»¨¼¾´«Ã½

• Annual Hours
• Attendance and Punctuality
• Bereavement Leave
• Break Periods
• Cellular Phone and Wireless Handheld Device Policy and Procedures
• Civic Duty
• COBRA
• Compensation for Training Time
• Compensation for Travel Time
• Conflict of Interest Policy and Procedures
• Consensual Relations
• Definition of Dependent
• Definitions of Terms used in Vacation Schedule
• Definitions of Terms used in Sick Time Schedule
• »¨¼¾´«Ã½ Identification Cards
• Drug-Free Workplace Policy
• Early Return to Work
• Electronic Communications and Acceptable Use
• Emergency Safety Procedures
• Employee Status Definitions
• Employer-Employee Relationship
• Employment Candidate Travel Costs
• Employment Outside of Regular Position
• Equal Opportunity Policy
• Federal and Indiana State Withholding Forms
• Firearms Policy
• FMLA & University Medical Leave
• Form I-9 (Employment Eligibility Verification)
• Form I-9 Lists of Acceptable Documents
• Harassment Policy
• Holidays
• Inclement Weather
• Indiana Military Family Leave
• Intellectual Property
• Job Descriptions
• Jury Duty
• Military Leave
• Lactation Accommodation
• Off-Campus Errands by Hourly (non-exempt) Staff
• Other Time Off
• Overtime
• Parental Leave
• Parking
• Pay Distribution
• Personal Day
• Performance Reviews
• Personnel Action Sheets
• Pets in the Workplace
• Policy for the Promotion of Ethical Conduct
• Position Definitions
• Progressive Discipline Policy
• Providing a Healthy and Safe Workplace
• Protection for Those Reporting Fraudulent, Dishonest, or Unlawful Behavior
• Record Retention and Document Destruction
• Retirement
• Separation from Employment Procedures
• Shift Differential
• Sick Time
• Sick Time Bonus at Retirement
• Smoking Policy
• Summer Hours
• Time Cards
• Tuition Exchange Guidelines
• Tuition Remission for Dependents
• Tuition Waiver for Employees
• Vacation Time
• Voting
• Withholding Forms (Federal and Indiana State)
• Working Hours
• Worker’s Compensation Policy
• Workplace Safety
• Workweek

• Greencastle Smoking Ordinance
• Conflict of Interest Disclosure Form
• University Alcohol and Controlled Substance Policy

Each hourly position is budgeted for a specified number of annual hours. Budgeted hours include regular hours worked, vacation time taken, sick time taken, personal time taken, paid holidays, bereavement leave and any other hours for which the employee is paid excluding overtime. The calculation of annual hours will be based upon the 26 biweekly, pay periods that encompass the fiscal year. The 26 pay periods are identified on the Bi-Weekly Payroll Schedule issued annually by the Office of Human Resources. It is the responsibility of the supervisor to develop a schedule that will be within the hours budgeted for the position.

Employees are not permitted to exceed the annual hours budgeted for their position without the prior written approval of the vice president to which their department reports. A Personnel Action Sheet (see Personnel Action Sheet) is required for authorization of additional hours and it must indicate the approved account from which the hours will be paid. The department will be required to locate funds for excess work hours that were not approved.

Work Schedule Based on Annual Hours

revised 03/18

Policy Statement

This policy explains the employee’s responsibilities to the University for regular, reliable and prompt attendance. This policy also addresses the consequences for employees who do not fulfill their responsibility to the University for regular, reliable and prompt attendance.
Regular, reliable and prompt attendance is essential for the functioning of the University. Poor attendance makes it difficult for the University to function effectively. Additionally, employees who do not maintain regular, reliable and prompt attendance place a hardship on other employees who must cover their absence. While some allowances may be made for situations beyond the control of the employee, chronic or excessive absenteeism will be cause for corrective action, up to and including termination.

Reporting Absences

You must notify the University of an intended absence at least thirty (30) minutes before your scheduled starting time. Absences should be reported to your supervisor or his/her designee.

Definitions

Absence: An absence is the failure to be on the job at any time during your scheduled hours of work, including arriving after your scheduled start time or leaving before the end of your scheduled hours of work.

Tardiness: You will be considered tardy if you fail to report to work at the designated starting time, including return from lunch. Tardiness (for purposes of payroll deduction) for an employee occurs on the eighth (8th) minute past the scheduled start time and is rounded up in fifteen (15) minute increments..

Approved Absence: A pre-approved absence scheduled in advance (e.g. scheduled and approved vacation, sick leave/salary continuation with proper notification to your supervisor, jury duty, bereavement leave, etc.) with your immediate supervisor or his/her designee (see the Vacation, FMLA and Medical Leave and related policies for additional information concerning the scheduling of such leave). You should receive approval for such absences at least twelve (12) hours in advance of the event if the need for leave is foreseeable. In cases of illness or emergency, you must notify your supervisor of the absence not later than thirty (30) minutes before the scheduled start of work or as soon as reasonably possible.

Absences covered as approved under the Family and Medical Leave Act are not considered absences under this policy.

 Unapproved Absence: An unscheduled and unapproved absence is an absence not pre-approved by your immediate supervisor or his/her designee.

No Call/No Show: A no call/no show is any time an employee is absent and fails to notify their immediate supervisor or his/her designee according to the prescribed procedures outlined above.

 Chronic Absenteeism: Chronic absenteeism occurs when a pattern of absenteeism becomes noticeable to the supervisor. This may include such situations as calling in sick or being tardy primarily on Mondays or Fridays or before or after holidays or on paydays. A pattern of chronic absenteeism will be addressed by the supervisor through the progressive disciplinary policy and procedures (see Progressive Discipline).

Excessive Absenteeism: Excessive absenteeism occurs when the employee has missed work or is late to work to the extent that it a) exceeds the standards set by the supervisor, b) is higher the average absenteeism for the work unit or department, and/or c) results in or contributes to the employee’s failure to perform his/her duties in a satisfactory manner. Missing more than 10 days in a calendar year without a doctor's notice is generally considered excessive absenteeism.  Generally, excessive absenteeism will also be addressed by the supervisor through the progressive disciplinary policy and procedures (see Progressive Discipline). However, NoCall/No Shows of three (3) or more consecutively scheduled work days can be construed as voluntary resignation of the employee without providing proper notification to the University and may result in immediate termination of employment.

The University reserves the right in all cases to, at its sole discretion, take disciplinary action up to and including termination of employment of employees who demonstrate poor attendance and punctuality even if the employee meets other performance expectations of the position held.

Date:  February, 2012 (replaces all preceding policies)

Contact:  Office of Human Resources, x4181

Purpose:  When a death occurs, family and loved ones of the deceased need time to be with one another to provide solace and comfort.  The University recognizes the need and normally grants time off with or without pay, depending upon the circumstances. 

Policy covers:   Employees in a full-time, benefit status position are eligible for bereavement leave if the leave is needed during the employee’s scheduled work time.  Paid bereavement leave may be used only on days an employee is scheduled to work.

1. Employees must always advise their immediate supervisor of the need for bereavement leave.

2. Employees will receive compensation for bereavement leave based on their normal hours worked in their assigned schedule.

3. Employees will be granted an absence of three (3) scheduled workdays with pay following the death of a member of their immediate family to facilitate arrangements and attend the funeral.  “Immediate family” refers to the employee’s:

   Spouse                 Parent                  Brother                  Sister             Child             

   These designations include relationships by blood, marriage (in-law relationship), legal adoption or those in a “step” or legal guardianship relationship.

4. There may be circumstances under which an employee is ultimately responsible for funeral arrangements for a person not specifically listed above but is a very close relationship (i.e., domestic partners, other familial relationships), or in which other mitigating circumstances, such as international travel, may be a consideration.  When such circumstances arise, the employee will need to present a specific request for additional paid bereavement leave and documentation to support the unique circumstances to the supervisor who, in consultation with the Office of Human Resources, may grant a limited number of days with pay to facilitate arrangements and attend the funeral.

5. Employees will be granted an absence of one (1) scheduled workday with pay following the death of a close relative.  “Close relative” refers to the employee's:                                                                                                                                                             Grandparent    Grandchild       Aunt          Uncle       Nephew      Niece                          These designations include relationships by blood, marriage, legal adoption or those in a "step" or legal guardianship relationship.                                                                                                         

6. When the death of a fellow employee occurs, employees may be granted an absence of up to four (4) hours with pay to attend the funeral service at the discretion of the supervisor.

7. When the death of an individual not otherwise outlined in this policy occurs, the supervisor has the discretion to grant an employee up to two (2) hours with pay to attend the funeral service.

8. Employees who desire more time off than outlined in this policy may request vacation time , personal time (for non-exempt employees) or unpaid time (under the parameters outlined in the Fair Labor Standards Act) with the approval of the supervisor.

Break periods are normally available and encouraged when the interruption of work for a break does not interfere with the effective operations of a department. There is no law governing compulsory breaks but when work schedules permit, the privilege of a break period is permitted. Employees must schedule break periods with their supervisor in accordance with the following guidelines:

1. Break periods may not exceed twenty (20) minutes per day.
2. Breaks periods are considered paid time.
3. Supervisors may require employees to remain at their workstation during a break period while slowing or reducing their normal workload.
4. Break periods may not be taken during the first or last hours of the workday nor should the workday be shortened because a break has not been taken.
5. Meal periods may not be extended by adding a break period immediately before or after the meal period.
6. Break periods may not be accumulated from one day to the next to add to other time off benefits.
7. Break periods are not normally available for employees who work less than four hours a day.

Effective: October 1, 2015 (supersedes all prior policies)

Contact:  Human Resources

Summary

The University recognizes that some positions require cellular service in order to fulfill the essential job duties required. Employees occupying positions which have been identified as requiring this type of technology may be eligible to receive additional compensation in the form of a cell phone or wireless handheld device allowance.

The allowance is based on the business need and may or may not cover the entire cost of the employee’s choice in cellular plan.  The allowance is considered by the IRS to be a taxable benefit and will be added to the employee’s payroll.

Policy Applies to

All new arrangements will use this policy effective October 1, 2015.

All current employees with cellular allowance arrangements will review their usage and allowances with the supervisor and allowances will be adjusted to the rates listed below effective January 1, 2016. 

Authorization

To receive an allowance, an employee must meet at least one of the following two criteria:

 1. The employee’s job requires them to spend a considerable amount of time outside of their assigned office or work area during normal working hours and requires them to have regular access to telephone and/or internet connections.

2. The employee’s job requires them to be regularly accessible outside of scheduled or normal working hours.  (This does not include occasional, incidental, or purely voluntary access, such as checking email from home.)

Procedure

If a supervisor deems it appropriate for someone in his/her department to receive an allowance the supervisor must:

1. complete a Cellular Service Allowance Request Form,
2. attach the employee’s most recent monthly cell phone bill with the appropriate amount circled,
3. forward it to the employee’s departmental Vice President for approval, who will then
4. forward to the Office of Human Resources for approval and processing.

Payment Amounts

Eligible allowance for a phone plan is based upon what is required for the job.  An employee may choose whatever s/he desires, but allowance is based on business need, not employee choice.

Plan Allowance

 A fixed plan allowance will be established based on the requirements of the job and agreed upon by the supervisor. The allowance will not cover multi-user features, or features not required for the job.

Plan Type

Voice or Data Only:  $25 per month

*Primary need to be accessible by phone with occasional need for data

*Primarily need access to data with occasional need for phone

 Voice and Data:  $50 per month

*Job requires employee to spend a considerable amount of time outside of assigned office or work area during normal working hours and requires substantial use of both phone and data.

 Example: If the job requires a basic cell phone and the employee chooses to select an enhanced, smartphone package that includes a data package, or adds a line for another family member, the university will provide an allowance for the basic cell phone plan of $25 per month.

Employees are strongly encouraged to select devices that are compatible with Google email/calendar.  Find a list of compatible devices at .

Employees and their families will have the opportunity for a temporary extension of health insurance coverage in certain circumstances where coverage under the University’s health plan would otherwise end. Only those employees, spouses of employees and their dependents who were covered under the University’s plan on the day before the event which triggered termination of coverage are eligible to elect continuation of coverage.
Events which may trigger the option to continue coverage are as follows:

1. Termination of the covered employee’s employment (except in instances of gross misconduct);
2. Death of a covered employee;
3. Divorce or legal separation of a covered employee from his or her spouse;
4. A covered employee becoming entitled to receive Medicare benefits; or
5. A dependent child of a covered employee ceasing to be a dependent.

Employees are responsible for notifying the Office of Human Resources (the Plan Administrator) of the occurrence of a qualifying event that is either a dependent child’s ceasing to be a dependent child or the divorce or legal separation of a covered employee. When a qualifying event occurs, the Plan Administrator will provide the employee and/or qualified beneficiary with the appropriate notice regarding his/her rights under COBRA. For further information on the continuation of coverage, see a representative of the Office of Human Resources.

As a nonprofit organization at the forefront of undergraduate liberal arts education, »¨¼¾´«Ã½’s policy is to uphold the highest legal, ethical, and moral standards. »¨¼¾´«Ã½’s donors and volunteers support »¨¼¾´«Ã½ because they trust the University to be good stewards of their resources and to uphold rigorous standards of conduct. »¨¼¾´«Ã½’s reputation for integrity and excellence requires the careful observance of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.

»¨¼¾´«Ã½ will comply with all applicable laws and regulations and expects its trustees, officers, and employees to conduct business in accordance with the letter and spirit of all relevant laws; to refrain from any illegal, dishonest, or unethical conduct; to act in a professional, businesslike manner; and to treat others with respect. Trustees and officers should not use their positions to obtain unreasonable or excessive services or expertise from »¨¼¾´«Ã½’s faculty and staff.

In general, the use of good judgment based on high ethical principles will guide trustees, officers, and employees with respect to lines of acceptable conduct. However, if a situation arises where it is difficult to determine the proper course of conduct, or where questions arise concerning the propriety of certain conduct by an individual or others, the matter should be brought to the attention of »¨¼¾´«Ã½. Employees should contact their immediate supervisor and, if necessary, the Director of Human Resources. Board members should raise any such concerns with their Committee Chair or the Secretary of the University’s Board of Trustees.

Infractions of this Policy for the Promotion of Ethical Conduct are to be reported as set forth in »¨¼¾´«Ã½’s Policy for Reporting Fraudulent, Dishonest, or Unlawful Behavior.

Endorsed by the Audit and Risk Management Committee – April 19, 2007

Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the Fair Labor Standards Act. (Work time includes all time an employee must be on duty, on the employer’s premises, or at any other prescribed place of work, as well as any additional time the employee is permitted to work.)

After-hours training need not be compensated if:

• Attendance is entirely outside normal working hours and is voluntary (attendance will not be found voluntary if the employee is led to believe that attending is critical to his or her job).
• The training is not directly related to the employee’s present job.
• The employee does not do any productive work related to the employee’s job during the program.

A training program is considered directly related to the job if the training is designed to help the employee handle the present job more effectively. Time spent in training for a new job or in the development of new skills is less likely to be classified as compensable work time.

Questions concerning training time should be directed to the Office of Human Resources. Assistance is available to review the training program, identify compensable time and provide guidance in completion of the time report to ensure compliance with Department of Labor regulations.

Travel time that constitutes work time must be compensated as such, according to the Fair Labor Standards Act.

Time that an employee spends traveling as part of his or her principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions, pick up tools, or to perform other work there, the travel from the designated place to the workplace is part of the day’s work and must be counted as hours worked.

Travel that keeps an employee away from home overnight is designated as “travel away from home” by the Wage and Hour Division. Travel away from home is paid work time when it “cuts across the employee’s normal workday.” This is because the employee is deemed to be simply substituting travel for other duties. The time is not only hours worked on regular workdays during normal work hours, but also during the corresponding hours on non-work days. The Wage and Hour Division, however, does not consider that time spent in travel away from home outside of regular working hours as a passenger on a plane, train, boat, bus, or car is paid time.

If an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Regular meal period time is not counted as work time. For example, if an employee who normally works 9 a.m. to 5 p.m. from Monday though Friday is a passenger on a plane departing at 9 a.m. on a Saturday, his time spent traveling is work time because it cuts across his normal working hours. It does not matter that Saturday is not a normal workday. However, if the plane departed at 6 p.m. instead, his travel time would not be counted as paid work time because he would be traveling outside of normal working hours.

Any work that an employee is required to perform while traveling must, of course, be counted as hours worked. An employee who drives a truck, bus, car, boat, or airplane, or an employee who is required to ride as an assistant or helper, is working while riding.

Questions concerning travel time should be directed to the Office of Human Resources. Assistance is available to review work time and travel time, identify compensable time and provide guidance in completion of the time report to ensure compliance with Department of Labor regulations.

Qualified Dependents - Tuition policies and other non-healthcare related policies

A qualified dependent is:

1. Your legal spouse;

2. Any unmarried child who is your biological child, step child or legally adopted* child, or a child whom you have legal guardianship and a child for whom you (the employee) legally claims as a dependent for federal income tax purposes, and who is:

   • less than 19 years old; or
   • 19 years old but less than 25 years old, enrolled in school as a full-time student and primarily supported by you; or
   • any age if permanently and totally disabled at any time during the year.

Qualified Dependents - Healthcare related policies

As defined in the Employee Benefit Guide as Benefit Eligible:

1. For Medical, Dental and Vision your qualified dependents include:

   • your legal spouse;
   • children to age 26;
   • 19 or more years old and primarily supported by you and incapable of self-sustaining employment by reason of mental or physical disability.**

2. For Voluntary Dependent Life, your covered dependents include your spouse and children to age 26 as long as they depend on the employee for 50% of the child's support.

3. Anyone who is eligible as an Employee will not be considered as a Dependent.

4. No one may be considered as a Dependent of more than one Employee.

*A child includes a legally adopted child including: (a) a child who has been placed with you for adoption provided the child is not removed from placement prior to legal adoption; or (b) a child for whom entry of an order granting custody to you has been made

** Proof of the child's condition and dependence must be submitted to our healthcare provider within 120 days after the date the child ceases to qualify above. Our healthcare provider may, from time to time, require proof of the continuation of such condition and dependence.

»¨¼¾´«Ã½ identification (I.D.) cards are issued to all regular, part-time and full-time employees and their dependents (as defined by »¨¼¾´«Ã½’s DEFINITION OF DEPENDENT and/or the Internal Revenue Code). Only dependents, age 16 and over, will be issued separate I.D. cards. I.D. cards are required to gain access to some buildings on campus and are used to access various employee benefits including but not limited to: use of Lilly Center athletic facilities, admission to home athletic events, use of »¨¼¾´«Ã½ libraries, and receipt of discounts at the University bookstore. I.D. cards can only be issued after employees have completed withholding forms and fulfilled the requirements of Form I-9. Employees should allow up to three (3) business days for processing of paperwork before reporting to the Campus I.D. Office to receive the I.D. card(s). The Campus I.D. Office is located in the Julian Science and Math building, room 163.  This office may be reached at extension 4253.

Date: August, 2011
Contact: Human Resources, x4181

Purpose:
The purpose of this policy is to facilitate the early return to work by providing accommodations for a staff member who has a work related illness or injury.

Policy:
When an employee is injured or becomes ill due to a work-related incident, the treating physician may find it necessary to return the employee to work with medical restrictions which will impact the individual‟s ability to perform their regular job function. In such instances, the first choice for the home department/office should always be to seek to accommodate the employee by adjusting the work assignment in such a way as to permit the employee to continue to perform the regular job while operating within the restrictions. When this is not possible, the next desirable approach is for the home department/office to temporarily assign the employee to other duties which he/she can perform within the parameters of the medical restrictions.

However, in some cases, a department/office will not be able accommodate the employee in any kind of light duty assignment. In such cases, the last option available prior to taking the employee off-work completely is to temporarily loan the employee to another department/office which can accommodate the restrictions.

Procedures

1. Department Reviews Release to return to work documentation.Upon return from the medical appointment, the employee will present the supervisor with the release-to-return-to-work paperwork prepared by the treating physician. If this release indicates light duty is required the supervisor has the following options.

   Options available

   1. Accommodations within regular position:Consider whether the employee‟s regular job can be temporarily modified to permit the employee to work within the restrictions.
   2. Accommodations cannot be met within regular position:If the restrictions cannot be met within the regular position, the supervisor will then determine if the employee can be accommodated in a special light duty assignment in their regular department.
      1. The employee will sign a participation form available in the Office of Human Resources indicating clear understanding of the responsibilities associated with the assignment.
   3. Accommodations cannot be met within the department: If restrictions cannot be met anywhere in the home department, the supervisor will send supporting documentation to the Office of Human Resources.
2. Find a Host Department for Light Duty.The Office of Human Resources has on file a listing of self-identified light duty sites and will determine if any of the sites can accommodate the employee given the restrictions identified in the report.
3. Arranging a Host Site.The Office of Human Resources will contact and make arrangements with a host department supervisor and follow-up with the home department supervisor if arrangements can be made. The employee and the site host supervisor will sign a participation form available in the Office of Human Resources indicating clear understanding of the responsibilities associated with the assignment.
4. No suitable light duty. If no suitable light duty assignment can be found for the employee on the University campus, the employee will be placed off-work until such time as the restrictions are lifted or modified.

A. Introduction

The University has adopted this Policy in part to: encourage employee and student productivity; maintain the integrity and security of its network and computing resources and electronic communication systems; preserve its academic and business interests; and protect confidential information. This Policy cannot and does not provide rules and requirements to address every possible situation that may arise. However, it does provide certain minimum standards and requirements with respect to electronic communication issues. The University reserves the right to change, revise or add to this Policy at any time with such notice as it deems appropriate.

Under its Intellectual Property policy, the University has granted to faculty members the intellectual property rights to materials they have authored (articles, books, software, manuscripts, syllabi and course materials) and the results of their research. Faculty members may be required to provide copies of course materials or research protocols if needed for personnel reviews, program reviews, or campus disciplinary proceedings, including the enforcement of this or other policies. All other aspects of the University's electronic communication facilities, including all equipment and data, messages, or other information transmitted, stored or maintained on or in such facilities, are and remain at all times the property of the University, unless otherwise expressly noted in a written confirmation signed by an authorized University official. However, such ownership shall not include any such information that is in violation of any University policy, including, but not limited to, this Policy. »¨¼¾´«Ã½ recognizes and honors the importance of academic freedom, and the provisions of the Policy will be enforced with respect to the teaching and research mission of the University.

B. Policies

1. Permissible Uses of Electronic Communication Facilities

a. Electronic communication facilities are intended to be used primarily for official University business, including employee and student academic pursuits, and employee administrative, personnel and/or business matters. However, reasonable use of University-owned or operated electronic communication facilities for non-commercial personal purposes is permitted if it does not entail a direct cost to the University, interfere with the completion of job responsibilities, impede network operations, or violate University policies, including, but not limited to this Policy. Should users make use of the electronic communication facilities to transmit personal messages, such messages shall not be treated with a higher standard of privacy than any other electronic communication. The University reserves the right to place additional restrictions on the personal use of its electronic communication facilities if necessary to conserve network resources for University purposes. Further, those using the University’s electronic communication facilities must use such facilities in a responsible and lawful manner. Unlawful use of electronic communication facilities or use of such facilities which violates any University policy, including this policy, by any user, as determined solely by University officials, will be cause for the University to deny such user further access to such facilities and may be cause for other University disciplinary action, up to and including termination from employment or expulsion.

b. Consistent with this Policy, users may use the electronic communication facilities to initiate or receive electronic communication. Users should only use their own files, those that have been designated as "public" files, or those that have been made available to them with the knowledge and consent of the owner.

c. Users shall always keep all copyright and trademark notices intact on University or third-party materials that are received or disseminated in electronic communication. An authorized University representative shall be consulted if there is any question about the form of such notice.

d. Users of electronic communication facilities in all IS facilities (including any remote sites operated by IS) must: a) fully identify themselves (e.g., by showing a University ID card or other appropriate identification) to any IS staff member or student employee who requests such ID; b) act in an appropriate manner towards other users and IS staff; and c) respect and follow all applicable rules and any notices (e.g., those concerning hours of operation) posted in IS facilities.

