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CHAPTER 2: GENERAL POLICIES OF THE UNIVERSITY
2.01 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY It is the policy of The University of Arizona to provide equal employment opportunity without regard to race, color, age, religion, sex, national origin, disability, veteran's status or sexual orientation. The University of Arizona is also a federal government contractor and, as such, has certain obligations to take affirmative action to ensure that its policies and practices are, in fact, nondiscriminatory. It is therefore our policy to take affirmative action to employ and advance in employment covered veterans, individuals with disabilities, women and minorities. Where required by law, The University of Arizona has established goals by which we may measure our progress in employing persons based on individual ability and merit and in the numbers reasonably expected based on their availability. The University of Arizona makes good faith efforts to reach persons with disabilities, covered veterans, woman and minorities with information about our equal opportunity policy and, specifically, about employment opportunities at the University. This recruitment effort is particularly important for jobs where women or minorities are not currently participating in the numbers expected by their availability. It is the policy of the University of Arizona to invite all interested persons, both from outside the University and from within the University community, to apply for such opportunities. As a matter of law and as a matter of University policy, selection for opportunities for hire, promotion, transfer or training, as well as decisions regarding demotion, termination, lay-off and other terms and conditions for employment shall occur without regard to race, color, sex, national original or other prohibited basis. The University has formally assigned the responsibilities contained in its written Affirmative Action Plans for Women and Minorities and for individuals with Disabilities and Covered Veterans to each vice president, dean, director, department head, manager and supervisor and the University does insist that these employees adhere to the commitment made in each Affirmative Action Plan.
2.02 ALCOHOL ON UNIVERSITY PROPERTY
See the University policy on possession or consumption of alcohol as follows:
All deaths and serious injuries occurring on University property should be reported immediately to the University Police Department. As soon as possible, deaths and serious injuries of employees should be reported to the Office of the President, and deaths and serious injuries of students should be reported to the Dean of Students Office. As soon as is practical, all such incidents must be reported to the Office of Risk Management and Safety, using a University accident report form. Workers' compensation and other liability claims are filed through the Office of Risk Management and Safety. Benefits Services processes employees' health and life insurance claims, disability applications, and survivors' benefits claims. Administrators with the rank of dean or director, assistant or associate vice-president, vice-president, or president, together with any faculty members with the rank of assistant professor or higher, are not permitted to take advanced degrees at the University. Incoming instructors and lecturers may register for degrees at the University but must declare their intent and must start their graduate work within one year of their initial appointments. Instructors or lecturers may enroll in a graduate program only if the department in which they are employed is so remote from the department in which graduate work is proposed that there is no reasonable possibility for collusion or influence.
2.05 EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 The Educational Rights and Privacy Act of 1974 (the Buckley Amendment) requires certain procedures to ensure the confidentiality of students' records, to provide rights of inspection, and to facilitate challenges of record information. University policy with regard to the Act is available online as follows:
2.06.01 Appointment Procedures
2.06.02 Labor Union Membership
2.06.03 Hours of Employment
2.06.04 Employee Information: Provision of Name, Address, Highest
Degree
2.06.05 Absences from Duty
2.06.06 Consulting or Other Outside Employment
Private consultant groups comprised of University personnel will not be permitted to carry out private research contracts or to render other professional services to outside individuals, corporations, or agencies. Deans, directors, and department heads are responsible for maintaining written records of the external employment of their personnel. Each college shall formulate appropriate policies and procedures and make them generally known. Deans, directors, and other administrative heads shall submit annual written reports of the external employment activities of their personnel to the Provost no later than June 1. The writing of books and production of other creative work is encouraged, but such work should not unduly interfere with assigned duties and responsibilities. Full-time appointed personnel of the University may not be simultaneously employed as faculty members, professional staff, or administrators at any other postsecondary educational institution. Such employment is regarded as a prima facie conflict of interest. However, brief consultantships and collaborative research which meet the stipulations above may be permitted with other postsecondary institutions. For policy on political service, see Section 2.10 and Section 8.04.04, regarding unpaid leaves of absence.
2.06.07 Supplemental Work for the University A. Personnel on Academic Appointments
C. Administrative Personnel on Fiscal-year Appointments
Other than as specified above, there is no automatic provision for release time or supplemental compensation for work on University-generated contracts or projects that lie outside of an employee's contractual duties and responsibilities. In certain circumstances, supplemental consulting or service activities within the University may sufficiently enhance a person's regular teaching, research, or service responsibilities, in a manner considered beneficial to the institution, so as to justify the use of time and facilities otherwise committed to the University. Approval by the appropriate department head, dean or director must be obtained for each activity, and a record should be kept of time and resources used for the activity. With one exception, supplemental compensation for work on sponsored projects during a period of appointment is not permitted for full-time personnel. On occasion, grant funds may provide a consulting fee to an employee not listed as investigator on the grant in return for special professional services or advice. Such payment requires the prior approval of the employee's department head and dean. Part or all of the salary of an individual on an academic or fiscal appointment who is assigned to a sponsored project can be taken from a contract or grant. General operating (state) funds released by such adjustments are usually retained within the department.
2.06.08 Conflict of Interest
Under Arizona Revised Statutes 38-501 et seq., employees of the University must not vote or participate in any manner in any decision of the University, or the ABOR, or in any contract, sale, purchase or service provided to the University in which they or a relative have a pecuniary or proprietary interest. An employee must make such interest known in the official records of the University by filing a declaration of the conflict of interest that is available at the Purchasing Office, the Department of Human Resources or the Provost's Office. By statute, engaging in conduct that constitutes a conflict of interest may result in disciplinary action, including forfeiture of employment. In addition, an employee may not participate in a commercial radio or television program in which there is a relationship between a product being advertised and the special field in which the employee is engaged at the University. University employees who are working on government-supported research, advising on grants, or involved with government research activities in other ways, must avoid using information derived from their government-related work to help specific industrial concerns or enterprises in which they have an interest as consultants or otherwise. The applicable policy is the AAUP Policy Statement titled "On Preventing Conflicts of Interest in Government-Sponsored Research at Universities." To promote this policy, University employees should keep their department heads and deans informed of their government-related research activities, and seek the advice of the Vice President for Research as needed. Further, it is a conflict of commitment when outside activities interfere with an employee's primary obligations to teaching, research or service. The University requires employees to file a disclosure of outside activities with their department head, dean or director, who is to ensure that there is no conflict of commitment. This administrator will conduct an annual review of all disclosures received, and will provide the Vice President for Research and the Provost with a written report on the potential for conflict. University employees who believe that they or their unit is adversely affected by a colleague's outside activities may bring this matter to the attention of the University Committee on Ethics and Commitment by contacting the Faculty Center. The committee will consider such reports, contact the appropriate administrator(s) and investigate the matter. Any findings and recommendations will be provided to the employees and administrators involved, and to the Vice President for Research. The committee will report annually to the Faculty Senate concerning the number and nature of the cases investigated. 2.07 FACILITIES, EQUIPMENT, AND SUPPLIES
2.07.01 General Policies The unit administrator (department head, dean, director) is responsible for the proper use of facilities, space and equipment within guidelines set by higher administration. Arrangements for their use for technology transfer or related activities can be made by individual faculty or professional staff members upon approval by the unit administrator, the Vice President for Research, and the Provost. Such arrangements will be reviewed periodically by the Vice President for Research and by the Provost to ensure that they do not interfere with the primary purposes of the institution. Any employee who perceives that such an arrangement is interfering with the University's teaching, research, or service functions may bring the matter to the attention of the University Committee on Ethics and Commitment (UCEC). UCEC will hear complaints and investigate the possible inappropriate use of space, equipment, or other facilities, and will contact the appropriate administrator(s) as an initial step in this process. The results of UCEC's investigations and its recommendations will be sent to the faculty member(s) involved, department heads and deans, and the Research Integrity Officer. UCEC will report annually to the Faculty Senate on the number and nature of the cases investigated.
