Chapter 330: Employee Conduct

330.010 Personal Conduct of Employees

kuscheld — Thu, 27 May 2010 18:52:48 +0000

330.010 Personal Conduct of Employees kuscheld Thu, 05/27/2010 - 18:52

Bd. Regs. 1949.

The personal conduct at all times of any employees of the University shall be of such a nature as not to bring discredit upon the institution. Conduct contrary to this policy will result in the termination of such employees' connection with the University.

330.015 Policy on Conflict of Interest

kuscheld — Thu, 27 May 2010 18:54:00 +0000

330.015 Policy on Conflict of Interest kuscheld Thu, 05/27/2010 - 18:54

Bd. Min. 1-25-90, Amended 10-05-07, Amended 11-29-07, Amended 3-22-11, Amended 7-27-12, Amended 6-17-16; Amended 4-9-20; Amended 7-28-20; Amended 9-12-24.

Conflict of Interest -- General Provisions
1. Applicability. This policy is applicable to all Employees of the University as defined herein. Additionally, for research involving human subjects, researchers and certain University officials must also comply with Collected Rules and Regulations (“CRR”) 410.020 pertaining to Institutional Conflicts of Interest in Human Subjects Research. Likewise, investigators on funded or proposed NSF or PHS research or educational activities must also comply with CRR 420.030.
2. Policy. Employees shall faithfully discharge their duties and shall refrain from knowingly engaging in any outside matters of financial interest or commitment incompatible with the impartial, objective, and effective performance of their University Responsibilities and in the conduct of University affairs. They shall not realize personal gain in any form which would influence improperly the conduct of their University Responsibilities. They shall not improperly use University property, funds, confidential or proprietary information, students, position or power for personal or political gain. They shall inform their chairpersons/supervisors in writing of their Outside Interests. Compliance with this policy promotes objectivity in research by establishing standards that provide a reasonable expectation that the proposal, design, conduct, and reporting of research will be free from bias resulting from Employee conflicts of interest.
3. Sanctions. Conduct by an Employee that violates the University's policies, regulations or rules pertaining to conflict of interest shall constitute a breach of the employment contract and may lead to disciplinary action. The Conflict of Interest Committee may make a determination of a violation of this policy and will report such violation to the Chancellor. After the finding of a violation, the Chancellor of each campus, in consultation with the respective Conflict of Interest Committee, may apply sanctions, including but not limited to, one or more of the following:
  1. Letter of warning or admonishment.
  2. Suspension or termination of research compliance committee approvals.
  3. Suspension or termination of the privilege to submit sponsored activity proposals.
  4. Suspension or termination of sponsored research activity spending authority.
  5. Demotion or removal from assigned administrative roles.
  6. Referral to campus Committee on Tenure or other appropriate committee for discipline or dismissal for cause of faculty.
  7. Suspension or termination of employment (pursuant and subject to CRR 310.060, Procedures in Case of Dismissal for Cause, for those faculty covered by that rule).
Definitions
1. “Employee” means:
  1. Any person receiving compensation from the University for services rendered, regardless of whether the person is benefit eligible or non-benefit eligible (e.g., full-time or part-time), or classified under other sections of the CRR as Academic Staff or Administrative, Service and Support Staff;
  2. Any person receiving compensation paid through the University from any funds placed in its hands for distribution; or
  3. Any person that has voluntarily elected to enter into an agreement or an agreement entered into on their behalf with the University to be treated as an “Employee” for purposes of this policy. For purposes of this policy, the receipt of compensation shall not be interpreted to include:
    1. Receipt of student financial aid, including but not limited to, scholarships, grants, loans, tuition waivers and educational fee reductions, generally available to University students and unrelated to any provision of services by the student to the University; or
    2. Payments to independent contractors.
2. “Outside Interest” means:
  1. An employment, consulting, or other professional activity or service, paid or unpaid, for a third party that is not part of the Employee's University Responsibilities, and such activity or service for the third party nonetheless relates to work within the scope of the Employee's University Responsibilities. This includes, without limitation, any activity or service that involves the use of the Employee's expertise, the practice of the Employee's profession, or any activity or service that contributes to the Employee's professional competence or development; or
