Human Resources Office - Abilene Christian University
Employment Policies and Procedures
Section 400: Standards of Conduct and Corrective Action
TABLE OF CONTENTS
- 410. Standards of Conduct
- 411. Conflict of Interest
- 412. Harassment, Including Sexual Harassment
- 413. Attendance Control
- 414. Solicitation and Distribution
- 415. Substance Abuse
- 416. Dress and Personal Appearance
- 417. The Use of Tobacco in the Workplace
- 418. Telephone Use
- 419. Office Equipment
- 420. Responsible Use of Information and Technology
- 430. Performance Improvement
- 440. Political Campaign Activity
Policy 410
October 1, 1995
Revised July 2004
STANDARDS OF CONDUCT
PURPOSE
To assure safe, efficient and harmonious operations and to fully inform all employees of their responsibilities in this regard.
SCOPE
This policy applies to all employees at ACU.
POLICY
The university's standards of conduct are established for the guidance of all employees. Interactions will lead to corrective action up to and including discharge (See Policy 420 Corrective Action).
BREACHES OF STANDARDS OF CONDUCT (Partial List)
- Falsifying employment application, time sheet, personnel record or other university documents.
- Sexual misconduct including conduct such as "sexual harassment," sexual assault or abuse, dating or carrying on a relationship while either the employee or the other party is married to yet a third person, sexual conduct outside of marriage, and homosexual behavior or activity.
- Illegal gambling, carrying weapons or explosives, or violating criminal laws on university premises.
- Fighting, horseplay, practical jokes or disorderly conduct which may endanger the well-being of others or university operations.
- Engaging in acts of dishonesty, fraud, theft or sabotage.
- Threatening, intimidating, coercing, using abusive or vulgar language or interfering with the performance of others.
- Insubordination or refusal to comply with instructions or failure to perform reasonable duties which are assigned.
- Unauthorized use of university material, time, equipment or property.
- Damaging or destroying university property through careless or willful acts.
- Conduct which the university determines reflects adversely on the employee or university.
- The use of tobacco or alcoholic beverages with or in the presence of students is always considered to be inappropriate, regardless of the location.
- Dating between and employee and a student is, under most circumstances, inappropriate and is strongly discouraged by the university. Prior to any such conduct, the employee must notify his or her supervisor. The supervisor will consult with appropriate university officials, including the vice president of the employee's division, to determine if the proposed conduct is acceptable to the university. Appropriate levels of confidentiality will be maintained. If the university determines that the proposed conduct is inappropriate, that decision will be communicated to the employee. Any failure by the employee to comply with this advance notice requirement or the decision of the university will be subject to strict disciplinary action, including suspension or termination.
This list is not intended to be representative of the types of activities which may result in corrective action. It is not intended to be comprehensive and does not alter the employment-at-will relationship between staff employees and the university.
Policy No. 411
January 1994
Amended: February 2008
CONFLICT OF INTEREST
I. PURPOSE
To protect the integrity of Abilene Christian University's information, products, services and employee efforts.
II. SCOPE
This policy applies to all full-time faculty and staff (hereinafter referred to as "employees").
III. DEFINITIONS
- "Outside work" includes non-university employment, consulting or research projects or any other personal business opportunities.
- A "conflict of interest" or "actual conflict of interest" exists when university employees have personal, professional or economic interests that interfere with their responsibilities or obligations to the university or oppose the best interests of the university. An "apparent conflict of interest" exists when an independent observer reasonably questions whether a conflict of interest exists.
By way of example, the following are circumstances and conditions where actual or apparent conflicts of interests may arise:- Engaging in outside work that interferes with the time commitment of employees to ACU or makes inappropriate use of university resources;
- Engaging in business transactions with the university of a private nature and unrelated to employment, such as purchasing or influencing the purchase of equipment or materials from companies in which employees or members of their immediate family have a material personal interest;
- Unauthorized and unreimbursed use of university property or resources for the benefit of outside work of employees or companies in which employees or members of their immediate family have a material personal interest;
- When engaging in outside work, allowing client(s) to believe that work is being done by or on behalf of the university or implying that certain personal ideas represent the university's position;
- Use of confidential or privileged information acquired as a result of employment with the university;
- Conducting research projects in coordination with or sponsored by governmental agencies or private business;
- Involving ACU students or other university employees in outside work if such involvement is coerced or if it conflicts with their commitments or obligations to the university; and
- Engaging in a business similar in nature to the university or service provided by the university or when spouses or other immediate family members of employees are engaged in such a business or service.
IV. POLICY
- Employees are expected to devote their best efforts to the interests of the university and the conduct of its affairs. Employees are also expected to avoid using their connection with the university for personal advantage.
- The university recognizes the right of employees to engage in activities outside of their employment at ACU of a private nature and unrelated to the university's business. However, prior to accepting any outside work, employees must first consider their primary obligations and responsibilities to the university and whether an actual or apparent conflict of interest could arise. Employees should not accept outside work that would create a conflict of interest. Additionally, because the appearance of a conflict of interest can be as detrimental as an actual conflict of interest, any apparent conflict of interest should also be avoided.
