Human Resources Office - Abilene Christian University
Employment Policies and Procedures
Section 400: Standards of Conduct and Corrective Action
TABLE OF CONTENTS
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)
This list is 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
IV. POLICY
Responsible Department: Human Resources
Responsible Administrator: Associate Vice President for Human Resources
Effective Date: October 5, 2009
Date of Scheduled Review: October 5, 2013
ANTI-HARASSMENT POLICY
I. PURPOSE
As a Christian community, Abilene Christian University has committed itself, unequivocally, to ensuring a working and learning environment in which the dignity of every individual is respected. Therefore it is the purpose of this policy to maintain a work and academic environment that is free of harassment, sexual or otherwise.
II. SCOPE
This policy applies to all members of the ACU community, including trustees, faculty, staff, students, and volunteers at Abilene Christian University.
III. POLICY
A. Prohibition Against Harassment. Harassment, as defined in Section IV, will not be tolerated at Abilene Christian University. Harassment is unchristian and uncivil behavior. It expresses disrespect. 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 may violate federal and state laws prohibiting discrimination and harassment based on sex, religion, race, age, color, national origin, covered veteran's status or disability.
B. Responding to and Reporting Harassment. Any person who experiences harassment or who otherwise becomes aware of such an incident may object to this behavior by telling the perpetrator to stop and should promptly report the incident pursuant to this policy (See Section V.). Such harassment allegations must be made in good faith. A harassment complainant whose allegations are found to be deliberately false and malicious will be subject to disciplinary action which may include but is not limited to, written warning, demotion, transfer, suspension or dismissal.
C. Non-Reprisal. No member of the ACU community (including but not limited to university contractors or vendors) may be subject to restraint, interference, or reprisal by any employee or student for actions taken in good faith to seek advice concerning a harassment matter, file a harassment complaint, or participate in a harassment investigation or appeal. Moreover, because a claim of harassment is not proof of prohibited conduct, a claim shall not be taken into account during performance review, promotion, reappointment, or other evaluation unless a final determination has been made that this policy has been violated. If necessary and appropriate, such decisions shall be deferred until the claim is resolved.
D. Notification and Training – In an attempt to prevent harassment, ACU will provide all employees and students with annual notification regarding the anti-harassment policy and offer periodic harassment training for certain faculty, staff members, and officers of student clubs and organizations, who will be required to participate in such training.
IV. DEFINITIONS AND EXAMPLES
A. “Harassment” – unwelcomed behavior or conduct based on sex, religion, race, age, color, national origin, veteran's status, disability, or any other characteristic protected by law when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education, or participation in University programs or activities, (2) submission to, or rejection of, such conduct by an individual is used as the basis for a decision affecting an individual’s employment, education, or participation in University programs of activities, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive environment for work, education, or participation in a University program or activity. It should be noted that the University is exempted from certain legal prohibitions against religious discrimination as set out in its Nondiscrimination Policy. Moreover, this definition does not intend to give individuals any protection greater than that afforded by the applicable law with respect to religious discrimination.
B. “Sexual Harassment” - Unwelcome sexual advances, requests for sexual favors, and other behavior or conduct of a sexual nature constitute sexual harassment when conditions (1), (2) or (3) under the definition of “Harassment” are met.
C. Harassing “Behavior or Conduct” - Harassment can be verbal, visual, physical or communicated in writing or electronically. Harassment can occur under the guise of humor; the victim as well as the harasser may be a woman or a man; the victim does not have to be of the opposite sex; the harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or a non-employee such as a vendor or customer; the victim does not have to be the person harassed but could be anyone affected by the offensive conduct; and unlawful sexual harassment may occur without economic injury to or discharge of the victim. Examples of the kinds of conduct that may constitute harassment and which are strictly prohibited by this policy include, but are not limited to the following:
1. Sexual Harassment:
a. Unwelcomed sexual propositions, invitations, solicitations and flirtations.
b. Threats or insinuations that a person's status or other condition may be either adversely affected by not submitting to sexual advance or positively affected by submitting to sexual advance.
c. 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 or innuendos; unwelcome suggestive or insulting sounds or whistles; obscene phone calls.
d. 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.
e. Suggestive or sexually explicit posters, calendars, photographs, graffiti, cartoons, including those generated from Internet or email sources.
f. 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.
g. Sexually suggestive touching.
h. Grabbing, groping, kissing, fondling.
i. Violating someone's personal space.
j. Leering, staring, stalking.
k. Offensive letters, email, text messages, posts on social networking cites, internet images or transmissions or voicemail messages.
l. Questions about one's sex life or experience.
m. Sexual assault or rape.
n. 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.
