequent treatment or period of incapacity relating to the same condition, that also involves treatment two (2) or more times by a health care provider; or treatment on at least one (1) occasion by a health care provider, which results in a regimen of continuing treatment under the supervision of the health care provider. The continuing treatment or continuing supervision requirement also may be met by any period during which a family member is unable to work, attend school, perform regular daily activities or is otherwise incapacitated due to a chronic serious health condition or an illness, injury, impairment, or physical or mental condition for which treatment may not be effective. A chronic serious health condition is one which requires periodic visits for treatment by a health care provider; continues over an extended period of time (including recurring episodes of a single underlying condition); and may cause episodic rather than a continuing period of incapacity. Examples of such episodic incapacity include but are not limited to asthma, diabetes and epilepsy. Other conditions may meet the definition of continuing treatment.

7.28.4 Use of Leave An employee does not need to use this leave entitlement in one (1) block. Leave can be taken intermittently in daily increments. Leave taken on an intermittent basis will not result in a reduction of the total amount of leave to which an employee is entitled beyond the amount of leave actually taken.

7.28.5 Employee Responsibilities An employee must provide 30 days’ advance notice before the date leave is to begin if the qualifying event is foreseeable. When 30 days’ notice is not practicable for reasons such as lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, the employee must provide notice as soon as practicable and generally must comply with LIBI’s normal call-in procedures. Failure by the employee to give 30 days’ advance notice of a foreseeable event may result in partial denial of the employee’s benefits for a period of up to 30 days from the date notice is provided. Employees must provide sufficient information to make the college aware of the qualifying event and the anticipated timing and duration of the leave. Employees must specifically identify the type of family leave requested. Employees also must provide medical certifications and periodic recertification or other supporting documentation or certifications supporting the need for leave. An employee requesting PFL must submit the following forms to the College’s insurance carrier: 1) a completed Request for Paid Family Leave or PFL-1 form 2) Bonding Certification: PFL-2 Form plus documentation; 3) Health Care Provider Certification: PFL-4 Form plus Personal Health Information (PHI) Release (PFL-3 Form); or 4) Military Qualifying Event: PFL-5 Form plus documentation. These documents are available from the Director of Operations and Institutional Effectiveness.

Long Island Business Institute | Employee Handbook 2018 - 2020

141

7.28.6 Job Benefits and Protection During any PFL taken pursuant to this policy, LIBI will maintain coverage under any existing group health insurance benefits plan as if the employee had continued to work. The employee must make arrangements with the Director of Operations &amp; Institutional Effectiveness prior to taking leave to pay their portion of any applicable health insurance premiums each month. LIBI’s obligation to maintain health insurance coverage ceases if an employee’s premium payment is more than 30 days late. If an employee’s payment is more than 15 days late, the college will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date. Any employee who exercises his or her right to PFL will, upon the expiration of that leave, be entitled to be restored to the position held by the employee when the leave commenced, or to a comparable position with comparable benefits, pay and other terms and conditions of employment. The taking of leave covered by PFL will not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

7.28.7 Leave Concurrent with FMLA The college will require an employee who is entitled to leave under both the Family &amp; Medical Leave Act (FMLA) and PFL, to take PFL concurrently with any leave taken pursuant to the FMLA. When the total hours taken for FMLA in less than full-day increments reaches the number of hours in an employee’s usual workday, the college may deduct one (1) day of PFL from an employee’s annual available PFL. If employees have any questions regarding this policy, they should contact the Director of Operations and Institutional Effectiveness.

142

Employee Handbook 2018 - 2020 | Long Island Business Institute

8. EXPENSES 8.1 Tuition Reimbursement Policy and Procedures The Long Island Business Institute supports employees who wish to continue their education to secure increased responsibility and growth within LIBI. In keeping with this philosophy, LIBI has established a reimbursement program for expenses incurred through accredited institutions of higher learning recognized by the U. S. Department of Education.

LIBI supports full-time employees who wish to continue their education.

If you are a full-time regular employee in good standing and have completed one year of service, you are eligible to participation as long as the courses are job-related. All requests for tuition reimbursement are subject to pre-approval and review by the employee’s direct supervisor and the Provost or the Assistant Campus Director. An employee who submits a reimbursement request without pre-approval or without the signature of the Provost or the Assistant Campus Director will not receive reimbursement. A copy of the pre-approval form is included in the Appendix of this Handbook. Please see the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director to obtain additional copies of this form. LIBI will reimburse up to two courses per semester (not to exceed 8 credits per semester), and no more than 16 credits per calendar year, for continuing education through an accredited program that either offers growth in an area related to the employee’s current position or might lead to promotional opportunities. Any exception will need to be approved by the College President in advance. Employees must receive a passing grade of “B” or better or a “P” if a Pass/Fail course, to receive any reimbursement. Expenses must be validated by receipts and a copy of the final grade. Employees will be reimbursed at one half of the City University of New York (CUNY) tuition rate per college credit upon receiving a “B” or better in the course. Associate and undergraduate level courses will be reimbursed based on the Queensborough Community College (CUNY) and Queens College (CUNY) tuition rate respectively. Graduate level courses will be reimbursed based on the tuition rate of the Graduate Center of CUNY. School registration fees and books are not reimbursable. Classes must be scheduled outside of regular work hours. Under no circumstances should the employee’s school schedule interfere with the operation of the department for which the employee works and should not adversely affect the delivery of services to students. Only employees in good standing qualify to receive tuition reimbursement. Employees on warning or probation will not be pre-approved for tuition reimbursement for the semester during which they are not in good standing. An employee, who is placed on probation during a semester where they were pre-approved for reimbursement, will forfeit the existing pre-approval and will not receive reimbursement for that semester. Employees who successfully complete the terms of probation will be eligible for tuition reimbursement for the next appropriate semester. The employee should provide his/her manager with information about the course for which he/she would like to receive reimbursement. The employee should allow at least one work week for the manager to review the course content to determine if the course is applicable, or relevant to the employee’s job functions. The pre-approval section of the tuition reimbursement form should be completed and all the appropriate signatures obtained prior to enrolling. A new form should be submitted each semester. Flushing and LIBI NYC employees should bring the form to the Provost or to the Director of Operations and Institutional Effectiveness. Employees at the Commack campus should bring the form to the Assistant Campus Director for approval. Upon approval, a copy will be filed in the employee’s file. The employee will maintain the original until he/she has completed the course. The employee can then enroll in the course. Upon completion of the course, the employee should resubmit the original tuition reimbursement form with the reimbursement section filled out, including appropriate signatures, as well as receipts and evidence of minimum grade required or certification attached to the Director of Operations and Institutional Effectiveness, the Provost, or the Assistant Campus Director.

