INSTITUTE OF TECHNOLOGY STAFF HANDBOOK Approved Board of Trustees September 24, 1998 Last Update 02/11/2016 Rose-Hulman Institute of Technology 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 2.01 2.02 2.04 2.05 2.06 2.07 2.08 2.09 3.00 3.01 3.02 3.03 3.04 3.05 Staff Handbook. TABLE OF CONTENTS INTRODUCTION ............................................................................................................. 4 Purpose.................................................................................................................................. 4 Mission Statement................................................................................................................. 4 History of the Institute .......................................................................................................... 4 Campus Map ......................................................................................................................... 6 Governing Authority ............................................................................................................. 6 Organizational Chart ............................................................................................................. 6 Human Resources ................................................................................................................. 6 Employee Relations Committee ........................................................................................... 7 Staff Representative to the Board ......................................................................................... 7 Ombudsman Committee ....................................................................................................... 8 Equal Employment Opportunity ........................................................................................... 9 Americans with Disabilities Act (ADA) ............................................................................... 9 Intellectual Property .............................................................................................................. 9 Rose-Hulman Policy for Civil Rights Equity for All Faculty, Students, and Employees .. 10 Nepotism ............................................................................................................................. 10 Tobacco Use Policy ............................................................................................................ 10 Drug Free Workplace Policy .............................................................................................. 11 Employment of Minors ....................................................................................................... 11 GENERAL EMPLOYMENT PRACTICES ................................................................... 11 Employee Orientation ......................................................................................................... 11 Employee Identification Cards ........................................................................................... 11 Keys .................................................................................................................................... 12 Parking ................................................................................................................................ 12 Facilities and Services......................................................................................................... 12 ATM Machines ........................................................................................................................................................ 12 Athletic Facilities ..................................................................................................................................................... 12 Bookstore ................................................................................................................................................................. 12 Computing Center.................................................................................................................................................... 13 Fax Machines, Copiers, Printing, and Telephones .................................................................................................. 13 Food Service ............................................................................................................................................................ 13 Institute Equipment.................................................................................................................................................. 13 Library ..................................................................................................................................................................... 13 Mail Service............................................................................................................................................................. 13 Mileage Reimbursement .......................................................................................................................................... 14 Notary Public ........................................................................................................................................................... 14 Uniforms .................................................................................................................................................................. 14 3.06 3.07 3.08 3.09 Job Description ................................................................................................................... 14 Job Posting .......................................................................................................................... 14 Employment Letters ............................................................................................................ 15 Employment Status ............................................................................................................. 15 Exempt ..................................................................................................................................................................... 15 Non-Exempt/Salaried .............................................................................................................................................. 15 Non-Exempt/Hourly ................................................................................................................................................ 15 Full-Time ................................................................................................................................................................. 15 Part-Time (benefits eligible) .................................................................................................................................... 15 Part-Time ................................................................................................................................................................. 16 Temporary ............................................................................................................................................................... 16 3.10 Work Schedules .................................................................................................................. 16 Breaks and Rest Periods .......................................................................................................................................... 16 3.11 Initial Review Period .......................................................................................................... 17 Page 1 Rose-Hulman Institute of Technology 3.12 3.13 3.14 3.15 Staff Handbook. Performance Appraisal........................................................................................................ 17 Promotions and Transfers ................................................................................................... 17 Position Reclassification ..................................................................................................... 18 Personnel Records ............................................................................................................... 18 Retention of Corrective Action Records ................................................................................................................ 199 Changes in Employee Information .......................................................................................................................... 19 3.16 Release of Employment Information .................................................................................. 19 4.00 EMPLOYEE COMPENSATION AND TIME RECORDS ............................................ 20 4.01 Pay Periods.......................................................................................................................... 20 Monthly ................................................................................................................................................................... 20 Bi-Weekly................................................................................................................................................................ 20 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 Direct Deposit ..................................................................................................................... 20 Pay Deductions ................................................................................................................... 20 Pay Advances ...................................................................................................................... 20 Pay Increases ....................................................................................................................... 20 Overtime Pay ...................................................................................................................... 20 Time Off.............................................................................................................................. 21 On-Call and Emergency Call In .......................................................................................... 21 Holiday Pay......................................................................................................................... 21 Inclement Weather ............................................................................................................. 21 Time Records ...................................................................................................................... 22 Exempt Positions ..................................................................................................................................................... 22 Non-exempt Positions.............................................................................................................................................. 22 Hourly Positions ...................................................................................................................................................... 23 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 EMPLOYEE BENEFITS ................................................................................................ 24 Health Insurance Plan ......................................................................................................... 24 Dental/Vision Plan .............................................................................................................. 24 Section 125 Flexible Spending Plan ................................................................................... 24 Life Insurance ..................................................................................................................... 25 Long Term Disability Insurance ......................................................................................... 25 Retirement Plan ................................................................................................................... 25 Optional Early Retirement Plan .......................................................................................... 26 Eligibility ................................................................................................................................................................. 26 Election Period ........................................................................................................................................................ 26 5.08 Tuition Assistance............................................................................................................... 26 Dependent Children Tuition .................................................................................................................................... 26 Tuition Exchange ..................................................................................................................................................... 27 Employee Courses for Credit................................................................................................................................... 28 5.09 Independent Colleges of Indiana Moving Contract ............................................................ 29 5.10 Statutory Benefits................................................................................................................ 29 Social Security and Medicare .................................................................................................................................. 29 Unemployment Insurance ........................................................................................................................................ 29 Worker’s Compensation Insurance .......................................................................................................................... 30 5.11 Leaves of Absence .............................................................................................................. 30 Vacation Leave ........................................................................................................................................................ 30 Sick Leave ............................................................................................................................................................... 32 Family and Medical Leave ...................................................................................................................................... 33 Funeral/Bereavement Leave .................................................................................................................................... 36 Military/Reserve Service Leave .............................................................................................................................. 34 Jury Duty ................................................................................................................................................................. 35 Leave of Absence Without Pay ............................................................................................................................... 35 6.00 CODES OF CONDUCT .................................................................................................. 35 Page 2 Rose-Hulman Institute of Technology Staff Handbook. 6.01 Attendance .......................................................................................................................... 35 6.02 Personal Appearance and Dress .......................................................................................... 36 6.03 Confidential Information .................................................................................................... 36 6.04 Solicitation/Distribution Policy .......................................................................................... 36 6.05 Personal Telephone Use ...................................................................................................... 36 6.06 Electronic Mail and Computer Use..................................................................................... 36 6.07 Audio or Video Recording of Employee Communications ................................................ 36 6.08 Firearms, Explosives, and Weapons Policy……………………………………………….36 7.00 FAIR TREATMENT PRACTICES POLICY ..................................................................... 38 FAIR TREATMENT PRACTICES POLICY FLOWCHART .................................................... 40 8.00 CORRECTIVE ACTION PROCEDURE ....................................................................... 41 CORRECTIVE ACTION TREATMENT PROCEDURES FLOWCHART ............................... 44 9.00 SEPARATION ................................................................................................................ 45 9.01 Resignation ......................................................................................................................... 45 9.02 Termination ......................................................................................................................... 45 9.03 Reduction in Force .............................................................................................................. 45 9.04 Exit Procedures ................................................................................................................... 45 Return of Institute Property ..................................................................................................................................... 45 Final Payment .......................................................................................................................................................... 46 9.05 Extension of Benefits .......................................................................................................... 46 COBRA Continuation Coverage ............................................................................................................................. 46 Retirement Account Accumulations ........................................................................................................................ 46 9.06 Retirement Plan ................................................................................................................... 46 9.07 Optional Early Retirement Plan .......................................................................................... 46 APPENDIX 1-CAMPUS MAP .................................................................................................... 48 APPENDIX 2-ORGANIZATIONAL CHART ............................................................................ 49 APPENDIX 3-INTELLECTUAL PROPERTY POLICY ............................................................ 50 APPENDIX 4-ROSE-HULMAN POLICY FOR CIVIL RIGHT EQUITY FOR ALL FACULTY, STUDENTS, AND EMPLOYEES .......................................................................... 62 INCIDENT REPORT FORM ....................................................................................................... 72 APPENDIX 5-DRUG FREE WORKPLACE POLICY ............................................................... 74 APPENDIX 6-PERFORMANCE APPRAISAL .......................................................................... 79 APPENDIX 7-SNOW POLICY ................................................................................................... 84 APPENDIX 8-WORKER'S COMPENSATION INSURANCE .................................................. 