Overtime and Non-Exempt Employee Pay

Non-exempt employees are those who do not fit within any of the exemptions to the Fair Labor Standards Act. They receive overtime at the rate of one and one-half (1 ½) times the regular rate of pay for hours worked in excess of 40 in any one week, or as required by law. For non-exempt employees who have a 35 hour workweek, hours worked between the regularly scheduled 35 hours and 40 hours will be compensated at straight time rates. Hours over 40 in a workweek will be compensated at time and a half. Paid Time Off and College holidays do not count as hours worked and will not count toward overtime calculations. The College defined work week is 12:00 a.m. Sunday to 11:59 p.m. Saturday.

Any work above non-exempt employee’s scheduled hours must be approved by the employee’s supervisor in advance. Non-exempt employees who work overtime that is not authorized in advance will be paid for all time worked, but may be subject to disciplinary action.

Each non-exempt employee is responsible for his/her own time record keeping, and non-exempt employees must accurately report all hours worked. It is a violation of CCS policy for a non-exempt employee to record more hours than worked or fewer hours than worked. Likewise, it is a violation of CCS policy for anyone to instruct a non-exempt employee to record more or fewer hours than worked. Further, it is a violation of CCS policy to alter or falsify time records. CCS takes such offenses extremely seriously, and even a single violation may result in immediate termination of employment.

Non-exempt employees are entitled to paid rest periods and an unpaid meal period, which will be discussed with the employee’s supervisor. If an employee is not able to take his or her meal or break periods at the usual time on any given day, then they should be taken at a different time. Generally, employees must be completely relieved of all duties during the meal period and free to use the time as they choose. Employees should not be required to perform any work during meal or break periods. However, in the event that an employee does perform work due to business needs that arise during the meal or break period, the employee must be paid for the meal period or, to the extent allowed by law, the meal or break period will be extended. Meal periods must be reported accurately on employee timesheets, including both the start and end times to ensure that employees are properly compensated. Break times are not reported as they are paid.

Tuition Remission

Updated October 2018

After one year of service, employees, their spouses and dependents are eligible for tuition remission up to the equivalent of one full-time enrollment in College undergraduate and graduate programs per year. In addition, full-time employees and their spouses and dependents are eligible for tuition remission toward Precollege and Continuing Studies (PCS) classes. Audited courses do not qualify for tuition remission. Dependents are defined as spouses or children up to age 25, who can legally be claimed on the employee’s annual tax filings with the IRS.

Undergraduate and Graduate Courses

Employees, spouses and dependents will have the class tuition waived but will be responsible to pay for registration and appropriate course fees prior to beginning classes. Failure to make this payment or to sign up for a payment plan, will result in being withdrawn from all classes for the semester. To sign up for a payment plan, please click here.

Precollege and Continuing Studies Courses

For PCS classes, full-time employees, their spouses and dependents are eligible for tuition remission on a space available basis for the fall and winter semesters, as well as adult classes during the summer. Summer semester youth and teen classes will be available to eligible dependents of CCS full-time employees at a discounted tuition rate. Additional materials and various fees must be paid in full, along with the discounted tuition, when registering for the classes. Please contact the PCS office or Human Resources for the current discounted tuition rate.

Free Application for Federal Student Aid (FAFSA) and CCS Scholarships and Grants

Employees, spouses and dependents receiving tuition remission must file the Free Application for Federal Student Aid (FAFSA) by February 1st to determine eligibility for financial aid from the federal and state governments and the student must accept all federal and state scholarships and grants awarded. The FAFSA may be completed at www.fafsa.gov. The CCS Tuition Remission Voucher will cover the remaining eligible tuition after grants from the State of Michigan have been applied to the student’s tuition and mandatory fee charges. Funding from Federal Pell Grants and Federal Direct Stafford Loans may be refunded to the student after all applicable charges have been paid in full.

CCS scholarships and grants are not available if tuition costs are covered in full by tuition remission. If the student is eligible for a partial tuition remission, this amount is compared to the amount they may be eligible for in CCS scholarship and grant funds. The student will receive the higher of the two amounts.

Withdrawals, Dropped Courses, or Failing Grade

Employees, their spouse or dependents will be responsible for the tuition charges/surrender fees for a withdrawn, dropped, or failed course(s).

Employees should contact the Office of Human Resources to determine tuition remission eligibility and to obtain the Tuition Remission Voucher and instructions.

Weapons

Engaging or participating in unauthorized possession or use of explosives, firearms, dangerous weapons, or other hazardous objects or substances on College premises is expressly prohibited. Weapons, explosives, and other hazardous objects or substances covered by this regulation shall include, but not be limited to, the following:

  • all handguns, rifles, and shotguns
  • all longbows, crossbows, and arrows
  • all knives having a blade length of three inches or more that are not solely used for the purpose of creating art or for the preparation and eating of meals
  • all BB guns, pellet guns, air/CO2 guns, blow guns, paint guns, splat balls and altered toy guns
  • all fireworks
  • all explosives, laboratory chemicals, dangerous compounds, gunpowder, firearm ammunition, and flammable petroleum fuels
  • any martial arts weapons, e.g., numb chucks and throwing stars
  • any substance that is considered poisonous
  • any item used as a weapon in the commission of a crime
  • any operative animal trap or other device that is used to ensnare animals.

Alcohol and Other Drug Policy for Students, Faculty and Staff

(updated February 2020)

The College for Creative Studies is committed to providing a safe, healthy learning community for all its members. The College recognizes that the improper and excessive use of alcohol and other drugs may interfere with the College’s mission by negatively affecting the health and safety of students, faculty, and staff. Due to the harm caused by the excessive and illegal use of alcohol and other drugs, the College has a vested interest in establishing policies to prohibit unlawful behavior and sanctions to address policy violations by members of the CCS community.

Under the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act, the College is required to have an alcohol and other drug policy and must distribute this policy annually to all employees and students. This Policy must outline the College’s prevention, education and intervention efforts, and consequences that may be applied by both the College and external authorities for policy violations. The law also requires that individuals be notified of possible health risks associated with the use and abuse of alcohol and other drugs, and sources of assistance for problems that may arise as a result of use.

Scope

This policy applies to all faculty and staff, as well as students enrolled in credit bearing and non-credit bearing courses at CCS, including any and all programs located off site. Guests, on campus or at College events, who are violating a College policy, may be asked to leave campus/the event and their CCS host will be held responsible for their guest’s actions.

Students visiting other countries to attend academic programs are reminded that they may be subject to arrest and legal sanctions for alcohol and drug offenses under the laws and regulations of that particular country or institution in addition to the judicial process of the College.

Definitions

The following terms are defined for the purposes of this policy and are important for purposes of expressing the College’s policy on a drug and alcohol-free environment:
College refers to the College for Creative Studies.

College activities include programs affiliated with the College, including study-abroad programs, and any on-campus or off-campus event or function conducted, approved, sponsored or funded, in whole or in part, by the College or any officially recognized student organization.

College premises includes all buildings and land owned, leased, or used by the College (including adjacent streets and sidewalks), and motor vehicles operated by employees, including personal motor vehicles, when used in connection with work performed for or on behalf of the College.

Controlled Substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as further defined by regulations at 21 CFR 1300.11 through 1300.15.

Contract means a legal instrument reflecting a relationship between the federal government and a recipient whenever the principal purpose of the instrument is the acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the federal government; or whenever an executive agency determines in a specific instance that the use of a type of procurement contract is appropriate.

Conviction means finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

Criminal drug statute means a federal or non-federal criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance.

Drug For the purpose of this Policy, the term “drug” includes:

  • controlled substances, as defined in 21 USC 812, which cannot be legally obtained
  • legally obtainable controlled substances which were not legally obtained, including:
  • Prescribed drugs when prescription is no longer valid (e.g. use of medication after a course of treatment is completed);
  • Prescribed drugs used contrary to the prescription;
  • Prescribed drugs issued to another person.

Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, or any other establishment in the executive branch, or any independent regulatory agency.

Guest means a person who is not a direct member of the College community, such as a student or employee.

Host means the person who is responsible for a guest being on campus or at a College event.

Illicit drug use means the use, manufacture, sale, distribution, dispensation, or possession of illegal drugs.

Over the Counter Substances means items that are available for purchase from retailers that do not need a prescription.

Prescribed Drug means any substance prescribed for use by a licensed medical practitioner.

Student means an individual registered or enrolled for a credit or non-credit course or program offered by the College.

CCS Alcohol and Drugs Policy

All members of the CCS community also are governed by laws, regulations, and ordinances established by the state and local municipalities and will be held accountable by law enforcement representatives of those entities for any illegal activity. It is the responsibility of all campus members to be aware of these laws.

Alcohol

Employees, students, and campus guests, regardless of age, are expected to refrain from the possession, consumption or transportation of alcoholic beverages while on any part of the campus or at College-sponsored/supported events, while driving a College vehicle or while otherwise engaged in College business. Possession of an empty container of an alcoholic beverage will be dealt with as though the individual responsible for the empty container consumed the contents.

The only exception to this Policy is that individuals of legal age may consume alcohol on College property in a manner consistent with College policy and State of Michigan law within the approved designated area of events coordinated by the President of the College.  To request an exception to this Policy for events not coordinated by the President, approval must be obtained from the employee’s Vice President or Dean with final approval given by the President of the College using the Request for Approval to Serve Alcohol at a CCS Sponsored Event form (see link at the end of this paragraph).  For all College related events involving alcohol, a licensed, third-party bartender must be present to serve the alcohol and the bartender must refrain from using a tip jar.  

Drug/Controlled Substance

Students, CCS employees, and guests are prohibited from using, possessing, transferring or selling any illegal drug, controlled substance, or related paraphernalia, including hookahs, while on any part of the campus or at College-sponsored/supported events.

Any person taking prescription drugs or over-the-counter medication is personally responsible for ensuring that while taking such drugs or medications, he or she is not a safety risk to themselves and others while on College property while driving a College or privately owned vehicle, or while otherwise engaged in College business. It is illegal to misuse prescription medication, i.e. continue to use medication when the prescription is no longer valid, use prescribed drugs contrary to the prescription, and give or sell prescribed drugs to another person. Misusing prescription drugs can result in a conviction with jail time.

CCS Alcohol and Other Drug Prevention Strategies

The College uses the following strategies to provide a positive influence on the campus culture regarding alcohol and drug abuse.

  • Students, employees, and campus guests, regardless of age, are expected to refrain from the possession, consumption or transportation of alcoholic beverages on campus. (see details and exceptions described in the above section)
  • Providing education and awareness activities
  • All student social, extracurricular, and public service options are substance-free
  • Prohibiting the marketing and promotion of alcohol and other drugs
  • Developing and enforcing campus policies and enforce laws to address high-risk and illegal alcohol and other drug use
  • Providing early intervention and referral for treatment

Health Risks

The use or abuse of alcohol and other drugs increases the risk for a number of health-related and other medical, behavioral and social problems. Below is a general description of the health risks associated with drug use.

ALCOHOL Can cause short-term effects such as loss of concentration and judgment; slowed reflexes; disorientation leading to higher risk of accidents and problem behavior; long-term effects include a risk of liver and heart damage, malnutrition, cancer and other illnesses; can be highly addictive to some persons.

AMPHETAMINES Can cause short-term effects such as rushed, careless behavior and pushing beyond your physical capacity, leading to exhaustion; tolerance increases rapidly; long-term effects include physical and psychological dependence and withdrawal can result in depression and suicide; continued high doses can cause heart problems, infections, malnutrition, and death.

CANNABIS Can cause short-term effects such as slow reflexes; increase in forgetfulness; alters the judgment of space and distance; aggravate pre-existing heart and/or mental health problems; long-term health effects include permanent damage to lungs, reproductive organs and brain function; can interfere with physical, psychological, social development of young users.

COCAINE (crack) Can cause short-term effects such as impaired judgment; increased breathing, heart rate, heart palpitations; anxiety, restlessness, hostility, paranoia, confusion; long-term effects may include damage to respiratory and immune systems; malnutrition, seizures, and loss of brain function; highly addictive.

DESIGNER DRUGS/SYNTHETIC CANNABINOIDS (bath salts, K2, spice) Can cause short-term effects such as elevated heart rate, blood pressure and chest pain; hallucinations, seizures, violent behavior and paranoia; may lead to lack of appetite, vomiting and tremor; long-term use may result in kidney/liver failure, increased risk of suicide and death.