Long Island Business Institute | Employee Handbook 2018 - 2020

143

8.2 LIBI Tuition Remission Eligibility Employees, their spouses and dependent children can take advantage of LIBI courses at a discount.

Tuition remission for eligible employees, spouses and dependent children is available to full-time employees. In order to qualify for this benefit an employee must have one year of full-time service at LIBI. Adjunct Faculty, temporary employees and part-time employees do not qualify. A qualified eligible spouse or eligible dependent will receive 50% tuition remission per semester when enrolling for full-time study in one of LIBI’s programs. The 50% tuition waiver does not apply to registration fees, activity fees, books or any other administrative college fees. Dependent children and spouses of employees must apply for admission and meet all the regular admissions standards and criteria for the desired program they wish to attend. An eligible spouse is defined as an individual who is a husband or a wife pursuant to a marriage that is a legal union. An eligible dependent is defined as a natural born child, legally adopted child, or stepchild, unmarried, who is eligible to be claimed as a deduction on the eligible staff member’s income tax return for the previous year and in the tax period in which the tuition is waived, and who meets all the admission and academic requirements of LIBI. Stepchildren must have established residency on a permanent basis with the employee in order to qualify for the 50% tuition waiver. Flushing and LIBI NYC employees wishing to participate in this program should speak to the Director of Operations and Institutional Effectiveness or the Provost. Commack employees wishing to participate in this program should speak to the Assistant Campus Director.

8.3 Expense Reimbursement LIBI has established policy standards for business-related expenses.

From time to time, employees may incur expenses on behalf of LIBI. We will reimburse you for the actual work-related expenses you incur, as long as those expenses are reasonable. You must follow these procedures to get reimbursed:

• Fill out the appropriate LIBI form and obtain permission and signature authorization from your supervisor before incurring an expense. Please check with the Director of Operations and Institutional Effectiveness for possible vendor discounts on the items you are requesting;

• Spend LIBI’s money wisely - make an effort to save money and use approved vendors if possible;

• Keep a receipt or some other proof of payment for every expense; • Submit your receipts, along with an expense report, to your supervisor for approval within 30 days of incurring an expense.

Your supervisor is responsible for submitting your expense report to the Accounting Department at the Flushing Campus. If your report is approved, you will receive your reimbursement in the form of a check.

8.4 Procedures for Travel Expenses If employees are required to travel for work, LIBI will reimburse you for your travel expenses with proper authorization, including:

• the cost of travel to and from the airport or train station, including parking expenses and tolls;

• the cost of airline or train tickets - such tickets must be competitively priced; • the cost of an economy class rental car, if necessary; • a mileage reimbursement, for those employees who prefer to use their own cars for LIBI travel. Employees will be reimbursed using the standard mileage rates published by the

144

Employee Handbook 2018 - 2020 | Long Island Business Institute

IRS annually;

• the cost of lodging - employees should select moderately priced lodging if possible, and; • the cost of meals and other incidental expenses up to $50/day. Alcoholic beverages will not be reimbursed.

You must request advance approval of all travel expenses from your supervisor and follow the procedures above to have your expenses reimbursed.

8.5 Mileage Reimbursement Employees who use their own vehicle for LIBI business will be reimbursed at the standard mileage rates published by the IRS annually. For 2015, the standard mileage rate for the cost of operating your car for business use is 57.5 cents per mile. Employees are not entitled to separate reimbursement for gas, maintenance, insurance, or other vehicle-related expenses. The reimbursement rate above is intended to encompass all of these expenses. Before using a personal vehicle for work-related purposes, employees must demonstrate that they have a valid driver’s license and adequate insurance coverage. To claim mileage reimbursement, you must follow these procedures:

• Be sure to obtain written approval from your supervisor. • Keep a written record of your business-related travel, including the total mileage of each business trip, the date of travel, the location to which you traveled, and the purpose of your trip.

• Submit your record to your supervisor for approval on the last day of the month; • Your supervisor is responsible for submitting your record to the Accounting Department at the Flushing campus.

Beginning on January 1, 2016, the standard mileage rates will be 54 cents per mile.

Long Island Business Institute | Employee Handbook 2018 - 2020

145

9. EMERGENCY PROCEDURES 9.1 LIBI Emergency Notification System In this section, we address common emergency situations and procedures LIBI has established to deal with these situations effectively and safely.

The LIBI Emergency Notification System is a set of tools that will be used to notify the members of LIBI community with text messages and emails when the college has a catastrophic emergency or a potentially harmful situation that we need to alert you about. Emergency Alerts Are Triggered by a Broad Range of Threats. Emergency notifications are triggered as soon as there is confirmation of a dangerous situation or emergency. In the case of an active shooter, this may be as soon as campus administrators identify that there are shooting victims with an unknown suspect at-large. This may occur in minutes. In the case of an outbreak of a communicable disease, this may not happen until medical test results come back after a day. Timely warnings are triggered as soon as the pertinent information is available. In the case of an armed robbery, this may occur as soon as a report is made to campus administration within minutes following the incident. In the case of a series of classroom or office thefts, this may not occur until they are all reported and a pattern is recognized, which may be two to three days after the incidents have occurred. Timely warnings are triggered when LIBI determines that a crime for which it must report statistics — such as a homicide, sex offense or robbery — presents a serious or continuing threat to students and employees. This is determined by the President, the Provost, the Dean of Students, or the Assistant Campus Director. In order for a situation to trigger a Timely Warning notification the incident must occur on campus (or any LIBI property) or on immediately accessible public property. Each incident reported is evaluated on a case-by-case basis to determine if it meets requirements of the Timely Warning regulations. In the event of a catastrophic emergency or a dangerous situation that threatens the safety and well-being of the college community, a Timely Warning text message will be sent out to all the participants that have signed up to receive the Emergency Cell Phone Notification. This message will give instructions on how individuals should react to avoid potential harm. Non-participants will receive the same message via their LIBI email accounts. Emergency notifications are triggered by a far broader range of potential threats — any significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees on the campus, but not the other Clery public property or non-campus areas. This could overlap and include a Clery crime such as a shooting, but it also covers crimes not reportable under Clery as well as non-criminal incidents, such as an outbreak of a communicable illness, an impending weather emergency or a gas leak. Notifications will be issued without delay upon confirmation of the emergency by the President, the Provost, the Dean of Students, or the Assistant Campus Director. The College’s main website will also be changed to display any messages, procedures or instructions to follow in case of a serious, health or life threatening, situation occurring at any of the campuses.