2. Other Types of Harassment
a. Threats or insinuations that a person's status or other condition of employment or academic status may be adversely affected because of one's sex, religion, race, age, color, national origin, veteran's status, disability, or any other characteristic protected by law.
b. Unwelcome verbal expressions, derogatory comments, epithets, degrading jokes, or innuendos regarding one's gender, religion, race, age, color, national origin, veteran's status, disability or any other characteristic protected by law.
c. Posting objects, pictures, videotapes, audio recordings or literature that may embarrass or offend an individual because of one’s gender, religion, race, age, color, national origin, veteran's status, disability, or any other characteristic protected by law. Such material, if used in an educational setting, should be clearly and significantly related to educational purposes.
d. Leering, staring, stalking.
e. Offensive posters, letters, emails, text messages, Internet images and transmissions, or voicemail messages.
V. PROCEDURES
A. Reporting or Inquiring About Harassment - A complaint may be filed formally or informally. However, whether an individual files a formal or informal complaint, if the University becomes aware of conduct which may violate this policy, the University will take appropriate remedial action, which may include an investigation of the conduct.
i. Informal Complaint – Before filing a formal complaint, some people may wish to informally confront the conduct or may be uncertain as to whether what they are experiencing is harassment. Informal complaints should be made using the following reporting structure, which is also outlined in the linked chart:
a. If the alleged offender is a Trustee or University Officer: report to the Board Chair or to the Office of Legal Services.
b. If the alleged offender is a faculty member: report to your dean. If it is not appropriate to report to the dean for any reason, report to the Provost.
c. If the alleged offender is a staff member: report to your immediate supervisor. If it is not appropriate to report to your immediate supervisor for any reason, report to your supervisor's superior.
d. If the alleged offender is a student or student employees: report to the Vice President for Student Life. If the incident relates to a student’s employment at ACU, report to your immediate supervisor or the Vice President for Student Life.
e. If the alleged offender is a volunteer: report to the university employee who coordinates their volunteer activity. If it is not appropriate to report the violation to the coordinator for any reason, the volunteer should report to the coordinator’s superior.
f. In the alleged offender is an alumnus, vendor, or guest – report to the Office of Legal Services.
Instead of or in addition to the administrator listed above, employees may report directly to Human Resources and students may report directly to the Vice President for Student Life regardless of the category of the alleged offender.
Regardless of who receives the initial complaint, administrators should notify Human Resources (in cases involving faculty or staff) and/or the Vice President for Student Life (in cases involving students) for consultation and monitoring purposes.
The complainant will be counseled as to the options for resolving the matter including filing a formal complaint. An informal resolution might take the form of the administrator clarifying to the offending party the kind of behavior that may be deemed objectionable and securing the cessation of such behavior; it might also take the form of clarifying to the complaining party that the incident does not constitute harassment. When valid complaints are resolved informally, the offending party should be cautioned that repetition of such conduct could lead to formal complaint or investigation. The administrator may encourage moving to a formal complaint when the complaint has a sufficient degree of seriousness or is a repetition of previous complaints so as to indicate that informal resolution has been inadequate.
Nothing in this informal complaint process is meant to discourage an individual from filing a formal complaint, nor imply the informal complaint will not be considered serious and the appropriate action taken. A person may first try to resolve the matter informally and later file a formal complaint.
2. Formal Complaint - Beyond an informal resolution, there are two formal reporting options: traditional and anonymous.
a. Traditional Reporting - When possible, formal complaints should be reported using same reporting structure outlined above (assuming there is no need for anonymous reporting). Regardless of who receives the initial complaint, administrators should immediately notify Human Resources (in cases involving faculty or staff) and/or the Vice President for Student Life (in cases involving students) before any action is taken in response to the complaint..
b. Anonymous Reporting - If for any reason an individual finds it difficult to use one of the traditional reporting structures, they may submit an anonymous report to EthicsPoint, an independent third-party provider, using its toll-free hotline or website. The anonymous reports are provided to the appropriate ACU administrators for investigation. More information about submitting an anonymous report using EthicsPoint can be found on their website and in ACU’s Whistleblower Policy.