HALLUCINOGENS (PCP, LSD, ecstasy, dextromethorphan) Can cause extreme distortions of what is seen and heard; induces sudden changes in behavior, loss of concentration and memory; increases risk of birth defects in user’s children; overdose can cause psychosis, convulsions, coma, and death. Frequent and long-term use can cause permanent loss of mental function.

INHALANTS (nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons, hydrocarbons) Can cause short-term effects such as nausea, dizziness, fatigue, slurred speech, hallucinations or delusions; may lead to rapid and irregular heart rhythms, heart failure and death; long-term use may result in loss of feeling, hearing, and vision; can result in permanent damage to the brain, heart, lungs, liver and kidneys.

OPIATES/NARCOTICS (heroin, morphine, opium, codeine, oxycodone, china white) Can cause physical and psychological dependence; overdose can cause coma, convulsions, respiratory arrest, and death; long-term use leads to malnutrition, infection, and hepatitis; sharing needles is a leading cause of the spread of HIV and hepatitis; highly addictive, tolerance increases rapidly.

SEDATIVES Can cause reduced reaction time and confusion; overdose can cause coma, respiratory arrest, convulsions, and death; withdrawal can be dangerous; in combination with other controlled substances can quickly cause coma and death; long-term use can produce physical and psychological dependence; tolerance can increase rapidly.

TOBACCO (cigarettes, cigars, chewing tobacco) Can cause diseases of the cardiovascular system, in particular smoking being a major risk factor for a myocardial infarction (heart attack), diseases of the respiratory tract such as Chronic Obstructive Pulmonary Disease (COPD) and emphysema, and cancer, particularly lung cancer and cancers of the larynx and mouth; nicotine is highly addictive.

For an extensive list of health-related risks please visit The National Institute on Drug Abuse: http://www.drugabuse.gov/

Counseling and Treatment Programs

Students

All students are encouraged to seek help early if they feel they have a problem with drugs and/or alcohol and to learn how to assist others with substance abuse problems. With early assistance, it is less likely that serious consequences will result from an alcohol or drug problem.

The College offers the following alcohol and drug abuse services:

Information and Referral
All students are eligible to consult with the professional staff of the Wellness Center; personal counselors and/or health care professional, regarding the availability of drug abuse assistance programs. Drug and alcohol abuse counseling and rehabilitation program referrals are made to mutual help organizations, private hospitals, public treatment programs, and private drug treatment practitioners.

Individual Counseling
Individuals are seen on a short-term basis for assistance with drug-related problems. However, it is likely that students will be referred out for alcohol and drug dependence. This service is available to students at no charge.

Contact Information
Personal Counseling – 313-664-7852 or 313-664-7838
College Nurse – 313-664-7982

Employees

Alcohol and drug abuse rehabilitation and assistance programs are available through the College’s health benefits program and Ulliance (employee assistance program) with both in-patient and out-patient programs. Employees with alcohol or drug abuse problems are strongly encouraged to participate in these programs. Employees may contact the Office of Human Resources to seek counseling assistance and/or referral to an appropriate outside agency. All communications between employees and CCS or outside agencies are strictly confidential.

Contact Information
Human Resources – 313-664-7652
Ulliance (Employee Assistance Program) – 888-333-6269
Blue Cross Blue Shield of Michigan – 800-637-2227
Blue Care Network – 800-662-6667

Community Resources

Narcotics Anonymous – www.na.org

Alcoholics Anonymous – www.aa.org

Al-anon – www.al-anon.alateen.org
For friends, relatives and domestic partners who are coping with a loved one’s alcohol or drug use.

Drug Free Detroit – www.drugfreedetroit.org

CCS Sanctions

The use or abuse of alcohol and other drugs also increases the risks for behavioral and social problems such as negative effects on academic work performance; conflicts with co-workers, classmates, family, friends and others; conduct problems resulting in disciplinary action, including loss of employment or dismissal from an academic program; and legal problems resulting in ticketing, fines and imprisonment.

Students

When a student is found responsible for violating the CCS Alcohol and Other Drug Policy, their case will be evaluated and an appropriate sanction will be implemented.

The sanctions described are minimum sanctions and do not limit the disciplinary power of the College in any matter involving Code of Conduct violations.

A Warning is a written notification that a particular action is not acceptable.

Disciplinary Probation is a formal written notice that a student is in poor judicial standing with the College.

Loss of College Housing Eligibility (if applicable) is the termination of a student’s admissibility to live in College housing.

Suspension is the termination of an individual’s status as a student, with the loss of all rights and privileges, for a specific time period.

Dismissal is the permanent termination of an individual’s status as a student, with the loss of all rights and privileges.

Community Service Hours is a required number of hours to be worked in unpaid College or public service within a specific period of time.

Educational Project is a project that is focused on educating the student about a particular issue.

Employees

CCS will take appropriate action, up to and including immediate termination, with employees in violation of this policy. Employees are notified that action under this policy may include requiring successful participation in an alcohol or drug rehabilitation or assistance program as a condition of continued employment.

External Sanctions

Federal Law

Violations of laws and ordinances may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions, which include, but are not limited to, the following:

  • Fines as determined under local, state, or federal laws;
  • Imprisonment, including up to life imprisonment, for possession or trafficking of drugs such as heroin, cocaine, marijuana and prescription drugs;
  • Forfeiture of personal and real property;
  • Denial of federal benefits such as grants, contracts and student loans;
  • Loss of driving privileges;
  • Required attendance at substance abuse education or treatment programs.

A full description of federal sanctions for drug felonies can be found at https://www.dea.gov/drug-policy-information. This section is not intended as legal advice; consult with an attorney regarding your specific legal issues.

Michigan Law

Alcohol: Under Michigan law, it is illegal for anyone under the age of 21 to purchase, consume or possess, or have any bodily content of alcohol. A first-time conviction may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. There also is a provision for possible imprisonment or probation for a second or subsequent offense. Use of false identification by minors in obtaining alcohol is punishable with a fine, loss of driver’s license, probation and community service.

Individuals can be arrested and/or convicted of operating a vehicle while intoxicated with a blood alcohol concentration (BAC) level of .08 or higher. If a student is under 21, there is a “zero tolerance” law in the state of Michigan, and any blood alcohol level of .01 or higher can lead to a minor in possession (MIP) citation as well as being cited for operating a vehicle while intoxicated, if applicable. This is in addition to the suspension of driving privileges in the State of Michigan.

Medical Amnesty: To better ensure that minors at medical risk as a result of alcohol intoxication will receive prompt and appropriate medical attention, the State of Michigan provides for medical amnesty to remove perceived barriers to calling for or seeking help.

Michigan law continues to prohibit a minor from purchasing, consuming, or possessing, or attempting to purchase, consume, or possess, alcoholic liquor and from having any bodily alcohol content. The medical amnesty law provides an exemption from prosecution for the following:

  • A minor (under the age of 21) who, after consuming alcohol, voluntarily presents himself or herself to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Any minor (under the age of 21) who accompanied a minor (under the age of 21) who, after consuming alcohol, voluntarily presented himself or herself to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Any minor (under the age of 21) who initiated contact with law enforcement or emergency medical services personnel for the purpose of obtaining medical assistance in connection with a legitimate health care concern.

Michigan Laws Governing Marijuana: Michigan marijuana laws conflict with federal criminal laws governing controlled substances, as well as federal laws requiring institutions receiving federal funds, by grant or contract, to maintain drug-free campuses and workplaces. CCS receives federal funding that would be in jeopardy if those federal laws did not take precedence over state law. Thus the use, possession or cultivation of marijuana in any form and for any purpose continues to violate the CCS Alcohol and Drug Policy and is prohibited.

State of Michigan Legal Sanctions for Illegal Use, Possession and/or Delivery of Controlled Substances

(Act No. 368 of the Public Acts of 1978)

State of Michigan Sanctions for Violation of Drug Laws Narcotic Drug and Cocaine:

Delivery and Possession – Felony, Mandatory 10 years to life.

Use less than 50 grams – Misdemeanor, up to 1 year and/or $2,000 fine.

Hallucinogens:

Delivery – Felony, up to 7 years and/or $5,000 fine.

Possession – Misdemeanor, up to 1 year and/or $1,000 fine.

Use – Misdemeanor, up to 6 months and/or $100 fine.

Marijuana:

Delivery – Felony, up to 4 years and/or $2,000 fine.

Possession – Misdemeanor, up to 1 year and/or $1,000 fine.

Use – Misdemeanor, up to 90 days and/or $100 fine.

Other Controlled Substances:

Delivery – Felony, up to 7 years and/or $1,000 – $5,000 fine.

Possession – Misdemeanor or felony, up to 2 years and/or $1,000 – $2,000 fine.

Use – Misdemeanor, up to 1 year and/or $100 – $1,000 fine.

State of Michigan Sanctions for Violation of Alcohol Laws Sale to Minors:

Misdemeanor, 90 days and/or $100 fine.

Minor Possessing or Transporting in Motor Vehicle:

Misdemeanor, 90 days and/or $100 fine.

Furnishing Fraudulent ID to Minor/Use of Fraudulent ID by Minor:

Misdemeanor, 90 days and/or $100 fine.

Consumption on/in Public Highways, Parks or Places of Amusement:

Misdemeanor, 90 days and/or $100 fine.

Open Alcohol in Vehicles on Highways:

Misdemeanor, 90 days and/or $100 fine.

Purchase, Possession or Consumption by Minor:

(Civil Citation) : First violation not more than $25.00; Second violation not more than $50.00 (or participate in a substance abuse program) ; Third and subsequent violation not more than $100.00 (or participate in a substance abuse program) .

Selling Without a License:

Misdemeanor, 1 year and/or $1,000 fine.

Selling or Furnishing Alcohol to a Minor:

Misdemeanor, 90 days and/or $100 fine.

State of Michigan Sanctions for Drinking/Driving Offenses Operating a Motor Vehicle with Ability Impaired: (depends on number of offenses)

Operating a Motor Vehicle Under the Influence of Intoxicating Liquor:

Operating a motor vehicle with unlawful blood alcohol level of 0.10 grams or more per 100 milliliters of blood: Up to $1,000 fine, up to 1 year in jail, 10 to 90 days community service, license suspended for 90 days to 2 years or 5 years of a revoked license. If death caused, the offense becomes a felony.

Employee Reporting Requirement

Under the Drug-Free Workplace Act, in addition to the other requirements of this Policy, the College requires all employees who work in any capacity under a federal grant or contract to notify his or her supervisor or department head in writing of his or her conviction for a violation of any criminal drug statute occurring in the workplace or on work-related activities no later than five (5) calendar days after such conviction. The supervisor or department head will notify the Office of Human Resources.

Distribution of Policy

A copy of this Policy statement will be distributed to all faculty, staff and students annually via email at the beginning of fall semester.

Review of the College’s Prevention Program and Policy

Annually, the College shall review its Alcohol and Other Drug Policy and prevention strategies to determine effectiveness and to ensure that the College’s disciplinary sanctions are consistently enforced. This annual review will be conducted in May and the minutes from the review are available to students and employees upon request.

For More Information

For more information concerning this Policy, employees should contact the Office of Human Resources at 313-664-7652 and students should contact the Office of Student Affairs at 313-664-7879.

Paid Time Off

Eligibility

Full-time and part-time employees who work at least ten hours per week are eligible to accrue Paid Time Off (PTO) according to the schedule below. PTO must be scheduled and approved in advance by the employee’s supervisor, except for last minute illnesses, injury or emergencies. Part-time staff that work less than 10 hours per week and temporary employees or contractors are not eligible for PTO.

Accruals

PTO is accrued at the following rates for full-time employees:

Employee TypeCalendar years
beginning prior to
completion of 5
years of full-time
status
Calendar years
beginning after
completion of 5 years of
full-time status
Full Time 12 Month Employee24 days per year31 days per year
Full Time 10 Month Employee20 days per year26 days per year
Full Time 9 Month Employee18 days per year24 days per year

Part-Time employees accrue 1 PTO day for every month worked. For example, a part-time 12 month employee will accrue 12 workdays per year and a part-time 9 month employee will accrue 9 workdays per year. Exceptions apply for part-time employees that work intermittently.

New Hires During First Partial Calendar Year of Employment

At the time of hire, employees will have zero hours of PTO in their PTO bank, and they will begin accruing hours in every paycheck.  They may use it as soon as it as soon as it is deposited into their bank, but they cannot use more PTO than they will accrue in a year.