- Employees who have, directly or through family or business connections, an interest in suppliers of goods or services or in contractors with the university, should not act for the university or influence actions of the university in any transaction involving that interest.
- Employees should avoid accepting gifts of more than nominal value from any party that does or seeks to do business with the university. An employee should consult with his/her supervisor if unsure about whether to accept a gift.
- A policy of full disclosure will be followed to assess and prevent conflicts of interest from arising. In this regard, upon hire and once each year (on a date that will be determined and publicized by Human Resources), all employees will submit a completed Conflict of Interest Disclosure Statement to their immediate supervisor. Additionally, if at any time employees determine that an actual or apparent conflict of interest may be presented under any circumstances described in this policy, they should submit a Conflict of Interest Disclosure Statement to their immediate supervisor. Upon receipt of a Conflict of Interest Disclosure Statement, the supervisor, in consultation with the responsible Dean or Vice President (as applicable), will determine whether a conflict of interest exists and what conditions or restrictions, if any, should be imposed to reduce or eliminate such conflict.
- Failure to disclose conflicts of interest may lead to corrective action up to and including discharge. The university reserves the right to inquire and receive complete disclosure regarding actual or apparent conflicts of interest as it may deem appropriate.
Policy No. 412
Revised November 2000
Reviewed July 2004
HARASSMENT, INCLUDING SEXUAL HARASSMENT
PURPOSE
As a Christian community devoted to learning, Abilene Christian University has committed itself, unequivocally, to ensuring a working environment in which the dignity of every individual is respected. Basic civility and common courtesy require no less. Event at Abilene Christian University, however, breaches of civility may occur, making it appropriate for us to formalize our expectations of community conduct. Among these standards for conduct is our policy prohibiting harassment, including sexual harassment.
POLICY
This policy applies to all faculty, staff and students at Abilene Christian University. Every member of the faculty and academic staff, every employee, and every student should understand that incidents of harassment will not be tolerated at Abilene Christian University. Harassment is unchristian and uncivil behavior. It expresses disrespect. It abuses authority. It exploits and undermines relationships based on trust. It interferes with learning and productive work. In short, it is a breach of community. Moreover, depending on the circumstances, it violates our employee and student codes of conduct, the policy on Equal Employment Opportunity and federal and state laws prohibiting discrimination and harassment based on sex, gender, race, ethnic ancestries, or other type which impairs an employee's ability to perform the job in a reasonably comfortable and safe environment and comfortable environment while a student at the university.
According to the Equal Employment Opportunity Commission guide liens, sexual harassment is an act of discrimination on the basis of sex within the meaning of Title VII of the Civil Rights Act of 1964, as amended, and by the Texas Commission on Human Rights Act. sexual harassment is similarly construed within the meaning of Title IX of the Education Amendments of 1972 pertaining to academic life. In accordance with Title VII and Title IX, the university defines sexual harassment as the following:
- Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior, either verbal, physical or both, constitutes unwelcome sexual advances, requests for sexual favors, or when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status, (2) submission to, or rejection of, conduct by an individual is used as the basis for an employment decision or academic decision affecting that person, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
No one at ACU should have to experience sexual, or other forms of harassment - not from a teacher, not from a colleague, not from a supervisor, not from any member of this community, including employees of contractors with the university. Remedies are readily at hand. Those who believe they are being harassed have a right to object to this behavior by telling the perpetrator to stop. Further, those with complaints or concerns are strongly encouraged to promptly consult the Human Resources Office or Legal Service Office. Students, staff and faculty members may also consult other appropriate offices such as an academic adviser, a dean, or other administrative officer. Complainants are assured of appropriate confidentiality and are protected from retaliation for having reported the incident.
As part of Abilene Christian University's ongoing effort to enhance our environment for working and learning in a distinctive Christian environment, the Human Resources Office is charged with a special monitoring role with respect to cases of harassment. All supervisors and other individuals receiving complaints of harassment are required to report such incidents to either the Director of Human Resources of Legal Services, or both, before any action is taken in response to the complaint.
Beyond the policy itself and its enforcement, there remains a question of institutional culture. Each of us, by example, should make clear to those around us our rejection of harassment in all its forms. There must be no mistake about our determination to remove harassment from our campus as we strengthen our resolve to make Abilene Christian University a more civil and humane Christian community.
EXAMPLES OF PROHIBITED BEHAVIOR
Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment and which are strictly prohibited by this policy, include, but are not limited to:
- Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment and which are strictly prohibited by this policy, include, but are not limited to:
- Unwelcome sexual propositions, invitations, solicitations and flirtations.
- Threats or insinuations that a person's employment, wages, academic grade, promotional opportunities, classroom or work assignments or other conditions of employment or academic life may be adversely affected by not submitting to sexual advance.
- Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes of innuendos; unwelcome suggestive or insulting sounds or whistles; obscene phone calls.
- Sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or study area, that may embarrass or offend individuals. Such material, if used in an educational setting, should be clearly and significantly related to educational purposes.
- Suggestive or sexually explicit posters, calendars, photographs, graffiti, cartoons, including those generated from Internet or email sources.
- Unwelcome and inappropriate hugging or touching, such as rubbing or massaging someone's neck or shoulders, stroking someone's hair, or brushing against another's body, patting or pinching; obscene gestures.
- Sexually suggestive touching.
- Grabbing, groping, kissing, fondling.
- Violating someone's personal space.
- Leering, staring, stalking.
- Offensive letters, email, Internet images or transmissions or voicemail messages.
- Questions about one's sex life or experience.
- Sexual assault or rape.
- Consensual dating or sexual relationships which may reasonably lead to the appearance or reality of favoritism of a student or subordinate employee with whom the teacher or supervisor has such a relationship, and where such favoritism adversely affects either students and/or employees.
- Prohibited acts that constitute other forms of harassment, including gender, race and ethnic ancestries, may also take a variety of forms. Examples of the kinds of conduct that may constitute such harassment and which are strictly prohibited by this policy, include, but are not limited to:
- Threats or insinuations that a person's employment, wages, academic grade, promotional opportunities, classroom or work assignments or other conditions of employment or academic life may be adversely affected because of one's gender, race or ethnic ancestry.
- Unwelcome verbal expressions regarding one's gender, race or ethnic ancestry; the unwelcome use of degrading language, jokes, or innuendos directed at one's gender, race or ethnic ancestry.
- Objects, pictures, videotapes, audio recordings or literature, placed in the work or study area, that may embarrass or offend an individual because of his or her gender, race or ethnic ancestry. Such material, if used in an educational setting, should be clearly and significantly related to educational purposes.
- Leering, staring, stalking.
- Offensive posters, letters, emails, Internet images and transmissions, or voicemail messages.
- Non-Reprisal
No faculty, administrator or staff, applicant for employment, student or member of the public may be subject to restraint, interference, coercion or reprisal by any employee or student of the university for action take in good faith to seek advice concerning a harassment matter, to file a harassment complaint, or to serve as a witness or a panel member in the investigation of a harassment compliant. - Malicious, False Accusations
A compliant whose allegations are found to be both false and brought with malicious intent will be subject to disciplinary action which may include but is not limited to, written warning, demotion, transfer, suspension or dismissal.
PROCEDURES
To encourage persons who have experienced alleged harassment to come forward, the university provides several channels of communication and both informal and formal compliant resolution procedures.
Where to Go for Help
Legal Services - X2485
Faculty and Staff
Director of Human Resources - X2359
Students
Dean of Student Life - X2067
- Formal Complaint Resolution
- The filing of a written complaint is required for the matter to be formally investigated and a determination made as to whether a violation of the University policy prohibiting harassment has occurred.
- Formal complaints of harassment against a member of the faculty or staff are filed with the Director of Human Resources or the Legal Services Office. Those wishing to bring a formal compliant of harassment against a student should inform the Dean of Student Life or the Legal Services Office. A full, impartial, and timely investigation of all formal complaints will be conducted and/or coordinated by Legal Services.
- To the extent reasonably possible, complaints will be handled confidentially, with the facts made available only to those who have a compelling need to know for purposes of investigation or resolution. As a matter of policy, the appropriate administrator(s) and/or supervisor(s) will be notified of the complaint.
- An individual filing a formal complaint will be requested to prepare a detailed written statement (usually with 48 hours) setting out the specifics of the complaint and allegations. The respondent will be provided with a copy of the written statement, to which that individual will be required to respond in a timely manner and in writing (usually within 48 hours). During the course of the investigation, Legal Services and Human Resources for faculty and staff complaints and Legal Services and the Dean of Student Life for complaints against students will hear the compliant, the respondent, and witnesses identified by each party. Investigations will be conducted in a timely manner and every effort should be made to complete investigations as soon as possible consistent with the circumstances at hand.
- At the conclusion of the investigation for a compliant, the investigator will present to the appropriate administrative official(s) a written report, which will include the allegations, the investigatory process, the evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses. The appropriate university administrator(s) will make a determination as to whether there was a violation of the policy, will take necessary action, and will inform the complainant and the respondent of the final disposition of the complaint.
At any time after filing a formal complaint, before the investigation is completed, either the complainant or respondent, if either person is an employee or student of the university, or the university investigators, may request that the matter be referred to as hearing panel for the purpose of considering or perhaps resolving disputed factual issues as to what did and did not happen in any given case.
- Hearing Panel
At the beginning of each academic year, a pool of faculty, staff and students will be created on the basis of nominations from the Students' Association, the Director of Human Resources, and the Faculty Senate. The hearing panels are selected from this pool of investigators. Each panel comprising five members, at least two of each gender, if possible, and one person from Legal Services who will serve as chair. The chair will normally be non-voting, but will cast the tie-breaking vote when necessary. Panel membership will be dependent on the status of the parties involved in the complaint as follows:- When both parties in an alleged incident are students, the panel will include three faculty and two student members undergraduate and/or graduate as appropriate.