2.07.02 Rooms: Privilege Cards, Keys, Scheduling, Help-dogs, Use
Fees Room Privilege Cards. Each academic year, the deans or their designated representatives issue room privilege cards to faculty, staff, and students authorizing their use of particular rooms. The use of an assigned room for a scheduled class does not require a room privilege card. Room privilege cards serve as identification cards, which the University police are authorized to check at any time. If University police are requested to open a room in any building, and the requestor does not have a key to the room, he or she must display a room privilege card showing authorization to use the room. Keys. Keys are issued
by Facilities Management. Guidelines and procedures for obtaining keys may be
found online as follows:
Classroom Scheduling. Scheduled classes use assigned rooms. To use rooms on the
Main Campus for other purposes, individuals must obtain authorization from the Room and Course
Scheduling Office, Office of Curriculum and Registration. Similar authorization to use Arizona
Health Sciences Center rooms must be obtained from the Room Scheduling Office, Arizona Health
Sciences Center. See online information as follows:
Help-dogs. See Section 2.24 regarding animals in the workplace. Use Fees. Appointed personnel and staff members are sometimes called upon to proctor or administer examinations or tests for organizations other than the University. When the examination is proctored or administered for another educational institution or for a nonprofit agency such as a national testing association or a governmental agency, no room rental fee will be charged. Regardless of whether the appointed personnel or staff member receives an honorarium, a rental fee must be charged for the use of campus facilities if the proctoring or administering of the test is done for a business, industry, or other for-profit organization. Arrangements for paying such fees must be made with the Room and Course Scheduling Office at the time the room is scheduled. University facilities are primarily for instruction and research. When used for other purposes, the employee in charge assumes responsibility for proper supervision. The Room and Course Scheduling Office should be consulted about the availability of general equipment such as chairs, tables, lecterns, and blackboards. No equipment should be transferred from one room to another without authorization. All repairs needed in classrooms, laboratories, offices, or other facilities of the University should be reported to the dean, director or other administrator in charge of the facility. If a request for alterations/renovation or painting of University facilities is approved by the dean, director, or other administrator, the request must be forwarded to Facilities Management for approval. The policy for alterations and renovations of University buildings may be found online as follows:
Questions about room and equipment policies should be referred to the University Teaching Center.
2.07.03 Equipment and Supplies: Purchases, Inventory, Surplus,
Disposal, Loss Reports In compliance with State law, the University maintains inventory records of all capital equipment by means of assigned tag numbers. Lost and stolen items should be reported to the Campus Police and a loss report sent to the Office of Risk Management and Safety. Surplus equipment may be delivered to the Office of Materiel Management for resale to other departments or for public sale. Federal surplus equipment may be acquired from the Office of Materiel Management for only a small handling charge. Department heads are responsible for the care and custody of capital equipment under their control. University property must not be removed from University control without prior approval by administrative personnel, authorized by the Senior Vice President for Business Affairs. Complete information about the acquisition and disposal of items may be obtained from the Property Office of Materiel Management. Whenever it is learned that University property is missing or damaged by vandals, the University Police Department at the Main Campus or at the Arizona Health Sciences Center, as appropriate, should be notified immediately. Additionally, a Loss Report form should be completed and forwarded to the Office of Risk Management and Safety. To avoid loss, personnel should lock rooms when they are unoccupied.
2.07.04 Approved Use of University Computing and Communication Equipment Under Arizona law, A.R.S. § 38-448, a university employee may not use university owned or leased computer equipment "to access, download, print or store any information infrastructure files or services that depict nudity, sexual activity, sexual excitement or sexual acts" unless the employee has written approval from the "agency head." The President has authorized the following classes of individuals to access, download, print and store material that would otherwise be prohibited by this statute. This approval is limited to purposes related to academic or employment duties at the University of Arizona. Uses outside of this scope may result in sanctions. The following classes of individuals may access otherwise prohibited material, but only to the extent that the access is related to their academic appointment or job duties at the University of Arizona:
In addition, an employee authorized under this document may authorize employees he or she directly supervises to access these materials for a purpose related to the authorized employee's academic appointment or job duties. Employees who are not covered by this approval may seek approval from the head of their academic or administrative unit for activities related to their job duties, and such approval must be on the form approved by completing an "Approval Form for Access, Download, Print and Storage of Materials Otherwise Prohibited by A.R.S. § 38-448."
3/1/2004 Please see UA InfoSec policy: http://security.arizona.edu/aup 2.07.06 Misuse of University Assets at The University of Arizona 3/29/2004
I. Policy Statement
II. Purpose
III. Definitions
V. Responsibilities of Administrators (Vice Presidents, Deans, Department/Unit Heads/Directors)
VII. Investigative Process
IX. Actions Where Findings Do Not Support Claim Of Misuse (These policies, by way of example, but not limitation, also may apply to allegations of misuse of University assets)
2.08 INTERNATIONAL AGREEMENTS AND GRANT OPPORTUNITIES
In order that appointed personnel may compete for contracts, agreements, or grants with other countries, the Vice President for Research shall publish opportunities in Research Review and on the Research Support Office web site. Each announcement shall include the foreign country and agency involved, the University administrative unit in charge of the project, and the subject area. No hiring, contracting for, or assigning of personnel to a project, other than the project's principal or co-principal investigators, may be done for at least thirty (30) days after publication of such information. If circumstances do not permit the use of the standard notification procedures described above, such as when a project must be undertaken within one month of the initial contact by a foreign agency, the University administrators in charge of the relevant unit(s) shall make a good faith effort to inform personnel who might be interested in such a project. The Research Support Office and the Office of the Vice President for Research maintain a database of persons who have expressed an interest in given activities and furnish to each of these persons announcements of subsequent opportunities. University Equal Employment Opportunity/Affirmative Action/ADA policy governs employment practices in the administration of agreements in other countries. The University of Arizona Advisory Committee on Affirmative Action has jurisdiction over hiring for such contracts, agreements, and grants involving the University and parties in other countries. At the time of signing of an agreement, contract, or grant document with a foreign agency, whether governmental or private, all signatories or their representatives must be given a copy of the EEO/AA ADA statement. (See Section 2.01.) Departments, schools, colleges, or other units must monitor compliance and report any violations to the Affirmative Action Advisory Committee.
2.09 GIFTS TO THE UNIVERSITY: SOLICITATION AND RECEIPT All gifts of any kind to an administrative unit or to individuals in their capacity as University employees should be placed in University accounts or inventories. Instructions for processing gifts are contained in the Financial Records System (FRS) Departmental Manual. The University gift policy is available online as follows:
Further information can be obtained from your unit Development Officer or the Central Gift Office, University of Arizona Foundation. University of Arizona employees may participate in political activity outside the classroom as citizens, but must not allow their interest in a particular party candidate or political issue to affect the objectivity of their teaching or the performance of any other assigned duties and responsibilities. Employees of The University of Arizona shall not use, directly or by implication, the name of the University or their affiliation with the University in the endorsement of political candidates, initiatives, referendums, or in supporting or opposing a position on other political issues. Appointed personnel who desire to campaign for public office or who are elected to public office should request an appropriate full or partial leave of absence (See Section 8.04.04). The President shall determine the extent of the leave for a given case after review of recommendations by the appropriate dean or director and vice president.
2.11.01 Faculty-authored Books and Materials Assigned in
Classes
2.11.02 Sale and Distribution of Books and Materials to
Students
Neither appointed personnel nor staff members may sell materials, books, or publications of any kind directly to students. Cooperative purchases of magazines or other literature should be handled by the students involved or by the U of A Bookstore.
2.11.03 Publications Issued by Colleges and Departments
2.11.04 Reproduction of Copyrighted Material The Main Library and Law Library maintain materials on copyright law. Also, consult "Copyright Basics" available online from the Office of Technology Transfer as follows:
2.12 PUBLIC SERVICE BY EMPLOYEES Public service to the State is one of the basic obligations of a land-grant institution such as The University of Arizona (See Chapter 1). In keeping with this obligation, the University therefore expends funds for public service activities and encourages the participation of its appointed personnel. Public service is one element considered in promotion, tenure, continuing status, and merit raise decisions. Individuals engaged in time-demanding public service functions may be granted reductions in other assigned duties. Departments, colleges, and ultimately the University must make annual accountability reports that reflect public service activity. Therefore, individuals should report each public service contribution to their superiors and keep their own records of all such activity.
2.13 RESEARCH-RELATED POLICIES
2.13.01 General
Applications for special grants for summer and academic-year institutes and for other instructional and facility grants also should be made through the Office of the Vice President for Research. The following procedures apply in all research involving outside funding.