Existing Employees

On the first and each subsequent January 1 after hire, employees will have their PTO entitlement for the entire upcoming calendar year deposited into their PTO bank and available for immediate use.  Although it will be available for immediate use, it will be earned on a pro-rated basis each paycheck.

For example, a 12-month employee who has worked for CCS less than five years will have 24 days of PTO depositing into their PTO bank on January 1.  The employee can begin using this immediately, even before it is earned.  On February 1, the employee will have earned two days of PTO; on March 1, the employee will have earned another two days of PTO, etc.  Except in the first partial year of employment, employees are permitted to take more PTO than they have earned at the time they take the PTO only in an emergency situation, as approved by the Director of HR.  An employee who does so will be considered to have a “negative PTO balance.”

PTO will be prorated accordingly when an employee is hired or terminates mid-month. When hired on or before or terminated on or after the 15th of the month, a full month’s accrual will be credited. If hired after the 15th of the month or terminated before the 15th of the month, no PTO will be accrued for the month. An employee may carryover a maximum of 1 year of PTO into the new calendar year. Excess PTO that is not taken and cannot be carried over will be forfeited.

Using PTO

Employees should follow their department procedures when requesting time off. Non-exempt employees may take PTO in increments as small as 1 hour. Exempt employees may take PTO in increments as small as one-half day. All PTO is to be used before time is taken without pay. If an employee has a negative PTO balance at the end of the year due to borrowing from the following year, the negative balance will be pulled from the PTO the employee receives in their bank as of January 1.  An employee’s PTO balance may not be more than two weeks in the negative.

Please note that even if an employee has PTO available, excessive use of unscheduled time off is disruptive and may lead to disciplinary action.  See Attendance and Timeliness policy. CCS’s PTO policy is intended to and will be interpreted to comply with the provisions of Michigan’s Paid Medical Leave Act.

PTO in Conjunction with STD and Worker’s Compensation

  1. A six working days waiting period is required before short term disability begins to pay any benefits. Employees are required to use their PTO during the six day waiting period. Employees will not accrue PTO while on Short Term Disability, but they will accrue PTO during the six working day waiting period when PTO is used. If the six working days waiting period when PTO is used ends on or after the 15th of the month, PTO will be accrued for that month. If the six working days waiting period when PTO is used ends before the 15th of the month, PTO will not be accrued for the month.  An employee cannot use PTO to bring their pay up to 100% if they are receiving less than 100% of their pay through the Short-Term Disability program.
  2. An employee receiving benefits under workers’ compensation will not be paid from both PTO and workers’ compensation for the same hours. However, an employee can supplement workers’ compensation pay with PTO to meet their full salary.

Payout of PTO

Payment of earned, unused PTO time will be made at the employee’s regular rate of pay when employment terminates. If a negative PTO balance exists at the time of termination, the employee’s last pay will be reduced by this amount (subject to compliance with applicable state law).

Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX)

(updated August 11, 2020)

I. Policy Statement

The College for Creative Studies subscribes to the principle of equal opportunity in its employment, admissions, and educational programs and activities and strives to provide an educational environment and workplace free from unlawful harassment or discrimination. The College is committed to an inclusive community that respects and values all its members, including students, faculty, and staff. This Policy on Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX) (“Policy”) prohibits discrimination, including harassment, because of age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law. This prohibition includes discrimination and harassment based on the perception of an individual’s protected status, even if that perception is incorrect. It also prohibits misconduct related to protected status discrimination and harassment specifically, domestic violence, dating violence, and stalking. The Policy applies to the administration of employment and educational policies, practices, programs, and activities.

The Policy also prohibits retaliation against an individual: (1) who files a complaint or report of discrimination, harassment, or related misconduct; (2) against whom a complaint is filed; (3) who participates in the reporting, investigation, or adjudication of possible violations of this Policy; or (4) who engages in good faith opposition to what the individual reasonably believes to be discrimination, harassment, or related misconduct under this Policy. The Policy should be read in a way consistent with all applicable federal and state laws addressing discrimination, harassment, and related misconduct.

This Policy specifically prohibits sexual misconduct, including sexual assault, sexual harassment, gender- based harassment, sexual exploitation, stalking, domestic violence, and dating violence. In some cases, this conduct is also prohibited by or included in Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or the Violence Against Women Reauthorization Act of 2013. Sexual misconduct represents a serious breach of the College’s commitment to fostering a positive educational and working environment. An individual who violates this Policy may also be subject to criminal prosecution and civil litigation in addition to College disciplinary procedures. As described in the annual security report (see “Sexual Assault/Dating Violence Awareness and Prevention Programs”), with the intent of ending sexual misconduct, the College conducts primary prevention and awareness programs for all incoming students and new employees and ongoing prevention and awareness campaigns for students and employees.

The Office for Institutional Equity and Inclusion is responsible for administering this Policy and its implementing procedures. The Title IX Coordinator is the College’s designated Coordinator for Title IX of the Education Amendments of 1972; the Dean of Students is the Coordinator for Section 504 of the Rehabilitation Act of 1973 for educational matters and for the Age Discrimination Act of 1975; and the Human Resources Director is the Section 504 Coordinator for employment matters.

Deirdre Young
Assistant Dean, Office for Institutional Equity and Inclusion
Taubman Center
313.664.1487
diversity@collegeforcreativestudies.edu or ddyoung@collegeforcreativestudies.edu

Jody Shipper
Title IX Coordinator
Office for Institutional Equity & Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Dan Long
Dean of Students
Yamasaki Building, 2nd Floor
313.664.7675
dlong@collegeforcreativestudies.edu

Raquel Diroff
Director, Human Resources
Yamasaki Building, 2nd Floor
313.664.7651
rdiroff@collegeforcretivestudies.edu

The Policy includes two complaint procedures. The Procedures for Title IX Sexual Misconduct at Appendix A are applicable to sexual harassment, as defined for Title IX purposes; domestic violence; dating violence; and stalking. The Procedures for Discrimination and Harassment Complaints at Appendix B apply to complaints for all conduct prohibited by this Policy except for Title IX sexual misconduct.

II. Scope

All students, faculty, and staff of the College as well as any third parties/visitors, regardless of sexual orientation or gender identity, are subject to this Policy. This Policy applies on campus property, and may apply off campus if the alleged conduct was in connection with a College program or College-recognized program or the conduct may have the effect of creating a hostile environment in the College’s classrooms, studios, workspaces, offices, administrative spaces, or other programs or activities. It also applies to the College’s study abroad programs and to study abroad programs operated by other institutions when the alleged sexual misconduct was committed by a College of Creative Studies student. This Policy prohibits sexual misconduct by visitors or other third parties (i.e., persons who are neither students nor employees of the College) towards members of the College community. Although individuals who are not students or employees of the College are not subject to discipline under the College’s internal processes, the College will take prompt, corrective action to remove the accused from campus facilities while under investigation. The College may also involve the police in the immediate resolution of the situation.

Academic Freedom: This Policy shall be applied in way that is consistent with principles of academic freedom. The College is committed to the free and vigorous discussion of ideas and issues, which the College believes will be protected by this Policy. Academic freedom and the related freedom of expression include, but are not limited to, the civil expressions of ideas – however controversial – in the classroom, residence halls, and other teaching and student living environments.

III. Prohibited Conduct

This Policy prohibits all forms of discrimination and harassment based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law:

Discrimination – a discrete adverse action taken by a College official against an applicant, student, or employee based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.

Harassment – unwelcome verbal, visual, physical, electronic, or other conduct based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law that is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances. A report or complaint may allege conduct meeting this definition by a single individual or a series of acts by a number of individuals (e.g., within a particular office or department) that, when considered together, meets this definition (see definition of “hostile environment” below).

  • Hostile Environment – for purposes of this Policy, a form of harassment (including retaliatory harassment) created by the cumulative effect of such conduct. This includes harassment by a number of individuals, where each individual’s conduct may not be severe, persistent, or pervasive (and therefore warrant disciplinary action) but the cumulative effect of the conduct is; e.g., comments and actions by a number of people in a particular program, office, department, or other organizational unit, with the unit being the respondent.

Sexual Misconduct – an umbrella term used to refer to a range of sex-based conduct prohibited by this Policy, including sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual misconduct includes: sexual assault, sexual harassment (including gender-based harassment, sexual exploitation, and hostile environment based on sex), stalking, domestic violence, and dating violence.

Sexual Harassment – unwelcome gender, sexuality or sexually based verbal, visual, physical, electronic, or other conduct.

  • Sexual harassment under Title IX: The Policy prohibits sexual harassment as defined for Title IX purposes, i.e., conduct by one or more individual respondents that, for each respondent, is sufficiently severe, pervasive, and objectively offensive to effectively deny the complainant equal access to the College’s education program or activity; this includes sexual assault, dating violence, domestic violence, and stalking.
  • Sexual harassment under the Policy: The Policy also prohibits sexual harassment that does not meet the Title IX definition but that is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances. This can take the form of conduct by one or more individual respondents that, for each respondent, meets this definition or it can take the form of a cumulative hostile environment.

Gender-Based Harassment- unwelcome verbal, visual, physical, electronic, or other harassment based on sex, sex-stereotyping, gender identity, or gender expression, even if those acts do not involve conduct of a sexual nature but otherwise meeting the definition of sexual harassment.

Sexual Exploitation – a form of sexual harassment that involves taking advantage of the sexuality and attractiveness of a person without that person’s consent to make a personal gain or profit for oneself or for others. It is the abuse of a position of vulnerability, differential power, or trust for sexual purposes. (e.g., prostituting another person, recording and/or distributing images of sexual activity without consent, threatening to disclose a person’s sexual orientation).

Sexual Assault – Any physical sexual act directed at another person without that person’s consent, including instances where the person is incapable of giving consent. Sexual assault can occur between individuals of the same or different sexes or genders. This includes the following:

  • Rape: the carnal knowledge of a person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Sodomy: oral or anal sexual intercourse with another person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Sexual assault with an object: to use an object or instrument to unlawfully penetrate however slightly, the genital or anal opening of the body of another person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without their consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental incapacity
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
  • Statutory rape: sexual intercourse with a person who is under the statutory age of consent

Dating Violence – any act of violence or a pattern of abusive behavior committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subject to the conduct. Whether there was such relationship will be gauged by the length, type and frequency of interaction between the person’s involved in the relationship. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence – a felony or misdemeanor crime of violence committed against a current or former spouse or intimate partner; a person with whom the respondent shares a child in common; a person who is cohabitating with or has cohabitated with the respondent as a spouse or intimate partner; a person similarly situated to a spouse of the respondent under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth who is protected from the person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Stalking – a course of conduct (including cyberstalking) on the basis of sex directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress. A “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker uses any method, device, or means to follow, monitor, observe, surveil, threaten, or communicate to or about a person, or interfere with a person’s property. Stalking can take place directly, indirectly, or through third parties. A “reasonable person” means a reasonable person under similar circumstances and with similar identities to the individual subject to the conduct. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Retaliation – an adverse action or other form of negative treatment carried out in response to good-faith reporting of or opposition to discrimination or harassment (including sexual misconduct) or participation in the investigation of a complaint. Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of religion or disability. Retaliation can take the form of a discrete or individual act or ongoing harassing conduct.

IV. Related Definitions

Complainant – the person subjected to alleged sexual misconduct.

Complaint – formal notification, either orally or in writing, of the belief that discrimination, harassment, or retaliation has occurred. Also see the definition of “formal complaint” for Title IX sexual misconduct.

Consent – Consent is an affirmative decision to engage in mutually accepted sexual contact or activity. Consent must be informed, freely given, and mutual. Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent is demonstrated through mutually understandable words and/or actions that indicate a willingness to engage freely in sexual activity. Consent may not be inferred from silence, passivity, lack of verbal or physical resistance, or lack of active response alone. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact. Consent can be withdrawn at any time.