  2. A direct or indirect financial interest in an entity that proposes to do business or is doing business with the University; or
  3. A direct or indirect financial interest in an entity that proposes to acquire or has acquired rights to University owned intellectual property; or
  4. Whenever an Employee's duties include research or investigation, a direct or indirect financial interest in an entity conducting research or business that is relevant to the scope of the Employee's University Responsibilities; or
  5. Any other activity that could be construed as relating to or overlapping or competing with the core missions of the University.
3. “University Responsibilities” means an Employee's responsibilities for which such Employee was hired and conducted at or undertaken on behalf of the University, which may include, but is not limited to, activities such as research, research consultation, teaching, outreach/extension, professional practice, institutional committee memberships and service on University-based panels.
4. “Manage” (or “Managed”) means taking action to address an actual or potential conflict of interest, which can include reducing or eliminating the conflict to ensure to the extent possible that the Employee's University Responsibilities will be free from bias. “Manage” may include, without limitation, a formal written Conflict of Interest Management Plan.
5. “Gift” means any tangible or intangible item or items having a monetary value in excess of $75. This maximum value applies to each gift transaction.
6. “Prohibited Source” means any person or entity, public or private, outside the University, with interests, financial or otherwise, that may be substantially affected by the recommendations, decisions, performance or non-performance of the duties of the Employee.
Use of Confidential Information -- Employees shall not use University confidential or proprietary information obtained by reason of their University employment with intent to cause financial gain to themselves or unfair advantage for another person.
Prohibition Against Acceptance of Gifts
Employees of the University shall avoid accepting Gifts for personal use, directly or indirectly, from Prohibited Sources, except as permitted in Section 330.015.D.1. below.
1. Exceptions -- The following shall not be considered a violation of this policy:
  1. Gifts that are available to the Employee on the same conditions as for the general public;
  2. Educational materials utilized in the performance of the Employee's University job;
  3. Awards or honoraria administered by or through the University;
  4. Gifts from the Employee's relatives, by blood or marriage;
  5. Any item of food, refreshment, entertainment or other benefit provided to the Employee while attending a meeting, conference or convention provided on the same conditions as for other attendees; provided that if the item could be considered as lavish, then approval must be obtained under subparagraph f. below;
  6. Any Gift if approved in writing in advance by an administrative superior who is a University General Officer, or in the event of the President, then approval of the Chair of the Board of Curators.
2. Each General Officer approving acceptance of Gifts under Section 330.015.D.1.f. shall report all such approvals annually to the President.
Responsibilities of University Employees -- An Employee's Outside Interests must not interfere with the Employee's University Responsibilities nor represent a conflict of interest that is not or cannot be Managed. Exempt staff and faculty Employees shall disclose all Outside Interests annually, and shall disclose any changes or acquisition of a new Outside Interest, as such interests arise. Provided that each campus may adopt procedures by which adjunct faculty are not subject to annual reporting requirements (except as required by federal law) and instead disclose all Outside Interests prior to initial employment and disclose any changes or acquisition of a new Outside Interest as such interests arise. All other Employees shall disclose Outside Interests as such interests arise (e.g., transactional reporting). The following situations are illustrative of such activities and interests. This list should not be considered exhaustive.
1. Grants and Contracts Involving an Employee Financial Interest. When it is proposed that the University enter into (1) contracts for the sale of goods or services, or (2) research contracts or grants, or (3) other contracts with individuals, private firms or business entities in which an Employee knows the Employee has a direct or indirect financial interest, the following procedure shall be followed:
  