2. Prohibited Uses of University Electronic Communication Facilities

a. Commercial Purposes: Electronic communication facilities shall not be used for commercial purposes unrelated to the business of the University or for any commercial purpose that has not been expressly authorized by the University.

b. Other Prohibited Uses and Restrictions:

i. Electronic communication facilities shall not be used to access or transmit electronic communication which contain unlawful content, including, but not limited to content that is defamatory or harassing. This prohibition shall not apply to educational and professional work that requires such access or transmission. 

ii. Users should not attempt any unauthorized connection to a host using electronic communications facilities.

iii. Electronic communication facilities should not be used to transmit, copy, or store confidential information, except as authorized by University officials. Further, all users must exercise a great deal of caution in transmitting and storing confidential information due to the ease with which electronic communication may be reproduced, stored and/or redistributed. Users should be particularly cautious in using distribution lists if confidential information is being transmitted.

iv. Electronic communication facilities should not be used in any way that may infringe upon the rights of the holder of any copyright or trademark. Downloading, copying or installing software or other data that is subject to copyright, trademark or other legal protection without appropriate authorization or license is prohibited. Information Services (IS) staff will not knowingly provide support for software that a user possesses in violation of the applicable license agreement. IS staff may ask for proof of ownership before helping users with their software. IS staff will not knowingly allow infringing copies or otherwise unauthorized copies of software to be installed on electronic communications facilities and will remove any such suspect software loaded onto electronic communication facilities.

v. Electronic communication facilities shall not be used in any manner that: is contrary to the University's interests; attempts to obscure, withhold or falsify the identify of the sender; impairs the electronic communication facilities in any way; attempts to gain access to the electronic communication of third parties (unless expressly authorized by such third party or by the University); interferes with, interrupts or obstructs the ability of others to use such facilities; is not related to the performance of an employee's job responsibilities or a student's academic work; and/or is not otherwise authorized by the University.

vi. Electronic communication facilities shall not be used in violation of University policies or local, state or federal laws, rules or regulations.

vii. Users shall not abuse or vandalize any electronic communication facilities. Users are to immediately report any observed or suspected instances of abuse or vandalizing of electronic communication facilities to University officials.

viii. Users should relinquish public computing facilities that they are using if they are doing non-essential work when the computers are in heavy demand. Electronic communication facilities should not be monopolized.

c. Security/Breach of Security

i. Although the University uses various methods in an effort to secure its electronic communication facilities, the University cannot guarantee such security. Electronic communication and electronic communication facilities shall not be used to breach the electronic security of others. A breach of security includes, but is not limited to: any unauthorized attempt to compromise any electronic communication facility, including the use of network privileges, accounts, access codes, identifiers or passwords, or equipment; knowing and unauthorized interception, access, disclosure, disruption, damage, destruction or unauthorized alteration/modification of any electronic information, or electronic communication facilities, including software or hardware; and any unauthorized and intentional disruption or interference with others' use of electronic communication facilities.

ii. Users of electronic communication facilities are responsible for protecting their personal account information and/or password. Any user holding a personal account and its password is, at all times, responsible for its use and all activity originating from that account or using that password. Any attempt to determine the passwords or personal account information of others is strictly prohibited.

3. Privacy 

Although University email messages are encrypted by University systems as part of the regular transmission process, the University cannot guarantee the privacy of electronic communications, and users should not expect their use of electronic communication facilities will be private. Users who further encrypt an electronic communication must furnish the encryption key or software to the University upon request so that the University may fulfill its obligations under the provisions of this policy.

C. Monitoring and Disclosure

1. In General

The University reserves the right to monitor or disclose the content of any electronic communication sent, received or stored using electronic communication facilities. Monitoring, investigation, and examination of electronic content will only be conducted in connection with a specific event, such as the delivery of a warrant for search and seizure or other permissible events as listed in the Policy. Employees are not permitted to engage in the monitoring, investigation, or examination of electronic communication content without prior specific authorization of the Chief Information Officer as specifically permitted under the Policy. Employees do regularly monitor the performance of the University’s computing resources, and the University reserves the right to install or update files on any University-owned computer to assure the performance or security of the campus computing environment. Use of the electronic communication facilities shall be deemed to constitute consent to allow the University to exercise its rights outlined in this Policy and agreement to abide by this Policy.

2. Monitoring and Disclosure

As the owner or operator of electronic communication facilities and a private institution of higher education, the University will monitor or disclose the content of the electronic communication of users only under the following circumstances:

a. A party to the communication consents; or

b. The communication is readily accessible to the public (examples include, but are not limited to, web pages, e-mails sent to a public mailing list, or a newsgroup post); or

c. The University has an administrative need to access an e-mail, voice mail or other electronic communication or electronic communication facilities (examples include routine maintenance, backup of data, monitoring of usage patterns, troubleshooting or investigation of an excessive use of network resources that adversely affects performance or protection of the University’s rights or property); or

d. The University is furnished with reasonable information causing it to conduct a review or investigation of any electronic communication or the use of electronic communication facilities (examples include reports or evidence of hacking, identity theft, harassment, commercial card fraud). The University has sole discretion to conduct such a review or investigation under this Policy; or

e. The monitoring or disclosure occurs as a result of the University's obligations under local, state and/or federal laws, rules or regulations.

D. Retention and Archival Storage of Electronic Communications

1. Policies

a. Records created or stored in digital format, including electronic communication, may be subject to state or federal laws or University record-keeping policies.

2. Employee Responsibilities

Employees are responsible for copying electronic communication for storage in departmental or office files as required by law or University policy.

a. The University does not maintain centralized or distributed archives of electronic communication sent or received over its electronic communication facilities. Backups made for maintenance or troubleshooting purposes are erased at regular intervals.

b. Staff should periodically store such copies in departmental or office files for subsequent review followed by either archival storage or destruction in accordance with general University record-keeping policies.

E. Acceptance of Electronic Signature

[User] understands and agrees that by clicking the “I ACKNOWLEDGE” button the [User] is electronically signing the Request for Release of Educational Records or is authorizing specific University action and that the electronic signature is [User]’ s valid and binding signature for purposes of the Educational Records and authorization. [User] understands that: (1) All representations, information and electronic signature(s) [User] provides have the same force and effect they would have if made in non-electronic form; (2) »¨¼¾´«Ã½ can and will rely on the Request for Release of Educational Records; and, (3) [User] intends to be bound to and electronically sign the Request for Release of Educational Records or other authorization by clicking the “I ACKNOWLEDGE” button. [User] further agrees that Indiana’s version of the Uniform Electronic Transactions Act (the “Act”) applies to the Request for Release of Educational Records, that the Request for Release of Educational Records is a transaction for purposes of the Act, and the [User] consents to the exclusive jurisdiction of Indiana courts in resolving any conflicts arising out of the Request for Release of Educational Records.

F. Violations

Violations of this Policy by any user will be cause for the University to deny such users further access to the electronic communication facilities and may result in disciplinary action, up to and including termination from employment or expulsion. In certain circumstances, violators may be prosecuted. Violations of this Policy or the alleged misuse of University electronic communication facilities should be reported to the Public Safety Office, the Human Resources Office, or the Chief Information Officer. Reports and violations will be investigated and adjudicated according to the applicable University policies and procedures. The University reserves the right to delete any electronic communication from its electronic communication facilities that violates any provision of this Policy or any other University policy.

G. Relationship to Other University Policies

This Policy is a supplement to other University policies including, but not limited to, policies governing the appropriate or acceptable use of University property and/or electronic communication facilities.

H. Definitions

1. "Confidential information" means any information, data, documents or tangible things which contain proprietary or private information including, but not limited to information not generally known to persons outside of the University concerning students, academic or business matters, donors, alumni, financial or scholarship matters, grant matters, personnel matters, trade secrets, and/or development or business plans. 

2. "Direct cost" means a cost, fee or charge assessed for a product or service provided for some purpose other than a valid University purpose (for example, unauthorized long-distance telephone charges and printing costs). 

3. "Electronic communication" includes, but is not limited to, electronic mail ("e-mail"), newsgroup posts, internal or external bulletin board posts, Internet or World Wide Web pages ("web pages"), data and file transfers, voice mail, telephone and pager messages, facsimile transmissions, any other electronic communication sent, published, or received by an employee, student or guest using electronic communication facilities, and any other information transmitted, stored or maintained in or on such electronic communication facilities. 

4. "Electronic communication facilities" includes, but is not limited to, all University-owned or operated: equipment, data, telephones, computers, computer networks, servers, workstations, personal computers, removable media, electronic voice mail systems, e-mail systems, pagers, facsimile machines, scanners, electronic external or internal bulletin boards, wire services, on-line services, the Internet or World Wide Web, or any other communication system or electronic technical resource provided, owned or operated by the University. 

5. Monitor and “monitoring” mean to intercept, access, or inspect an electronic communication with the purpose of viewing the data contained therein. "Monitor" does not include automatic scanning of an electronic communication by network security and performance software such as a firewall, anti-virus, or packet shaper program. 

6. "Employees" means any and all full- and part-time, temporary and regular University employees including, but not limited to faculty members, administrators, instructors, staff members, classified personnel and student employees who have been authorized to use the electronic communication facilities. 

7. "Students" means any and all students who have paid a deposit or are currently enrolled in the University, as well as former students who have been authorized to use the electronic communication facilities. 

8. "Guests" means any and all persons not directly connected to the University, but who have been authorized to use the electronic communication facilities. 

9. "University authorization", “University authorized”, or authorization from the “University”, a “University official”, or “University officials” means any written or oral express permission granted by one of the following University representatives: the President, the Vice President of Academic Affairs, or the Chief Information Officer. 

10. "User" means any and all employees, students and guests. 

11. "IS" means University Information Services.

I. Revisions

1. May 13, 2022 – Revised section B.2.a.i. Other Prohibited Uses and Restrictions.

(May 13, 2022)

All employees regardless of employment status or employee definition, are subject to all University rules and procedures.
The Department of Labor classifies employees into two categories as follows:
Nonexempt: These employees are not employed in an executive, administrative, or professional capacity and are covered by the federal minimum wage and maximum hours law. These positions are generally paid on an hourly basis.
Exempt: These employees are employed in an executive, administrative, or professional capacity and are not covered by the federal minimum wage and maximum hours laws. Other tests must be met for employees to be eligible for this category. These positions are paid on a salary basis but paying employees on a salary basis does not automatically qualify them for exempt status.

Within the Department of Labor categories, »¨¼¾´«Ã½ maintains standard classifications as follows:

Full-time: Employment in an established position requiring a regular schedule of 35 to 40 hours of work per week and more than 1000 regular hours of work per fiscal year for a period of 9, 9 ½, 10, 10 ½, 11, or 12 months. Full-time employees are eligible for full participation in benefit programs.
Part-time: Employment in an established position with a regular schedule of less than 40 hours of work per week and up to 1000 regular hours per fiscal year. Part-time employees are eligible for limited participation in benefit programs.
Temporary: Employment in a job established for a specific purpose, for a specific period of time, or for the duration of a specific project or group of assignments. Temporary employees have a defined employment period that includes a beginning employment date and an ending employment date. They are limited to 1000 regular hours per fiscal year. Participation in benefit programs is limited to eligibility for worker’s compensation benefits.
On-call: Employment in a job on an “as needed” basis. On-call employees do not work a defined/regular schedule. They are limited to 1000 regular hours per fiscal year. Participation in benefit programs is limited to eligibility for worker’s compensation benefits.
Please be advised that all hours worked in all part-time, temporary, and on-call positions are combined when calculating the 1000 annual hour maximum for employees in these categories.

»¨¼¾´«Ã½ Title IX and Sexual Misconduct Policy and Procedure

»¨¼¾´«Ã½ (the “University”) is committed to fostering an environment that values and respects every member of our campus community. In alignment with this commitment, the University maintains a Title IX and Sexual Misconduct Policy (the “Policy”) that ensures equity, impartiality, and the absence of bias or conflict of interest for all parties involved. Consistent with Title IX requirements, the respondent is presumed not responsible until a determination is made at the conclusion of the process.

The University is enriched by the many experiences and perspectives each person brings to the University. The University does not discriminate on the basis of race, color, creed, sex (including gender identity, gender expression, pregnancy or pregnancy-related conditions), sexual orientation,  religion, age, ancestry, national or ethnic origin, veteran or military service status, disability, genetic information (including family medical history), or on the basis of any other category protected under federal, state, or local law, in connection with admission or access to, treatment in, or application for or employment by, the University and its programs and activities. The University prohibits any such discrimination in any education program or activity it operates. Harassment, whether verbal, physical or visual, that is based on any of the above-identified characteristics is a form of discrimination. Where discrimination is found to have occurred, the University will take reasonable steps to address the matter and take appropriate remedial action. The University will not retaliate against, nor tolerate retaliation against, any person for reporting discrimination or participating in any investigative process.

The University provides reasonable accommodations to applicants, students and employees with disabilities and for sincerely held religious beliefs, observances, and practices.

Questions, concerns, or complaints regarding the University's nondiscrimination policy may be directed to the Director of Human Resources, who can be reached at: 

Studebaker Administration Building
313 S. Locust Street
Greencastle, IN 46135
(765) 658-6395
hr@depauw.edu

To report Title IX or other sex-based harassment, contact the Title IX Coordinator (). To report other forms of discrimination, contact HR (). For questions, concerns, or complaints about the university’s compliance with TIX or other federal nondiscrimination laws, contact the U.S. Department of Education Office of Civil Rights.  

»¨¼¾´«Ã½ Title IX Office 
Studebaker Administration Building
313 Locust Street
Greencastle, IN 46135
(765) 658-4220
titleixcoordinator@depauw.edu 

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

This Policy informs members of the University community about the University's prohibition against Title IX Sexual Harassment, which includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking, as well as other forms of Sexual and Gender-Based Harassment (including conduct defined under Title VII) of the Civil Rights Act of 1964, Sexual Exploitation and Retaliation (collectively, “Prohibited Conduct”). It provides information about resources, reporting options, and prompt and equitable resolution options. 

Scope

This Policy governs the conduct of faculty, staff, students, alumni, members of the Board of Trustees (Trustees), volunteers, and other participants while engaged in University programs and activities. It also governs the conduct of third parties, including visitors and third-party contractors and vendors.

In this Policy, the individual reported to have experienced Prohibited Conduct is referred to as the Complainant. The individual who is reported to have committed Prohibited Conduct is referred to as the Respondent.

This Policy applies to acts of Prohibited Conduct that occur both in the United States and in the University's education program or activity. The term “education program or activity” includes all of the University's operations, including events or circumstances over which the University exercises substantial control over both the Respondent and the context in which the conduct occurs; and any building owned or controlled by a student organization that is officially recognized by the University. The University's education program or activity can include on-campus, off-campus, or online conduct, and applies to employment and admissions. Examples include University-sponsored, University-funded or otherwise University-supported study off campus, research, internship, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises.

The Policy also applies to Prohibited Conduct that occurs outside of the United States, but in connection with the University's education program or activities, such as University-sponsored, University-funded or otherwise University-supported study abroad programs.

Under certain circumstances, the Policy may also apply to instances in which the conduct occurred outside of the education program or activity, but where the University otherwise regulates the conduct, the conduct has or could have a continuing impact within the University's education program or activity, or the conduct may have the effect of posing a serious threat to the University community.

If the Respondent is not an employee or student, »¨¼¾´«Ã½’s ability to take disciplinary action will be limited and is determined by the context of the Prohibited Conduct and the nature of the relationship of the third party Respondent to the University. A visitor or third-party who is accused of violating this Policy may have their relationship with »¨¼¾´«Ã½ terminated and/or be permanently barred from the University or subject to other restrictions for failing to comply with this Policy.

In instances where the University does not have disciplinary authority over the Respondent or the conduct is unconnected to a University education program or activity, the University will take steps to support a Complainant or other campus community members by offering reasonably available Supportive Measures and provide assistance in identifying external reporting mechanisms.

Federal Jurisdictional Requirements Unique to Title IX Sexual Harassment | The Title IX regulations apply to specific forms of sexual harassment that occur in an education program or activity in the United States as outlined below. Where conduct occurs outside of the education program or activity, outside of the United States, or would not meet the definition of Title IX Sexual Harassment, the University is required to dismiss any allegations in a formal complaint under Title IX.

However, in keeping with the University's educational mission and commitment to foster a learning, living, and working environment free from discrimination, harassment and retaliation, the University can move forward under the same resolution process for Sexual and Gender-Based Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking and other forms of Prohibited Conduct that occur outside of Title IX Jurisdiction (e.g., not in the United States, or as noted above, outside of the education program or activity).

Title IX Sexual Harassment 

Title IX Sexual Harassment is Prohibited Conduct on the basis of sex that constitutes one of the following: 

1. Sexual Harassment: (A) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the Complainant equal access to the University’s education program or activity; or (B) An employee of the University conditioning the provision of an aid, benefit, or service of the University on a Complainant’s participation in unwelcome sexual conduct.

2. Sexual Assault: Having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see below for definition of consent and incapacitation). Sexual contact includes: 

a. sexual intercourse (anal, oral, or vaginal), including penetration with a body part (e.g., penis, finger, hand, or tongue) or an object, or requiring another to penetrate themselves with a body part or an object, however slight; or 

b. sexual touching of the private body parts, including, but not limited to, contact with the breasts, buttocks, groin, genitals, or other intimate part of an individual’s body for the purpose of sexual gratification.

3. Dating Violence: violence committed by a person— 

a. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and 

b. where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. 

4. Domestic Violence: felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the Indiana domestic or family violence laws, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

5. Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to— 

a. Fear for their own safety or the safety of others; or 

b. suffer substantial emotional distress. 

6. Title IX Retaliation: Conduct, including intimidation, threats, coercion, or discrimination, against an individual for the purpose of interfering with any right or privilege secured under Title IX or its implementing regulations, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX Resolution Process. The exercise of rights protected under the First Amendment does not constitute Title IX Retaliation. A good-faith pursuit by either party of civil, criminal or other legal action does not constitute Title IX Retaliation. 

Other Forms of Prohibited Conduct

1. Non-Consensual Sexual Contact: Physical contact of a sexual nature, or the touching of the private body parts of another person, regardless of whether the contact is for the purpose of sexual gratification, by one person against the will of or without the consent of another.

2. Retaliation: Conduct, including intimidation, threats, coercion, or discrimination against an individual for the purpose of interfering with any right or privilege secured under this Policy, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Resolution Process. The exercise of rights protected under the First Amendment does not constitute Retaliation. A good faith pursuit by either party of civil, criminal or other legal action does not constitute Retaliation.

3. Sexual Exploitation: Nonconsensual use of sexual activity involving one or more persons for one’s own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, and the behavior does not otherwise constitute another form of Prohibited Conduct under this Policy. Examples of sexual exploitation include prostituting another student, non-consensual video or audio taping of sexual activity, sharing consensual video or audio taping of sexual activity without all parties’ consent, allowing others to secretly watch sexual activity without all parties’ consent, and knowingly transmitting a sexually transmitted infection.

4. Violation of a No Contact Directive: Engaging intentionally in conduct or communication with an individual, whether directly or indirectly, or otherwise acting in contradiction to the explicit terms of the No Contact Directive, after having been directed by the University to have no contact with the stated individual. 

5. Voyeurism: Knowingly or intentionally looking at or observing another individual, who has an expectation of privacy, in a clandestine, surreptitious, prying, or secretive nature without the consent of the other person. 

Conduct under this Policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent.

Report

Here are the avenues for reporting incidents of Title IX and Sexual Misconduct:

• Disclosure to Title IX Coordinator: Disclose incidents of conduct prohibited under this Policy directly to the Title IX Coordinator or the Coordinator’s designee, the Deputy Title IX Coordinator [See Appendix A Title IX Coordinator definition.]. An individual may disclose Prohibited Conduct:

In person:

Studebaker Administration Building
313 Locust Street, Greencastle, IN 46135
Phone: 765-658-4155
Email: titleixcoordinator@depauw.edu

Web:www.depauw.edu/studentaffairs/title-ix/report-an-incident-of-sexual-misconduct/ 

• Disclosure to an Employee: Disclose incidents of conduct prohibited under this Policy directly to an Employee (including students employed as resident assistants who receive disclosures in their roles as resident assistants), who are obligated to report the disclosure to the Title IX Coordinator; 

• Disclosure to a Confidential Resource: Seek assistance from a Confidential Resource, who is not required to report the disclosure to the Title IX Coordinator. University employees who are Confidential Resources include licensed counselors, medical professionals, and ordained clergy acting in a pastoral care capacity. Complainants and witnesses can reach »¨¼¾´«Ã½ Counseling Services at 765-658-4268, »¨¼¾´«Ã½ Health at 765-658-4555, and the Center for Spiritual Life at 765-658-4615. 

• Disclosure to a SASA: Disclose, as students, incidents of conduct prohibited under this Policy to a Sexual Assault Survior Advocate (SASA) who upon request of the Complainant, may initially preserve the anonymity of the Complainant, but will share de-identified information with the Title IX Coordinator at 765-658-4650; and/or 

• Disclosure to »¨¼¾´«Ã½ Police: Report incidents of conduct that may violate state law to »¨¼¾´«Ã½ Police (the University’s police department), who are obligated to report the disclosure to the Title IX Coordinator and/or to another appropriate external law enforcement agency, 765-658-5555.

An individual may make a disclosure to the University, to law enforcement, to neither, or to both. Complainants and other disclosing individuals are encouraged to disclose any violation of this Policy as soon as possible in order to maximize the University's ability to respond promptly and effectively. There is no time limit for disclosing; an individual may disclose Prohibited Conduct under this Policy at any time without regard to how much time has elapsed since the incident(s) in question.

Intake

Supportive Measures  | Supportive Measures are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter Prohibited Conduct. 

Supportive Measures are offered as appropriate, as reasonably available, and without fee or charge, to both the Complainant and the Respondent. Supportive Measures are available to the Complainant and the Respondent regardless of whether the Complainant makes a Formal Complaint. The options for Supportive Measures will be discussed upon receipt of a disclosure and will be outlined in writing. Examples of Supportive Measures that may be implemented include, but are not limited to: 

• providing access to counseling; 

• issuing mutual no contact directives to each of the parties; 

• assisting in requesting a criminal protective order; 

• changing student housing; 

• extensions of deadlines or other course-related adjustments; 

• rearranging class or work schedules if available; 

• assisting with local law enforcement; and, 

• adjustments to »¨¼¾´«Ã½ job responsibilities or extracurricular activity responsibilities. 

The availability of Supportive Measures will be determined by the specific circumstances of each disclosure. 

The University will consider a number of factors in determining which measures to take, including: 

• the needs of the student or employee seeking Supportive Measures; 

• the severity or pervasiveness of the disclosed conduct; 

• any continuing or disproportionate effects on the Complainant; 

• whether the Complainant and the Respondent share the same residence hall, academic course(s), or job location(s); and, 

• whether judicial measures have been taken to protect the Complainant (e.g., protective orders). 

The University will work in good faith to implement the requirements of judicially issued protective orders and similar orders, to the extent that doing so is within its authority. 

Any Supportive Measure cannot be punitive in nature and will not unreasonably burden the other party. Requests for Supportive Measures may be made to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of Supportive Measures and coordinating the University's response with the appropriate offices on campus. The Title IX Coordinator has the discretion to provide and/or modify any Supportive Measure based on all available information and is available to meet with a Complainant or Respondent to address any concerns about the provision of Supportive Measures. The University will maintain the confidentiality of any Supportive Measures provided under this Policy to the extent practicable and will promptly address any violation of Supportive Measures. 

Initial Assessment  | Upon receiving notice of Prohibited Conduct, the Title IX Coordinator will conduct an initial assessment by promptly contacting the Complainant to address any immediate physical safety and emotional support needs, discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, provide a copy of the Policy, and explain to the Complainant their rights under the Policy and their options for addressing the Prohibited Conduct. The Complainant may request Supportive Measures only, or may make a Formal Complaint. Alternatively, as described below, the Title IX Coordinator may determine that it is appropriate to file a Formal Complaint even in the absence of a Formal Complaint filed by a Complainant. After the filing of a Formal Complaint, the Complainant may decide to seek either formal or informal resolution. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated. 

As part of the initial assessment, the Title IX Coordinator will be responsible for determining whether the disclosed conduct falls within the scope of the Policy. Once an assessment has been made, the Title IX Coordinator will determine resolution options. 

The University will seek to complete the Initial Assessment as promptly as possible, typically within ten (10) business days. There may be circumstances, however, where the Initial Assessment takes longer based on the availability of the Complainant or other necessary information, the need to gather additional information, or other factors outside of the University’s control. The University also understands that a Complainant may need additional time to make decisions regarding their options, which may impact the timing of the conclusion of the Initial Assessment. 

The Title IX Coordinator will document each report or request for assistance, including requests for Supportive Measures, as well as the response to any such report or request; and will review and retain copies of all reports generated as a result of any investigation. The University will maintain the records in accordance with the provisions found in Appendix A Record Retention. 

Overview of Resolution Processes

The University is committed to providing a prompt, thorough, equitable, and impartial resolution of all reported violations of this Policy. To implement this Policy, the University has developed a formal and an informal resolution process to resolve reports of Prohibited Conduct. 

Informal Resolution | An informal framework that includes informal or restorative options for resolving reports that typically do not involve disciplinary action against a Respondent.