  • Consent does not exist if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that a reasonable person would view as eliminating an individual’s ability to exercise their own free will to choose whether or not to have sexual contact.
  • A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent, and consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.
  • In the state of Michigan, consent cannot be given by minors under the age of 16.
  • A person cannot consent to sexual activity if that person is unable to understand the nature of the activity due to circumstances, including the following:
    • The individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring.
    • The individual has a mental disability that impairs his/her/their ability to provide consent.
    • The individual is incapacitated (beyond mere drunkenness) due to drug or alcohol consumption, either voluntarily or involuntarily.
    • An individual is incapacitated if they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in an act.
    • The perspective of a reasonable person will be the basis for determining whether a respondent knew, or reasonably should have known, whether a complainant was able to freely give consent and whether consent was given. Being intoxicated or incapacitated does not diminish one’s responsibility to obtain consent and will not be an excuse for sexual misconduct.
    • Because faculty members are in positions of authority and influence in regard to students, the Faculty Handbook prohibits intimate relationships between a faculty member and a student, whether or not the student is in the faculty member’s class or department and whether or not the relationship is consensual; intimate relationships are also prohibited between teaching assistants and resident advisors and the students over which they have authority. Similarly, Section 3.2 of the Staff Handbook prohibits intimate relationships between a College official and a staff person under their control, as well as intimate relationships between administrative staff and students. Consensual relationships between a non-supervisory official and a staff person, while not prohibited, must be disclosed to the Human Resources Director so that the Director can take any steps necessary to protect the parties involved and avoid even the appearance of favoritism.
      • In all circumstances in which intimate relationships are prohibited, there is an exception for preexisting relationships. For example, the prohibition would not apply where a faculty member’s spouse or partner enrolls as a student under the College’s tuition assistance program.

Formal Complaint For Title IX purposes, a document filed by a complainant or signed by the Title IX Coordinator under the Procedures for Title IX Sexual Misconduct Complaints in Appendix A alleging sexual misconduct (sexual harassment as defined for Title IX purposes, sexual assault, domestic violence, dating violence, and stalking) against an individual respondent and requesting that the College investigate the allegation(s).

Preponderance of the Evidence – the evidence must show that, more likely than not, the alleged discrimination, harassment, or retaliation occurred.

Respondent – the organizational unit (e.g., office, department, program) or person accused of discrimination, harassment, or retaliation.

V. Retaliation

Individuals who report or oppose what they reasonably and in good faith believe to be prohibited discrimination or harassment (including sexual misconduct), or who participate in the College’s investigation and resolution of a complaint, shall not be subject to retaliation for reporting, opposing, and/or participating, even if the College finds that no prohibited discrimination or harassment occurred. Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of religion or disability. Retaliation can take the form of individual or discrete acts (e.g., denial of a promotion or assignment of a failing grade) or a series of harassing acts that, taken together, are sufficiently serious to create a hostile environment by discouraging or chilling a reasonable person from further reporting, opposition, or participation.

If a complainant or other individual who reports or opposes discrimination or harassment, an individual respondent, a witness, or other individual believes that they are being subjected to retaliation, they should promptly contact the Office for Institutional Equity and Inclusion. Complaints of retaliation shall be addressed under the Procedures for Discrimination and Harassment in Appendix B of this Policy.

VI. Supportive Measures in Harassment and Sexual Misconduct Cases

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to a complainant or an individual respondent in a harassment or sexual misconduct matter. They include measures designed to protect the safety of all parties or the College’s educational environment and to deter further misconduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, transportation modifications, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, disability services, health and mental health, services and other similar measures.

VII. Clery Act Obligations

A. Campus Notification

Once a report of harassment or sexual misconduct is made, the College will take all necessary steps to protect the campus and the person who has allegedly been harassed or assaulted. This may include alerting the campus of crimes that it determines pose a threat to members of the campus community. In making such determinations, the College will consider the safety of students, faculty, and staff as well as the privacy interests of all persons involved in such incidents. Regardless of the action taken by the College, the name of any person involved will not appear on security alerts. To respect the privacy rights and choices of the person reporting sexual misconduct, as well as the rights of a person being accused, the College will consider the wishes of all individuals involved in the incident to determine the level of specific information to include in the campus crime report.

Campus Crime Reporting

In compliance with the Clery Act and the Violence Against Women Reauthorization Act of 2013, all members of the College, excluding confidential sources, notified of sexual misconduct (or certain other possibly criminal acts) are required to inform Campus Safety; and the incident will be included in campus crime statistics. The following information is included: crime, date, location, and status (i.e. student, faculty, staff, stranger, etc.) of the individuals involved in the crime. The College never includes the names of the complainant or the respondent in crime statistics, and the College will not otherwise include personally identifying information about the complainant.

Appendix A
Procedures for Title IX Sexual Misconduct Complaints

These procedures apply to reports and complaints of Title IX sexual misconduct as defined in Section III of the Policy – sexual harassment by one or more individual respondents that, for each respondent, is sufficiently severe, pervasive, and objectively offensive to effectively deny the complainant equal access to the College’s education program or activity, sexual assault, dating violence, domestic violence, and stalking.

I. Rights

Rights of the Complainant

When a student, employee, or third party/visitor reports sexual misconduct to the College, whether the conduct occurred on or off-campus (but see Section II of the Policy, Scope, including for Title IX purposes), the College will provide the student, employee, or third party/visitor a written explanation of their rights and options, including:

  • The right to available supportive measures, including how to request them. The College will provide such measures regardless of whether the complainant chooses to report the alleged conduct to Campus Security or local law enforcement, and regardless of whether they file a formal complaint.
  • The right to appropriate resolution of all credible reports of sexual misconduct, including a prompt, fair, and impartial investigation and hearing, where applicable.
  • The right to request confidentiality and to understand the impact of a request for confidentiality on the complaint resolution process.
  • The right to not be discouraged by College officials from reporting sexual misconduct.
  • The right to notify proper law enforcement authorities, including Campus Safety and local police; to be assisted by College authorities in notifying law enforcement authorities if the complainant so chooses; and to decline to notify such authorities.
  • If a student or employee submits a Personal Protection Order (PPO) to Campus Safety, Campus Safety will notify Wayne State or Detroit Police if the PPO is violated.
  • The right not to be retaliated against for filing a good faith report.
  • The right to know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, sexual misconduct did occur and more likely than not, the respondent committed the act.
  • The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual misconduct within the bounds of what is legally permissible (including by the Family Educational Records Privacy Act).
  • The right to reasonably prompt time frames for completion of the resolution process (generally 90 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for the extension.
  • The right to attend any hearing, including timely notice of hearing date and adequate time for preparation.
  • The right to timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings.
  • The right to not be questioned about or have prior sexual history admitted as evidence, unless offered to prove that someone other than the respondent committed the alleged conduct or if the questions or evidence concern specific incidents of prior sexual behavior with respect to the respondent and are offered to prove consent.
  • The right to appeal the finding and sanction in accordance with these procedures.
  • The right to have an advisor or advocate of the complainant’s choice accompany and assist in throughout the process.
  • The right to an outcome based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome of the hearing and any sanctions.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • The right to be informed of available resources for counseling, advocacy, and support.
  • Assurance that the College will take steps to prevent recurrence of any sexual misconduct found to have occurred and when appropriate, remedy the discriminatory effects on the complainant and any others involved/affected.

Rights of the Respondent

  • The right to available supportive measures and how to request them.
  • The right to appropriate resolution to all credible reports of sexual misconduct, including a prompt, fair, and impartial investigation and hearing, where applicable.
  • A presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the complaint resolution process.
  • The right not to be retaliated against for participating in the complaint resolution process.
  • The right to know the evidentiary standard the College applies during an investigation is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, sexual misconduct did occur and more likely than not, the respondent committed the act.
  • The right to a reasonably prompt time frames for completion of the resolution process (generally 90 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to attend a hearing including timely notice of hearing date and adequate time for preparation.
  • The right to timely and equal access to any information that will be used during informal or formal disciplinary meetings or hearings.
  • The right to have an advisor or advocate accompany and assist throughout the process.
  • The right to an outcome based solely on a preponderance of the reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome of the hearing and any sanctions.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • The right to be informed of available resources for counseling, advocacy, and support.

Disability Accommodations: Parties and witnesses with documented disabilities have a right to reasonable disability-related accommodations needed in order to participate in the complaint resolution process. To request such accommodations, students should contact the Dean of Students and employees and others should contact the Human Resources Director.

II. Reporting

All employees, except those designated as confidential resources, are required to report any incidents of possible sexual misconduct of which they become aware to the Title IX Coordinator by phone, email, or in person. This is so the Title IX Coordinator can contact the individual subjected to the alleged misconduct to offer them supportive measures and inform them of their options regarding reporting to law enforcement and filing a formal complaint under this Policy.

Title IX Coordinator
Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Training provided to the Title IX Coordinator can be found at Title IX Coordinator Training.

Anyone who has been subject to sexual misconduct may choose to pursue criminal prosecution, civil litigation, and/or College disciplinary processes. The College recognizes that a person who has been subject to sexual misconduct retains the right not to pursue either criminal prosecution, civil litigation, or a College resolution proceeding. Choosing not to pursue these courses of action, however, does not remove the responsibility of the College to take action in appropriate circumstances, including offering supportive measures.

The College will keep private the identity of any individual who has made a report or complaint of sex discrimination, been reported to be the perpetrator of sex discrimination, and any witness, except as may be permitted by the Family Education Records Privacy Act and its implementing regulations, as required by law, or to apply this Policy (including in any investigation and hearing). In all cases, to the best of their ability, the Title IX Coordinator will maintain as much privacy as possible for both the complainant and the respondent during the resolution process.

The listed departments are available to help in incidents of sexual misconduct, in conjunction with the Title IX Coordinator:

On Campus Resources for Students

Dean of Students
313.664.7675
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Director of Residence Life
313.664.7678
M-F 8:30 am – 4:30 pm

Director of Academic Advising
313.664.7405
M-F 8:30 am – 4:30 pm

Registrar
313.664.7671
M-F 8:30 am – 4:30 pm

On Campus Resources for Faculty/Staff

Director of Human Resources
313.664.7650
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Dean of Academic Affairs
313.664.1495
M-F 8:30 am – 4:30 pm

Off-Campus Resources for Students and Faculty/Staff

Wayne State Police
313.577.2222
24 Hours

A. Amnesty

When conducting the investigation, the College’s primary focus will be on addressing the sexual misconduct and not on other College Policy violations that may be discovered or disclosed. Fear of conduct or disciplinary violations should not be a deterrent for anyone to report an incident of sexual misconduct. Persons reporting sexual misconduct will be granted amnesty from College disciplinary processes if College alcohol or other non-violent Policy violations are discovered during the course of a sexual misconduct investigation. This same amnesty will be granted to witnesses asked to participate in the complaint resolution process.

B. Timely Reporting & Crisis Assistance

The College supports and encourages anyone who has been subject to sexual misconduct to report the incident to the reporting source of their choice. Prompt reporting may preserve options, including the preservation of physical evidence, crisis counseling, immediate police response. However, anyone can report an incident of sexual misconduct at any time.

Any person who has been sexually assaulted or otherwise subject to sexual violence may go directly to the emergency room of any local hospital for medical attention, evidence collection, and access to follow up care. An individual who has been sexually assaulted is urged to seek medical evaluation as soon as possible. The closest emergency room facilities to campus are:

Detroit Receiving Hospital, 4201 St. Antoine, Detroit MI 48202
Henry Ford Hospital, 2799 W. Grand Blvd, Detroit, MI 48202

C. Medical-Legal Evidence Collection

An individual who has been sexually assaulted is encouraged to request collection of medical-legal evidence. Prompt collection of physical evidence can be helpful should a person later decide to pursue criminal prosecution and/or a civil action, including a protective order.

D. Confidential Reporting Resources

The following resources are available to discuss incidents and issues related to sexual misconduct on a confidential basis. Communications to these resources cannot legally be disclosed without the individual’s consent or in limited circumstances such as when there is an imminent threat or danger to self or others. These resources may report general statistics regarding sexual misconduct but will not disclose any identifying information. A report to these resources will not result in an individual report to the College beyond reporting of such general statistics. However, keep in mind, if an individual reports to these sources and does not report to the College, the College cannot investigate or take any disciplinary action against the respondent.

On-Campus Resources for Students

Wellness Center Staff
313.664.7852
M-F 8:30 am – 4:30 pm

Campus Nurse
313.664.7982
M 9 am – 1 pm
Th 12 pm – 4 pm

Off-Campus Resources for Students

Turning Point
586.463.6990
24 Hour Crisis Hotline

Haven
248.334.1274
24 Hour Crisis Hotline

Wayne County SAFE
313.964.9701
24 Hour Crisis Hotline

Off-Campus Resources for Faculty/Staff

Employee Assistance Program – Ulliance
888.333.6269

Turning Point
586.463.6990
24 Hour Crisis Hotline

Haven
248.334.1274
24 Hour Crisis Hotline

Wayne County SAFE
313.964.9701
24 Hour Crisis Hotline

E. Reporting To Law Enforcement

Individuals who report having been subject to sexual violence to the College will be advised of their right to file (or not file) a report with law enforcement.

