GENERAL EMPLOYMENT AND WORKPLACE ISSUES

Background Check

Employment is contingent upon the results of a background check, Colby Community College shall perform the following background checks at the indicated intervals:

1. Background Inspection -- upon hire annually occurring in the fall semester.
2. Motor Vehicle Registry -- upon hire and annually.
3. SSN Trace Report (Used to determine other state criminal background checks needed) -- upon hire.
4. Additional criminal background checks for other states as needed.
5. E-Verify -- upon hire

Motor Vehicle Driving Record and Fleet Usage
The purpose of this policy is to ensure the safety of employees who drive College vehicles and to provide guidance on the proper use of the institution’s fleet vehicles. Vehicle accidents are costly to our College, but more importantly, they may result in injury to you or others. It is the driver’s responsibility to operate the vehicle safely and to drive defensively to prevent injuries and property damage. Colby Community College expects employees to drive in a safe and courteous manner, following all motor vehicle laws as well as the following safety rules. The College retains the right to amend or terminate this policy at any time.

Driver Criteria and Administration
Motor vehicle records will be obtained on all drivers upon employment and checks will be run annually. A driving record that fails to meet the criteria stated in this policy or is in violation of this policy will result in a loss of the privilege of driving a College vehicle.

Employees must have a valid and current driver’s license to operate a College vehicle or a personal vehicle while on College business.

Personal vehicles used for College business must have appropriate and adequate insurance coverage. Personal auto insurance is the sole responsibility of the employee.

The College does not allow any vehicle in the fleet to be utilized for personal or non-official College use.

Employees are expected to drive safely and responsibly and to maintain a good driving record. Human Resources is responsible for reviewing records, including accidents, moving violations, etc., to determine if an employee’s driving record indicates a pattern of unsafe or irresponsible driving, and to make a recommendation to executive management for suspension or revocation of driving privileges.

Criteria that may indicate an unacceptable record include, but are not limited to:

• Suspended or revoked license
• Three or more moving violations* in a year
• Three or more chargeable accidents within a year. Chargeable means that the driver is determined to be the primary cause of the accident through speeding, inattention, etc. Contributing factors, such as weather or mechanical problems, will be taken into consideration.
• Any violations involving drugs, alcohol, controlled substances, etc., within the past 24 months
• Any accident involving a moving violation.
• Leaving the scene of an accident within the past 24
• Reckless driving within the past 24
• At fault in an accident resulting in a fatality or serious injury within the past five years.

* Violations include any ticket, charge, or other law enforcement proceeding relating to these, as well as independent evidence of violations deemed relevant by the security department.

Any employee who has a driver’s license revoked or suspended shall immediately notify their supervisor and Human Resources office by the next business day, and immediately discontinue operation of a College vehicle. Failure to do so may result in disciplinary action, including termination of employment.

Drivers must report all ticket violations received during the operation of a College vehicle, or while driving a personal vehicle on College business*, within 72 hours to their supervisor and human resources.

Employees may not drive any College vehicles without the prior approval of their supervisor. Before approving a driver and periodically thereafter, the human resources department must check the employee's driving record. Employees approved to drive on behalf of College business are required to inform their supervisor of any changes that may affect either their legal or physical ability to drive or their continued insurability.

Employees holding jobs requiring regular driving for College use as an essential job function must, as a condition of employment, be able to meet the driver approval standards of this policy at all times.

All employees needing transportation for College business may use vehicles assigned to them by the fleet coordinator, who will utilize vehicles from the motor pool. As a last alternative, when no College vehicle is available, employees may use their personal vehicle and receive mileage reimbursement with prior approval from their supervisor.

Employees who drive a vehicle on College business must, in addition to meeting the approval requirements above, exercise due diligence to drive safely and to maintain the security of the vehicle and its contents. The use of cell phones (including texting) while behind the wheel of a moving vehicle being used for College business is strictly prohibited. Employees are responsible for any driving infractions or fines as a result of their driving.

Nonemployees and nonbusiness passengers (i.e., family and friends) are prohibited from riding in College vehicles.

Employees must report any accident, theft, or malicious damage involving a College vehicle to their supervisor and the human resources department, regardless of the extent of damage or lack of injuries. Such reports must be made as soon as possible but no later than 48 hours after the incident. Employees are expected to cooperate fully with authorities in the event of an accident. However, employees should make no voluntary statement other than in reply to questions from investigating officers.

Employees are not permitted, under any circumstances, to operate a College vehicle or a personal vehicle for College business when any physical or mental impairment causes the employee to be unable to drive safely. Additionally, employees shall not operate any College vehicle at any time or operate any personal vehicle while on College business while using or consuming alcohol, illegal drugs, or prescription medications that may affect their ability to drive.

The College has one employee who is on call on a 24-hour basis, the Farm Manager. This employee will be assigned a College farm vehicle that is designated to be at the College Farm at all times. The farm vehicle is provided so that the employee can respond to animal care and safety needs as soon as possible. Said employee will provide a written acknowledgment that they fully understand that the vehicle is used only as part of emergency response and is not for personal use.