2.13.02 Research Involving Human Subjects
In compliance with federal regulations, the review shall ensure: (1) that the rights and welfare of the subjects involved are adequately protected; (2) that the risks to an individual (whether physical, psychological, or social) in any activity which goes beyond the application of accepted procedures are outweighed by potential benefits; (3) that subject selection is fair; and (4) that legal, informed consent of participants is obtained by methods that are appropriate and adequate. Approval of the IRB or HSPP must be obtained before the project is initiated. Forms and instructions for securing approval for research involving human subjects and information about the Human Subjects Protection Program are available online as follows:
All research, both sponsored and non-sponsored, involving animal subjects must be reviewed by the Institutional Animal Care and Use Committee to assure that it conforms to the University's policies governing animal welfare and meets the requirements of the Federal Laboratory Animal Welfare Act and the Public Health Service policy concerning the care and use of laboratory animals. Principal investigators who plan to use animal subjects as part of their research should contact a member of the Institutional Animal Care and Use Committee or a University laboratory animal veterinarian early in the project design stage to determine the appropriateness of specific species as models for the research and appropriate procedures to be used on the animals in the course of the research.
2.13.04 Research Involving Questionnaires and Surveys
University researchers should notify their department heads and deans of questionnaires and surveys being distributed off-campus. Not infrequently the University, usually the President's Office, receives inquiries concerning the legitimacy and appropriateness of such material, and will be in a better position to explain the research and its legitimacy if information is provided by the researcher in advance.
2.13.05 Secret (Classified) Research
For purposes of this policy, secret material is defined as any material (a) which is restricted from public access, or (b) which cannot be submitted for publication in the open literature.
2.13.06 Ownership of Scientific Collections and Research Materials
Investigators who leave the University may request permission to remove all or part of a University collection they have developed. Such requests should be made to the appropriate department head, dean, and the Vice President for Research.
2.13.07 Patents
2.13.08 Right to Income from Publications
2.13.09 POLICY AND PROCEDURES FOR INVESTIGATIONS OF MISCONDUCT IN SCHOLARLY, CREATIVE, AND RESEARCH ACTIVITIES AT THE UNIVERSITY OF ARIZONA Revised version approved by the Faculty Senate, April 2, 2007 I. INTRODUCTION A community of scholars and researchers has an obligation to itself and to the general public to exercise integrity and ethical behavior in scholarly and research activities. The primary responsibility for scholarly and research integrity rests with the individuals who perform research and undertake scholarship and other creative endeavors at The University of Arizona (hereafter “University”). Therefore, to ensure its obligations to the public, to the community of researchers and scholars at the University, and to the state and federal agencies involved in supporting, monitoring and partnering with the academic community, the University promulgates this Policy. A. SCOPE This Policy applies to all scholarship, research, and creative endeavors conducted at or for the University, whether by faculty, scientists, trainees, technicians, staff members, students, fellows, visiting scholars, guest researchers, consultants, or collaborators, and whether or not the research is funded. Even if the individual against whom an allegation of misconduct in scholarly, creative and research activities (hereafter simply “misconduct”) is made ceases to be engaged in services or responsibilities at or for the University, this Policy may nevertheless apply to determine whether the individual engaged in misconduct while at the University. If allegations are made that involve scholarship, research, and creative endeavors conducted prior to commencing services at or for the University, the Policy may likewise be used to determine whether the individual against whom an allegation is made has committed prior misconduct that may warrant any sanction or alteration in the individual’s status at the University. B. GUIDING PRINCIPLES AND PROCEDURAL GUIDELINES 1. Researchers and scholars will maintain and further the highest standards of ethical practices in scholarship, research and creative endeavors. Individuals will exercise integrity in conducting research, recording and reporting results; they will take care in the execution of scholarship and research, and promote fairness in the recognition of the work of others. 2. Researchers and scholars will be responsible for the integrity of their own scholarship and research, and for the integrity of the scholarship and research conducted by those they supervise. 3. Researchers and scholars will keep timely, complete, thorough, and verifiable records, and will preserve those records as required by law and/or policy, acknowledging that all records of research conducted at the University remain the property of the University. 4. Anyone who witnesses or has reason to believe misconduct has occurred will report the alleged misconduct to the University Research Integrity Officer (hereafter “ RIO”). If an individual is unsure whether a suspected incident falls within the definition of misconduct as defined in paragraph C.4. below, then s/he will contact the RIO to discuss the suspected misconduct informally. If the circumstances or conduct do not meet the definition of misconduct, but may fall under the provisions of other University policies, then the RIO will refer the individual to appropriate University offices or officials with responsibility to resolve such matters. 5. University personnel assigned to address alleged charges of misconduct will do so in a fair and objective manner, respecting the rights of all involved. 6. All individuals involved in scholarly activities and research will participate in educational activities or workshops within their colleges and/or the University that are designed to inform the campus community of its obligations under this Policy, under other University policies related to research and scholarly activities, and under federal and state statutes, regulations, and guidelines for conducting research. 7. All University employees, whether paid or unpaid, will cooperate with the RIO and other institutional officials who review allegations and conduct Inquiries and Investigations. Upon reasonable request employees are obligated to provide relevant evidence to the RIO and other institutional personnel charged with investigating allegations of misconduct. 8. No one will make false allegations or bring bad faith or malicious charges against any individual, or retaliate against anyone who brings a good faith charge of misconduct, even if the allegation cannot be confirmed. An allegation made with reckless disregard for or willful ignorance of facts that would disprove the allegation is not a good faith allegation. Making false allegations or bringing bad faith or malicious charges also constitutes misconduct, which the University will address under existing policies. Individuals reporting misconduct are entitled to protection from reprisal for whistleblowing 2 as described in other University policies, in a manner consistent with state and federal requirements. 9. Should it be necessary to extend any deadline beyond that which this Policy requires, the requesting party must ask the RIO for an extension, citing the reason for the request. Extensions may be granted only for good cause. No extension will be granted if doing so will prolong the period between the initial Investigation and the transmittal of the final report from the Provost to the Respondent and the President. The RIO must document the reasons for granting any extension and notify Respondent of same. 10. The University recognizes that, when making an allegation of research misconduct, or when such an allegation has been made against a researcher, the reputation of both the complainant and the Respondent may be tarnished. Therefore, if at any stage of an C. DEFINITIONS 1 . Complainant: a person who in good faith makes an allegation of misconduct in scholarly, creative or research activity. 2. Conflict of Interest: the real or apparent interference of one person’s interest with the interests of another person, where potential bias may occur due to prior or existing personal, professional or financial relationships. Generally, differences of professional opinion held in good faith and without prospect of financial gain should not be construed as conflicts of interest. 3. Employee: an individual who is employed by the Arizona Board of Regents/University under classifications “faculty,” “classified staff,” or “academic, administrative or service” professional, as those terms are defined in TheUniversity Handbook for Appointed Personnel, The Arizona Board of Regents’ Policy Manual, and The Classified Staff Human Resources Policy Manual, whether the individual is paid or unpaid. Employees comprise student employees and graduate students, including instructors, or as well as any individual who represents or acts on behalf of the University and whose actions may bind the University. 4. Misconduct: fabrication, falsification, or plagiarism in proposing, performing or reviewing scholarly, research or creative endeavors, or in reporting research results or the results of creative endeavors. Misconduct does not include honest error or differences in interpretation or judgments in evaluating research methods or results or differences of opinion.