- When both parties are members of the faculty, the panel will be made up of faculty members.
- When both parties are members of staff, the panel will be made up of members of staff and/or administration.
- When the parties are from different constituencies, the panel will have a faculty member plus two members from each of the two constituencies.
- With respect to complaints brought by third parties (including but not limited to visitors and vendors), it is not the status of the third party but rather the status of the subject of the compliant that will d determine the composition of the panel.
The purpose of the hearing panel is to determine, to the best of its ability, the facts regarding the alleged sexual or other form of harassment. Prior to the hearing, the panel will meet to determine procedures for the conduct of the hearing in consultation with the investigators and with the parties involved. The panel will hear the complainant, the respondent, and witnesses called by each party, and will examine all evidence it deems necessary. The rights of both parties will be observed and privacy and confidentiality will be protected to the extent reasonably possible.
At the conclusion of its investigation, the panel will issue a written report to the appropriate administrator(s). Specifically in case 1) above, the report will be forwarded to the Provost and the Dean of Student Life, in case 2) to the Provost and the appropriate College Dean(s)/Academic Unit Director(s), and in case 3) to the appropriate vice president(s). In all other cases the reports will be forwarded to the two appropriate administrators. The panel's report will detail the allegations, the evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses. The panel may, if it wishes to do so, make recommendations for corrective action consistent with its findings of fact. The appropriate administrator(s) will determine whether there as been a violation of the University's policy prohibiting sexual or other form of harassment, and will take whatever disciplinary action is indicated.
An administrator's final decision may be appealed, on the basis of the record, to the President of the university, whose decision will be final. If a tenured faculty member is found to have violated this policy and if the discipline is determined to include termination, the university's Faculty Handbook procedures for special termination of tenured faculty will be followed.
- Information, Counseling and Informal Resolution
When employees or students feel they are being harassed or are uncertain as to whether what they are experiencing is harassment, may talk with an individual in a supervisory capacity. Such informal discussions can be conducted departmentally by deans, department chairs, heads of administrative departments, or by the Director of Human Resources, the Dean of Student Life, or the Legal Services office.
At this stage of the informal resolution process, the person seeking information and advice will be counseled as to the options for action available under this policy. To the extent possible, information disclosed through this advising process will be held in confidence, unless and until the initiating individual agrees to facilitate a solution. The aim of informal compliant resolution is not to determine whether there was intent to harass but to ensure that the alleged offending behavior ceases and that the matter is resolved promptly. No disciplinary action is taken in resolving informal complaints. For monitoring purposes, even informal complaints are to be reported to the Director of Human Resources or Legal Services. It is contemplated that most informal resolutions will be agreed upon by all parties. - Discipline
Anyone who violates this policy regarding sexual or another form of harassment will be subject to appropriate disciplinary action. Disciplinary measures available to remedy harassment include, but are not limited to, the following:- Verbal warning/reprimand;
- Written warning/reprimand in employee or student files;
- Requirement of verbal and/or written apology to victim;
- Mandatory education and training on harassment by means of reading assignments, videos, classes or other presentations;
- Referral for psychological assessment or treatment;
- In addition, if the harassment is severe or persistent, an individual who violates this policy may be subject to alternate placement, suspension, probation or termination. These penalties may be imposed even for first offenses which are severe or extreme.
In determining what disciplinary or corrective action is appropriate, the university shall consider the totality of the circumstances, including but not limited to:- Number of victims and harassers involved;
- Employment/student positions of the victims and harassers;
- Relevant portions of prior disciplinary record of the harasser;
- Disability status of the victim and/or harasser;
- Threatened or actual harm caused by the harassment;
- Frequency and/or severity of the harassment.
If there is a reasonable suspicion that the harassment involves sexual assault, rape or any other activity of a criminal nature, the university shall notify appropriate law enforcement authorities and immediately initiate appropriate proceedings as necessary to help assure the safety and security of the campus community.
Policy No. 413
January 1, 1994
Reviewed July 2004
ATTENDANCE CONTROL
PURPOSE
To provide a method to control employee attendance to maintain efficient operations.
SCOPE
This attendance control policy applies to non-exempt employees.
POLICY
Every employee has the responsibility to maintain a good attendance record. Supervisors will exercise the primary management-level responsibility to control employee attendance. Excessive employee absence or lateness are undesirable performance factors and will be managed by supervisors according to the procedures below.
DEFINITIONS
- Absence. An absence is defined as any absence from work during scheduled working hours (including overtime), excluding absence for work-incurred injuries, vacation, jury duty, death in the family or leave of absence without pay.
- Lateness. Lateness is defined as arrive to work, returning from break time, or returning from lunch later than normally scheduled.
