| College
Policies
Chapter
Five
The
policies described in this section apply to all faculty and staff
of The University of Virginia's College at Wise.
|
5.1
NON-DISCRIMINATION POLICY
Consistent
with federal and state law, the College does not discriminate
in any of its programs, procedures, or
practices on the basis of age, color, disability, national or
ethnic origin, political affiliation, race, religion, sex
(including pregnancy), sexual orientation, or veteran status..
The College operates equal opportunity and
affirmative action programs for faculty, staff, and students.
UVa-Wise is an Equal Opportunity/Affirmative Action
Employer.
The
Office of Human Resources is responsible for the enforcement of
the College's non-discrimination obligation.
A faculty member, staff employee or student having a complaint
of prohibited discrimination may
file a discrimination complaint with Connie Hope, Equal Opportunity
Officer, Resource Center , Room
102, UVa-Wise, 1 College Ave. , Wise , VA 24293 , telephone 276-328-0240
or directly to the
Office of Equal Opportunity Programs, The University of Virginia,
PO Box 400219 , Charlottesville,VA
22904-4219 , telephone 434-924-3200. Complaints are to be submitted
in accordance with and are subject to the standards of the “ University
of Virginia Discrimination Complaint Procedures
.”
The
Section 504 Coordinator and the College's Americans with Disabilities
Act (ADA) Coordinator is Narda Porter, Zehmer Hall, UVa-Wise,
Wise , Virginia 24293 , 276-328-0177. Students, faculty, and staff
may direct questions and concerns regarding accommodations for
persons with disabilities to the ADA Coordinator.
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5.2
EQUAL EMPLOYMENT OPPORTUNITY POLICY
Consistent
with federal and state law, it is the policy of The University
of Virginia's College at Wise not to discriminate in the administration
of any of its educational programs or activities, or with respect
to admission or employment, on the basis of age, color, disability,
national or ethnic origin,
political affiliation, race, religion, sex (including pregnancy),
sexual orientation or veteran status.
The College follows the University of Virginia 's affirmative
action and equal opportunity programs
for faculty, staff, and students consistent with resolutions of
the Board of Visitors and with
federal and state requirements.
To
carry out this policy, the College takes affirmative action to
ensure that all applicants for employment,
and all College employees are considered equitably in personnel
actions such as hiring,
compensation, benefits, transfer, promotion, demotion, layoff,
return from layoff, and training
and apprenticeship programs.
The
University has specific policies and procedures to implement this
general policy. The Policy on
Discriminatory Harassment states that such harassment in any form
is unacceptable behavior and
will not be tolerated. The Discrimination Complaint Procedures
are available to any faculty member,
staff employee, or student having a complaint of prohibited discrimination.
A
complainant may file a discrimination complaint with the Equal
Opportunity Officer. The Human Resources
Office is responsible for the enforcement of the College's non-discrimination
obligation, including
dissemination of the policy. The College is committed to equal
opportunity and affirmative action.
A copy of the Equal Opportunity Plans, including the Equal Employment
Opportunity Policy, the
Non-Discrimination Policy, the Policy on Discriminatory Harassment,
and the Discrimination Complaint
Procedures, is available for review in the Human Resources Office,
Resource Center , UVa-Wise,
1 College Ave. , Wise , VA 24293 , 276-328-0240.
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5.3
DISCRIMINATORY HARASSMENT
As
an employer and institution of higher learning, UVA-Wise seeks
to discharge its legal responsibilities and
serve its diverse and talented community through fair and responsible
application of this Policy. This Policy
does not allow curtailment of censorship of constitutionally protected
expression, nor does it attempt to
address behaviors that do not constitute discriminatory harassment.
Offensive workplace behavior that does
not violate this Policy should be addressed by the appropriate
supervisor or office.
5.3.1
Definition
Discriminatory
harassment is contrary to College policy and may also be illegal.
The College defines discriminatory
harassment as:
-
Conduct that conditions a person's employment, enrollment
as a student, or participation in College activities on that
person's age, color, disability, sex (including pregnancy),
national or ethnic origin, political affiliation, race, religion,
sexual orientation, or veteran status, unless otherwise permitted
or required by applicable law; or
- Employment
or academic decisions made in retaliation for a person's unwillingness
to submit to such conduct,
or benefits or privileges provided as a result of such submission;
or
- Conduct
of any type (oral, written, graphic or physical) directed
against a person because of his or her age, color, disability,
sex (including pregnancy), national or ethnic origin, political
affiliation, race, religion, sexual orientation, veteran status,
or participation in a College, state, or federal discrimination
investigation AND which also unreasonably interferes with
the person's work or academic performance or
participation in University activities, or creates a working
or learning environment that a reasonable person
would find threatening or intimidating.
A
person must be in a position of authority to act on behalf of
the College (for example, a supervisor with respect to an employee,
or a faculty member with respect to a student) for parts 1 or
2 above to be applicable. Part 3, however, does not require
that a person misuse College-delegated authority, and applies
whenever such conduct by any person while on College grounds
or during College activities interferes with work or academic
performance or participation in College activities, or creates
a working or learning
environment that would be threatening or intimidating to any
reasonable person under the same
circumstances. Nothing herein overrides existing College policy,
or circumscribes the authority of
the
College to establish policy that is not otherwise contrary to
law.
5.3.2
Responding to Harassment
If
you believe you are experiencing treatment that violates this
Policy, you may take the following steps:
- If
possible, clearly tell the harasser to stop. Make a note of
what happened, what you did, and when.
- If
you cannot or do not wish to confront the harasser, or your
efforts did not stop the conduct, you may
contact your supervisor, the department chair, or a faculty
advisor for help.
- You
may also contact the Office of Equal Opportunity Programs
at any time whether or not you have taken
the above steps. EOP is the office responsible for receiving
and addressing discriminatory harassment complaints. You may
seek informal help or information from EOP, or you may file
a formal complaint.
Information on the complaint process is provided below.
- Regardless
of whether you have done any of the above, you may contact
a state or federal office authorized
to receive complaints of discrimination. EOP can provide information
on how to contact these
offices.
Note
: The University maintains a fair and responsive method
for reporting and addressing complaints of
discrimination, but your assistance is critical to helping the
University learn of and address problem behavior.
