NSU Faculty Handbook
Material appearing in this Handbook in bold italics is quoted from the Regional University System of Oklahoma's Policy Manual. (see General Information)
3.0 HIRING, RANK AND TENURE (3.1 - 3.2)
3.1 Employment Conditions
The employment of all faculty personnel is for a period of nine (9) months, with the exception of certain professional positions (twelve [12] months) and summer contracts (two [2] months). The Director of Human Resources is responsible for coordinating and monitoring the employment process.
3.11 Affirmative Action/EEO Policy Statement
The Administration of Northeastern State University strongly supports the fundamental belief and commitment to the principles of equality and opportunity for all people.
This institution, . . . in compliance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans with Disabilities Act of 1990 and other federal laws and regulations, does not discriminate on the basis of race, creed, color, national origin, sex, age, religion, disability, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to admissions, employment, financial aid, and educational services.
To stimulate efforts toward increasing involvement of persons whose minority status might have denied them previous opportunity in this academic community, the University has developed and revises periodically an Affirmative Action Plan. Northeastern's Affirmative Action Plan governs efforts related to selection, placement, training, and promotion of all employees with respect to personnel actions, such as compensation, reassignments, in-service training, tuition, or other professional growth subsidies and termination. The continual thrust of the University's plan is to employ and retain individuals who are members of a minority group which may be or may become under-utilized in the total employment force. However, the primary criterion for employment shall be the ability of the employees to perform the work. Every member of management is responsible for insuring his/her department's compliance with the University's commitments and policies. Overall monitoring responsibility for Northeastern's Affirmative Action Program and 504 Compliance has been assigned to the Affirmative Action Officer. Employees should contact the Office of Human Resources immediately if they believe that any of these policies have been violated.
College deans justify the need for replacement or additional personnel by providing a detailed description of the position(s) to the Vice President for Academic Affairs for approval. Appropriate forms from the Office of Human Resources are available on the NSU website or by calling Extension 2230.
3.131 Once the Vice President for Academic Affairs has granted authorization, the dean may advertise in appropriate publications. Faculty positions will be advertised and paid for by the appropriate college.
3.132 Upon notification of authorization to advertise the vacancy and receipt of the position description, the Office of Human Resources will place an advertisement on the NSU webpage and on HigherEdJobs.com (where applicable). There is no cost to the college/department for these ads.
3.133 All advertisements are placed with a sincere commitment to employment of minorities and under represented groups. The Clearing House for Oklahoma Higher Education is notified of all vacancies. All appropriate types of media are utilized to gain the attention of applicants regardless of race, color, religion, gender, national origin, disability or age. At the conclusion of all advertisements, the phrase, "An Equal Opportunity/Affirmative Action Employer," will be included.
3.134 The advertisement will list the minimum degree requirement for the position. If a doctorate is preferred, but a master's or a master's plus is acceptable, the advertisement should read "doctorate preferred, master's required." If the position requires a doctorate, and a lesser degree will not be accepted, the advertisement should read "doctorate required." The scope of the advertising reflects the degree requirements of the position: doctorates are recruited nationally, master's regionally, and those requiring less than a master's are recruited from within the state.
3.135 Advertising should state that all responses to advertising are to be sent to the Office of Human Resources. Applications/resumes received directly by the college/department must be forwarded to the Office of Human Resources for processing. In order to comply with the University's Affirmative Action Program, ALL applicant materials must be processed by the Office of Human Resources before review by the selection committee.
3.136 Upon receipt of an employment inquiry, an instruction letter and employment application will be sent to the applicant, along with a voluntary, confidential information sheet which asks for Affirmative Action data. The information on this form is used for completing federal reports and allows the University to determine whether or not its applicant pool is representative. This information is kept separate from all other application materials and does not play a role in candidate selection.
The Vice President for Academic Affairs will provide authorization for the dean to recommend a screening committee and a committee chairperson. Once approved by the Vice President, all names of committee members will be sent to the Office of Human Resources. The Committee Chair should then notify each member of the Screening Committee to review the Faculty Hiring Guide (available through the Office of Human Resources) and ensure that each member's role in the hiring process is understood.