- Leaving Early. Leaving early is defined as leaving work, leaving for break time, or leaving for lunch earlier than normally scheduled.
PROCEDURE
Supervisors will administer the attendance standards and procedures outlined below, regardless of employee position, eligibility for sick leave benefits or length of service.
Notification
- Advance Notice. Supervisors will require employees to give advance notice, when possible, of lateness or absence.
- Timing of Notice. If possible, notification calls must be made within one hours following the start of the employee's assigned shift.
- Employee to Maintain Contact. Supervisors will require employees to maintain contact for any period of absence beyond one day, unless the employee has provided a doctor's certification covering a specified period.
- Scheduling Absences. Employees who must be absent for personal reasons or medical appointments will be advised to schedule such appointments outside working hours, if possible. When the need for being absent from work is known in advance, the employee will notify the supervisor immediately. (See Policy No. 321, Unpaid Personal Time Off)
- Performance Appraisals. Employee attendance will be evaluated by each supervisor in connection with employee performance appraisals. The records of employees with attendance problems will be reviewed more frequently.
- University Action. Chronic absenteeism, lateness or other unusual infractions of attendance standards will be handled according to Policy No. 430, Corrective Action.
Policy No. 414
January 1, 1994
Reviewed July 2004
SOLICITATION AND DISTRIBUTION
PURPOSE
To ensure a productive work environment where employees and university operations may function without disruption.
SCOPE
This policy applies to employees and non-employees during work time and while on university premises.
POLICY
ACU strives to establish a work environment that is productive without undue disruptions to the work day. Therefore, soliciting by one employee of another, or collecting from one employee by another, is prohibited while either employee is on work time. Distributing literature and circulating petitions during work time or in work areas at any time is also prohibited. Finally, trespassing, soliciting or distributing literature by anyone outside the university is prohibited on university premises.
DEFINITIONS
"Work time" is all time on the premises other than before and after work and at meal periods.
Policy No. 415
January 1, 1994
Reviewed July 2004
SUBSTANCE ABUSE
PURPOSE
The university earnestly solicits the understanding and cooperation of all employees and employee organizations in implementing the policies set forth herein.
- To establish and maintain a safe, healthy working environment for all employees.
- To insure the reputation of the university and its employee as good, responsible citizens worthy of the trust placed in them.
- To reduce the incidence of accidental injury to person or property.
- To reduce absenteeism, tardiness and indifferent job performance.
- To provide assistance toward rehabilitation for any employee who seeks the university's help in overcoming addiction to, dependence upon, or a problem with alcohol or drugs.
- To comply with federal requirements for a drug-free environment.
SCOPE
This policy applies to all employees and applicants for employment
POLICY
The university has an obligation to its employees, students, and the public at large to reasonably ensure safety in our workplace. Consequently, the following are strictly prohibited and will result in immediate disciplinary action, up to discharge: reporting to work under the influence of intoxicating liquor or illegal drugs; or the use, possession, purchase or transfer by an employee on university premises or property (such as storage in a desk, locker, vehicle or other personal property), or during work time, of an intoxicating liquor, controlled or illegal substance, a drug not medically authorized, or any other substances which impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees; or the sale of such item.
DEFINITIONS
- Alcohol or alcoholic beverages means any beverage that may be legally sold and consumed and that has an alcoholic content in excess of .5% by volume.
- Drug means any substance (other than alcohol) capable of altering the mood, perception, pain level, or judgment of the individual consuming it.
- Prescribed drug means any substance prescribed for the individual consuming it by a licensed medical practitioner.
- Illegal drug means any drug or controlled substance, the sale or consumption of which is illegal.
PROCEDURES
Employee Assistance Program
An employee who feels he or she has developed an addiction to, dependence upon, or problem with alcohol or drugs, legal or illegal, is encouraged to seek assistance. Assistance may be sought by writing in confidence to, or asking for a personal appointment with, the Director of Human Resources. Each request for assistance will be treated as confidential by the Director of Human Resources and only those persons "need to know" will be made aware of such requests.
The Director of Human Resources will be responsible for developing contacts with local hospitals and community organization offering alcohol or drug treatment programs, and for referring employees seeking assistance to an appropriate treatment organization.
Rehabilitation itself is the responsibility of the employee. However, any employee eligible for the university's group medical plan seeking medical attention for alcoholism or drug addiction will be entitled to the special limited alcoholism or drug addiction benefit of the university's group medical plan in effect at the time of rehabilitation. During enrollment in a formal treatment program, sick leave and/or vacation pay may be used.
To be eligible for continuation in employment on a rehabilitation pay basis, the employee must have been employed at least one year; must maintain at least weekly contact with the Human Resources Office; and must provide certification that he or she is continuously enrolled in a treatment program and actively participating in that program. Upon successful completion of treatment, the employee will be returned to active status without reduction of pay or seniority.