Formal Resolution | Formal procedures that involve an investigation, adjudication and, if appropriate, the imposition of sanctions.

In all formal and informal resolution processes, the University will treat Complainants and Respondents equitably by offering Supportive Measures when the University has notice of potential Prohibited Conduct, and by following either the formal or informal resolution process before the imposition of any disciplinary sanction against a Respondent. Upon receipt of a report of Prohibited Conduct, the University will conduct an initial assessment of the available information and consider the Complainant's stated interests, as well as the University's compliance obligations, in determining how to proceed. A report of Prohibited Conduct may be resolved through: provision of Supportive Measures only; pursuing the formal resolution process, which involves a prompt, equitable and impartial investigation, a live hearing, and an appeal; or, pursuing an informal resolution process, which requires the voluntary and written consent of the Complainant, the Respondent and the University. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated.

Resolution Option: Informal Resolution

Informal Resolution is a voluntary process that may result in the parties and the University agreeing on a resolution of the allegations of a Formal Complaint in lieu of an investigation and/or adjudication. Where the parties agree to consider an Informal Resolution and the Title IX Coordinator concludes that it may be appropriate, the University will work with the Complainant and Respondent to craft an Informal Resolution process based on the unique circumstances of the parties and the disclosed Prohibited Conduct. Both parties must agree to the Informal Resolution process voluntarily and in writing. An Informal Resolution may be requested at any time between the making of a Formal Complaint and the commencement of a Decision Panel Meeting to determine responsibility. Informal resolution will not be permitted to resolve reports of an employee engaging in Title IX Sexual Harassment against a Student. 

Potential outcomes of an Informal Resolution include but are not limited to targeted or broad-based educational programming or training, supported direct confrontation of the Respondent through restorative justice or mediation practices, and/or indirect action by the Title IX Coordinator. Measures designed to maintain the Complainant’s access to the educational, extracurricular, and/or employment activities of the University and to eliminate a potential hostile environment may also be included regardless of whether they disproportionately impact the Respondent, if agreed to by the parties. An Informal Resolution does not necessarily involve the Respondent admitting to a Policy violation or the University taking disciplinary action against the Respondent; however, the parties may agree on a resolution that includes such elements. The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of Informal Resolution. The decision to pursue Informal Resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time after a Formal Complaint is made. 

If the parties are interested in pursuing Informal Resolution, the Title IX Coordinator will send written notices to the parties describing: 

1. The details of the conduct at issue;

2. The requirements of the Informal Resolution; 

3. The circumstances under which the parties are precluded from resuming a Formal Complaint arising from the same allegations; 

4. The right to end the Informal Resolution process at any time prior to completion and resume the Formal Resolution process; and 

5. The consequences resulting from participating in the Informal Resolution.

The Title IX Coordinator will maintain records of all disclosed Prohibited Conduct and conduct referred for Informal Resolution.

Resolution Option: Formal Resolution

Notice  | 1. A Complainant may make a Formal Complaint of Prohibited Conduct if they are participating in or attempting to participate in the University’s Education Program or Activity at the time the Formal Complaint is made. Alternatively, the Title IX Coordinator may file a Formal Complaint on behalf of a Complainant. 

2. The Title IX Coordinator will ask the Complainant questions to gather information related to jurisdiction for the Formal Complaint and will then evaluate the available information surrounding the Formal Complaint to determine whether: (a) the conduct could, if proved, constitute a violation of Title IX Sexual Harassment; (b) the conduct occurred in the University’s education program or activity, (c) the conduct occurred in the United States, (d) the Respondent is under the control of the University, (e) and the conduct occurred on campus or in a university-owned building or one operated by a registered student organization.  If all five of the conditions above are met, the Formal Complaint will proceed as a Title IX Formal Resolution Process. The Title IX regulations require the University to dismiss some or all of the allegations in the Formal Complaint related to Title IX Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence and Stalking, if these conditions are not met. While Formal Complaints falling outside of the Title IX regulations will be dismissed for Title IX purposes, where such conduct otherwise constitutes Prohibited Conduct and falls within the scope of this Policy, it will still be addressed and proceed to either the Formal or Informal Resolution process.

3. If the requirements of Paragraph 2 are met, the Title IX Coordinator will provide both the Complainant and Respondent with a written notice of allegations in the Formal Complaint that includes (a) a description of the Formal Resolution process (b) sufficient details of the disclosed conduct constituting a violation of the Policy to prepare a response, including the identities of the parties, if known, the disclosed conduct which could be a violation of the Policy, and the date and location of the disclosed conduct, (c) the potential Policy violations at issue; (d) a statement that the Respondent is presumed not responsible for the disclosed conduct and that a determination regarding responsibility is made at the conclusion of the Formal  Resolution process (e) the name of the assigned Investigator and an opportunity to object to the Investigator on the basis of bias or conflict of interest; (f) a statement that the party may have an Advisor of their choice, who may be but is not required to be an attorney, and that if the party does not have an Advisor, the University will provide them an Advisor to ask questions of the other party and witnesses; (g) a statement that the parties and Advisors may inspect and review evidence directly related to the allegations at the conclusion of the investigation phase; (h) a statement about preservation of evidence; and (i) the prohibition against retaliation. If, in the course of the investigation of the Formal Complaint, information is gathered that indicates that additional violations may warrant investigation as well, the Title IX Coordinator will send revised notice to the parties to include those potential violations. After notifying a Respondent of the Formal Complaint, the Title IX Coordinator will also meet with the Respondent to explain the investigation/adjudication process, available resources, and Supportive Measures. 

4. If a Complainant or Respondent believes that the assigned Investigator(s) may have a conflict of interest or bias which could result in their inability to provide a fair investigation to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new Investigator. 

5. At any time during the investigation or Decision Panel Meeting, certain circumstances may occur that make dismissal of a Formal Complaint appropriate, including written notification to the Title IX Coordinator that the Complainant wishes to withdraw the Formal Complaint, the Respondent is no longer enrolled in the University, or specific circumstances prevent the University from gathering evidence sufficient to make a determination of responsibility for the disclosed conduct. In such cases, written notice of the decision to dismiss will be provided to the parties, and such decision is subject to appeal as provided in this Policy. 

Investigation  |  6. The Investigator shall conduct a fair, impartial and thorough investigation, which may include, but is not limited to, interviews or written statements with the Complainant, the Respondent, and relevant witnesses, as well as collection of available evidence, including electronic and social media communications, documents, photographs, and communications between the parties. The investigation is designed to provide both parties a full, equal, and fair opportunity to be heard, to submit relevant inculpatory or exculpatory information, and to identify fact or expert witnesses. Neither party’s ability to discuss the disclosed conduct under investigation or to gather and present relevant evidence will be restricted. 

7. The Complainant and the Respondent are required to have an Advisor(s) to assist during the investigation and adjudication of a Formal Complaint. The Advisor may be an attorney. The University will provide a list of trained Advisors from its administrative staff, and can assist in connecting Complainants and Respondents with Advisors if requested. An Advisor may provide support, guidance or advice to the Complainant or Respondent, but may not otherwise participate in meetings except as provided below regarding questioning during a Decision Panel Meeting or unless requested to do so by the University. An Advisor may not in any manner delay, disrupt, or interfere with meetings and/or proceedings. Advisors should plan to make themselves reasonably available, and the University will not unduly delay the scheduling of meetings or proceedings based on the Advisor’s unavailability. Advisors who are unable or unwilling to adhere to the University’s expectations may not be permitted to continue participating in the Formal Resolution process. 

8. The University, not the parties, is responsible for the burden of proof and the burden of gathering relevant evidence to the extent reasonably possible. Both the Complainant and Respondent will be asked to identify witnesses and provide other relevant information, such as documents, communications, photographs, and other evidence. Both parties are encouraged to provide all relevant information in a timely manner to facilitate prompt resolution. In the event that a party declines or delays in voluntarily providing material information, the University’s ability to conduct a prompt, thorough, and equitable investigation may be impacted. All parties or witnesses whose participation is invited will be provided written notice of the date, time, location, participants, and purpose of all meetings, including investigative interviews or Decision Panel Meetings, with sufficient time for the party to prepare to participate. 

9. The Investigator may visit relevant sites or locations and record observations through written, photographic, or other means. In some cases, the Investigator may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. The University will not consider polygraph results. 

10. In general, the University cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, attorney, clergy member, or other recognized professional or paraprofessional acting or assisting in that capacity, and which are maintained in connection with the provision of services to the party, unless that party gives their voluntary, written consent to do so. In those instances, the relevant information from the records must be shared with the other party, and in so doing is not considered as a violation of educational, health, or other privacy rights of the consenting party.   

11. The Investigator will review all information identified or provided by the parties and will determine the relevance of the information developed or received during the investigation. 

12. Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, motive, or absence of mistake. For example, evidence of a pattern of Prohibited Conduct by the Respondent, either before or after the incident in question, regardless of whether there has been a prior finding of a policy violation, may be deemed relevant to the determination of responsibility for the Prohibited Conduct under investigation. The determination of relevance of pattern evidence will be based on an assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation or indicates a pattern of similar Prohibited Conduct. The Investigator (and the Decision Panel chair during a Decision Panel Meeting) will determine the relevance of this information and both parties will be informed if evidence of prior or subsequent conduct is deemed relevant. 

13. The sexual history of the Complainant is not relevant, except in two circumstances: (1) to show that someone other than Respondent committed the conduct; and, (2) where the Respondent alleges the sexual contact was consensual, evidence of the manner and nature of how the parties communicated consent in the past may be relevant in assessing whether consent was communicated in the reported conduct. As set forth in the consent definition, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent and, even in the context of a relationship, consent to one sexual act does not constitute consent to another sexual act, and consent on one occasion does not constitute consent on a subsequent occasion. 

14. Resolution is a voluntary process. The University will respect the choice of the Complainant or Respondent in how they choose to or not to engage with the Process. The University may, however, move forward with the investigation without the participation of a party or parties. No adverse inference will be drawn from a party’s election to not participate. 

15. The University may consolidate Formal Complaints of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the Prohibited Conduct arises out of the same facts or circumstances. 

16. At the conclusion of the fact-gathering portion of the investigation, the Investigator will provide to each party and their Advisor, if any, the opportunity to review evidence that is directly related to the disclosed Prohibited Conduct, including any evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The parties will have ten (10) business days to submit a written response to the Title IX Coordinator, which the Investigator will consider prior to completion of the investigative report. The Investigator will consider requests made in writing for additional witnesses or submission of new evidence, and the Title IX Coordinator will provide each party notice of the submission of additional information and provide an opportunity to review and respond at the Title IX Coordinator’s discretion. The Title IX Coordinator will also consider written requests for additional time to review the evidence. The Complainant and Respondent are not permitted to remove evidence from its secure physical location, nor make copies, downloads, screenshots, printouts, photographs, or any other reproduction electronic or otherwise, of the information provided for review. 

17. The Investigator will prepare an investigative report that fairly summarizes relevant evidence, both inculpatory and exculpatory, and provide the Complainant and Respondent, and their Advisors, with an opportunity to review the investigative report and provide a written response. Access to the final investigative report will be provided to each party and their Advisor at least ten (10) business days prior to the Decision Panel Meeting for the parties’ review and written response. 

Hearing and Determination  | 18. Upon completion of the investigation of a Formal Complaint, the Title IX Coordinator shall assign a Decision Panel consisting of three (3) members (including the Decision Panel Chair) to hold a live meeting (“Decision Panel Meeting”) during which they will review evidence and hear live statements from the parties and witnesses including answers to relevant questions. The Title IX Coordinator will provide the parties and all witnesses who will be requested to participate written notice including details on the date, time, and location of the Decision Panel Meeting, the anticipated witness list, and the names of the Decision Panel members, at least ten (10) business days in advance of the Decision Panel Meeting. The Title IX Coordinator will consider written requests from either party for a reasonable delay in the date of the Decision Panel Meeting, if such delay is necessary to maintain the fairness and integrity of the Formal Resolution Process. The request should be made no later than three (3) business days before the original scheduled date of the Decision Panel Meeting. 

19. A party may add witness(es) to the list of those named in the notice only if they were not known at the time of the completion of the final investigative report. The party must provide the witness’s name, contact information (if not a University student or employee), an explanation of why the witness was previously unavailable, and a brief description of what information the witness is expected to provide at the Decision Panel Meeting, at least three (3) business days prior to the date of the Decision Panel Meeting. The witness will be interviewed by the Investigator and an addendum to the investigative report completed. The Title IX Coordinator has the discretion to reschedule the Decision Panel Meeting to allow the parties equal and timely access to any new information. 

20. If a Complainant or Respondent believes that an assigned Decision Panel member may have a conflict of interest or bias which could result in their inability to provide a fair determination regarding responsibility and/or sanctions to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new Decision Panel member. 

21. The Decision Panel Meeting will be conducted with the parties located in separate rooms with technology enabling the Decision Panel and participants to simultaneously see and hear each other. If all parties and the Title IX Coordinator agree, the Decision Panel Meeting may alternately be conducted with all parties physically present in the same location. An audio or audiovisual recording or transcript of the Decision Panel Meeting will be created and maintained by the Title IX Coordinator and will be available to the parties for inspection and review. No other recording of the proceedings will be permitted except that which is recorded and maintained by the University. 

22. Decision Panel Meetings shall not be publicized or open to the public; only participants in the meeting (Decision Panel members, the parties, their respective Advisors, and witnesses), the Title IX Coordinator, or another University employee as deemed appropriate by the Title IX Coordinator may be present. All participants shall hold matters relating to the Decision Panel Meeting in strict confidence. Witnesses are not permitted to attend Decision Panel Meetings to observe; their role is limited to giving their statements and answering questions. 

23. The Complainant and Respondent have the opportunity to attend the hearing and to hear and respond to evidence and questions posed by the Decision Panel, and will be provided access to copies of all directly related evidence for reference at the hearing. The Complainant and Respondent may not directly question one another. Each party’s Advisor is permitted to directly ask the other party and any witnesses relevant questions and follow up questions. The Decision Panel will determine whether any question to be asked by an Advisor is relevant prior to the party or witness answering. If a question is determined to not be relevant, the Decision Panel chair will explain the decision to exclude the question. 

24. A party or witness is not required to respond to questions presented by the Decision Panel or by another party through their Advisor. However, regardless of whether a party or witness submits to such questioning, the Decision Panel may still consider previous statements made by the party or witness when making their determination. This includes statements made in this decision meeting, statements made to the Investigators, statements contained in submitted documents, and statements made to another party or witness. The Decision Panel chair may not draw any adverse inference from the decision of a party or witness to not participate at the hearing. 

If deemed reliable and relevant by the Decision Panel chair, and not otherwise subject to exclusion under this Policy, the Decision Panel chair may consider the statements of persons who were not present at the hearing, or persons who were present at the hearing but who nevertheless were not subject to cross-examination. This includes, but is not limited to, opinions and statements in police reports or other official reports, medical records, court records and filings, investigation notes of interviews, emails, written statements, affidavits, text messages, social media postings, and the like. 

25. At the conclusion of the Decision Panel Meeting, the Decision Panel will assess the credibility and weight of the evidence and make a determination regarding responsibility for a violation of University Policy. If the Decision Panel determines that the Respondent is responsible for violation of University Policy, it will also make a determination regarding appropriate sanctions/disciplinary actions to be given (see Sanctions/Disciplinary Actions below). Decisions regarding responsibility will be made by a preponderance of the evidence standard by majority vote of the Decision Panel. The decisions regarding responsibility and sanctions/disciplinary actions will be provided simultaneously in writing to the Complainant and Respondent and will include (a) identification of the disclosed Prohibited Conduct, (b) a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held, (c) findings of fact supporting the determination, (d) conclusions regarding the application of this Policy to the facts, (e) a statement of, and rationale for, the result as to each potential violation of University Policy, including a determination regarding responsibility, any disciplinary sanctions to be issued to the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided to the Complainant, and (f) the procedures and permissible bases for the Complainant and Respondent to appeal.

Sanctions/Disciplinary Actions  | 26. If the Respondent is found to be responsible for a violation of the Policy, the Decision Panel shall determine sanctions to be imposed by Student Affairs, Human Resources, or Academic Affairs, depending on the Respondent’s role at the University. The Complainant and Respondent may submit an impact or mitigation statement to the Decision Panel for consideration in its determination regarding sanctions/disciplinary action. Sanctions can range from formal warning up to expulsion/termination of employment. Any sanctioning level may also include completion of assigned educational requirements. Sanctions of suspension or expulsion for students carry with them a forfeiture of tuition, fees and residence hall room and board. Sanctions may also include disclosing previous violations in that notification. Additional measures, including no contact directives, no trespass orders and changes to residential and/or academic situations, may also be implemented upon a finding of responsibility.

In determining the appropriate sanction, the Decision Panel shall consider the following factors: the nature and violence of the conduct at issue; the impact of the conduct on the Complainant; the impact or implications of the conduct on the community or the University; prior misconduct by the Respondent, including the Respondent’s relevant prior discipline history, both at the University or elsewhere (if available), including criminal convictions; whether the Respondent has accepted responsibility for the conduct; maintenance of a safe and respectful environment conducive to learning; protection of the University community; and, any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in each case. 

Sanctions may be imposed individually or in combination. See Appendix B for examples of sanctions.

Communication of Outcomes  | 27. Both the Complainant and the Respondent will be notified simultaneously in writing of the outcome of an investigation and determination of responsibility concerning sexual misconduct or interpersonal violence and of any appeal decisions following such determination. The University is committed to fulfilling its obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Statistics citing the number of disclosed incidents of sexual misconduct and interpersonal violence and their disposition are included in the Annual Security and Fire Safety Report which can be found on the »¨¼¾´«Ã½ Police Website.

Appeals  | 28. Any party may appeal the determination of responsibility or sanction imposed, or the dismissal of a Formal Complaint or any allegations therein, by filing their full and complete written appeal with the Vice President for Student Affairs (for students), Vice President for Finance and Administration (for staff or administration) or the Vice President of Academic Affairs (for faculty) within ten (10) calendar days of the date of the letter of notification of the decision being appealed, unless that time is extended in writing by the Vice President. 

 Appeals may be based only on the following reasons: 

1. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could affect the outcome of the matter 

2. Procedural irregularity that affected the outcome of the matter 

3. Conflict of interest or bias of the Title IX Coordinator, Investigator(s), or decision-maker(s) for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter 

4. Appropriateness of sanction 

All materials supporting any appeal must be submitted at the time the appeal is filed. The Vice President will advise the non-appealing party in writing of the receipt of an appeal and will provide a copy of the appeal to the non-appealing party. The non-appealing party(ies) will have ten (10) calendar days from the date of their receipt of the appeal to respond in writing to the appeal. A copy of the response will be issued to the appealing party. No additional review or response to submissions related to the appeal may be made by either party after this point, unless requested by the Vice President. After receipt of the non-appealing party’s response, the Vice President will determine the disposition of the appeal. For decisions involving expulsion as a sanction, the Vice President will confer with the President of the University as part of their determination process. 

The Vice President may: 

1. Affirm the action taken. 

2. Reverse the decision and refer the case back for reconsideration. 

3. Reverse the decision, in whole or in part, and vacate or modify any sanction. 

4. Reverse or impose different sanctions. 

The Vice President will simultaneously advise both parties in writing of the decision on appeal and the rationale for the result within ten (10) calendar days of submission of the non-appealing party’s response. Decisions by the Vice President are final. 

The determination regarding responsibility and sanctions become final on the date that the Vice President provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

Appendix A: Definitions 

ADA Accommodations: It is the policy and practice of the University to provide reasonable accommodations related to the Title IX and Sexual Misconduct for Complainants and Respondents with officially documented disabilities. It is the responsibility of the Complainant and Respondent to inform the Title IX Coordinator of their disability, provide documentation of their eligibility for accommodations from Student Accessibility Services or Human Resources, and request the accommodation that they need. Complainants and Respondents may be required to sign a waiver of confidentiality to allow the Title IX Coordinator to communicate with Student Accessibility Services and Human Resources regarding the reasonableness of the requested accommodations. Accommodations are not retroactive. 

Advisor: An individual who provides the Complainant or Respondent support, guidance or advice. An Advisor may be any person, including an attorney. An advisor may be any individual of the party's choice or, upon the request of the party, may be assigned by the University. The University discourages having a witness serve as an Advisor. 

Annual Review: This Policy reflects the University’s good faith efforts to implement the legal requirements under the Title IX regulations issued in May 2020, to synthesize those regulations with other Federal law, including the Clery Act, and with state law applicable to students and employees. The University reserves the right to modify this Policy and the accompanying procedures as necessary to comply with Federal or state law, and such modifications may be made before or during an ongoing resolution process. 

Given the rapidly evolving nature of the legal requirements applicable to sexual misconduct, and the desire to provide accessible, effective, and legally compliant policies and procedures, the University will review this Policy on at least an annual basis. The review will capture evolving legal requirements, evaluate the support and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will consider feedback from individuals affected by the Policy and will incorporate an aggregate view of reports, resolution, and climate. 

Bias: A predisposition, inclination, or prejudice either for or against any person or group of persons that might affect the ability of an Investigator, coordinator, or decision maker to be fair and impartial.

Clery Reporting: Campus Security Authorities (CSA) include members of »¨¼¾´«Ã½ Police or other individuals who have responsibility for campus security, as well as other individuals to whom students or employees may disclose crimes, as well as individuals who have significant responsibility for student campus activities. They are all required to share non-identifiable information for consideration of Timely Warnings and inclusion in crime statistic data. 

Any disclosure of alleged sexual misconduct or interpersonal violence shall be included in crime statistics in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). These statistics will be made without disclosing the names of either the Complainant or the Respondent. If the University determines that matters of public safety are involved, the University may disclose the name of a student or employee who poses an active threat to the campus in Timely Warning or Emergency Notifications if this information is necessary to address that threat. 

Coercion: Unreasonable pressure to participate in an activity that is sufficient to overcome an individual’s freedom of will whether to voluntarily consent to participate in the activity. Coercive conduct includes intimidation and express or implied threats of immediate or future physical, emotional, reputational, financial or other harm to the Complainant or other that would reasonably place an individual in fear and that is employed to compel someone to engage in sexual activity. 

Complainant: The individual who reportedly experienced Prohibited Conduct, regardless of whether the individual makes a Formal Complaint or participates in an investigation of Prohibited Conduct. 

Confidential Resource and Confidentiality: Confidential resources are individuals who have the legally-protected ability to maintain the confidentiality of a disclosure. Confidentiality refers to the statutory protections provided to individuals who disclose information in legally-protected or privileged relationships, including professional mental health counselors, medical professionals, and ordained clergy (“Confidential Resources”). These Confidential Resources must maintain the confidentiality of communications disclosed within the scope of the provision of professional services. Confidential Resources will not disclose protected information unless: 1) given permission by the privileged party; 2) there is an imminent threat of harm to self or others; 3) the conduct involves suspected abuse of a minor under 18 years of age; or, 4) as otherwise required or permitted by law or court order. Similarly, medical and counseling records cannot be released without the individual's written permission or unless permitted or required consistent with ethical or legal obligations. 

A Complainant or Witness may seek assistance from an individual who has the legally protected ability to maintain the confidentiality of the conversation. University employees who are Confidential Resources include licensed counselors, medical professionals, and ordained clergy acting in a pastoral care capacity. Complainants and witnesses can reach »¨¼¾´«Ã½ Counseling Services at 765-658-4268, »¨¼¾´«Ã½ Health at 765-658-4555, and the Center for Spiritual Life at 765-658-4615. 

Consent: Clear, knowing, and voluntary agreement to participate in sexual activity. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as Consent, and relying on nonverbal communication alone may not be sufficient to establish consent. 

Consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts. Even in the context of a relationship, there must be mutual consent to engage in sexual activity each time it occurs. Consent to engage in sexual activity with one person is not consent to engage in sexual activity with any other person. 

When it is unclear whether someone consents to activity, it is the responsibility of the person who initiates the activity to ensure that their partner clearly communicates consent. To continue to engage in sexual activity without consent from their partner is a violation of this Policy. 

Consent can be withdrawn by either party at any point. Once consent is withdrawn, the sexual activity must cease immediately. 

Consent must be mutually understandable. That is, a reasonable person would have to consider the words or actions of the parties to indicate that there was a clear agreement to engage in the given activity with each other at the same time. 

Consent cannot be obtained through force, coercion, or taking advantage of another person’s incapacitation. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcome resistance or produce consent. Note: There is no requirement that a party actively resist the sexual advance or request, but resistance is a clear demonstration of non-consent. Sexual activity that is forced is by definition non-consensual, but lack of physical force or coercion does not indicate consent. 

Consent cannot be given by minors, by mentally disabled persons, or by otherwise physically or mentally incapacitated persons. Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. 