When the reporting individual is under the age of 16 (or under 21 and physically or mentally impaired), both the College and any confidential resources will report the incident to social service agencies or police in accordance with applicable law and/or at the discretion of school administration when law does not dictate a report.

A report with law enforcement will not preclude the College from conducting its own resolution pursuant to College policies and procedures.

F. Parental/Legal Guardian/Partner Notification

The College is committed to providing support to anyone involved in an incident of sexual misconduct. In some instances when there is a health or safety concern, or where an individual involved is a minor, the College may (or may be required) to notify the parents, guardian, or partner of the individual(s) involved in the incident. In making this determination, and where the College has discretion, the College will consider the wishes of those involved, as well as their personal safety, and the safety of the campus community.

G. False Reports

Any member of the College community who knowingly files a false report of sexual misconduct or harassment, or who knowingly provides false information to or intentionally misleads College officials who are investigating or hearing a report of alleged discrimination, retaliation, sexual misconduct, or harassment, is subject to disciplinary action, up to and including discharge for employees and dismissal for students.

III. Supportive Measures

When the Title IX Coordinator or any College official with authority to institute corrective measures learns of possible sexual misconduct, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures (with or without the filing of a formal complaint) and explain the process for filing a formal complaint. The Title IX Coordinator will consider the complainant’s wishes as to supportive measures. The Title IX Coordinator will assist all parties in obtaining such measures, and is responsible for coordinating their effective implementation.

Supportive measures are available to both the complainant and the respondent before or after the filing of a complaint with the College or local law enforcement, or if no complaint is filed. Supportive measures may be available even if the alleged conduct does not meet the definitions of sexual misconduct in this Policy. The College will maintain as confidential any supportive measures to the extent that maintaining
such confidentiality would not impair the ability of the College to provide the measures.

In addition to supportive measures offered after the College learns of possible sexual misconduct, the College will provide written notification to the parties about any existing counseling, health, mental health, advocacy, visa and immigration assistance, student financial aid, and other available services, both within the institution and in the community.

The College may remove a student respondent on an emergency basis if the College determines that the respondent poses an immediate threat to the physical health or safety of the complainant or any other student or employee arising from the allegations of sexual harassment. This decision will be made by a team led by the Student Concerns Committee based on an individualized safety and risk analysis, and the respondent will be provided with notice of the decision and an opportunity to challenge the decision by meeting with the Dean of Students immediately following the removal. The Human Resources Director may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

IV. Informal Resolution

After a formal complaint has been filed, the Title IX Coordinator may offer the parties the opportunity to participate in informal resolution through mediation. Mediation is a potential alternative to the formal complaint process if both the respondent and complainant agree. It may be used any time after a formal complaint has been filed but before a determination is made. The parties have the right to end mediation and resume the grievance process at any time prior to agreeing to a resolution. Note that any information disclosed during the mediation process cannot be raised during the investigation or grievance, unless obtained independently from the mediation.

A party interested in mediation should contact the Title IX Coordinator. The Coordinator will provide the parties with written notice disclosing the allegations, the requirements of the informal resolution process, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. Before beginning the mediation process, the parties must provide voluntary, written consent. Mediation cannot be offered to resolve allegations that an employee sexually harassed a student.

Mediation will be facilitated by a trained faculty or administrator. The College will attempt to complete the mediation process within 45 calendar days after the agreement to mediate is signed; this timeframe may be extended for good cause, with written notification provided to the parties of the extension and the reasons for it.

V. Formal Complaints

A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail. The complaint must include the complainant’s physical or digital signature, or otherwise indicate that the complainant is the person filing the complaint.

Title IX Coordinator
Jody Shipper
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

The Title IX Coordinator may also file a complaint if, e.g.:

  • The person subject to the alleged misconduct declines to file or requests to withdraw a complaint but the Coordinator believes the respondent may pose an ongoing threat to the College community.
  • The person subject to the alleged conduct declines to file a complaint but would like an investigation.
  • The identity of the person subject to the alleged misconduct is unknown and an investigation may help determine it.
  • The College has gathered evidence apart from the complainant’s statements and desires to reach a determination regarding the respondent’s responsibility.
  • A determination regarding responsibility provides a benefit to the complainant even where the College lacks control over the respondent and would be unable to issue disciplinary sanctions (see Section V.D below).

However, for the College to proceed with the full resolution process (including imposition of disciplinary measures should a respondent student or employee be found responsible for the alleged misconduct) in a complaint filed by the Title IX Coordinator, the person subject to the alleged misconduct must be willing to participate in the investigation and hearing (except where the College has gathered sufficient evidence to complete the complaint resolution process without information from the complainant).

Formal complaints can be filed as long as the respondent remains a part of the College community. However, the sooner a complaint is filed, the more effectively it can be investigated, e.g., while witnesses are still available, memories are fresh, and documentation may still be available.

The College will evaluate a formal complaint to determine if the alleged conduct constitutes sexual misconduct as defined for Title IX purposes, occurred in the College’s education program or activity, and occurred against a person in the United States. If it did not, the College will dismiss the formal complaint for Title IX purposes and notify the parties in writing. However, if the alleged conduct would otherwise be prohibited by this Policy, the College will continue to address it through the Procedures for Discrimination and Harassment Complaints in Appendix B.

The College may dismiss a formal complaint (or any allegations within the complaint) filed by the person subject to the alleged misconduct if:

  • That person subsequently asks to withdraw it.
  • The respondent is not or is no longer enrolled in or employed by the College (in which case the College may have no way to gather sufficient evidence to make a determination); however, if the respondent subsequently seeks to reenroll or be rehired, the complaint will be reopened and the complaint resolution process completed as a condition for reenrollment/rehire.
  • Other specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

In any case in which the College dismisses a formal complaint, the College will provide simultaneous written notice to both parties, including the opportunity to appeal the dismissal as set out in Section VII below.

The investigator and Hearing Officer shall resolve all alleged violations of the Student Code of Conduct, the Staff Handbook, or the Faculty Handbook not involving sexual misconduct that arise from the same set of circumstances as the allegations of sexual misconduct, but will make clear as to which allegations are being considered under the College’s responsibilities under Title IX and which are being addressed under the College’s own requirements.

If a person reports an incident that meets the definition of sexual misconduct but does not personally define the incident as that, the College still has an obligation to provide supportive measures and, if a formal complaint is filed, investigate and hold a hearing.

Members of the College community are expected to cooperate in the College’s investigations and hearings of alleged sexual misconduct. Investigations and hearings will proceed based on reasonably available information. The College, not the parties, bears the burden of proof and the burden of gathering evidence sufficient to reach a determination. The College will not restrict the ability of either party to discuss the allegations under investigation with others or to gather and present relevant evidence.

If a minor is either a complainant or a respondent, the College will notify the minor’s parent(s) of all proceedings in this Policy and allow them to participate in those proceedings.

The complaint resolution process will be completed within a reasonably prompt timeframe—generally, within 90 days of receipt of the complaint. The College may extend this timeframe or any component timeframes for good cause. If the College requires an extension of a timeframe, the College will provide written notice to the complainant and the respondent and provide the reason for the delay.

A. Notice

Upon receipt of a formal complaint of Title IX sexual misconduct (see Section III of the Policy: severe, pervasive, and objectively offensive sexual harassment; sexual assault; dating violence; domestic violence; and stalking), the Title IX Coordinator will provide written notice to the parties who are known that includes:

  1. An explanation of the complaint procedures in this Policy.
  2. A description of the allegations, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. This will include the identities of the parties involved in the incident, if known; the conduct allegedly constituting sexual misconduct; and the date and location of the alleged incident, if known.
  3. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the investigation and hearing.
  4. An explanation that the parties may have an advisor of their choice (who may be, but is not required to be, an attorney), and that they may inspect and review the evidence obtained during the investigation.
  5. Information about Section V of the Policy, regarding the prohibitions against retaliation and against knowingly making false statements or knowingly submitting false information.

If, in the course of an investigation, the College decides to investigate allegations that are not included in the original notice, the College will provide notice of the additional allegations to the parties whose identities are known.

B. Investigation Standard

Formal complaints of sexual misconduct will be assessed using the preponderance of the evidence standard. The preponderance of the evidence standard means that the evidence must show that, more likely than not, sexual misconduct did occur and more likely than not, the respondent.

C. Investigative Process

All formal complaints of alleged sexual misconduct covered by these procedures are investigated under the general oversight of the Title IX Coordinator; however, the Coordinator will not participate in making any recommendations or determinations. Any party may challenge the participation of the Title IX Coordinator for bias or conflict of interest; such a challenge will be resolved by the Human Resources Director. No party has a right to disqualify the Coordinator absent a demonstrated bias.

The Coordinator will appoint a qualified investigator to conduct the investigation and prepare an investigative report, including recommended findings; training provided to the investigator by the College can be found at Title IX Training. Any party may raise issues of bias or conflict of interest with regard to the investigator. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an investigator absent a demonstrated bias or conflict.
The investigation process includes:

  1. Providing the complainant with the opportunity to meet with the investigator and/or to provide a written statement.
  2. Providing the respondent with the opportunity to meet with the investigator and/or to provide a written statement.
  3. After meeting with the parties and/or obtaining their statements, the investigator will gather and review any additional information and documents the investigator deems relevant, including but not limited to student and personnel files, witness statements, law enforcement and investigation documents, and additional statements from the complainant and the respondent.
    • The investigator will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other evidence indicating that the respondent is responsible for the alleged conduct as well as indicating that the respondent is not responsible.
    • In any meetings or conversations with the investigator, the parties can be accompanied by an advisor of their choice (who may be, but is not required to be, an attorney). However, an advisor cannot speak for the party they are advising; rather, the advisor’s role will be limited to quietly conferring with the party.
    • The investigator will provide each party with written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate.
    • A party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, cannot be used in any part of the complaint resolution process unless the College obtains that party’s voluntary, written consent.
    • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant during any part of the complaint resolution process, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
  4. Prior to completion of the investigative report, the College will send to each party and the party’s advisor, if any, all evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint.
    • This will include all evidence indicating that the respondent is responsible for the alleged misconduct as well as all evidence indicating that the respondent is not responsible. It will also include evidence upon which the College does not intend to rely in reaching a determination regarding responsibility, whether obtained from a party or other source.
    • It will not include sensitive personally identifying information (e.g., social security numbers, contact information, etc.).
  5. The parties will have 10 calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.
  6. The investigator will create a report of the investigation that summarizes the relevant evidence and includes recommended findings based on that evidence. Any credibility determinations made by the investigator to support their recommended findings must not be based on a party’s status as a complainant, respondent, or witness.
  7. The College will send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy at least 14 calendar days prior to the hearing. The parties can provide a written response to the report, but must do so no later than four (4) days before the hearing.
  8. The investigation report, including recommended findings and the evidence on which it is based, will be forwarded to the Hearing Officer at the same time it is sent to the parties.
  9. The parties and their advisors can only use the evidence presented to them by the investigator and the investigative report for purposes of the complaint process; they cannot copy, photograph, download, disclose, or disseminate these materials to anyone else.
  10. Either party involved in the investigation may request a written update at any point from the Title IX Coordinator.

D. Non-Student And Non-Employee Cases

In complaints in which the respondent is not a student or employee of the College, the investigator will prepare a written summary of the investigation, make findings of fact, determine if College Policy has been violated and, if so, recommend suitable action to appropriate College officials. Ultimately it is up to the College official to determine if and how to implement the investigator’s recommendations.

VI. Hearing

A. Standard

The Hearing Officer will determine if it is more likely than not that the respondent committed the alleged misconduct. This determination will be made based on an objective evaluation of all reasonably available and relevant evidence, including evidence indicating that the respondent is responsible for the alleged misconduct as well as evidence indicating that the respondent is not responsible.

B. Hearing Officer

The Title IX Coordinator will appoint a qualified individual to serve as the Hearing Officer. The Hearing Officer will make a final determination on the case based on the investigative report and the evidence on which it is based. Training provided to the Hearing Officer by the College can be found at Title IX Training.