  Before the proposed contract is negotiated by the University, the Employee shall make a disclosure of such financial interest, in writing, which disclosure shall be forwarded to the official having contract approval authority.
  
  If there is a change in the financial interest of the Employee during the term of the contract, the change shall be disclosed immediately by the Employee, in writing, and forwarded to the official having contract approval authority.
  
  Except as provided in Paragraph E.1.d., if the financial interest of the Employee in the private firm or business entity is such that it could influence the decision-making process of the private firm or business entity and the Employee could also influence the decision-making process of the University in entering into or performing the contract:
  
  The University shall not enter into the contract or shall cancel the contract, if the terms of the contract so permit; or
  
  The University and Employee shall enter into a Conflict of Interest Management Plan which shall, among other things require that:
  
  The Employee shall take such action as is necessary to be removed the Employee from a relationship with the private firm or business entity which could influence the decision-making process of the private firm or business entity; and/or
  
  The University shall establish a procedure to remove any opportunity for the Employee to influence the entering into the contract by the University or the manner in which the contract is performed by the University.
  
  If the financial interest of the Employee is as an owner or employee in a private firm or business entity that is proposing to license or otherwise acquire University-owned intellectual property, then the University may enter into such transaction upon the approval of the applicable campus technology transfer office and Chief Research Officer, and upon the adoption of a Conflict of Interest Management Plan.
2. Overlapping Business Activities. Before an Employee enters into or has a business activity which relates to, overlaps with, or competes with the University's teaching, research, service, or economic development missions, the Employee shall make a full disclosure, in writing. The chairperson/supervisor and dean/director/supervisor must approve or disapprove in writing the proposed activity and such activity must be Managed.
3. Full-time Employment - Faculty and Exempt Personnel. Full-time faculty and full-time exempt personnel may not be concurrently employed full-time with another employer.
4. Teaching. An Employee of the University who teaches either credit or non-credit courses not connected with the University may have a conflict of interest. To avoid conflicts of interest an Employee must disclose the proposed teaching activity and secure written approval in advance. The chairperson/supervisor and dean/director/supervisor must approve or disapprove in writing the proposed activity. Approval for such teaching shall be granted unless the proposed teaching is not in the best interests of the University. In reaching the decision, the chairperson/supervisor and dean/director or Provost on campuses having no schools or colleges should consider all relevant matters including such concerns as duplication of University courses or programs and accreditation standards.
5. Faculty-Authored Textbooks and Other Educational Materials. Textbooks, tapes, software and other materials authored by the course instructor may be assigned to be purchased by students for a course taught by the author if the royalties arising from the purchase of the assigned materials are returned to the University, another educational institution, a charitable organization, or a not-for-profit foundation. Any proceeds from other University uses of such materials, such as purchase by the library, shall be the property of the author. Course instructors or any other Employee responsible for selecting, ordering, assigning course materials cannot accept Gifts, development grants, or other compensation from any company or organization for the adoption of course textbooks, software or other educational material.
6. Consultation. Consultation is a significant means of professional improvement as well as a form of community service. However, consultation may in some instances also constitute a business interest requiring disclosure and approval. The chairperson/supervisor and dean/director/supervisor must approve or disapprove in writing the proposed activity. It is the policy of the University generally to permit consulting activities of Employees which:
  1. are related to the professional interest and development of the Employee,
  2. do not interfere with regular duties,
  3. do not utilize University materials, facilities, confidential or proprietary information, intellectual property, or resources except as provided in the University Business Policy Manual, or any campus-specific policies,
  4. are in agreement with the American Association of University Professors/American Council on Education (AAUP/ACE) Statement on Conflict of Interest and with the requirements of accreditation for the particular school or unit in question,
  5. do not compete with the work of the University,
  6. are not otherwise contrary to the best interests of the University,
  7. do not violate federal or state law, and
  8. any conflicts of interest are Managed.
7. Malign Foreign Talent Recruitment Program. As further defined and provided for in CRR 330.120, no Employee shall participate in a Malign Foreign Talent Recruitment Program.
Responsibilities of Each Campus:
Each campus shall:
1. Establish a committee to coordinate the solicitation and review of disclosures of Outside Interests from each Employee, including development of campus specific standards and procedures, determine whether a conflict of interest exists, and determine what conditions or restrictions, if any, should be imposed by the campus to Manage such conflict of interest, resolve problems revealed, and enforce sanctions as appropriate, including adoption of a Conflict of Interest Management Plan.
2. Comply with all laws and regulations regarding conflict of interest, including the provision of initial and ongoing financial conflict of interest reports to the Public Health Service (PHS) as required pursuant to 42 C.F.R. Part 50 Subpart F and 45 C.F.R. Part 95.
3. Develop and publish corresponding procedures to support implementation of this policy and any other related laws or regulations regarding conflict of interest. Such procedures shall include, at a minimum, requirements for exempt staff and faculty Employees to submit annual reports disclosing all Outside Interests or verifying the absence of any Outside Interests (except to the extent that a campus may adopt alternative procedures for adjunct faculty as provided in Section 330.015.E).
Use of University Stationery -- Official University stationery may not be used in outside business, personal, and other private or political activities of Employees. However, for use in such activities, faculty may have printed at their own expense personal business stationery carrying their academic title, University address and telephone number.
Use of University Logos, Trademarks, and Service Marks -- It is a violation of University policy to use the name of the University or any of the University's logos, trademarks or service marks in materials intended to endorse or promote Employee Outside Interests or to otherwise enhance private gain without the written permission of the University President or the President's designee.
Appeals -- Appeals of decisions made under these procedures, except for decisions made by the Chancellor in applying a sanction (CRR 330.015, Section A.3.), should be brought to resolution informally and at the lowest possible administrative level. Should attempts to resolve appeals informally fail, procedures set forth in CRR 370.010 and CRR 380.010, shall be followed. Appeals of sanctions issued by the Chancellor shall be governed by the procedures set forth in Section 370.010.C.3.b. through 370.010.D.

330.020 Civic Responsibility

kuscheld — Thu, 27 May 2010 18:56:09 +0000

330.020 Civic Responsibility kuscheld Thu, 05/27/2010 - 18:56

Bd. Min. 3-12-65; Amended 7-28-20.