Education Program or Activity: Includes all of the University’s operations, including locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which conduct occurs; and any building owned or controlled by a student organization that is officially recognized by the University. 

Emergency Removal: The University may remove a Respondent from the University’s education program or activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, and determines that an immediate threat to the physical health or safety of any student, employee or other individual arising from the disclosed misconduct justifies such measures. 

During any emergency removal, the Respondent may be denied access to University housing, to the campus (including classes), placed on paid or unpaid administrative leave and/or to any or all other University activities or privileges for which the Respondent might otherwise be eligible.

If an organization is placed on emergency removal, the organization shall be required to cease and desist with all organizational activities. The organization will be denied access to any or all University activities and privileges for which the organization might be eligible. In certain circumstances, organizational leadership may be restricted from communication with the organizational membership or students may be required to vacate organizational housing units. 

Employee and Employee Disclosure: All individuals employed by »¨¼¾´«Ã½ regardless of employment status or employee definition. Employees include 1) all part-time, full-time, term, interim, temporary, or on-call employees; 2) exempt and nonexempt employees; and 3) faculty, staff, student employees (for conduct committed in their role as an employee only, such as Resident Assistants), and administrators. All employees, except Confidential Resources, are mandatory reporters.

Different University employees have different abilities to maintain information as confidential. Confidential Resources are not required to share any information with the Title IX Coordinator. Sexual Assault Support Advocates must share information with the Title IX Coordinator but may be able to do so in a way that preserves the anonymity of the Complainant. Employees are required to immediately share with the Title IX Coordinator all known information, including the identities of the parties, the date, time and location, and any details about the disclosed incident. 

External Reporting: Concerns about the University’s application of Title IX and the Clery Act may be addressed to the University’s Title IX Coordinator; the United States Department of Education, Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education, Office for Civil Rights, at (OCR@ed.gov or (800) 421-3481); and/or the Equal Employment Opportunity Commission (at info@eeoc.gov or (800) 669-4000). 

Family Educational Rights and Privacy Act: Access to records and release of information and notification shall be construed and applied in a manner consistent with the Family Educational Rights and Privacy Act (FERPA), as amended from time to time, including parental notification and participation in Title IX or Sexual Misconduct Process where the Complainant or Respondent is a minor. The University will keep confidential the identity of any individual who has disclosed Prohibited Conduct, any Complainant, any Respondent, and any witness, except as may be permitted by the FERPA statute, regulations or as required by law (including by subpoena, court order, or search warrant), or to carry out the conduct of any Title IX or Sexual Misconduct Process. 

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate the conduct. Formal Complaints may be made for conduct that is prohibited in this Policy, in which case they will be addressed as outlined in this Policy.

Incapacitation: The inability, temporarily or permanently, to give consent because an individual is incapable of appraising or controlling their own conduct, physically unable to verbally or otherwise communicate consent or unwillingness to an act, asleep, unconscious, or unaware that sexual activity is occurring. People who are unconscious, asleep, unaware the sexual activity is occurring, incapacitated as a result of alcohol or drugs (whether consumed voluntarily or involuntarily), or who are physically or mentally incapacitated cannot give consent. 

Incapacitation is an important and specific concept. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. A person who is incapacitated is incapable of recognizing what is going on around them. An incapacitated person is not able to recognize the sexual nature or extent of the situation they are in. To engage in sexual activity with a person one knows or should know is incapacitated is a violation of this Policy. 

When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs; the level of impairment must be significant enough to render the person unable to give consent. The impact of alcohol and other drugs varies from person to person, and a person’s level of intoxication may vary based upon the nature and quality of the substance imbibed, the person’s weight, tolerance, ingestion of food and other circumstances. A person’s level of impairment may also change rapidly. 

Intimidation: Communicating a threat to another person such that a reasonable person in such a circumstance would be placed in fear. 

No Contact Directive: At times it becomes necessary to restrict an employee’s, student’s or organization's privileges and/or prohibit contact with specified individuals, or specific locations, by issuing a no contact directive. This directive is issued when it is believed necessary to protect a person’s safety and preserve a peaceful environment for all individuals to work, study and live on campus. Violation of a no contact directive issued in relation to a reported violation of the Title IX Resolution Process or Sexual Misconduct is considered a violation of these policies and may result in University action that could include emergency removal from the University. 

Obligation to Provide Truthful Information: »¨¼¾´«Ã½ takes disclosures seriously. Disclosures that are made in good faith, whether the outcome results in a finding of responsibility or not, are not considered to be false reports. However, if a Complainant, Respondent, witness, or third party who discloses a violation of this Policy is later found to have intentionally misled or made false claims of Prohibited Conduct under this Policy, they will be subject to disciplinary action.

Privacy and Confidentiality: Refers to the discretion that will be exercised by the University in the course of any investigation or disciplinary processes under this Policy. Information related to a disclosure of Prohibited Conduct will be handled discreetly and shared with a limited circle of University employees or designees who need to know in order to assist in the assessment, investigation, and resolution of the disclosed conduct and related issues. 

The University is committed to protecting the privacy of all individuals involved in a disclosure of Prohibited Conduct under this Policy. Except as otherwise permitted by law, as required to conduct an investigation or Decision Panel Meeting under this Policy, and as required in an external legal proceeding, the University will not share the identity of a Complainant, Respondent or witness. The University will also maintain as confidential any Supportive Measures provided to the Complainant and the Respondent, to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive Measures. All employees who are involved in the University’s response to harassment and discrimination, including the Title IX Coordinator, Investigators and adjudicators, receive specific training and guidance about safeguarding private information, including the protections set forth in Title IX, the Clery Act and Family Educational Rights and Privacy Act (“FERPA”). The University is precluded by law from restricting the parties’ ability to discuss the allegations under investigation or to gather and present relevant evidence. 

Record Retention: Files related to Title IX Resolution Process and Sexual Misconduct Policies, including but not limited to any Supportive Measures, investigation, formal hearing, appeal, informal resolution, and remedies will be maintained for seven (7) years from graduation, after which records are archived and cannot be accessed for reporting. An organization’s file will be maintained for seven (7) years from the date the incident occurred. 

Respondent: The individual or student organization who has been named in a complaint of Prohibited Conduct. 

Sexual Assault Survivor Advocates (“SASAs”): Employees trained in sexual assault response and available to support students in crisis as well as refer them to various resources. These employees must share information they receive with the Title IX Coordinator, but may initially do so in a manner that preserves the anonymity of the Complainant, if requested by the Complainant. In the event that the Title IX Coordinator determines that the disclosed conduct poses a potential threat to the health or safety of any campus community member, the SASA may be required to share the Complainant’s personally identifiable information. Additionally, records maintained by SASAs may be subject to release by court order, search warrant, or subpoena. The Complainant can call to connect with a SASA at 765-658-4650.

Standard of Proof: The standard of proof in the University’s Title IX and Sexual Misconduct grievance resolution proceedings is the preponderance of evidence standard, which requires proving that it is more likely than not that reported sexual misconduct occurred, or that a claim has merit. If a Respondent is found responsible by the Decision Panel for a violation of the Title IX or Sexual Misconduct policies, the Decision Panel will determine sanctions to be issued. 

Student: Any person pursuing studies at the University, including: (a) a person who is enrolled; (b) a person who is not currently enrolled, but who was enrolled at the time of the alleged violation; (c) a person who, while not currently enrolled, has been enrolled in the University and may reasonably be expected to seek enrollment at a future date; or (d) an accepted student who has paid a deposit. 

Student Organization: A group consisting of a number of students who have followed the University requirements for recognition as a student organization.

Supportive Measures: Non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter Prohibited Conduct. 

Title IX Coordinator: The person designated and authorized to coordinate efforts to comply with its responsibilities under Title IX. This person retains ultimate oversight over those responsibilities and ensures the university’s consistent compliance with its responsibilities under Title IX. As appropriate, a university may delegate, or permit a Title IX Coordinator to delegate, specific duties to one or more designees. At »¨¼¾´«Ã½, the primary designee is the Deputy Title IX Coordinator.

Training and Education: The University is committed to the prevention of sexual misconduct and interpersonal violence through regular and ongoing education and awareness programs. All incoming students and new employees (faculty and staff) receive primary prevention and awareness programming, and returning students and current employees receive ongoing training and related programs. Individuals involved in the implementation of this Policy also receive regular, comprehensive mandated training on this Policy and related processes, which incorporates all required training, including specific training as required by the Clery Act and Title IX.

Appendix B: Sanctions/Disciplinary Actions

Sanctions for Individual Students

Expulsion: The most severe sanction reserved for the most serious violations of the Policy shall be expulsion, resulting in immediate dismissal and permanent separation from the University. Parents or legal guardians will receive notification of the student’s change of status. The student will be notified in writing of the Vice President’s decision, and parents or legal guardian will be similarly notified. Student expulsions are automatically reviewed by the President of the University. A student who has been expelled is not permitted to visit the University or attend any functions on campus without written permission from the Vice President for Student Affairs. 

For students expelled from the University, tuition, fees and residence hall room and board are neither refunded nor remitted, in whole or in part. 

Suspension: The second most severe sanction for violation of the Policy shall be suspension, resulting in immediate dismissal from the University for at least the remainder of the term in progress and/or a specified period of time thereafter. Parents or legal guardians will receive notification, in alignment with compliance to FERPA, of the student’s change of status. Any additional violations or failure to comply with other requirements stipulated during this period of suspension may result in expulsion. During this time the student is not permitted to visit the University or attend any functions on campus without written permission from the Vice President for Student Affairs. 

For students placed on suspension from the University, tuition, fees and residence hall room and board are neither refunded nor remitted, in whole or in part. 

Probation: A violation of the Policy may result in a minimum of four weeks on probation up to one full year. In addition, probation may include educational or other sanctions, and the student may lose privileges such as: off-campus study and living in University-owned apartments and houses, participation in rush and new member processes, and participation in on campus Winter Term. If found responsible for violating any additional University policies or failure to comply with other requirements stipulated during this period, the student may be moved to suspension status. 

Formal Warning: A violation of the Policy may result in a written notification that documents the Policy violation and warns against any potential violations of University policy in the future. Formal warnings may include educational or other sanctions. If found responsible for violating any additional University policies or failure to comply with other requirements stipulated as part of the formal warning, the student may be moved to Probation status. 

University Property Restrictions: Students may be restricted from certain University facilities or property for a definite period of time. 

Living Unit Expulsion: Permanent separation of the student from the living unit. 

Living Unit Suspension: Separation of the student from the living unit for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. 

Fine: A monetary penalty for violations that result in inconvenience, risk or cost to others. Fines may also be utilized when students fail to complete other required sanctions. 

Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. 

Educational Sanctions: Sanctions that may require an organization or individual to write a paper, plan and present a program, attend a class or complete other educational requirements. 

Community Service: Service for the benefit of the University or local community. 

Loss of Privileges: Denial of specified privileges for a designated period of time.

Restorative Justice: The opportunity to make amends with the members of the community who were impacted by the Policy violation through structured dialogue. 

Sanctions for Student Organizations

Expulsion: The most severe violation of the University Code of Conduct by an organization may result in dismissal and permanent separation of the organization from the University. 

Suspension: The second most severe violation of the Policy by an organization may result in suspension of the organization from the University for a minimum of one full academic year up to five full academic years. Any additional violations or failure to comply with other requirements stipulated during this period may result in expulsion. 

Probation: Repetitive or serious violations of the Policy may result in at least Organizational Probation. Probation is a period of observation and significant restrictions and requirements may be put in place. Prior to the end of the probationary period, the president of the organization is required to schedule a probation assessment meeting with the Dean of Students or designee. The probationary period will not end until the conditions of the probation have been met. Any additional violations or failure to comply with requirements stipulated during this period can result in suspension or an increase in the length, severity or requirements of the probation. The length of the probationary period for organizations may range from four weeks to one full year. Fines for organizations on Organizational Probation may range from $1000 to $2500. 

Social restrictions while an organization is on probation may include 1) no group parties or co-sponsored events that allow alcohol to be present; 2) no group parties or co-sponsored events; 3) loss of all group and campus-wide social privileges except philanthropy and intramurals; 4) loss of all group and campus-wide social privileges. 

Organizational Review: Moderate and/or first-time violations of the Policy may result in the organization being placed on Organizational Review. Organizational Review is a period of observation in which the sanctions for the organization will focus on educational guidelines. Requirements may be implemented to assist the organization in corrective actions associated with the violation. The length of the review period for organizations will typically range from four weeks to twelve weeks, but may extend to a full semester. Fines for organizations on Organizational Review may range from $250 to $1000. 

Guidelines may be put in place for the organization during the review period. These may include, but are not limited to: 1) the requirement to implement additional safety management guidelines at registered events; 2) the requirement to utilize third party vendors at registered events; 3) attendance restrictions; 4) the requirement to host a non-alcoholic event prior to registering an event with alcohol. 

In order to assist organizations in successfully achieving the guidelines established while on Organizational Review or Probation, the organization will select a support person from an approved list of Student Affairs staff members provided by the Community Standards Office. This support person will serve as a resource to the organization, providing them guidance as they navigate the Community Standards process. 

Formal Warning: A violation of the Policy may result in a written notification that documents the organization’s Policy violation and warns against any future violations of University policy. Formal warnings may carry educational sanctions and a fine of $250. 

Educational Sessions: The goal of this alternative is to promote safety and education by creating and presenting solution-focused information to chapters in engaging ways. Actively involving representatives from the chapter in co-designing the educational conversation will allow tailored programming that addresses the specific problems that resulted in policy violations. 

University property restrictions: Organization may be restricted from certain University facilities or property for a definite period of time. 

Living unit expulsion: Permanent separation of the organization from the living unit. 

Living unit suspension: Separation of the organization from the living unit for a definite period of time, after which the members are eligible to return. Conditions for readmission may be specified. 

Fine: A monetary penalty for property damage, theft or other violations that result in inconvenience, risk or cost to others. Fines may also be utilized when organizations fail to complete other required sanctions. 

Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. 

Community Service: Designated work performed for the benefit of the University or local community. 

Loss of privileges: Denial of specified privileges for a designated period of time.

Disciplinary Action for All Employees

Termination of Employment: Removal of the Employee from their status as an active Employee of the University.

Suspension: Removal of an Employee from their position for a period of time, either with or without pay. Suspensions must be documented to the Employee’s file in Human Resources. Salaried Employees can only be suspended for a full day’s work (not for partial days) and can be suspended only in instances of severe or gross misconduct.

Formal Warning: A violation of the Policy may result in a written notification that documents the Policy violation and warns against any potential violations of University policy in the future. Formal warnings may include educational or other sanctions. Documentation goes to the Employee’s file in Human Resources. If found responsible for violating any additional University policies or failing to comply with other requirements stipulated as part of the formal warning, the employee may be moved to Suspension status. 

Case Conference: Discussion with the Employee of the Prohibited Conduct.

(Reviewed and endorsed by the President’s Cabinet, August 2024; Reviewed annually by the Title IX Coordinator, August 2024; Reviewed by legal, August 2024)

The employer-employee relationship between »¨¼¾´«Ã½ and its employees remains at-will which means either party may terminate the relationship at any time. No supervisor, manager, or representative of »¨¼¾´«Ã½ other than the president has the authority to enter into any agreement with the employee regarding the terms of employment that changes the at-will relationship or deviates from the provisions in this Guide. »¨¼¾´«Ã½ reserves the right to change wages, hours and working conditions as deemed necessary.

Employment Candidate Travel Costs

Date: March 2015
Contact: Office of Human Resources, x4181

Policy Statement
In accordance with the University’s Business Expense Policy, the University will reimburse candidates traveling to the University for employment interviews. No more than three candidates should be scheduled for interviews if travel costs are involved. Any exceptions must receive prior approval by the Vice President of the business unit seeking the new employee.

Authorization
All travel and expenses must be pre-approved by the Vice President of the business unit seeking the new employee.

Guidelines

• Transportation
• Consideration should be given both to cost-effectiveness as well as efficient travel scheduling in determining whether to fly in a candidate or permit them to drive a personal vehicle.
  
  Determining Car vs. Air: If the candidate chooses to drive on a trip that would normally be taken by air, reimbursement for travel by personal automobile will be limited to the lesser of the cost of mileage or economy class airfare. Always use the most economical and direct mode of transportation available, consistent with the authorized purpose of the travel.
  • Air Travel: Candidates are expected to secure the lowest available airfare offered. The University provides reimbursement at the economy fare rate for domestic travel and at the business class rate for international travel.  Individuals are allowed one luggage fee per trip.  Early bird seat assignments are not permissible.  The University has a special contract with Travel Leaders for obtaining airfare, lodging and rental cars.  You may contact them at 1-800-525-1570.  Any exception to economy fare rates for domestic travel and business class rate for international travel requires approval of the Vice President for Finance and Administration.
  • Travel by Personal Car:
    • Reimbursement allowance:
      • Mileage: 62.5 cents/per mile as of 2023.
      • Tolls and parking are reimbursed per receipt
      • For trips that would normally be undertaken by air transportation, reimbursement for travel by personal automobile will be limited to the lesser of mileage or economy class airfare.
  • Rental car
    • Economy to mid-size automobile rental is allowed.
    • The candidate is responsible for fuel fill-up before the return to the rental agency. Fuel Service Option (FSO) which can be purchased at the time of rental or refill prior to the return of the rental care is allowed.  However, a Fuel Service Charge that is charged at a much higher rate due to neither option occurring when the rental care is returned will not be allowed.
    • Collision Damage Waiver and Personal Accident Insurance are not covered expenditures for rental vehicles.  However, roadside assistance charges are allowable when renting a vehicle.
• Lodging
  The University will reimburse for single occupancy accommodations. Candidates should be booked into moderately priced hotel accommodations. The Inn at »¨¼¾´«Ã½ is the preferred venue.
• Meals
  • The actual costs of meals, including taxes and tips, are reimbursable.
  • Breakfast will be allowed if the candidate arrives before the normal breakfast time.
  • Lunch will be reimbursed if the candidate is on-campus during the normal lunch hour.
  • Dinner will be reimbursed only if the candidate is still on-campus during the normal dinner hour.
  • Purchase of snacks, beverages, etc., not associated with a meal are not reimbursable.
• Non-Reimbursable Expenses
  • Include but not limited to:
    • Accessories for laptops, PDAs and cell phones (unless there is advance approval from the Vice President)
    • Airline seat upgrade or early bird assignment
    • Automotive repair
    • Baby-sitter fees
    • Barber/manicurist/shoe shine
    • Dry Cleaning, pressing and laundry
    • Collision damage waiver
    • Gasoline charges for travel in personal vehicle (will be reimbursed through mileage)
    • Hotel gym and health facilities charges
    • Hotel room bar charges
    • Loss/theft of personal property
    • Membership fees in airline club
    • Movie rentals
    • Newspapers, magazines, brochures or books
    • Passport/visa application/other costs
    • Permanent equipment purchases
    • Personal entertainment
    • Personal medical costs
    • Personal phone calls except to report changes in schedule, or to speak with family members once a day (for a reasonable period of time)
    • Snacks/vending machine purchases (unless in lieu of a meal)
    • Traffic violations and toll fines
    • Traveler’s check fees
    • Extravagant charges deemed unnecessary
    • Club organization dues
    • Any other non-allowable items specified in the University Travel and Expense Policy

Procedures

1. Notify the Office of Human Resources, prior to the scheduling of candidates for interviews, the proposed schedules and the anticipated travel costs.
    
2. Book and arrange transportation and hotel arrangements for candidate(s) using Departmental Corporate Card or,
   
   Request that the Office of Human Resources book and arrange the travel and hotel for your candidate(s).
   
   If the candidate books and arranges his/her own transportation arrangements, make sure that the restrictions on travel reimbursements are made clear to the candidate and that the candidate is also clear on the documentation required for reimbursement.
    
3. Prepare documentation for reimbursement.
   Original, itemized receipts for all travel related costs of the candidate (e.g., airfare, hotel, rental car, mileage, meals, taxi, tolls, parking, etc.) must be submitted to the Office of Human Resources to document costs to be reimbursed, however, photocopies of itemized receipts will be accepted when the original is not available.  Credit card receipts should not be submitted in lieu of these itemized receipts.  If the candidate fails to request documentation at the time of charges, it is the responsibility of the candidate to contact the vendor to request duplicate documentation.  If itemized receipts cannot be obtained, a memo to the file explaining the situation, as well as the business purpose of the expenses, should be sent to the Human Resources office and be signed by the appropriate division Vice President. 

NOTE:  Expenses should be submitted for reimbursement within 60 days of being incurred.  IRS regulations require reimbursements that are requested after the 60 day period be reported as taxable income and will be reported as such on a 1099-misc., if necessary.

NOTE:  Each division Vice President and/or Department Budget Supervisor and the Director of Human Resources have the authority to impose additional and more restrictive requirements for authorizing or approving candidate travel reimbursements. 

In accordance with regulations established by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), all employees hired after November 6, 1986 must complete Form I-9. Employees are required to present acceptable documents that establish identity and employment eligibility to Human Resources within three (3) business days from the date employment begins. The employee may present one item from List A or one item from List B and one item from List C (see below).

The Human Resources Office may give authorization for full-time employees to perform duties outside of their regular position for events that include but are not limited to: Alumni Reunion Weekend, Commencement, Old Gold Weekend, and Freshman Testing for Institutional Research. Authorization must be obtained from Human Resources before employees are hired for these events. Normally, employees who work these events do not experience a conflict with their regular positions because these hours are worked at a time when they are not normally scheduled to work in their regular position. However, if employees wish to work these events during a time when they are normally scheduled to work in their regular position, they may request the use of vacation or personal time to cover the absence from their regular position. Approval is granted at the supervisor’s discretion.
A Personnel Action Sheet (see Personnel Action Sheet) is required for authorization of these hours. The approved account number from which the hours will be paid must be specified on the Personnel Action Sheet. A flat hourly rate is normally established for these positions. Employees are paid the greater of the established flat rate or their overtime rate. Hours must be reported on the yellow time card that is used for part-time, temporary, and on-call employees. Hours worked will be paid as special earnings and no benefits will be calculated on these hours. The payroll manager will process these hours for employees so they will not be applied toward those hours budgeted for their regular position.

FMLA Eligibility – Employees who have worked at least one year (does not have to be continuous but separation cannot exceed seven (7) years unless the break-in-service was due to National Guard or Reserve Military service obligations) and for at least 1250 hours over the prior 12 months.

DPU Medical Leave Eligibility – All full-time, benefit status employees

Maternity, Adoption and Parental Leave (MAPL) – Employees who have worked at least one year (does not have to be continuous but separation cannot exceed seven (7) years unless the break-in-service was due to National Guard or Reserve Military service obligations) and for at least 1250 hours over the prior 12 months.

Reasons for FMLA Leave
An eligible employee may take FMLA leave of up to 12 weeks per leave year (26 weeks in the case of leave to care for a seriously-ill family member who is member of the Armed Forces, National Guard or Reserves on active combat duty or on the Temporary Disability Retired List (TDRL) or who is a veteran discharged or released under conditions other than dishonorable discharge up to five years prior to the date  the employee’s military caregiver leave begins and whose injury or illness occurred or was aggravated in the line of combat duty) for any of the following reasons:

• to care for the employee’s newborn child, or to care for a child newly placed in the employee’s custody through adoption or foster care, for a period of up to one year after such birth or placement (see Parental Leave Policy); or
• to care for the employee’s spouse, child, or parent who has a serious health condition; or
• to care for a spouse, son or daughter, parent or next of kin who is a covered military service member with a serious injury or illness, or 
• for the employee’s own serious health condition, if that condition makes the employee unable to perform his or her job duties, or
• due to a qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is on covered active duty (limited to members deployed to a foreign country) or call-to-active-duty status, or
• to care for a military member’s parent (not necessarily the parent of the employee) who is incapable of self-care when the care is necessitated by the military member’s covered active duty (care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the military member’s parent to a care facility, or attending meetings with staff at a care facility).

Leave taken may be continuous or intermittent for a medically-related leave. Leave can only be taken continuously for a non-medically-related leave (with the exception of Rest and Recreation leave under the qualifying exigency leave category), unless agreed upon by the employee’s supervisor. Any leave taken by an eligible employee for one or more of these reasons in combination will be counted against that employee’s annual FMLA leave entitlement.

FMLA Leave Year Defined

For the purposes of this policy, the leave year will be determined by a “rolling” 12-month period measured backward from the date the employee first takes time off for an FMLA qualified leave (except in the case of leaves to care for a seriously ill or injured covered military service member or veteran, in which case by law the leave must be measured forward from the date the employee first takes off).