9.1.1

What Would an Emergency Notification System Message Say?

The college would send Timely Warning text messages (SMS) to all participants of Emergency Cell Phone Notification upon verifying that the college community is in imminent danger (i.e. active shooter situation, a near fatal or fatal accident or incident on or near campus, an accidental release of hazardous material on campus etc.). Messages about campus crime alerts generally will not be sent unless it is decided there is an imminent threat of danger. An email will also be sent out to the LIBI community of the campus being affected. In such instance, the email message will contain a brief and concise statement of the incidents posing the danger. Directions and safety precaution suggestions will be provided in the email message. A second message will be sent out when the situation is resolved and the college has resumed normal operation.

146

Employee Handbook 2018 - 2020 | Long Island Business Institute

9.1.2 Why Should I Sign Up To Receive Emergency Cell Phone Notification (Timely Warning)? All students, faculty and staff should sign up as this will help us alert you in case there is an emergency on campus that endangers your safety.

9.1.3 Where Do I Sign Up for Emergency Cell Phone Notification (Timely Warning)? LIBI Faculty: Sign up with the Provost, Director of Operations and Institutional Effectiveness, or Assistant Campus Director. LIBI non-instructional staff: Sign up with the Front Desk. LIBI students: Sign up with the Registrar.

9.1.4 Will I Get Any Messages If I Do Not Sign Up? You will only get text messages if you sign up. We will still email you the alert; however, the best, most expedient way to reach you is by text message. If you do not sign up, you will miss out on any alerts send out by the college. LIBI will not be responsible for any harm you may suffer as a result of not signing up for the Emergency Notification System.

LIBI has established an emergency warning messaging system.

You must update LIBI if you change your cell phone number. Keeping your telephone number current with the college is the employee's responsibility.

9.1.5 Will I Get Multiple Messages Daily, Weekly or Every Few Days? No, you will only get a message if you sign up and when there is an immediate threat to your safety or that requires your attention. We will not notify you of school closings due to inclement weather, using this Emergency Notification System. LIBI does not send SPAM messages or share your information with third parties.

9.1.6 What If I Change My Phone Number? In order for you to receive our alerts you must keep your cell phone number current with us. All employees are responsible for updating their address and contact information with the Director of Operations and Institutional Effectiveness and the Fiscal Manager.

9.1.7 Can I Remove My Number from the Emergency Cell Phone Notification? Yes, you can. You will need to notify the Director of Operations and Institutional Effectiveness that you would like your cell phone number removed from our notification. You must notify us of this in writing- telephone or verbal requests for removal will not be accepted. You must be aware that when you remove your telephone number from our Emergency Notification System, you will miss out on alerts that may inform you of any potential danger at our campuses.

9.1.8 Do I Need to Sign Up to Receive Emergency Alert Email? No, you do not need to sign up to receive Emergency Alert email. Any Emergency Alert email will be sent to all LIBI email accounts.

9.2 Emergency Closing Policy Although LIBI will make every effort to remain open for business on scheduled workdays, there may be instances where conditions make it impossible to do so. Please note all three locations make their determinations to cancel classes individually. Instances when the campuses may close include, but

Long Island Business Institute | Employee Handbook 2018 - 2020

147

Each LIBI campus follows its own procedure for emergency closings (such as weather related closing).

are not limited to: severe weather, declared state of emergency, utility disruptions, natural disasters and terrorist actions. In all cases employee safety will be the primary consideration. The following procedures will establish guidelines regarding reporting to work, use of leave and pay issues when circumstances impact LIBI’s ability to be open.

9.2.1 Flushing Campus Employees (Members of the staff and Faculty) The Long Island Business Institute will follow the guidance of local news stations and New York City government recommendations to determine if the college will continue normal operating hours in the event of severe weather conditions. If the New York City Public Schools are open, employees are expected to report to work on time as scheduled. Employees who fail to report to work will be considered to be out for personal reasons and will be granted unpaid leave on a full day basis for the first occurrence. Subsequent occurrences will subject the employee to consequences under LIBI’s attendance policy. If the New York City Public Schools are closed, the Flushing campus and LIBI NYC will cancel classes scheduled between 9am and 5pm. This means that if the Public Schools have a delayed opening, Flushing and LIBI NYC will also likely have a delayed opening. Cancellation of day classes does not automatically extend to evening classes. A separate announcement regarding evening closures will be made by 4:00 pm the day of the weather emergency. It is the responsibility of the employee to call LIBI’s weather line to confirm the status of their campus. In the event that an emergency closing occurs in the evening or during a regularly scheduled holiday for the NYC Public School system, LIBI Flushing will follow the Queens College closing announcements and LIBI NYC will follow BMCC. As noted above, the decision to cancel evening classes will be made by each campus by 4:00 pm the day of the weather emergency. If there is a declared state of emergency that prevents employees from being able to travel to work on a particular day, then LIBI will make the determination whether to close the campuses based on the information provided by the local government. In the event of a catastrophic emergency that prevents LIBI from normal operations for more than three days, full-time salaried employees will be paid only for the first three business days and will be allowed to use accrued vacation or personal time for the remaining time. In the event of a partial day closure, all salaried employees will be paid their normal pay for the day. This is true whether the closure is due to early closing or late opening in accordance with procedures specified above. Hourly employees will not be paid in case of emergency closures. LIBI reserves the right to make decisions regarding emergency closings that are believed to be in the best interest of the safety of all employees and our students. FLUSHING WEATHER LINE: 347 - 827 - 0874

Cancellation of day classes does not automatically extend to evening classes. A separate announcement regarding evening closures will be made by 4:00 pm the day of the weather emergency. 148

9.2.2 Commack Campus Employees (Members of the Staff and Faculty) If the Suffolk Public Schools are open, employees are expected to report to work on time as scheduled. Employees who fail to report to work will be considered to be out for personal reasons and will be granted unpaid leave on a full day basis for the first occurrence. Subsequent occurrences will subject the employee to disciplinary consequences under LIBI’s attendance policy. If the Suffolk Public Schools are closed, the Commack Campus will cancel classes scheduled between 9:00 am and 5:00 pm. This means that if the Public Schools have a delayed opening, the Commack Campus, will also likely have a delayed opening. It is the responsibilEmployee Handbook 2018 - 2020 | Long Island Business Institute

ity of the employee to call LIBI’s weather line to confirm the status of their campus. In the event that an emergency closing occurs in the evening or during a regularly scheduled holiday for the Suffolk Public School system, Commack Campus will follow the Suffolk County Community College closing announcements. In the event of a partial day closure, all salaried employees will be paid their normal pay for the day. This is true whether the closure is due to early closing or late opening in accordance with procedures specified above. Hourly employees will not be paid their regular pay in case of emergency closure. COMMACK WEATHER LINE: 631 - 716 - 5424