Rejection of Treatment -- Failure of Rehabilitation
Any employee suffering from an alcohol or drug problem who rejects treatment or who leave a treatment program prior to being properly discharged will be immediately discharged. No employee will be eligible for this Employee Assistance Program more than one time. The recurrence of an alcohol or drug problem will be cause for discharge.
Alcoholic Beverages
No alcoholic beverages will be brought into or consumed upon university premises. Drinking or being under the influence of alcoholic beverages while on duty is cause for discharge.
Prescription Drugs
No prescription drug shall be brought upon university premises by any person other than the one for whom the drug is prescribed by a licensed medical practitioner, and shall be used only in the manner, combination, and quantity prescribed.
Any employee whose abuse of prescription drugs results in excessive absenteeism or tardiness or is the cause of accidents or poor work will be referred to the Employee Assistance Program for rehabilitation. If the employee refuses of rails rehabilitation, he or she shall be discharged.
Illegal Drugs
The use of an illegal drug or controlled substance or the possession of same on or off duty is cause for discharge.
Employment of Persons Addicted to or Dependent Upon Alcohol or Drugs
A person presently using illegal drugs or having a history or alcohol or drug dependency will not be knowingly employed unless there is sufficient evidence of rehabilitation satisfactory to the university.
Policy No. 416
January 1, 1994
Reviewed July 2004
DRESS AND PERSONAL APPEARANCE
PURPOSE
To establish guidelines for appropriate dress and appearance during normal business hours at the university.
SCOPE
This policy applies to employees at ACU.
POLICY
Employees are expected to maintain an appropriate appearance that is businesslike, neat and clean as determined by the requirements of the area in which the employee works. Appropriate appearance includes:
- Apparel. Employees should wear appropriate and clean attire. The following is a list of some examples of inappropriate dress, but is not all inclusive:
- Faded and/or tattered jeans, shirts without collars or shirts displaying advertising or writing.
- Overalls, sweatshirts/pants, jogging suits, shorts or tank tops.
- Any clothing with spaghetti straps, any clothing that reveals bare backs, midriffs or shoulders, or any revealing or provocative clothing.
- Hair. Hair should be clean, combed and neatly trimmed or arranged. This pertains to sideburns, moustaches and beards. Shaggy, unkempt hair is not permissible.
- Personal Hygiene. Good personal hygiene habits must be maintained.
PROCEDURE
The supervisor is responsible to evaluate the dress and appearance of employees under his or her supervision. If an employee is not dressed appropriately, the following steps should be taken by the supervisor:
- On the first occasion, an oral warning should be given to the employee, and the university's dress and appearance standards should be reviewed.
- On the second occasion, the employee should be sent home to change clothes immediately as well as given a written warning. Pay for the day that the employee is sent home begins when the employee returns to work.
- Further violations may result in discharge.
Policy No. 417
January 1, 1994
Reviewed July 2004
THE USE OF TOBACCO IN THE WORKPLACE
PURPOSE
To provide a safe and healthy workplace.
SCOPE
This policy applies to employees and visitors at ACU.
POLICY
The use of tobacco is strictly prohibited on campus.
DEFINITION
The use of tobacco means inhaling, exhaling, burning or carrying any lighted smoking equipment for tobacco, as well as the use of any smokeless tobacco.
Policy No. 418
January 1, 1994
Reviewed July 2004
TELEPHONE USE
PURPOSE
To provide guidelines for using university telephones.
SCOPE
This policy applies to all employees at ACU.
POLICY
Efficient telephone service is vital to university business. Employees must adhere to the following guidelines:
- Answer all calls promptly and courteously.
- Hold personal calls, both incoming and outgoing, to emergencies or essential personal business and keep them as brief as possible.
- No personal long distance calls will be allowed.
Policy No. 419
January 1, 1994
Reviewed July 2004
OFFICE EQUIPMENT
PURPOSE
To provide guidelines for using university office equipment.
SCOPE
This policy applies to all employees at ACU.
POLICY
Office equipment such as computers, copiers, fax machines, and like items are to be used for university purposes only. Any malfunction of the equipment should be immediately reported to the employee's supervisor. Misuse of university property may lead to corrective action.
During the course of employment, each employee will be working with students, student lists, business systems, future plans, R&D data and other information that the university considers confidential. Employees must protect this information by safeguarding it when in use, filing it properly when not in use nuse, and discussing it only with those who have a legitimate need to know.
The responsible Use of Information and Technology Policy can be accessed at: Policy for the Responsible Use of Information and Technology Resources.
Policy No. 430
April 1, 1997
Reviewed July 2004
PERFORMANCE IMPROVEMENT
PURPOSE
To set forth general supervisory guidelines for a performance improvement process aimed to document and correct undesirable employee conduct, as well as, develop or improve specific job skills or behaviors.
SCOPE
This policy applies to staff employees at ACU.