87 APPENDIX 9-POLICY OF RESPONSIBLE USE OF ROSE-HULMAN COMPUTING FACILITIES .................................................................................................................. 90 APPENDIX 10-FIREARMS, EXPLOSIVES, AND WEAPONS ............................................... 94 APPENDIX 11-MAJOR ACTS OF MISCONDUCT .................................................................. 95 APPENDIX 12-PERSONNEL ACTION NOTIFICATION FORM ............................................ 96 APPENDIX 13-KEY AND ELECTRONIC ACCESS CONTROL POLICY ............................. 97 APPENDIX 14-INDIANA/VIGO COUNTY CLEAN INDOOR AIR ORDINANCE ............. 101 APPENDIX 15-CONFLICT OF INTEREST POLICY ............................................................. 105 CONFLICT OF INTEREST DISCLOSURE ............................................................................. 108 Page 3 Rose-Hulman Institute of Technology 1.00 Staff Handbook. INTRODUCTION 1.01 Purpose This staff handbook has been prepared to serve as a reference publication on employment related issues for staff members of Rose-Hulman Institute of Technology. It is intended as a general guide to policy, practice, and conditions of employment. Detailed policies and additional documents are included in the appendix and referenced throughout the text. Due to the dynamic nature of the organization, and the legal and regulatory environments, the Institute reserves the right to change provisions in this handbook when deemed to be in the best interest of the Institute and its staff members. This handbook and its provisions are not a contract or guarantee of continuous employment between the Institute and employees. Additionally, by Indiana law, all employees of RoseHulman Institute of Technology are employees at will. As an “at will” employee, each employee has the right to separate employment at any time with or without reason or notice and the employer has the right to terminate an employee at any time with or without reason or notice. 1.02 Mission Statement To provide students with the world’s best undergraduate education in engineering, mathematics, and science in an environment of individual attention and support. 1.03 History of the Institute In September of 1874, Chauncey Rose, a respected Terre Haute businessman and philanthropist, founded the Terre Haute School of Industrial Science. Mr. Rose, a native of Connecticut, came to Terre Haute to seek his fortune some sixty (60) years earlier. By a combination of luck and drive, Rose became the Wabash Valley’s foremost industrialist and entrepreneurial capitalist, amassing a fortune from railroads, oil, real estate, and lumber. Seeing a serious need for better educated mechanics and draftsmen, Rose envisioned a school to prepare young men for the mechanical and design demands and opportunities of the Industrial Revolution. In a mood of great celebration according to accounts in local newspapers, the cornerstone of the large Gothic main building was laid on September 11, 1875 at 13th and Locust Streets. Over Rose’s strenuous objections, the Board of Managers changed the name of the school to Rose Polytechnic Institute to honor its founder. Eight years later in March of 1883, with a secure endowment, substantial buildings and laboratories, and a carefully selected faculty of seven under the leadership of Charles O. Thompson, the school opened for the instruction of twenty-five men. All were enrolled in the Department of Mechanical Engineering. Included in their numbers were three “upperclassmen” who would constitute the first graduating class of June 1885. In succeeding years, new majors were added as the demands of industry and the interests of students changed. For example, in 1887 the civil engineering major was fully established, and two years later Walter Wiley earned a degree from the Chemical Department, becoming Page 4 Rose-Hulman Institute of Technology Staff Handbook. the Nation's first chemical engineer. In the early 1890s a strong interest in electrical engineering swept the student body. In fact, all but two in the class of 1893 made the switch to electrical engineering amid the excitement of this new source of power and energy. From the beginning, the students worked and studied long hours. For many years, the curriculum was basically taught on a six day basis (half days on Saturday). The faculty met weekly to evaluate the academic progress and social behavior of each and every student. But, students being students, they found outlets for extra energy and creativity. The first social fraternity, Alpha Tau Omega, was chartered in 1893, followed by Sigma Nu in 1895, the P.I.E.S. (later Theta Kappa Nu, then Lamda Chi Alpha) in 1900, and Theta Xi in 1907. More recently Triangle, Phi Gamma Delta, Delta Sigma Phi, Pi Kappa Alpha, Chi Omega, and Delta Delta Delta were chartered. The students literally ran athletics, paying a special fee to finance the purchase of equipment and the traveling expenses of the various teams. A field day event in 1889, at which Rose bested Indiana Normal, was the first intercollegiate competition. Other outlets for student time and talent were started, and many of our same clubs and activities like the Modulus, student government, a form of intramurals, drama, chorus, and band were firmly established. Through wars and national recessions and depressions the school flourished. Even in tough times, students and their families found the resources to pay the expenses of a Rose education. Scholarships were few, but most students found ready employment in the large number of existing factories and mills, particularly during summers. Local boys did have some advantage over those from outside the county. No tuition was charged to Vigo County residents until 1922, when the move to the new school necessitated the change in policy. As early as 1908 plans to move to a larger location were being discussed. The open fields of 1874 had given way to factories and boarding houses, leaving no room for the school to expand. The opportunity to do so came in 1917 when the Hulman family sold to the Board of Managers 123 acres of farmland east of Terre Haute on the National Road. Later the Hulman’s would donate the purchase price back to the school as part of their contribution to the school’s first national fund drive. On September 13, 1922 (WWI and a major recession had delayed construction) the cornerstone of what would become Moench Hall was laid. For many years it was the sole classroom/laboratory facility on campus. Deming Hall, the first student residence, was added in 1926. Following WWII, a succession of presidents of vision and intellect built the campus we have today. The growth in the student body led to the construction of four residence halls and married student apartments. Many of the fraternities built houses on the east side of campus. Hulman Union was made possible by the Hulman Foundation in 1966. Templeton was remodeled in 1969, Crapo Hall built in 1970, and a new library and recreation center were built before the decade ended. In the 1980s Moench Hall was entirely remodeled and Hadley and Olin Halls built. In the 1990s, Hulman Union was doubled in size, the Olin Foundation provided a major expansion of Olin Hall, the old field house and recreation center gave way to America’s finest small college athletic complex, and a new residence hall. Page 5 Rose-Hulman Institute of Technology Staff Handbook. In addition to all of the growth in the size of the student body and changes in the landscape, Rose Poly was rechristened in 1970. The holdings of the Hulman Foundation were donated to the school in December 1970 and the Board of Managers voted to rename the school the Rose-Hulman Institute of Technology in recognition of the longstanding support of the Hulman family. The crowning event of the school’s history in the last decade of the century was the decision to become coeducational. The graduate program had long since admitted women, so there were female alums. However, admitting women to the undergraduate student body was a decision not lightly made. All constituencies, students, faculty, staff, Board members, alums, and friends, had to be convinced that it was the right thing to do for the continued success of the Institute. A pioneering group of ISU coeds took classes here during the 199495 school year, with plans to transfer in as upper class students when the school officially admitted its first coed class in the fall of 1995. From its beginnings at 13th and Locust to its move in 1922 to the former Hulman family farm and rebirth as the Rose-Hulman Institute of Technology in 1970, the school has been devoted to helping young people pursue the very best education possible. From a graduating class of three mechanical engineers, the school has grown to an enrollment over 1500, including graduate students and a hundred plus professors teaching in Applied Optics, Chemical Engineering, Chemistry & Life Sciences, Civil Engineering, Computer Science, Electrical and Computer Engineering, Humanities & Social Sciences, Mathematics, Mechanical Engineering, and Physics. Today’s students work and study in an environment of high technology, laptops, virtual classrooms, internships and co-ops, and group projects. Mandolin and telegraph clubs have given way to the Solar Phantom and aerial robotics. Students leave the school for employment in a global marketplace possessing a keen commitment to their profession and life-long learning. So, while the mission of Rose-Hulman may have expanded over the years, the same focus on being the best place for an undergraduate education in mathematics, science, and engineering still remains, true to the vision of Chauncey Rose. 1.04 Campus Map See Appendix 1 1.05 Governing Authority The ultimate governance of the Institute lies with the Board of Trustees, which is charged with "the management of the business and prudential affairs of the Institute." The Board has 35 members, 32 selected by the Board, two alumni nominated through the Alumni association and elected by the Board, and the President of the Institute. The Board holds three annual meetings: Homecoming, mid-winter, and Commencement. 1.06 Organizational Chart See Appendix 2 1.07 Human Resources The mission of the Office of Human Resources is to coordinate the hiring process, provide continuous employee development by supporting the evolving needs of employees, and to Page 6 Rose-Hulman Institute of Technology Staff Handbook. serve as a reliable source of information for faculty and staff. The office provides direction and guidance in administering Institute personnel policies, payroll services, benefits administration, professional development and training The Office of Human Resources provides various support services to all departments of the Institute to help attract, develop, and retain the human resources needed to effectively accomplish the Institute’s mission. The Office of Human Resources is available to support departments in their administration of the policies set forth in the staff handbook. 1.08 Employee Relations Committee The Employee Relations Committee is a liaison between the administration and employees (faculty and staff) to facilitate decisions that involve compensation and fringe benefits to promote a smooth running workplace. The committee also is charged to provide a suitable forum for mediating conflict, to facilitate change, and to advocate for a fair and supportive workplace as outlined in the Fair Treatment Practices Policy (See Section 7.0 Fair Treatment Practices Policy). The committee is composed of six faculty members and six staff members (3 from exempt classification and 3 from non-exempt classification) appointed by the President. The Director of Human Resources, Benefits Coordinator and Vice President for Business and Finance serve as ex-officio members. This committee meets regularly during the academic year. 1.09 Staff Representative (REV. 04/04/15) The Staff Representative is a professional/exempt staff member who is elected by the staff and serves a two year term effective July 1st. The Staff Representative serves three primary roles: A confidential resource (Ombudsman) to assist staff in matters relating to their job at Rose-Hulman. The Staff Representative is to be open-minded and not pass judgment. The Staff Representative may meet in confidence with the Director of Human Resources to seek ways of resolving conflict. The Staff Representative will reference the Staff Handbook regarding policies and procedures, explain employment practices, listen and offer counsel as required, and attend at the request of the staff member, meetings with the supervisor and/or Director of Human Resources. A member of the Ombudsman Committee which provides staff with an additional confidential channel for addressing workplace concerns. The Committee members serve to help staff express needs, identify issues, and explore possible solutions to concerns. The Faculty Representatives are also members of the Ombudsman Committee. An ex-officio member of the Business Administration Committee of the Board of Trustees (or other Committee as designated by the Board of Trustees) for the primary purpose of providing communication between the Staff and the Board of Trustees. This Representative may, when invited, attend meetings of the Board of Trustees and the President’s Cabinet. The Staff Representative will serve as “Staff Teller” at the conclusion of his/her two year term. The Staff Teller, in conjunction with the Director of Human Resources, will conduct the voting process for election of the new Staff Representative. Page 7 Rose-Hulman Institute of Technology Staff Handbook. 1.10 Ombudsman Committee The Ombudsman Committee provides staff with a confidential and informal channel for addressing workplace concerns. The committee members help staff express needs, identify issues, and explore possible solutions to concerns. The members consist of the elected faculty and staff representatives to the Board of Trustees. The President may appoint additional persons to the committee to ensure diversity. Page 8 Rose-Hulman Institute of Technology Staff Handbook. 2.00 GENERAL EMPLOYMENT POLICIES Employment at Rose-Hulman Institute of Technology is based on the ability to perform the services required with or without reasonable accommodations in compliance with the Americans with Disabilities Act (ADA) (See Section 2.02 Americans with Disabilities Act). Work expectations and responsibilities will be explained by the supervisor during the interview process and also during employment. 2.01 Equal Employment Opportunity (REV. 07/01/14) Rose-Hulman Institute of Technology is an equal opportunity employer. It is the Institute’s policy to treat all employees and applicants equally according to their individual qualifications, abilities, experiences and other employment standards. Rose-Hulman will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, religion, sex, pregnancy, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, sexual orientation, gender, gender identity or expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any complaint process on campus or within the Equal Employment Opportunity Commission or other human rights agencies. 2.02 Americans with Disabilities Act (ADA) The Americans with Disabilities Act of 1990 (ADA), prohibits employers from discriminating against a qualified individual with a disability in the employment process. The Institute will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. The Equal Employment Opportunity Commission is charged with enforcing the employment discrimination elements of the ADA. 2.03 Conflict of Interest (REV. 09/01/04) It is the policy of the Institute to expect its staff, while acting for or engaging in an activity affecting the Institute, to do so with loyalty to the Institute and maintenance of the highest standards of ethics and awareness of conflicts of interest, both in fact and appearance; to respect the rights of staff to engage in activities outside the normal scope of their role at the Institute, provided such activities do not conflict with or reflect adversely on the Institute's interest, or deprive the Institute of an appropriate measure of their time and effort (conflict of commitment); this policy shall not be construed so as to unreasonably or unfairly curtail the Institute policy on academic freedom. Every staff member will complete a written Conflict of Interest Disclosure form (See Appendix 15 Conflict of Interest Policy and Procedures) during new employee orientation and annually thereafter. Records will be maintained in the Institute's secured, confidential files in the Office of Business and Finance 2.04 Intellectual Property The Intellectual Property Agreement described in the Intellectual Property Policy dated February 24, 1989 (See Appendix 3) relates to technology developed by current faculty, staff, students, and others participating in Institute programs. The term “technology” is broadly defined and includes technical innovations, improvements, inventions and discoveries, as well as writings, computer software, and other information in various forms. The policy defines the ownership, distribution, and commercialization rights associated with such technology in the form of intellectual property; (e.g., Page 9 Rose-Hulman Institute of Technology Staff Handbook. patents, copyrights, trademarks, and mask works, and also defines policies and procedures which govern use and distribution of the technology in its tangible form; (e.g., integrated circuit chips, computer software, biological organisms, engineering prototypes, engineering drawings, and other property which can be physically distributed). The policy also sets forth a distribution formula for royalties received by the Institute from technology/intellectual property licenses. Employees are requested to sign “Exhibit-A”, Intellectual Property Agreement, during employee orientation to indicate compliance with the Institute’s policy. 2.05 Discrimination, Harassment and Sexual Misconduct (REV. 07/01/14) In accordance with Title VII of the Civil Rights Act of 1964 and Title IX, the Institute has established a Policy for Civil Rights Equity (See Appendix 4). Any employee who believes that he or she has been the subject of discrimination, harassment, or sexual misconduct (See Appendix 4 for definitions) should comply with the reporting procedures set forth in the Rose-Hulman Policy for Civil Rights Equity Complaint Resolution. A report of the discrimination, harassment, or sexual misconduct should be made promptly to one of the Title IX Co-Coordinators, as stated in the attached policy. After appropriate investigation, any individual who is found to have engaged in sexual harassment will be subject to appropriate sanctions up to and including termination. 2.06 Nepotism Relatives will not normally be hired or transferred into positions where they directly or indirectly supervise or are supervised by another close family member. In the rare instance in which there is such a hire or transfer, appropriate action should be taken to minimize potential conflict. The hiring of two individuals of the same family in the same department is permissible. 