It is the intent and purpose of the Board of Curators to the full extent of its power to preserve the historic mission of search for truth, maintain the University of è��app as a great and free University and to protect the interest of all citizens of è��app in the University, its properties and its heritage.
The University of è��app should not and will not require that either faculty members or students give up any of their constitutional rights as citizens in order to remain associated with the University as employee or student.
Just as all citizens on own responsibility may express views on any given subject, so may the faculty members, employees and students of the University of è��app so long as such views or expressions do not constitute, advocate, encourage or condone violations of law.

330.030 Disruption

kuscheld — Thu, 27 May 2010 18:56:18 +0000

330.030 Disruption kuscheld Thu, 05/27/2010 - 18:56

Bd. Min. 6-30-68, p. 33,943.

Right of Free Expression -- The University of è��app will at all times defend the right of free expression of opinion, including the right of peaceful assembly. The University will, indeed, guard this right in behalf of all persons associated with the institution and will not tolerate actions by any individual or group that would seek to restrict the appropriate freedoms of any other individual or group.
Unauthorized Occupation -- The University will not allow any unauthorized occupation of University facilities, nor will it permit interference with its normal and regular activities.
1. Discussion of issues within the University will in no circumstances be conducted under any form of duress.
2. Attempts at unacceptable building occupation or interference with University business will be dealt with in a manner necessary immediately to relieve the situation.
3. Any faculty, students or employees engaged in such activities, will face immediate suspension, and may suffer ultimate dismissal.

330.040 Professional Responsibilities, Protest and Political Activities

kuscheld — Thu, 27 May 2010 18:56:59 +0000

330.040 Professional Responsibilities, Protest and Political Activities kuscheld Thu, 05/27/2010 - 18:56

Bd. Min. 9-5-70, p. 35,148.

In a community of learning, willful disruption of the educational process, destruction of property, and interference with the rights of other members of the community will not be permitted.
Disciplinary Action -- Academic and administrative procedures of this University provide for prompt and appropriate disciplinary action against those who abuse such rights as provided in the statement by the President regarding student demonstrations adopted by the Board of Curators on June 30, 1968. That statement as well as the Standard of Conduct and Rules of Procedure in Student Disciplinary Matters is available to all students.
Classes During Campaign and Election -- Classes will continue as usual throughout the campaign and election. There will be no recess from the normal and routine operations on any of the campuses and already approved academic calendars will be fully maintained on each campus.
Faculty Responsibility -- We endorse the statement submitted August 26, 1970, suggested by a special committee of the Inter-campus Faculty Council charged by the President with the development of a statement on faculty responsibility, as follows:
1. The Board of Curators and the Faculty affirm their intention of keeping the University of è��app in full operation throughout the coming academic year. The Board expects that the faculty will meet their professional obligations in accordance with already existing regulations and principles of academic responsibility regarding the meeting of classes and the awarding of grades and credit.
2. The Board of Curators hereby charges the faculty to re-examine and re-affirm its professional responsibilities and to develop procedures for dealing with cases in which those responsibilities are not fulfilled. We ask that this task be completed with full faculty consultation and with reasonable speed.
3. Until each campus develops a full set of procedures for dealing with alleged violations of professional ethics, the Board charges each campus faculty governing body to establish immediately a temporary group for handling such cases as may arise.
The Board of Curators recognizes that any definition of faculty responsibility developed by a faculty group or groups on any campus must provide that the initial and primary responsibility for the effective function of the academic unit, including disciplinary action, resides in the administrative officers of the department, division, school or college.
Students, faculty, administrators and employees who are not in sympathy with the basic philosophy expressed herein and do not intend to abide by the rules and regulations of the University should not attend the University nor become associated with the institution nor continue to be associated with the University.

330.050 Political Activities

kuscheld — Thu, 27 May 2010 18:58:00 +0000

330.050 Political Activities kuscheld Thu, 05/27/2010 - 18:58

Bd. Min. 9-20-74; Bd. Min. 11-29-01; Bd. Min. 7-24-15; Amended 7-28-20.