9.2.3 Manhattan Center Employees (Members of the Staff and Faculty) The Long Island Business Institute will follow the guidance of local news stations and New York City government recommendations to determine if the college will continue normal operating hours in the event of severe weather conditions. LIBI NYC will follow the same general procedures as outlined in the Flushing campus section (Section 9.2.1) of this handbook in determining if the college will close due to severe weather or other safety and security concerns. If the New York City Public Schools are closed, LIBI NYC will cancel classes scheduled between 9am and 5pm. This means that if the Public Schools have a delayed opening, LIBI NYC will also have a delayed opening. Cancellation of day classes does not automatically extend to evening classes. A separate announcement regarding evening closures will be made by 4:00 pm the day of the weather emergency. It is the responsibility of the employee to call LIBI NYC weather line to confirm the status of their campus.

Cancellation of day classes does not automatically extend to evening classes. A separate announcement regarding evening closures will be made by 4:00 pm the day of the weather emergency.

MANHATTAN WEATHER LINE: 646 - 856 - 9018

9.3

What to Do in an Emergency?

In case of an emergency, such as a fire or accident, your first priority should be your own safety. In the event of an emergency causing serious injury, IMMEDIATELY DIAL 911 to alert police and rescue workers of the situation. If you hear a fire alarm or in case of an emergency that requires evacuation, please proceed quickly and calmly to the emergency exit closest to your work area. LIBI holds periodic fire drills to familiarize everyone with the routes they should take. Remember that every second may count – do not return to the workplace to retrieve personal belongings or work-related items. Once you have exited the building, head towards the safety designated area specified by the Safety Committee at your campus. Each campus has a Safety Committee designated to provide employees with information about emergency and safety planning and response. LIBI keeps emergency supplies on hand. First aid kits are located at the front reception desks at all campus locations and by the guards on each floor. You can find a complete list of LIBI’s Emergency Management Plan and location of fire extinguishers in the Campus Safety Plan published on our website.

Long Island Business Institute | Employee Handbook 2018 - 2020

149

9.4 Who to Notify in Case of Emergency The following personnel should be notified immediately (in this order) in the event of an emergency during school operating hours: LIBI LOCATION FLUSHING DAYTIME OPERATING HOURS 10:00 am - 5:00 pm

COMMACK

PERSONNEL TO NOTIFY

OFFICE LOCATION

President

Office M410

Director of Operations and Institutional Effectiveness

Office M412

Assistant Campus Director

Executive Office

Administrative Assistant

Front Desk

President

Room 1017

MANHATTAN

EVENING OPERATING HOURS 5:00 pm - 10:00 pm

Provost

Room 1015

IT Manager

Room 914

FLUSHING

Campus Information and Visitor Services Department

Room M502

COMMACK

Receptionist

Front Desk

MANHATTAN

IT Manager

Room 914

Note: 911 should be called if no designated administrators can be immediately contacted and/ or if the emergency is urgent. During regular school hours if a false alarm is activated, designated administrators will immediately inform those on campus at that time.

9.5 Fire/Evacuation Drill LIBI holds periodic drills, training, and maintenance events to provide as safe an environment as possible.

Drills should take place during both day and evening sessions a minimum of three times a year. Three (3) drills are recommended to be scheduled. Suggested Schedule:

• Early June; • Early November; • Late February. LIBI follows all New York State rules pertinent to fire drill requirements.

9.6 Maintenance of First Aid Materials and Megaphones Twice a year, once in February and once in August, or as needed, the first aid kits are checked and restocked. Once a year in February, the megaphones are tested and the batteries changed.

9.7 Maintenance of Fire Extinguishers and Fire Hoses This equipment is maintained by the properly licensed companies as required. Documentation is kept on file.

9.8 Training of Fire Wardens and Searchers Twice a year, once in February and once in August, a meeting is held with the Fire Safety Director, the Deputy Fire Safety Director, the Fire Wardens, and the Searchers to review the procedures that all assigned personnel should follow. If you are designated to serve in one of these positions, please attend all scheduled meetings. The Fire Safety Director administers the training for day and evening sessions. Each year the plan is revisited and any updates are made as necessary. 150

Employee Handbook 2018 - 2020 | Long Island Business Institute

9.9 Active Shooter/Hostage Situation Policy For the purposes of this policy, an “active shooter” is defined as an individual or individuals who are actively discharging a firearm on campus regardless of the intended target(s). The following guidelines can help reduce your personal risk in the unlikely event that an “active shooter” incident should occur on any of our campuses. In general, how you respond to an active shooter will be dictated by the specific circumstances of the encounter. If you find yourself involved in an active shooter situation, try to remain calm and CALL 911 as soon as possible. When you CALL 911 provide the following information: “This is _____________, (state your name) I am located at _______________, (give your location) we have an active shooter, gunshots fired.”

9.10 What to Report to the Police in Addition to Your Location If you were able to see the offender(s), give a description of the person’s sex, race, clothing, type of weapon(s), location last seen, direction of travel, and identity – if known. Report the number of people at your location. If there are any injuries – number of people injured and type of injuries. If you heard explosions separate from gunshots, report that. Please keep in mind that active shooter situations are dynamic and evolve rapidly. These situations always demand immediate response by law enforcement units to stop the shooting and to prevent further harm to the community. Since LIBI has no armed police or security on staff, we are dependent on the local police units to respond and neutralize the threat. However, LIBI staff and students can take steps to help protect themselves during such a crisis.

9.11 Mentality of an “Active Shooter”

• Desire is to kill and seriously injure others without concern for his/her safety or threat of capture;

• Normally has intended victims and will search them out; • Will continue to move throughout the building/area until suicide, or other intervention.

stopped by law enforcement,

9.12 If “Active Shooter” is Outside the Building Secure the immediate area/room:

• Turn off all the lights; • If possible, close and lock all windows and doors; • If possible, close the blinds or cover the windows; • Do not stand by doors or windows; • Barricade the doors; • Turn off computer monitors and any other equipment that emits noise; • Silence, but do not turn off, all cell phones; [1] • If you can do so safely, get down on the floor up against an interior solid wall and remain quiet;

• Keep yourself out of sight and take adequate cover/protection if possible, (i.e., thick desks, filing cabinets can provide coverage);

1 When possible, the College will use the LIBI Emergency Notification System to send text messages with instructions or updates to the cell phones of participating members of the community. Please note, only individuals who sign up for the emergency notification program will receive such text messages.