POLICY
The university seeks to establish and maintain standards of employee conduct and supervisory practices which will, in the interest of the university and its employees, support and promote effective business operations. Such supervisory practice include administering the Performance Improvement Plan when employee conduct or performance problems arise. It is also a tool to be used for the development or improvement of pre-determined job skills or behaviors. Major elements of this policy generally include:
- Constructive effort by the supervisor to help employees achieve fully satisfactory standards of conduct and job performance.
- Correcting employee shortcomings or negative behavior to the extent required.
- Notice to employees through communicating this policy that discharge will result from continued or gross violation of employee standards of conduct or unsatisfactory job performance.
- Written documentation of disciplinary warnings given and corrective measures taken.
- Documentation of performance improvement will become part of the employee's personnel record.
OPTIONS FOR PERFORMANCE IMPROVEMENT
Depending on the facts and circumstances involved in each situation, management may choose to begin the Performance Improvement Plan at any step up to and including immediate discharge. However, in most cases, the following steps should be followed:
- Oral Warning. The employee's supervisor should have a verbal discussion with the employee in private. During that meeting the supervisor should:
- Discuss with the employee the unacceptable behavior. Included in this discussion should be the who, what, when, where, how and why of the incident.
- Explain why the behavior is unacceptable; violated ACU policy or procedure; negatively impacts work flow; or is a performance issue.
- Suggest ways for the employee to improve their behavior to meet standards.
- Inform the employee that the verbal conference is the first step in the disciplinary procedure and further instances of unacceptable behavior will initiate progressively more serious disciplinary action, up to and including termination.
- Document the nature, content and date of the oral warning with a memo to the employee file. Original form should be mailed to the Director of Human Resources in a sealed confidential envelope.
The oral warning may be repeated several times as the supervisor deems necessary. Specific time limits should be set on improving the behavior in question.
- Written Warning Notice. A written warning should occur if the behavior is not corrected following the verbal discussion(s). The counseling should contain the following:
- Describe the incident, noting any verbal discussion, which occurred prior to the written counseling. Give specific dates, times and a summary of what was said.
- Inform the employee what must be done to correct or improve the unacceptable behavior. Be specific.
- Discuss with the employee the training or directive necessary to achieve the desired goals.
- Set a specific time limit when correction or acceptable improvement should be noticed. The supervisor should have a follow-up meeting with the employee at the appointed time to discuss the program.
- State what disciplinary action will be taken if such behavior is not corrected or occurs again. Indicate that additional action may include termination.
- Have the employee sign and date the written warning indicating that the conversation did take place. If the employee refuses to sign, indicate the refusal on the employee signature line, initial and date it yourself. Original copy of the written warning should be sent to the Director of Human Resources in a sealed confidential envelope.
- Probation. Should further instances of unacceptable behavior occur, or should the employee fail to improve, the next step should be probation. An employee should be placed on probation for a period of at least 30 days. Probation is defined as a period of time during which further unacceptable behavior or further instances of misconduct by the employee will result in termination of employment. Upon successful completion of the probationary period, a follow-up written conference should be held documenting that the probationary period is over. However, if the behavior occurs again, discipline may proceed with the next step, suspension or discharge.
- Suspension. The nature of certain types of misconduct warrant placing an employee on suspension (in lieu of probation) and may be followed by a probationary period. A suspension is an imposed temporary absence from duty without pay. The purpose of this step is to make certain that the employee is aware of the seriousness of his or her behavior. Once again, continued errant behavior will result in further disciplinary action up to and including discharge.
- Discharge. For infractions deemed to be sufficiently serious, or continued failure to respond appropriately to prior corrective action, discharge is appropriate. The approval of the employee's vice president and the Director of Human Resources must be obtained prior to the discharge of an employee under any circumstances.
POLITICAL CAMPAIGN ACTIVITY
I. PURPOSE
To promote civic involvement while protecting Abilene Christian University's status as a federal income tax exempt organization under Section 501(c)(3) of the Internal Revenue Code.
II. SCOPE
This policy applies to all ACU employees. Where applicable, this policy also applies to all students and student organizations.
III. STATEMENT OF LAW
Section 501(c)(3) of the Internal Revenue Code prohibits tax-exempt organizations, such as ACU, from participating or intervening in political campaigns on behalf or in opposition to any candidate for public office. Accordingly, the university may not endorse a candidate, provide or solicit financial or other forms of support for candidates or political organizations, or establish political action committees. Violations of these prohibitions could result in loss of the university's tax-exempt status, imposition of taxes on the institution and its responsible managers, federal or state government lawsuits, audits, investigations or other penalties.
IV. POLICY
ACU's policy on employee political campaign activity is established for the guidance of all employees, but it cannot expressly address every potentially prohibited activity under the federal law. The policy addresses all levels of political activity, up to and including filing and running for elected office, and offers a framework from which employees can safely exercise their constitutional rights to free speech and association while also respecting the prohibitions against inappropriate political involvement by non-profit organizations and their employees.