2.07 Tobacco Use Policy (REV. 03/01/16) The Institute is dedicated to providing a healthy, comfortable, and productive environment for all students, faculty, staff and guests on the campus. The Institute recognizes the health hazards associated with using smokeless and smoking tobacco products and the adverse effects of exposure to second hand smoke by nonsmokers. Tobacco is defined as all tobacco-derived or containing products, including and not limited to, cigarettes (e.g., clove, bidis, kreteks), electronic cigarettes, cigars and cigarillos, hookah smoked products, pipes, and oral tobacco (e.g., spit and spitless, smokeless, chew, snuff) and nasal tobacco. It also includes any product intended to mimic tobacco products, contain tobacco flavoring, or deliver nicotine other than for the purpose of cessation. The Institute complies with the Indiana Vigo County Clean Indoor Air Ordinance which prohibits smoking in all enclosed interior areas including offices. In addition, to comply with the Indiana Smoke Free Air Law and in order to preserve this environment in all interior areas, smoking is also not permitted within a 30 foot radius of the exterior of any building entrance. This is to avoid the unintended consequence of smoke drifting into the building via opened entrances or air intakes. The Institute has taken the additional steps of designating the academic core tobacco free. The tobacco free area is bordered by the roadway encompassing all academic buildings. To assist tobacco users in this area, a designated smoking area has been selected in the northwest corner of the Moench Hall parking lot and marked by signage. Please click here to view the map. To meet our goal of providing a healthy campus environment, the Institute also commits to provide a tobacco free campus as of July 1, 2017. Page 10 Rose-Hulman Institute of Technology Staff Handbook. It is the responsibility of each individual area department head and/or director, in conjunction with the Director of Environmental Health and Safety and the Office of Public Safety, to ensure faculty, staff, visitors, contractors, etc. are appropriately informed of this policy. It is the residence life staff’s responsibility to ensure students, parents, guests, etc. are appropriately informed of this policy. For violations and penalties, see Appendix 14 or Clean Indoor Air Ordinance, Section 3-58-8. 2.08 Drug Free Workplace Policy Employees are to comply with all federal, state, and local laws regarding drugs, narcotics, and alcohol. Abuse of drugs and alcohol is dangerous to employees’ health and the safety of the workplace, and the Institute will not tolerate the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances on campus (See Appendix 5). 2.09 Employment of Minors The Institute must secure an employment certificate before a minor 14-17 years of age is permitted to work. This includes minors who are 16 or 17 years of age and no longer enrolled in school. (Exception: Minors under the age of 18 who have graduated from high school do not require employment certificates). Contact Human Resources for assistance in obtaining an employment certificate. 3.00 GENERAL EMPLOYMENT PRACTICES 3.01 Employee Orientation New employees receive specific information from Human Resources and their supervisor to orient them to their new position and the policies and responsibilities of the Institute. During the first few days of employment, Human Resources conducts orientation which provides an overview of the policies and practices, fringe benefit programs, payroll information, and responsibilities of an employee to the Institute. In addition, new employees receive information from their supervisors concerning specific job duties, work schedules, performance expectations, and materials or equipment needed to perform job functions. Finally, new staff and their spouses will be invited to attend the New Faculty, Staff and Spouse Orientation Program in August during the first year of employment. This orientation is conducted by the President with presentations from the area Vice Presidents. 3.02 Employee Identification Cards Employees must obtain an employee identification card during their first week of employment. The Office of Student Affairs, located in the lower level of the Union Building, is responsible for issuing the identification cards. The identification card serves as a library card, meal card if you are on a meal plan option, and permits initial access to the Sports and Recreation Center. The identification card can also be used to check out publications at the Indiana State University and St. Mary-of-theWoods College libraries. Page 11 Rose-Hulman Institute of Technology Staff Handbook. Temporary employees are not eligible to receive an employee identification card. 3.03 Keys (REV. 02/08/12) The Senior Director of Facilities Operations administers regulations and procedures consistent with Institute policy to control campus keys and electronic access associated with assets owned, leased, rented, or temporarily controlled by the Institute and their occupants. Rose-Hulman Institute of Technology established a Keys and Electronic Access policy to promote the safety and security of the Institute. The safety and security of our campus is dependent upon adherence to and enforcement of this policy. Institute keys will be issued to key recipients only when authorized by a Vice President, Department Head or their designated representative. Key recipients will sign a key receipt form. Key recipients will maintain possession and security of all Institute keys and/or electronic access cards. Key recipients will immediately report loss or theft of Institute keys or electronic access cards to their Vice President or Department Head, the lock shop staff and the Office of Public Safety. Key recipients will return keys issued by the locksmith by the due date. A personal lock, locking device, or padlock may not be used on any equipment owned, leased, or rented by the Institute without prior approval of the Office of Public Safety. Padlocks are only permitted on athletic lockers and lockers in the Hulman Union. For further information regarding the Key and Electronic Access Control Policy (See Appendix 13). 3.04 Parking Employees are allowed to park in various parking lots throughout campus. Vehicles that are driven to work are to be registered with the Office of Public Safety. A parking decal may be obtained, free of charge, by completing a Vehicle Registration Form during new employee orientation. At the time of registration, faculty and staff members will receive a map of designated parking locations. Vehicles without a parking decal or vehicles parked in non-designated areas will be ticketed and may be towed. 3.05 Facilities and Services ATM Machines There are two ATM machines from First Financial Bank located on campus. One ATM machine is located in the lower level of the Hulman Memorial Union building and the other is located in the lower level of Moench Hall canteen area. Athletic Facilities The Sports and Recreation Center is available for use by all full-time and part-time employees and their families in accordance with the operations manual which is available from the Director of Sports and Recreation Facilities. Bookstore The Rose-Hulman Bookstore is located in the lower level of the Hulman Memorial Union building and provides textbooks, office supplies, art supplies, cards, stationery, clothing, gifts and sundry items. Employees may cash personal checks up to $150.00 with proper identification. Page 12 Rose-Hulman Institute of Technology Staff Handbook. Computing Center Technical Services Center is operated as a complete computational and information processing service for both the academic and administrative functions of the Institute. Questions and/or problems should be reported to the Help Desk Operator in room G-108 by calling extension 8989 or e-mail “helpdesk@rose-hulman.edu.” Fax Machines, Copiers, Printing, and Telephones FAX machines and copiers are available throughout the Institute for departmental needs. The print shop provides full service printing services to meet department needs. Printing services for personal use are also available. Contact the Print Shop Supervisor for rates. Employees will be provided information regarding the Meridian Voice Mail System utilized throughout campus. Long distance phone calls in accordance with Institute business can only be made using a Personal Security Code (PSC) that can be obtained by calling extension 8518. A Personal Security Code (PSC) can also be obtained for personal use. Food Services The Institute provides dining services in the Hulman Memorial Union building through ARAMARK Dining Services. Employees are welcome to eat lunch in the Faculty/Staff dining room during the academic year. During the summer months, employees are welcome to eat lunch in the student dining room. During some school break periods, the dining services are closed. Frequent diners on campus may purchase a meal plan from the various options available or pay on a cash basis. In addition to the Faculty/Staff dining room, the Worx snack bar in the lower level of the Hulman Memorial Union building is available for dining needs. Institute Equipment Various Institute equipment or property is entrusted to each employee to perform work assigned. If the equipment is in need of repair, servicing or cleaning, it is expected that the employee will report it to the supervisor and then follow up to see that such maintenance is accomplished. Equipment entrusted to the employee for use in work responsibility must be returned upon separation from the Institute. Library Logan Library has a scientific and technical collection of numerous volumes with a representative sampling from the social sciences and humanities. Employees may use the library. A current employee identification card is needed to check out publications. The Digital Resource Center (DRC) is also located in the library. The focus of the DRC is to provide faculty, staff and students with a resource center for high-level presentation preparation, web page creation, video streaming, and other technologies to enhance the ability to provide the best learning and teaching experience possible. Mail Services (REV. 10/01/02) The Mail Distribution Center (MDC) sorts all incoming mail delivered to the Rose-Hulman campus for students, faculty and staff. It is the responsibility of Mail Services to ensure Institute compliance with USPS regulations and any other Institute, local, state, or federal policies relating to mail Page 13 Rose-Hulman Institute of Technology Staff Handbook. requirements. The Mail Processing Center (MPC) handles all outgoing mail and offers a complete line of mail preparation services. The US Postal Services offers postal rate reductions for various classes of mail that require automated mail processing, and the MPC offers a complete line of automated mail preparation services to meet those needs. For more information, please visit the Administrative Services link on the Rose-Hulman web site http://www.rose-hulman.edu/Users/groups/AdminSvcs/html/mail/index.htm. A Mail Services Guide is available for more complete information on mail piece preparation and processing. Mileage Reimbursement Employees are encouraged to reserve an Institute-owned vehicle, if available, when conducting Institute business. If an Institute-owned vehicle is not available, mileage reimbursement will be made at the rate established by the Institute. The employee must submit a Travel and Entertainment/Expense Report requesting reimbursement to Accounts Payable. Notary Public (REV. 08/18/10) Notary public services are provided free of charge through the following offices: Academic Dean's Office, Business Office, Civil Engineering, Communications and Marketing, Institutional Advancement, Rose-Hulman Ventures, and Student Affairs. Uniforms The Institute supplies either uniforms or a clothing allowance for members of the maintenance, custodial, housekeeping, and public safety staff. Institute provided uniforms are to be returned upon separation of employment while staff members receiving a clothing allowance retain uniforms upon separation. 3.06 Job Description Prior to hiring a new staff member, a job description is written or revised by Human Resources in conjunction with the supervisor and/or previous incumbent. The job description outlines job functions, education and experience requirements, job requirements, knowledge, skills, and abilities necessary to perform the essential job functions. The job description is used as a guide for staff member job and performance expectations, to assist in professional development opportunities, and to achieve individual or departmental goals and objectives. It is the responsibility of both the supervisor and staff member to update and revise the job descriptions as it becomes outdated or at least annually. 3.07 Job Posting To ensure equal employment opportunity, hiring departments notify Human Resources to initiate campus-wide posting and external advertising of all open staff positions. The vacancy will be announced through electronic mail and posted in designated display cases located near the mail room and in Human Resources until the position is filled. Human Resources will refer qualified candidates to the hiring department. The hiring department selects candidates to be interviewed and makes the final hiring decision. Full-time staff are eligible to apply for vacant positions after one year of consecutive service in their current position. This policy may be waived if the new position results in a promotion and is approved by the staff member’s current supervisor (See Section 3.13 Promotions and Transfers). Part-time or Page 14 Rose-Hulman Institute of Technology Staff Handbook. temporary staff may apply for full-time or regular positions after successful completion of the initial review period. Interested staff members should contact Human Resources to apply. The hiring department selects candidates to be interviewed and makes the final hiring decision. 3.08 Employment Letters The Institute issues employment letters to new employees upon hire. These employment letters are generated by Human Resources at the request of the hiring supervisor, and are signed by the President. This employment letter indicates the starting salary, title, designated work hours (if applicable), start date, initial review period (See Section 3.11 Initial Review Period) and summarizes fringe benefits (if applicable). This employment letter is not a contract of employment nor does it guarantee continuous employment. Prior to July 1, continuing employees will receive an employment letter indicating title and salary. Employees are requested to sign the letter as notification to the President of their intent to continue employment. 3.09 Employment Status A position is classified as exempt or non-exempt based on criteria established by the Fair Labor Standards Act (FLSA) (See Section 3.06 Job Description). The Institute maintains the following position classifications for all staff positions: Exempt Staff members paid on a salaried basis and whose essential responsibilities and job duties are such that the position meets the exemption test as defined by the Fair Labor Standards Act (FLSA) and therefore, the position is exempt from overtime pay requirements. Non-Exempt/Salaried Staff members paid on a salaried basis and whose essential responsibilities and job duties are such that the position does not meet the exemption test as defined by the Fair Labor Standards Act (FLSA) and therefore, the position is not exempt from overtime pay requirements. Since the position does not meet the exemption test, the law requires that the staff member be paid at the rate of one and one half (1½) times their regular rate of pay for any and all hours worked in excess of forty (40) hours in a work week. Non-Exempt/Hourly Staff members paid on an hourly basis and whose essential responsibilities and job duties are such that the position does not meet the exemption test as defined by the Fair Labor Standards Act (FLSA) and therefore, the position is not exempt from overtime pay requirements. Since the position does not meet the exemption test, the law requires that the staff member be paid at the rate of one and one half (1½) times their regular rate of pay for any and all hours worked in excess of forty (40) hours in a work week. The employment status of all employees is determined by the Department of Labor pursuant to the Fair Labor Standards Act (FLSA). Within these position classifications are the following employment statuses for all staff positions: Full-Time Employees working a minimum of forty (40) hours per week (2080 hours annually). FullTime employees are eligible for all fringe benefits provided by the Institute. Part-Time (benefits eligible) Employees working a minimum of thirty (30) hours per week (1560 hours annually) but not Page 15 Rose-Hulman Institute of Technology Staff Handbook. to exceed thirty-nine (39) hours per week . Part-Time (benefits eligible) employees are eligible for all fringe benefits provided by the Institute. Part-Time Employees working a minimum of twenty (20) hours per week (1040 hours annually) but not to exceed twenty-nine (29) hours per week. Part-Time employees are eligible for pro-rated fringe benefits provided by the Institute. Temporary Employees (employed through the Institute) working for a defined period of time not to exceed 999 hours in a twelve (12) month period. Temporary employees are not eligible for fringe benefits provided by the Institute. Individuals employed through a temporary agency do not qualify for Institute benefits. 3.10 Work Schedules The Administrative and Academic offices are open Monday through Friday 8:00 a.m. to 5:00 p.m. unless otherwise indicated by the area supervisor. Variable work hours based on department needs are established by the supervisor in conjunction with the next level supervisor. Staff members are expected to arrive on time for work and to meet all work commitments (See Section 6.00 Codes of Conduct). Any variation from the regular work schedule should be approved in advance by the supervisor. In reporting an absence, staff members are expected to contact their supervisor as soon as possible. Voice mail messages are discouraged as a means of notification unless the staff member is instructed to do so by the supervisor. The Institute supports flextime in order to accommodate the reasonable requests of staff members for alternative work schedules when consistent with the needs of the departments. Breaks and Rest Periods Hourly staff members are permitted two (2) fifteen (15) minute break periods for every eight (8) hours worked. These break periods may be designated for specific times during the shift at the discretion of the supervisor. Occasionally, if the nature of work makes it impractical to observe break periods, the half-hour (½) meal break may be extended with prior supervisory approval. Hourly staff members are paid for meal breaks and, therefore, are requested to remain on campus during meal breaks in the event a situation arises which requires immediate return to work. Hourly staff may be permitted to leave campus during meal breaks with prior supervisory approval. Reasonable Breaks for Nursing Mothers (REV 07/01/10) The recently implemented Healthcare Reform Law amends the Fair Labor Standards Act (FLSA) to require employers to provide non-exempt employees who are nursing mothers with a reasonable break time when they need to express breast milk for the first year following the birth of a child. To be in compliance, Rose-Hulman has established a lactation room located in the Office of Human Resources in Moench Hall, Room A113D. There is privacy, a chair, electrical outlet and refrigerator for storage of the expressed milk. Employees using the refrigerator for expressed milk will provide Page 16 Rose-Hulman Institute of Technology Staff Handbook. their own clearly labeled container with their name. If the employee has a private office, they may prefer to express milk in their office and bring their own storage cooler for storage of their expressed milk. Supervisors might expect an average employee to need between 15 – 20 minutes of break time every two to four hours to express milk which may vary, depending on the individual employee. 