5.3.3
Supervisor Responsibilities
Supervisors
are responsible for communicating the College's Policy on Discriminatory
Harassment to employees, and for taking action when they observe
or hear of incidents that may violate this Policy. A supervisor
must:
- Be
receptive and open to concerns of harassment. Know and be
able to explain the College's policy
and employees' or students' options.
- Take
action suitable to the circumstances, which may include among
other things, talking to persons
involved or witnesses, examining other evidence, or arranging
for training.
- Contact
EOP for assistance or to refer matters that have not been
resolved.
- Make
sure that persons who have raised concerns of discriminatory
harassment in good faith
are not subject to retaliation.
- Monitor
situations that have been addressed, and follow-up if necessary.
Note:
Supervisors who do not appropriately handle reports
or incidents of discriminatory harassment, or do not refer them
to EOP, will be subject to disciplinary action.
5.3.4
Formal Complaint Process
Formal
complaints of discriminatory harassment may be filed with the
Office of Equal Opportunity Programs. EOP's procedures for processing
harassment complaints are described in the brochure entitled
“Discrimination of Complaint Procedures,” which is also available
on the website at www.virginia.edu/eop/
EOP
requires that complaints be in writing and made within 300 days
of the last allegedly discriminatory action, but both requirements
may be waived at EOP's discretion under appropriate circumstances.
EOP
will:
- Respond
to every complaint of discriminatory harassment;
- If
investigations are conducted, act impartially considering
the interests of all parties;
- To
the extent practicable, protect the privacy of all parties
and the confidential nature of the complaint; and
- In
the case of formal complaints that are not resolved through
negotiation, issue a report to both parties, the Chancellor
and the relevant Vice Chancellor containing findings and conclusions,
and recommending appropriate actions depending upon the circumstances.
5.3.5
Remedies
If
it is determined that discriminatory harassment is occurring
or has occurred, the University may take any or all of the following
actions: making sure that the discriminatory conduct stops;
imposing disciplinary action up to and including termination
of employment or dismissal from the University; other corrective
action such as counseling or training; and steps such as reinstatement,
hiring, reassignment, promotion, training, back pay or other
benefits as are necessary.
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5.4
CONFLICT OF INTEREST POLICY
Faculty
members are public officials whose professional activities may
create situations in which their private or personal interests
are potentially in opposition to their official responsibilities.
A faculty member must be sensitive to the potential for conflict
of interest situations and act in a manner to minimize their effects.
As
a matter of state law and College policy, it is the responsibility
of faculty members to avoid being in a position of authority over
a spouse, a member of the immediate family or an individual sharing
the same household who also is employed by the College. A faculty
member and his or her spouse or another member of the immediate
family may both be employed by the College, so long as the faculty
member does not exercise any control over the employment conditions
and activities (such as initial appointment, retention, promotion,
tenure, salary, leave of absence, grievance advantage) of the
spouse or relative. Furthermore, the state Conflict of Interests
Act permits dual employment of spouses or other immediate family
members, in the following limited circumstances: (a) if both the
employee and the family member are in teaching, research, or administrative
support positions; (b) if the Board of Visitors finds that it
is in the best interests of the institution and the Commonwealth
for such dual employment to exist; and (c) if the Board of Visitors
ensures that neither the employee nor the family member supervises,
evaluates, or otherwise participates in personnel decisions regarding
the other.
As
a matter of sound judgment and professional ethics (see Section
4.10.2), faculty members have a responsibility to avoid any apparent
or actual conflict between their professional responsibilities
and personal interests in terms of their dealings or relationships
with students. It is the responsibility of faculty members to
avoid being placed in a position of authority - by virtue of their
specific teaching, research, or administrative assignments - over
their spouses or other immediate family members who are students
at the College. It is also the responsibility of faculty members
to avoid engaging in sexual relationships with or making sexual
overtures to students over whom they are in a position of authority
by virtue of their specific teaching, research, or administrative
assignments. In this context, the term "faculty members"
broadly includes all full-time and part-time College personnel
who hold positions on the academic or general faculty, as well
as all teaching fellows, graders, and coaches. These professional
constraints derive from AAUP ethical standards and the College's
policy prohibiting conflict of interests, in order to ensure that
the evaluation of students is conducted fairly and without any
perception of favoritism or bias. Equally compelling is the interest
in avoiding potential harm to students as well as the liability
that could occur, for example, if facts regarding a sexual relationship
or sexual overture are demonstrated that support a legal claim
of sexual harassment by either party. (See Section 5.3).
The
Conflict of Interests Act also currently contains other pertinent
provisions. For example, a College employee may be allowed to
have a contract with another state agency if the contract is awarded
through a competitive process and the employee discloses the employee's
personal interest in such a contract to the administrative head
of that agency. Except under extraordinary circumstances, the
College does not buy goods or services from faculty or staff members.
Should an occasion arise where such a purchase appears to be in
the best interest of the College, the department should contact
the Vice Chancellor for Finance and Government Relations and the
Provost. An employee is prohibited from soliciting or accepting
money or any other item of value for performing official duties,
except the compensation or expenses paid by the College. Under
the Act, an employee of the College may not use for his own economic
benefit confidential information not available to the public and
acquired by reason of his/her position.
In
accordance with the Act and the Ethics in Public Contracting section
of the Virginia Public Procurement Act, College employees must
not accept personal gifts of any kind, including food and beverages,
travel, and tickets to sporting and cultural events, from firms
with which the College does business. Gifts of goods or services
to the College or to an employee cannot influence the selection
of a vendor to provide goods or services to the College. Offers
of incentives, free goods and services, gifts, and coupons should
be reported to the Associate Vice Chancellor for Finance and Governmental
Relations and the Provost.
The
technical details of these and other conflict of interests situations
are set forth in the University of Virginia Policies and Procedures
Manual and in the Code of Virginia , which should
be consulted by all faculty members who may be involved in any
such situation. Failure to abide by the conflict of interest principles
described above can have serious consequences. Violations of the
employment-based restrictions contained in the State Conflict
of Interests Act may lead to civil, and if willful, criminal penalties,
as well as termination from state employment. Breaches of professional
ethics standards (e.g., an abuse of the faculty member's authority
over students) may also prompt disciplinary action.