5. Findings of Misconduct require that:
6. Inquiry: a process involving preliminary information-gathering and preliminary fact-finding by the RIO when someone makes an allegation of misconduct under this Policy, which the RIO believes is sufficiently credible and specific to identify potential evidence of misconduct and to determine whether an allegation of misconduct under this Policy warrants an Investigation. 7. Investigation: a process to formally develop a factual record and to examine that record leading to a decision: (1) either to make a recommendation that misconduct occurred, which may include a recommendation for other appropriate actions, as well as possible administrative actions; or (2) not to make a finding of misconduct. 8. Preponderance of Evidence: that quality of evidence which, when fairly considered, produces the stronger impression, and has the greater weight, and is more persuasive regarding the truth than the evidence presented in opposition. Any fact required to be proven under this Policy shall be proven by a preponderance of the evidence. 9. Pre-inquiry: an initial assessment by the RIO of an allegation of misconduct presented by a Complainant that might warrant further Inquiry. 10. Respondent: the person or persons against whom allegations of misconduct are directed and who is the subject of a misconduct Inquiry or Investigation. 11. Research: all scholarly basic, applied, and demonstration research and creative endeavors. II. PROCEDURAL OVERVIEW A. RESEARCH INTEGRITY OFFICER The Vice President for Research (VPR), in consultation with the President, under the provisions of shared governance, will appoint the RIO, who will have primary responsibility to implement the procedures set forth in this Policy. The RIO will assist the Inquiry Panel s and, if necessary, the ad hoc Investigative Committee s and other personnel to carry out this Policy. S/he will implement any applicable standards imposed by compliance entities or government or external funding sources. As part of this assistance, the RIO will be responsible for evaluating whether applicable federal or state regulations mandate further investigation of allegations of misconduct. The RIO will notify research sponsors when the University initiates a formal Investigation in accordance with applicable law and regulations. Likewise, the RIO will notify research sponsors in the event that an Investigation, once initiated, is terminated prematurely, together with the basis for that decision. The RIO is responsible, at any stage of an Inquiry or Investigation, for complying with reporting requirements imposed by the research sponsor and for taking appropriate interim action to protect its funds or funds provided by third parties, including federal funds. In the case of federal sponsorship, the RIO also is responsible to ensure that the University fulfills the purposes for which the federal financial support has been provided, including, among other things, any required reporting to the Office of Research Integrity (hereafter “ORI”) of the Department of Health and Human Services, the National Science Foundation, or any other applicable agency. In particular, the RIO will notify the appropriate federal agency at any stage of an Inquiry or Investigation if: (1) there is an immediate health or safety hazard; (2) there is an immediate need to protect federal resources; (3) the allegation involves a matter of public health (e.g., a clinical trial); (4) there is a reasonable belief that a criminal violation has occurred that must be reported within 24 hours of obtaining the information; (5) there is an immediate need to protect the interests of the Complainant or of the Respondent, or any co-investigators or associates; or (6) it is probable that the alleged incident is going to be publicly reported. The RIO will report anticipated delays in the investigation process and will notify the appropriate funding agency or agencies of the outcome of a formal Investigation. Any Inquiry Panel or ad hoc Investigative Committee appointed under this Policy will apprise the RIO of information the Panel or Committee receives related to any of these reporting requirements. B. ALLEGATIONS OF MISCONDUCT Anyone with a good faith belief that a person subject to this Policy has engaged in misconduct under this Policy should submit a detailed, written report to the RIO. If the RIO believes that s/he has a conflict of interest with respect to the allegation, then the RIO will refer the Complainant to the Provost, who will appoint a substitute RIO to carry out the duties set forth below. If a Complainant makes a verbal report of misconduct, then the RIO should request the Complainant to make a written report. If the Complainant makes the report orally and declines to make a written report, then the RIO, if persuaded of the seriousness of the allegation(s), will prepare a written report. The RIO will inform the Complainant of current University and ABOR policy on Protection of Employees from Reprisal for Whistleblowing. C. ANONYMOUS ALLEGATIONS Members of the University community may contact the RIO at any time to ask questions about misconduct or complaint procedures without disclosing their names and without filing an allegation. However, because of the inherent difficulty in investigating and resolving allegations from unidentified persons, the University encourages individuals to make only attributable allegations about misconduct. The University will respond reasonably to all allegations of misconduct under this Policy. To determine the appropriate response to an anonymous allegation, the University will weigh the following factors:
If based upon these factors it is reasonable for the University to investigate the matter, then the RIO will proceed in the same manner as with allegations by a known Complainant. D. PRE-INQUIRY BY THE RESEARCH INTEGRITY OFFICER Upon receipt of a written or verbal complaint of misconduct under this Policy, the RIO will conduct a Pre-inquiry to determine whether a possible violation of Policy exists. The Pre-inquiry must be completed within 30 days of receipt of the complaint. If the RIO believes that the allegation does not constitute a violation of this Policy, then the RIO may dismiss the matter without further inquiry. If appropriate the RIO will notify the Complainant and Respondent of this decision in writing. If the complaint appears to raise issues other than misconduct under this Policy that other University offices could address more appropriately, then the RIO will refer the Complainant to those offices for consultation. Although the University has a duty to consider all complaints of misconduct under this Policy, when complaints relate to misconduct that allegedly occurred more than 6 years prior to the allegation, the RIO will take the staleness of the allegation into consideration when determining whether to initiate an Inquiry. E. NOTIFICATION; PRESERVATION OF EVIDENCE AND THE RESEARCH RECORD 1. Notification of Respondent, VPR, Respondent’s Dean, Department Head and Chair of UCEC. Upon receipt of allegations reasonably evidencing misconduct, the RIO will immediately notify the Respondent, VPR, Respondent’s Dean, Department Head, and the Chair of the University Committee on Ethics and Commitment (UCEC). Such notification must take the form of a written statement of the alleged violation of this Policy and must include the specific allegations raised by the Complainant.
The RIO will promptly take all reasonable and practical steps to obtain custody of the research records and other relevant evidence deemed necessary to conduct an Inquiry or Investigation contemplated by this Policy, inventory the records and evidence, and sequester them in a secure manner in accordance with established procedures for sequestering evidence of misconduct. If the research records or evidence encompass scientific instruments shared by a number of users, then custody may be limited to copies of the data or evidence on such instruments, so long as those copies are substantially equivalent to the evidentiary value of the instruments. The RIO will prepare a list of all original research records and materials relevant to the allegation in the presence of or with the assistance of Respondent, if possible. Respondent will cooperate with the RIO to obtain and preserve that evidence. In a case where the Respondent is unwilling or unable to cooperate, the RIO will preserve the evidence without the Respondent’s assistance. The RIO will note Respondent’s unwillingness or inability to cooperate and will also note any other impediments to constructing the record of the Inquiry or Investigation. The RIO will note the destruction, Respondent’s failure to p rovide records adequately documenting the questioned research as evidence of misconduct where the RIO establishes by a preponderance of the evidence that Respondent intentionally, knowingly or recklessly: ( 1) had research records and destroyed them; ( 2) ha d the opportunity to maintain the records but did not do so; or ( 3) maintained the records and failed to produce them in a timely manner, and the RIO determines that Respondent’s conduct constitutes a significant departure from accept ed practices of the re levant research community. The RIO will maintain all laboratory notebooks, computer files, research and funding records, and other materials in a secure environment for the duration of the process. This includes computers, computer programs and the contents of computers belonging to, leased by or under the control or jurisdiction of the University, wherever located. The RIO will make copies of this potential evidence available on Respondent’s written request so that, if appropriate and possible, the Respondent may continue his or her scholarship, research or creative endeavors. The RIO also will maintain files of all documents and evidence gathered in the course of any Inquiry or Investigation, and will maintain the security and confidentiality of those files, to the extent permitted by law or required by the sponsor and as necessary to protect the identity of human subjects. III. INFORMAL RESOLUTION If at any time the University and the Respondent conclude that charges of misconduct under this Policy may be resolved in a manner satisfactory to the University, the research sponsor and the Respondent, then the University may enter into an appropriate agreement, subject to the approval of the Provost, in consultation with the VPR, and where appropriate, subject to the required approval of ORI or other appropriate agency. In such instances, the resolution must address the interests of all affected parties. IV. INQUIRY PURPOSE OF THE INQUIRY The purpose of the Inquiry is to gather information and make preliminary findings of fact when the RIO believes an allegation of misconduct is sufficiently credible and specific to identify potential evidence of misconduct, and to determine whether an allegation of misconduct under this Policy warrants an Investigation. B. INQUIRY PROCESS If the RIO determines that the complaint merits further investigation after completing the Pre-inquiry, then s/he will request that the Chair of the UCEC appoint an Inquiry Panel to conduct an Inquiry as set forth below. The Chair of the UCEC will appoint an Inquiry Panel composed of three UCEC members. In the event that a member of the UCEC does not have expertise in a discipline relevant to the Inquiry, then the Chair, in consultation with the RIO, may appoint an ad hoc member of the Inquiry Panel with such expertise. No member of the Inquiry Panel will have either a real or apparent conflict of interest in conducting the Inquiry. If a panel member has a conflict of interest, then the Chair of the UCEC will excuse that member and appoint a substitute. The Inquiry will consist of information-gathering and fact-finding to determine whether an allegation of misconduct under this Policy warrants an Investigation. The Inquiry ordinarily will include interviews of the Complainant, the Respondent, and any other individuals (witnesses) possessing relevant information. The interviews must be recorded or transcribed, and thereafter provided to the witness for correction. The recording or transcript of such interviews shall be included with the record of the Inquiry and Investigation, if one ensues. The Inquiry Panel also will review any supporting documentation. The Inquiry, including preparing the written report, must be completed within sixty (60) calendar days after the UCEC Chair receives notice of the allegations, unless circumstances clearly warrant a longer period. C. FINDINGS, CONCLUSIONS, RECOMMENDATIONS; NOTIFICATIONS 1. Investigation Required. The Inquiry Panel will prepare a written report that: describes the Inquiry process used and the evidence reviewed; summarizes the relevant interviews conducted; and sets forth the Inquiry Panel’s findings, conclusions, and recommendations. The written report will assess whether sufficient evidence exists to warrant a formal Investigation. An Investigation will be warranted if: (1) a reasonable basis exists to conclude that the allegation falls within the definition of misconduct; and (2) preliminary information-gathering and preliminary fact-finding from the Inquiry indicate that the allegation may have substance. The Chair of the Inquiry Panel will provide the Respondent with a complete copy of the preliminary report and also will provide the Complainant a copy of that portion of the report directly related to the evidence s/he presented. The Respondent and Complainant may comment on the preliminary report in writing within 5 days of receiving his/her copy. All written comments will become part of the final Inquiry report. The Panel Chair will provide the final Inquiry report, together with any comments, to the RIO. Within ten (10) days of receiving the Inquiry Panel’s report indicating sufficient evidence to warrant a formal Investigation, or if the RIO separately determines that applicable regulations require an Investigation notwithstanding the Inquiry Panel’s recommendation to the contrary, then the RIO will notify the Respondent, the Complainant, the President, the Provost, the VPR, the Dean of the college in which the Respondent holds his or her primary appointment, and Respondent’s Department Head, that the University will appoint an ad hoc Investigative Committee to initiate an Investigation. If PHS funding is involved, then the RIO will notify ORI within thirty (30) days of receiving a report recommending an Investigation or after the RIO determines that an Investigation should take place. The RIO will provide ORI with the Respondent’s name and position; a description of the allegations; the PHS support, including for example, grant numbers, grant applications, contracts, and publications listing such support; the basis for recommending that the alleged actions warrant an Investigation; and any comments on the report that the Respondent or Complainant makes.