3.11 Initial Review Period New staff is subject to a ninety (90) calendar day initial review period. This period is designed for the Institute and the employee to evaluate the new employment condition. The supervisor may conduct a performance appraisal with the employee at any time during this period. At the end of this initial review period, the supervisor must complete a written performance appraisal of the employee and recommend one of the following: • Successful completion of the initial review period; employee changed to full or part-time employment status • Extension of the review period not to exceed another ninety (90) calendar days • Termination of employment Beyond the initial review period, an employee may be placed on probationary status at any time during employment for unsatisfactory conduct or performance (See Section 8.00 Corrective Action Procedure). 3.12 Performance Management (REV. 10/01/02) The performance management process provides the opportunity to dialogue between the employee and supervisor regarding job performance, professional development opportunities, job responsibilities, and performance expectations. The employee is also provided an Employee SelfAppraisal questionnaire to complete prior to the performance appraisal discussion with the supervisor. The employee should bring the completed self-appraisal form to the performance appraisal discussion meeting. The Job Description and/or Job Analysis Questionnaire is to be reviewed with the employee to ensure the job description accurately reflects the essential job functions. A completed Performance Appraisal form signed by the supervisor and employee, a revised Job Description or Job Analysis Questionnaire, and Employee Self-Appraisal are the products of this performance management process. The employee’s signature on the form indicates the appraisal has been reviewed with them. A copy of the Performance Appraisal and Employee SelfAppraisal is provided to the employee and the original forms, along with the Job Description and/or Job Analysis Questionnaire is returned to Human Resources and incorporated in the employee’s central personnel file. A Performance Improvement Plan must be completed for each general factor that is rated as “Needs Improvement” on the Performance Appraisal form. It is NOT corrective action! It is used to identify performance issues, communicate expectations and define what improvements need to be made by establishing measurable goals for attaining improvements. It identifies how the employee will accomplish these goals and how the supervisor will help support the employee to meet these goals. (See Appendix 6 Performance Appraisal). A performance appraisal will be conducted for each employee at the end of the initial review period and annually thereafter during the month of the anniversary date of employment. 3.13 Promotions and Transfers To maintain employees of the highest quality, the Institute provides equal opportunity for the Page 17 Rose-Hulman Institute of Technology Staff Handbook. recruitment, professional growth, and advancement of all employees. The Institute encourages promotion and transfer of current employees whenever possible. A promotion occurs when an employee leaves one classified position to go to another of increased responsibility and with higher compensation. This may involve moving from one department to another; however, it may occur within the same department when two separate positions are involved. Full-time staff are eligible to apply for positions after one year of consecutive service in their current position. This policy may be waived if the new position results in a promotion and is approved by the staff member’s current supervisor. Part-time or temporary staff may apply for full-time or regular positions after successful completion of the initial review period. Staff members meeting minimum job qualifications should contact Human Resources to apply. The hiring department selects candidates to be interviewed and makes the final hiring decision. (See Section 3.07 Job Posting) for more information regarding employment opportunities. 3.14 Position Reclassification Position reclassification occurs when the essential job functions of the position have changed significantly. The current job description is reviewed and revisions are completed by the supervisor and staff member. The new job description will be reviewed by the supervisor and next level supervisor in consultation with Human Resources. The outcome of the position review may result in a title change and/or salary adjustment which is determined by the supervisor and next level supervisor, with final approval by the President. 3.15 Personnel Records The Institute complies with all applicable Federal laws governing personnel records, their creation, handling, and retention. Human Resources maintains a central personnel file for each employee containing documentation on employment, benefits, compensation, performance appraisals, corrective action, and other pertinent information. The information in the employee’s central personnel file is considered confidential and is secured when not in use and may be reviewed only by the following: • The employee who is the subject of the file • The employee’s supervisor who is considering the employee for promotion, transfer, reassignment, demotion, dismissal, or other personnel actions • Other supervisory personnel, with the employee’s written authorization • An attorney or designee of the employee, with the employee’s written authorization • Controller (payroll information only) • Human Resources staff • An attorney representing the Institute in connection with any action threatened or brought against the Institute • Other persons acting in compliance with Federal, state or local laws such as auditors, wage and hour personnel, equal employment opportunity investigators, etc., or in response to a lawfully issued subpoena or court order (employees will be notified of a subpoena or court order by Human Resources) The employee’s central personnel file shall be reviewed in Human Resources in the presence of a Human Resources staff member. Employees may take notes, make copies, and notify Human Resources of any incorrect information contained in the file. The information in the central personnel files is the property of the Institute and may not be removed. Page 18 Rose-Hulman Institute of Technology Staff Handbook. Retention of Corrective Action Records Documentation of corrective action will be retained in the staff member’s central personnel file. After a period of one year, in the event of a positive resolution and continued active employment, the corrective action shall be considered concluded however, documentation will remain in the employee’s central personnel file (See Section 8.00 Corrective Action Procedures). Changes in Employee Information In order to ensure accuracy of employment information, employees are required to notify Human Resources of all changes in employee or dependent status within thirty (30) days of the event. A change in employee or dependent status includes, but is not limited to: • Marriage • Divorce • Birth • Death • Adoption • Dependent no longer meets IRS requirements for dependent status • Dependent reaching age twenty-five (25) Employees enrolled in the health insurance plan who delay this notification may lose the right for continuation of coverage through the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) (See Section 9.05 COBRA Continuation Coverage). Other changes of status which must be reported to Human Resources for payroll, insurance, and retirement purposes include, but are not limited to the following: • Name • Address • Telephone Number • Income tax exemptions • Beneficiary 3.16 Release of Employment Information Human Resources receive written requests for information concerning employment verification from potential employers, financial institutions, and rental properties. This information will be provided only if the request includes a written authorization and release from the employee. When information is requested by phone, Human Resources will only confirm or deny information given on dates of employment, position held, and employment status. Page 19 Rose-Hulman Institute of Technology 4.00 EMPLOYEE COMPENSATION AND TIME RECORDS 4.01 Pay Periods Staff Handbook. Monthly Employees paid monthly are paid on the 25th of the month for the current month. Bi-Weekly Employees paid hourly are paid bi-weekly on a Friday for work completed the prior two weeks according to a bi-weekly pay schedule. The seven (7) day work week for employees paid on an hourly basis begins on Sunday 12:00 a.m. and ends on Saturday 11:59 p.m. If the normal pay date falls on a weekend or Institute holiday, employees will be paid on the last regular business day preceding the weekend or Institute holiday. 4.02 Direct Deposit Employees are required to arrange for direct deposit of their pay to the financial institution of their choice. Funds may be deposited in up to three accounts. During new employee orientation, appropriate direct deposit authorization forms, along with other payroll information, will be completed (See Section 3.01 Employee Orientation). Any changes to direct deposit authorization forms should be completed and returned to Human Resources. 4.03 Pay Deductions The Institute is required by Federal law to withhold social security taxes, and Federal, state, and local income taxes from employee payroll. Employees are required to complete withholding tax forms to advise Human Resources of individual tax liability. Each time withholding information changes, the employee must complete and forward new forms to Human Resources. The Institute is required to honor garnishments, wage assignments, and levies to the extent prescribed by law. Other deductions may only be made by written authorization of the employee. 4.04 Pay Advances The Institute does not authorize pay advances. 4.05 Pay Increases Employee compensation is reviewed annually by the President and department supervisors. Any annual pay adjustments take into consideration cost of living, job performance and/or available funding and are effective July 1 for staff. Pay adjustments may be made at other times of the year as deemed necessary. Annual pay adjustments are approved by the President. (See Section 3.08 Employment Letters). 4.06 Overtime Pay According to the Department of Labor, employees in a non-exempt position are entitled to overtime pay for hours worked in excess of forty (40) hours in a work week (See Section 4.01 Pay Periods). Each work week stands alone for the calculation of overtime pay. Overtime pay is calculated at one and one-half (1½) times the regular rate of pay. Overtime must be approved in advance by the supervisor. In computing hours worked for overtime pay, the Institute has established that vacation, sick hours and observed holidays paid within the work week will be considered as hours worked. Page 20 Rose-Hulman Institute of Technology Staff Handbook. 4.07 Time Off In certain circumstances, time off, is an alternative to overtime pay for staff in non-exempt/salaried positions. Time off may be taken, at supervisory discretion, in one of two ways: A). In order to avoid working more than forty (40) hours in a work week, time off at the rate of one hour off for one hour worked may be taken during the same work week so no more than forty (40) hours is worked in that work week. B). If more than forty (40) hours is worked in one week of a pay period, time off may be taken in the other week of the same pay period at the rate of one and one-half (1 ½) hours off for each hour worked over forty (40), in place of overtime pay. Time off cannot be banked for future use. The overtime will be paid on the next regularly scheduled pay date. 4.08 On-Call and Emergency Call In Departments may designate an exempt staff member as “on-call” for handling after hour emergencies. As deemed necessary by the “on-call” staff member, hourly staff may be called in to work. Time worked during the “on-call” time will be paid based on the actual amount of time worked. For hourly staff members not “on-call”, but called to work due to an emergency will be paid a minimum of two (2) hours pay. These hours are counted as hours worked for calculating overtime and are to be recorded on the appropriate time card. “On-call” responsibilities of exempt staff may be a job function of their position and no additional compensation is given. 4.09 Holiday Pay All observed holidays for the Institute are found in the Faculty/Staff Directory published in August of each year and on the Human Resources web site. The Institute observes 4-5 holidays during each fiscal year by designating eight (8) days off in observance of these holidays. Full-time staff will receive their regular rate of pay and time off for each holiday. Part-time staff will receive holiday pay and time off only for holidays the employee is regularly scheduled to work, and only for the regularly scheduled number of hours for that day. Temporary staff and staff on leave of absence are not eligible to receive holiday pay. Staff scheduled to work on a designated holiday will receive eight (8) hours of holiday pay in addition to the regularly scheduled work hours. An observed holiday will be considered in the calculation of overtime pay. Example: scheduled to work the Memorial Day holiday employee would be paid: Forty (40) hours at regular rate of pay Eight (8) hours holiday pay at one and one-half (1½) times regular rate If an observed holiday is during a scheduled vacation period, the employee will be paid the holiday pay and the vacation day may be taken at a later date. 4.10 Inclement Weather (REV. 01/19/12) Any decision to cancel classes and close the school is made by the President or by another Executive Officer of the Institute in the President’s absence. If the Institute remains open, employees are expected to report to work (See Appendix 7). Employees who are considered “essential personnel” based on their immediate job functions and/or as requested by their supervisor, may be required to remain on campus or to report to campus after the campus closing. Page 21 Rose-Hulman Institute of Technology Staff Handbook. 4.11 Time Records Exempt Positions (REV. 10/01/04) According to the Fair Labor Standards Act (FLSA), staff members in an exempt position are not required to record hours worked However, since the Institute compensates separating staff members for unused vacation leave, and also compensates continuing staff members meeting certain criteria for sick leave (See Section 5.10 Leaves of Absence), staff members are required to record vacation and sick time taken electronically through the Banner Web for Employee “Time Entry” application no later than the tenth work day of the month for the preceding month. If vacation and sick leave is used in increments of less than one day, the leave should be recorded as hours (e.g.: 4 hours = 4). Non-exempt Positions According to the Fair Labor Standards Act (FLSA), staff members in a non-exempt position are required to record hours worked. Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period. Hours are computed in fifteen (15) minute increments and entered as decimals (e.g.: 8 ½ hrs=8.50 hours). Page 22 Rose-Hulman Institute of Technology Staff Handbook. Hours are recorded using the following pay codes: • R Regular • F Funeral Leave • FL Family & Medical Leave • H Holiday • S Sick • V Vacation • Z Unpaid • OT Overtime (hours in excess of forty (40) hours in one pay week) • TO Overtime taken off Hourly Positions Staff members in an hourly position are required to record hours worked according to the Fair Labor Standards Act (FLSA). Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period. Hours are computed in fifteen (15) minute increments and entered as decimals (e.g.: 8 ½ hours=8.50 hours). Hours are recorded using the following pay codes: • R Regular • F Funeral Leave • FL Family & Medical Leave • H Holiday • S Sick • V Vacation • Z Unpaid • OT Overtime (hours in excess of forty (40) hours in one pay week) Page 23 Rose-Hulman Institute of Technology 5.00 Staff Handbook. EMPLOYEE BENEFITS 5.01 Health Insurance Plan (REV. 10/01/04) The Institute provides a health insurance plan for the employee and eligible dependents. Monthly premiums are shared by the Institute and the employee, with the employee portion deducted on a pretax basis through the Section 125 Flexible Spending Account. To be an eligible participant, a person must be an eligible employee. An eligible employee is any individual who is a full-time or part-time (benefits eligible) employee who is regularly scheduled to work at least thirty (30) hours per week. An employee is eligible for coverage on the date of hire and has thirty (30) days from the date of hire to complete the enrollment form. The enrollment form is to be returned to Human Resources. If the enrollment form is not returned within thirty (30) days from the hire date, the employee cannot enroll in the health plan until the open enrollment period. During the open enrollment period, the employee is subject to the plan provisions limiting coverage for pre-existing conditions. (See Pre-existing Conditions Limitation in the Health Benefits Plan) booklet available from Human Resources. The plan provides in-network and out-of-network benefits to all participants. Medical coverage is based on usual and customary charges. Most in-network services are paid at 100%, less co-payment and deductible. Medical services are subject to an annual deductible and copayment. Out-of-network services are subject to an annual deductible and coinsurance. A prescription drug program is available through a pharmacy network. For further information regarding the health insurance plan, refer to the Health Benefits Plan booklet available from Human Resources. 5.02 Dental/Vision Plan (REV. 07/01/01) Monthly premiums are paid by the employee and deducted on a pre-tax basis through the Section 125 Flexible Spending Account. Preventive dental services are paid at 100% with no deductible. Orthodontia services are paid at 50% with no deductible and have a $1,000 maximum dollar benefit per eligible dependent. Basic services are paid at 80% with a deductible. Major services are paid at 50% with a deductible. Co-payments apply for vision services with no deductible. For further information regarding the dental/vision insurance plan, refer to the Group Insurance Benefits Plan booklet available from Human Resources. 5.03 Section 125 Flexible Spending Plan The Institute provides a Flexible Benefits Plan which is available to employees who are regularly scheduled to work at least twenty (20) hours per week. The Flexible Benefits Plan allows the employee to pay for un-reimbursed medical, dental, vision, and dependent care expenses through pretaxed dollars. Page 24 Rose-Hulman Institute of Technology Staff Handbook. For further information regarding the Flexible Benefits Plan refer to the Flexible Benefits Plan booklet available from Human Resources. 