Fraudulent
Transactions
A
deliberate action to obtain an unauthorized personal benefit is
a fraudulent transaction. This might include misappropriation
of cash or property, unauthorized use of College property, unauthorized
use of College employees to perform non-College business, or use
of the College telephone system for personal long distance telephone
calls. All personnel are responsible for reporting any fraudulent
transactions to the Campus Police, the Associate Vice Chancellor
for Finance and Governmental Relations, and the Provost.
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5.5
SOLICITATION OF GRANTS and CONTRACTS
All
solicitations of grants and contracts must be made in the name
of "The Rector and Visitors of the University of Virginia
" and authorized by one of the officials designated to sign
sponsored program documents on behalf of the College. When processed
in this way, the College is legally and financially responsible
for fulfilling the contracted requirements of the sponsoring agency.
Faculty members are not authorized to sign contracts on
behalf of the College. Only the Chancellor is authorized to do
so. An unauthorized person signing a contract in the College's
name may be held personally liable for the contract.
All
grant and contract solicitations must be cleared through College
administrative channels before submission to a potential funding
agency. The channels include the principal investigator who is
proposing the research, the Department Chair, the Academic Dean,
the Provost, and the Chancellor. The Academic Dean and the Provost
are responsible for certifying that the proposal is consistent
with the educational and research objectives of the department
and the College, that the faculty time allocated is appropriate,
and that the various resources available to conduct the proposed
research activities are adequate. Once approved by the Provost,
a proposal must be reviewed and approved by the Grants Accountant
before being presented to the Chancellor. The Chancellor signs
the proposal on behalf of the College, only after all of these
steps have been followed.
Once
a grant or contract has been awarded, the award document will
be reviewed by the appropriate administrative channels to be sure
that the grant or contract does not contain any restrictions or
obligations that are contrary to College policies and procedures.
It will then be accepted by the Chancellor on behalf of the College.
All award documentation must be forwarded to the Grants Accountant
upon receipt.
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5.6
PATENT POLICY
As
a condition of employment, the College requires all persons engaged
in research to sign the Patent Policy Agreement. This agreement
specifies the rights and obligations of both parties when a patentable
product is produced in the course of research activities for which
an employee has been compensated by or through the College or
has used facilities owned, operated, or controlled by the College.
The policy of the College is to consider and, where appropriate,
assist in the patenting and commercial development of discoveries
or inventions that are the product of College research. This policy
is intended to provide incentive for creative intellectual effort,
to ensure that the respective interests of the faculty member,
the College, any supporting sponsor, and society are considered
and protected through the development of fair contracts and procedures;
to assist the researcher and the College to realize tangible benefits
from inventions or discoveries; and to advance and encourage further
research.
The
faculty member is responsible for timely and responsible disclosure
of potentially patentable inventions and discoveries. At present
the policy provides that the inventor will receive 15 percent
of the gross royalties that accrue from inventions for which the
College obtains a patent. The College assigns patents to a patent
management firm, such as the University of Virginia Alumni Patents
Foundation , which negotiates licensing agreements and royalty
rates. The College will normally relinquish any claim to an invention
or discovery that is judged not to be a product of College-sponsored
research. The University of Virginia Policies and Procedures
Manual outlines the Patent Policy in much greater detail.
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5.7
COPYRIGHT POLICY
The
College is committed to maintaining traditional incentives for
scholarly work and its dissemination while protecting, within
the framework of copyright law, the rights of individuals and
the College. Faculty members may write and produce copyrightable
materials, copyright those materials, and receive royalties that
result from their use. Such materials include, but are not limited
to books, articles, artwork, computer software, film and videotape.
Faculty members shall retain all rights related to copyright ownership
of materials that they have prepared on their own initiative.
The
Copyright Act of 1976 provides that when a person is employed
by someone else to produce a copyrightable work, the employer,
not the work's creator, is the author for copyright purposes.
Generally, the College will claim an interest in such works only
when their creation was part of administrative duties or a specific
assignment made by a chair, dean, or other College administrator.
A faculty member's general obligation to produce scholarly works
does not constitute such a College assignment. Students who are
not College employees own any copyrightable works developed in
connection with course work.
Any
potentially valuable, copyrightable materials in which the College
may have an interest should be reported by the author through
the Department Chair and the Academic Dean to the Provost, who
is responsible for administering the copyright policy.
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5.8
COPYING OF COPYRIGHTED MATERIAL
Federal
copyright law restricts the degree to which a copyrighted item
may be reproduced. For example, a single copy may be made for
teaching, research, or classroom preparation purposes. Multiple
copies may be made provided each copy includes a notice
of copyright and if such copying meets certain
tests of brevity, spontaneity, and cumulative effect. An explanation
of these terms is given in the University of Virginia Policies
and Procedures Manual . In general, short items - articles,
illustrations, poems - may be copied if there is too little time
before they are to be used to request permission for their use
from the copyright owner. Such copying should be limited to a
single copy per student per semester with a limit of nine instances
of multiple copying for one course during a semester. Such copying
should not be repeated semester after semester.
At
the request of a faculty member, the library may copy and place
on reserve excerpts from copyrighted works if the library follows
the guidelines of the copyright policy. The librarians may be
consulted about these guidelines. Restrictions of the copyright
law also apply to materials reproduced by the Print Shop.
A
faculty member who wishes to request permission to use copyrighted
materials in a way that lies outside these guidelines should seek
permission of the copyright owner. Detailed procedures may be
obtained from the college librarians.
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5.9
COMPUTING POLICIES
5.9.1
Software Copyright Policy
It
is the policy of the College to respect the copyright protections
given by federal law to owners of digital materials and software.
It is against College policy for faculty, staff, or students
to use College equipment or services including, but not limited
to the College network, to access, use, copy or otherwise reproduce,
or make available to others any copyright-protected digital
materials or software except as permitted under copyright law
(especially with respect to “fair use”) or specific license.
The
software provided through the College for use by faculty, staff,
and students may be used only on computing equipment as specified
in the various software licenses.
The
College regards violation of this policy as a serious matter,
and any such violation is without its consent and is subject
to disciplinary action. Repeated violations will result
in loss of computing privileges, among other sanctions.
5.9.2
Computer Usage Policy
Everyone
within the College community who uses College computing and
communications facilities has the responsibility to use them
in an ethical, professional and legal manner. This means that
users agree to abide by the following conditions:
•
Respect for intellectual property rights (e.g., as reflected
in licenses and copyrights) and ownership of data.