Serious Health Condition Defined

For the purpose of determining whether an eligible employee or his or her non-military spouse, child or parent has a serious health condition, such a condition includes any injury, illness, impairment, or physical or mental condition that either requires inpatient care in a medical facility (i.e., overnight hospitalization) and/or continuing treatment by a healthcare provider (i.e., treatment two or more times which must take place within a 30-day period) or for a chronic condition (i.e., requires periodic visits for treatment of a least twice a year).

For the purposes of determining whether a military (active duty) spouse, son or daughter, parent or next of kin has a serious health condition, such condition includes any injury, illness, impairment, or physical or mental condition, incurred or aggravated, by the individual in the line of duty while on active combat duty and which renders the individual medically unfit to perform the duties of the individual’s office, grade, rank or rating,

For the purposes of determining whether a covered veteran spouse, son or daughter, parent or next of kin has a serious health condition, such condition includes:

1)      a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank or rating,

2)      a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD is based, in whole or in part, on the condition precipitating the need for caregiver leave,

3)      a physical or mental condition that substantially impairs the veteran’s ability to secure or follow substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment, or

4)      an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

Next of Kin Defined

The term is defined as the “nearest blood relative” of the employee in the following order of priority: 1) blood relative designated in writing by the service member as next of kin, 2) blood relative granted legal custody of the service member by court decree or statutory provision, 3) brothers and sisters, 4) grandparents, 5) aunts and uncles, and 6) first cousins.

Qualifying Exigency Defined

A qualifying exigency is a non-medical activity that is directly related to the covered military member’s active duty or call to active duty status. For an activity to qualify as an exigency, it must fall within one of nine categories of activities or be mutually agreed to by the University and the employee (including agreement on timing and duration of such a leave). The nine categories are: 1) short-notice deployment (leave permitted up to seven days if the military member receives seven or less days’ notice of a call to active duty), 2) military events and activities, 3) certain temporary childcare arrangements and school activities (but not ongoing childcare), 4) financial and legal arrangements, 5) counseling by a non-medical counselor (such as a member of the clergy), 6) rest and recuperation (leave permitted up to fifteen days when the military member is on temporary rest and recuperation leave), and 7) post-deployment military activities within 90 days of termination of active duty, 8) parental care leave for parent of military member when parent cannot self-care, and 9) additional activities where the employer and employee agree to the leave, timing and duration..

Compensation for FMLA Leave

Under the law, FMLA leave is unpaid. However, under »¨¼¾´«Ã½’s Leave policies, employees enjoy the benefit of receiving certain kinds of paid leave in substitution for unpaid leave. However, such paid leave is still counted towards and runs concurrently with the employee’s 12 (or 26) weeks of FMLA leave granted for the leave year.

For Birth/Adoption of a Child: See Parental Leave Policy.

For Leave for a Qualifying Exigency: An hourly (nonexempt) full-time, benefit eligible employee is required to use accumulated vacation and personal time prior to the commencement of unpaid leave. A salaried (exempt) full-time, benefit eligible non-faculty employee is required to use accumulated vacation time for the same purpose.

For Care of Seriously Ill Spouse, Child, Parent or Next of Kin: An hourly (nonexempt) full-time, benefit eligible employee is required to use accumulated sick leave and in addition is required to use all remaining accumulated vacation and personal time to care for a seriously ill spouse, child, parent or next of kin prior to the commencement of unpaid leave. A salaried (exempt) full-time, benefit eligible non-faculty employee will be granted up to 10 days under salary continuance in addition to the required use of all remaining accumulated vacation time for the same purpose. A full-time, benefit eligible faculty member may use up to 10 days of salary continuance only under the same circumstances.

For Serious Illness of the Employee (including pregnancy):

For Hourly (nonexempt) Full-Time, Benefit Eligible Employees - The employee is required to use accrued sick time; once exhausted, then personal time and vacation time are to be used at rates based on his/her regular work schedule (an exception is made if the use of sick time rather than personal/vacation will penalize the employee (for example, if the employee has accrued the maximum vacation time)). During a paid medical leave, benefits continue as though the employee is actively working. Benefits include but are not limited to:

• The employee will continue to accrue sick and vacation time based upon pay period hours reported.
• The employee will be paid for holidays occurring during his/her regular schedule.
• Health insurance contributions made by the employee will be deducted from pay issued.
• The employee will remain an active participant in the retirement program(s).

For Salaried Full-Time Benefit Eligible Employees – A salaried employee will be considered in salary continuance at full pay up to 180 calendar days when it is medically necessary for the employee to be away from work. The salary continuation period will run concurrently with the Family and Medical Leave Act (FMLA) of 1993 leave period. During the salary continuance period all benefits continue as though the employee is actively working.

After 180 calendar days, salary continuation will cease. Non-faculty employees will then use accrued vacation leave until it is exhausted.

Unpaid Medical Leave – An employee will be considered in unpaid medical leave when the employee has exhausted all available paid time, regardless of LTD approval. The benefits affected for an employee on unpaid medical leave include but may not be limited to:

• The employee will not accrue vacation time.
• The employee will not be paid for holidays.
• The employee may continue participation in the group health insurance program during the unpaid leave. The University will continue to pay the employer portion of the group health insurance premium only if the employee makes arrangements for payment of the employee portion.
• All employer retirement plan contributions will be discontinued.

Duration of Leave, Job Benefits and Job Protection

For the duration of the FMLA leave (which, whether continuous, part-time or intermittent, will not exceed the equivalent of twelve (12) work weeks in a rolling calendar year based upon the first day of FMLA leave (except in the case of leave to care for a seriously ill military service member where the leave may be for as much as 26 weeks), the University must maintain the employee’s health coverage under any “group health plan”. The employee continues to be responsible for the employee portion of the group health insurance premium. Under the University Medical Leave policy, the employee is permitted to extend his/her personal medical leave to a full twelve (12) months and the group health insurance coverage can be extended until the end of that time period (again, so long as the employee continues to be responsible for payment of the employee portion of the group health insurance premium).

Upon return from FMLA leave, employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms (except in specific and limited cases where the reinstatement of certain highly-paid “key” employees would result in substantial and grievous economic injury to the employer). The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. After the exhaustion of the FMLA leave, (i.e., for the balance of the University authorized twelve (12) month personal Medical Leave) the University cannot guarantee reinstatement of the employee upon completion of the approved leave of absence. Nonetheless, the University will make every effort to return the employee to the same or a comparable job, subject to budgetary restrictions, the University’s need to fill vacancies, and the University’s ability to find qualified temporary replacements.

If an employee is unable to return to work after 12 months, the employee will be terminated.

Request for Medical Leave

A medical leave is defined as an absence of more than five (5) consecutive work days due to illness, injury or other disability (including pregnancy) as supported by a physician’s certification. The medical leave will run concurrently with the twelve (12) weeks under the Family and Medical Leave Act (FMLA) of 1993.

An employee who expects to be absent from work for more than five (5) consecutive work days due to medical reasons, must submit a written request for medical leave to his/her supervisor at least thirty (30) days before the anticipated commencement of the leave.

In the case of an emergency or when 30-days’ notice cannot otherwise be provided, the employee or a member of the employee’s immediate family must notify the employee’s supervisor as soon as possible. A written leave request should follow the verbal request by no more than five (5) days.

The employee must also send a copy of the request for medical leave to the Human Resources Office.

The employee’s request for medical leave must be supported by a physician’s certification of the medical need for leave.

Physician’s Certification Requirement

A physician’s certification is required for any period which exceeds an absence of five (5) consecutive days; however, the University reserves the right to request a physician’s statement for absence periods of five (5) days or less.

The employee must contact the Human Resources Office for the Certification by Health Care Provider form which must be completed by the employee’s health care provider and returned to the Human Resources office within 15 days. Please refer to the Certification by Health Care Provider form for additional information.

If the completed certification form is not received by the Human Resources Office within 15 days, the employee’s absence may be considered “unexcused” and appropriate disciplinary action may be taken. In addition, no payment for wage continuance, salary continuance, vacation, sick, or personal time will be issued.

The employee may also be required to submit to an examination at the University’s expense by a physician selected by the University before the leave of absence will be approved

During a medical leave, the employee must provide the University with periodic physician certifications. Such certifications should be provided after each physician’s visit (but the University may choose to require recertifications to be provided with a frequency not to exceed thirty (30) days between such certifications.

Certification for Qualifying Exigency

The University will require the employee to provide a copy of the covered military member’s active duty orders the first time the employee requests exigency leave. This information need only be provided once for each separate call to active duty. Further documentation which must be supplied in order to support the request includes:

1. A statement, signed by the employee, of the facts supporting the leave request and including any available documentation such as a copy of a meeting notice announcement, appointment or copy of a bill of service.
2. The approximate date the qualifying exigency commenced or will commence.
3. If the request is for a specific period of time, the beginning and end dates of the absence.
4. If the request is for intermittent or reduced schedule basis, an estimate of the frequency and duration of the exigency.
5. If the exigency involves meeting with a third party or entity, contact information for the third party or entity and a brief description of the purpose of the meeting.

Authorization of Medical Leave of Absence
The Human Resources office will send written notification to the employee and the employee’s supervisor indicating the approval or denial of the request for medical leave within five (5) days of receipt. For an approved medical leave, the employee will also receive a Continuation of Benefits While on Leave notification which includes information about the employee’s health insurance, flexible benefit plan, life insurance, and LTD insurance, when applicable.

Extension of Medical Leave

If circumstances require an extension of the leave for any reason, the employee must provide the University the appropriate documentation including, in the case of a personal medical leave, a physician’s certification attesting to the employee’s continued medical condition and inability to work. The maximum duration of a medical leave, however, will be twelve (12) months.

Return to Work

The employee is required to present a completed Release to Return to Work form from his/her health care provider prior to being restored to employment. This statement must indicate the employee’s ability to work including any work-related restrictions and their duration. If this statement is not received, the employee’s return to work may be delayed until the statement is provided.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

• interfere with, restrain, or deny the exercise of any right provided under the FMLA;
• discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.

Enforcement of the FMLA
The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
An eligible employee may bring civil action against an employer for violations.

The FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family and medical leave rights.

Procedures

The employee should contact the Human Resources Office as soon as a leave of absence is anticipated. This applies for any paid or unpaid leave (a leave is defined as any absence that exceeds five (5) consecutive days).

New employees must report to Human Resources located on the first floor level of the Administration Building to complete Federal and Indiana State Withholding Forms. These forms must be completed within three (3) business days from the date employment begins and before a pay check or »¨¼¾´«Ã½ I.D. card can be issued.
Employees who have had a break in employment, change of address, or a change in other personal information may also need to complete new withholding forms. Employees may contact the payroll manager, in the Accounting Office located on the lower level of the Administration Building to review the current information on file. The payroll manager may be reached at extension 4126.

On July 1, 2010, the State of Indiana introduced a new law concerning firearms and employer policies. Employers are prevented from adopting any policies which would prohibit employees from bringing firearms onto an employer’s property so long as the firearm is kept out of plain sight in a locked vehicle.

The Law, However, Contains Several Exemptions

including but not limited to:

“Property belonging to an approved postsecondary education institution.”
(As defined by IC 21-7-13-6(b))

»¨¼¾´«Ã½, under the Indiana State Law, is an approved postsecondary educational institution, therefore firearms are not permitted on »¨¼¾´«Ã½ property per Indiana State Law and »¨¼¾´«Ã½ Policy.

The University recognizes several holidays each year. Please refer to Human Resources Holiday Schedule for exact dates.  These dates will be considered paid time off for those employees eligible as outlined in this policy:

Paid holidays are subject to the following:

1. Employees in a full-time, benefit status position and on the regular payroll are eligible for the paid holidays that occur during their normal work schedule. For example: An individual employed in a 9 ½ month position whose normal work schedule is mid August through May would not be eligible for the Independence Day paid holiday.

2. There is no waiting period for paid holidays. However, the first day of employment cannot be a paid holiday that employees are not scheduled to work.

3. Compensation for paid holidays will be based on normal hours per day (i.e., 7.50, 8.00).

4. To be eligible for the paid holiday, employees cannot have an unexcused absence the last scheduled day before the holiday or the first scheduled day following the holiday.

5. Employees who are scheduled to work but call in sick on the day before and/or the day after a designated holiday, may be required to present a doctor's statement of illness prior to authorization for payment of the holiday. Employees who have been requested to provide a doctor's statement and cannot or do not do so, will not be compensated for the holiday.

6. Employees who received prior authorization to use vacation or sick time during a period when a holiday occurs will receive the paid holiday and vacation or sick time accumulation will not be decreased for that day.

7. Two alternatives are available when it is necessary for an employee to work on a holiday recognized by the University.

   • Under the first alternative, employees will be paid at their overtime rate for that day and be granted another day off as a paid holiday. This day off will be scheduled at a time convenient for the employee and the department.

   • The second alternative allows employees to be paid at two and one-half times their regular rate of pay for that day.

   The appropriate alternative will be determined by the department supervisor. The department that requires employees to work on a scheduled holiday must have an approved overtime account from which holiday overtime can be paid.

8. Employees will be compensated at their regular rate when they are required to work on an actual holiday that is observed by the University on a different day.

9. Employees in a full-time, 12-month, benefit status position are eligible for all paid holidays even though they might not be scheduled to work on the day the University observes the holiday. In the event employees are not scheduled to work on the holiday; they will take another day off during the pay period in which the holiday occurs. For example: An employee's normal work schedule is Sunday through Thursday. Independence Day is on Friday and the University recognizes the holiday on Friday; a day this employee is not scheduled to work. Since this employee is a full-time, benefit status employee, he is eligible for the Independence Day holiday and will observe the holiday on another scheduled workday during the pay period.

10. Employees who have a certified work-related injury are paid by the University's Worker's Compensation carrier at a rate equivalent to two-thirds their regular pay. Employees will be eligible for paid holidays recognized by the University only when they are supplementing the two-thirds Worker's Compensation benefit with their vacation, sick, or personal time. When supplementing, the paid holiday will be equivalent of one-third of their normal hours per day. Employees who choose not to supplement the Worker's Compensation benefit, will not be on the University's regular payroll and therefore will be ineligible for the paid holiday.

11. Employees may use vacation time, personal time or time off without pay to observe religious holidays that are not listed in this policy.

Purpose

It is the policy of the University to remain open and continue operations whenever it is safe to do so during periods of inclement or severe weather. However, the University recognizes that because of potentially hazardous conditions or infrastructure disruptions, employees may find it difficult to report to work or work remotely. Therefore, this policy establishes work expectations and procedures for employees during both inclement weather and severe weather emergencies. This policy does not apply to student employees. Faculty members should also refer to the Absence from Campus during the Academic Year policy in the Academic Handbook for guidance regarding class cancelations due to inclement weather.

Procedures

1. Severe Weather Emergency Declared by the University

Determination of a Severe Weather Emergency 

A Severe Weather Emergency will be determined by the President of the University or another designated official of the University. The Putnam County snow emergency status, campus conditions, and other factors are considered when determining a severe weather emergency for the University. A declaration of a snow emergency by the Putnam County Emergency Agency (EMA) does not necessarily restrict travel for work purposes.

Operations

In severe weather emergencies, the University may suspend in-person business operations and activities and will communicate expectations via email.  Virtual business operations and activities should continue for employees who are able to work remotely. 

If in-person business operations and activities are suspended, employees who are able to work remotely should record their time as usual.  Employees who cannot work remotely will be compensated at their regular rate of pay for their regularly scheduled hours.  Non-exempt (hourly) employees should use paycode WEATHER.

Certain functions are essential at the University during a severe weather emergency and will, therefore, require on-campus staffing. Vice Presidents will identify and notify employees who need to physically report to campus (Essential Employees).  

Non-exempt (hourly) Essential Employees who report to work on campus will be paid BOTH their regular rate for scheduled hours AND will be paid at the overtime pay rate for actual hours worked on campus.  These employees should record their scheduled hours using paycode WEATHER and should also record their actual hours worked on campus by using paycode WEATHER WORKED.  For example: a non-exempt Essential Employee scheduled to work 8 hours who reports to work on campus during a severe weather emergency declared by the University and actually works a 10 hour day on campus will record 8 hours WEATHER and 10 hours WEATHER WORKED.

Exempt (salaried) Essential Employees who work on campus during a severe weather emergency will be compensated at their regular rate of pay.    

2. Hazardous Conditions as Determined by the Employee

Definition

An employee may determine that they are unable to report to work on campus because of hazardous weather conditions, even when a Severe Weather Emergency has not been declared by the University.   

Operations

When an employee determines that they are unable to report to work on campus due to hazardous weather conditions, the employee must notify their department in accordance with established departmental procedures for reporting absences. The employee should consult their supervisor to determine if working remotely during this time is appropriate. 

Employees who have been approved by their supervisor to work remotely will be paid for their regular scheduled hours.  Non-exempt (hourly) employees who are approved to work remotely should not work more than their regularly scheduled hours without prior supervisory approval. 

Employees who have not been approved by their supervisor to work remotely may use paycode Personal or Vacation (up to amounts available to the employee as accrued), or as unpaid time off.

An eligible employee who is a family member of a person on active duty in the United States Armed Forces, or the National Guard, may be eligible to take leave of up to a total of ten (10) workdays per rolling calendar year under the Indiana Military Family Leave Act of 2007. www.in.gov/legislative/ic/code/title22/ar2/ch13.html

An employee is eligible if he/she has been employed by the University for at least twelve (12) months; has worked at least 1500 hours during the twelve (12) month period immediately preceding the day the leave beings; and is a spouse, parent, grandparent, or sibling of a military member called to active duty.

Active duty is defined as full-time service on active duty orders in the armed forces of the United States, or the National Guard, for a period that exceeds eighty-nine (89) consecutive calendar days.

The Act provides for unpaid leave of up to ten (10) workdays per rolling calendar year during one or more of the following periods:

1. Within the thirty (30) day period before active duty orders are in effect:
2. During a period in which the person ordered to active duty is on leave while active duty orders are in effect; or
3. During the thirty (30) day period after the active duty orders are terminated.

The employee must provide the University with at least thirty (30) days notice of the intention to take leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin. In addition, the employee must supply the University with documentation verifying the family member’s call to active duty. Non-faculty employees will be required to use available vacation, personal leave, and or compensatory time to cover the leave period being taken. Any time taken which is not covered by paid leave time will then be treated as unpaid leave.

In accordance with the Indiana Military Family Leave Act of 2007, the University hereby states that it will continue the employee’s benefits during the period of the leave (with the employee being responsible for payment of the employee portion of health benefits during the period of any unpaid leave) and will reinstate the employee to the same or an equivalent position upon the return from leave.

All employees should have a current job description on file in Human Resources. Copies of job descriptions may be distributed to supervisors upon request. Supervisors are encouraged to review and update job descriptions on a regular basis. Please note, however, that changes to job descriptions must be approved by the appropriate vice president and the Director of Human Resources.

»¨¼¾´«Ã½ values a family-friendly environment for its employees, students and the community at large. To that end, the University strives to provide programs and services to assist employees to achieve a better work-life balance. The University recognizes the benefits of breastfeeding and supports the practice of breastfeeding, accommodates breastfeeding needs of employees, and provides adequate facilities for the expression of milk for the employee’s child in accordance with Indiana law (IC 22-2-14-2) and as described below.

1. Lactation Accommodation Requests
   1. Any employee who wishes to breastfeed or express milk in the workplace shall notify her supervisor and discuss any relevant workload or scheduling issues.
   2. Supervisors who receive a lactation accommodation request shall do the following:
      1. Review available space in the department and provide appropriate nearby space, as described below, for lactation. If the supervisor is unable to locate appropriate space to meet the employee’s needs, the Office of Human Resources should be contacted for advice and assistance.
      2. Assure there is a convenient cold storage facility for keeping milk that has been expressed until the end of the workday. If a departmental refrigerator is provided, the employee must ensure that containers are well marked. If a refrigerator is not available, refer the employee to the Office of Human Resources who will assist the employee in securing a compact refrigerator for use during work hours.
      3. Familiarize themselves with this policy, as well as several other relevant policies; questions can be directed to the Office of Human Resources. As part of the mandatory new supervisor orientation, this policy, as well as several other policies will be reviewed and discussed.
2. Lactation Breaks
   1. The required time needed for lactation breaks is impacted by individual needs and the proximity of a reasonable space for lactation. In general, approximately 30 minutes, 3 times per day, is needed. Lactation breaks should, if possible, run concurrently with any break time already provided to the employee.
   2. For non-exempt employees, in accordance with the Fair Labor Standards Act, breaks of less than thirty (30) minutes are considered paid time. Supervisors are expected to grant reasonable flex time scheduling to accommodate lactation needs and still allow for business needs to be accomplished.
3. Lactation Facilities
   1. Appropriate private space shall be provided with reasonable efforts made for the lactation to be in close proximity to the nursing mother’s work area.
   2. The location may be the place where the nursing mother normally works if there is adequate privacy with a closable and lockable door (e.g., the employee’s private office or a conference room that can be secured). The location must have good lighting and an electrical outlet.
   3. The location must be clean, well ventilated, have a suitable/comfortable chair, and available table space.
   4. The location should have access nearby to a clean, safe water source.
   5. Areas such as restrooms, closets or storage areas are not acceptable spaces for lactation purposes.
      
      Currently the Women’s Center is a designated lactation facility. Other additional spaces as they are identified will be listed on the Human Resources webpage.
4. Resources
   • La Leche League International - 
   • Kelly Mom Breastfeeding and Parenting -
   • US Department of Health and Human Services – 

GUIDELINES

Off Campus Errands by Hourly (Non-Exempt) Staff

Date: August, 2011
Contact: Human Resources x4181

Purpose:
This policy is to guide supervisors on what is appropriate to ask hourly staff to do with regard to off campus errands which would include purchases for office supplies, food, and other assorted tasks. It also is intended to clarify how these tasks must be accounted and compensated for.

Definitions:

Hourly (Non-Exempt): This is a worker who is eligible to receive overtime pay. (The non-exempt refers to the fact that they are “not exempt” from overtime.)

Workweek: A workweek is defined as Sunday, 12:00 midnight through Saturday, 12:00 midnight.

Overtime pay: This pay equal to 1 ½ times the current hourly rate for the position for all hours worked over 40 in one workweek. A supervisor has the option of providing time off within the workweek in order to keep hours within the 40 regular hours. Example: If overtime is expected on Saturday of the workweek, time off must be provided prior to that Saturday to stay within the 40 regular hours. If overtime is expected on a Sunday, then time off can be scheduled during the same week.

Policy:
All on-campus options should be exhausted before asking an Hourly (non-exempt) staff member to run an errand off campus. Examples include:

1. Arranging for food for events should generally be done through on-campus catering. The university has a contract and they can provide the food and cleanup for any event.
   Contact: Catering Manager, x5421
2. Buying supplies should generally be done through suppliers with negotiated contracts for providing supplies at a lower cost.
   Contact: Business Services, x4020

However, there may be times when it is necessary to ask a staff member to run errands off campus. These tasks/errands must be:

1. Clearly identified as a critical part of the work product and support of the department/division (For example: student seminars, guest speakers, special emergency supplies).
2. Clearly identified in the job description as part of the work responsibilities for the staff member‟s job.

Examples of tasks/errands that are NOT appropriate for staff members to be asked to do:

1. personal errands for other department members
2. buying supplies/food which otherwise could be purchased through the university purchasing program unless it is agreed that the university provided solution is not appropriate either because of timing or cost.

Staff members should not be asked to do errands on their lunch hour or other personal time. All time spent on errands must be compensated in the same way by which all other hours are compensated (i.e., regular time or overtime, as defined above). In addition, if a personal car is used, mileage must be paid to the staff member at the rate established by the accounting office which is currently .42 per mile.

Because »¨¼¾´«Ã½ employees are members of the civic community, they must from time-to-time exercise certain responsibilities to that community. In recognition of these obligations, the University will grant time off for the following:

Jury Duty: When employees are selected for jury duty, they will continue to receive full pay from the University based upon their normal work schedule and normal hours per day up to a maximum of five (5) consecutive days. If employees are required to be absent from their job for a period longer than five consecutive days, pay from the University will be reduced by the amount received for jury duty up to twenty (20) additional workdays. Employees should present proof of jury attendance to their supervisor.

Voting: Because of the period of time the polls are open, most employees will be able to fulfill this obligation outside of their normal work schedule. However, if employees are unable to reach a polling place before or after their normal work hours, every effort will be made to allow employees the time necessary to vote and such time off will be given with pay when employees properly request time off through their supervisor. Voting pay will not exceed two (2) hours.

Military Leave: Military leaves of absence and re-employment rights of employees who serve in the armed forces of the United States will be determined on the basis of applicable Federal Laws. The University cannot require employees to use vacation time to cover their absence but employees may choose to use vacation time if they wish.