B. Investigation
1. Investigator and the Investigation - After receiving a formal report or determining that an informal report warrants investigation, Human Resources and/or the Vice President for Student Life (in consultation with Legal Services) or their designees will conduct a timely and impartial investigation. ACU also reserves the right to retain an outside investigator to conduct the investigation. The accuser will be provided with a written complaint outlining the alleged violations of the policy to which he or she will be asked to respond in writing. If additional allegations arise during the course of the investigation, the accused will be provided with a revised written complaint. The remainder of the investigation will typically consist of (but will not necessarily be limited to) interviews of the individual who made the complaint (either face to face or through EthicsPoint), the person or persons against whom the complaint was made, and other individuals with relevant knowledge. During the course of the investigation, reasonable efforts will be made to keep both the complainant and alleged perpetrator informed regarding the investigation’s status. Additionally, when necessary, ACU may bar an individual from his/her office, campus housing or the campus during the investigation.
2. Criminal Activity - 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.
3. Reasonable Person Standard - A “reasonable person standard” will be used in conducting the investigation. This means that in addition to assessing whether the complainant subjectively felt harassed, there is also an assessment of whether a reasonable person in the complainant’s situation would have felt harassed or retaliated against.
4. Confidentiality – The investigation will be conducted with as much privacy, discretion and confidentiality as possible without compromising the thoroughness and fairness of the investigation. However, the University cannot guarantee complete confidentiality, for example, where it would conflict with the University’s obligation to investigate meaningfully, take corrective action, or comply with the intent of this policy or legal obligations. Moreover, the investigator may discuss the complaint with witnesses and those persons involved in or affected by the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.
5. Investigator’s Report - At the conclusion of the investigation, the investigator will provide sufficient information regarding the investigation to the appropriate administrative official(s) to allow the official to make a determination as to whether there was a violation of University policy and if so, what discipline is appropriate. The information provided by the investigator may address such issues as the allegations, the accused’s response, the investigatory process, the evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses.
6. Determination - Before making the determination as to whether there was a violation of University policy and if so, what discipline is appropriate, the administrator may appoint a panel (which the administrator will chair) to assist him or her in making decisions regarding the entire case or just disputed facts when presented by the investigator’s report. After a determination is made, the administrator (or panel) will inform the complainant and the respondent of the final disposition of the complaint. If it is determined that a violation has occurred, the administrator (or panel) will provide the respondent with a written determination which outlines the appropriate discipline.
C. Discipline - Anyone who violates this policy will be subject to appropriate disciplinary action. Disciplinary measures available to remedy harassment or retaliation include, but are not limited to, the following:
1. Verbal warning/reprimand;
2. Written warning/reprimand in employee or student files;
3. Requirement of verbal and/or written apology to victim;
4. Mandatory education and training on harassment by means of reading assignments, videos, classes or other presentations;
5. Referral for psychological assessment or treatment;
6. Alternate placement, suspension, probation or termination; or
7. Other action ACU deems appropriate under the circumstance.
D. Considerations in Determining Discipline. In determining what disciplinary or corrective action is appropriate, the university shall consider the totality of the circumstances, including but not limited to:
1. Number of victims and harassers involved;
2. Employment/student positions or status of the victims and harassers;
3. Relevant portions of prior disciplinary record of the harasser;
4. Threatened or actual harm caused by the harassment;
5. Frequency and/or severity of the harassment.
If a student or student groups are found to be in violation of this policy, any of the sanctions set forth in the ACU Student Code of Conduct may also be involved.
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.
E Appeal – An administrator’s determination may be appealed to the President of the University, whose decision will be final. The appeal must be submitted to the President’s Office in writing within seven (7) calendar days after receiving the administrator’s written determination and should state specifically the rationale for the appeal.
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
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
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.
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
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:
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:
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:
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.
The Whistleblower Policy and information about submitting an anonymous report using EthicsPoint can be accessed at: Whistleblower Policy. Back to the top
The Cell Phone Policy can be accessed at: Cell Phone Policy.
The Identity Theft Policy can be accessed at: Identity Theft Policy.
Policy No. 424
RECORDS MANAGEMENT POLICY
JULY, 2009
The Records Management Policy can be accessed at: Policy on Records Management.
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:
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:
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.
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.