•
The integrity of the systems must be respected. This means that
users of systems will not divulge passwords, pins, private keys
or similar elements to anyone else, and they will not exploit
sessions left open or otherwise misappropriate or steal the
"identity" of another user.
•
Privacy of other users must not be intruded upon at any time.
•
Users must recognize that certain data are confidential and
must limit their access to such data to uses in direct performance
of their duties.
•
The rules and regulations governing the use of facilities and
equipment must be respected. Persons responsible for computing
devices connected to the network will ensure that those devices
are maintained in a secure state in accord with related policy.
•
No one shall obtain unauthorized access to other users' accounts
and files.
•
The intended use of all accounts, typically for College research,
instruction and administrative purposes, must be respected.
•
Users shall become familiar with and abide by the guidelines
for appropriate usage for the systems and networks that they
access.
•
Respect for individuals' rights to be free of intimidation,
harassment, and unwarranted annoyances.
•
Access to College computing and communications equipment and
facilities may be revoked for reasons including, but not limited
to, attacking the security of the system, modifying or divulging
private information such as file or mail contents of other users
without their consent, modifying or destroying College data,
or using the national networks in a manner contrary to the established
guidelines. Revocation of access may be done at any time by
College system administrators in order to safeguard College
resources and protect College privileges.
•
If abuse of computer systems occurs, those responsible for such
abuse will be held accountable and may be subject to disciplinary
action.
5.9.3
Retention of Computer Files
It
is the responsibility of each individual user to backup, to
an appropriate medium, and/or make a copy of any electronic
mail and/or personal documents that they deem important.
The College regards electronic mail and network servers as a
method and means to enhance communications and work flow among
students, faculty and staff. It is not the responsibility
or policy of the College to retain personal email and documents.
All records should be retained in accordance with the
College policy on records retention and disposition and the
Code of Virginia. Records that are retained by an individual,
even if they are retained on an electronic medium, are subject
to the Virginia Freedom of Information Act and the Privacy Act.
5.9.4 Data Security
It
is the responsibility of every individual who uses the College
computing network to protect and maintain a secure working environment.
This includes privately owned computers that attach to
the College network. These responsibilities include but
are not limited to:
•
Installing antivirus software and maintaining current virus
definitions.
•
Regularly backing up your data files on removable media such
as floppy disks, CD's, Zip
cartridges, etc. NOTE: More
than one copy of important files is highly recommended.
•
Do not share your login ID or password with anyone. (That includes
writing them down on
a “post it” and attaching it to your monitor.)
•
Abiding by all laws, policies and guidelines.
•
Installing only properly licensed software.
•
Reporting violators.
Refer
to section 5.9.2 Computer Usage Policy for additional guidelines
for securing the network. Anyone who has reason to suspect
a deliberate or significant breach of established security policy
or procedure should promptly report it to the Director of Information
Technology at ext. 4578 or send an email to abuse@uvawise.edu
.
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5.10
SOLICITATION OR ACCEPTANCE OF GIFTS AND BEQUESTS
The
term "gift" refers exclusively to private gifts or contributions
from private sources including individuals, foundations, or corporations
from which no goods or services are expected and in which no proprietary
interests are to be retained by the donor.
The
Office of Development and College Relations is responsible for
encouraging strong financial support for the College and is staffed
to advise and assist faculty, departments, and the College in
securing greater private support. The development office is the
general clearing house for all fund-raising activities throughout
the College and is responsible for coordinating private fund-raising
efforts. Before any program of fund-raising from private sources
is initiated, plans should be discussed with the Office of Development
and College Relations as well as appropriate academic leaders
before approaching the Vice Chancellor for Development for approval.
Private
contributions to the College may be for the general purposes of
the College as a whole or for the specific use of the College,
an individual department, a particular program, area of study,
or facility. Gifts may be made directly to the College or to the
UVa-Wise Foundation. No foundation can be established without
the approval of the Board of Visitors.
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5.11
POLICY ON OVERLOAD/CONSULTING
This
policy sets an institutional maximum on the number of days that
a faculty member may spend in paid professional activity while
on faculty salary. The Provost may set lower limits in individual
cases, but the institutional limits may not be exceeded. The following
policy, administered by the Provost, applies to both College Faculty
and General Faculty. Full-time faculty members may consult for
supplemental compensation outside of the College and, under exceptional
circumstances, for internal overload responsibilities within the
College as part of their employment contract. This privilege may
not exceed an average of one day in seven calendar days during
the period of academic employment. Faculty members who hold administrative
appointments may undertake external consulting or internal overload
responsibilities only with the approval of the Academic Dean and
the Provost, or, in the case of the Academic Dean or a Vice Chancellor,
the Chancellor.
External
consulting is construed in the broad sense as outside professional
activity in which faculty engage for compensation. Such activity
should further the professional development of the individual
in a way that will enhance the faculty member's contribution to
the College. Only activities implied by the above definition are
included in the consulting privilege of a fully-employed faculty
member. Outside employment or self-employment that detracts from
a faculty member's capability to carry out responsibilities as
a full-time employee are in conflict with College policy.
The
College has no interest in the amount of compensation faculty
members receive from external consulting, but the Chancellor,
acting through the Provost, is accountable for the amount
of time that faculty devote to outside activities, for deciding
questions about potential conflicts of interest, and for deciding
if any outside activity will jeopardize fulfillment of the obligations
assumed by election to the faculty. Therefore, faculty members
are required to report the sources and extent of their consulting
activities to the Academic Dean and the Provost on an annual basis.
Public
service and activities in professional organizations that are
related directly to an individual's position at the College are
considered a normal part of the responsibilities of a faculty
member, and they are not chargeable against the permissible consulting
privilege.
The
possibility of internal overload responsibilities that may be
undertaken for supplemental compensation arises from the consulting
policy and the needs of the College for delivery of continuing
education, public service, and research programs that cannot be
included within the normal duties of a faculty member. Faculty
deliver most services as part of their ordinary duties, but when
the intended task clearly lies outside of the faculty member's
normal responsibilities, as determined by the Provost or the Chancellor,
internal overload for supplemental compensation may be approved.
(See section 4.8.4).