Upon selection and notification of committee composition, the Director of Human Resources will release employment application materials to the appropriate committee representative for the initial screening. The Screening Committee will review all applicants and make recommendations to the dean regarding candidates to be interviewed. A Screening Committee may be reconstituted by the vice president if a search is not fruitful.
The dean shall consult with the Vice President for Academic Affairs before scheduling an interview in order to select a day and time convenient to the Vice President. This date shall be determined prior to finalizing arrangements for a candidate's visit to the campus.
Reasonable travel expenses for interviewees may be reimbursed by the University upon approval by the appropriate dean. (Per: State law 74 OS § 500.2: "... travel expenses incurred by persons during the course of seeking employment with a state agency may be reimbursed provided that the travel was performed at the explicit request of the employing agency and such travel is approved by said agency.")
All screening committee members should review the Interview Guidelines provided in the Faculty Hiring Guide, available through the Office of Human Resources. The Affirmative Action Officer is available to meet with the committee members to instruct them concerning legal interviews, Affirmative Action commitments, and procedural requirements.
All negotiations with prospective faculty members are subject to confirmation by the Vice President for Academic Affairs and, ultimately, by the President. When it has been determined that a candidate will be recommended for employment, a "Personnel Action Form" (PAF) must be completed and signed by the dean and the Vice President for Academic Affairs. The completed PAF shall then be sent for all appropriate signatures and approvals, accompanied by the following documentation:
- A completed employment application, I-9 (filled out by both the employee and the department), curriculum vitae, official transcripts of all college work, W-4, a signed Loyalty Oath, and Statement of Employment Form. (Upon reporting to work, Medical Enrollment forms will also be required. A new faculty member cannot be added to payroll until these documents have been received.)
- A completed Affirmative Action Report listing all candidates interviewed. (Include all candidates directly contacted regarding the position, including phone interviews.)
- Completed "Reason for Non-Selection" forms for all candidates who were not hired, providing specific reasons for non-selection.
- A copy of all advertisements.
The Vice President for Academic Affairs will send a letter to the recommended faculty member, outlining the responsibilities of the position and conditions of employment, along with a "Faculty Employment Agreement," to be returned to the Office of Academic Affairs. The President of the University will give the final campus approval for each recommended new faculty employment. The President, in turn, will present recommendations for employment to the Board of Regents of the Regional University System of Oklahoma for approval. After the Board's approval, the successful candidate will be notified by the appropriate dean and invited to sign a contract.
Upon receipt of the completed Affirmative Action Report, the Office of Human Resources will provide written notification to unsuccessful candidates.
3.2 Employment Policies
Every employee of the State of Oklahoma, or of a county, school district, municipality, public agency, public authority, or public district thereof, who on or after July 1, 1953, is appointed or elected to office, or who after said date is employed for a continuous period of thirty (30) days or more, in order to qualify and enter upon the duties of the office or employment and/or receive compensation, if any, therefore, shall first take and subscribe to the loyalty oath. Provided, that a public employee who is employed or whose employment is extended on a fiscal year basis and who has duly taken and filed the oath required by this Act in order to qualify and enter upon, or continue in, the duties of employment, need not again take and file such an oath so long as said employment or re-employment is continuous or consecutive.
Except as prohibited by the laws of the State of Oklahoma, relationship by consanguinity or by affinity shall not, in itself, be a bar to appointment, employment or advancement in universities governed by the Board nor (in the case of faculty members) to eligibility for tenure of persons so related.
But, no two persons who are related by affinity or consanguinity within the third degree shall be given positions in which either one is responsible for making recommendations regarding appointment, employment, promotion, salary or tenure for the other; nor shall either of two persons so related who hold positions in the same internal budgetary unit be appointed to an executive or administrative position for said internal unit. Waivers may be granted by the university president, but performance evaluations and recommendations for compensation and promotion will be made by one not related to the individual being evaluated. The Board shall be notified of any such waivers at its next meeting.