Civic Duty: Employees will be paid for time spent during working hours in fighting fires, answering public alarms, and in non-scheduled driving of an ambulance providing they are a member of such organization serving the community. Employees should present proof of membership in the organization to their supervisor. Time off for this purpose is limited to the equivalent of two (2) normal workdays per year.

Effective Date: September 15, 2024

Under the Fair Labor Standards Act, accurate records of all hours worked by non-exempt employees must be maintained and overtime must be calculated on a workweek basis.

Definition of workweek: For the purposes of calculating overtime the work week is defined as Sunday, 12 a.m. through Saturday, 12 a.m.

All hours worked must be used when calculating overtime compensation. All time that exceeds 40 hours in any workweek must be paid at a rate that is equal to at least one and one-half times the employee's regular hourly rate. There are no exceptions to this rule.

Paid time off is included in Overtime calculations.  Paid Time off includes but is not limited to: vacation time, sick time, holidays, personal time, compensatory time taken, bereavement leave, jury duty, and wage continuance for pregnancy and/or delivery. 

Supervisory Responsibility: It is the responsibility of the supervisor to ensure that any hours worked beyond 40 in any workweek are compensated at a rate that is equal to at least one and one-half times the employee's regular hourly rate. The supervisor has the right to determine the hours to be worked in a week to accomplish the job and these hours can vary to accommodate special events as the job may require.

Comp Time: There is no comp time. Hours cannot be taken off to “compensate” for the possibility of overtime any time other than during the scheduled work week.

Purpose

The purpose of this policy is to provide a leave of absence for those employees who are engaging in starting or building their families. 

Eligibility

Employees are considered eligible if they have been employed by the University for at least one (1) year and at least 1250 hours over the prior 12 months.

Policy

An eligible employee who becomes a parent, for the first time or is adding to their family, through natural birth, surrogacy birth, or adoption, is entitled to a paid leave. Parental leave is concurrent with the Family Medical Leave Act (FMLA). The Parental leave will run concurrently with a medical leave associated with the birth. 

The leave year will be determined by a “rolling” 12-month period measured backward from the date the employee starts an initial parental leave. 

The birth of more than one (1) child from the same pregnancy constitutes one (1) birth for the purposes of this policy.  Adoption is defined by legal adoption of a child(ren) six (6) years of age or less. The adoption of more than one (1) child within the same leave year constitutes one (1) adoption for the purposes of this policy. 

Where both parents are eligible »¨¼¾´«Ã½ employees, the parents are each entitled to share a twelve (12) week paid leave between them at their discretion.

During a parental leave, benefits continue as though the employee is actively working. Benefits include but are not limited to:

• The employee will continue to accrue sick and vacation time. (see Employee Guide/Vacation Policy)

• The employee will be paid for holidays occurring during their regular schedule.

• Health insurance contributions made by the employee will be deducted from pay issued.

• The employee will remain an active participant in the retirement program.

Procedures

Employees taking leave under this policy must submit a written request at least thirty (30) days before the anticipated commencement of the leave.  Employees should submit their request to the Office of Human Resources.  In the case of an emergency or when 30-days notice cannot otherwise be provided, the employee or a member of the employees’ immediate family must notify Human Resources and the VPAA, if faculty, or their immediate supervisor, if staff.  In the event notice is provided verbally, a written leave request should follow the verbal request by no more than five (10) calendar days.

Faculty - Faculty do not have time off provisions under Vacation Time and therefore they may take up to 12 weeks of paid leave within the leave year. The leave will be effective in the semester during which the eligible faculty member will miss more than two (2) successive weeks of class due to the addition to their family.  If the associated leave will not overlap more than two (2) successive weeks of class, the leave may be taken during the semester immediately following the addition to their family. During an approved Parental leave, the eligible faculty member is relieved of all teaching, service, and scholarly/artistic work obligations. The balance of the eligible faculty member’s work during the remaining weeks of the affected semester will be devoted to non-teaching duties (i.e., scholarly/artistic work, professional development or service) An eligible faculty member who takes a Parental leave during their probationary period for tenure may, upon request to and approval of the VPAA, receive a one (1) semester extension of the probationary period.

Staff - Staff may take up to twelve (12) consecutive weeks of leave when they combine eight (8) weeks of parental leave and up to an additional four (4) weeks of any accrued, but unused vacation time, within the leave year.  During an approved Parental leave, the eligible staff member is relieved of all work obligations.

There is parking on campus that is designated for employees. Employees must contact the »¨¼¾´«Ã½ Police Department, 101 E. Seminary St., Lower Level, to register their vehicles and obtain parking stickers. This office may be reached at 765-658-5555.

Pay will be distributed by Direct Deposit according to the following schedule:

Hourly employees – Direct Deposit will be made on a biweekly basis. A copy of the biweekly Staff and Student Pay Schedule can be found on the Important Dates section of the HR website.

Salaried employees – Direct Deposit will be made on a semi-monthly basis (generally available on the 15th and the last working day of each month).  A copy of the Semimonthly Pay Schedule can be found on the Important Dates section of the HR website.

Pay Statements are available via .  Instructions for Self Service Registration can be found under the Payroll section of the HR website.

Performance reviews should be conducted for all employees at the end of their initial 90-day probationary period and then conducted thereafter on an annual basis. Supervisors will be advised by the Office of Human Resources when annual performance reviews are to be completed.

Full-time, benefit status hourly employees are entitled to one personal day per calendar year.

1. Employees will receive a personal day equal to their normal hours per day.
2. Employees must obtain approval from their supervisor to use their personal day before it is taken.
3. Employees may only use their personal day at a time when they are normally scheduled to work.
4. Employees may use the personal day in quarter-hour increments.
5. The personal day may not be accrued. Any balance remaining as of December 31 will be forfeited. During the pay period in which January 1 occurs, the personal day balance will be set to an amount equal to the normal hours per day as indicated in each employee's personnel/payroll record.
6. The use of the personal day does not affect eligibility for attendance awards issued through the Sick Leave Incentive Award Program or the Savings Bond Award Program.
7. Upon retirement or separation of employment, no payment will be issued for any remaining personal day balance.

A Personnel Action Sheet is used to communicate and process personnel changes, payroll changes, and personal information changes for all employees. This form is available from Human Resources. Reasons for completing and processing a Personnel Action Sheet include but are not limited to the following situations:

• Hiring a new employee
• Completion of a probationary period
• Extension of a probationary period
• Separation of employment
• Retirement
• Transfer to another position or department
• Begin, continue, or return from a leave of absence (Reminder; a leave of absence is defined as any absence that exceeds more than five consecutive days.)
• Change from paid status to unpaid status during a leave of absence
• Change in employment status (part-time to full-time, full-time to part-time, on-call to part-time, etc.)
• Change in annual hours
• Change in classification
• Change in job title
• Change in position status (change in hours per day, hours per week, annual hours)
• Change in rate of pay
• Change of shift
• Change in campus address or campus phone
• Change in home address or home phone
• When full-time employees work outside of their regular position for the following:
  Alumni Reunion Weekend, Commencement, Old Gold Weekend, Freshman Testing for Institutional Research.

While the University recognizes that pets are often an integral part of many of our employees’ families, it is also recognized that some of our students and employees may suffer from animal-related allergies or may be fearful of animals. In an effort to provide a work environment which reduces the potential for safety and health concerns, pets are not permitted in university buildings, with the exception of service animals.

As defined under the Americans with Disabilities Act, service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks.

Regular, full-time, 12-month positions are categorized into two groups:

• A position budgeted for 1920 annual hours has a schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for 12 weeks during summer hours.
• A position budgeted for 2080 annual hours has a schedule of 40 hours per week for 52 weeks.
• Positions budgeted for more than 1000 annual hours but less than 1920 annual hours may also be considered regular, full-time positions. These positions are considered 9 ½-, 10-, 10 ½-, or 11-month status. Normal schedules are given below, however, hours reported may be spread over the entire fiscal year as long as total hours reported do not exceed those budgeted for the position. The most common categories are as follows:
• A 9 ½-month position budgeted for 1535 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for one week during summer hours.
• A 10-month position budgeted for 1605 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for three weeks during summer hours.
• A 10 ½-month position budgeted for 1710 annual hours has a normal work schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for six weeks during summer hours.
• An 11-month position budgeted for 1780 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for eight weeks during summer hours.
• A 9 ½-month position budgeted for 1640 annual hours has a normal schedule of 40 hours per week for 41 weeks during the fiscal year.
• A 10-month position budgeted for 1720 annual hours has a normal work schedule of 40 hours per week for 43 weeks during the fiscal year.
• A 10 ½ -month position budgeted for 1840 annual hours has a normal work schedule of 40 hours per week for 46 weeks during the fiscal year.
• An 11-month position budgeted for 1920 annual hours has a normal schedule of 40 hours per week for 48 weeks during the fiscal year.

Where it appears appropriate and effective, the University will utilize a system of progressive discipline to address the remedy of situations where an employee demonstrates unacceptable conduct and/or performance. Under the University’s system of progressive discipline, each incident which may require disciplinary action will be examined carefully to ensure verification of facts and consistent application of corrective measures. Further, whenever reasonably feasible, an effort will be made to make certain the employee understands the rule that is involved, why the behavior is inappropriate or unacceptable, and specific changes which must be made in order to bring the employee’s conduct or performance to an acceptable level. The progressive discipline principle allows the employee to see the results of his/her actions if the problem persists and encourages the employee to develop good self-discipline habits so as to make further imposed discipline unnecessary.

Progressive discipline is not applicable in every instance where disciplinary action is warranted. Specifically, if an employee’s violation of University work rules or policies involves gross misconduct (such as actions which involve the violation of state or federal laws, actions involving workplace violence, public intoxication and/or disorderly conduct, etc), the employee may not be eligible for progressive discipline and instead will be subject to more serious disciplinary action, up to and including immediate termination. Actions requiring discipline and the progression of disciplinary steps which will be followed may vary at the sole discretion of the University and will not necessarily be limited to those actions listed in this policy. Not all actions which might warrant discipline are specifically included in this policy.

The progression of steps of discipline may include any or all of the following:

1. Counseling: Discussion by the supervisor with the employee of behavior which could result in progressive discipline. The discussion should be documented in the supervisor’s personal files but need not be filed in Human Resources.
2. Verbal Warning: A verbal discussion between a supervisor and an employee about an employee’s failure to comply with a rule or demonstrated unacceptable conduct or performance. This is the first step in the formal disciplinary process. The supervisor must document that the meeting occurred, the subject of the meeting and the outcome of the meeting and submit the documentation to the employee’s file in Human Resources.
3. Written Warning: A second or subsequent documentation of an ongoing disciplinary issue. Documentation goes to the employee’s file in Human Resources.
4. Final Warning: At the point of progressive discipline that a supervisor has decided that the only possible consequence of further problems with performance or behavior is termination of employment, a Final Warning clearly stating the consequences should be issued and filed in the employee’s file in Human Resources. This is not to imply that an employee can only be terminated if a Final Warning is on file. It is simply advised to best insure that the employee clearly understands the implications of further failure to perform.
5. Termination of Employment: This final step in the progressive disciplinary process requires both documentation of the rationale and circumstances and accompanying submission of a Personnel Action Sheet documenting the termination. Terminations require consultation with the Office of Human Resources.
   
   * Suspension: Suspension from work , with or without pay, is an OPTIONAL step in the disciplinary process. Suspending employees as punishment is not particularly effective nor is it encouraged by the Human Resources office. Suspension is generally called for when it is necessary to remove an employee from the work environment while decisions are being made on an appropriate progressive disciplinary step; for example, while investigating a sexual harassment complaint, as a result of an altercation between an employee and another individual, or when an employee is at work in an intoxicated state. Suspension can occur at any point in the progressive disciplinary process. Suspensions must be documented to the employee’s file in Human Resources. Salaried employees can only be suspended for a full day of work and can be suspended only in instances of severe or gross misconduct.

The following are some examples, but certainly not a comprehensive list, of the kinds of situations that might call for progressive discipline:

1. Chronic and/or excessive tardiness/absenteeism
2. Careless work resulting in waste, spoilage, or delay
3. Leaving the work area without authorization or not being in an assigned area as designated
4. Profanity directed at a supervisor, co-worker, student or campus visitor
5. Inefficient or ineffective work based upon established University and/or department standards
6. Tampering with or falsifying official University records including one’s own or another’s time card
7. Unauthorized soliciting in University work areas during work time and/or wandering in other departments without authorization
8. Fighting or threats of violence
9. Failure to report an accident, injury, or hazardous situation in a prompt manner
10. Violation of University policies including the policy on Harassment, Substance Abuse, Consensual Relations, etc.

GUIDELINES
Providing a Healthy and Safe Workplace

Date: August, 2011
Contact: Human Resources x4181

PURPOSE

The University values an atmosphere that fosters a healthy and safe work environment that is conducive for faculty/staff to accomplish their job duties. In addition, there are many areas where confidentiality must be preserved. In order to create and maintain this environment it is important faculty and staff remain aware of potential safety issues and disruptions that would be detrimental to the completion of the individual’s duties. This policy provides guidelines for identifying and remedying situations that could disrupt the environment.

POLICY

Faculty and Staff must be vigilant in maintaining a safe and healthy work environment for themselves and others. Everyone is encouraged to consider and respect the work of colleagues when making decisions that might be considered a disruption. If a situation arises and a faculty/staff member is questioning whether it is detrimental to the completion of an individual’s duties or those of others, the observer should bring the situation to the attention of the party involved or to the supervisor/department head. If the situation cannot be resolved within the area, a representative from Human Resources can be called to assist.

It is always advisable that supervisors and department heads have periodic discussions with all faculty and staff about expectations and responsibilities regarding the work environment of colleagues and agree on what might be considered a disruption and/or a safety/health hazard. Also, it is important to include a review of the confidentiality needs of the area.

Examples of Potential Disruptions

The following are examples only and not intended to be a complete list of potential situations causing disruptions. Any disruption should be brought to the attention of the individual responsible and/or the supervisor/department head.

Personal visitors/children:

Some workspaces are not suitable for personal visitors or children. In addition, strict guidelines should be maintained if a child is brought into the workplace. If there is any question about this, employees should seek guidance from their supervisor/department head.

Safety: A minor may never be allowed into an area that is potentially hazardous (i.e., where hazardous equipment, human-derived materials, radioactive materials, etc., are located); such prohibited areas include workshops and laboratories, areas where chemicals are stored, and plant rooms.

Supervision: Children must be supervised by the parent or guardian at all times with consideration to the workplace issues. Employees supervising children must be able to complete their own work. No other colleague or student should be asked to supervise a child. If a complaint is made about disruption being caused by a child in the workplace, the supervisor/department head will ask the parent/guardian to immediately correct the situation even if this requires the parent/guardian to take vacation time or personal leave time in order to do so. No employee may use the workplace as an alternative to childcare.

Illness: Children exhibiting symptoms of potentially contagious illnesses should not be brought into the workplace. Provision for sick children should be made within the context of various forms of leave available to employees such as: leave relating to caring for a sick family member (sick leave), annual leave, or unpaid leave.

Computer Use: Institutional computers are University property and intended for use only by employees in the course and scope of assigned duties; they should not be used to entertain visiting children.

The University does not accept any liability for injuries to children who are not authorized to be in the workplace.

Personal Electronic Equipment

Staff and faculty may have personal electronic equipment (radios, music playing devices, computers, etc). The use of these items may not interfere with the individual’s work or the work of colleagues in the area. If there is a complaint, the supervisor/department head will review and recommend a solution.

The university does not accept any liability for damage, loss, or theft of any of these personal items.

Other Disruptions/Safety Issues

Other issues may be brought to the attention of the individual or the supervisor/department head. The supervisor will resolve the issue and may call upon Human Resources to help in deciding the best solution.

Eligibility for retirement and continuation of group health insurance coverage is determined by the employee’s age and years of continuous full-time employment with the University. Employees will be considered eligible when the criteria in one of the following options is met. There is no continuation of group health insurance if an employee was hired on or after January 1, 2013. 

Option A: Employees may continue group health insurance at the retiree rate if by the retirement date they

• are at least age 55 years, and

• have completed at least 15 years of continuous full-time employment, and

• have a combination of age and years of continuous full-time employment that totals at least 80.

• were hired prior to January 1, 2013.

OR

Option B: (Available only for employees hired prior to July 1, 1996): Employees may continue group health insurance at the retiree rate if by the retirement date they

• are at least age 62 years, and

• have completed at least 15 years of continuous full-time employment.

Dependent Coverage

1. Group health insurance may also be continued for eligible dependents insured at the time of retirement.

2. Retirees may terminate group health insurance coverage for an eligible dependent at any time but may not add new dependents.

Disability Provision / “Bridge” Policy

The Disability Provision is intended to act as a bridge which may allow the employee to meet eligibility requirements for retirement and transition to retiree benefits.  If applicable, this provision allows an employee to remain covered on the group health insurance plan from the date of disability as follows:

Employees must continue to pay the employee’s share of the health insurance premium through the continuations period.

Example of how this provision works:  If an employee is 55 years old with 23 years of service and becomes disabled, this employee does not meet the eligibility requirements of the Retirement Policy (55 + 23 = 78).  However, the bridge would allow this employee to continue for up to 3 more years on the active coverage at which time the employee would meet eligibility requirements for retirement and transition to retiree benefits.

Procedures

1. The employee who elects to retire must submit a letter of retirement, which includes the retirement date to his/her supervisor. A copy of the letter must be forwarded to Human Resources.

2. The employee considering retirement should contact the Social Security Office six months prior to the planned retirement.

3. The employee who has participated in a University-sponsored retirement plan should contact the carrier six months prior to the planned retirement to discuss options for distribution of funds.

4. The Human Resources Staff is available to assist the employee in the transition from active employment status to retirement. Employees are encouraged to contact Human Resources to discuss retirement date, benefits (i.e., Health Insurance, Life Insurance, Retirement Plan) and any other questions regarding retirement.

Full-time employees are entitled to supplemental or shift bonus pay differentials under the following conditions:

• For employees to be eligible for shift differential of 6% of their base rate, they must work between the hours of 5pm and midnight, referred to as second (2nd) shift.  If an employee works more than 50% of their shift during the 2nd shift time frame, the entire shift is eligible for shift differential.

• For employees to be eligible for shift differential of 13% of their base rate, they must work between the hours of midnight and 7am, referred to as third (3rd) shift.  If an employee works more than 50% of their shift during the 3rd shift time frame, the entire shift is eligible for shift differential.

Examples:

An employee works 3pm to 11pm - More than 50% of the shift is in the 2nd shift time frame.  The whole shift will be eligible for 6% shift differenital.

An employee works 11pm to 7am - More than 50% of the shift is in the 3rd shift time frame.  The whole shift will be eligible for the 13% shift differential.

An employee works 8am to 5pm and is asked to work an evening event that starts at 6pm and ends at 8pm.  They would be eligible for two hours of 6% shift differential.

An employee starts work at 6am an works until 2pm.  The employee would be eligible for one hour of 13% shift differential.

Full-time, benefit status hourly employees accrue sick time according to the following schedule:

Full-time, benefit status salaried employees do not accrue sick leave but they are covered under the Salary Continuation policy.

Sick time benefits are subject to the following:

1. Employees must follow the normal procedures for reporting absences as established by their department.
2. Employees may use sick time as it is earned.
3. Employees are not required to complete their 90-day probationary period before sick time may be taken.
4. Employees may only use sick time at a time when they are normally scheduled to work.
5. Employees may use sick time in quarter-hour increments.
6. Employees may use sick time when they are ill or need time off for doctor visits. In addition, non-exempt employees may use accrued sick time to care for an ill child, spouse, or parent.  Exempt employees may use up to 10 days of sick time per calendar year to care for an ill child, spouse, or parent.  Absence of more than five (5) consecutive days will require the submission of an FMLA Physician’s Certification (see FMLA policy).
7. Employees who reach their maximum sick time accrual become eligible for the Sick Leave Incentive Program. When the maximum sick time accrual is reached and maintained for the following 12-month period, an incentive award equivalent to up to 3 days pay will be processed.
8. At separation of employment (retirement or termination), no payment will be issued for sick time accrued but not taken.

For Full-time, Hourly Employees
The employee must be considered an official retiree from »¨¼¾´«Ã½ by meeting the criteria specified in the University Retirement Policy. The sick time bonus at retirement of the employee will be based on the employee’s accumulated sick time balance as of the date of retirement.

In the event of the death of an employee, the Bonus amount will be issued to the same beneficiary or beneficiaries as designated on the employee’s life insurance benefit record. The Bonus amount will be determined by the employee’s accumulated sick time balance as of the date of death and will follow the payout schedule specified above in item #2. The employee does not have to meet the University’s definition of retirement in order for the beneficiary or beneficiaries to receive this benefit.

Purpose

The purpose of this policy is to define the exit interview process, required paperwork and notification to various university departments upon a faculty/staff member’s separation. 

Policy
Supervisors/Department Heads will complete the Personnel Action Sheet (found on HR page of the website under “Helpful Forms”) and send it to the Office of Human Resources as soon as he/she knows that a faculty/staff member will be leaving the university.  The Personnel Action Sheet should be accompanied by a letter of resignation, if applicable, and must document the reason for termination, date of termination and bear the signatures of all appropriate individuals.

All appropriate departments will be notified and the necessary steps will be taken to complete the separation process in a timely, efficient and professional manner.

Procedures
A separation check list will be emailed to the exiting employee and their immediate supervisor to provide guidance to transition the employees work and work related materials.  The immediate supervisor shall make arrangements with the exiting employee for return of University property. 

Questions regarding benefits should be directed to the HR Office via phone 765-658-4181 or email (HR@depauw.edu).  

Exit Interview

Once the Personnel Action Sheet reaches the HR office, the HR team will offer to conduct an exit interview (generally on the last day of work) to give the separating faculty/staff member the opportunity to share information about their university experience. This information will be used to help make improvements to ongoing programs and support.  In lieu of a formal exit interview meeting, exiting employees may opt to fill out the online Employee Exit Survey which can be found on the Human Resources website. 

Expectations of the Separating Faculty/Staff Member

1. Expected Notice:

   1. Non-Exempt (Hourly) Staff Member (voluntary resignation or retirement): A minimum of two weeks’ notice of intention to separate from the University is preferred in order to allow a reasonable amount of time to transfer ongoing workloads.

   2. Exempt Non-Management Staff: A minimum of two weeks’ notice of intention to separate from the university is preferred in order to allow a reasonable amount of time to transfer ongoing workloads.

   3. Exempt Management Staff: Four weeks’ notice is preferred for management staff to be provided to supervisor.

   4. Faculty: A faculty member who is retiring or resigning his or her position should inform the Vice-President of Academic Affairs as soon as practicable, but no later than June 30. A decision to retire or resign after this date may result in the need for the faculty member to repay salary to the university.

2. Vacation: A Staff Member who voluntarily resigns is expected to work on the last day of employment.  Any available vacation should be taken prior to the last day or paid out in the final paycheck (see Employee Guide for how vacation time is granted). 

Health and Welfare Benefits

»¨¼¾´«Ã½ medical, dental and vision insurance will terminate at the end of the pay period of the faculty/staff member’s last day of employment.  At that time, you will be eligible to elect COBRA coverage to extend your coverage under the medical and dental plan. A packet of information regarding COBRA enrollment and costs will be mailed to your home directly from HRPro.

Basic and voluntary life, accident and disability insurance will terminate at midnight on your last actual day of work at the University.  If enrolled in voluntary life, employees do have the opportunity to convert to a portable policy.

Participants in the »¨¼¾´«Ã½ 403(b) Retirement Plan are 100 percent vested.  Approximately two weeks after you receive your final pay, you may contact TIAA at 877-267-4507 for information on your options. You may wish at this time to start thinking about whether you can roll over the funds into your new employer’s retirement plan or whether you would like to open a personal IRA for the funds. You may also receive cash benefits, which are subject to tax penalties, or leave your money in your TIAA retirement account with TIAA.

If you participated in the Our Healthy Tigers HSA Incentive Program, any unpaid earned funds will be distributed to your HSA savings account upon your exit.  Funds in your health savings account (HSA) will be converted to an independent account through HSA Bank. You will receive information about your account directly from HSA Bank or you may call them directly at 800-357-6246, for additional information about the terms and conditions of your account as an independent account holder.

Contact the benefits manager with additional questions.

Vacation/Sick Leave Payout

1. Exempt Staff: Unused available vacation will be paid out on the last paycheck. There is no sick time accrual.

2. Non-Exempt Staff (hourly): Unused, accrued vacation hours will be paid out on the last paycheck. There is no sick time accrual paid out.

   Staff members who are retiring, may be eligible for sick leave payment at retirement if he/she meets the requirements as stated in the Employee Guide.