During
the academic session when a faculty member is on regular salary,
the total time permitted for both external consulting
and internal overload assignments together may not exceed
one day in seven. This is equivalent to 39 days during the regular
academic session and 13 days during the summer, if the faculty
member is employed during the summer. For teaching activities,
a consulting day consists of both preparation time and contact
teaching hours. Three contact teaching hours equals one consulting
day under this policy. Both credit and non-credit activities are
computed on a contact hour basis, and the rates of pay are established
annually by the Provost and the Chancellor.
A
maximum of 50 contact hours of overload per semester is normally
permitted for credit, non-credit, or a combination of credit and
non-credit teaching. The Provost, with concurrence of the Chancellor,
may approve up to the full consulting privilege of 58.5 contact
hours for a given semester. The internal overload for a three-credit
hour course is equivalent to 45 contact hours or 15 consulting
days under this policy. The rate of compensation may vary up to
a maximum 120 percent of the faculty member's daily salary rate,
but in no case will the compensation per course exceed that authorized
by the Provost and the Chancellor.
Faculty
members who are employed full-time on salary or wages during the
summer will normally be permitted to engage in 33 contact hours
of overload activity, or a maximum of 39 contact hours with concurrence
of the Provost. A faculty member's total compensation during
the summer may not exceed 33 percent of the regular nine-month
salary during the previous academic session, except for duties
approved on an overload basis.
The
Chancellor and the Provost are responsible for implementing these
policies through established administrative procedures.
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5.12
POLITICAL and CIVIC ACTIVITY
A
faculty member is entitled to engage freely in political and civic
activity. This engagement should be consistent with obligations
as a teacher and scholar and with the principles of academic freedom.
The political and civic positions assumed by members of the faculty
are personal ones, and faculty members must ensure that they do
not necessarily, nor even inferentially, imply that such positions
are endorsed by the College. For this reason, a faculty member
must avoid expressing such political and civic positions using
College resources, i.e., letterhead stationery.
Many
kinds of political and civic activity are consistent with effective
public service and the College encourages such service. Some activities
may involve so much time as to affect adversely the faculty member's
ability to perform expected academic responsibilities. In that
situation a faculty member should seek a leave of absence. The
Provost and the Chancellor are responsible for determining whether
a given kind of public service will require modification of a
faculty member's full-time employment status or will require some
form of leave of absence. Such a leave of absence, should it be
required, shall not affect unfavorably the tenure status of a
faculty member.
The
Board of Visitors has established a policy on campaigning for
and serving in an elected public office. A faculty member who
becomes a candidate for the General Assembly must take a leave
of absence without pay during both primary campaigns and general
elections, and, if elected, during the time that the General Assembly
is in session. Any other time devoted to legislative business
must conform to the limits on consulting activity. A faculty member
who holds an administrative position is governed by the same policy,
except that a leave of absence must be taken from the administrative
position during any election campaign, and, if elected, the administrative
position must be relinquished at the beginning of the elective
office.
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5.13
GOVERNMENTAL RELATIONS
Any
faculty member is free to communicate with members of the General
Assembly or Congress, or other elected officials, but in doing
so must be careful to distinguish personal opinion from
the position or policy of the College. In particular, a faculty
member must avoid expressing such an opinion on College letterhead.
State
law and directives from the Office of the Governor require the
College to designate official spokesmen to represent its positions
to the General Assembly and to coordinate its legislative proposals
through the governor's secretaries. The Chancellor and his designees
are the spokespersons.
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5.14
PRESS AND COMMUNICATIONS
The
College communicates its activities openly to the public, principally
through mass media and on the College web site. The Office of
College Relations releases news and videotape about the College
to the print and electronic media. Media requests for information
should be directed to College Relations. An exception to this
policy is sports information, which is handled by the Sports
Information Director in the Athletics Department.
Departments
and/or faculty who have news regarding conferences and events,
recently published books, new research, awards, student accomplishments,
or other information of public interest should inform the Office
of College Relations. The director will provide advice and consultation
in planning external communications and media contacts. Please
contact the Director at least three weeks in advance for assistance
with press releases, printed programs, posters and other promotional
materials needed for campus events.
The
Vice Chancellor for Development and College Relations, or his
designee, is the official spokesperson representing the College
in all emergency situations. The Chancellor has responsibility
for the College's compliance with the Virginia Freedom of Information
Act. All FOI requests should be forwarded immediately to
the Executive Assistant to the Chancellor, who serves as the compliance
officer. Faculty members are free to communicate with the media
as private citizens in matters not directly related to the College.
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5.15
WORK STOPPAGE BY FACULTY
Section
40.1-55 of the Code of Virginia provides that any employee
who engages in a strike (by abstaining, impeding, or suspending
activity of the employing agency) in concert with two or more
other employees is considered automatically to have terminated
employment. Such a person is not eligible for re-employment by
the state during any part of the next twelve months.
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5.16
PURCHASE ORDERS /REQUISITIONS
State
statutes and policies control the procurement of all supplies,
equipment and services. College Services implements all guidelines
and procedures for carrying out these statutes and policies. Please
contact your department secretary and/or College Services for
these guidelines and procedures. Purchases made without proper
approval and procedure could prevent the vendor from being paid
through the use of state funds and require the individual placing
the order to be held liable for payment to the vendor.
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5.17
REIMBURSEMENT OF EXPENSES
With
prior authorization, certain expenditures that a faculty member
may make are reimbursable. These include travel expenses on College
business, authorized relocation or moving expenses, and some petty
cash expenditures. Reimbursement for Christmas cards, club
membership, parking lot rental fees and parking tickets/fines
are prohibited regardless of the source of funds. Other types
of expenditures, such as gifts and flower arrangements, are allowed
from local funds under special circumstances with appropriate
approval.
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5.18
TRAVEL POLICIES
The
College encourages faculty to attend meetings of professional
associations. For this purpose and other professional development
activities, the College annually provides a limited amount of
funds to academic departments. The Department Chair is responsible
for setting the policies that determine the allocation of these
funds. Travel reimbursements from state funds, sponsored program
funds, and private gifts are all controlled by the same policies
and procedures.
Faculty
may travel from their normally assigned location or "base"
to and from another location, at College expense, to accomplish
official business for the College. Local travel which does not
involve expenses for meals or lodging, and which is considered
a normal function of the employee's position does not require
additional authorization. However, faculty must complete the Proposed
Travel Pre-approval Form for all other travel and obtain the approval
of the Provost and Senior Vice Chancellor prior to
the trip . Failure to obtain the approval of the
Provost may cause the faculty member to be held personally liable
for any expenses incurred in the name of the College and/or to
repay the College for any charges paid by the College. Travel
expenses for official business may be reimbursed to the degree
that they have been previously authorized and if funds are available.