Relatives that are within the third degree of relationship to an employee by blood or marriage are as follows: Spouse; parent; grandparent; great-grandparent; parent, grandparent or great-grandparent of spouse; uncle or aunt; uncle or aunt of spouse; brother or sister; son or daughter; son-in-law or daughter-in-law; grandson or granddaughter or their spouse; and great-grandson or granddaughter or their spouse.
The Board affirms its commitment to ensuring an environment for all employees and students which is fair, humane, and respectful -- an environment which supports and rewards employee and student performance on the basis of relevant considerations such as ability and effort. Behaviors which inappropriately assert sexuality as relevant to employee or student performance are damaging to this environment. Sexual harassment by any member of the university community, including students, faculty and staff, is a violation of both law and the Board policy, and will not be tolerated. Sexual harassment is a particularly sensitive issue which may affect any member of the university community and as such will be dealt with promptly and confidentially by the university administration. The Board reserves the right to deal administratively with sexual harassment issues whenever it deems appropriate to do so.
Definition of Sexual Harassment
Sexual harassment shall be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following context:
- when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing, or
- when submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or
- when such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.
Examples of Prohibited Conduct
Conduct prohibited by this policy may include, but is not limited to:
- · unwelcome sexual flirtation; advances or propositions for sexual activity;
- · continued or repeated verbal abuse of a sexual nature, such as suggestive comments and sexually explicit jokes;
- · sexually degrading language to describe an individual;
- · remarks of a sexual nature to describe a person's body or clothing;
- · display of sexually demeaning objects and pictures;
- · offensive physical contact, such as unwelcome touching, pinching, brushing the body;
- · coerced sexual intercourse;
- · sexual assault;
- · actions indicating that benefits will be gained or lost based on response to sexual advances.
Retaliation
Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of sexual harassment will be treated as a separate and distinct violation of the Board policy.
Sanctions
Appropriate disciplinary action may include a range of actions up to and including dismissal.
Complaint Process
This policy is in addition to current Board and university policies concerning discrimination and applies to all students, faculty, staff, guests or visitors. Complaints alleging violation of the sexual harassment policy will be reviewed and investigated by the appropriate university office. Complaints may be resolved informally or may proceed through the applicable formal complaint proceedings. Complaints may be filed in the following manner:
- Complaints against students or student organizations shall be filed with the designated official for review and investigation. The designated official (Dean of Student Affairs) , may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures.
- Complaints against faculty or staff shall be filed with the designated official. The designated official (Affirmative Action Officer in the Office of Human Resources), may assist in the informal resolution of the complaint or in processing a formal complaint through the applicable campus procedures for faculty and staff.
- Complaints against visitors or guests should be directed to the university police office on the campus where the incident occurred; or
- the appropriate process as established by the university policy.
3.23 Racial and Ethnic Harassment Policy
Introduction
The Board is committed to a multi cultural, multiethnic and multiracial environment at each of the six regional universities. Diversity is one of the hallmarks of a great university. Promoting dignity and respect among all members of the university community is a responsibility each of us must share. Acts of racial and ethnic harassment are repugnant to the Boards' commitments and will not be tolerated. While the Board embraces the principles of free speech guaranteed by the First Amendment to the United States Constitution, it abhors the abuse of this freedom by those who would provoke hatred and violence based on race and ethnicity. Racial and ethnic harassment is a growing concern across American college campuses. It has taken various forms, from criminal acts (assault and battery, vandalism, destruction of property) to anonymous, malicious intimidation and is most often directed toward persons whose race or ethnicity is readily identifiable. While principles of academic freedom and freedom of speech require tolerance of ideas and opinions, racial and ethnic harassment cannot and will not be permitted at the regional universities. The Board reserves the right to deal administratively with racial and ethnic harassment issues whenever it deems it appropriate to do so.
Statement of Policy
It is the policy of the Board that racial and ethnic harassment shall be prohibited and is subject to disciplinary action as set forth in this policy. Racial and ethnic harassment is defined as: behavior or conduct addressed directly to individual(s) related to the victim's race, religion, ethnicity, or national origin that threatens violence, or property damage, or that incites or is likely to incite imminent lawless action.