Regulations -- The following are the regulations concerning political activity and holding of public office by University employees:
1. Activity in Political Party Organizations:
  1. Employees may engage in lawful political activities:
    (1) Of organizations of political parties qualified to place candidates on the ballot in accordance with è��app Statutes or of political parties seeking such qualification.
    (2) Of nonparties or bipartisan groups seeking the election of candidates to public office or the approval or disapproval of issues which are or may be submitted to the voters for approval, or
    (3) On behalf of individual candidates for public office, including candidates for membership of any political committee established pursuant to Chapter 115 or 130, R.S.Mo.
  2. Such activity, like any other personal, non-official undertaking, must be done on the individual's own time and should not interfere with University duties.
  3. Employees may contribute funds to the above parties, groups or candidates or expend funds on behalf of the above parties, groups, candidates or issues, subject only to State and Federal laws which regulate political contributions.
2. Election to or Holding Public Office -- Any employee before announcing officially as a candidate for or accepts any public office must inform the employee's superior officer of such intention and such officer must make the fact known to the President of the University through appropriate channels. If the regulations permit, the President will offer no objection to the candidacy provided it does not require time or attention that should be given to University duties.
  1. Subject to the requirements of Notice to the President, an employee may, without permission of the President become a candidate for and hold a part time position of public office, provided that such activity must be conducted on the individual's own time and shall not interfere with University duties. In case of doubt, the President shall decide if the candidacy is permissible under these regulations.
  2. Any University employee seeking election to any full time public office in local, county, state or the federal government or exploring whether to seek such an office must resign or be granted a leave of absence as of the earliest of the following dates: the date of registration of an exploratory committee with the appropriate local, state or federal campaign finance authority; the date of registration of a candidate committee with the appropriate local, state or federal campaign finance authority; or the date of filing in the primary. Before accepting such an office, a person is required to resign from the University as of the first day in public office if the person has not already done so. The holding of such public office is forbidden while the person is employed by the University.

330.065 Consensual Romantic Relationship Policy

kuscheld — Thu, 27 May 2010 19:00:00 +0000

330.065 Consensual Romantic Relationship Policy kuscheld Thu, 05/27/2010 - 19:00

Bd. Min. 12-15-06; Revised 6-19-14; Amended 2-9-17; Amended 4-22-21.

Definitions:
1. Consensual Romantic Relationships: For purposes of this policy, consensual romantic relationships exist when individuals mutually and consensually understand a relationship to be romantic, intimate and/or sexual in nature, whether casual or serious, short-term or long-term, past or present.
2. Evaluative or Supervisory Authority: Evaluative or supervisory authority exists when one participant is personally involved in teaching, mentoring or advising, supervising, evaluating, assessing, grading, or otherwise determining or making recommendations relating to another participant’s conduct or academic or employment performance, progress or potential.
Statement of Principles
1. The University of è��app promotes an atmosphere of professionalism based on mutual trust and respect. The integrity of interaction among faculty, staff and students must not be compromised.
2. When individuals involved in a consensual romantic relationship are in positions of unequal power at the university, there is a potential for a conflict of interest, favoritism, or exploitation.
3. These relationships may be less voluntary than the person with greater power perceives, or circumstances may change and conduct that was once welcome may become unwelcome.
4. The fact that a relationship was initially consensual does not insulate from a later claim of sexual harassment. Moreover, such relationships may lead to restricted opportunities, or the perception thereof, for others in the work or academic environment.
5. In cases in which a consensual romantic relationship does not violate the provisions outlined in Section C, faculty, staff and students should be sensitive to the continuous possibility that they may be placed in a position of responsibility for another member of the University community’s evaluation and/or supervision in the future.
Policies: In light of the foregoing, and to protect the integrity of the University academic and work environment, the University adopts the following policies with respect to consensual romantic relationships:
1. Consensual romantic relationships between members of the University community are prohibited when one participant has evaluative or supervisory authority over the other. Such prohibited relationships include supervisory relationships between an employee (faculty, staff or student) and a student, as well as between a supervisor (faculty, staff or student) and a subordinate.
2. Consensual romantic relationships between any undergraduate student and faculty and staff are prohibited, except as described below in Section D.2. Consensual romantic relationships between undergraduate students and graduate students are permitted so long as it does not violate Section C.1.
3. These policies extend to previous relationships. All faculty, staff or students previously engaged in a consensual romantic relationship with another faculty member, staff member or student are prohibited from exercising evaluative or supervisory authority over said person.
Exceptions and Reporting
1. Faculty, staff and students may request an exception, and each will be considered on a case-by-case basis. For an exception to be appropriate, there must be adequate assurance that (a) the student is protected from potential adverse effects on the learning environment and (b) that any actual, potential or perceived conflicts of interest are appropriately managed.
2. A request for an exception must be made to the appropriate dean, vice chancellor, vice president or similar level of leadership.
3. After consultation with the University’s campus-level Chief Human Resources Officer or designee in the Human Resources Department, the appropriate dean, vice chancellor, vice president or similar level of leadership will determine whether the relationship violates the policy and, if so, if an exception is appropriate. If an exception is appropriate, a management plan will be implemented in consultation with Human Resources and the involved parties and should be provided in writing and acknowledged by the participating faculty and/or staff member(s). For employees, a record of the plan will be maintained in each employee’s personnel file.
4. If an exception is denied, the consensual romantic relationship will be in violation of this policy unless it is discontinued. The relevant parties may seek review of the denial of the exception by submitting a written request to the Provost or designee within 5 days of being notified. For good cause, the Provost may grant reasonable extensions of time to seek review of the denial. The Provost or designee will approve, deny, or modify the exception. The determination of the Provost or designee is final and not subject to further review under University grievance procedures. If circumstances leading to the denial change, the relevant parties may submit another exception request.
5. Examples of situations in which an exception might be appropriate include but are not limited to:
  1. A consensual romantic relationship with an undergraduate student precedes the individual’s status as a student at the University (e.g., a faculty or staff member and an undergraduate student have been in an established relationship [e.g., marriage], and the student subsequently enrolls as an undergraduate at the University);
  2. A consensual romantic relationship existed under the prior version of this rule that either did not require disclosure or was appropriately disclosed and managed, but upon the effective date of the revised rule, the consensual romantic relationship is prohibited.
6. Faculty, staff and students who believe in good faith that a violation of the foregoing policy has occurred are encouraged to promptly report the violation to the University, which will promptly investigate and appropriately resolve all such reports. Students or employees who believe such a violation has occurred may:
  1. Report the perceived violation to an appropriate dean, vice chancellor, vice president or similar level of leadership;
  2. In the event the reporting party believes someone has been discriminated against based on the individual’s sex, file a report with the appropriate Title IX Coordinator.
Violations
1. Violations of this policy, defined as a failure to address the existing or potential conflict of interest, regardless of the manner in which it is brought to the attention of the University, may lead to disciplinary action as appropriate, up to and including termination of employment, following appropriate processes for such discipline.

