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Staff Handbook

Policy Statements

 

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, Executive Order 11246 as amended, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, and other Federal Laws and Regulations, does not discriminate on the basis of race, color, national origin, sex, age, religion, handicap, 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 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 our Affirmative Action Compliance Officer. Employees should contact the Human Resources Department immediately if they feel that any of these policies have been violated.

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SEXUAL HARASSMENT POLICY

Northeastern State University 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 of Regents of the Regional University System of Oklahoma 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 of Regents of the Regional University System of Oklahoma reserves the right to deal administratively with sexual harassment issues whenever it deems it 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:

1. When submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing, or
2. 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
3. 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:

1. Unwelcome sexual flirtation; advances or propositions for sexual activity.
2. Continued or repeated verbal abuse of a sexual nature, such as suggestive comments and sexually explicit jokes.
3. Sexually degrading language to describe an individual.
4. Remarks of a sexual nature to describe a person's body or clothing.
5. Display of sexually demeaning objects and pictures.

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 of Regents of the Regional University System of Oklahoma 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 NSU Affirmative Action Officer in the Office of Human Resources for review and investigation. The Affirmative Action Officer, or designee, 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 Officer in the Office of Human Resources. The Affirmative Action Officer or designee 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.

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SEXUAL HARASSMENT GRIEVANCE PROCEDURE

Persons who have complaints alleging sexual harassment are encouraged to raise them with the University's Affirmative Action Compliance Officer.

TIMING OF COMPLAINT

Complaints must be filed with the Affirmative Action Officer within 300 calendar days of the act of alleged sexual harassment.

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.

PROCEEDINGS

Investigation and Informal Resolution:

Upon receipt of a complaint of sexual harassment, the Affirmative Action Officer is empowered to conduct an investigation. The investigation may involve interviewing the parties 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 either party 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:

1. Satisfactory Resolution: Resolve the matter to the satisfaction of the University, the complainant and the party accused of sexual harassment. If a resolution satisfactory to the University and both parties is reached through the efforts of the Affirmative Action Officer, a written agreement shall be prepared and shall be signed and dated by each party. At that time, the investigation and the record thereof shall be closed.
2. 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 each party involved.
3. Dismissal: Find that no violation of the University's sexual harassment policy has occurred and dismiss the complaint, giving written notice of said dismissal to each party involved. The complainant may appeal the dismissal. The appeal is a written request for a Formal Hearing made to the Affirmative Action Officer and must be made within fifteen (15) calendar days of the date of the notice of dismissal. If no appeal is filed within the 15 calendar day period, the matter is considered closed.
4. Determination of Possible Violation of Sexual Harassment Policy: Make a finding of possible impropriety and notify the parties that a formal hearing will be required. Disciplinary action shall be in accordance with established policy in the Staff Personnel Handbook.

Formal Hearing:

A hearing will be conducted when investigation of the complaint results in the determination of a possible violation of the Sexual Harassment Policy of the Board of Regents of the Regional University System of Oklahoma.

1. Selection of an Ad Hoc Grievance 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: one (1) member appointed from the administrative or professional rank, one (1) member appointed from classified personnel. One (1) member from the Affirmative Action Committee will serve as chairperson. Remaining members of the committee shall be selected at the discretion of the Vice President for Administration.
2. Hearing Guidelines: It shall be the function of the Grievance 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 Grievance Committee will not have the power to make a decision or agreement that is binding upon the University. Any party who wishes to have legal counsel present at the hearing must notify the Grievance Committee chairperson at least five (5) calendar days in advance of the scheduled hearing. Parties may present all evidence they consider applicable to the issue. Further, the parties may call witnesses to testify and may cross examine witnesses called by the other party. The hearing shall be closed to the public. Audio tape recordings of the proceedings shall be arranged by the chairperson of the Grievance Committee. The Vice President for Administration shall notify the parties of the date, time and location of the hearing. Each party is responsible for giving such notice to their witnesses.
3. 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 Grievance 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 Grievance Committee. The matter shall then be closed.
4. Grievance Committee's Findings and Recommendations: At the conclusion of the hearing, the Grievance 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 Grievance Committee is not binding upon the University. Any disciplinary action recommendation shall be in accordance with established policy as written in the Staff Personnel Handbook.
5. Vice President's Decision: As soon as possible after receipt of the Grievance Committee's findings and recommendations, the vice president shall render a decision in the matter of the sexual harassment complaint and inform the complainant and accused party of the decision. A copy of the decision shall be transmitted to the respondent, to the Chairperson of the Grievance 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) calendar day period, the case is considered closed. The decision of the President shall be considered final and binding.

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DRUG FREE WORKPLACE POLICY

REGIONAL UNIVERSITY SYSTEMS OF OKLAHOMA Manual, Section 5.8:

Purpose

The federal Drug-Free Workplace Act enacted into law in 1988 requires that 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 $25,000.00 or more from any federal agency, certify to the Federal granting or contracting agency that it will provide a drug-free workplace. The Board, in support of this anti-drug abuse legislation, and recognizing that drug abuse in the workplace is a concern regardless of any connection with federal funds, hereby establishes the following Drug-Free Workplace Policy and requires each university under its governance to effectuate this policy immediately as to all university employees.