Sanctions
Violations of this policy may result in disciplinary action taken by the appropriate authority. Sanctions may range from reprimands to suspension, expulsion or termination. Sanctions shall be based upon the facts and circumstances of each case and shall be in accordance with the terms and guidelines of the applicable campus complaint procedures.
Retaliation
Threats or other forms of intimidation or retaliation against complaining witnesses, other witnesses, any reviewing officer, or any review panel shall constitute a separate violation of this policy which may be subject to direct administrative action.
Complaint Process
This policy is in addition to current Board and university policies concerning discrimination, and applies to all students, faculty, staff, guests, or visitors. Complaints alleging violation of the racial and ethnic harassment policy will be reviewed and investigated by the appropriate university office. Complaints may be resolved informally or may proceed through the applicable formal complaint proceedings. Complaints may be filed in the following manner:
(1) Complaints against students or student organizations shall be filed with the Affirmative Action Office (AAO) for review and investigation. The AAO, or its designee (Office of Student Affairs) , may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures.
(2) Complaints against faculty or staff shall be filed with the Affirmative Action Office. The AAO or its designee (Office of Human Resources), may assist in the informal resolution of the complaint or in processing a formal complaint through the applicable campus procedures for faculty and staff.
(3) Complaints against visitors or guests should be directed to the university police office on the campus where the incident occurred.
The following policy and grievance procedure has been developed to ensure compliance with the Higher Education Reauthorization Act of 1982. Northeastern State University affirms its commitment to ensuring an environment for all employees and students which is fair, humane, and respectful. This commitment demands implementation of programs and services which facilitate that effort.
Northeastern State University will not tolerate nor condone any form of sexual misconduct, physical, mental or emotional in nature. This includes, but is not limited to, rape (including "date or acquaintance" rape), sexual assault or sexual harassment. In instances where there is reason to believe University policy prohibiting sexual misconduct has been violated, the University will pursue disciplinary action. Students may elect to pursue the concern through the state criminal justice system as well as the University's student conduct system.
Sexual assault is defined as having sexual contact or sexual intercourse with another person without consent of that person.
Consent is defined as positive cooperation due to an exercise of free will. Persons consenting must act freely, voluntarily and have knowledge of the act or transaction involved. Consent will not be implied from silence, passivity, nor from a state of intoxication or unconsciousness. Lack of consent is implied if the victim is incapable of giving consent because of mental, developmental, or physical disability, or lack of legal age. Lack of consent is implied if the threat of violence is used or due to an imbalance of power held by the perpetrator over the victim.
Procedure for Reporting Sexual Assaults
In the event of a sexual assault, the victim is encouraged to report the crime to the NSU Department of Public Safety/Campus Police if the act occurred on one of the Northeastern campuses, or to the appropriate authority if the crime occurred off campus. Victims should take care to preserve the evidence of a sexual assault. Prosecution of the perpetrator is a matter for the victim to consider apart from reporting the crime.
Persons who have complaints alleging sexual assault are encouraged to report the incident. Complaints may be filed in the following manner:
- Complaints against students or student organizations should be reported to the Office of the Dean of Student Affairs.
- Complaints against faculty or staff should be filed with the University's Affirmative Action Officer in the Office of Human Resources.
- Complaints against visitors or guests should be directed to the NSU Department of Public Safety/Campus Police.
Students may also report an incident to any University staff or faculty member who will in turn inform the appropriate authorities. False reporting of a crime is a misdemeanor and will be treated seriously.
Disciplinary Procedures in Alleged Cases of Sexual Misconduct
Students who wish to file a student misconduct report should contact the Office of the Dean of Student Affairs. If the matter cannot be resolved by the Dean of Student Affairs or the Dean's representative in an informal manner acceptable to the person bringing the complaint, it will be the option of the complainant to appeal in accordance with University regulations as published under "Student Conduct Code" in the NSU Catalog.
Should the complaining student name a member of the faculty or staff as the alleged perpetrator, the complaint will be handled in accordance with the University's Sexual/Racial and Ethnic Harassment and Sexual Assault Grievance Procedure as published in the Faculty Handbook / Staff Handbook (see Section 3.25). To initiate this action, contact the University's Affirmative Action Officer, Office of Human Resources.