5.04 Life Insurance The Institute provides a life insurance program to eligible employees. The Institute pays the full premium to the insurance carrier. There is an employee tax liability for insurance coverage over an amount designated by the IRS (address questions to Human Resources). An eligible employee is any individual who is a full-time or part-time (benefits eligible) employee and is regularly scheduled to work at least thirty (30) hours per week. An employee is eligible for coverage on the first of the month following the hire date and has thirty (30) days from the hire date to complete the enrollment form. The enrollment form is returned to Human Resources. If the enrollment form is not returned within thirty (30) days from the hire date, the employee may still enroll in the life insurance plan but is subject to evidence of insurability. For further information regarding the Life Insurance Plan refer to the Group Life Insurance Benefits Plan booklet available from Human Resources. 5.05 Long Term Disability Insurance The Institute provides a Long Term Disability Plan to eligible employees. The Institute pays the full premium to the insurance carrier. An eligible employee is any individual who is a full-time or parttime (benefits eligible) employee and is regularly scheduled to work at least thirty (30) hours per week. An employee is eligible for long term disability coverage after one year of service. Coverage is based on sixty (60%) of the monthly salary base of the employee at the commencement of the period of continued total disability to a maximum of $10,000. The maximum benefit of $10,000 includes income payable from Social Security, Worker's Compensation, or any disability benefits payable under any retirement or insurance plan of the Institute. For further information regarding the Long Term Disability Insurance Plan refer to the Group Long Term Disability Insurance Plan booklet available from Human Resources. 5.06 Retirement Plan (REV. 07/01/2014) The Institute provides a Defined Contribution Retirement Plan for all benefits eligible employees. An eligible employee is any individual who is a full-time or part-time employee and is regularly scheduled to work at least twenty (20) hours per week. Page 25 Rose-Hulman Institute of Technology Staff Handbook. The Institute offers an Optional Early Retirement Plan (See Section 5.08 Optional Early Retirement Plan). Employees planning to retire from the Institute should notify their supervisor and Human Resources of their intent to retire at least thirty (30) days prior to the effective date of retirement. For further information regarding the Retirement Plan contact Human Resources. 5.07 Optional Early Retirement Plan (REV. 07/01/2014) The Institute offers an Optional Early Retirement Plan for employees with at least fifteen (15) years of service* who elect to retire between the age of 62 and prior to the 67th birthday. If an employee retires at age sixty-seven (67) or after, they are eligible for the Medicare supplement plan paid by Rose-Hulman for 5 years. Participation in the plan is voluntary. *One year of service is defined as working 1,000 hours or more during a twelve (12) month period. Eligibility Active employees who meet the minimum age and service requirements are eligible to retire under this plan. The following employees are not considered to be “active” employees: •employees on layoff status •employees receiving or eligible to receive disability benefits under the Institute’s Group Disability Insurance Plan Election Period Eligible employees must complete a written election form. The enrollment election period begins thirty (30) days prior to the date on which the eligible employee retires or terminates employment. The written election form notifies the Institute of the effective date of retirement. Failure to file the election form during the thirty (30) day election period will disqualify the employee from the plan. The election form is to be returned to the Benefits Coordinator in Human Resources. All staff are expected to submit their intent to retire in writing to Human Resources and their immediate supervisor at least one month prior to the planned retirement. The Institute has the right to evoke or amend the plan at any time at its discretion without affecting those already retired under an election. For election forms and further information regarding the Optional Early Retirement Plan, refer to the policy available from Human Resources. 5.08 Tuition Assistance Dependent Children Tuition (REV. 09/01/04) The Institute provides a partial college tuition assistance program to dependent children of eligible employees. An eligible employee is any individual who is a full-time employee or part-time (benefits eligible) employee. After five years of continuous full-time employment at the Institute, a dependent child will be eligible for partial college tuition assistance for programs of study at the baccalaureate level. A dependent child is an unmarried, natural or legally adopted child of eligible employees who is declared as a dependent on the eligible employee’s federal income tax return. The dependent child must attend an accredited college or university and pursue a program which can be counted toward the completion of an initial baccalaureate degree. The program is designed to Page 26 Rose-Hulman Institute of Technology Staff Handbook. provide eligible dependents the opportunity to be enriched by the traditional on-campus experience similar to that which Rose-Hulman provides. Assistance for programs that are exclusively or primarily on-line (e.g.: University of Phoenix Online or similar programs) will not be provided. Benefits will not be provided to dependent children beyond age twenty-five (25). The amount of the Rose-Hulman award is limited to the lesser of one-half of the current Rose-Hulman Institute of Technology freshman tuition rate per child per year, or the actual tuition and academically related fees charged at the Institution attended up to a maximum total lifetime benefit per family. This maximum total lifetime benefit for the 2002-2003 fiscal year is $31,000 and will increase by $1,000 each year beginning fiscal year 2003-2004 to $40,000 by the year 2012. After one year continuous full-time employment, full tuition remission is granted if the eligible child attends Rose-Hulman Institute of Technology. A Tuition Benefit Program Application for tuition assistance must be made to Human Resources for each dependent and each time there is a change in the institution attended. An original invoice of charges from the institution attended must be submitted to Human Resources for each academic period and is the basis for payment. Dependent children participating in this program may not apply for a TE Scholarship for the same academic year. (See the Tuition Exchange Policy) available from Human Resources. For those eligible employees hired prior to 1982, please refer to the Tuition Benefit Program for Dependent Children Plan A policy available from Human Resources. For application forms and further information regarding the Tuition Benefit Program for Dependent Children refer to the policy available from Human Resources. Tuition Exchange (REV. 10/01/03) The Institute participates in the Tuition Exchange, Inc. (TE) program which provides a national scholarship exchange for dependent children of full-time faculty and staff members and part-time benefits eligible staff members. The definitions of an eligible employee, dependent child and eligibility requirements are the same criteria as noted above in the Dependent Children Tuition section. Rose-Hulman is required to maintain a balance between “exports and imports”. Because of high demand and limited availability, Rose-Hulman cannot assure that all who apply will receive a scholarship. Access also depends on the importing institution, which will have its’ own criteria for selecting recipients and a limit on the number of scholarships. The scholarship will cover tuition up to a program maximum of $20,800 per year beginning with the 2004-2005 academic year. This program maximum is adjusted annually based on inflation. The Tuition Exchange (TE) program Web site is http://www.tuitionexchange.org/. All schools that participate in the Tuition Exchange program are listed here. A Tuition Exchange Scholarship Application must be submitted to Human Resources during the period October 1 through November 1. Applications will only be accepted for children attending Page 27 Rose-Hulman Institute of Technology Staff Handbook. college the following academic year. Early applications will not be accepted. Human Resources will verify eligibility and inform the employee/parent of their priority ranking by December 1. The normal admission process is followed at the school the child would like to attend. If the number of applicants exceeds the number of available TE Scholarships, applicants will be selected through a priority ranking system. First priority will be given to renewals: those students already enrolled in a member institution, and who are holding a TE scholarship. Second priority will be given to applicants based on employment seniority of the employee. In the event of employees with equal seniority, ranking will be on the date of submission of the application. A lottery system will be implemented in the case of employees with equal seniority submitting an application on the same date. Only one dependent child per family may be enrolled in the TE scholarship program at the same time. If the dependent child is not awarded a Tuition Exchange Scholarship, he or she is eligible to participate in the Rose-Hulman Tuition Benefit Program for Dependent Children (See Dependent Children Tuition section above). For application forms and further information regarding the Tuition Exchange Program refer to the policy available from Human Resources. Employee Courses for Credit (REV. 01/01/01) The Institute pays for college courses for credit for eligible employees after one year of service provided the course work relates to the employee’s current position. An eligible employee is any individual who is a full-time or part-time (benefits eligible) employee and is regularly scheduled to work at least thirty (30) hours per week. The supervisor will review a course syllabus or description to determine if the course relates to the employee’s current position. The supervisor must also approve the employee’s request to take courses held during normal work hours. An initial Employee Course for Credit Program Application for tuition assistance or subsequent applications must be made to the supervisor. An application is required for each academic period. A copy of the course syllabus or course description must accompany the application, with supervisory approval, and returned to Human Resources. The supervisor, in consultation with the Benefits Coordinator, will determine whether the course is related to the employees’ current position. Only courses deemed related to the employees’ current position will be paid. This process must be completed before class enrollment to be eligible for payment. The employee shall present the bill for tuition and academic related fees to Human Resources. The Institute shall pay the cost of the tuition and academic related fees directly to the institution at which the employee is enrolled. The Professional Development line of the applicable department budget is to be charged for all courses. Upon completion of the course, the employee shall provide a copy of the final grade report to Human Resources. Failure to provide a grade report or achieving a final grade of less than "C" requires the employee to reimburse the Institute the entire amount of tuition and academic related fees within 30 days after course completion. If the employee drops the course for any reason prior to course Page 28 Rose-Hulman Institute of Technology Staff Handbook. completion, the employee will be responsible to reimburse the Institute the tuition and academic related fees within 30 days of dropping the course. Reimbursement shall be either direct payment or payroll deduction as elected by the employee. For application forms and further information regarding the Employee Courses for Credit Program, refer to the policy available from Human Resources. 5.09 Independent Colleges of Indiana Moving Contract (REV. 09/01/03) As a result of Rose-Hulman’s membership in the Independent Colleges of Indiana (ICI), both new and existing Institute faculty and staff can now utilize specific ICI moving contracts for moving their household goods. ICI has negotiated significant discounts with specific carriers for the benefit of all active employees in its membership. The only Rose-Hulman involvement is a requirement to verify employment before services may be provided. Institute employees should contact the Director of Human Resources, at extension 8176 or by email to Kim Miller@rose-hulman.edu, to request use of this service. Human Resources will verify employment with the moving companies and provide them with employee contact information. The moving companies will then contact the employee directly for quotes and all other information, including billing arrangements which will be made exclusively between the employee and the company. Comments and feedback regarding employee experience with these services should be reported to Human Resources so that Rose-Hulman may keep ICI appropriately informed regarding the value of this service to its membership. For further information regarding the Independent Colleges of Indiana Moving Contract, refer to the policy available from Human Resources. 5.10 Statutory Benefits Statutory benefits are those benefits provided on behalf of employees by the Institute as required by Federal law. These statutory benefits include: Social Security and Medicare Employees are covered by the Federal Social Security Act. Medicare coverage is a part of this coverage. Social Security pays benefits when employees retire, become disabled, or die. Employees and the Institute pay taxes for this benefit. The employees’ taxes are deducted from their pay, and the Institute matches these taxes dollar for dollar. The Federal government sets a limit each year on earnings which are subject to social security and the applicable tax rate. For further information on Social Security benefits and the limits established each year, Human Resources. Unemployment Insurance Under state law, unemployment benefits are provided to those employees who are terminated from employment for reasons other than willful misconduct or resignation, or just cause as defined by Indiana law. Page 29 Rose-Hulman Institute of Technology Staff Handbook. Worker’s Compensation Insurance (REV. 09/01/2014) The Institute carries worker’s compensation insurance to cover the cost of an employee’s medical bills and a portion of lost wages due to an injury or illness that arises out of and in the course of employment. Worker’s Compensation guidelines are regulated by the State of Indiana Worker’s Compensation Board. If the employee has lost wages as a result of a worker’s compensation injury or illness, the worker’s compensation insurance carrier will pay the employee 66 2/3% of gross earnings during the period of temporary total disability. There is a seven (7) calendar day waiting period before the employee will receive compensation through the worker’s compensation insurance carrier. During this seven (7) calendar day waiting period, the employee has the option to use earned sick leave. If the employee has no earned sick leave, the employee has the option of using earned vacation leave or time off without pay. After the seven (7) calendar day waiting period, the employee will begin receiving payments directly from the worker’s compensation insurance carrier at the rate of 66 2/3% of the employee’s average gross earnings from the previous twelve (12) months. FMLA will run concurrent with a worker’s compensation claim when a work related injury requires any time off from work After the employee is off work for twenty-one (21) days, the employee’s first seven (7) days of gross earnings will be reimbursed by the worker’s compensation insurance carrier at 66 2/3% of the gross earnings. If the attending physician recommends returning to work under light duty restrictions (Return to Work Program RTWP), efforts will be made to accommodate the employee if such restricted work is available. For further information regarding Worker’s Compensation (See Appendix 8). 5.11 Leaves of Absence Vacation Leave The Institute encourages staff to utilize vacation leave annually. • Earning Vacation Leave (REV. 10/01/04) Vacation leave is earned based on position classification, length of service, and number of hours worked. Employees begin earning vacation leave on the first day of the month following the hire date. If the hire date is the first day of the month, the employee earns vacation for that month. Employees cease to earn vacation leave upon separation of employment. Vacation is earned at the rate of one-twelfth (1/12) of annual leave per month (e.g.: annual leave = 10 days per year = .83 days per month= 6.66 hours per month). Staff members do not earn vacation days/hours during unpaid leave. Full-Time Employees Length of Service 0 - First Year First Year - Second Year Second Year - Third Year Third Year – Fourth Year Annual Vacation Leave Earned earn 10 days or 6.66 hours per month earn 10 days earn 15 days or 10.00 hours per month earn 15 days Page 30 Rose-Hulman Institute of Technology Staff Handbook. Fourth Year – Fifth Year Fifth and subsequent Years Part-Time Employees Length of Service First Year earn 20 days or 13.33 hours per month earn 20 days Hours Worked 20-25 hours 26-29 hours 30-35 hours 36-39 hours Annual Vacation Leave Earned 6.25 days/50 hours (1/12 per month) 7.25 days/58 hours 8.75 days/70 hours 9.75 days/78 hours Second Year 20-25 hours 26-29 hours 30-35 hours 36-39 hours 6.25 days/50 hours 7.25 days/58 hours 8.75 days/70 hours 9.75 days/78 hours Third- Fourth Year 20-25 hours 26-29 hours 30-35 hours 36-39 hours 9.375 days/75 hours 10.875 days/87 hours 13.125 days/105 hours 14.625 days/117 hours 20-25 hours 26-29 hours 30-35 hours 36-39 hours 12.5 days/100 hours 14.5 days/116 hours 17.5 days/140 hours 19.5 days/156 hours Fifth and Subsequent Years Temporary Employees Temporary staff and staff working less than twenty (20) hours per week are not eligible for vacation leave. • Maximum Vacation Leave Employees may accumulate up to a maximum of 40 days or 320 hours vacation leave. • Utilizing Vacation Leave Upon completion of the initial review period, employees may take vacation leave as it is earned, however employees may not take vacation leave before it is earned. Vacation leave must be approved by the supervisor prior to use and must be taken in increments of at least four hours for exempt employees, and at least quarter hour increments for non-exempt employees except as defined in (Section 5.10 Worker’s Compensation Insurance). • Tracking Vacation Leave Exempt Employees (REV. 10/01/04) Vacation and sick leave taken is to be recorded electronically through the Banner Web for Employee “Time Entry” application no later than the tenth work day of the month for the preceding month. (See Section 4.11 Time Records) Non-Exempt Employees Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period (See Section 4.11 Time Records). Hourly Employees Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period (See Section 4.11 Time Records). Page 31 Rose-Hulman Institute of Technology Staff Handbook. • Unused Vacation Leave Unused vacation leave will be paid up to 25 days or 200 hours maximum to the employee upon separation or to the designated beneficiary in the event of death of the employee. Unused vacation leave beyond 25 days or 200 hours will be forfeited upon separation or death. Sick Leave • Earning Sick Leave Employees begin earning sick leave on the first day of the month following the hire date. If the hire date is the first day of the month, the employee