Long Island Business Institute | Employee Handbook 2018 - 2020

151

• Stay calm. There should be absolutely no crying, shouting, panicking, or sound-enabled cellular phone use.

If you are in a secured area, do not leave until given instructions to do so by the police or other official help response units. Remember – unfamiliar voices may be an active shooter trying to lure you from safety. Never respond to voice commands until you can verify with certainty that they are being issued by a police officer or a member of the emergency response team.

9.13 If “Active Shooter” is Inside the Building If it is possible to flee the area safely and avoid danger, do so. Get as far away from the shooting scene as possible and then contact the police. If flight is impossible, secure the immediate area/room as stated above.

• Stay calm and quiet; • Get down on the floor or under a desk and out of the line of fire; • Remain there until the “all clear” instruction is given by an authorized, known voice. 9.14 If “Active Shooter” Enters Your Class/Office There is no one procedure authorities can recommend in this situation.

• Stay calm. Don’t let fear paralyze you and don’t make it easy for the armed subject to injure or kill you;

• Try not to do anything that will provoke the active shooter; • Hide or flee if possible; • If there is no possibility of escaping or hiding, only as a last resort when your life is in imminent danger should you make a personal choice to attempt to negotiate with or overpower the assailant(s).

Call 911, if possible, and provide the information listed in the previous guidelines. If the active shooter(s) leaves the area, barricade the room.

9.15 Un-Securing an Area Efforts to rescue people should not be attempted unless it can be accomplished without additional risk to the persons inside a secured area. Consider the safety of the many versus the safety of a few. Always consider risks before un-securing rooms. If you are in a secured room, do not put yourself and those with you at risk by trying to help others outside of your secured area. Remember, an active shooter will usually not stop until he/she is engaged by an outside force or commits suicide. If you are in a secured room, do not open the door if you hear a familiar voice of your colleagues. The shooter may be forcing or using an employee to gain access to a secured location. No matter how well intentioned, your decision to unsecure a safe location can cause more injuries or casualties. Please do not respond to any familiar voices asking for access unless you are informed by the police or the emergency response crew that it is safe to do so.

9.16 General Law Enforcement Response Law enforcement’s initial concern is to locate, contain, and stop the shooter. Initial responding officers will not begin evacuation or treatment of the injured until the threat is neutralized. Once the shooter is contained, officers will begin treatment and evacuation.

152

Employee Handbook 2018 - 2020 | Long Island Business Institute

9.17 Evacuation Involving an Active Shooter Safety corridors will be established. This may be time consuming. Be patient. Remain in secure areas until instructed otherwise. The entire area will be treated as a crime scene. After evacuation, you may be taken to a holding area for medical care, interviewing, counseling, etc. Remember, although it will be natural for you to panic and react emotionally, remaining calm and thinking clearly will help you make better decisions regarding your safety and the safety of those around you.

9.18 Safely Dealing With a Disruptive Individual A disruptive individual is someone who:

• Makes threats of physical harm to you, others, or themselves; • Has a weapon; • Exhibits unstable behavior patterns; • Appears to be intoxicated or under the influence of a controlled substance. If you come in contact with a disruptive individual:

• Do not stand too close to the individual; • Do not touch the person; • Do not slouch (shows lack of confidence or fear), glare, or sigh at the individual. Try to:

• Speak clearly and distinctly; • Maintain a constant voice volume that is not too loud; • Make eye contact; • Get the person’s attention by using their name, if you know it. • Acknowledge their feelings. Paraphrase what they say so they will know you are listening; • Offer assistance. Use the word “we” to include the person in the solution process; • Tell them exactly what you can do for them and when; • Offer an alternative if appropriate; • Advise appropriate staff members of the potential problem, if possible; Call for assistance immediately if you sense the situation is intensifying.

9.19 How to Respond to a Bomb Threat Received Via Telephone No bomb threat should be dismissed as a hoax without notifying the proper campus administrators. At the Flushing Campus and LIBI NYC at least one of the following administrators should be notified: the College President, Director of Operations and Institutional Effectiveness, or the Provost. At the Commack campus please notify the Assistant Campus Director or call the Director of Operations and Institutional Effectiveness at the Flushing Campus immediately upon ending the phone call. Rule Number One - Be Calm The first rule is to be calm and courteous. Just listen, do not interrupt the caller.

• Note the exact time of the call; • Write down the caller’s exact words; • If your telephone has caller ID, write down the caller’s phone number and any other information displayed.

Long Island Business Institute | Employee Handbook 2018 - 2020

153

The objective is to keep the caller on the line as long as possible to gather as much information as you can. Try not to anger the caller at any time. What to Ask the Caller:

• When will the bomb explode? • Where is the bomb? • What will cause the bomb to explode? • What does the bomb look like? • What kind of bomb is it? • Did you place the bomb? • Why did you place the bomb? • What is your name and address? While you are speaking with the caller, write down descriptive details and impressions:

• Was the caller male or female? • What is the caller’s age range? • Did the caller have an accent or distinctive speech pattern? • Did the caller sound like he/she tried to disguise their voice? • What was the caller’s tone of voice and attitude (nervous, calm, angry)? • Did the call sound pre-recorded? • Did you hear background voices or noises that could identify the caller’s street noise, train announcements, quiet or “staged”)?

154

location (i.e.

Employee Handbook 2018 - 2020 | Long Island Business Institute

10. ENDING EMPLOYMENT 10.1 Severance Pay Generally, LIBI does not pay severance to terminated employees whether they resign, are laid off, or are terminated for any reason. However, we reserve the right to pay severance to a terminated employee. Decisions about severance pay will be made on a case-by-case basis and are entirely within the discretion of the President of the College. No employee has a right to severance pay and should not expect to receive it. Employees may be eligible for severance pay upon the termination of their employment. Employees must meet all of the following criteria to be eligible:

• At least one year of full-time service prior to termination must be completed; • The termination is involuntary (not a resignation); • Misconduct or violation of LIBI rules was not the reason for termination. 10.2 Continuing Your Health Insurance Coverage LIBI offers employees group health insurance coverage as a benefit of employment. If you are no longer eligible for insurance coverage because of a reduction in hours, because you resigned, or because you are terminated you have the right to continue your health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). You will have to pay the cost of this coverage. For more details about COBRA please contact the Payroll Department or speak to the Fiscal Manager, the Provost, the Assistant Campus Director (Commack), or the Director of Operations and Institutional Effectiveness.