If the RIO determines that, based on the Inquiry Panel’s findings and his or her own separate assessment, the charge does not warrant an Investigation, then s/he will notify the Respondent and Complainant in writing of the decision within seven (7) days. The RIO will direct that any reference to the charge in the alleged Respondent’s personnel file be removed promptly. If the Inquiry Panel does not find any cause for further Investigation, but determines that the allegations raise s issues that another University office should address, then the Panel may recommend that the RIO refer the Complainant to that office. After the RIO has circulated his or her decision not to initiate an Investigation, the Inquiry Panel Chair will send all materials gathered relating to the charge, together with the Panel’s recommendation and any written comments, to the RIO, who will secure and preserve the records for at least seven (7) years. V. INVESTIGATION PURPOSE OF THE INVESTIGATION The purpose of an investigation is to formally develop a factual record and examine that record to determine whether or not misconduct occurred, or to make a recommendation that it did not occur, and may include a recommendation for other appropriate actions, including administrative actions. B. AD HOC INVESTIGATIVE COMMITTEE If the RIO determines that an Investigation is necessary, then the University will establish a 9-member ad hoc Investigative Committee (the “Committee”), as follows: The RIO will appoint four (4) faculty members who, in the RIO’s judgment, have the appropriate expertise to carry out a thorough and authoritative evaluation of the relevant evidence. The RIO will select an additional two (2) members from names offered upon a recommendation from the Dean of the college in which Respondent holds his or her primary appointment, who are familiar with or have training in the research or scholarly discipline, or who are familiar with or have training in the ethical and financial rules applicable to the particular research, scholarly work or other creative endeavors covered by the allegation. The Provost will appoint one (1) additional faculty member who either is familiar with or has training in the research or scholarly discipline or is familiar with or has training in the ethical and financial rules applicable to the particular research, scholarly work or other creative endeavors covered by the allegation, who will serve as Chair of the Committee. Members of the Inquiry Panel may not serve on the ad hoc Investigative Committee. After consulting with the other Committee members, the Chair of the Committee will select two (2) additional Committee members who have appropriate expertise to carry out a thorough and authoritative evaluation of the relevant evidence. The two additional members ordinarily should be members of the general faculty of the University or another University under the jurisdiction of the Arizona Board of Regents (ABOR). In unusual circumstances, where warranted by the nature of the field or the allegations, outside scholars or persons with expertise in other areas may be included on the Committee where warranted by the nature of the field or allegations. The Committee may seek additional consultation from individuals outside of the ABOR system who have demonstrated expertise in the discipline or area of research or scholarship that is the subject of the Investigation. No member will serve on the Committee if s/he has a conflict of interest. The RIO will notify the Respondent immediately of the names of the individuals who have been selected to serve on the Committee. The Respondent may make a written request to the RIO to disqualify a Committee member alleged to have a conflict of interest; however, the RIO will make the final decision related to a member’s participation. C. PRELIMINARY STEPS TO THE INVESTIGATION The Investigation shall determine the responsible persons and the seriousness of the misconduct. If an Investigation reveals additional instances of possible misconduct, or if other Respondents are identified during the Pre-inquiry or Inquiry, then the RIO will decide whether to broaden the scope of the Investigation beyond the original allegation or whether s/he should initiate a new and distinct Inquiry. The Committee immediately will notify the Respondent in the event that the scope of the Investigation changes from the initial allegations. Any additional allegations will be specified in writing. At the Respondent’s request, the Investigation will include a hearing at which evidence is introduced and witnesses are subject to direct and cross-examination. The Respondent must submit a written request for a hearing to the Chair of the Committee within fifteen (15) days of receiving notice that the University initiated an Investigation. The Investigation, including a hearing, if one is requested, and an Investigation report, should be completed within 120 days of the Committee’s first meeting. The RIO, with the sponsoring agency’s concurrence, must approve any extension to the 120-day period. When requested by the Committee, the RIO will immediately secure any additional pertinent records that were not secured previously during the Inquiry. The Committee has the right and duty to access, secure, and preserve any relevant University document, record or tangible object, however maintained, and by whomever held. This includes computers, computer programs, and the contents of computers belonging to, leased by or under the control or jurisdiction of the University, wherever located. (Paragraph I.B.3.) If the RIO reasonably believes that anyone would suffer serious harm if an individual involved in the matter were to continue his or her duties, then the RIO will request the VPR or the Provost, as appropriate, to take interim administrative actions, including but not limited to suspending individuals from participating further in the research project in question. Any such suspension will proceed under applicable personnel rules of the University and will not interrupt payment of salary. D. FORMAL INVESTIGATION PROCESS The Committee will begin its formal Investigation within thirty (30) days from receipt of the Inquiry report and recommendations from the RIO, who will charge the Committee regarding its obligations under this Policy. If Respondent requests a formal hearing, then the VPR will appoint a representative to act on behalf of the University at the hearing, and the hearing will begin not later than forty-five (45) days after the formal Investigation begins. During the Investigation, the Committee may consider all evidence it receives and will use its judgment in deciding what evidence is fair, relevant, and reliable. The Committee is not bound by formal rules of evidence applicable to courts of law. The Committee may schedule a meeting with the Respondent to discuss the allegations in confidence, and schedule meetings with all relevant persons with whom the Respondent has collaborated. The Committee may conduct its interviews either by written questions or in person. Personal witness interviews either will be recorded or transcribed verbatim by a court-reporter, which recording or transcript thereafter will be provided to the witness for correction. The recording or transcript of such interviews will be included with the formal Investigation record. The Respondent has the right to respond in writing to the allegations, to appear before the Committee, and to provide names of any additional people with whom the Committee should meet to discuss the allegations. If the Respondent chooses not to participate in the Investigation, then the Committee will proceed in his or her absence. If the Respondent requests a hearing, then the Chair of the Committee will notify all parties of the scheduled hearing date at least thirty (30) days in advance of the hearing. For good cause shown, upon request of the Respondent or the University representative or on the Chair’s own initiative, the Chair may reschedule or continue the hearing to another time. No fewer than ten (10) days before the scheduled hearing date, the University representative and the Respondent will exchange lists of witnesses and copies of documents to be introduced at the hearing. This 10-day rule does not limit the Committee’s right to question the parties and witnesses directly during the hearing. The hearing will include opening statements by the University representative and Respondent, direct and cross-examination of witnesses, and closing arguments. The Respondent has a right to present testimony of witnesses, to cross-examine witnesses, and to present evidence, including documentary evidence. The University bears the burden of proving the fact of misconduct to the Committee by a preponderance of the evidence; Respondent has the burden of proving any affirmative defenses, such as “honest error,” or mitigating circumstances, by the same standard of proof. Any University employee called to testify at a hearing is expected to testify and any University employee or University office with access to relevant documents is expected to produce them to the requesting party. If necessary, the Committee may compel the attendance and testimony of any University employee or student during an Investigation, except the Respondent. The Committee will make every reasonable effort to protect the Respondent and Complainant from third party inquiries about the Investigation; however , the Committee will inform Respondent of the identity of all witnesses the Committee contacts. E. RECORD OF THE INVESTIGATION The Committee will keep a written transcript or an audio-recording of the