- Pursuit of Elected Office
- If employees plan to undertake public office or seek leave for that purpose, they should first consider primary obligations and responsibilities to the university and also consider potential problems the political activity could create for the university. In short, employees are free to seek elected office provided that it does not interfere with their obligations as employees of the university. In order to determine the feasibility of pursuing elected office consistent with obligations of employees to the university, employees will consult with their supervisor.
- Employee candidates may use their documented, official university title for identification purposes, provided that a reasonable person would not infer that it was an endorsement by the university.
- Individual Involvement in Campaigns - Employees, in their individual capacity, may involve themselves in support or in opposition to political candidates and campaigns pursuant to the following provisions:
- Individual political activity of employees must not interfere with the execution of their duties or responsibilities to ACU.
- Employees must not engage in political advocacy at ACU functions or through official university publications, unless they are a legally qualified candidate for public office and the activity is consistent with other provisions for candidate appearances in this policy.
- If employees are identified by their ACU affiliation in connection with their individual political activity (e.g. an endorsement in a political advertisement), they must ensure that:
- A clear and unambiguous message is also included indicating that they are acting on their own behalf and not at the direction or on behalf of ACU, so that a reasonable person would not believe the communication or activity to be an endorsement by ACU; and
- The affiliation is their documented, official ACU title.
- Use of University Facilities and Resources
- ACU employees may not use or provide university resources including, but not limited to university mailing lists, office space, property, telephones, technology, photocopying, or personnel to support or oppose a political candidate, campaign, party, action committee or group.
- ACU and its employees may not use institutional letterhead or email in support of or in opposition to a candidate, campaign, political party, or political action committee. Unsolicited interoffice communications, including but not limited to email and other digital communications, in support or against a candidate for public office are prohibited. Moreover, ACU or its employees may not place political advertising (e.g. signage) on university property, and no political candidate or non-student political group should be permitted to place political advertising on university property.
- Subject to university policies on permission and scheduling, recognized student organizations may use ACU facilities for partisan political purposes, so long as they pay the usual and normal charge, if any, for such use. However, prolonged partisan use of ACU facilities should be avoided.
- Individual students may not place political advertising (e.g. signage) on university property. However, subject to other relevant university policies, recognized student organizations may temporarily post political advertising (e.g. signage) on university property during their on-campus events.
- Candidate Appearances - ACU and its employees and student groups may invite candidates for political office to appear in their candidate capacity only if the candidate appearance meets and adheres to the following:
- The appearance consists of speeches, question-and-answer sessions, or similar communications in an academic setting;
- No political fundraising occurs;
- It is made clear that ACU takes no position with regard to the candidate; and
- All candidates seeking the same office must be provided an equal opportunity to appear.
- Academic CourseS and Schedules - Academic coursework may require that students participate in political campaigns of their choice, but only if the university and the related faculty neither influence the students' choice of candidate nor control their campaign work. Students may be excused from classes for which the assignment was given in order to fulfill these requirements. ACU may (but is not required to) rearrange class or work schedules to permit members of its community to participate in the election process, provided that it is done without reference to particular candidates or political parties.
- Advertising in University Publications - ACU publications may accept paid political advertising as long as it is accepted on the same basis as other nonpolitical advertising and not attributed to the university's own views. The publication should ensure that the advertisement is identified as paid political advertising and must also make advertising space available to all candidates on an equal basis.
- Student Publications - Student publications may run editorials expressing the editors' views on candidates for public office, provided that the publication's editorial policy is free of editorial control by university administrators or faculty advisors with respect to such views. A statement on the editorial page must indicate that the views expressed are those of the student editors and not those of ACU. The university may provide financial and administrative support to such publications.
- Issue Advocacy - ACU and its employees may engage in permissible lobbying and public policy education activities within the constraints ordinarily applicable to such activities conducted by universities, provided that heightened, different, or targeted lobbying and public policy education activities do not coincide with campaign events.
- Political Contributions and Fundraising - Employees may, in their individual capacity and in accordance with all applicable state and federal laws, donate or raise non-university funds in support of candidates for public office, political campaigns, political parties or political action committees. ACU may not reimburse employees for political contributions.
- Political Appointments - Employees may accept political appointments to any level of government service consistent with other provisions in this policy.
V. FORMAL COMPLAINT RESOLUTION
Any complaint regarding a violation of this policy against prohibited political campaign activity must be made in writing, outlining the facts surrounding the violation and the section of the policy allegedly violated. Complaints concerning university employees should be submitted to the Human Resources Office, while complaints concerning students or student organizations should be submitted to the office of the VP for Student Life/Dean of Students.
Any investigation of all formal, written complaints involving employees will be conducted or coordinated by Human Resources. An investigation of all formal, written complaints involving students will be conducted or coordinated by the office of the VP for Student Life/Dean of Students. To the extent reasonably possible, complaints will be handled confidentially by the coordinating office, with the facts made available only to those who have a need to know for purposes of investigation or resolution. The coordinating office will make a determination as to whether there was a violation of the policy, ensure that appropriate university administrator(s) take necessary action, and inform the complainant and the respondent of the final disposition of the complaint.