Travel by private or chartered airline requires prior written
approval.
5.18.1
Travel Requiring Advance Approval of the
Chancellor
Anyone
proposing travel which will require reimbursement from a state
account must prepare an estimate of the total cost, including
all costs associated with transportation,
lodging, meals, associated gratuities, conference registration,
and training or course fees. Advance approval of the Chancellor
is not needed in the case where the total cost of the trip does
not exceed $500. In the event that a trip not expected to exceed
$500 does in fact exceed this amount, an explanation will be
required demonstrating why the original estimated cost was exceeded.
5.18.2
Conventions and Conferences
Except
for officers of sponsoring organizations and presenters on the
convention or conference program, no more than two persons may
attend any single convention or conference that requires an
overnight stay. Exceptions to this policy require the approval
of the state Secretary of Education.
5.18.3
Out of Country Travel
All
out-of-country travel must have prior
approval before departure. This involves completion of the appropriate
form which details the travel destination, cost of the travel
and source of funding, the reason for the travel, and the expected
benefit of the travel to the College. This form is available
in the office of the Provost. It must be signed by the
Provost and the Chancellor. The request form will then be forwarded
to the Provost's office at U.Va for approval.
5.18.4
Meal and Lodging Expenses
Travelers
should limit meal expenses to reasonable, moderate costs, and
request government rates at hotels. Travelers should select
lodging in the economy class. Cost of meals will not be reimbursed
unless the travel requires the traveler to be away from home
overnight as evidenced by a hotel bill. Maximum rates of reimbursement
of in-state and out-of-state lodging and meals are set by the
Commonwealth of Virginia and reimbursement shall be in accordance
with applicable regulations.
5.18.5
Payment of Travel Expenses
Travel
expenses for official College business may be paid through various
methods to the degree that they have been previously approved
and the availability of funds. Airline tickets may be charged
to the American Express Purchasing Card, or paid by the traveler
and then reimbursed on the Travel Reimbursement Claim form.
Airline tickets may not be charged to the College. Conference
registration fees may be charged to the American Express Purchasing
Card, not to the American Express Travel Card.
Some expenses can be directly billed to the College. Faculty
members may obtain an American Express travel card to pay for
ground transportation, registration fees, meals, etc. by completing
an application with the Cashier's Office. The expense voucher
must be presented for payment within 8 days
from completion of the trip, or in the case of continuous travel,
within 8 days of the last date of travel.
Expenses must be itemized and supported by receipts or paid
bills covering hotel accommodations, automobile
rentals, and transportation. The billing procedure usually allows
time for filing travel reimbursement forms and receipt of the
reimbursement check before the American Express bill becomes
due. Additional information regarding travel guidelines may
be obtained from the UVa-Wise Office of Accounting Services
and the University of Virginia Policies and Procedures
Manual .
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5.19
USE OF COLLEGE VEHICLES
When
approved by the department head, faculty and staff who have a
valid operator's permit may use College vehicles when traveling
on official College business. Under certain conditions, students
may also operate College vehicles when pre-approved by the Campus
Police and when traveling on official College business. All users
are responsible for operating the vehicle in a safe and courteous
manner, for all traffic citations incurred while the vehicle is
assigned to them, for damages resulting from misuse, abuse, or
negligence, for reporting needed repairs and maintenance to Fleet
Management, and for reporting accidents to the State Police and
Campus Police. Use of a state vehicle for personal business or
pleasure or transporting hitchhikers is strictly prohibited. Currently,
vehicle request procedures are being updated. Please contact Procurement
Services, Fleet Management at 328-0101 or 328-0143 for procedures
and forms.
5.19.1
Vehicle Safety Belt Policy
All
College personnel must wear safety/seat belts at all times while
operating College/State vehicles/equipment in or on which such
belts are provided. Removal, cutting, or to any other way render
safety/seat belt systems inoperable is strictly prohibited.
This policy is entirely for the benefit of users, and its sole
aim is to reduce injuries in the case of an accident. The safety
and protection of persons will more than compensate for the
inconvenience of "buckling up".
Persons
who are ticketed for failure to wear a safety belt may be denied
further use of College or State vehicles or equipment, regardless
of the impact this may have on the person's continued employment
or association with the College.
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5.20
USE OF COLLEGE EQUIPMENT
The
following policy statements address the use of College-owned equipment
by faculty, staff, and students for personal or commercial purposes;
and the use of such equipment by individuals and organizations
who are not part of the College community. The intent of this
policy is to ensure that any extracurricular use of equipment
is consistent with the purpose, mission, and goals of the College.
"College
community," as used herein, includes the College, its departments,
service units, affiliated or related organizations and foundations,
faculty members, staff members, students, groups of students,
and institutionally approved student organizations.
The
administrative head of each unit of the College, or the head of
a subunit when so delegated, is responsible for the control and
accountability of use of all equipment assigned to the unit and
for assuring that use of the equipment is consistent with this
policy and the purpose, mission, and goals of the College.
College
equipment may not be used by College faculty, staff, or students
for personal purposes unrelated to the College's mission or for
commercial purposes. Likewise, College-owned and provided consumable
materials and supplies may not be used for such personal purposes
or commercial purposes.
Personal
activities related to teaching, scholarship and research, or public
service promote the College's mission. Accordingly, faculty and
staff members may be granted the privilege of occasional and reasonable
use of college equipment in connection with their personal academic
pursuits and professional development, provided the College incurs
no unreasonable costs for materials and supplies, maintenance,
and repairs. Approval of these situations are made on a case-by-case
basis.
Use
of College equipment by individuals and organizations not part
of the College community is not permitted unless the responsible
unit head approves a user request form. Such a form may be approved
only when the use meets one of the following criteria:
1.
The use is in connection with approved College-sponsored
activities, events, or services.
2.
The use is part of a contractual agreement between
the College and a government agency, a private business, or
another educational institution; and the agreement has been
reviewed for consistency with College policy relative to competition
with the private sector and unrelated business income by the
administrative head of the related unit.
3. The use is by official visitors to the College and
is appropriate to the purpose of the visit.
a.
The use is in connection with a public service
activity and the equipment does not exist elsewhere or is
not reasonably otherwise available to the user.