hearing, if Respondent requests one, or of any meetings at which it receives evidence or interviews witnesses. The University will provide the Respondent with a free copy of the transcripts or audio-recordings upon request. In addition to maintaining these transcripts or audio-recordings, the Committee will make and keep accurate and complete records, including originals or legible and complete photocopies, of all documents or records it obtains. The Committee will maintain a record of the manner in which such documents and evidence have been handled, in accordance with procedures established by the University for handling evidence of investigations under this Policy. The RIO will preserve the evidence of each Investigation for a minimum of seven (7) years in such a manner that it is not subject to unauthorized use or tampering. F. REPORT OF THE INVESTIGATION At the conclusion of the Investigation, the Committee will prepare a written report indicating the process of the Investigation, the Committee’s findings, conclusions, and recommendations for an appropriate course of action. Specifically, the report will find whether or not either the Respondent or others engaged in misconduct in violation of this Policy, and with respect to each allegation, the facts and reasons for each of the findings and conclusions. The report will include adequate steps to meet the University’s obligations to funding agencies, if any, to third parties affected by the violations, e.g., Journals . The report also may include recommended sanctions. Within five (5) working days of completing its preliminary report, the Committee will provide the Respondent a complete copy of such report and will provide the Complainant a copy of that portion of the report directly related to the evidence that individual submitted. The Respondent may respond to the preliminary report either orally to the Committee or in writing within thirty (30) days of receiving his/her copy. The Committee will add, as an appendix to the final report, any written response the Respondent submits. The Committee will send its final report, including any comments Respondent submits to the preliminary report, to the RIO for transmission to the VPR, and to the Provost within five (5) days of completing the final report. G. RESOLUTION AND OUTCOME The Provost will consider the Committee’s recommendations and, in consultation with the VPR, produce a written decision as promptly as possible, but no later than 120 days from the date the Investigation began, addressed to the Respondent. The Provost has the prerogative to accept, reject or modify all or any part of the Committee’s report, conclusions, and recommendations based upon a preponderance of the evidence. The Provost will submit the decision to the President describing the Investigation and the basis for the decision, and will provide a copy of the decision, to the Respondent, the Respondent’s Dean and Department Head. In the event the Committee concludes that misconduct occurred in violation of this Policy and the Provost concurs, then the Provost will determine whether to notify other agencies or affected parties regarding the outcome of the matter. The Provost, in consultation with the VPR and the Dean of the college in which the Respondent holds his or her primary appointment, and the Respondent’s Department Head, will impose appropriate sanctions, up to and including termination, in accordance with established University and ABOR policies. H. RECONSIDERATION A Respondent who is dissatisfied with the Provost’s decision may request reconsideration of the decision by filing a written request with the Provost not later than fifteen (15) days following receipt of the decision. Any request for reconsideration must be based on one or more of the following grounds:
If the Respondent requests reconsideration, then the Provost will issue a final decision within twenty (20) days of receiving that request, and will provide a copy of the final decision to the Respondent, the Respondent’s Dean and Department Head. If Respondent makes no request for reconsideration, then the Provost’s decision becomes final at the expiration of the fifteen-day period during which Respondent could have requested reconsideration. VI. NOTIFICATION OF OFFICE OF RESEARCH INTEGRITY At the conclusion of the proceedings under this Policy, the Provost will provide a copy of the Investigation Report (with attachments, appendices and appeals), along with the final decision, including findings and conclusions, and a statement of any administrative actions taken, to the ORI, if Respondent was supported by PHS grants. VII. LEGAL REPRESENTATION At his or her expense, the Respondent may employ and be accompanied by legal counsel during any interviews or meetings with the Inquiry Panel and ad hoc Investigative Committee. If the Respondent requests a formal hearing, then the Respondent is entitled, at his or her expense, to assistance or representation by an attorney at the hearing. The Respondent must inform the Chair of the Committee of such assistance or representation not less than fifteen (15) days before the scheduled hearing, at which time the University representative also is entitled to assistance or representation by an attorney at the hearing. The General Counsel, or his or her designee, will advise the RIO, the Inquiry Panel, and the Investigative Committee on procedural and legal matters . The Inquiry Panel and Investigative Committee, through their respective Chairs, shall have the right to approach the Office of the General Counsel for permission to obtain independent counsel. VIII. CONFIDENTIALITY/PRIVACY CONSIDERATIONS To the extent possible, consistent with fair and thorough procedures, and as allowed by law, University and ABOR Policy, disclosure of the names of persons involved in the Inquiry and Investigation processes, including the identity of the Respondent and the Complainant, will be given only to those who have a legitimate need to know. In addition, the Inquiry Panel and ad hoc Investigative Committee may request a recipient of confidential information to sign a confidentiality statement or to come to the Committee offices to review information that should not be copied or openly distributed. IX. FURTHER ADMINISTRATIVE ACTION Notwithstanding the results of any Investigation or disciplinary proceeding following a finding of misconduct within the University, the United States may, in its sole discretion, take additional action related to the same or different facts and allegations. Action taken by the United States may or may not be based upon the University Investigation and findings and is beyond the purview of the University. Members of the academic community will cooperate with any such federal Investigation.
On May 17, 2005, the Department of Health and Human Services promulgated final regulations related to research misconduct and investigations of such misconduct. 42 CFR 50 and 93, PHS Policies on Research Misconduct; Final Rule, Federal Register. This Policy has been amended to comply with those requirements. Other substantive and grammatical changes resulted from review and recommendations by the UA Research Integrity Officer. Rev. 10/2005Appointed personnel may elect to participate in either the Arizona State Retirement System or the Optional Retirement Plan within the time limits established by statute. Eligibility for retirement varies depending upon the specific retirement plan requirements. Persons who intend to retire should notify their department head, who in turn will notify the Human Resources Department by completing a termination report. Prior to retirement employees should also consult Benefits Services for an explanation of benefit options.
Official University Retirement Benefits
Notwithstanding these provisions, university peace officers who have retired before age 50 pursuant to the provisions of the Arizona Public Safety Personnel Retirement System but have completed five years of continuous, full-time employment in the Arizona University System (or approved leave of absence or long-term disability) immediately preceding retirement shall also be eligible for this benefit. 2.14 RETIREMENTRev. 10/2005 Appointed personnel may elect to participate in either the Arizona State Retirement System or the Optional Retirement Plan within the time limits established by statute. Eligibility for retirement varies depending upon the specific retirement plan requirements. Persons who intend to retire should notify their department head, who in turn will notify the Human Resources Department by completing a termination report. Prior to retirement employees should also consult Benefits Services for an explanation of benefit options.
Official University Retirement Benefits
Notwithstanding these provisions, university peace officers who have retired before age 50 pursuant to the provisions of the Arizona Public Safety Personnel Retirement System but have completed five years of continuous, full-time employment in the Arizona University System (or approved leave of absence or long-term disability) immediately preceding retirement shall also be eligible for this benefit. 2.15 SALES SOLICITATIONS (ON-CAMPUS) UNRELATED TO UNIVERSITY BUSINESSCertain individuals have approval to sell items on campus in specific locations. Others, such as representatives of textbook publishing firms, have approval to solicit University employees at the employees' convenience. No solicitations of University employees for items unrelated to University business are permitted. This regulation applies to University employees engaged in sideline sales, as well as to outside salespeople.