Any party may raise issues of bias or conflicts of interest with regard to the Hearing Officer. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify a Review Board member absent a demonstrated bias.

C. Hearing Process

  1. The College may, at its discretion, arrange for the hearing to be conducted in person or through videoconferencing (so that the Hearing Officer and parties can simultaneously see and hear each other or witnesses as they present their information and answer questions); however, if either party requests the use of videoconferencing, the College must provide it.
  2. The Hearing Officer has general authority over the conduct of the hearing, including the authority to set time frames for witness testimony and limit the length of any opening/closing statements.
  3. A respondent, complainant, advisor, and/or witness may not use electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) during a hearing, unless authorized by the Hearing Officer.
  4. The general course of procedure for a hearing is as follows: introductions; respondent’s statement accepting or denying responsibility; questioning of each party by the Hearing Officer and the other party; testimony/questioning of other material witnesses (if applicable); any closing comments from the complainant; and any closing comments from the respondent.
  5. The parties can be accompanied to the hearing and any related meeting or proceeding by the advisor of their choice (who may be, but is not required to be, an attorney); a party’s witness can also serve as the party’s advisor. However, except for purposes of cross-examination (explained below), the advisor cannot speak for the party they are advising; rather, the advisor’s role will be limited to quietly conferring with the party.
  6. The Hearing Officer will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other evidence provided and obtained during the investigation indicating that the respondent is responsible for the alleged conduct as well as indicating that the respondent is not responsible.
  7. The Hearing Officer will make all the evidence gathered during the investigation available to each party at the hearing.
  8. The Hearing Officer and/or the parties can call the investigator as a witness. However, the investigator may not testify as to statements made by others, including the complainant or respondent, if the individual who made a statement does not submit to cross-examination.
  9. Each party’s advisor may ask the other party and any witnesses all relevant questions and relevant follow-up questions, including those challenging credibility.
    • Before a complainant, respondent, or witness answers a cross-examination or other question, the Hearing Officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
    • If a party does not have an advisor present at the hearing, the College will provide the party with an advisor of the College’s choice at no charge to conduct cross- examination on behalf of that party. The advisor’s role is limited to relaying a party’s own questions to the other party or witness. The advisor need not have any particular skill or qualification to serve in this role.
    • If a party or witness does not submit to cross-examination at the hearing, the Hearing Officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility. The Hearing Officer will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
  10. Any credibility determinations made by the Hearing Officer to support their findings must not be based on a party’s status as a complainant, respondent, or witness.
  11. The College will create an audio recording and/or transcript, of the hearing and make it available to the parties for inspection and review.
  12. After the hearing, the Hearing Officer will issue a written determination regarding responsibility. The Hearing Officer has an independent obligation to objectively evaluate relevant evidence and cannot simply defer to recommendations made by the investigator in the investigative report.
  13. Should the Hearing Officer determine that the respondent violated the Sexual Misconduct Policy, the Hearing Officer will refer the case to the appropriate College official for determinations of sanctions and remedies (see Section VI.E below) before issuance of the Notice of Outcome.

D. Notice Of Outcome

The Notice of Outcome prepared by the Hearing Officer will inform the parties regarding the outcome of the hearing. The Notice, which shall be provided simultaneously and in writing to both the complainant and the respondent, will include:

  1. Identification of the allegations potentially constituting sexual misconduct.
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and the hearing.
  3. Findings of fact supporting the determination.
  4. Conclusions regarding the application of the Policy to the facts.
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility.
  6. Any disciplinary sanctions for the respondent (see Section VI.E below).
  7. Whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to the complainant; only the Notice of Outcome issued to the complainant will specify what the remedies are.
  8. The procedures and permissible bases for the complainant and respondent to appeal.

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

E. Sanctions/Remedies

Sanctions for student respondents found responsible for sexual misconduct under this Policy will be determined by the Dean of Students and included in the Notice of Outcome. Sanctions for employee
respondents found responsible for sexual misconduct will be determined by the Human Resources Director and included in the Notice of Outcome. The range of sanctions against a respondent found responsible for sexual misconduct under this Policy include but are not limited to institutional probation, no contact orders, counseling, training or other developmental assignments, removal from class(es), housing, or suspension/dismissal/termination from the institution.

Remedies for student and third party/visitor complainants (where the third party/visitor was participating in or attempting to participate in a College program or activity) will be determined by the Dean of Students; remedies for employees will be determined by the Human Resources Director. Remedies can include, but are not limited, to housing changes, changes in grades (e.g., where a student-complainant was assigned a low grade as part of the harassment), counseling services, medical services, promotion (e.g., where an employee-complainant was denied a promotion as part of the harassment), reenrollment, reinstatement, academic support services, and other measures designed to put the complainant in the position they would have been in had the harassment not occurred.

Remedies for the broader College population will be determined by the Title IX Coordinator and can include, but are not limited to, developing educational materials on sexual misconduct and this Policy for students and/or employees, increased security, conducting bystander intervention and sexual violence prevention programs, and/or issuing Policy statements.

VII. Appeals

A. General

Both the complainant and the respondent will be notified simultaneously and in writing of the following procedures for the respondent and the complainant to appeal the result of the hearing:

  1. Both the complainant and the respondent are entitled to appeal the decision of the Hearing Officer.
  2. An appeal must be filed, in writing, within five (5) calendar days of the written Notification of Outcome. The appeal should be turned in to the Title IX Coordinator.
  3. Appeals of complaints in which a student is accused of sexual misconduct by another student or by a visitor/third party will be heard by the Human Resources Director. Appeals of complaints in which an employee is accused of sexual misconduct by another employee or by a third-party will be heard by the Dean of Students. Appeals of cases in which a student is accused of sexual misconduct by an employee or in which an employee is accused of sexual misconduct by a student will be heard by a qualified external reviewer. Training provided to the appellate officers can be found at Title IX Training.
  4. Any party may raise issues of bias or conflict of interest with regard to the Appellate Officer. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an Appellate Officer absent a demonstrated bias or conflict.
  5. The grounds for appeal are:
    • New evidence not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome.
    • The Title IX Coordinator, investigator(s), or decision-maker(s) had a demonstrated conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
    • Procedural irregularities that affected the outcome.
  6. All decisions by the Appellate Officer are final.

B. Appellate Process

  1. The Appellate Officer will first determine whether the appeal meets the grounds for appeal. If the appeal is not based on a proper ground for appeal, it may be rejected. If so, the Appellate Officer will notify all parties within 10 business days of the appeal filing that the appeal will not be reviewed.
  2. If the appeal satisfies the grounds for appeal, the Appellate Officer will notify the other party within five (5) calendar days of receipt of the appeal and provide them an opportunity to respond to the appeal within the next five (5) calendar days.
  3. The Appellate Office will make a finding on the appeal within 15 business days of the appeal being filed, unless extended for good cause. If the timeframe for the decision is to be extended, the Appellate Officer will notify the parties of the extension and the reasons for it.
  4. The complainant and the respondent will be notified simultaneously and in writing of the result of the appeal and the reasons for the result.

VIII. Recordkeeping

The College will create, and maintain for a period of seven years, records of each sexual harassment investigation, including:

  • any informal resolution and the result therefrom
  • any determination regarding responsibility and any audio or audiovisual recording or transcript
  • any disciplinary sanctions imposed on the respondent
  • any remedies provided to the complainant
  • any appeal and the result therefrom

The College will also create, and maintain for a period of seven years, any actions, including any supportive measures, taken in response to all reports or formal complaints of sexual misconduct. If the College does not provide a complainant with supportive measures, the College will document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Appendix B
Procedures for Discrimination and Harassment Complaints

These procedures apply to reports and complaints of discrimination, harassment, and retaliation as defined in Section III of the Policy, except those involving Title IX sexual misconduct (which are handled under Appendix A, Procedures for Title IX Sexual Misconduct Complaints). They also apply to reports and complaints of retaliation.

I. Rights

Rights Of the Complainant

When an applicant, student, employee, or visitor or other third party (when the visitor/third party is participating or attempting to participate in a College program or activity) files a discrimination or retaliation complaint, the College will provide the complainant a written explanation of their rights, including:

  • The right to a prompt, fair, and impartial investigation of all credible complaints.
  • The right to not be discouraged by College officials from filing a complaint.
  • The right not to be retaliated against for filing a complaint in good faith.
  • The right to know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard.
  • The right to reasonably prompt time frames for completion of the investigation process (generally 60 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to have an advisor or advocate of the complainant’s choice accompany and assist throughout the complaint resolution process.
  • The right to an outcome based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • The right to be informed of the outcome and sanction within the bounds of what is legally permissible.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • Assurance that the College will take steps to prevent recurrence of any discrimination, harassment, or retaliation and, when appropriate, to remedy the discriminatory effects on the complainant and others involved/affected.

The above explanation of rights will also be provided to an applicant, student, employee, or visitor or other third party (regardless of whether the visitor/third party is participating or attempting to participate in a College program or activity) who files a complaint of harassment, as well as the following information:

  • Options for available assistance in and how to request supportive measures. The College will provide such measures regardless of whether the complainant chooses to report the alleged conduct to Campus Security or local law enforcement.
  • For harassing conduct that might be criminal in nature, the option to notify proper law enforcement authorities, including Campus Safety and local police.
  • If a student or employee submits a Personal Protection Order (PPO) to Campus Safety, Campus Safety will notify Wayne State or Detroit Police if the PPO is violated.

Information for The Respondent

When the respondent is associated with the College, the respondent will be provided with the following information:

  • The right to a prompt, fair, and impartial investigation of all credible complaints.
  • The right to know the evidentiary standard the College applies during an investigation is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, the alleged discrimination, harassment, or retaliation did occur.
  • A presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the complaint resolution process.
  • The right to a reasonably prompt time frame for completion of the resolution process (generally 60 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to an outcome based solely on a preponderance of the reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome and sanction of the hearing.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • For individual respondents:
    • Options for available assistance in and how to request supportive measures.
    • The right not to be retaliated against for participating in the complaint resolution process.
    • The right to have an advisor or advocate accompany and assist throughout the process.

Disability accommodations: Parties and witnesses with documented disabilities have a right to reasonable disability-related accommodations needed in order to participate in the complaint resolution process. To request such accommodations, students should contact the Dean of Students and employees and others should contact the Human Resources Director.

II. Supportive Measures in Harassment Matters

Students and employees of the College can contact the Office for Institutional Equity and Inclusion to request supportive measures. Supportive measures are available to a complainant before or after the filing of a complaint or where no complaint has been filed, and to an individual respondent after a complaint has been filed.

III. Complaints

Complaints of discrimination, harassment, and retaliation can be filed with the Office for Institutional Equity and Inclusion or Office of Human Resources.

Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Raquel Diroff
Human Resources Director
Office of Human Resources
313-664-7651
rdiroff@collegeforcreativestudies.edu

Complaints of discrimination (including discrete acts of retaliation) must be filed within one (1) year of the date of the alleged discrimination. Complaints of harassment (including retaliatory harassment) can be filed as long as the respondent remains a part of the College community. However, the sooner a complaint is filed, the more effectively it can be investigated, e.g., while witnesses are still available, memories are fresh, and documentation may still be available.

The College may dismiss a complaint (or any allegations within the complaint) if:

  • The complainant subsequently asks to withdraw it;
  • In harassment cases, the respondent is not or is no longer enrolled in or employed by the College (in which case the College may have no way to gather sufficient evidence to make a determination); however, if the respondent subsequently seeks to reenroll or be rehired, the complaint may be reopened and the complaint resolution process completed as a condition for reenrollment/rehire.

In any case in which the College dismisses a complaint, the College will provide simultaneous written notice to both parties, including the opportunity to appeal as set out in Section V below.

The College will utilize all relevant internal disciplinary and administrative processes, as well as external criminal and civil reporting mechanisms, deemed appropriate when information pertaining to discrimination, harassment, or retaliation is reported. The investigator shall resolve all alleged violations of the Student Code of Conduct, the Staff Handbook, or the Faculty Handbook arising from the same set of circumstances as the allegations of conduct prohibited by the Policy.

Members of the College community are expected to cooperate in the College’s investigations. Investigations will proceed based on reasonably available information. The College will not restrict the ability of either party to discuss the allegations under investigation with others or to gather and present relevant evidence. If a minor is either a complainant or a respondent, the College will notify the minor’s parent(s) of all proceedings in this Policy and allow them to participate in those proceedings.