earns sick leave for that month. Employees may not take sick leave before it is earned. Employees cease to earn sick leave upon separation of employment. Sick leave is to be used for medically related absences for the employee or immediate family members or for extended funeral leave and is also designed to serve as short term disability coverage. Sick leave is not to be used as personal leave. Employees do not earn sick days/hours during unpaid leave. Full-Time Employees Hours Worked per Week 40 hours Annual Sick Leave Earned 12 days /96 hours or 8 hours per month Part-Time Employees Hours Worked per Week < 20 hours 20-25 hours 26-29 hours 30-35 hours 36-39 hours Annual Sick Leave Earned (1/12 per month) 0 days/0 hours 7.5 days/60 hours 8.7 days/70 hours 10.5 days/84 hours 11.7 days/94 hours Temporary Employees Temporary employees and employees working less than twenty (20) hours per week are not eligible for sick leave. • Maximum Sick Leave Employees may accumulate a maximum of 72 days or 576 hours sick leave. • Utilizing Sick Leave Employees may take sick leave during the initial review period; however employees may not take sick leave before it is earned. Sick leave must be approved by the supervisor prior to use and must be taken in increments of at least four hours for exempt employees, and at least quarter hour increments for non-exempt employees except as defined in (Section 5.10 Worker’s Compensation Insurance.) In reporting medically related absences, employees are expected to notify their supervisor as soon as possible. Voice mail messages are not acceptable means of notification unless the employee is instructed to do so by the supervisor. • Tracking Sick Leave Exempt Employees (REV. 10/01/04) Vacation and sick leave taken is to be recorded electronically through the Banner Web for Employee “Time Entry” application no later than the tenth work day of the month for the preceding month. (See Section 4.11 Time Records) Page 32 Rose-Hulman Institute of Technology Staff Handbook. Non-Exempt Employees Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period (See Section 4.11 Time Records). Hourly Employees Hours worked and exceptions to the regular work schedule will be recorded electronically through the Banner Web for Employee “Time Entry” application no later than noon on Monday following the end of the pay period (See Section 4.11 Time Records). • Unused Sick Leave (REV. 10/01/04) Employees are not compensated for accumulated sick leave upon separation of employment. Family and Medical Leave (FMLA) (REV. 02/01/08) In accordance with the Family and Medical Leave Act (FMLA), Rose-Hulman provides eligible employees up to 12 weeks of unpaid leave in a rolling 12-month period measured backward from the date the employee uses any FMLA leave. Service Member Family Leave* may be taken for up to 26 weeks during a single 12-month period. This FMLA leave is a guaranteed period of time eligible employees can be absent from work with job protection. The time off is not paid, unless the employee is taking vacation or sick leave concurrently with FMLA leave. If you choose not to use paid sick and vacation time concurrently with FMLA leave, you will not continue to accrue additional sick and vacation hours, as you will be in an unpaid status. Employees who are on Family and Medical Leave or an approved leave of absence may not engage in any form of self-employment or perform work for any other employer during that leave, except when the leave is for military or public service or when the secondary employment has been approved by the Institute. As an employee of Rose-Hulman Institute of Technology, we are your primary employer. Employees can request or use FMLA leave, or Human Resources may place the employee on FMLA leave, to cover the time they need to be away from work for any of the following purposes: Employees can request or use FMLA leave, or Human Resources may place the employee on FMLA leave, to cover the time needed to be away from work for any of the following purposes: To care for a newborn child or a newly adopted or newly placed foster care child, as long as the leave is taken in the year following the child's birth or placement; To care for their child, spouse, or parent who has a serious health condition; To provide employees time to attend to their own serious health condition that leaves them unable to perform their job. To provide the employee with time off arising from the fact that the employee's spouse, child or parent is on active duty or called to active duty in the Armed Forces, and in support of a "contingency operation" (members of the Armed Forces involved in hostilities or which result in a call to active duty). Service Member Family Leave is available to employees who are the spouse, parent, child or next of kin of a "covered service member" in need of care. Covered service members include those undergoing treatment or who are on the military's temporary disability retired list due to a "serious injury or illness." In the event both spouses work for the Institute, only one twelve (12) week leave is granted for the birth, adoption, or placement of a child in foster care. Each spouse is eligible for a twelve (12) week leave in the event of a serious health condition. An employee is not entitled to a total of more than 12 weeks of FMLA leave per year, meaning a “rolling” twelve month period measured back from the date the employee uses any such leave. For those using FMLA under the Service Member Family Leave, the employee can take up to 26 weeks of leave. Page 33 Rose-Hulman Institute of Technology Staff Handbook. To apply for Family and Medical Leave, the employee must obtain and complete a Request for Leave Form from Human Resources. Employees are asked to give thirty (30) days notice of intent to take Family and Medical Leave when possible. The employee may use earned sick and vacation days to be paid during Family and Medical Leave; otherwise, the leave is unpaid. If the employee chooses to take the leave without pay, additional vacation and sick leave will not be earned during unpaid leave. . The Institute will continue to provide group insurance coverage (e.g.: health insurance, life insurance, and long term disability insurance) during the leave. If the employee does not return from the leave for other than health reasons, the employee will be responsible to reimburse the Institute for the full premium cost of the group insurance coverage. Health insurance benefits through COBRA will be calculated from the date the leave began. For further information regarding COBRA benefits (See COBRA section in the Health Benefits Plan) booklet available from Human Resources. Certification of a health care provider will be required when taking Family and Medical Leave when the leave is for a serious health condition. The employee must complete a Family Medical Certification Form with approval from the health care provider that the employee is able to return to work. This certification is to be returned to Human Resources. An employee will be returned to the same or equivalent position as he or she held before Family and Medical Leave with no reduction in pay or benefits. For further information regarding Family and Medical Leave, contact Human Resources. Funeral/Bereavement Leave (REV. 11/01/08) In the event of an “immediate family member’s” death, employees will be granted up to three (3) days off from work without loss of pay. “Immediate family members” of the employee are as follows: mother or father, children, spouse, brother or sister, grandparents, grandchildren and in-laws (mother, father, brother, sister). If there are special circumstances involving other family members not mentioned; employee should consult with the Office of Human Resources for clarification.” The employee may use sick and/or vacation leave for additional time off, with supervisory approval. Military/Reserve Service Leave The Institute supports those employees who choose to become members of a reserve unit of the armed forces, National Guard, or Commissioned corps of the Public Health Service. • Annual Training An employee who is required to participate in two (2) weeks of annual training as part of a military service program may request a leave of absence. The request shall be in written form accompanied by relevant military orders and given to the supervisor with a copy placed in the employee’s central personnel file in Human Resources. The employee may, but is not required to, take earned vacation leave during training. • Active Duty / Re-employment Rights Page 34 Rose-Hulman Institute of Technology Staff Handbook. Employees who give advance notice of the need to be off for military service or training will be granted a leave of absence for such purposes and will be provided re-employment at the end of their leave to the extent provided by the Uniformed Services Employment Re-employment Rights Act. For further information regarding USERRA, contact Human Resources. • Insurance Coverage Health insurance coverage will cease on the last day of the month during which an employee was called to active duty. Employees and dependents will be offered continued health insurance coverage under terms of the Consolidated Omnibus Budget Reconciliation Act (COBRA). Life insurance and long term disability coverage will cease on the date the employee reports to active duty. The Institute reserves the right to continue group insurance coverage for an employee’s dependents under personal hardship circumstances. For further information regarding USERRA, contact Human Resources. Jury Duty The Institute encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees who are summoned to jury duty are granted necessary time off without loss of pay or fringe benefits. Employees summoned to jury duty must notify their immediate supervisor and forward a copy of the jury duty summons to be placed in the employee’s central personnel file in Human Resources. Leave of Absence Without Pay A leave of absence without pay may be granted for good cause with approval of the supervisor and area Vice President. Request for such leaves must be submitted, in writing, to the supervisor who will consult with the area Vice President regarding approval. A copy of the leave request will be placed in the employee’s central personnel file in Human Resources. The employee will have first consideration for reinstatement to any position for which the employee meets minimum qualifications. The employee will not be eligible for benefits during the leave of absence. 6.00 CODES OF CONDUCT 6.01 Attendance (REV. 09/01/03) Punctuality and attendance are essential to the functioning of the Institute and are expected of all staff. An employee’s attendance record is considered as part of the performance appraisal process throughout the year, as well as, in decisions regarding continued employment and salary increases. Employees that demonstrate excessive absenteeism may be expected to provide the supervisor with a physician’s document indicating that the employee was seen in the physician’s office. If a physician’s document is requested by the supervisor, the physician’s document needs to be on file with the supervisor prior to the employee returning to work. If the employee is reporting to work outside of normal business hours, the physician’s document is to be given to the supervisor upon the supervisor’s arrival to work. Employees that do not maintain an acceptable attendance record, as determined by the supervisor, may be subject to corrective action, up to and including termination. Any variation from the regular work schedule should be approved in advance by the supervisor (See Section 3.10 Work Schedules). Employees who do not give proper notice, as determined by the supervisor, for time off, may be subject to corrective action, up to and including termination. Vacation leave must be approved by the supervisor prior to use (See Section 5.12 Vacation Leave). Page 35 Rose-Hulman Institute of Technology Staff Handbook. 6.02 Personal Appearance and Dress An employee’s appearance affects the image of the Institute. Employees are expected to be neat and clean, and to dress in a manner appropriate for their work environment. Supervisors will inform employees regarding specific dress requirements when they are applicable. 6.03 Confidential Information Employees may have knowledge of confidential information which, if released without authorization or carelessly handled, may be damaging to the employee or the Institute. It is therefore important to handle all confidential information with discretion, labeling it "confidential," safeguarding it when in use, filing it properly, and discussing it only for Institute business. All personal and personnel information is confidential (See Section 2.04 Intellectual Property and Section 3.15 Personnel Records). 6.04 Solicitation/Distribution Policy The Institute reserves the right to regulate or prohibit any solicitations or other communications that occur on its premises, use its identity or communications resources, or are directed at Institute guests, employees, students, parents, or alumni. 6.05 Personal Telephone Use Telephone service is provided by the Institute to conduct Institute business. Local calls for personal use are permitted if they are brief and infrequent. The Institute must be reimbursed for personal calls that result in toll charges. A personal security code (PSC) for long distance calls may be obtained by contacting extension 8518. (See Section 3.05 Facilities and Services). The Institute’s “800" long distance lines are for Institute business only. 6.06 Electronic Mail and Computer Use E-mail and computer services are provided to employees to conduct Institute business. (For example, they should not be used to advertise personal items for sale, conduct non-school business, or commercial enterprises, etc.) Before sending a campus-wide mailing, please consult the Institute’s responsible computing use guidelines (See Appendix 9) to determine appropriate use of the electronic mail system. Fraudulent, harassing, or obscene messages and/or materials, and chain letters must not be forwarded or stored. Users must be aware that e-mail is neither private nor secure. While the Institute does not censor or edit messages, any individual who authors, stores, or forwards messages is responsible for their subsequent use and distribution. Users must be aware that writing, storing, or distributing some material may violate state and/or Federal laws that govern pornography and workplace and sexual harassment. When in doubt about appropriate message content, refer to the general guidelines published in the Institute’s Policy for Responsible Use of Rose-Hulman Computing Facilities (See Appendix 9). 6.07 Audio or Video Recording of Employee Communications (NEW 12/19/11) It is a violation of Rose-Hulman Institute of Technology policy to audio or video record conversations with any personnel using any recording device unless written approval is received from your supervisor or a member of senior management or all parties to the conversation give their written consent prior to any recording. This practice is in direct conflict with the Institute's Fair Treatment Practices Policy which "strives for a workplace where accountability, diversity, opportunity, openness, professionalism, teamwork, and a sense of purpose combine to create a rewarding work experience." 6.08 Firearms, Explosives, and Weapons Policy (REV. 02/2015) Rose-Hulman Institute of Technology holds a zero tolerance regarding the possession and/or use of Page 36 Rose-Hulman Institute of Technology Staff Handbook. firearms, explosives or weapons (hereafter referred to as “weapons”) on or in property, real and personal, owned or controlled by the Institute. All members of the Rose-Hulman community and all visitors (excluding law enforcement personnel), are prohibited from possessing weapons on the premises of the Institute regardless of whether a federal or state license to possess the same has been issued to the possessor. (See Appendix 10) Page 37 Rose-Hulman Institute of Technology Staff Handbook. 7.00 FAIR TREATMENT PRACTICES POLICY The fair treatment practices process is initiated by the employee as a means to assist in problem resolution with a supervisor or co-worker. This policy does not apply to and will not replace the RoseHulman Policy for Civil Rights Equity Complaint Resolution for complaints relating to discrimination, harassment, or sexual misconduct. Employees should still report complaints relating to discrimination, harassment, or sexual misconduct as stated in the Policy for Civil Rights Equity Complaint Resolution. The Fair Treatment Practices Policy applies to all other conflicts with a supervisor or co-worker. Consistent with its vision to be the best, Rose-Hulman Institute of Technology strives for a workplace where accountability, diversity, opportunity, openness, professionalism, teamwork, and a sense of purpose combine to create a rewarding work experience that promotes fairness and respect for all employees. However, it is inevitable that in any workplace problems may arise. The Institute recognizes the right of each employee to seek solutions concerning disagreements arising from workplace relationships, working conditions, employment practices, or differences of interpretation of policy. The Institute believes it is essential that those disagreements be resolved in an effective and timely manner that is fair to the individuals involved. To assure fair consideration of all employee problem(s), a process for review and appeal has been established. The Fair Treatment Practices Policy will be revised and updated periodically. Employees are encouraged to use the Fair Treatment Practices Policy and must not, under any circumstances, be penalized for doing so. Rose-Hulman encourages the use of an open door practice which establishes a complaint resolution process and fosters an atmosphere of goodwill and cooperation. To ensure a fair and open workplace, the Institute requires that all employees follow the policies outlined in this Handbook. Problem Resolution Procedure Step 1 When an employee has a question or concern, it is important that the situation be known immediately. When a problem arises, it should be resolved on an informal basis within the employee’s department or office if at all possible. The employee is encouraged to discuss his/her concern with the person causing the difficulty. If the employee is uncomfortable with this process or if he or she has used this process and is not satisfied with the result, the employee should discuss the issue with his/her immediate supervisor. Step 2 Employees are encouraged to use the services provided by Human Resources. If the employee is uncertain about how to approach a co-worker, supervisor, or staff in Human Resources, he/she may first seek counsel from a member of the Ombudsman Committee. This counsel is available at any step in the process. Page 38 Rose-Hulman Institute of Technology Staff Handbook. Human Resources provide a confidential channel through which to address workplace concerns and explore ways to address those concerns. The Director of Human Resources serves as a neutral mediator to encourage discussion among the parties involved in a dispute. The goals of the mediation are to find a mutually acceptable solution to the problem and to improve the working relationship. The Director of Human Resources will also determine whether Institute policies have been followed. The Ombudsman Committee consists of the elected faculty and staff representatives to the Board of Trustees. The President may appoint additional