330.070 Affirmative Action on Committee Appointments

kuscheld — Thu, 27 May 2010 19:04:00 +0000

330.070 Affirmative Action on Committee Appointments kuscheld Thu, 05/27/2010 - 19:04

Executive Guideline No. 13, October 31, 1977.

Affirmative Action -- As a part of the implementation of the Affirmative Action Plan of the University of è��app, any person appointing any committee for the University or any campus, in selecting the membership, shall give due consideration to the inclusion in such membership of women and minorities unless membership thereon is ex-officio.

330.090 Instructional Communication Policy

kuscheld — Thu, 27 May 2010 19:08:01 +0000

330.090 Instructional Communication Policy kuscheld Thu, 05/27/2010 - 19:08

Bd. Min. 10-19-00.

In order to promote effective communication between students and academic personnel involved in instruction, the Chancellors of each campus shall oversee the implementation and continued observation of the following:

All department chairs working with their academic deans must certify that the English proficiency of regular faculty is sufficient to communicate understandably with students prior to a regular faculty member being assigned to teach an undergraduate course, except for foreign language, elective or special arrangement courses such as individualized instruction or independent study courses. The department chair may certify English proficiency based on individual interviews, the assessment of other members of the department, or feedback from students.
All non-regular faculty, including but not limited to instructors, lecturers, adjunct and visiting faculty, must provide evidence of English proficiency prior to teaching an undergraduate course, except for foreign language, elective or special arrangement courses such as individualized instruction or independent study courses. A non-regular faculty member must either have successfully completed two courses requiring verbal and written proficiency in English from an accredited college or university or have successfully completed English language screening and training utilizing similar standards and requirements as those of è��app law, or a comparable law of another state, for graduate teaching assistants and graduate instructors.
All department chairs working with their academic deans will develop appropriate programs or activities to improve faculty communication, including English proficiency, in response to unsatisfactory ratings in student evaluations and student complaints.
Students will be notified each semester on their enrolled courses statement whom to contact to report communication problems with a faculty instructor. It is recommended that this information also be provided on other means of written communication, such as course syllabi.
Chancellors at the request of the President shall forward their current campus policies, procedures, and programs regarding faculty communication, including English proficiency, developed to implement this regulation.

330.100 Evaluation of the Ability to Work

kuscheld — Thu, 18 Dec 2014 22:10:00 +0000

330.100 Evaluation of the Ability to Work kuscheld Thu, 12/18/2014 - 22:10

Executive Order No. 42, issued 12/18/2014, Amended 7-28-20; Bd. Min 4-21-21.