Any member of the College community who knowingly files a false report of sexual misconduct or harassment, or who knowingly provides false information to or intentionally misleads College officials who are investigating or hearing a report of alleged discrimination, retaliation, sexual misconduct, or harassment, is subject to disciplinary action, up to and including discharge for employees and dismissal for students.

The investigation and resolution of a complaint will be completed within a reasonably prompt timeframe— generally, within 60 days of receipt of the complaint. The College may extend this timeframe or any component timeframes for good cause. If the College requires an extension of a timeframe, the College will provide written notice to the complainant and respondent and provide the reason for the delay.

A. Notice

Upon receipt of a complaint covered by Appendix B, the Office for Institutional Equity and Inclusion will provide written notice to the complainant and to the respondent that includes:

  1. An explanation of the complaint procedures.
  2. A description of the allegations.
  3. For harassment complaints, a statement that the individual respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the investigation and hearing.
  4. An explanation that any parties to a complaint may have an advisor of their choice (who may be, but is not required to be, an attorney).
  5. Information about Section V of the Policy, regarding the prohibitions against retaliation and against knowingly making false statements or knowingly submitting false information.

If, in the course of an investigation, the Office decides to investigate allegations that were not included in the original notice, the Office will provide written notice of the additional allegations.

B. Investigation Standard

Complaints under these procedures will be assessed using the preponderance of evidence standard — the evidence must show that, more likely than not, the alleged discrimination, harassment, or retaliation did occur.

C. Investigative Process

Complaints of alleged discrimination, harassment, and retaliation covered by these procedures are investigated under the oversight of the Office for Institutional Equity and Inclusion and, where employees are involved, the Office of Human Resources. The Office for Institutional Equity and Inclusion will appoint a qualified investigator to conduct the investigation and prepare an investigative report. The parties to a complaint may raise issues of bias or conflict of interest with regard to the investigator or anyone from the College involved in conducting or managing the complaint resolution process. The Office for Institutional Equity and Inclusion will weigh these issues and resolve them accordingly. No party has a right to disqualify an individual involved in the complaint resolution process absent a demonstrated bias or conflict.

The investigation process includes:

  1. Providing the complainant with the opportunity to meet with the investigator and/or to provide a written statement.
  2. Providing the respondent with the opportunity to meet with the investigator and/or to provide a written statement.
  3. After meeting with the complainant and the respondent or receiving their written statements, the investigator will gather and review any additional information and documents the investigator deems relevant, including but not limited to student and personnel files, witness statements, law enforcement and investigation documents, and additional statements from the complainant and the respondent. In any meetings or conversations with the investigator, any party to a complaint can be accompanied by an advisor of their choice (who may be, but is not required to be, an attorney). However, an advisor cannot speak for the party they are advising; rather, the advisor’s role will be limited to quietly conferring with the party.
  4. The investigator will create a preliminary investigation report summarizing the relevant evidence collected.
  5. The preliminary investigation report will be provided to the complainant and the respondent, with five (5) business days to respond with any information they deem to be incorrect or incomplete, or to provide additional information that they believe should be included.
  6. The investigator will address the parties’ responses to the preliminary investigation report and conduct additional investigation if warranted. If the investigator collects additional evidence, the investigator will give the parties an opportunity to review and respond.
  7. The investigator will then create a final investigation report which will contain recommended findings.
  8. The final investigation report will be forwarded to the Review Board for final determination.
  9. The complainant and respondent may request a written update at any point from the Office for Institutional Equity and Inclusion.

IV. Review Board

A. Standard

The purpose of the Review Board is to determine if, more likely than not, discrimination, harassment, or retaliation occurred. This determination is made by the Review Board as an outcome of the Review Board process outlined in section IV.C.

B. Review Board

The Review Board will make a final determination on the case based on the report prepared by the investigator. The Review Board will be comprised of three members. Depending on the allegations in the complaint and the individuals involved, the Review Board may be comprised of the Assistant Dean for Institutional Equity and Inclusion, Human Resources Director, Dean of Students, Vice President for Enrollment and Student Services, and Vice President for Administration and Finance.

Any party may raise issues of conflicts of interest with regard to the Review Board. The Office for Institutional Equity and Inclusion will weigh these issues and resolve them accordingly. No party has a right to disqualify a Review Board member absent a demonstrated bias.

C. Review Board Process

The Review Board will review the final investigation report to determine whether:

  1. The investigation was conducted in a fair, impartial, and reliable manner;
  2. The information is sufficient and supports the factual findings; and
  3. There is a rational basis, applying the preponderance of evidence standard, for the recommended finding(s).

In reaching a determination the Review Board may elect to meet with the investigator, but may not conduct its own investigation.

After the Review Board has concluded its review of the final investigation report and any additional information requested about the investigation, the Review Board shall either affirm or reject the investigator’s finding(s). Should the Review Board reject the investigation report in whole or in part, the Review Board may:

  1. Modify the investigation report accordingly;
  2. Request that further investigation be undertaken by the same or another investigator;
  3. Request that a de novo investigation be conducted.

If the Review Board determines that the investigator properly concluded that there is insufficient information to find, by a preponderance of the evidence, that a Policy violation occurred, the Review Board will affirm the finding.

If the Review Board determines that the investigator properly concluded that there is sufficient information to find, by a preponderance of the evidence, that a Policy violation occurred, the Review Board will coordinate with other College officials regarding any remedies to be provided to the complainant and, in cases of harassment, any sanctions for the respondent (see Section IV.E below). These measures will be designed to eliminate the discrimination, harassment, and/or retaliation, prevent its reoccurrence, and remedy its effects. Sanctions or interventions may also serve to promote safety or deter individuals from similar future behavior.

D. Notice Of Outcome

The Notice of Outcome prepared by the Review Board will inform the complainant and the respondent of the outcome of an investigation. The Notice, which shall be provided simultaneously and in writing to all involved, will contain: (1) whether the alleged discrimination, harassment, or retaliation occurred, (2) to the extent permitted by the Family Education Records Privacy Act (FERPA), any individual sanctions imposed, (3) other steps the College has taken to prevent further violations of the Policy, and (4) any appeal rights as described in Section V below. The Notice of Outcome provided to the complainant will identify any individual remedies offered to them.

E. Sanctions/Remedies

Remedies for student and third party/visitor complainants (where the third party/visitor is participating in or attempting to participate in a College program or activity) will be determined by the Dean of Students; remedies for employees will be determined by the Human Resources Director. Remedies can include, but are not limited, to housing changes, changes in grades, counseling services, medical services, promotion (e.g., where an employee-complainant was denied a promotion as part of the harassment), enrollment or reenrollment, reinstatement, academic support services, and other measures designed to put the complainant in the position they would have been in had the discrimination, harassment, or retaliation not occurred.

In cases of harassment (including retaliatory harassment), sanctions for student respondents will be determined by the Dean of Students and included in the Notice of Outcome to the extent permitted by FERPA. Sanctions for employee respondents will be determined by the Human Resources Director and included in the Notice of Outcome. The range of sanctions under this Policy include, but are not limited to, institutional probation, no contact orders, counseling, training or other developmental assignments, removal from class(es), housing, or suspension/dismissal/termination from the institution.

Remedies for the broader College population will be determined by the Office for Institutional Equity and Inclusion and can include, but are not limited, to developing educational materials on discrimination, harassment, and retaliation and this Policy for students and/or employees; increased security; conducting bystander intervention and prevention programs; and/or issuing Policy statements.

V. Appeals

A. Procedure

Both the complainant and, in cases of harassment, the individual respondent are entitled to appeal the decision of the Review Board. The Notice of Outcome will include the following information:

  1. An appeal must be filed, in writing, within 5 business days of the written Notification of Outcome. The appeal should be turned in to the Assistant Dean, Office for Institutional Equity and Inclusion.
  2. The College leadership team (President, Provost, Vice President of Academic Affairs, Vice President of Enrollment and Student Services, Vice President of Administration and Finance, and Vice President of Institutional Advancement) will serve as the Appeal Body unless they participated in the Review Board determinations. A member of the leadership team may also recuse themselves if a relationship with a party would compromise the impartiality of the appeal. Any party may raise issues of conflicts of interest with regard to the Appeal Body. The Assistant Dean, Office for Institutional Equity and Inclusion, will weigh these issues and resolve them accordingly. No party has a right to disqualify an Appeal Body member absent a demonstrated bias.
  3. The Appeal Body will first determine whether the appeal meets the grounds for appeal in Section V.B below. If the appeal is not based on a proper ground for appeal, it may be rejected. If so, the Appeal Body will notify all parties within 10 calendar days of the appeal filing that the appeal will not be reviewed.
  4. If the appeal satisfies the grounds for appeal, the Appeal Body will make a finding on the appeal within 15 business days of the appeal being filed. The complainant and, in cases of harassment, the individual respondent will be notified simultaneously and in writing of the results and when such results become final. If the timeframe for the decision is to be extended, the Appeal Body will notify the parties of the extension and the reasons for it.
  5. All decisions by the Appeal Body are final.

In cases in which a College office, department, or other organizational unit was accused of discrimination, harassment, or retaliation, that unit cannot appeal a finding of a violation of this Policy or of the remedies imposed.

B. Grounds For Appeal

  1. New evidence not reasonably available at the time the decision regarding dismissal or violation of the Policy was made that could affect the outcome.
  2. Those involved in the complaint resolution process had a conflict of interest or bias that affected the outcome of the matter.
  3. Procedural irregularities that substantially affected the outcome.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law requiring covered employees be paid at least the federal minimum wage for all hours worked and overtime pay (generally computed at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek), unless the employee falls into one of several designated exemptions.  To qualify for exemption, employees generally must meet certain tests regarding their job duties and, for some exemptions, be paid on a salary basis at not less than the minimum designated by the FLSA.  Job titles do not determine exempt status.  In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the FLSA.  You will be advised whether your position is classified as exempt (and not subject to the minimum wage and/or overtime provisions of FLSA) or nonexempt (and subject to the minimum wage and overtime provisions of FLSA) at the time you are hired.

To qualify for many exemptions applicable at CCS, employees must be paid on a salary basis.  Consistent with CCS’s long-standing policy and practice, exempt employees are paid on a salary basis as required by law.  Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis.  Absent an exception listed below, the predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work and an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  However, exempt employees do not need to be paid for any workweek in which they perform no work.  Generally, if the employer makes deductions for an employee’s predetermined salary because of the operating requirements of the business, that employee is not paid on a “salary basis.”  That is, if the employee is ready, willing and able to work, deductions typically may not be made for time when work is not available.

Campus Parking and Traffic

The College provides at no charge secured, covered parking structure for all students, faculty and administrative staff. Access to the parking structure is through the employee ID. Parking is available on a first- come, first-serve basis. Please keep in mind that driving and parking on campus is a privilege not a right. Failure to follow the below policies/guidelines will result in ticketing and excessive violations will result in the loss of on campus parking privileges.

Driving on Campus

In order to provide a safe environment on campus when driving, please adhere to the following:

  • Drive no faster than 10 mph
  • Drive in a responsible and prudent manner
  • Yield to pedestrians

Unloading on Campus

When it is necessary to park in a restricted area for the purpose of unloading:

  • Put on your hazard lights
  • Notify Campus Safety of your task and vehicle location
  • Move your vehicle to a designated parking space within 20 minutes

Parking on Campus

In order to park on campus:

  • All student vehicles must have a current school year parking sticker adhered to the inside, lower left corner of the windshield or a temporary parking hangtag on the inside rear view mirror to park on campus.
  • All employee vehicles must display their authorized employee parking hangtag on the inside rear view mirror.
  • All visitor vehicles must display a visitor parking hangtag on the inside rear view mirror. The department that the person is visiting or the Campus Safety Officer at the entrance of the parking structure will issue the individual a visitor parking hangtag.

When parking on campus everyone is expected to:

  • Park in designated areas and between the lines
  • Open vehicle doors carefully
  • Stop at stop signs
  • Report all accidents to the Campus Safety office
  • Maintain current vehicle license plates
  • Remove their vehicle from campus after 2:00 a.m. (except ACB residents) and during extended hours for mid-terms and finals.

Do not park in illegal, unmarked or restricted areas on campus. This includes, but is not limited to, parking in fire lanes, the CCS alley, or places that result in another vehicle being blocked.