10.3 Exit Interviews We will make every effort to hold an exit interview with every employee who leaves LIBI for any reason. During the interview, you will have the opportunity to tell us about your employment experience here - what you liked, what you did not like, and where you think we can improve. We greatly value these comments. The exit interview also gives us a chance to handle some practical matters relating to the end of your employment. You will be expected to return all College property at the interview. You will also have an opportunity to ask any questions you might have about insurance, benefits, final paychecks, references, or any other matter relating to your employment. The exit interview will be conducted by one of the Deans, the Provost, the Assistant Campus Director (Commack), or the Director of Operations and Institutional Effectiveness.

10.4 References When we are contacted by prospective employers seeking information about former employees, we will only release the following data: the position(s) the employee held, the dates the employee worked for LIBI, and the employee’s salary or rate of pay. If you would like us to give a more detailed reference, you will have to provide us with a written release - a consent form giving us your permission to respond to a reference request. Please direct all reference requests to the Director of Operations and Institutional Effectiveness if you work at the Flushing Campus or at LIBI NYC. Those employed at the Commack Campus should direct their request for reference to the Assistant Campus Director.

10.5 Return of School Property When your employment with LIBI ends, we expect you to return LIBI’s property in clean and working condition. This includes all manuals and guides, documents, phones, computers, equipment, and keys. We reserve the right to take any lawful action to recover and protect our property. Long Island Business Institute | Employee Handbook 2018 - 2020

155

APPENDIX

FLUSHING

MANHATTAN

COMMACK

SEXUAL HARASSMENT IN THE WORKPLACE Submit to: All Employees

SEXUAL HARASSMENT IN THE WORKPLACE SEXUAL HARASSMENT DEFINED Sexual harassment is a form of gender-based discrimination. It involves unwelcome sexual conduct that: • Is used as the basis for hiring or other employment decisions, such as promotions, raises or job assignments; or • Creates an intimidating, hostile or offensive work environment. The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client or customer. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision. Sexual harassment may be verbal, visual and/or physical, including: • Sexually offensive remarks or jokes; • Unwanted touching or groping; • Coerced sex acts; • Requests for sexual favors of a sexually suggestive nature (e.g., asking employee to dig coins out of a supervisor’s pants pocket); • Displaying pornographic images; • Comments (either complimentary or derogatory) about a person’s gender or sexual preferences; • Sexual gestures (e.g., pantomiming sex acts). Sexual harassment is prohibited by Title VII of the 1964 federal Civil Rights Act, New York State Human Rights Law and, in some instances, local law (for example, the New York City Administrative Code).

WOMEN, MEN AND THIRD PARTIES ARE PROTECTED The law protects both men and women, and also covers incidents in which the harasser and the victim are of the same sex, regardless of sexual orientation. Third parties may complain when one or more of the following occurs: (1) submission to sexual demands is a general condition of employment; (2) harassment directed at others adversely affects the third party’s work environment; or (3) offensive sexual conduct, even if consensual between the parties involved, is creating a hostile work environment for the third party.

FILING COMPLAINTS Follow Employer Procedures First You should first contact the person or office who may have been designated by your employer to receive such complaints.

Consult an Attorney Beyond reporting harassment to your employer, there is no one right answer about how to proceed. It is advisable to consult an attorney who can explain all of the available options. Note that there are deadlines for filing a complaint under each of the laws prohibiting sexual harassment. Ask the agencies listed about specific procedures and time limits that apply. You will find contact information for all the agencies on the back of this brochure.

New York State Office of the Attorney General (OAG) Civil Rights Bureau The Civil Rights Bureau determines whether your experiences are evidence of a pattern, practice or policy of sexual harassment affecting a significant number of people. The Bureau may then commence an investigation and/or initiate legal action against the employer. NOTE: The Attorney General represents the People of the State of New York, not the individual making a complaint. Filing a complaint with the OAG is not a substitute for bringing a case in court, and it does not affect any of the filing deadlines or other administrative prerequisites for filing a case in court or with other government agencies. If you believe that you have been a victim of sexual harassment, you may contact the Bureau at: Civil Rights Bureau, New York State Attorney General’s Office, 120 Broadway, New York, NY 10271; or at (212) 416-8250 or (800) 771-7755; or at civil.rights@ag.ny.gov.

NYS Division of Human Rights (SDHR) and New York City Commission on Human Rights (NYCCHR) If an employer has more than 4 employees, complaints may be filed with the SDHR office located within the city or county in which you work. In NYC, complaints may alternatively be filed with the NYC Commission on Human Rights. These agencies can investigate complaints and conduct hearings before an administrative judge.

U.S. Equal Employment Opportunity Commission (EEOC) This federal agency handles complaints of discrimination in the workplace. The EEOC investigates sexual harassment charges against employers with more than 15 employees.

Filing a Lawsuit in State or Federal Court You may also have the right to file a lawsuit against your employer in either state or federal court. Filing in federal court requires that you first file a complaint with the EEOC before bringing a lawsuit. No such requirement applies in state court.

PROTECTIONS AGAINST RETALIATION Retaliation for making a complaint about sexual harassment is prohibited by law. If this occurs, you may have a separate claim of retaliation in addition to any claim of sexual harassment. Retaliation occurs when the terms and conditions of one’s work are unfavorably changed as a result of one’s reporting sexual harassment or cooperating with the investigation of a sexual harassment complaint or lawsuit. If you believe you have suffered retaliation, you should consult with an attorney and inquire with the agencies listed above as to the specific time limits and procedures that apply.

SEXUAL HARASSMENT OUTSIDE THE WORKPLACE Sexual harassment can occur in contexts other than the workplace: in housing, school or other public accommodations. If you feel that you have been sexually harassed by, for example, a landlord, teacher or service provider you should consult with an attorney who can explain all the available options.

SOMETIMES THE HARASSMENT IS CRIMINAL If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. If you believe you have been the victim of a crime you should file a report at your local police department. However, the conduct need not be criminal in nature to constitute unlawful gender-based discrimination.