The
unit head responsible for the equipment may establish a user fee,
when appropriate, with the approval of the Office of Accounting
Services and the Provost.
College-owned
equipment may be taken home by College faculty, staff, or students
for College business only with the approval of the appropriate
unit head.
Faculty
members must also distinguish between their general obligations
as scholars to produce and disseminate knowledge and their personal
interests when using College resources such as College letterhead,
postage, secretarial time, long-distance telephone service, photocopying
services, computer facilities and other supplies, equipment, or
services that the College normally provides to support professional
activities. Professional ethics are the best guide to maintaining
this distinction.
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5.21
EXTRACURRICULAR USE OF COLLEGE PROPERTY
In
general, College space, playing fields, and other facilities are
available to any group of students, academic or administrative
department, or College related organization or foundation for
any use if employed in a matter which is consistent with the goals
of the College, which is not unlawful, which does not discriminate,
which does not violate College policies and procedures, and which
does not disrupt academic activities, scheduled events, College
functions, and other normal pursuits that take place in the property.
Specific rules for the use of particular buildings have been developed
(for example, the Chapel of All Faiths).
The
Greear Gymnasium, however, may be rented to unsponsored, non-College
groups (if the other general policies are followed) under contractual
arrangements approved by the Director of Athletics when such use
will not interfere with other functions of the College, as determined
by the Chancellor or Chancellor's designee.
College
facilities may be used - subject to the University of Virginia
Policies and Procedures Manual guidelines and other space
restrictions - for religious purposes by College students, groups
of students, student organizations, faculty members, or staff
members. However, College property may not be used for regular
and routine meeting purposes by a religious congregation.
College
space may be used by a non-college group as long as the group
is sponsored by a College group and executes a use of space agreement.
Individual students, faculty, or staff members may not act as
sponsors for non-College groups for the purpose of using College
facilities.
College
space can and should be reserved. Information on availability
and user fees may be obtained and reservations may be made through
the Special Events office at 276-376-4522. In cooperation with
those who have reserved the space, specific rules may be promulgated
to govern conduct at a given event in order to prevent disorder
or other interference with the activity and to prevent physical
harm to the property or participants.
Please
refer to the University of Virginia Policies and Procedures
Manual for additional guidelines.
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5.22
FACULTY WITH MANAGERIAL RESPONSIBILITY
On
occasion, faculty members may be invited to assume managerial
responsibility for a program, center, department, or school. Managerial
responsibility would include the supervision of other faculty
members, students, and full-time and part-time staff. Should faculty
members accept managerial positions, they are responsible for
assisting employees in understanding their work assignments, the
Standards of Conduct, and the goals, objectives, and performance
standards of their position. As supervisors, faculty members should
be aware of unsatisfactory work performance or behavior on the
part of employees and attempt to correct the performance or behavior
immediately. The University of Virginia Policies and Procedures
Manual includes policies related to collection of cash,
procurement of goods and services, travel and moving expenses,
solicitation of gifts and investments. Personnel in the Office
of Accounting Services can also be a source of guidance
in financial matters.
Faculty
members assuming managerial roles should also become familiar
with and work within the financial policies and procedures of
the College and state laws and regulations. Faculty members assuming
managerial responsibilities may be evaluated by College administration
on their management of personnel and financial resources. Failure
to manage personnel and financial resources in compliance with
College policy and state regulations may result in the release
of managerial responsibilities or legal action.
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5.23
USE OF COLLEGE LOGOS
The
Rector and Visitors of the University own all names, nicknames,
indicia, and logos identified with the College. Any commercial
use of the College indicia in any manner shall be approved and
governed by the Chancellor. The use of the College seal is determined
by the Chancellor's office.
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5.24
INCLEMENT WEATHER POLICY
Winter
weather in the mountains can often necessitate schedule changes.
When severe conditions exist, the decision to alter the class
schedule will be made by appropriate administrative officers.
An announcement will be made on the College's inclement
weather line at 376-4SNO and www.uvawise.edu,
as well as area radio and television stations at the earliest
possible time. When classes are canceled and offices are closed,
essential personnel will work to meet the needs of the residence
hall students.
Sometimes
weather patterns change very quickly and force us to alter our
schedule with little advance notice. In the event
of extremely fast-breaking weather, we will first put an announcement
on the 376-4SNO number, and we will inform the broadcast stations
beginning with these four:
WISE
90.5 FM
Wise
WAXM
93.5 FM
Norton
WIFX
94.3 FM
Whitesburg
WCYB
Channel 5
Bristol
Given
the variability of the weather in the Southwest Virginia mountains,
there will be occasions when classes will not be canceled even
though conditions in some surrounding areas may make travel hazardous.
When weather conditions in the immediate area permit classes to
be held, the College will be open on a snow schedule . This decision
will be made at the earliest possible time and will be announced
on the UVA-WISE hot line 376-4SNO, on our website
www.uvawise.edu and regional television and radio stations. The
approved snow schedule for classes is as follows:
M-W-F Classes
T-H Classes
I
9:30 - 10:20 XII
9:30 - 10:30
II 10:30 – 11:20
XIII
10:45 -11:45
III 11:30 – 12:20
XIV 12:00 - 1:00
IV 12:30 – 1:20
XV 1:15 - 2:15
V 1:30 -
2:20 XVI
2:30 - 3:30
Conv. Canceled
XVII 3:45 - 4:45
VI
2:30 - 3:20
XVIII 5:00 – 6:00
VII 3:30 – 4:20
XIX 6:00 - 7:00
VIII 4:30 – 5:20
XX
7:00 - 8:00
IX Canceled
X 6:00 - 7:00
XI 7:00 - 8:00
All
day classes start ninety minutes later than normal except Time
Block IX (M-W-F) which will be canceled. A faculty member who
teaches a class during this time block may reschedule the class
as appropriate. Night classes will begin at 6 p.m. as usual.
The
safety of our faculty, staff, and students is of the utmost importance.
When the College is operating on a delayed schedule
or during any other severe weather conditions such as flooding,
commuter students should use their best judgment about whether
it is safe to drive from their homes. Commuter students also should
use their best judgment on whether to leave the College early
on days when snow begins to fall during the school day.
Faculty
should remember that commuter students living outside the Town
of Wise corporation limits who are unable to attend class
because of inclement weather are allowed to make up any academic
work missed in consultation with the appropriate professor. Contact
with the professor should occur immediately upon return to class.