3. Faculty: There is no vacation or sick leave pay out. 

Re-Hire Eligibility
A faculty/ staff member who leaves the University in good standing and is classified as eligible for rehire may be considered for reemployment. An application must be submitted to the Office of Human Resources, and the applicant must meet all minimum qualifications and requirements for the position. Supervisors must obtain approval from the Director of Human Resources or designee prior to rehiring a former faculty/staff member. Rehired faculty/staff members begin benefits just as any other new faculty/staff member. Previous employment with »¨¼¾´«Ã½ will not be considered in calculating longevity, leave accruals or any other benefits. 

IS Accounts—Disabling and Removal
Staff Member
Each employee separating from the University will have all accounts access disabled immediately upon his/her last day of service.

Faculty
Separated faculty members will retain their email (only) account access for one semester following their last teaching semester at which point those email accounts will be disabled. All other account access is disabled immediately upon his/her last day of service.

Retiring Faculty/Staff
Emeriti
A retiring faculty member (emeritus) will retain email, e-Services access (with the role of “retiree‟ or “emeritus‟), and IS account access necessary to enable authorized library access. Access to all other IS accounts will be disabled immediately upon his/her last day of service.

Teaching Emeriti
A retired or emeritus faculty member who is teaching as a “Senior Professor” as designated by the Vice President of Academic Affairs will be assigned additional IS account access needed to support his/her teaching and scholarship activities.

Retiring Staff Member
A retiring staff member will retain email, e-Services access (with the role of “retiree‟), and an IS account access necessary to enable authorized library access will be retained. These accounts will be tagged to identify the person’s “retiree‟ status. Access to all other IS accounts will be disabled immediately upon his/her last day of service. 

Preserving Account Information
Account information will be preserved on disabled accounts for 90 days or until instructed that it should be removed. The former employee’s supervisor will be notified of the impending removal, at 90 days, and the account will be removed.

Auto-Reply Notification
Separated employees whose accounts have been disabled will have an auto-reply on their email account stating the "person is no longer with the University." An email address will be listed where University business information can be sent, as will an email address for future personal correspondence with the separated employee (if desired). The auto-reply will remain in effect until the account is removed.

ID Cards
ID cards should be returned as University property to the exiting employee's supervisor.  Supervisors will send to the HR office.  Retirees may request an ID with all rights, privileges and access including discounts, access to Lilly Center, etc. associated with the ID card.

Parking Permit
Parking permits should be returned as University property to the exiting employee's supervisor. Supervisors will send to HR office. Retirees may continue to use their parking permits and update their information with the University police as needed.

Notifying Other Offices
The Office of Human Resources will notify, by email, the Accounting Office, Facility Management, Public Safety, the ID Desk, and Information Services (and other appropriate individuals/departments if appropriate) of the termination of the faculty/staff member upon receipt of the Personnel Action Form confirming the termination.

Contact Human Resources with any questions: 765-658-4181 

»¨¼¾´«Ã½ seeks to promote the health and safety of its employees, guests and students, while safeguarding individual rights. To provide a healthful campus, »¨¼¾´«Ã½ prohibits smoking in the following locations:

1. All University buildings, and within 40 feet of those buildings;
2. All University vehicles, with the exception of University owned vehicles assigned to an individual: and
3. All University outdoor facilities (e.g., Blackstock Stadium, athletic fields).

Smokers are encouraged to dispose of used cigarettes and cigars in proper receptacles.
You can also find the City Ordinance in the Appendix Section.

ORDINANCE NO. #2007-3

ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer in non-smokers; and
WHEREAS, people at special risk to secondhand smoke include children, the elderly, individuals with cardiovascular disease or impaired respiratory function, including asthmatics, and those with obstructive airway disease; and
WHEREAS, health hazards induced by breathing secondhand smoke including lung cancer, heart disease, respiratory infection, decreased respiratory function, and bronchospasm; and
WHEREAS, the City of Greencastle (hereinafter “City”) finds and declares that the purposes of this ordinance are: 1) to protect the public health and welfare by prohibiting smoking in public places, and places of employment; and 2) to guarantee the right of persons to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENCASTLE, INDIANA as follows:

Section 1. Definitions.

As used in this Ordinance, the following words and phrases have the following meanings unless otherwise designated:

1. "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including but not limited to taverns, nightclubs, and cocktail lounges.
2. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
3. “Private Club” means a facility:
   1. owned or operated by an association or corporation which shall:
      1. not be operated for pecuniary gain;
      2. consists of a membership:
         1. formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or
         2. comprised of persons who have served in the armed forces of the United States; or
         3. formed as a recognized, exclusive association of persons organized for a joint or common purpose for which application for membership, the payment of dues, and self-governance by the membership are distinguishing characteristics; and 
      3. Registered under Indiana law; and 
      4. Determined by the Internal Revenue Service to be operating under not-for-profit status.
   2. where entry into and use of the facility is restricted to members and guests of members.
4. "Restaurant" means any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes sandwich stands and soda fountains. The term "restaurant" shall include a bar area within the restaurant. 
5. “Theater” means any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
6. "Smoke" or "smoking" means the act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
7. "Public place" means any enclosed area used by the general public, including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats and beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place.
8. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
9. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.
10. "Retail Tobacco Store" means retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages.
11. "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill.

Section 2. Application of Chapter to City-Owned Facilities

All properties, except public rights-of-way and easements, including buildings and vehicles owned, leased, or operated by the City of Greencastle , shall be subject to the provisions of this Chapter.

Section 3. Smoking prohibited in public places.

Smoking shall be prohibited in all enclosed public places within the City of Greencastle, including but not limited to, the following places:

1. Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, bowling alleys, hotels, and motels.
2. Bars.
3. Bingo facilities.
4. Convention facilities.
5. Elevators.
6. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.
7. Galleries, libraries, and museums.
8. Health care facilities, except where required by law.
9. Licensed childcare and adult day care facilities.
10. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
11. Polling places.
12. Private Clubs, during any period of time that the public is present and invited on the premises.
13. Public transportation facilities, including buses and taxicabs.
14. Restaurants.
15. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
16. Retail businesses and stores.
17. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City or a political subdivision of the State when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the City.
18. Schools
19. Service lines
20. Enclosed shopping malls
21. Sports arenas, including enclosed place in outdoor arenas.

Section 4. Prohibition of Smoking in Places of Employment.

Smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, service areas, stairs, restrooms, vehicles, and all other enclosed facilities.

Section 5. Where Smoking is Not Regulated.

The prohibitions of Section 3 shall not apply to the following:

1. Private residences, except when used as a licensed childcare, adult day care, home occupation where the public is invited or health care facility.
2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than twenty five (25%) of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
3. Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.
4. Private clubs, as described in Section 1. Definitions, item c., and as regulated in Section 3.(l). 
5. Outdoor areas of places of employment.

Section 6. Declaration of Establishment as Nonsmoking.

Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, outdoor area or parking lot as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 8 is posted.

Section 7. Posting of Signs.

Every public place and place of employment where smoking is prohibited by this Ordinance shall have posted a conspicuous sign clearly stating that smoking is prohibited.

Section 8. Enforcement.

1. This Chapter shall be enforced by the Office of the Mayor of the City of Greencastle, or his/her designee.
2. Any citizen who desires to register a complaint under this Chapter may initiate enforcement by contacting the Office of the Mayor or the Greencastle Police Department.
3. The City’s Building Inspector or Fire Inspector, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Ordinance.
4. An owner, manager, operator, or employee of an establishment regulated by this Ordinance shall inform persons violating this Ordinance of the appropriate provisions thereof.

Section 9. Violations and Penalties.

1. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of an infraction, punishable by a fine of fifty dollars ($50).
2. A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of an infraction, punishable by: 1. A fine of One Hundred Dollars ($100.00) for a first violation. A fine of Two Hundred Dollars ($200.00) for a second violation within one (1) year. A fine of Five Hundred Dollars ($500.00) for each additional violation within one (1) year.
3. Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct violation.
4. Any person receiving a notice of violation and /or fines for a violation may appeal the violation and/or fine to the Mayor. The Appellant must file a written statement, outlining the reasons that the violation/fine is invalid or should otherwise not be enforced within fifteen (15) days of the violation. The Mayor shall investigate and review the appeal and issue a written determination.
   The Appellant may appeal the Mayor’s determination to the Common Council of the City of Greencastle by filing a written statement within fifteen (15) days of the Mayor’s determination. The Common Council will appoint a three member panel from its members to investigate and review the Appeal. The Common Council review panel shall issue a written determination, which decision shall be final.
   Failure to comply with the above appeals procedure constitutes a waiver of any further rights to appeal.
5. An action to enforce a violation and/or fine may be brought by the City in the court of jurisdiction.

Section 10. Other applicable laws.

This Ordinance shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws or to supersede any local laws which are more restrictive.

Section 11. Chapter to be broadly interpreted.

This Ordinance shall be construed broadly to effectuate the purposes described in the preamble of this ordinance.

Section 12. Severability.

If any section or sentence or provision of this Ordinance, or the application thereof to any person or circumstances shall be declared unconstitutional or invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.

Section 13. Effective Date.

This Ordinance shall be effective September 1, 2007, at 12:00 p.m. (noon).

PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this ____ day of __________________, 2007.

Approved and signed by me this ______ day of _________________, 200 7, at ___________ o'clock ___.m.

(Faculty members at »¨¼¾´«Ã½ have flexible hours and are governed by the Academic Handbook; most instruction at »¨¼¾´«Ã½ is in-person.)  A list of Frequently Asked Questions is also available on the Human Resources website.

Summary

As a residential university centered on providing an exemplary student experience, »¨¼¾´«Ã½ prizes personalized interactions, collaboration, student support, and vibrant campus life arising from the in-person presence of faculty, staff, and students. Therefore, most jobs at »¨¼¾´«Ã½ require staff to be physically present. At the same time, the University recognizes and values that flexible alternatives to traditional work schedules can support the University’s mission and goals and can also be beneficial to staff and the University.

Providing creative work solutions that are of mutual benefit to staff and the University is integral to »¨¼¾´«Ã½’s vision as a great place to live, learn, and work. Based on the needs of specific areas of operation, having flexible work arrangements may be beneficial for:

• Employee wellbeing by helping employees balance work and personal responsibilities; reducing stress; enhancing staff morale and job satisfaction; and easing the financial and time constraints of commuting.  

• Diversity and equity by increasing the diversity of hiring pools due to providing more flexible work arrangements; supporting financial benefits of staff, including reducing costs of commuting.

• Environmental sustainability by reducing automotive use and energy costs.

• Productivity by reducing turnover, decreasing absences, providing opportunities to expand and adapt service hours, and by providing more flexibility to those who require it due to extenuating circumstances

• Meeting other University goals for enhancing office space arrangements; work effectiveness; and greater use of technology as appropriate for services and work products that can be accomplished and/or delivered remotely. 

Most importantly, a flourishing campus environment depends on effectively managing work arrangements by considering the needs of both employees and the University without sacrificing individual or collective quality of services and work.

Purpose

The purpose of this policy is to provide requirements, guidelines, and considerations to help supervisors and staff understand and implement Flexible Work Arrangements, where and when feasible, to maximize benefits and avoid potential issues.

Policy Statement

At »¨¼¾´«Ã½, a Flexible Work Arrangement is an alternative arrangement or schedule to a typical work day or week. For consistency of service and support to students and colleagues, official administrative office hours are Monday through Friday from 8 a.m. to 5 p.m., when most department and program offices are required to be open. Although not every position at »¨¼¾´«Ã½ lends itself to remote work, many positions lend themselves to alternative or flexible/temporary schedules.

Definitions

• Alternative Schedule: permits an employee’s regular work schedule to vary from official office hours, while still working the same number of required hours. For example: an employee whose normal schedule is 7:00 a.m. to 4:00 p.m. instead of 8:00 to 5:00 or another who typically works evenings or weekends. Supervisors should ensure the staff member’s wellbeing in supporting alternative schedules (i.e., allow adequate time for lunch or breaks).  

• Temporary Arrangements: allow adjustments in schedule to offset the weekend and/or after-hours work necessary for some positions, or short-term adjustments for occasional instances necessary for a temporary circumstance (i.e., urgent situations, home appointments, etc.)

• Fully Remote and Hybrid Remote Work Arrangements: Remote work arrangements, also known as telecommuting or telework, involve working from a remote or satellite location either all or part of the time on a regular, defined basis. Regional Employees, defined as those that are required to live in a specific location to complete their work, are separate from this policy.

• Fully Remote: There are a few full-time remote roles at »¨¼¾´«Ã½ for those for whom the nature of their work can be effectively done remotely, and those whose work involves minimal student contact, or arrangements for work on an interim basis.

• Hybrid Remote arrangements are more common and allow staff to maintain in-person interaction with colleagues and students while working from a remote location part of the time.

NOTE: Remote work is not permitted outside of the United States. Tax and other legal implications may exist when working outside of Indiana.

Procedures

Alternative Schedules and Temporary Arrangements

Supervisors are responsible for setting regular working hours and expectations related to office presence and availability. These types of arrangements should be approved by a staff member’s direct supervisor and do not require a written, signed agreement. When business operations permit, and the work of other team members is not compromised, the University encourages supervisors to accommodate staff in these instances.

Remote Work and Hybrid Remote Work

Not all positions are suitable for Hybrid or Fully Remote work. All requests should be considered by supervisors on an individual basis, based on the unique, specific needs of each department and role.

Remote work arrangements may be approved for employees living and working outside the state of Indiana.  However, no remote work arrangements will be approved for employees living and working outside the United States.

General Requirements

• An initial in-person University orientation and a 90-day period of in-person employment is expected for all new employees (but may be waived for Fully Remote positions).

• Hybrid remote arrangements generally should be no more than one day per week.

• Non-student-facing roles may be considered for hybrid remote status beyond one day per week at the discretion of divisional Vice Presidents, based on the unique operating needs of each area.

• Any remote staff must be readily available by telephone, chat, email, and/or other established communication methods during agreed-upon work hours.

• Hybrid remote staff may be asked to share office space on the days or during the hours they are required to be on campus.

• Existing University policies regarding hours, attendance, and leave apply.

• Other than for illness or unavoidable conflict, hybrid remote staff are expected to be present on campus for required meetings and specific days or events that are important in the life of the University, as appropriate for the position, – e.g., orientation, faculty/staff convocation, Reunion or Family Weekends – and should plan their remote work schedules accordingly. 

• Any remote work arrangements may be discontinued at the discretion of the supervisor, the divisional Vice President or the University at any time. Notice of changes will be provided to the employee at least 10 working days prior to effective changes.  Employees who refuse to return to their campus or facility work location may be subject to discipline and/or dismissal under applicable university policies.

 Review Criteria

Although any staff member may request a remote work arrangement, as noted above, not all such requests will be approved. Additionally, a vacant position may be considered for location flexible eligibility.  Each position is reviewed on an individual basis and supervisors should consider the following factors for each:

• Out of State work is complex due to employment laws, taxation rules and data privacy and cybersecurity risks, and other compliance requirements in other states. Supervisors, in consultation with their divisional Vice President, should consult with the HR Office to identify tax or legal implications under IRS, state and local government laws, and/or restrictions of working out of a home-based office. The University may have restrictions for having employees in some states.

• The ability to conduct essential duties remotely with no impairment in productivity or the ability to meet University and job expectations.

• Offices, departments, and divisions must not experience any reduction in services, especially student-facing services, or quality of work in implementing remote work arrangements.

• The remote work arrangement does not negatively impact the workload or service delivery of other team members in the department or at the university

• Whether the remote location is suitable for performing the assigned duties.

• Whether on-campus office coverage during official University business hours can be maintained without negatively impacting other colleagues.

• The amount of work that requires face-to-face interaction with students, faculty, colleagues, and guests.

• The overall work performance of the employee as determined by the supervisor and, retrospectively, from the employee performance evaluations.

• Whether the request meets critical University goals such as increasing the use of shared office spaces and others.

Requesting and Formalizing Remote Work Agreements

• Staff members who believe their duties and responsibilities can be successfully accomplished through a remote arrangement, and who are interested in exploring such an option, should speak with their supervisor, who will consider whether all or a portion of the position lends itself to working remotely and whether it may benefit the University, the department and the staff member.

• If the direct supervisor determines that the request may be beneficial, an Agreement for Remote Work Arrangement that outlines the terms of the arrangement must be completed and forwarded to the divisional Vice President for consideration.

• If approved by the divisional Vice President, the agreement will be forward to by Human Resources.

Safety

Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. »¨¼¾´«Ã½ will provide each remote worker with a safety checklist. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties are normally covered by the »¨¼¾´«Ã½’s workers’ compensation policy. Remote work employees are responsible for notifying Human Resources of such injuries as soon as practicable. The employee is liable for any injuries sustained by visitors to his or her home worksite.

Meetings with students, co-workers, or others conducting business with the University shall not be held in person in a remote employee’s home.

Time Worked

All remote work employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked using »¨¼¾´«Ã½’s time-keeping system. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the remote worker’s supervisor. Failure to comply with this requirement may result in the immediate termination of the remote work agreement.

Dependent Care

Flexible work arrangements are not a substitute for ongoing dependent or child care; staff must make or maintain such dependent care arrangements during agreed-upon work hours. It is understandable that unplanned dependent care issues may arise during regular work hours on occasion that require adaptation; in these situations, staff and supervisors should work together for a solution.

Outside Business Interests

Staff participating in any remote work should not perform unrelated or outside work – such as for a personal business – during »¨¼¾´«Ã½’s agreed upon office hours.

Equipment, Work Space Accommodations, Computer Usage, and Security

• A remote work environment, whether at home or another location, should be conducive to working effectively and without distractions. Home office furniture and supplies are the responsibility of the employee; however, the University may assist in arranging reasonable accommodations for disabilities, medical conditions, or other special or protected needs.

• An employee’s work location and specific work schedule must be specified in the Remote Work Agreement.

• All remote staff must have reliable internet and phone service, and a satisfactory workspace, maintained at their own expense (some employees, based on job requirements, may be provided a stipend for a cellular phone or internet).

• The employee and department will work together to determine whether an employee has the appropriate equipment and access necessary to perform the job. In most cases, remote workers will be authorized to use »¨¼¾´«Ã½ computer equipment, which should be used exclusively to conduct »¨¼¾´«Ã½ business. »¨¼¾´«Ã½ reserves the right to require that employees working remotely use »¨¼¾´«Ã½ supplied computers. It is recommended that staff use a University-approved laptop for ease of transportation. »¨¼¾´«Ã½ will not supply duplicate equipment for remote work spaces. »¨¼¾´«Ã½ does not provide assistance with the set-up of a remote office. 

• Staff members are responsible for using surge protectors and maintaining software updates and virus protection; the employee will incur costs for damages or repairs caused by failure to maintain and protect equipment.

• The University will reimburse employees for travel between the employee’s work location and campus if the distance exceeds a 60 –mile radius and such reimbursement arrangement is specifically authorized within the employee’s remote work agreement.  Departments are responsible for funding such reimbursement.

• Security and confidentiality for all remote staff are the same for all work locations. Restricted or confidential material should not be removed from the campus worksite unless approved in advance.

• Use of computing equipment from remote locations must conform to »¨¼¾´«Ã½’s Electronic Communications and Acceptable Use Policy.

• All records, documents, and correspondence, either in paper or electronic form must be safeguarded and protected for privacy and confidentiality.

• The University is not liable for damages to the employee’s property that may result from participating in remote work.

Evaluation

Supervisors are encouraged to review the arrangement for effectiveness after the first three months and are required to review remote work arrangements annually as part of the employee’s evaluation process; a remote staff member’s performance must meet or exceed job requirements.  

Summer Hours are recognized by administrative offices for a 12-week period during the summer. During this period, hourly employees who have a normal work schedule of 37.5 hours per week during the academic year will change their normal work schedule to 35 hours per week or seven (7) hours per day. The Vice President for Finance and Administration will distribute a memorandum annually to each department indicating the summer hours schedule.

Purpose

The University recognizes that the summer months are a time that faculty, staff and students can leverage to support a healthy work/life balance. Closing University Offices early on Fridays in the summer months allows employees to accomplish their work activities and project goals while also providing an opportunity for more time for the people and activities they enjoy.

Policy

University offices will officially close at noon each Friday in the summer, usually beginning the Friday after commencement through the last Friday of July, as communicated in the posted annual holiday schedule.

Eligibility

Staff employees in a full-time, benefit-eligible position, and whose normal full-time work schedule extends through the summer months may participate in this Paid Time Off program during their normal work schedule.  Part-time employees are not eligible for the PTO program, but are not expected to work when the University is closed.  Part-time employees should work with their supervisors regarding their work week schedules.

To be eligible to be paid for the Summer Friday PTO, employees cannot have an unexcused absence the last scheduled day before this day, or the following scheduled work day.

Compensation

Compensation for the ½ day Summer Fridays will be based on an employee’s regularly scheduled hours per day (i.e.: 3.5 hours for normal 7.0 hours per day, 4 hours for normal 8.0 hours per day).  Employees should not schedule lunch breaks before the end of the half day. 

Hourly paid employees should use the pay code SMRF to report these hours. SMRF time cannot be carried over from week-to-week, unless pre-approved by Human Resources as an alternative. 

Vacation and Sick Time

Employees may, with supervisor approval, use a ½ day vacation, if available, in addition to the ½ day SMRF in order to have the whole day off.

Employees who are out sick during a Summer Friday will record the entire day as sick time as normal, and SMRF will not apply.

 Operational Needs

As with all University closure periods, we recognize that several departments will have activities, service requirements, or varying shift schedules in the summer and therefore, will need to continue to have their offices fully operational and staffed during these times. In these cases, the Office of Human Resources will work closely with the departmental supervisors to determine possible alternative weekly SMRF options.

Time cards are official documents. When completing them the following guidelines should be used:
1. Record all hours for which compensation is to be received.

2. Record hours in quarter-hour increments using decimal form rather than fractions (i.e., .25, .50, .75).

3. The employee and supervisor must both approve the time card. Supervisors should not approve a blank or incomplete time card.

4. Submit time cards to the payroll office by the due date specified in the biweekly pay schedule distributed by that department. The payroll manager will send an e-mail message if time cards are due earlier than specified in the schedule.

Completing the Time Card for Full-time Employees whose Normal Hours per Day equal seven and one-half (7.50):

Regular: Record time worked and paid holidays up to your normal hours per day.

O/T Premium: Record time worked over 40 hours per week.

Vacation: Record vacation time taken up to your normal hours per day. Time taken cannot exceed the vacation balance available as specified on the on-line Time Card.

Sick: Record sick time taken up to your normal hours per day. Time taken cannot exceed the sick time balance available as specified on the on-line Time Card.

Personal: Record personal time taken up to your normal hours per day. Time taken cannot exceed the personal time balance available as specified on the on-line Time Card.

Other: Record time off for jury duty, bereavement leave, civic duty, voting, wage continuance for pregnancy and/or delivery and any other time for which pay is to be issued. Identify time on the time card in the drop down window.

Completing the Time Card for Full-time Employees whose Normal Hours per Day equal eight (8.00):

Regular: Record time worked and paid holidays up to your normal hours per day.

O/T Premium: Record time worked over 40 hours per week.

Vacation: Record vacation time taken up to your normal hours per day. Time taken cannot exceed the vacation balance available as specified on the on-line Time Card.

Sick: Record sick time taken up to your normal hours per day. Time taken cannot exceed the sick time balance available as specified on the on-line Time Card.

Personal: Record personal time taken up to your normal hours per day. Time taken cannot exceed the personal time balance available as specified on the on-line Time Card.

Other: Record time off for jury duty, bereavement leave, civic duty, voting, wage continuance for pregnancy and/or delivery and any other time for which pay is to be issued. Identify time on the time card in the drop-down window.

Completing the Time Card for Part-time, Temporary, and On-call Employees:
In the appropriate sections of the time card enter the following information:

• Print the name of the employee.
• Print the name of the department.
• Specify the biweekly pay period.
• Enter the date worked (i.e., 9/20/99) on the appropriate day of the week (i.e., Sun, Mon, etc.).
• Enter the total hours worked each day.
• Summarize total hours worked in the Summary Totals section of the time card.
• Enter the employee’s hourly rate.
• Calculate the total amount of pay due and enter in the Summary Total section of the time card.

Tuition Exchange (TE) is a reciprocal scholarship program involving a consortium of more than 650 colleges and universities which agree to sponsor an established number of employee children as prospective candidates for TE scholarships at other participating institutions, while also agreeing to host an equal number of students on their campuses. The receiving school determines the amount of the scholarship award, not »¨¼¾´«Ã½ or Tuition Exchange..

Information about the Tuition Exchange Program can be found online at .

The following guidelines are applicable to »¨¼¾´«Ã½ employees who would like to participate in the Tuition Exchange.