RESOURCES Office of the NYS Attorney General Civil Rights Bureau 120 Broadway, New York, NY 10271 (212) 416-8250 civil.rights@ag.ny.gov U.S. Equal Employment Opportunity Commission 1-800-669-4000 1-800-669-6820 (TTY) info@eeoc.gov eeoc.gov NYS Division of Human Rights http://www.dhr.ny.gov 1-888-392-3644 NYC Commission on Human Rights (NYCCHR) 311 or 212-306-7450 http://www.nyc.gov/html/cchr/

If You Need Support Being sexually harassed can be a traumatic experience. Places to find support include: • NOW NYC Helpline: (212) 627-9895 • Legal Momentum Equality Works Program: (212) 925-6635 • Equal Rights Advocates: (800) 839-4372 • Safe Horizon Crime Victim’s Hotline: (866) 689-HELP (4357) or Rape & Sexual Assault Hotline: (212) 227-3000

FLUSHING

MANHATTAN

COMMACK

ARTICLE 23-A / NEW YORK CORRECTION LAW Submit to: Personnel File / Employment Applications

ARTICLE 23-A / NEW YORK CORRECTION LAW LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES

§750. Definitions. For the purposes of this article, the following terms shall have the following meanings:

(1) “Public agency” means the state or any local subdivision thereof, or any state or local department, agency, board or commission.

(2) “Private employer” means any person, company, corporation, labor organization or association which employs ten or more persons.

(3) “Direct relationship” means that the nature of criminal conduct for which the person was convicted

has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question. (4) “License” means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that “license” shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (5) “Employment” means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that “employment” shall not, for the purposes of this article, include membership in any law enforcement agency.

§751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.

§752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual’s having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of “good moral character” when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless:

(1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or

(2) The issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

ARTICLE 23-A / NEW YORK CORRECTION LAW (page 2)

ยง753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:

(a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. 2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.

New York State Department of Labor

Division of Labor Standards

Deductions from Wages Section 193 of the New York State Labor Law

ยง 193. Deductions from wages. * 1. No employer shall make any deduction from the wages of an employee, except deductions which: a) are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency including regulations promulgated under paragraph c and paragraph d of this subdivision; or b) are expressly authorized in writing by the employee and are for the benefit of the employee, provided that such authorization is voluntary and only given following receipt by the employee of written notice of all terms and conditions of the payment and/or its benefits and the details of the manner in which deductions will be made. Whenever there is a substantial change in the terms or conditions of the payment, including but not limited to, any change in the amount of the deduction, or a substantial change in the benefits of the deduction or the details in the manner in which deductions shall be made, the employer shall, as soon as practicable, but in each case before any increased deduction is made on the employee's behalf, notify the employee prior to the implementation of the change. Such authorization shall be kept on file on the employer's premises for the period during which the employee is employed by the employer and for six years after such employment ends. Notwithstanding the foregoing, employee authorization for deductions under this section may also be provided to the employer pursuant to the terms of a collective bargaining agreement. Such authorized deductions shall be limited to payments for: (i) insurance premiums and prepaid legal plans; (ii)

pension or health and welfare benefits;

(iii) contributions to a bona fide charitable organization; (iv) purchases made at events sponsored by a bona fide charitable organization affiliated with the employer where at least twenty percent of the profits from such event are being contributed to a bona fide charitable organization; (v)

United States bonds;

(vi) dues or assessments to a labor organization; (vii) discounted parking or discounted passes, tokens, fare cards, vouchers, or other items that entitle the employee to use mass transit; (viii) fitness center, health club, and/or gym membership dues; (ix)

cafeteria and vending machine purchases made at the employer's place of business and purchases made at gift shops operated by the employer, where the employer is a hospital, college, or university;

(x)

pharmacy purchases made at the employer's place of business;

(xi)

tuition, room, board, and fees for pre-school, nursery, primary, secondary, and/or postsecondary educational institutions;

(xii) day care, before-school and after-school care expenses; (xiii) payments for housing provided at no more than market rates by non-profit hospitals or affiliates thereof; and (xiv) similar payments for the benefit of the employee.

c) are related to recovery of an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer. In making such recoveries, the employer shall comply with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the size of overpayments that may be covered by this section; the timing, frequency, duration, and method of such recovery; limitations on the periodic amount of such recovery; a requirement that notice be provided to the employee prior to the commencement of such recovery; a requirement that the employer implement a procedure for disputing the amount of such overpayment or seeking to delay commencement of such recovery; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the overpayment or seeking to delay commencement of such recovery be provided to the employee prior to the commencement of such recovery. d) repayment of advances of salary or wages made by the employer to the employee. Deductions to cover such repayments shall be made in accordance with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the timing, frequency, duration, and method of such repayment; limitations on the periodic amount of such repayment; a requirement that notice be provided to the employee prior to the commencement of such repayment; a requirement that the employer implement a procedure for disputing the amount of such repayment or seeking to delay commencement of such repayment; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the repayment or seeking to delay commencement of such repayment be provided to the employee at the time the loan is made. * NB Effective until November 6, 2015 * 1. No employer shall make any deduction from the wages of an employee, except deductions which: a)

are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or

are expressly authorized in writing by the employee and are for the benefit of the employee; provided that such authorization is kept on file on the employer's premises. Such authorized deductions shall be limited to payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee. * NB Effective November 6, 2015

* 2. Deductions made in conjunction with an employer sponsored pre-tax contribution plan approved by the IRS or other local taxing authority, including those falling within one or more of the categories set forth in paragraph b of subdivision one of this section, shall be considered to have been made in accordance with paragraph a of subdivision one of this section. * NB Effective until November 6, 2015 * 2. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section. * NB Effective November 6, 2015 * 3. a. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section or is permitted or required under any provision of a current collective bargaining agreement. b. Notwithstanding the existence of employee authorization to make deductions in accordance with subparagraphs (iv), (ix), and (x) of paragraph b of subdivision one of this section and deductions determined by the commissioner to be similar to such deductions in accordance with subparagraph (xiv) of paragraph b of subdivision one of this section, the total aggregate amount of such deductions for each pay period shall be subject to the following limitations: (i) such aggregate amount shall not exceed

a maximum aggregate limit established by the employer for each pay period; (ii) such aggregate amount shall not exceed a maximum aggregate limit established by the employee, which limit may be for any amount (in ten dollar increments) up to the maximum amount established by the employer under subparagraph (i) of this paragraph; (iii) the employer shall not permit any purchases within these categories of deduction by the employee that exceed the aggregate limit established by the employee or, if no limit has been set by the employee, the limit set by the employer; (iv) the employee shall have access within the workplace to current account information detailing individual expenditures within these categories of deduction and a running total of the amount that will be deducted from the employee's pay during the next applicable pay period. Information shall be available in printed form or capable of being printed should the employee wish to obtain a listing. No employee may be charged any fee, directly or indirectly, for access to, or printing of, such account information. c. With the exception of wage deductions required or authorized in a current existing collective bargaining agreement, an employee's authorization for any and all wage deductions may be revoked in writing at any time. The employer must cease the wage deduction for which the employee has revoked authorization as soon as practicable, and, in no event more than four pay periods or eight weeks after the authorization has been withdrawn, whichever is sooner. * NB Effective until November 6, 2015 * 3. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, nor with any other law applicable to deductions from wages. * NB Effective November 6, 2015 * 4. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, with section two hundred twenty-one of this chapter relating to company stores or with any other law applicable to deductions from wages. * NB Effective until November 6, 2015