Residence Hall students, including those living in the Townhouse
Apartments and students living within the Town of Wise corporation
limits will be expected to attend classes when the College is
operating on a snow schedule and will not be granted excused absences.
When
weather conditions create transportation difficulties that result
in late arrival of an employee to work, lost time need not be
applied to leave balances nor should the employee otherwise experience
loss of pay provided the arrival is within a one-hour grace period
beginning at the scheduled time to report. In the case of extreme
inclement weather later arrivals will not be charged against leave
balances if, in the judgment of the departmental head or designee,
such lost time was justifiable in consideration of weather conditions,
place of residence, or other pertinent factors. Compensatory leave
will not be credited to employees who report at their normal time
under these conditions.
HIGHER
EDUCATION CENTER (HEC) AT ABINGDON
Except in the case of extreme weather conditions, classes at
the HEC are cancelled only by the individual instructors.
Closing of the campus in Wise does not cancel Abingdon classes.
The HEC does not automatically close when Virginia
Highlands Community College closes due to inclement weather, nor
do Abingdon classes follow a delay or snow schedule. Because
Abingdon staff do not cancel a class until decided
by the instructor, it is essential that the faculty member contact
Abingdon staff as soon as possible to determine whether a
class will be held. Notices about Abingdon classes
are available on the HEC's information line 276-469-4008 or toll-free
at 800-792-3683 and from the HEC website: www.swcenter.edu
. Classes held in public schools will not
be held if the public school system is closed.
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5.25
DRUG-FREE WORKPLACE POLICY
The
College prohibits the unlawful possession, use, or distribution
of illicit drugs and alcohol by any employee (faculty or staff)
on its property or as any part of its activities. Under local,
state, or federal law, those individuals who violate this policy
are subject to the full range of criminal penalties including
fines and imprisonment. In addition to criminal penalties, violators
of this policy may be subject to College disciplinary action up
to and including termination.
The
use of alcohol by employees while on College owned or controlled
property, including meal periods and breaks, is absolutely prohibited
except when authorized by the College for approved College functions.
Authorization is obtained through the office of the Chancellor.
No employee will report to work while under the influence of alcohol
or illegal drugs.
In
order to comply with federal law and state policy, the College
requires that an employee notify a supervisor in writing of any
criminal drug statute conviction no later than five days after
such a conviction. The College must notify any federal contracting
agency within ten days of having received notice that an employee
engaged in the performance of such contract has had a criminal
drug statute conviction for a violation occurring in the workplace.
The College will impose sanctions on or require satisfactory participation
in a drug/alcohol abuse assistance or rehabilitation program by
any employee who is so convicted.
Violations
of these rules by an employee will be reason for evaluation/treatment
for a substance use disorder or for disciplinary action up to
and including dismissal. This policy applies to all employees
(full-time, part-time, students, etc.).
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5.26
SMOKING/NON-SMOKING POLICY
The
College is dedicated to providing a healthy, comfortable, and
productive environment for students, faculty and staff. Therefore,
there shall be no smoking in College facilities except in designated
smoking areas and those areas may only be provided where adequate
ventilation exists. In consultation with all employees of a particular
building, the appropriate director or department head may recommend
to the Associate Vice Chancellor for Administration that a building
be declared as a non-smoking building or that specific sections
(rooms, floors, etc.) be designated as smoking areas.
Except
in a designated non-smoking building where smoking is not permitted
at all, a private, enclosed room or office occupied exclusively
by a smoker is exempt from this smoking policy, even if visited
by a nonsmoker. However, smokers must make every effort to ensure
their smoke does not escape into common hallways or other rooms
or offices. Shared offices or any other shared work spaces are
considered non-smoking areas unless all occupants and/or users
unanimously agree otherwise.
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5.27
RIGHTS AND RESPONSIBILITIES OF FACULTY AND STAFF WITH HIV DISEASE
The
College has adopted this policy for all academic division faculty
and staff in response to the epidemic of infection with Human
Immunodeficiency Virus (HIV), the agent that causes Acquired Immunodeficiency
Syndrome (AIDS).
All
College policies relating to HIV disease foster the same goals:
(a) to provide education, information, and counseling concerning
the causes, effects, transmissibility, and treatment of HIV disease;
(b) to safeguard the personal rights of individuals with HIV disease;
(c) to promote a safe environment for all members of the College
community; and (d) to comply with the requirements of applicable
federal and state laws relating to HIV disease.
There
are three components to this policy: (a) education, information,
and counseling programs; (b) provisions to safeguard the rights
of faculty and staff with HIV disease; and (c) standards to govern
personnel and other administrative actions involving HIV-positive
status.
The
College will periodically review and, when appropriate, revise
or update this policy as warranted by advances in scientific and
medical understanding of HIV pathophysiology, new epidemiological
perspectives on HIV-related diseases, and evolving social policy
and legal thought.
The
College recognizes that, as a result of the fear, anger, and anxiety
some people feel in reaction to AIDS, some employees who are either
known to have or suspected of having HIV disease may be subjected
to emotional, verbal, or physical abuse by other employees. The
College will provide counseling and education to employees engaging
in such behavior as may be necessary and appropriate in the circumstances.
The College will also take such administrative and disciplinary
action as may be appropriate under applicable personnel policies
and procedures.
The
College will not, on the basis of HIV disease, restrict the access
of HIV-positive faculty or staff to any College academic, athletic,
recreational, administrative, or social facilities or functions.
College
faculty and staff with HIV disease, whether symptomatic or asymptomatic,
will be allowed and encouraged to work at their usual jobs in
an unrestricted manner as long as they are physically and mentally
able to do so.
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5.28
PETS ON CAMPUS
In
the interest of promoting greater personal safety, a more healthful
environment and increased maintenance efficiency in campus educational,
administrative, and general purpose buildings, and on the campus
grounds surrounding these facilities, the presence of pets in
these areas is prohibited.
Exceptions
to this policy are limited to guide dogs for the visually disabled;
animals, fish, fowl or reptiles under the control of and used
by academic departments for approved teaching and/or research
purposes; and those animals, fish, fowl or reptiles used in approved
art performances.
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Last
modified on Tuesday, November 16, 2004
Maintained
by pjm4b@uvawise.edu
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