Purpose: This policy addresses the standard and process to be used when determining whether a faculty member is unable to perform the essential functions of the faculty member’s position because of a medical condition and whether a faculty appointment should be terminated for medical reasons. Issues concerning interpretation and application of this policy are to be addressed in the review and determination process stated in this policy and are not subject to further review under the Academic Grievance Procedure in Section 370.010 of the Collected Rules and Regulations. Application of this policy is not intended as a substitute for other University policies or procedures related to performance, including those imposed because of clinical or professional requirements. In addition, application of this policy is not a substitute for discipline or action taken because of performance deficiencies unrelated to ability.
Scope: This policy applies to faculty members, either tenure/tenure track or non-tenure track, described in Section 310.020A of the Collected Rules and Regulations of the University of è��app as holding academic staff appointments. This policy is intended to be consistent with the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the è��app Human Rights Act and should be interpreted to assure compliance with these laws.
Special Considerations for Faculty Members: Faculty members have rights that stem from the University’s Collected Rules and Regulations, from the application of the general principles of academic freedom, and from the role of faculty members in the shared governance structure within the University of è��app. This policy is not intended to compromise this special status but rather is intended to clarify and protect the rights of such faculty members and of the University of è��app and its constituents.
Rights and Obligations of Faculty Members:
1. Faculty members shall incur no loss of pay or benefits solely because the evaluation process discussed below is underway until and unless official action is taken to alter the faculty member’s employment status in conformity with provisions of the Collected Rules and Regulations of the University of è��app.
2. Faculty members subject to the evaluation of ability to work process have an obligation to act in good faith and cooperate with the administrative coordinator. Failure to attend a reasonably scheduled evaluation may justify disciplinary action and may be considered sufficient evidence to conclude that the faculty member cannot continue to fulfill the terms and conditions of the individual’s faculty appointment. Upon a faculty member’s failure to attend a reasonably scheduled evaluation, the administrative coordinator will notify the provost, the provost will make a determination as to the faculty member’s ability to work, and the process will move forward as stated in section F.3 below.
Rights and Obligations of the University:
1. The costs of the fitness for duty evaluations by the health care professionals designated by the University and the associated costs will be borne by the University, and not by the faculty member.
2. If the outcome of the evaluation is Able to Work with Limitations (see Section F.3. Procedures below) the University shall make reasonable efforts to accommodate those limitations in accordance with Section 600.080 of the Collected Rules and Regulations.
Procedures:
1. Evaluation: A faculty member of the University may be required to be examined by appropriate licensed/certified health care professional(s) designated by the University in order to determine the faculty member’s ability to perform the essential functions of the faculty member’s position. Such an evaluation may be required when there is reasonable cause to believe that the faculty member’s ability to perform essential functions of the faculty member’s position is impaired by a medical condition, or that the faculty member poses a direct threat to self or others due to a medical condition.
2. Process: The dean of the faculty member’s college or school or the dean’s designee may request that this policy be invoked for a particular faculty member by notifying the campus provost of the facts suggesting a need for such an evaluation.
  The campus provost, in consultation with the appropriate academic unit head, the chief campus human resources administrator and a representative of the Office of the General Counsel will determine whether an evaluation is warranted based on the standard stated in F.1. above.
  1. The provost will seat an evaluation panel composed of a provost’s designee, the dean or designee of the school or college where the faculty member holds an appointment, and two tenured faculty members appointed by the chair of the campus faculty senate or council, including at least one faculty member from the same school or college as the faculty member whose fitness for duty evaluation is being sought.
    The panel will review the request and make a recommendation as to whether the academic unit head has demonstrated 1) that an evaluation is warranted based on the standard stated in F.1. above, 2) that the academic unit and the faculty member have been involved in efforts to resolve the problem, and 3) that a mutually satisfactory resolution has not been achieved. The panel will reach a recommendation by vote. In the event of an evenly split vote, the panelists may issue their own recommendations along with the reasons for them.
  If the provost determines an evaluation is warranted, the provost will appoint an administrative coordinator to facilitate the evaluation process. The administrative coordinator will have knowledge of applicable privacy rules and policies and will have appropriate resources to ensure that charges associated with the evaluation are paid by the University. The administrative coordinator, in consultation with the General Counsel’s office, will take the following steps:
  1. Inform the faculty member in writing that an evaluation is required and provide information on the faculty member’s and University’s rights and obligations under this policy.
  2. Prepare a list of three to five health care professionals, at least one of whom is not employed by the University, for the evaluation process.
    1. The faculty member to be evaluated, or in the event that the faculty member is unable or unwilling, an authorized representative with legal authority to make health-care decisions for the faculty member to be evaluated, shall select from the list the health-care professional(s) to perform the evaluation.