For more information, call or write the nearest office of the Division of Labor Standards: Albany District

State Office Campus Bldg. 12, Rm. 185A Albany, NY 12240 (518) 457-2730

Buffalo District

65 Court St., Rm. 202 Buffalo, NY 14202 (716) 847-7141

Binghamton District

New York City District

Sub-District 44 Hawley St., Rm. 909 Binghamton, NY 13901 (607) 721-8014

Rochester

75 Varick St., 7th Floor New York, NY 10013 (212) 775-3880

Sub-District 109 S. Union St., Rm. 318 Rochester, NY 14607 (585) 258-4550

Syracuse District

333 E. Washington St., Rm. 121 Syracuse, NY 13202 (315) 428-4057

www.labor.ny.gov

LS 605 (12/12)

Garden City

400 Oak St., Suite 101 Garden City, NY 11530 (516) 794-8195

White Plains District

120 Bloomingdale Rd. White Plains, NY 10605 (914) 997-9521

FLUSHING

MANHATTAN

COMMACK

NYC'S COMMUTER BENEFIT LAW

NYC’S COMMUTER BENEFITS LAW In accordance with NYC’s Commuter Benefits Law, LIBI provides commuter benefits to eligible full-time employees. The law mandates that for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to pay for their commute. Under federal tax law, employees can currently use up to $260 a month of their pre-tax income to pay for qualified transportation. Under the Commuter Benefits Law, a full-time employee is an employee who works an average of 30 hours or more per week in the most recent four weeks, any portion of which was in New York City. Not covered by this law are:

• • • • •

Employees who work less than an average of 30 hours per week in a four-week period. Full-time employees who are New York City residents but work outside of New York City. Full-time employees who are covered by a collective bargaining agreement. Independent contractors. Former employees.

Transit Covered by this law:

• New York City regional mass transit services, including Metropolitan Transportation Authority (MTA) subway and bus; Long Island Rail Road; Amtrak; New Jersey Transit; and Metro-North.

• • • •

Eligible ferry and water taxi services. Eligible vanpool services. Eligible commuter bus services. Access-A-Ride and other area paratransit providers.

Transit NOT covered by this law:

• Parking expenses. • Bicycling expenses, including CitiBikes.[1] Employees should direct their questions regarding Commuter Benefits to the Payroll department or the Director of Operations and Campus Effectiveness.

1 Under federal tax law, employees cannot use pre-tax income for the qualified bicycle commuting reimbursement benefit, and bicycle rental fees are not qualified transportation fringe benefits.

FLUSHING

MANHATTAN

COMMACK

FORM: HR100 - TIME-OFF/CALL OUT/COMP DAY REQUEST Submit to: Direct Supervisor cc: Campus Director

TIME-OFF/CALL OUT / COMP DAY REQUEST Date: ___ / ___ / _____

Employee Full Name:

month

day

year

I. TIME-OFF REQUEST Complete this form at least 2 weeks in advance to request time off. Submit this form to your direct supervisor. He/she will pre-approve and then forward it to the Dean for final approval. Documentation must be provided for extended personal leave. Approval will not be granted unless all documentation is available at time of review. All vacation requests must be approved by the president. Vacation time for faculty is prescheduled. Faculty requests for time off will be reviewed as “P” personal time and approved/denied by the President.

DAY(S) REQUESTED OFF

REASON (X= Full Day / P + # of hours requested off= Partial Day) SICK

Use one cell for consecutive days. Otherwise, list each day separately.

Substitute(s) arranged Approved Denied

PERSONAL

(faculty & staff )

VACATION (staff only)

OTHER

(faculty & staff )

Substitutions paperwork completed and copies attached Conditions for Approval:

II. COMP TIME REQUEST If claiming a comp day please indicate day and/or hours you are claiming. DAY(S) TIME WAS EARNED

OVERTIME HOURS DUE

APPROVED

III. CALL OUT / RETURN TO WORK Complete this form when returning from an unexpected absence. DAY(S) ABSENT

REASON (X= Full Day / P + # of hours requested off= Partial Day)

Use one cell for consecutive days. Otherwise, list each day separately.

Employee Called In: Sufficient Notice: Class(es) Rescheduled:

Y Y Y

N N N

SICK

(faculty & staff )

PERSONAL

(faculty & staff )

OTHER

(faculty & staff )

Called Received by: Substitute(s) arranged: For:

Employee’s Signature President’s Signature Supervisor’s Signature

FORM: HR100 - Updated 06/05/2015

FLUSHING

MANHATTAN

COMMACK

FORM: HR103 - GRIEVANCE/INCIDENT REPORT Submit to: Executive Assistant cc: Dean of Administration

GRIEVANCE/INCIDENT REPORT First Name: MI: Last Name: Report Taken By: Date of Incident: _____ / _____ / _____ month day year Location of Incident: Parties Involved / Witness: Explanation of Event(s) / Issue(s):

Will this require further investigation:

Time of Incident:

____ / ____ / _____ month

Signature

Date

day

year

Recommended Follow-Up by: Title: Notes:

____ / ____ / _____ month

Signature of the School Administrator

Follow-up on: _____ / _____ / _____ month day year Outcome:

Date

day

year

Parties:

____ / ____ / _____ Signature of the School Administrator

month

Date

day

year

FORM: HR103 - Updated 06/05/2015

FLUSHING

MANHATTAN

COMMACK

FORM: HR104 - EXPENSE REIMBURSEMENT Submit to: CIVS Forward to: Accounting

EXPENSE REIMBURSEMENT Employee Full Name: Department:

Date: ___ / ___ / _____ month

day

year

List expenses for reimbursement below. All purchases require prior approval. (Reasons for purchase can include: Development, Traveling Expenses, Supply Purchases, etc.) NOTE: There’s a separate form for Tuition Reimbursement.

DATE OF PURCHASE

ITEM (be specific)

REASON FOR PURCHASE