persons to the committee to ensure diversity. This committee serves as a confidential and informal channel through which to address workplace concerns. Committee members will help the employee express needs, identify issues, and explore possible solutions to their concerns. If no resolution is reached, all other channels remain available. Step 3 If discussion with the immediate supervisor does not resolve the problem to the employee’s satisfaction, or if the concern involves the immediate supervisor, the employee should discuss the matter with the next level supervisor. The employee is encouraged to inform his/her supervisor of the intention to discuss the issue with the next level supervisor. If necessary, this process may continue until the employee receives a decision from the area Vice President. Step 4 The employee may appeal a decision reached in the earlier steps to the Employee Relations Committee. However, the committee has only recommending authority. Among its responsibilities are to provide “a suitable forum for mediating conflict and for facilitating change” and “advocating for a fair and supportive workplace worthy of Rose-Hulman.” The Employee Relations Committee will schedule meetings with the individuals involved in the dispute and may request information to assist in the process. If information or records requested violate the privacy of an employee or another person, the person’s permission must be obtained. Once the committee has reviewed all of the information necessary to make a decision, it will meet and discuss the problem in a closed meeting. Following this discussion, the committee will make a recommendation regarding the dispute. A majority vote is required. The committee will report its recommendation to the parties involved and to the President. Step 5 If the employee does not consider the matter satisfactorily resolved, he/she may request a meeting with the President to discuss the issue. After reviewing the information related to the complaint or dispute, the President will make a final decision and notify those involved. Page 39 Rose-Hulman Institute of Technology Staff Handbook. FAIR TREATMENT PRACTICES POLICY FLOWCHART Step 1 Resolve concern within Department/Office •Discuss concern with person causing difficulty •If issue not resolved, discuss with immediate supervisor Step 2 Use Services of Human Resources and/or Seek Counsel from Ombudsman Committee Member. All Discussions are Confidential. •Human Resources serves as a confidential mediator for employees to express concerns and explore solutions to problems. •Human Resources will determine whether Institute policies have been followed. •Ombudsman Committee serves as an informal, confidential resource for employees to seek advice and counsel during any step in this process. Step 3 If Immediate Supervisor is the one with whom the employee is having the problem, or if Problem is not Resolved by the Immediate Supervisor, Employees Should Discuss Concerns with the Next Level Supervisor up to the Vice President •This step may continue until the employee receives a decision from the area Vice President. Step 4 Appeal Process to the Employee Relations Committee •Employee Relations Committee reports its recommendation to the President Step 5 Employee May Request Meeting with the President •President’s decision is final Page 40 Rose-Hulman Institute of Technology 8.00 Staff Handbook. CORRECTIVE ACTION PROCEDURE (REV. 10/01/02) The corrective action process is initiated by the supervisor only after performance issues have not improved as a result of performance improvement planning with the employee. Note: The provisions of these procedures do not apply to staff members during the initial review period. Good employment practices dictate the need for a procedure covering discipline and dismissal. The Institute expects all supervisors to conduct frequent dialogue with employees regarding job performance and to conduct annual performance appraisals. A Performance Improvement Plan is to be completed prior to the initiation of any corrective action. (See Forms option on the Human Resources Web Page) The Institute has developed a policy of progressive actions, detailed below, which provide the employee with notice of performance issues that have not improved as a result of performance improvement planning. Immediate termination is possible for any act deemed by the Institute to be a major act of misconduct (See Appendix 11 for examples of Major Acts of Misconduct). Employees and supervisors should be encouraged to reach resolution at any time during the process. The supervisor’s written confirmation of problem resolution copied to the employee, the next level supervisor, and the employee’s central personnel file in Human Resources, will complete the corrective action procedure. The presence of Human Resources and/or an Ombudsman or member of the Employee Relations Committee during the corrective action process is intended to ensure the employee is treated fairly and Institute policies are followed. Therefore, any fair treatment practices issue which arises in the corrective action process must be dealt with in the corrective action process. Corrective Action Procedure In all cases, a performance improvement plan should precede corrective action except when a major act of misconduct has occurred. Step 1. Written communication and documentation of corrective action Supervisor issues written communication to employee outlining performance issue(s) that have not improved as a result of performance improvement planning. A copy of this written communication is retained by the Supervisor and copied to Human Resources and the next level supervisor. • • Human Resources or Supervisor schedules meeting to include: Supervisor, Employee, and Director of Human Resources and, if requested by employee, an Ombudsman or a member of the Employee Relations Committee. The purpose of this meeting is to discuss performance issue(s) and to outline steps for resolution. During this meeting, Supervisor notifies employee that this is the first step in corrective action. In consultation with Human Resources, Supervisor completes Personnel Action Notification Form documenting issue(s) and suggestions for resolution discussed during the meeting. (See Appendix 12 for Personnel Action Notification Form). Supervisor and employee sign form. Human Resources or Supervisor distributes as follows: Page 41 Rose-Hulman Institute of Technology Staff Handbook. original-retained by Human Resources for employee central personnel file; copy- Employee; copy- Supervisor. If employee refuses to sign documentation, the refusal will be noted. Step 2. Suspension or Disciplinary Action of Employee • If satisfactory resolution is not reached after step one, Supervisor consults next level supervisor and Human Resources and may notify the employee of a one (1) day suspension without pay. • In consultation with Human Resources, Supervisor completes Personnel Action Notification Form and determines appropriate corrective action which may include placing employee on probationary status for a period no less than thirty (30) calendar days and no more than ninety (90) calendar days, or further disciplinary action including loss of privileges, suspension without pay, or termination. • Human Resources schedules meeting for next work day following suspension to include: Supervisor, Employee, and Director of Human Resources and, if requested by the employee, an Ombudsman or a member of the Employee Relations Committee. • At or after the close of this meeting, employee will be notified of the disciplinary action taken. Any probationary period will include periodic performance appraisals to monitor progress toward resolution. The review period will be determined by the supervisor and employee. • Supervisor and employee sign form. Human Resources or Supervisor distributes as follows: original-retained by Human Resources for employee central personnel file; copy- Employee; copy- Supervisor. If employee refuses to sign documentation, the refusal will be noted. Corrective action shall be active for a period of one (1) year from the time the first step was initiated. After a period of one (1) year, in the event of a positive resolution and continued active employment, the corrective action will be considered concluded. Step 3. Termination of Employment • Provided the issue has not reached resolution as a result of Step 2 or, if additional problems arise during probation, employment may be terminated. Supervisor consults next level supervisor and Human Resources before employment is terminated. • In consultation with Human Resources, Supervisor completes Personnel Action Notification Form. • Human Resources will schedule a meeting to include: Supervisor, Employee, and Director of Human Resources and, if requested by the employee, a member of Ombudsman or Employee Relations Committee. The purpose of the meeting is termination of employment. • Personnel Action Notification Form is signed, Human Resources distributes as follows: original- employee central personnel file; copy- Employee; copy- Supervisor. Page 42 Rose-Hulman Institute of Technology Staff Handbook. If employee refuses to sign documentation, refusal to sign will be noted. Termination for Major Act of Misconduct (REV. 07/01/14) Immediate termination is possible for any act deemed by the Institute to be a major act of misconduct (See Appendix 11 for examples of Major Acts of Misconduct). The Rose-Hulman Policy for Civil Rights Equity Complaint Resolution shall apply to major acts of misconduct relating to discrimination, harassment, or sexual misconduct. Based on the circumstances surrounding the major act of misconduct, the supervisor in consultation with Human Resources and the President, may terminate the employee immediately. In all other cases where an employee has committed an act deemed by the Institute to be a major act of misconduct, the supervisor may immediately suspend the employee without pay. • In consultation with Human Resources, Supervisor completes Personnel Action Notification Form • Human Resources will schedule a meeting for the next work day to include: Supervisor, Employee, and Director of Human Resources and, if requested by the employee, a member of Ombudsman or Employee Relations Committee. • Employment may be terminated during this meeting. • In the event of termination of employment, arrangements for return of all Institute property issued to the employee or dependents will be made at this time. • Supervisor and employee sign form. Human Resources or Supervisor distributes as follows: original-retained by Human Resources for employee central personnel file; copy- Employee; copy- Supervisor. If employee refuses to sign documentation, the refusal will be noted. Note: These items will be documented on each Personnel Action Notification Form: • Reason(s) for Corrective Action (definition of problem) • Outline of action plan to resolve problem • Outline of further action if problem not resolved Page 43 Rose-Hulman Institute of Technology Staff Handbook. CORRECTIVE ACTION PROCEDURE FLOWCHART Pre-Step Performance Improvement Plan should precede corrective action in all cases except when a major act of misconduct has occurred. Step 1 Written communication and documentation of corrective action Personnel Action Notification (PAN) Form is completed in consultation with Human Resources prior to supervisor and Human Resources meeting with employee Supervisor and Human Resources meet with employee to discuss concerns (Ombudsman or member of Employee Relations Committee may be present at employee’s request) (PAN) is signed by supervisor and employee Original (PAN) is given to Human Resources; copies given to supervisor and employee Step 2 Suspension or Disciplinary Action of Employee Complete this step if satisfactory resolution is not reached after step one Personnel Action Notification (PAN) Form is completed in consultation with Human Resources prior to supervisor and Human Resources meeting with employee Supervisor and Human Resources meet with employee to discuss concerns (Ombudsman or member of Employee Relations Committee may be present at employee’s request) Employee may be placed on probation (PAN) is signed by supervisor and employee Original (PAN) is given to Human Resources; copies given to supervisor and employee Step 3 Termination of Employment Complete this step if satisfactory resolution is not reached after step two or additional problems arise Personnel Action Notification (PAN) Form is completed in consultation with Human Resources prior to supervisor and Human Resources meeting with employee Supervisor and Human Resources meet with employee to discuss termination (Ombudsman or member of Employee Relations Committee may be present at employee’s request) (PAN) is signed by supervisor and employee (If employee refuses to sign, refusal to sign is documented) Original (PAN) is given to Human Resources; copies given to supervisor and employee Page 44 Rose-Hulman Institute of Technology 9.00 Staff Handbook. SEPARATION 9.01 Resignation To resign in good standing with eligibility for rehire, employees are expected to submit a written resignation to their immediate supervisor at least two (2) weeks prior to the planned separation date. Exempt employees who intend to resign in good standing are expected to give at least one month (1) notice in writing to their supervisor. Resignation letters should include the employee’s reason for separation, effective date of separation, and the employee’s forwarding address. If a former employee is rehired by the Institute, the hire date for the calculation of benefits will be the date of rehire. Human Resources must be notified of the resignation as soon as possible so necessary paperwork can be completed, final payroll arrangements can be made, and an exit interview with the Director of Human Resources can be scheduled. 9.02 Termination By Indiana law, employees of Rose-Hulman Institute of Technology are employees “at will” which means the Institute has the right to terminate employees at any time with or without reason or notice. Termination is not a step in performance counseling. It is a personnel action taken when the corrective action steps to improve performance or behavior have failed. It is also an action that may be necessary without prior notice when a major act of misconduct has occurred (See Section 8.00 Corrective Action Procedure and Appendix 12 for definitions). The supervisor must inform the next level supervisor and Human Resources before discharging an employee. Reasons for termination will be documented on a Personnel Action Notification Form (See Section 8.00 Corrective Action Procedure & Appendix 12). 9.03 Reduction in Force The Institute strives to provide stable employment for employees. In the event that a reduction-in force is necessary, the Institute commits to a fair process for identifying those affected, and to provide reasonable support to facilitate the transition to other employment. The Corrective Action Procedure does not apply to reduction in force. 9.04 Exit Procedures Return of Institute Property Employees leaving the Institute are requested to attend an exit interview with Human Resources. Institute keys, identification cards, telephone cards, and any other Institute property issued to employees or dependents are to be returned during this interview. If the separating employee does not complete the exit interview, the supervisor must collect Institute property and forward to Human Resources. Institute property, such as uniforms, tools, laptop computers, calling cards, RHIT ID cards, palm pilots, equipment etc., must be returned to the supervisor with notification to Human Resources prior to issuance of the final pay. Computer accounts and voice mail accounts are terminated on the day of separation from employment. Page 45 Rose-Hulman Institute of Technology Staff Handbook. Final Payment Separating employees will normally receive final pay on the next regularly scheduled pay date following separation. This pay will include any unused vacation leave up to 25 days as of the separation date (See Section 5.12 Leaves of Absence). 9.05 Extension of Benefits COBRA Continuation Coverage A covered person who has a qualifying event will become a qualified beneficiary and may elect to continue coverage in accordance with the requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, referred to as COBRA. For further information regarding COBRA, refer to the COBRA section of the Health Benefits Plan booklet available from Human Resources. Retirement Account Accumulations Upon leaving the Institute for reasons other than retirement, employees have several options available for management of retirement account accumulations. These options will be presented during the exit interview or by contacting the Benefits Coordinator in Human Resources. 9.06 Retirement Plan Retirement from the Institute normally occurs when employees reach their 65th birthday, or on the last day of the fiscal year in which age 65 is attained. The Institute also offers an Optional Early Retirement Plan (See Section 5.07 Retirement Plan and 5.08 Optional Early Retirement Plan). 9.07 Optional Early Retirement Plan The Institute offers an Optional Early Retirement Plan. Participation in the Plan is voluntary. (See Section 5.07 Optional Early Retirement Plan). Page 46 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 1 Page 47 Rose-Hulman Institute of Technology Staff Handbook. Page 48 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 2 EXECUTIVE OFFICERS Page 49 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 3 ROSE-HULMAN INSTITUTE OF TECHNOLOGY POLICY REGARDING INTELLECTUAL PROPERTY (Adopted by the Board of Managers on February 24, 1989 now referred to as Board of Trustees) The primary mission of Rose-Hulman Institute of Technology (RHIT) is to provide highly qualified students with a superior, rigorous undergraduate education in the fields of engineering and science. In support of this mission RHIT encourages free and open discussion among faculty and students and requires the continued intellectual development of its faculty. As one way of meeting the responsibility for this development faculty are encouraged to publish books and learned articles, produce academic materials and develop inventions and processes. Many of these materials and inventions will be the result of collaboration between several individuals and RHIT. A policy is thus necessary to define the ownership of this intellectual property. In defining ownership this policy strives to provide an atmosphere in which individual incentive to produce innovative and valuable intellectual property is maximized while at the same time the legitimate rights of all parties, including RHIT, are protected. I. DEFINITIONS 1.1 INTELLECTUAL PROPERTY AND RELATED RIGHTS The material set forth in this document covers the ownership, distribution, and commercial development of technology developed by RHIT faculty, staff, and students and others participating in RHIT programs. The term "technology" as used in this document is broadly defined to include technical innovations, improvements, inventions, and discoveries, as well as writings and other information in various forms, including computer software. The principal rights governing the ownership and disposition of technology are referred to as "intellectual property" rights, which are derived primarily from legislation granting patent, copyright, trademark, and integrated circuit mask work protection. In some instances, distribution and commercialization of technology may be accomplished by the transfer or licensing of the intellectual property rights, such as patents and copyrights. In other instances, distribution and commercialization of technology may be aided by or depend upon access to the physical or tangible embodiment of the technology, as in the case of biological organisms, plant varieties or computer software. Therefore, this policy will define not only the ownership, distribution, and commercialization rights associated with technology in the form of intellectual property, but will also define policies and procedures which govern use and distribution of the technology in its tangible form. The following overview of intellectual property rights is limited in scope. The RHIT intellectual property officer should be contacted for further information regarding any of these rights. APPENDIX 3 1.2 PATENTS AND PATENT RIGHTS A patent is a grant issued by the U.S. Patent and Trademark Office giving an inventor the right to exclude Page 50 Rose-Hulman Institute of Technology Staff Handbook. all others from making, using, or selling the invention within the United States, its territories and possessions, for a period of 17 years from the date of the patent grant. Patents may also be granted in foreign countries; procedures for filing, requirements for patentability, and term of patent grant vary considerably from country to country. To be patentable in most countries, an invention must be new, useful, and non obvious. In the U.S., a grace period of 12 months from the date of the first written public disclosure, public use or offer for sale of an invention is allowed to file a patent application. In many foreign countries, an invention is un-patentable unless the application is filed before any public disclosure occurs anywhere. However, if one has filed in the U.S. prior to such disclosure, the applicant has 12 months from the U.S. filing date to file in most non-U.S. countries without losing filing rights. In addition to more traditional forms of inventions, the patentability of inventions implemented in computer software is well established in the U.S. A computer software invention generally will be patentable if it meets the tests of novelty and non obviousness and if its application is as part of a process or machine. A software invention will be automatically disqualified from U.S. patent protection only if it is purely a mathematical equation or formula with no other applications. 