Services to Victims
Medical treatment is available at local hospitals or through local physicians where evidence may be collected to preserve the option of prosecution if the victim so chooses. Students are encouraged to see the University nurse who will make an appropriate referral to local medical facilities, physicians, or Bill Willis Community Mental Health Center. The University Student Development Center in the office of Student Affairs will provide initial counseling and referral to those students requesting assistance.
Reasonable accommodations will be made for a victim requesting a change of campus room assignment or an adjustment in academic schedule.
The University will foster an environment of safety for the entire student body and will support a climate of acceptance and concern for victims of sexual assault.
3.25 Sexual/Racial/Ethnic Harassment and Sexual Assault Grievance Procedure
Persons who have complaints alleging sexual/racial and ethnic harassment or sexual assault involving a faculty or staff member are encouraged to raise them with the University's Affirmative Action Compliance Officer. Complaints involving students are handled under the Student Conduct Code.
Withdrawal of Complaint
The complainant may withdraw the complaint at any point during the investigation or prior to the completion of a formal hearing. A written withdrawal request signed by the complainant is required.
Confidentiality of Records
All records made or maintained as part of the grievance procedure shall be kept confidential.
Timing of Complaint
Complaints must be filed with the Affirmative Action Officer within 300 calendar days of the act of alleged harassment.
Proceedings
Investigation and Informal Resolution - Upon receipt of a complaint, the Affirmative Action Officer is empowered to conduct an investigation. The investigation may involve interviewing the persons involved and gathering evidence. The investigation shall be completed as soon as possible after receipt of the complaint.
Upon a clear showing at any stage of the investigation that immediate harm to any person is threatened by the continued performance of either party's regular duties or University responsibilities, the proper executive officer may suspend or reassign said duties or responsibilities pending the completion of the investigation.
Upon completion of the investigation, the Affirmative Action Officer is authorized to take the following actions:
- Satisfactory Resolution - Resolve the matter to the satisfaction of the University and the complainant and the respondent. If a resolution satisfactory to the University and the complainant and respondent is reached through the efforts of the Affirmative Action Officer, a written agreement shall be prepared and shall be signed and dated by the complainant and respondent. At that time, the investigation and the record thereof shall be closed.
- No Resolution - Render a "no resolution" decision which automatically refers the complaint to a Formal Ad Hoc Grievance Committee. Written notice of such finding shall be given to the complainant(s) and respondent(s) involved.
- Dismissal - Find that no violation of the University's policy has occurred and dismiss the complaint, giving written notice of said dismissal to the complainant as well as the respondent. The complainant may appeal the dismissal. The appeal is a written request for a Formal Hearing made to the Vice President for Administration and must be made within fifteen (15) calendar days of the date of the notice of dismissal. If no appeal is filed within the fifteen (15) calendar day period, the matter is considered closed.
- Determination of Possible Violation of University Policy - Make a finding of possible impropriety and notify the parties that a formal hearing will be required.
Formal Hearing
A hearing will be conducted when investigation of the complaint results in the determination of a possible violation of the University's Sexual/Ethnic and Racial Harassment or Sexual Assault Policy.
- Selection of an Ad Hoc Complaint Resolution Committee--The Vice President for Administration shall appoint a committee comprised of five (5) members. The committee shall be composed of two (2) members of the Affirmative Action Committee, of which one will serve as chairperson; one (1) member appointed from the administrative or professional rank; one (1) member appointed from classified personnel; and one (1) member shall be selected at the discretion of the Vice President for Administration.
- Hearing Guidelines--It shall be the function of the Committee to conduct a complete, fair, and impartial hearing that will bring to light all the facts of the case, then, to present their recommendation for adjudication of the case including findings of fact and conclusions of law to the appropriate vice president. The Committee will not have the power to make a decision or agreement that is binding upon the University. The hearing shall be closed to the public. The Vice President for Administration shall notify the parties of the date, time and location of the hearing.