The storing or repairing of motor vehicles on campus property is prohibited.

Parking Structure

Students, employees and visitors are welcome to park in the structure. Students and employees must use their CCS ID card to enter the parking structure. If you lose your ID, go to the Campus Safety Office for replacement at a cost of $20. Visitors must identify whom they are coming to visit when entering the parking structure and obtain a temporary parking tag from the officer in the entrance booth.

Only vehicles belonging to residents of the ACB that have a current school year ACB resident parking sticker can use the parking structure as their primary parking space. Thus, overnight parking in the parking structure is only permitted for residents of the ACB.

Please note that vehicles parked in the parking structure after 2:00 a.m. that do not have a current school year ACB resident parking sticker will be ticketed for unauthorized parking.

Administration / Admissions Lot

The parking lot east of the ADM Building is for assigned employees and visitors to the building.

Employees are to park in their assigned parking space and visitors in the designated visitor parking spaces. Students are not permitted to park in this parking lot. Visitors will be issued parking hangtags by the department they are visiting in the Administration building. Visitor hangtags must be displayed on the inside rear view mirror.

Walter B. Ford II Lot

The parking lot on the south side of the Walter B. Ford II Building and the Mud Lot located on the north side of the Kresge-Ford Building are for employee, student and visitor parking. Vehicles using these lots must bear a current CCS parking sticker or hangtag. Overnight parking is prohibited in both of these lots.

Parking / Traffic Violation Sanctions

CCS tickets, which carry a $50 fine, will be issued to any vehicle violating the traffic/parking guidelines on campus. Fines will be posted to student accounts, and if unpaid, will result in both registration and grade holds. The Human Resources office will track tickets issued to employees and failure to pay will result in disciplinary action.

The Office of Student Life & the Office of Campus Safety and Security will track CCS tickets. Upon receiving a third ticket, the student/employee will lose all parking privileges on campus. This will include deactivating their access to the parking structure, as well as having their vehicle placed on the Tow List. Vehicles on the Tow List that subsequently park on campus will be towed at the owner’s expense.

Ticket and Loss of Parking Privileges

Anyone receiving a CCS traffic/parking ticket who wishes to appeal the ticket can do so by submitting their appeal in writing to the Director of Student Life (students) or the Director of Human Resources (employees) within 14 days of the date the ticket was issued.

Anyone wishing to appeal the sanction of losing their parking privileges on campus must submit a letter of appeal to the Director of Student Life (students) or the Director of Human Resources (employees) within 14 days of the date of the written notification of this sanction. If the appeal is approved the payment of a $25 reactivation fee will be required prior to the reactivation.

City of Detroit Tickets

CCS has no control over tickets issued by the City of Detroit.

Family and Medical Leave Act (FMLA)

Purpose

The College affords eligible employees family or medical leave in accordance with the federal Family and Medical Leave Act (FMLA).  All rights and obligations under the FMLA and this policy are interpreted according to the law.  All leave of absence, including workers’ compensation, temporary disability and FMLA leaves, will be coordinated and will run concurrently as allowed by law.

The Leave Policy

You may be eligible for a job-protected, unpaid leave of absence for up to twelve (12) weeks each leave year if you:

  1. have been employed by CCS for at least 12 months (the months need not be consecutive);
  2. worked at least 1,250 hours of service in the 12 months immediately preceding the leave; and
  3. are taking the leave for a qualifying reason.

A leave year is defined as the rolling 12-month period measured backward from the date you first took FMLA leave.  During FMLA leave, you will be entitled to group health benefits as if you were still working.  Upon completion of FMLA leave, you will be restored to your same or equivalent job with the same pay, benefits and conditions of employment.  After 12 weeks, the FMLA provisions regarding job restoration do not apply.  If your leave exceeds 12 weeks, your right to job restoration and/or benefits, if any, will be determined by CCS’s existing policies and any applicable laws, including the Americans with Disabilities Act.  Please note that CCS’s short-term and long-term disability plans are income protection plans for eligible employees and do not guarantee a job, or any particular job, following an absence.

Reasons for Leave

FMLA leave may be taken for any of the following reasons:

  1. the birth of a son or daughter and in order to care for such child;
  2. the placement of a child with you for adoption or foster care;
  3. to care for your spouse, child or parent (“covered relation”) with a serious health condition; or
  4. because your own serious health condition renders you unable to perform the essential functions of your position.
  5. because of a “qualifying exigency” arising out of active duty or a call to covered active duty of a covered relation in the Armed Forces or:
  6. to care for a covered relation or next of kin who is a covered service member and has incurred a serious injury or illness in the line of duty while on active duty in the Armed Forces, including the National Guard or Reserves.

FMLA leave may not exceed 12 weeks per leave year, except where the leave is to care for an injured or ill service member, in which case an eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member.  Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks on a single 12-month period.  A leave to care for a newborn son or daughter or due to the placement with you of a foster or adopted son or daughter must conclude within 12 months of the birth or placement.  Spouses who both work for CCS will be entitled to a combined 12 weeks of FMLA in a given leave year when leave is take for the birth of a child, placement of a child for adoption or foster care, or care of a parent with a serious health condition.  Similarly, spouses who both work for the College may take only a combined 26 workweeks of leave to care for a covered service member with a serious injury or illness.

A child includes a biological, adopted, foster or stepchild (or legal ward) who is under 18 years old.  Children over 18 who are incapable of self-care because of physical or mental disability are also included.  (However, where leave is due to a qualifying exigency arising out of active duty or a call to active duty or to care for an injured or ill service member, there is no age limit on the child).  A “parent” includes your biological parent or person who stood in the position of parent to you when you were a child.  A parent does not include your spouse’s parent.

“Spouse” as defined in the FMLA, means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a same-sex marriage or common law marriage.  Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state.

A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.  Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.  Other conditions may meet the definition of continuing treatment.

A “qualifying exigency” means short-notice deployment (notice of seven days or less), military events, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities where CCS and the employee agree.

“Covered active duty” means, in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country, and, in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty.

A “covered service member” is (1)  a member of the Armed Forces, including the National guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise in the temporary disability retired list, for a serious injury or illness or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

A “serious injury or illness” is one that was incurred in the line of duty on active duty (or existed before the beginning of active duty and was aggravated by service in the line of duty on active duty) and that may render the service member medically unfit to perform duties of the member’s office, grade, rank, or rating.  With respect to a veteran who was a member of the Armed Forces at any time during the period of five years preceding the date on which the veteran undergoes medical treatment, recuperation or therapy, a serious injury or illness means that qualifying injury or illness that was incurred in the line of duty on active duty or existed before the beginning of active duty and was aggravated by service in the line of duty and that manifested itself before or after the member became a veteran.

Use of Paid Leave

In general, FMLA leave is unpaid.  However, CCS generally requires that you substitute any paid leave (assuming you are eligible for paid leave) for unpaid leave.  Your entitlement to up to 12 weeks of FMLA leave will run concurrently with any workers’ compensation or temporary disability absence as long as the criteria for a serious health condition is met.  You may use any available unused paid time off (PTO) to supplement your worker’s compensation or temporary disability pay, up to 100% of your regular pay.

Notice of Leave

If it is foreseeable that you will need FMLA leave, you must give CCS at least 30 days’ advance written notice.  If your need for FMLA leave, or the timing of the leave, is unforeseeable, you must give CCS notice as soon as practicable, generally within two business days after the need for leave becomes known to you.  You are also expected to comply with CCS’s normal call-in or reporting practices and procedures.  Failure to give the required notice may result in the delay of your leave.  If the leave is due to planned medical treatment, you must make a reasonable effort to schedule the treatment to minimize disruption to CCS.  Requests for leave must be submitted to Human Resources and forms are available in that office.

Medical and Family Certificates

If you request leave because of your own or a covered relation’s serious health condition, you and the relevant health care provider must supply an appropriate medical certification to CCS.  You may obtain Medical Certification forms from Human Resources.  Generally, for foreseeable leave, any required medical certification must be provided to Human Resources before your leave begins, unless it is impractical to do so, in which case a medical certification must be provided as soon as possible. Also, if the leave is for the birth, placement of a child for adoption or foster care, or care of a covered relation, CCS may require you to provide reasonable documentation or a statement confirming the family relationship.  In addition, if you are requesting leave for a qualifying exigency related to military service, you may be required to provide an appropriate certification.  Failure to timely provide the requested medical certification or other documentation may result in a delay or denial of your leave.

CCS may, at its discretion and expense, require an examination by a second health care provider designated by CCS.  If the second health care provider’s opinion conflicts with the original medical certification, CCS may require a third, mutually acceptable health care provider to conduct an examination and provide a binding opinion.  (Second and third opinions will not be requested for a covered service member’s serious injury or illness, however.)

Notice:  The Genetic Information nondiscrimination act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law.  To comply with this law, we are asking that you not provide any genetic information when responding to requests for medical information.  “Genetic information” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Reporting During Leave and Upon Return From Leave

If you take an FMLA leave due to your own or a covered relation’s serious health condition, CCS will require you to provide medical re-certifications, at reasonable intervals during your leave, generally not more than every 30 days. While on an FMLA leave, you must periodically report on your status and intent to return to work.  If the circumstances precipitating the need for an FMLA leave change while you are on leave, you must promptly notify the Human Resources office in writing of those changes, generally within two (2) business days.

CCS will require you to provide a certificate of fitness to return to work, which may address your ability to perform the essential functions of your job, at your expense, when your leave was due to your own serious health condition. A fitness to return to work certificate will not be required if the leave was taken on an intermittent or reduced schedule basis. Failure to timely provide the above status reports, re-certifications or fitness to return to work certificates may result in the delay or denial of leave, or restoration to your position.

Medical and Other Benefits During Leave

During an approved FMLA leave, CCS will maintain your group health benefits as if you continue to work. All other benefits will be maintained in accord with CCS established policies.  Paid time off (PTO) days do not accrue during leaves of absence, including FMLA and temporary disability absences (except during the time period that the leave is being covered by PTO).

If you normally pay a portion of your group health or other elective benefit premium, and if you are on a paid leave, CCS will deduct your portion of the health plan premium as a regular payroll deduction.  If your leave is unpaid, you must pay your portion of the premium to the Human Resources office by the 20th day of the month prior to the month the premium will cover.  Failure to timely pay your portion of the premium may result in termination of coverage, provided you are notified in advance that coverage will lapse.  If CCS pays your portion of any elective benefit premium or group health premium during your leave, CCS will seek reimbursement from you when you return to work.

If you do not return to work at the end of the leave period, you will be required to reimburse CCS for its share of the premiums paid for maintaining your group health benefits during any unpaid leave, unless you cannot return to work due to a serious health condition or other circumstances beyond your control.

Intermittent and Reduced Schedule Leave

Leave may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours you work) when medically necessary.  Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt CCS’s operations.  Leave for qualifying exigencies may also be taken on an intermittent basis.

If your leave is unpaid, CCS will reduce your salary as permitted by law based upon the amount of time actually worked.  In some situations, while you are on an intermittent or reduced schedule leave, CCS may temporarily transfer you to an available alternative position (with equivalent pay and benefits) that better accommodates your leave request.  Intermittent or reduced schedule leave to care for a newborn child or child placed with you for adoption or foster care requires prior consent of CCS (unless the leave is due to a serious health condition).

Special FMLA Rules Applicable to Instructional Employees

The FMLA contains special rules for instructional employees who seek intermittent leave or a leave near the end of an academic term.  “Instructional employees” include, for example, faculty members. Generally, teacher assistants and counselors are not considered instructional employees.  The purpose of the special rules is to avoid undue disruption to students.  If the special rules apply to you, CCS may require you to remain on leave until the end of the semester.  If you have requested intermittent or reduced schedule leave, CCS may require that you take leave in a block of time or it may temporarily transfer you to another position.  If you have any questions regarding these special FMLA rules and whether they apply to you, contact Human Resources.

Additional Information

The FMLA makes it unlawful for any employer to interfere with, restrain, or deny the existence of any right provided under the FMLA or discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.  An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.  FMLA does not affect any Federal or State law prohibiting discrimination, or supersede and State or local law or collective bargaining agreement which provides greater family or medical leave rights.  If you have any questions regarding this policy, please contact Human Resources.

CCS reserves the right to modify this policy when circumstances warrant modification, or to change any provision of this policy as determined by CCS in its discretion, consistent with the FMLA and any other applicable law.