Establishment of Program

Each university under the governance of the Board shall establish a drug-free awareness program to inform employees about:

1. the dangers of drug abuse in the workplace;
2. the university's policy of maintaining a drug-free workplace;
3. any available drug counseling, rehabilitation and employee assistance programs that are available either through the university or through any third-party assistance programs in the area; and
4. the penalties that may be imposed upon employees for drug abuse violations.

Minimum Implementation Measures

At a minimum, each university under the governance of the Board shall:

1. Publish and post in each department of the university a written statement containing the following information:
   1. a notification that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in all university areas;
   2. a description of the actions that will be taken against employees for violations of such prohibitions; and
   3. a notification that as a condition of employment employees will abide by the terms of the statement and notify the university of any state or federal drug statute conviction for a violation occurring in any university area no later than five (5) days after such conviction;
2. Require that each university employee be personally given a copy of the statement required in paragraph “a” of this section. Each such employee shall be required to acknowledge receipt of such statement by signing and returning a copy of same to the university;
3. Designate appropriate supervisory and administrative personnel who will be responsible for identifying all university employees engaged in the performance of federal grants and contracts, for obtaining signed statements from all university employees, and for submitting those statements to the university official(s) in charge of maintaining personnel records for appropriate retention. Such supervisory and administrative personnel shall be responsible for obtaining and submitting their own statements to such record keeping official(s);
4. Designate appropriate supervisory and administrative personnel to have the responsibility to personally meet with and explain the university's drug-free workplace policy to all university employees;
5. Designate appropriate supervisory and administrative personnel to be responsible for and who shall provide timely notification (within ten days of knowledge) to appropriate federal granting or contracting agencies when a university employee engaged in the performance of federal grants and contracts is convicted under any state or federal criminal drug statute for misconduct in the workplace;
6. Impose an appropriate administrative sanction (up to and including dismissal) on any employee so convicted, within thirty (30) days of knowledge of such conviction, or require the satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by the university; and
7. Make a good faith and continuous effort to maintain a drug-free workplace by taking the steps enumerated for federal compliance certification of a university drug-free workplace.

Employee Responsibility

All university employees shall sign and return to the university the statement referred to in this policy and, if convicted under state or federal criminal drug statutes for misconduct in the workplace, as a condition of continued employment shall notify his/her immediate supervisor and, if applicable, federal grant or contract supervisor, of such conviction within five (5) days of the conviction.

Sanctions

1. Refusal, failure or neglect by any university employee to sign and return the written statement referred to in this policy shall be deemed an act of insubordination and will subject the employee to appropriate disciplinary action. In staff handbook action is termination.
2. The administrative sanction for failure to timely report a workplace related state or federal criminal drug statute conviction by such an employee, or for a workplace related criminal drug statute conviction by an employee which has been timely reported to the university may include any sanction up to and including dismissal from employment.
3. In all instances where a university employee is not dismissed from employment, and as a condition to continued employment, has been required to satisfactorily participate in a drug abuse assistance or rehabilitation program, such program must be approved by the university. Any such employee must provide to the university a signed statement attesting as to the employee's successful participation in the university-approved drug abuse assistance or rehabilitation program.
4. With or without the existence of a workplace related state or federal criminal drug statute conviction, if an employee is found at any time to have violated the university drug-free workplace policy, he/she may be disciplined and/or referred for counseling and treatment as set forth in general university disciplinary policies.
5. Administrative sanctions as set forth in this policy shall be imposed by the university within thirty (30) days of notification or awareness of the employee's workplace related criminal drug statute conviction.

Definitions

"Controlled Substance"

means any controlled substance set forth in Schedules I through IV of Section 202 of the federal Controlled Substances Act (21 U.S.C. Sec. 812, as amended). Such controlled substances include, but are not limited to cocaine, marijuana, opiates, amphetamines and barbiturates.

"Conviction"

means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.

"Criminal Drug Statute"

means any criminal drug statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.

"Employee"

means any person receiving pay through the university payroll system.

Contractors

Each university shall require of contractors performing services for or on behalf of the university in amounts exceeding $25,000, certification that said contractor has filed a current plan with the appropriate federal agency assuring the maintenance of a drug free work environment.

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CAMPUS TOBACCO USE IN PUBLIC PLACES POLICY

State laws and public concerns about tobacco use in public places and educational institutions will be recognized on all Northeastern State University campuses 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 and exits to all buildings.

1. For the purpose of this policy, building is defined 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/exhibition halls, museums, meeting rooms, cafeterias and restaurants, or public conveyances (including elevators, trolleys, and buses).
2. 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 may ask any person smoking or using smokeless tobacco products in a manner that conflicts with the above stated policy to refrain.

The above policy does not apply to:

1. University 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.
2. Outdoor areas outside the above noted 25-foot zones, unless specifically designated as tobacco free areas.

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CAMPUS WEAPONS POLICY

The possession of firearms, fireworks, explosives, weapons or imitations of weapons including but not limited to bows, knives, or guns by faculty, staff or students is prohibited on campus, in any student residence, sorority, fraternity, approved private housing or university operated facility. No activity will include firearms unless specifically approved by University administration.

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EMPLOYEES WITH SPECIAL NEEDS

The University is committed to providing access to all individuals with special needs in accordance with State and Federal law, and the Regents’ regulations. Persons with special needs 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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