- Satisfactory Resolution Prior to Hearing Completion--In the event the matter is resolved to the satisfaction of all parties at any time prior to completion of the formal proceedings of the Committee, a written statement shall indicate the agreement reached by the parties and shall be signed and dated by each party and by the chair of the Committee. The matter shall then be closed.
- Committee's Findings and Recommendations--At the conclusion of the hearing, the Committee shall deliberate in executive session to make a recommendation to a vice president designated by the Vice President for Administration. The committee's recommendation shall be prepared and transmitted to the vice president within ten (10) calendar days after conclusion of the hearing. The decision of the Committee is not binding upon the University.
Any disciplinary action recommendation shall be in accordance with established policy as written in the Faculty Handbook/Staff Handbook. - Vice President's Decision--As soon as possible after receipt of the Committees's findings and recommendations, the vice president shall render a decision and inform the complainant and accused party.
A copy of the decision shall be transmitted to the respondent, to the Chairperson of the Committee and to the Affirmative Action Officer.
Appeal
Either party has the right to appeal this determination. The appeal is made by a written request to the President of the University for review of the Vice President's decision and must be made within ten (10) calendar days of the date of the decision. If no appeal is delivered to the President within the ten (10) day calendar day period, the case is considered closed. The decision of the President shall be considered final and binding.
3.26 Drug-free Work Place Policy
The federal Drug-free Workplace Act enacted into law in 1988 requires any entity seeking to be considered to receive a grant from any federal agency and any entity seeking to be awarded a contract for the procurement of any property or services of a value of $25,000 or more from any federal agency, certify to the Federal granting or contracting agency that it will provide a drug-free workplace.
In accordance with this law, NSU has adopted the following policy:
- The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in all University areas.
- Any employee convicted under State or Federal criminal drug statutes for misconduct in the work place, must report that conviction, within five (5) days, to the Office of Human Resources.
- Penalties, ranging from formal counseling to termination, will result from such convictions. The particular action taken will depend upon the circumstances in each case. Also, as necessary, satisfactory participation in a drug abuse assistance or rehabilitation program will be required of any employee so convicted.
- As a condition of employment, employees must abide by the terms of this policy.
- Drug counseling is available through the University's Student Development Center and any employee needing such assistance should contact the Center as soon as possible. There is no charge for this service. Counseling is treated on a confidential basis and any employee needing rehabilitation will be referred to an appropriate agency.
- A substance abuse education program exists for the benefit of all employees and students. These efforts include printed material, posters, articles in The Northeastern, and substance abuse programming throughout the year.
3.27 Tobacco Use in Public Places Policy
State laws and public concerns about tobacco use in public places and educational institutions will be recognized on the Northeastern State University campus through the provisions of this policy. Tobacco products will not be sold on University property.
All buildings owned or operated by Northeastern State University will be free from tobacco usage. Tobacco use is prohibited within twenty-five (25) feet of the entrances to all buildings which is denoted by the green NSU logo painted on the sidewalk.
- Building is defined for the purpose of this policy as an enclosed, indoor area owned or operated by Northeastern State University and used by the general public, serving as a place of work for University employees, or a meeting place for a public body (as defined in the Open Meeting Act 25 O.S. § 304), including but not limited to — offices, classrooms, dormitories, restrooms, laboratories, libraries, auditoriums, arenas, theaters, performance/exhibit halls, museums, meeting rooms, cafeterias and restaurants or public conveyances (including elevators, trolleys, and buses).
- Tobacco usage means use of smoking or smokeless tobacco products, including the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device and the consumption of any other tobacco products.
Signs will be posted at all entrances to University buildings stating the University's tobacco use policy as defined above. Faculty, staff, or students within the building may ask any person smoking or using smokeless tobacco products in the building to refrain. The above does not apply to:
- University owned property which has been leased to an outside entity. These facilities may or may not be designated as tobacco free, at the discretion of the lessee.
- Outdoor areas unless specifically designated as tobacco free areas.
3.28 Faculty with Disabilities
The University is committed to providing access to all individuals with disabilities in accordance with State and Federal law, and Regents' regulations. Persons with disabilities are encouraged to request services and accommodations to meet their individual needs. Requests for accommodations are made to the Office of Human Resources.
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