 

Driver Safety Rules
Driving on College business and/or driving a company vehicle while under the influence of drugs or alcohol is prohibited and will result in termination of employment.

No driver shall operate a College vehicle when his/her ability to do so safely has been impaired by illness, fatigue, injury, or prescription medication.

Cell phone use while driving should be kept to a minimum. Drivers must use hands-free devices when making or receiving phone calls while driving or pulling off the road during phone conversations.

Texting while driving is prohibited and under no circumstances may drivers send or read text messages while operating a vehicle for College business.

All drivers and passengers operating or riding in a College vehicle must wear seat belts. No unauthorized individuals can ride in College vehicles.

Drivers are responsible for the security of College vehicles assigned to them. The vehicle engine must be shut off, ignition keys removed, and vehicle doors locked whenever the vehicle is left unattended.

All State and local laws must be obeyed.

Accident Procedures
In an attempt to minimize the results of an accident, the driver must prevent further damage or injuries, obtain all pertinent information, and report it accurately.

• Call for medical aid if necessary.
• Call the police. All accidents, regardless of severity, must be reported to the police.
• Record the names and addresses of the driver, witnesses, and occupants of the other vehicles and any medical personnel who may arrive at the scene.
• Complete the form located in the vehicle accident packet. Pertinent information to obtain includes the license number of other drivers, insurance company names and policy numbers of other vehicles, make, model, and year of other vehicles, the date and time of the accident, and overall road and weather conditions. 
• Do not discuss the accident with anyone at the scene except the police. Do not accept any responsibility for the accident. Do not aargue with anyone.
• Provide the other party with your name, address, driver’s license number, and insurance information.
• Immediately report the accident to your supervisor, fleet coordinator, and human resources. Provide a copy of the accident report and/or your written description of the accident to the fleet office as soon as possible.

There will be a formal accident review conducted on each accident to determine the cause and how the accident could have been prevented.

All accidents in College vehicles, regardless of severity, must be reported to the police and the fleet coordinator's office. Accidents are to be reported immediately (from the scene, during the same day, or as soon as practicable if immediate or same-day reporting is not possible).

Accidents in personal vehicles while on College business must follow these same accident procedures. Accidents resulting in an employee’s injury must be reported to human resources for worker’s compensation purposes. Failing to stop after an accident and/or failure to report an accident may result in disciplinary action, up to and including termination of employment.

Employees Convicted of Violations of the Law
Colby Community College expects its employees (students, faculty, and staff) to follow the rules of conduct that will protect the interests and safety of fellow employees, students, and the College. When an employee is arrested for or convicted of a crime, a determination of whether to continue that employee’s employment will be made.

Practice

• An employee who has been arrested, charged, or indicted on any criminal violation of the law shall immediately notify his/her direct supervisor. The supervisor shall immediately notify the Human Resources Director or President, in writing. The President in conjunction with the Board of Trustees and/or guidance from a Legal consultant, will evaluate and determine the applicable action to take, including but not limited to unpaid administrative leave pending the outcome of the criminal proceeding.

If an employee has been placed on administrative leave and the criminal charges are dismissed or the employee is acquitted, the employee may be returned to employment. An employee’s failure to notify his/her supervisor in writing of a pending criminal proceeding against him/her shall result in a disciplinary action, up to and including termination of employment.

• An employee who has been convicted of a felony within the previous seven (7) years, including but not limited to offenses listed below, will not be eligible for continued employment with the College. An employee who has been convicted of a non-felony within the previous seven (7) years, including but not limited to offenses listed below, may be ineligible for continued employment with the College. The College reserves the right to discharge for certain felonies older than seven (7) years indicated on the criminal history report. Individual state regulations governing criminal convictions that are more restrictive supersede the College’s requirements in this policy.
  
  Factors such as pattern(s), timing, relatedness of the arrest or conviction to the employee’s position, as well as mitigating circumstances will be considered. Exceptions must be approved by the President.

Felony/non-felony offenses that preclude employment include:

1. Murder, homicide, manslaughter, or concealment of a homicide;
2. Kidnapping, child abduction, criminal child enticement, contributing to the delinquency of a minor;
3. Unlawful restraint or forcible detention;
4. Felonious assault, menacing, battery, stalking, or wanton endangerment;
5. Rape, sexual assault, sexual abuse, or any other unlawful sexual conduct;
6. Abuse or criminal neglect of the elderly, disabled, children, or otherwise incapacitated adult;
7. Robbery, burglary, or felonious theft, financial exploitation of the elderly, disabled, or otherwise incapacitated adult;
8. Criminal trespass;
9. Arson;
10. Unlawful possession of a firearm or weapon or aggravated discharge of a weapon;
11. Possession, distribution, manufacturing, or trafficking of controlled substances; and,
12. Forgery, criminal possession of a forged instrument, or fraud.

NOTE: The examples listed above are illustrative but are not intended as an all-inclusive list. Any questions regarding this policy should be directed to management. This policy does not modify the employment-at-will nature of the employee’s employment relationship with the College.

• Criminal conviction information shall be treated as confidential and shall only be released upon proper authorization.

[Adopted September 2017]
[Reviewed April 2021]
[Updated December 2023]