2.16 SEXUAL HARASSMENT
The University of Arizona prohibits sexual harassment by all appointed personnel, staff and students. The Nondiscrimination and Anti-harassment Policy - Interim Revised, adopted December 9, 2008, is available online as follows:
The University of Arizona prohibits smoking in all buildings owned or leased by the University (see exceptions below). This policy exceed the minimum requirements of Arizona Revised Statute §36-601.02 §36-601.01 and supports the goal of providing a safe and healthy workplace for University employees. Smoking is prohibited within 25 feet of building entrances, exits and fresh air intake grills, and in seating areas of assembly occupancies such as stadiums, or any area where flammable materials are handled or stored, or where other significant fire hazards may exist. Smoking is also prohibited in University owned vehicles. Smoking is permitted in the following University settings:
2.17.01Complaints Complaints about non-compliance with this policy shall be made in writing to the dean, director, department head, or other administrator responsible for the building area in question. Th> Complaints may be anonymous, but must include specific information such as location, description of the problem, and names of persons involved if known. In some circumstances, the smoking limitations outlined in this policy may fail to prevent environmental tobacco smoke from contaminating indoor air quality. The Department of Risk Management and Safety shall provide technical assistance for the evaluation of indoor air quality, and provide recommendations for improvement to the responsible administrator. 2.18 VISITING SCHOLARS AND UNIVERSITY GUESTS The University may wish to take special note of visitors by designating them as Visiting Scholars (academic colleagues from other colleges or universities) or University Guests (other visitors). Nominations for Visiting Scholar status may be made by department heads, with the endorsement of the appropriate dean, to the Vice President for Research. Visiting Scholars enjoy: (a) library privileges identical with those of the faculty; (b) the privilege of auditing classes without fee or record; (c) the privilege of attending and taking part in seminars; and (d) the use of laboratory and other space and facilities to the extent they are available. In addition, Visiting Scholars may purchase faculty parking permits and tickets to Artist Series events at faculty rates. The status of University Guest may be proposed by a department head to the appropriate dean and recommended by the latter to the Senior Vice President for Academic Affairs and Provost. If the proposal is approved, the Senior Vice President for Academic Affairs and Provost will write a letter of welcome to the person concerned, extending the same privileges outlined for Visiting Scholars.
2.19 PROTECTION OF EMPLOYEES FROM REPRISAL FOR THE DISCLOSURE OF
INFORMATION
See ABOR policy 6-914, Protection of Employees from Reprisal for Whistleblowing as follows:
ABOR-PM 6-704, Hiring of Relatives, states the following:
2.21 WORKPLACE VIOLENCE 2/20/03; Rev. 09/2010 Additionally, policies related to student behavior may be found at: Student Code of Conduct: http://deanofstudents.arizona.edu/sites/default/files/student_code_of_conduct.pdf Policy on Threatening Behavior by Students: http://web.arizona.edu/~policy/threatening.pdf 1. Purpose and Coverage of this Policy The University of Arizona is committed to providing a safe and secure workplace for all employees, students and visitors. This policy confirms the University’s commitment to prevent, reduce and manage violence to provide a safe environment in which to work and learn. It applies to students, employees, vendors and visitors at all University-owned, controlled or leased premises, including satellite locations, at any location at which University business is conducted, or at which employees, students, vendors or visitors represent the University, including while attending off-campus meetings, conferences, or while riding in University-owned or leased vehicles. 2. Definitions
3. Policy The University prohibits any form of violence by or against any employee, student, vendor or visitor to the University. Violating this policy will result in disciplinary action up to and including dismissal as unacceptable personal conduct and may also result in criminal prosecution. This policy also prohibits retaliation or harassment against anyone who makes a good faith report of a violation of this policy. The University will, to the extent permitted by law, protect the anonymity and safety of anyone who reports an act of violence, as defined by this policy. The University prohibits individuals from making intentionally false or misleading reports of violence or threats of violence. Individuals who make such reports will be subject to disciplinary action up to and including dismissal under the University’s disciplinary policies. 4. Reporting Incidents of Workplace Violence Employees and students will report all incidents of workplace violence to the University of Arizona Police Department by dialing 9-1-1, to his or her immediate manager or supervisor, and to Human Resources. The University will, to the extent possible, handle reports of workplace violence confidentially, except to the extent necessary to communicate to individuals who need to know pertinent information so that they may take appropriate action. The University also may be required to report such incidents to comply with state and federal laws and regulations. The University will be sensitive and responsive to the potential for fear of reprisal by employees or students who report threats or acts of violence. 5. Responding to Reports and Acts of Violence The University encourages all employees and students to assist in maintaining a safe and secure workplace, while recognizing the need to be alert to the possibility of violence by students, former students, employees, former employees, vendors and visitors. Individuals who receive reports of workplace violence must contact Human Resources for guidance and assistance in addressing such situations. Human Resources will review information it receives and may seek additional information as necessary. It also may convene the Threat Assessment and Management Team, as described below, for assistance in evaluating the potential of further violence, and making recommendations regarding appropriate disciplinary action. If an employee violates this policy, then the responsible supervisor will institute disciplinary action as appropriate after consulting with Human Resources and other University officials, as appropriate. If students violate this policy, then an appropriate Dean of Students will institute appropriate disciplinary action against such student. Human Resources will make efforts to support individuals affected by workplace violence by identifying appropriate resources for providing support and assistance. 6. Threat Assessment and Management Team The University has established a multi-disciplinary Threat Assessment and Management (TAM) Team, which will meet as necessary to assist Human Resources or a Dean of Students in determining whether the individual constitutes an ongoing threat to the safety of an individual or to the workplace, and to make recommendations following incidents of workplace violence. The University engages the services of outside consultants, who are available to the TAM Team to assess such risks and assist in making recommendations.
2.22 FAIR LABOR STANDARDS ACT AND OVERTIME POLICY The University administers compensation in compliance with ABOR Policy and the Fair Labor Standards Act of 1938 (FLSA), as amended. Included in this federal law are regulations covering the federal minimum wage, employee time recordkeeping requirements, and jobs where an employee must receive overtime compensation after working 40 hours in a work week. In accordance with Arizona Revised Statute 23-351 C (a), the University delivers pay to employees no later than five days after the end of the most recent pay period.
Definitions
The Exemption Tests. The overtime provisions of the FLSA apply to employees in certain types of jobs. Employees who are not subject to the overtime provisions are considered "exempt." Employees considered "nonexempt" are subject to the overtime provisions of the FLSA. These standards apply equally to all classified staff jobs and all non-faculty appointed personnel jobs; the FLSA does not differentiate based on an employer’s various employment types. To be exempt from the overtime provisions, an employee must meet ALL of the following FLSA tests:
Employees who practice law or medicine, or who teach are not subject to the salary level test and are always exempt. Student Group A/B/C employees are always nonexempt. Graduate assistants/associates are not subject to the FLSA. There are six duties tests, and each test has specific requirements before an employee is exempt from the overtime provisions of the Act. The six duties tests follow:
Additional information on the five duties tests is available on the Department of Labor Fair Pay website at http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm Job Title Exemption Status. Classified staff generic job descriptions are maintained by Human Resources, the department responsible for assigning the FLSA exemption status for these job titles. Some classified staff job titles are exempt and some are nonexempt. Non-faculty appointed personnel jobs must meet at least one of the FLSA duties tests and be exempt; jobs that do not meet at least one of these tests, and are therefore nonexempt, are more appropriately assigned to a classified staff job title. Employee Exemption Status. Though a job title may be categorized as exempt from the overtime provisions, a particular employee in that same job title must be categorized as nonexempt if the employee does not meet the $455 weekly salary level test. To determine whether the employee meets the salary level test, use one of the following calculations.
When using an hourly rate: Employee’s hourly rate x
FTE x 40 hours When using an annual rate: (Employee’s annual rate x FTE) ÷ 52 weeks
Compensable Time (Work Time) Meal Periods. Under the FLSA, bona fide meal periods of at least 30 minutes long generally are not compensable time if the employee is relieved completely from duty for the purpose of eating. For most employees, the University of Arizona provides for a one-hour unpaid meal period each 8-hour workday. There may be circumstances where a department head designates certain positions as having paid meal periods. Breastfeeding Rest Periods. Employees who are nursing are provided with reasonable unpaid break time to express breast milk after the birth of the child as long as providing such break does not unduly disrupt operations. The department head will make reasonable efforts to provide the employee a private location, not a restroom, for nursing and/or expressing breast milk. The regulation requires availability of the break time for one year after the child's birth, and department heads are encouraged to be flexible when developing a plan of support for an individual employee. Rest Periods. Department heads have the authority, but are not required, to establish and permit rest periods for nonexempt employees of up to 15 minutes each four-hour work period. Rest periods are paid work time, and are included as work time on the employee time record. Rest periods are not to be used 1) to offset late arrival or early departure from the work site, 2) to extend the meal period, or 3) to accumulate paid time off from one day to the next. Training Time. Generally, when an employer requires or permits a nonexempt employee to attend training during the employee’s regular work hours, the time is compensable time. Therefore, nonexempt employee training time is typically paid unless all four of the following criteria are met: a) attendance is outside of the employee's regular working hours; b) attendance is in fact voluntary; c) the course, lecture, or meeting is not directly related to the employee's job; and d) the employee does not perform any productive work during such attendance. Note: If the training is required by law and is outside of regular working hours, then the time is not considered compensable time. Travel Time. In ordinary situations where a nonexempt employee commutes to and from the work site, the employee is not entitled to compensation for travel time.