    2. If the faculty member to be evaluated or the faculty member’s authorized representative has not selected the health-care professional(s) to perform the evaluation within two weeks following receipt of the list of health-care professionals, the coordinator will select the health-care professional(s) to perform the evaluation and inform the faculty member to be evaluated of the selection.
  3. Inform the faculty member of the time and place of the required evaluation.
  4. Gather and assemble the evaluation materials and present them to the provost.
    In cases where a direct threat to health or safety of the faculty member or others may exist, the faculty member will be suspended with pay by the provost pending the outcome of the evaluation. The provost will notify the faculty member of the proposed suspension with pay, and the faculty member may request reconsideration by submitting a written response within five business days.
3. Outcome of the Evaluation: The administrative coordinator will forward to the provost and faculty member an evaluation report from the designated health care professional describing the focus, method, and results of the evaluation, and the health care professional’s conclusion regarding the faculty member’s ability to perform essential functions of the faculty member’s job. The faculty member may submit any response to the evaluation report, along with any supporting materials, to the provost within five business days. The provost will review the evaluation report and any response. Within ten business days after receipt of the evaluation report, the provost will notify the administrative coordinator of the provost’s determination as to the faculty member’s ability to work. That determination will include one of the following: able to work without limitation; able to work with limitations; unable to work.
  1. Able to work without limitation: If the provost determines that the faculty member is able to work without limitations, the coordinator will notify the faculty member and the academic unit head within five business days after receipt of the provost’s final determination. If the faculty member was suspended pending the outcome of the evaluation, the suspension will terminate upon receipt of this notice.
  2. Able to work with limitations: If the provost determines that the faculty member is able to work with limitations, the coordinator will notify the faculty member and academic unit head within five days, and the University will make reasonable efforts to accommodate those limitations in accordance with Section 600.080 of the Collected Rules and Regulations.
  3. Unable to work: If the provost determines that the faculty member is not able to perform the essential functions of the faculty member’s job, the coordinator will notify the faculty member and academic unit head within five business days. The coordinator will work with the faculty member as to the faculty member’s options, which must be agreeable to the provost, and which may include, but are not limited to, application for long term disability benefits, unpaid leave of absence, resignation or termination of the faculty member’s tenured appointment or term appointment before the end of the period of appointment. The notification also will identify the chair of the Campus Faculty Committee on Tenure (see Faculty Committees on Tenure 310.050 of the Collected Rules and Regulations).
    1. If no agreeable alternative to termination of appointment is identified, the faculty member may request review by the Campus Faculty Committee on Tenure. Such a request for review must be submitted to the provost, the coordinator, and the chair of the Committee on Tenure within five business days of notice of the provost’s determination. The request for review will specify whether the faculty member wishes to make an appearance before the Campus Faculty Committee on Tenure. Upon receipt of the faculty member’s request, the coordinator will provide the following materials to the Campus Faculty Committee on Tenure with a copy to the faculty member: the request to invoke the evaluation of ability to work process, the evaluation panel recommendation(s), the evaluation report, the faculty member’s response and supporting materials (if any), and the provost’s determination.
    2. The faculty member and provost may submit written arguments to the Campus Faculty Committee on Tenure within ten business days of the faculty member’s request for review, with copies to the coordinator. If requested, the faculty member will be afforded an opportunity to appear before the Campus Faculty Committee on Tenure within ten business days of the faculty member’s request for review and the provost will be afforded an opportunity to appear at the same time as the faculty member. The Campus Faculty Committee on Tenure will review the materials presented to it by the coordinator and the arguments of the faculty member and provost, but will not hear witness testimony or take additional evidence.
    3. Within twenty business days of the faculty member’s request for review, the Campus Faculty Committee on Tenure will provide a recommendation to the chancellor whether the faculty member’s tenured appointment should be terminated, with copies to the coordinator, the provost, and the faculty member. The coordinator will provide to the chancellor copies of all materials and arguments submitted to the Campus Faculty Committee on Tenure.
    4. After giving due consideration to the recommendation of the Campus Faculty Committee on Tenure, the chancellor shall issue a final determination whether the faculty member’s tenured appointment will be terminated. The determination of the chancellor is final and not subject to further review under the Academic Grievance Procedure in Section 370.010 of the Collected Rules and Regulations.
  4. If the faculty member takes an unpaid leave of absence, a follow-up evaluation will be required to certify that the faculty member is able to return to work and under what conditions prior to the faculty member’s return to work.
4. Extensions of Time: For good cause, the chancellor or provost may grant reasonable extensions of time for any of the proposed time deadlines in the Evaluation of the Ability to Work.
5. Confidentiality and Access to Information: Reports and other information about the evaluation and any follow-up treatments shall be kept by the provost and will not be included in the faculty member’s personnel file. Upon written request, the faculty member may inspect report(s) by the designated health-care professional(s) who conducted the faculty member’s evaluation in accordance with applicable laws. The provost will provide those in the faculty member’s reporting chain with only that information about the faculty member’s condition necessary for the proper supervision of the faculty member.