Eligible Employee:

Employees are considered eligible for this benefit upon completion of two (2) years of continuous full-time, benefit status employment. The two-year waiting period may be waived only if the following conditions are met:

• The new employee was receiving a similar tuition benefit at the institution where he/she was employed prior to being employed by »¨¼¾´«Ã½, and

• The employee submits documentation to the Office of Human Resources at »¨¼¾´«Ã½ from the institution at which he/she was employed describing the tuition benefit received, and

• All other eligibility requirements outlined in this policy are met. 

Eligible Dependents:

A dependent child of a full-time benefit eligible employee who has met the two-year continuous employment requirement is considered eligible for the TE program. Eligibility is meant to extend to natural children, legally adopted children and step-children (married or unmarried). Dependent children shall be those defined by the dependent support test rules of the Internal Revenue Code of the United States of America. Eligibility does not extend to foreign exchange students, foster children or married children’s spouses or children.

In determining eligibility for the TE benefit, the student must apply for all state and/or federal aid for which he/she may be eligible. 

Candidate

Defined as the dependent child of an eligible employee who has been certified (sponsored) by »¨¼¾´«Ã½ for full time degree study at a college or university that participates in the Tuition Exchange program. Scholarships are not granted for graduate study, non-degree study, part-time study, or second undergraduate degrees.

Liaison Officer

»¨¼¾´«Ã½’s Tuition Exchange Liaison Officer is Bruce Burking, Manager of Safety and Risk Management Services, Office of Human Resources.

Application Submission

Applications will only be considered for dependent children who will be attending a member institution for the following academic year. In order for applications to be considered, a completed Tuition Exchange Form must be submitted online on the Tuition Exchange.org website no later than 5:00 p.m. on the application deadline date. Applications received past the deadline may not be considered with the pool of prospective candidates.

If the number of applications received exceeds the number of slots which »¨¼¾´«Ã½ is willing to sponsor for the respective academic year, prospective candidates will be selected as follows:

1. First priority will be given to students who have already been enrolled in a member institution and who are currently holding a TE scholarship. The student holding a TE scholarship must report to the Liaison Officer at the end of the spring term indicating plans for the following year if the student intends to withdraw from the institution or transfer to another institution.

2. Second priority will be given to prospective candidates based upon employment seniority of the employee up to the limit on the number of certified students selected by »¨¼¾´«Ã½. Seniority is based upon years of continuous full-time service at »¨¼¾´«Ã½. In the event prospective candidates have equal seniority, ranking will be based on the date of submission of the application. A lottery system will be implemented in the case of employees with equal seniority submitting an application on the same date.

Alternates who are not selected may reapply for a TE scholarship for the following academic year in accordance with the priority ranking described above.

Full-time, benefit status employees are eligible for Tuition Remission for their spouse and dependent children pursuing an initial undergraduate degree under the following terms and conditions:

1. Employees hired after December 31, 1995 are considered eligible for this benefit only upon the completion of two years of continuous full-time, benefit status employment. The two-year waiting period may only be waived if the following conditions are met:
   Employees who are considered initially eligible for the benefit can apply and have the benefit effective for the Academic Semester in which the completion of two years of continuous full-time, benefit status employment is achieved.

   1. The new employee was receiving a similar tuition benefit at the institution where he/she was employed prior to being employed by »¨¼¾´«Ã½, and

   2. The employee submits documentation to the Office of Human Resources at »¨¼¾´«Ã½ from the institution at which he/she was employed describing the tuition benefit received, and

   3. All other eligibility requirements outlined in this policy are met.

2. Employees who are considered initially eligible for the benefit can apply and have the benefit effective for the Academic Semester in which the completion of two years of continuous full-time, benefit status employment is achieved.

3. This benefit covers tuition charges and audit fees. Fees not covered by this benefit include but are not limited to room and board fees, health service fees, student activity fees, information system fees, additional course fees, all off campus study fees (including tuition and fees for Tier 4 off campus study programs), lab fees, books and supplies.

4. A spouse or dependent child working toward an initial bachelor’s degree is eligible for Tuition Remission with course credit. A spouse or dependent who already has a bachelor’s degree is not eligible for Tuition Remission with course credit unless the class is in the education department.

5. A spouse or dependent child, including one with a bachelor’s degree, may audit a course for no course credit.

6. A spouse of an employee hired after July 1, 1971 may take courses at »¨¼¾´«Ã½ on a space available basis provided the course would be offered without the spouse’s attendance.

7. A child of an employee hired prior to July 1, 1971 is considered eligible for Tuition Remission at »¨¼¾´«Ã½ or at any post-secondary collegiate institution other than »¨¼¾´«Ã½. Eligibility is meant to extend to natural children, legally adopted children and step children (married or unmarried). Eligibility does not extend to foreign exchange students, foster children or married children’s children.

8. A child of an employee hired after July 1, 1971 is considered eligible for Tuition Remission at »¨¼¾´«Ã½ or any other post-secondary collegiate institution in the Great Lakes College Association (see GLCA below). Eligibility is meant to extend to natural children, legally adopted children and step children (married or unmarried). Dependent children shall be those defined by the dependent support test rules of the Internal Revenue Code of the United States of America. Eligibility does not extend to foreign exchange students, foster children or married children’s spouses or children.

9. This benefit does not apply to independent study courses or applied instruction courses for a non-degree seeking spouse or a non-degree seeking dependent child. Applied instruction courses include but are not limited to group and individual classes for music and dance.

10. Continuation in the Tuition Remission Program is contingent upon making satisfactory academic progress.

11. The tuition benefits described herein are applicable only for resident study for undergraduate work up to eight (8) semesters, twelve (12) quarters, or thirty-one (31) course credits of full-time enrollment or pro-ration of equivalent for periods of part-time enrollment toward an initial bachelor’s degree or associate’s degree. Resident study is defined as regularly attending scheduled classes and is meant to exclude correspondence courses. This benefit is limited to eight (8) semesters of financial assistance from »¨¼¾´«Ã½. Financial assistance includes but is not limited to Tuition Remission and other institutional financial aid.

Further Eligibility Considerations

1. To qualify, an applicant must meet all admission and academic requirements stipulated in the »¨¼¾´«Ã½ Catalog or the Bulletin or Catalog of the school to which application is being made.

2. When both parents are employed by the University, Tuition Remission for a dependent child is available to only one parent.

3. In determining eligibility for tuition benefits, the student must first apply for all state and/or federal aid for which he/she may be eligible.

4. If an eligible employee terminates employment with the University, a spouse or dependent child who has begun the semester receiving this benefit may continue through the semester in which the employee left. If an eligible employee retires (as defined under the University Retirement policy), dies (while in the employ of the University), or is forced to terminate employment due to a medically-certified physical or mental disability which renders the employee permanently unable to meet the essential requirements of their job, that employee’s spouse or dependent child(ren) remain eligible for tuition remission benefits. Such child(ren) are also eligible to continue participation in the GLCA Tuition Remission Exchange Program and the Tuition Exchange Program. In the case of children of employees hired prior to July 1, 1971, eligibility also continues for post-secondary institutions other than »¨¼¾´«Ã½, however, the child must file for financial aid assistance at the host institution and file a financial aid form. When financial need has been computed, the difference between any cash award and the amount of the host institution’s tuition will be made up by »¨¼¾´«Ã½; that amount not to exceed the prevailing »¨¼¾´«Ã½ tuition charge.

5. A spouse may continue receiving this benefit only through the semester in which the employee retired, was placed on permanent disability or died.

Tuition Remission Application Procedures for a Spouse

1. A spouse interested in an initial undergraduate degree should apply to the Office of Admission.

2. A non-degree seeking spouse, a spouse with an undergraduate degree, or a spouse working toward teacher certification should apply as a special student through the Office of the Registrar.

3. The »¨¼¾´«Ã½ “Application for Tuition Benefit for Spouse” should be requested from the Office of Human Resources.

4. The Application for Tuition Benefit for Spouse should be completed and returned to the Office of Human Resources for each semester the spouse is enrolled. That office will confirm employee eligibility and follow-up with the Registrar’s Office and the Cash Receipts’ Office.

Tuition Remission Application Procedures for Dependent Children at »¨¼¾´«Ã½

1. A dependent child interested in an initial undergraduate degree should apply to the Office of Admissions of »¨¼¾´«Ã½.

2. A non-degree seeking dependent child, a dependent child with an undergraduate degree, or a dependent child working toward teacher certification should apply as a special student through the Office of the Registrar.

3. Application forms for »¨¼¾´«Ã½ Tuition Remission should be obtained from and filed with the Office of Human Resources. The Office of Human Resources will provide assistance in the completion of the form. The Office of Human Resources will process the form each semester the dependent child is enrolled and, after eligibility determination, will forward it to the Financial Aid Office.

4. The Application for Tuition Remission for Dependent Child should be completed and returned to the Office of Human Resources for each academic year the dependent is enrolled.

5. The Financial Aid Office informs the applicant of the Tuition Remission award and credits the benefit to the Student Account once the Office of Human Resources has verified eligibility.

GLCA Tuition Remission Exchange Program for Dependent Children

»¨¼¾´«Ã½ is a participant in the Tuition Remission Exchange Program as established by the Great Lakes College Association (GLCA). These include:

The following additional terms and conditions (above those generally identified for the »¨¼¾´«Ã½ Tuition Remission Program) apply:

1. The student must be considered a full-time degree seeking candidate at the college to which application is being made.

2. A participation fee must be paid by the student each year. This fee is equal to 10 percent of the mean tuition charge for the schools and is calculated annually by the GLCA. In cases where the employee was employed in a full-time, benefit status position prior to July 1, 1971, »¨¼¾´«Ã½ will pay the student’s participation fee.

GLCA Application Procedures

1. The dependent will choose the school(s) in which there is interest and obtain an application from the Office of Admission for each school selected.

2. The dependent will file the application for admission in the usual way and pay all fees and deposits required with the application process.

3. Admission will be determined through the regular admission process established by the school without regard to the applicant’s potential eligibility for tuition remission.

4. The school(s) to which application is made will notify the applicant of acceptance or non-acceptance in the usual way and at the usual time.

5. After the dependent has received notification of acceptance by the participating school, the “GLCA Tuition Remission Exchange Program Application for Participation” must be obtained from the GLCA.org website, completed, and returned to the Office of Human Resources.

6. The Office of Human Resources will verify eligibility for the GLCA Tuition Remission Exchange Program. The Office of Human Resources will then forward copies of the verified application to the GLCA office and the attending college.

7. The participation fee will be billed by the attending school.

Full-time, benefit status employees are eligible for Tuition Waiver at »¨¼¾´«Ã½ under the following terms and conditions:

1. This benefit covers tuition charges and audit fees. Health service fees, student activity fees, and information system fees will be waived. Fees not covered by this benefit include but are not limited to additional course fees, lab fees, books and supplies.
2. Tuition Waiver applies to one class registration per semester not to exceed one course credit.
3. Registration is allowed on a space available basis.
4. An employee is eligible for Tuition Waiver with course credit or may audit a course for no course credit regardless of the degree(s) held.
5. Due to the time commitment associated with the professional semester, this policy must exclude supporting the student teaching portion of the teacher certification program.
6. Independent study courses and applied instruction courses are excluded from this benefit. Applied instruction courses include but are not limited to group and individual classes for music and dance.
7. Continuation in the Tuition Waiver Program is contingent on making satisfactory academic progress.

Eligibility Criteria

1. An employee is eligible for the Tuition Waiver benefit upon full-time, benefit status employment. If the employee becomes eligible after the course registration period is completed, eligibility for Tuition Waiver will begin the following semester. The dates of each course registration period are available from the Office of the Registrar.
2. The employee’s supervisor will approve or deny the request for Tuition Waiver based upon the ability to release the employee from job responsibilities during regular working hours.
3. Time missed from work to attend class must be made up unless the course is job related and is taken at the request of the employee’s supervisor. Time missed from work must be made up within the same work week. The hourly employee’s time report must reflect actual hours worked per day.

Procedures

1. An employee interested in Tuition Waiver must request an “Application for Tuition Waiver” from the Office of Human Resources. This form must be completed by the employee and the employee’s supervisor and then returned to the Office of Human Resources prior to registration.
2. The Office of Human Resources will verify eligibility for Tuition Waiver and process the application.
3. If the employee is eligible for Tuition Waiver, one copy of the approved application will be forwarded to each of the following: Office of the Registrar, Cash Receipts Office.
4. If the employee is not eligible for Tuition Waiver, the Office of Human Resources will notify the employee.
5. An employee seeking a »¨¼¾´«Ã½ degree should apply to the Office of Admission.
6. A non-degree seeking employee (including an employee working towards a teacher certification) should apply as a special student to the Office of the Registrar.
7. After notification of approval for Tuition Waiver, the employee must register for the course with the Office of the Registrar during the dates specified by that office and before the last day to drop or add a class. The dates of each course registration period are available from the Office of the Registrar.
8. If an employee registered under this benefit withdraws from a course, the employee must notify the Office of the Registrar in writing of the withdrawal. The Office of the Registrar will end a copy of the withdrawal notice to the Cash Receipts Office and the Office of Human Resources. If the employee fails to properly withdraw from the course, the employee will be invoiced for the full tuition for the course.

Vacation Guidelines for Full Time, Benefit Eligible, Hourly Employees

Full-time, benefit eligible hourly employees accrue vacation according to the following schedule:

Vacation benefits are subject to the following:

1. Employees must request the use of vacation through their supervisor. Vacation time will be granted at the supervisor’s discretion.
2. Employees may use vacation time as it is earned.
3. Employees are not required to complete a 90-day probationary period before vacation time may be taken.
4. Employees may only use vacation at a time when they are normally scheduled to work.
5. Employees may use vacation in quarter-hour increments.
6. Employees will be discouraged from requesting more than 10 consecutive days of vacation. Operational needs of the department or University may preclude scheduling of vacation during peak work periods.
7. Seniority may be used as a preference factor in scheduling vacations.
8. When employees reach their maximum vacation accrual, pay period accruals are discontinued until vacation time has been taken to reduce the vacation balance.
9. At separation of employment (retirement or termination), vacation time accrued but not taken will be paid. However, there will be no payment issued for sick time accrued but not taken.
10. Vacation time paid out does not constitute extension of the employment date.  Employment is terminated effective the last day worked.

Vacation Guidelines for Full Time, Benefit Eligible, Salaried, Non-Faculty Employees

Full-time, benefit eligible, salaried non-faculty employees receive up to 20 days vacation per fiscal year (July-June)  The days will be prorated if employment is a position less than 12 months per fiscal year.  In the first year of employment, salaried employees will receive a vacation allotment prorated based upon their date of hire. Salaried employees terminating employment will receive pay for vacation days not taken based on the number of days that would have been earned up to the date of termination minus any vacation days already taken.

The actual number of vacation days earned will be prorated at a rate of 1.67 days per month when an employee (1) works less than a twelve (12) month schedule, (2) begins employment after July 1 (beginning of the fiscal year), or (3) terminates employment prior to June 30 (end of the fiscal year).

Vacation days are to be taken during the fiscal year in which they are earned.  Vacation days are not to be carried over to the next fiscal year nor will pay be issued in lieu of days not taken at the end of the fiscal year.  Exceptions to this practice are to be permitted only under circumstances where needs of the department and/or University have prevented the supervisor from approving use of requested vacation time during the fiscal year in which the days were earned and must be approved by the Vice President for the respective division.

Vacation benefits are subject to the following:

1. Employees must request the use of vacation through their supervisor. Vacation time will be granted at the supervisor’s discretion.
2. Employees may use vacation time beginning each fiscal year (July 1 – June 30).
3. Employees are not required to complete a 90-day probationary period before vacation time may be taken.
4. Employees may only use vacation at a time when they are normally scheduled to work.
5. Employees will be discouraged from requesting more than 10 consecutive days of vacation. Operational needs of the department or University may preclude scheduling of vacation during peak work periods.
6. Seniority may be used as a preference factor in scheduling vacations.
7. At separation of employment (retirement or termination), available vacation time not taken will be paid. If the employee terminates employment prior to the end of the fiscal year, the vacation days earned will be prorated based on the actual time worked during the fiscal year minus the number of vacation days taken up to termination.  For example, if the employee worked July 1 of the new fiscal year and terminated employment on December 31 of that fiscal year, the vacation days earned for that current fiscal year would be ten (10).  This is based on the accrual of 1.67 days per month (20 days/12 months).  If the employee has taken any days of vacation prior to the termination during that fiscal year, these would be subtracted from the ten available and the remainder will be paid at termination.
8. Vacation time paid out does not constitute extension of the employment date.  Employment is terminated effective the last day worked.  If employee is retirement eligible see Employee Guide, Retirement Policy

Years of Service refers to years of continuous full-time employment.
Normal Pay Period Hours are those hours regularly scheduled for the position.
Pay Period Accrual Factor is determined by years of continuous full-time employment and normal pay period hours. The actual amount of vacation accrued is calculated at the end of each pay period. If the pay period hours reported are less than the normal pay period hours as indicated in the vacation schedule, accruals will be prorated based upon actual hours reported. If no paid time is reported for a pay period, no vacation will be accrued for that period. Employees will have an adjustment to their pay period accrual factor during the pay period in which their third (3rd) and fourteenth (14th) anniversary dates of employment occur. The anniversary date is determined by the date of hire that reflects full-time, benefit status employment.
Annual Entitlement applies to individuals employed in 12-month positions. Annual entitlement will be prorated for those employees whose work schedule is less than 12 months (i.e., 11 months, 10 months, 9 ½ months). The approximate prorated annual entitlement is calculated by multiplying the normal pay period accrual factor by the number of pays per fiscal year. An individual employed in a 9 ½ month position is scheduled to receive 20.5 pays per fiscal year. An individual employed in a 10-month position is scheduled to receive 21.5 pays per year.
The actual number of pays per fiscal year may vary for employees in their first year of employment and for employees who have a change in employment status during the fiscal year.
Annual entitlement will also be affected when an employee reports less than the normal pay period hours indicated above or does not report any paid time during a pay period.
An example of prorated accruals follows: An employee with less than 2 years of full-time service holds a 10 month position with 75 normal pay period hours (calculated as 43 weeks or 21.5 pays per fiscal year). This employee accrues 2.88 hours of vacation per pay period times 21.5 pays which equals 61.92 hours of vacation.
The Maximum Accrual for vacation is approximately one and one-half times the normal annual entitlement. The maximum accrual for sick time is 120 days times normal hours per day. The maximum accrual for vacation or sick time is not prorated for positions with less than a 12-month schedule.

In accordance with Indiana’s Worker’s Compensation law and regulations, the University’s contracted Worker’s Compensation insurance carrier pays medical expenses related to a work-related injury or illness when a compensable injury or illness occurs. As provided by the law, the insurance carrier and the employer have the right to choose the medical provider who will provide treatment.

In addition, as required by Indiana’s Worker’s Compensation law, our carrier provides income compensation benefits after an employee has been absent from work for seven (7) calendar days. Income compensation is paid at 2/3 of the employee’s normal pay (up to the maximum required by Indiana law). More specifically:

1. The University, although not required to do so by law, pays the wage or salary for the day of the accident/incident if the employee must leave the workstation for medical attention. The next calendar day is considered day one (1). The University, again voluntarily, will pay the wage or salary at full pay for absences ordered by the Workers Compensation physician that occur on regularly scheduled work days during the first seven calendar days following the accident/incident. The payment received during these seven calendar days is not deducted from accumulated sick, personal or vacation time unless the insurance carrier later determines that the claim does not qualify under the Indiana Worker’s Compensation regulations.
2. The insurance carrier’s coverage for income compensation begins, in accordance with the Indiana Worker’s Compensation law, on the eighth (8th) full calendar day of absence. Compensation will be paid at 2/3 of the normal work day pay. The University will permit employees to choose to supplement the remaining 1/3 of each work day with available sick leave, Salary Compensation coverage, personal time and/or vacation time at the employee’s discretion. The use of paid time is not required by the employee, however, the decision not to use paid time will have implications for the continuation of the employee’s benefits (see #4 below).
3. If the absences extend beyond twenty-one (21) calendar days, the insurance carrier will, as required by Indiana Worker’s Compensation law, pay the employee for the regularly scheduled work days during the first seven (7) calendar days of the absence. The carrier will pay at 2/3 of the normal pay for each work day. Since the University will have already paid the employee for these same work days at full pay, the employee must agree to and will be required to sign over the check from the insurance carrier to the University so that the employee is not overcompensated for loss time during the first seven (7) calendar days of absence.
4. The University provides the benefit to its employees of allowing them to supplement the Worker’s Compensation payments received from the insurance carrier with available sick leave, Salary Compensation leave, personal time and/or vacation time in increments (1/3 of a normal work day’s pay) that will allow their total compensation to equal their normal pay. As covered in #2 above, this is a voluntary choice on the part of the employee and is not a requirement. However, it is important for the employee to note that the supplemental paychecks from the University generated by the voluntary decision to use available paid leave to supplement the insurance carrier compensation will permit the University to make deductions for the employee’s share of health insurance premiums, deductions for retirement plan contributions, and will allow the payroll system to continue to credit accrual of vacation and sick time for hourly employees. If the employee chooses not to supplement the insurance carrier compensation or if the employee exhausts all available leave time, the employee’s contributions for retirement and the hourly employee’s accrual of vacation and sick leave time will cease until such time as the employee returns to pay status. Health insurance benefits will continue for the duration of the Worker’s Compensation leave but the employee will need to make arrangements with Human Resources and the Cash Receipts office to pay the employee’s share of health insurance premiums directly to the University each month. Should arrangements not be made and followed through upon by the employee for payment of the insurance premiums, insurance coverage may be terminated.
5. If the injury/illness sustained by the employee results in a temporary partial disability (i.e., places restrictions on the employee which will allow the employee to work full-time or part-time with light duty or part-time with no other restrictions and results in reduction in the normal pay of the employee), all of the considerations listed above will still apply with the exception that the regular paycheck received by the employee from the University will address the issues outlined in #4 above, even if the employee chooses not to supplement the remaining compensation loss (and not covered by the insurance carrier) with available paid leave time.

The safety and well-being of employees is of primary concern. The University recognizes the importance of employee safety and accident prevention procedures as an essential part of an efficient, productive and quality operation. Your safety awareness on the job, including safe work habits, is our key to a good safety program. Violation of these or other safety rules will result in discipline, up to and including termination. Following is a list of “general” conduct that is prohibited to ensure the safety of University employees. Departments may issue more detailed safety rules as well.

1. Injuring other people or damaging equipment, tools, materials, or supplies maliciously or through carelessness or negligence.
2. Operating machines or equipment after the removal of safety devices, regulators or guards.
3. Fighting, running, playing practical jokes, throwing things, pushing people, making threats, or other obvious menaces to the safety of other workers.
4. Serious violation of established sanitary rules and regulations.
5. Unauthorized possession of any weapons (including, but not limited to, firearms, knives, explosives) on University premises.
6. Smoking in unauthorized areas of the University or violation of other fire regulations.
7. Failing to use required personal safety equipment (safety glasses, ear plugs, respirators, gloves, etc.).

Reporting Accidents

Employees must report all job-related injuries and illnesses to their supervisors immediately. Do not ignore small scratches or cuts, burns, bruises or abrasions – these should be treated at once. Failure to report an injury in a timely manner could jeopardize an employee’s workers compensation claims rights.

1. Report the accident to your supervisor immediately. If your supervisor is not available, report to the next responsible person or directly to the Office of Human Resources or »¨¼¾´«Ã½ Police Department.
2. Upon making a report, the employee will be instructed to fill out a First Report of Injury (except in cases of emergencies when the Report will be filled out at the earliest opportunity after emergency aid has been rendered).
3. The employee will be directed to a physician contracted by the University to provide Workers Compensation covered treatment or to the closest available hospital emergency room.
4. When assisting other injured employees, take care not to risk aggravating an injury through ill-advised attempts at treatment. In cases of emergency, call 911 or the »¨¼¾´«Ã½ Police Department.
5. If an injury or illness requires treatment after the end of the work day, first attempt to contact the Office of Human Resources so that an attempt can be made to make an appointment with the contracted physician. If the Office of Human Resources is closed and the situation is not an emergency, the employee should wait until the next work day and make the contact. If the situation is an emergency, the employee should go to the nearest hospital emergency room.

Employment, under the Fair Labor Standards Act (FLSA), is broadly defined to include all hours that an employee is “suffered or permitted to work” for the employer. Hourly employees are required to accurately record the actual hours worked each day on their own time card. Paid time off benefits must also be recorded on the time card. Paid time off benefits include but are not limited to: vacation time, sick time, holidays, personal time, compensatory time taken, bereavement leave, jury duty, and wage continuance for pregnancy and/or delivery.