Approval of Overtime. Supervisors are responsible for authorizing and scheduling overtime in advance; therefore, a nonexempt employee shall not work overtime unless authorized in advance by his/her supervisor. Employees are expected to work overtime when requested to do so. Overtime will be used only after other alternatives have been explored, such as rescheduling priorities, reassigning work, re-balancing workloads, offsetting excess hours in one day with reduced hours in another day in the same work week, and revising the work schedule so that weekend work can be performed as a regular part of the affected work week. Options for Overtime Payment. Generally, compensatory time off is the preferred means of compensating nonexempt employees for overtime hours worked. When a nonexempt employee works more than his/her FTE, but less than 40 hours in a work week, the employee must be compensated by one of the following methods:
When a nonexempt employee works more than 40 hours in a work week, the employee must be compensated by one of the following methods:
Maximum Compensatory Time Accrual. After a nonexempt employee has accrued 120 hours of compensatory time off (prorated by FTE), all subsequent overtime hours worked shall be paid in cash. Exceptions to this rule may be approved in writing by the Dean/Vice President in advance; however, in no case shall the accrual of compensatory time off exceed 240 hours (prorated by FTE). As compensatory time is an unfunded fiscal liability, department administrators may establish fiscally practical departmental policies further limiting the accrual of compensatory time. Department administrators are responsible to ensure that compensatory time balances do not become excessive. Disposition of Accrued Compensatory Time. Any compensatory time balance shall be paid to a nonexempt employee, at the employee's most recent rate of pay, upon termination, retirement or change of status from nonexempt to exempt. Allocating Value of Extra Effort for use During the Annual University Closure. Exempt employees may contribute extra effort throughout the year with the express intent of receiving paid release time during the annual University closure. When an exempt employee moves to nonexempt status, the extra effort that was expended shall be reviewed by the employee and the supervisor. This extra effort is not considered on an hour-for-hour basis, but on the overall extra contribution during the period of exempt employment. The employee and supervisor should discuss the value of the extra effort and equate it to a number of hours of compensatory time off, which is processed according to current payroll procedures.
Recordkeeping
Responsibilities
2.23 PRE-EMPLOYMENT SCREENING In order to create a safe and secure workplace and to ensure that University of Arizona employees are qualified to perform the jobs for which the University hires them, the University will conduct pre-employment screening, including criminal background checks, on all finalists. All employment offers are contingent upon the finalist’s successful completion of the applicable pre-employment screening process as defined here.
Definitions Finalist means any person in the group of individuals actually submitted to the hiring official for selection as a new hire or any employee of a university who seeks a transfer, a reclassification or a reassignment. Fingerprint Based Criminal Record Background Check includes state and nationwide checks for criminal convictions based on the finalist’s fingerprints. Security- or Safety-sensitive Position means any position designated as a Security- or Safety-Sensitive position by a university due to applicable federal or state law or pursuant to rules or policies adopted by the Arizona Board of Regents or the University. These include, but are not limited to, the following types of positions:
Standard Pre-Employment Screening Prior to extending an offer of employment (including internal hires): The hiring authority or a designee will check and verify the following information:
Criminal Background Check Application A name-based criminal record background check is conducted on all finalists, both internal and external, for all other positions. When a finalist for a change of position (such as reclassification, promotion, transfer or other similar change) or a finalist previously employed by the University has had a criminal background check within the past twelve months equal to the criminal background check required of the new position, Human Resources may exempt the department from conducting a duplicate check at the time of the internal change or rehire. Background Checks for Non-Employees Additional Requirements
2.24 VISITORS IN THE WORKPLACE The University workplace is a diverse environment of classrooms, offices, and laboratories where many different activities are performed. Visitors to the workplace are generally welcome, and in some settings even encouraged. However, appropriate precautions and limitations on visitation are necessary to protect health and safety, and to maintain productivity and regulatory compliance. Hazardous WorkplaceThere are many workplaces where hazardous materials or equipment are located or where hazardous operations are conducted. These include laboratories, shops, farms, animal care facilities, and power plants. It is therefore necessary to restrict access to these areas for visitors, especially minors. For the purpose of this policy, hazardous areas are defined as any university operation or space where any of the following are present:
Visiting adults who are not students or employees (visiting scientists, etc.) who work for two weeks or more in laboratories or other hazardous areas must receive safety training equivalent to that required for employees in the same environment. Documentation of training received from other employers or institutions may be accepted if approved by Risk Management and Safety. The host department is responsible for providing all visitors with specific safety instructions for local conditions and procedures, and for providing all necessary personal protective equipment. All safety training must be properly documented by the host department and kept on file in that department. Visiting adults who are not students or employees (visiting scientists, etc.) who visit or work for two weeks or less in laboratories or other hazardous areas must at a minimum have local safety measures and emergency procedures explained to them, and must be provided with personal protective equipment appropriate to the environment being visited. Short-term visitors must be escorted and/or supervised by the host department at all times during their visit. ChildrenIn general, the workplace is not an appropriate place for minor children on a frequent or continuing basis, as children in the workplace create an atmosphere that may not be conducive to achievement of the unit's specific goals and objectives. Special occasions that are employer-sanctioned and at which attendance by children is encouraged should be coordinated with and approved by the department. The employee's schedule for that day should take the child's presence into consideration to eliminate potential hazards. Children may be brought to workplaces by parent employees for brief visits or other times when common sense would dictate that it is more efficient for the employee to bring the child into an office (following or before a physician's appointment, for example). The parent employee must supervise the child(ren) on such visits. It is generally not appropriate for children of any age to be in the workplace on a regular basis, such as after school each school day or on regularly scheduled school holidays. Departments may implement an internal departmental policy allowing such visits. The University recognizes that occasionally situations may arise that leave an employee with no acceptable alternative but to bring his or her child(ren) to work. In the event of an emergency, or if there are no other alternatives, parent employees may have children present in the workplace provided the parent secures prior departmental approval. Departments may implement an internal departmental policy allowing short-term visits by employees' children or may request employees to seek approval at the time of the visit. Such arrangements may be granted only in circumstances where safety issues (such as stairs and stairwells, automatically closing doors, open windows, office machines, etc.) have been satisfactorily addressed. This exception is not applicable to hazardous areas. Parent employees may not leave such child(ren) in the custody of another University employee, even for brief periods of time. Minor children are not permitted as regular visitors in any hazardous area as defined above. Short-term visits may be authorized for approved guided tours or other reasons if appropriate precautionary measures are taken, and hazards have been fully controlled or removed during the visit. Direct adult supervision of children is required at all times in hazardous areas. Department heads may require additional safety measures prior to such visits, and may wish to require written parental consent authorizing the site visit.
Vehicles
Animals
2.25 INELIGIBILITY FOR REEMPLOYMENT Policy Statement The University of Arizona is committed to creating an effective, safe and secure environment for those who live, learn and work here. Toward that end, the University may exclude from future employment former employees whose separation from the University occurred under any of the following circumstances:
Additionally, the University may exclude from future employment former employees whose separation from the University occurred for any reason but where the University discovers after the employee's separation that the former employee violated a University or ABOR policy while employed by the University. Notification and Review Process On behalf of the University, the Vice President for Human Resources (VPHR) will notify the former employee in writing within thirty (30) business days after the employee’s separation from employment (or thirty (30) business days after the University’s post-separation discovery of a policy violation) that she/he will be ineligible for reemployment at the University. The former employee may seek a review of her/his ineligibility for reemployment from the VPHR in writing within ten (10) business days after receipt of the VPHR's notification. The former employee’s request for review must include all information she/he wishes the VPHR to consider in seeking to reverse the ineligibility for reemployment. The University will notify the former employee in writing of its final determination on the former employee's ineligibility for reemployment within thirty (30) business days after receipt of her/his request for review. This determination will not be subject to further administrative review.
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