1.3 COPYRIGHTS As provided in copyright law, a copyright owner has the exclusive right to reproduce the work, prepare derivative works, distribute by sale or otherwise, and display or perform the work publicly. Under federal copyright law, copyright subsists in "original works of authorship" which have been fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. For an individual author, copyright protection of a work extends for the author's life plus 50 years. For employers, copyright protection of a work extends for 75 years from the date of publication. In contrast to a patent which protects the "idea", copyright covers the "artistic expression" in the particular literacy work, musical work, computer program, video or motion picture or sound recording, photograph, sculpture, and so forth, in which the "expression" is embodied, illustrated, or explained, but does not protect the "idea". 1.4 TRADE AND SERVICE MARKS A trade or service mark is a word, name, symbol or device (or any combination) adopted by an organization to identify its goods or services and distinguish them from the goods and services of others. In the U.S., trademark ownership is acquired through use of a term or in association with goods or in connection with services to identify their origin. Trade or service mark ownership is not dependent upon federal or state registration, but upon use of the mark. Registration of trade and service marks may be obtained on both the state and federal levels. However, to apply for a federal registration of a mark, it must be used in interstate commerce. APPENDIX 3 1.5 MASK WORKS A mask work is defined as a series of related images representing a predetermined, three-dimensional pattern of metallic, insulating, or semi conducting layers of a semiconductor chip product. Under the Semiconductor Chip Protection Act of 1984, mask work protection extends for ten years and gives the owner of the qualifying mask work exclusive rights to its exploitation. Mask works are registered with the United Page 51 Rose-Hulman Institute of Technology Staff Handbook. States copyright office. Failure to apply for registration within two years of the initial commercial exploitation results in the termination of the exclusive rights. 1.6 TANGIBLE RESEARCH PROPERTY The term "tangible research property" refers to those research results that are in a tangible form as distinct from intangible property. Examples of tangible research property include integrated circuit chips, computer software, biological organisms, engineering prototypes, engineering drawings, and other property which can be physically distributed. Although tangible research property may often have intangible property rights associated with it, such as biological organisms which may be patented or computer software which may be either patented or copyrighted, RHIT and/or the inventor/author may choose to distribute the research property without securing intellectual property protection by using some form of contractual agreement, such as formal contract, loan agreement, letter agreement, or user license as further set forth in this document. 1.7 RHIT UNITS RHIT departments, centers established for special purposes, or other such bodies which may generate inventions or materials. II. PRINCIPLES OF OWNERSHIP 2.1 GENERAL POLICY STATEMENT The prompt and open dissemination of the results of RHIT research and the free exchange of information among scholars is essential to the fulfillment of RHIT's obligations as an institution committed to excellence in education and research. Matters of ownership, distribution, and commercial development, nonetheless, arise in the context of technology transfer, which is an important aspect of the institute's commitment to public service. Technology transfer is, however, subordinate to education and research; and the dissemination of information should normally, therefore, not be delayed beyond the minimal period necessary to define and protect the rights of the parties. 2.2 PATENT POLICY STATEMENT Rights in inventions made or conceived or first reduced to practice by RHIT faculty, students, staff, and others participating in RHIT programs are as follows: Inventor owned (a) Not subject to the terms of agreements with research sponsors or other third parties under (a) below, and (b) Do not involve the significant use of RHIT administered resources under (b) below. APPENDIX 3 Other inventions RHIT acquires ownership or other rights in inventions as follows: (a) Inventions subject to the terms of a sponsored research or other agreement are treated in accordance with the terms of the applicable agreement. (b) Inventions involving the significant use of funds, equipment or facilities administered by RHIT are the property of RHIT, subject to any obligations to third parties in connection with such support. 2.2.1 SPONSORED RESEARCH AND OTHER AGREEMENTS Grants and contracts applicable to research sponsored by the federal government are subject to statutes and Page 52 Rose-Hulman Institute of Technology Staff Handbook. regulations under which RHIT acquires title in inventions conceived or first reduced to practice in the performance of the research. RHIT ownership is subject to a nonexclusive license to the government and the requirement that RHIT retain title and take effective steps to develop the practical applications of the invention by licensing and other means. In contacts with industry and non-government sponsors, RHIT's policy requires that RHIT retain ownership of all patents and other intellectual property rights. Infrequent exceptions to that policy are negotiated on a case by case basis. The terms of such agreements apply not only to inventions made by faculty and staff, but also to those made by students and visitors, whether or not paid by RHIT, who participate in performing research supported by such agreements. It is essential, therefore, that all individuals participating in the research be made aware of their obligation to assign rights to RHIT and sign intellectual property agreements. 2.2.2 SIGNIFICANT USE OF RHIT ADMINISTERED RESOURCES RHIT does not construe the payment of salary from unrestricted funds nor the provision of office or library facilities as constituting significant use of RHIT funds or facilities. When an invention involving the significant use of RHIT administered resources is made by an RHIT student, with the approval of the laboratory/center director or department chair, may elect to waive its rights except where the invention is subject to a sponsored research or other agreement. At the discretion of the laboratory/center director or department chair, RHIT may retain a right to use such invention for purposes of education and research. In addition, a student's rights to such invention may be subject to the terms of any financial aid received, including scholarships, fellowships, traineeships, theses expenses, or other assistance, whether or not administered by RHIT. Individuals who are both staff members and students shall be considered to be staff members with respect to patentable inventions which arise during the course of employment. Disputes arising under this section with respect to significant use shall be arbitrated by the Committee on Patents, Licensing and Copyrights whose recommendations shall be forwarded to the Board of Managers, who retains final authority. 2.3 COPYRIGHT POLICY STATEMENT Copyright ownership of material (including software) created by RHIT faculty, students, staff and others participating in RHIT programs, is as follows: APPENDIX 3 Author owned The author acquires copyright ownership in materials (including computer software) which are: (a) Not developed in the course of a sponsored research or other agreement under (a) below. (b) Not created as a "work-for-hire" by operation of copyright law or created pursuant to an agreement in writing with RHIT under (b) below which provides for a transfer of copyright to RHIT. (c) Not developed with the significant use of RHIT administered resources under (c) below, except that ownership by students making significant use of RHIT resources shall be determined in accordance with section 2.3.4. (d) Student thesis as provided under section 2.3.5. RHIT owned RHIT acquires ownership or other rights in copyrightable material (including computer software) as Page 53 Rose-Hulman Institute of Technology Staff Handbook. follows: (a) Copyright ownership in material developed in the course of or pursuant to a sponsored research or other agreement is determined according to the terms of such agreement. (b) Copyright ownership in material created as a "work-for-hire" by operation of copyright law or created pursuant to an agreement in writing providing for transfer of copyright to RHIT shall vest in RHIT. (c) Copyright ownership in material developed by faculty and staff with the significant use of funds, equipment or facilities administered by RHIT shall vest in RHIT. 2.3.1 SPONSORED RESEARCH AND OTHER AGREEMENTS Normally, research contracts sponsored by the federal government provide the government with specified rights in copyrightable material developed in the performance of the research. These rights may consist of title to such material resting solely in the government, but more often consist of a royalty-free license to the government with title vesting in RHIT. When a work is created under the terms of a sponsored agreement, authors of copyrightable works should be aware that there may be contractual terms relating to the form of the report, advance notice to the sponsor before publication, and the like. The intellectual property officer should be contacted for information or assistance regarding interpretation of contract terms. 2.3.2 WORKS FOR HIRE Employees - A "work-for-hire," as defined by law, is a work product created in the course of the author's employment. Copyright of the work product in these situations belongs to the employer. For example, results of work assigned to staff programmers or writers of university publications are considered to have been created in the course of the author's employment and are the property of RHIT. It is the policy of RHIT that it shall own all works for hire. Non-employees - Under the copyright act, copyright of commissioned works of non-employees is owned by the author and not by the commissioning party unless there is a written agreement to the contrary. All RHIT personnel are cautioned to ensure that independent contractors agree in writing that ownership of the copyright in the commissioned work is assigned to RHIT, except where special circumstances apply and it is mutually agreed otherwise. 2.3.3 INDEPENDENT WORKS RHIT does not claim ownership of books, articles and other scholarly publications, or to popular APPENDIX 3 novels, poems, musical compositions, sculpture or other works of artistic imagination which are created by the personal effort of faculty, staff and students independent of employment tasks and which do not make significant use of RHIT administered resources. Furthermore, in those situations where copyright to such scholarly or artistic work resides in RHIT under the terms of a sponsored research or other agreement, or by operation of the copyright law or otherwise as a result of this policy, RHIT will, upon the author's request and to the extent consistent with the intent of the sponsor, convey copyright to the author of such work as further provided under this policy. Where appropriate, the approval of the center director or department chair will be required. 2.3.4 SIGNIFICANT USE OF RHIT ADMINISTERED RESOURCES RHIT does not construe the provision of office or library facilities as constituting significant use of RHIT space or facilities, nor construe the payment of salary from unrestricted accounts as constituting significant Page 54 Rose-Hulman Institute of Technology Staff Handbook. use of RHIT funds, except in those situations where the funds were paid specifically to support the development of material. Textbooks, class notes and related materials developed in conjunction with class teaching are also excluded from the "significant use" category, unless such textbooks were developed using RHIT administered funds paid specifically to support the textbook development. RHIT does not acquire rights to independently created software which has been developed using conventional RHIT resources such as personal computers. RHIT does, however, consider RHIT organized software development projects as significant use. However, student authors who make significant use of RHIT resources to develop software will retain ownership of such software subject to a royalty-free, nonexclusive license granted to RHIT to use the software for purposes of education and research. 2.3.5 THESES Copyright of theses will be owned by the student unless (i) they involve research for which the student received financial support in the form of wages, salary, stipend, or grant from funds administered by RHIT which impose copyright restrictions and/or (ii) they involve research performed in whole or in part utilizing equipment or facilities provided to RHIT under conditions which impose copyright restrictions. Where copyright ownership is retained by the student, however, the student must grant to RHIT a royalty-free license to reproduce and publicly distribute copies of the theses. 2.4 TRADE AND SERVICE MARKS Trade and service marks relating to goods and services developed at RHIT shall be owned by RHIT. 2.5 MASK WORKS Ownership of mask works created by RHIT faculty, students, staff, and others participating in RHIT programs, is determined in the same manner as copyright ownership under section 2.3. 2.6 TANGIBLE RESEARCH PROPERTY (TRP) RHIT owns TRP, except when it becomes the property of a third party under the terms of a sponsored research or other agreement. III. EQUITIES OF PARTICIPATING PARTIES 3.1 GENERAL POLICY Licensing, sale or use of technology and intellectual property in which RHIT has a proprietary interest shall be preceded by a written agreement between RHIT and the author or producer specifying the conditions of use, and including provisions protecting the right of the author to revise written or visual materials periodically. Disputes concerning the terms of the agreement shall be determined by the "Committee" subject to the right of appeal under Section 4.2.2. If technology or intellectual property are used through licensing or sale or other arrangement, the author or producer will share in any income received as may be determined under the general principles of division set forth in Paragraph III) 3.2.2.. Page 55 Rose-Hulman Institute of Technology Staff Handbook. RHIT reserves the right to refuse to develop, license, sell, patent, copyright or utilize any technology whether owned by RHIT or others, in which event waiver of rights under paragraph 4.2.1 iii) will be considered. 3.2 DETERMINATION OF EQUITIES 3.2.1 Determination of the Committee on Patents, Copyrights and Licensing ("Committee") The Committee shall determine when the rights in and to technology and intellectual property belong to RHIT in accordance with the provisions of this policy, subject to the right of appeal under Section 4.2.2. 3.2.2 General Principle of Division RHIT shall establish a royalty account for any technology or intellectual property for which it anticipates receiving royalties or other income, and all expenses and income relating to that item shall be recorded therein. Where more than one such item is licensed together for a common fee or royalty, a common royalty account may be established for all of the related items and proceeds allocated in accordance with the Committee's determination. Income to each royalty account shall, in the absence of other contracts, be distributed as follows: i) The direct expenses of RHIT allocable to investigating, evaluating, protecting and enforcing the rights to the item(s) covered by the account, including provision for payment of future maintenance taxes or fees for any technology, shall initially be charged to the royalty account. ii) After deductions for direct expenses, net income to the account will be distributed in accordance with the determination of the "Committee", subject to the right of any interested party or any member of the Committee to appeal the determination in accordance with paragraph 4.2.2. Under normal circumstances it will be presumed (unless there are clear and convincing reasons otherwise) that the creator or inventor of the technology or intellectual property and RHIT will share in said net income to the account using the following table as a guideline: APPENDIX 3 Net Royalty Income Inventor or Creator RHIT 15,000 100.00% 0.0% 85,000 50.0% 50.0% 900,000 50.0% 50.0% 1,000,000 33.3% 66.6% With respect to RHIT's portion of the royalties, the "Committee" may recommend to the President that part of RHIT's royalties be used to fund the RHIT unit or units to which the inventor or creator belongs, and/or that part be used for the support of further faculty development, and the President may follow the recommendation of the Committee, subject to the approval of the allocations by the Board of Trustees under the normal budgeting procedures. For example, the fund might be allocated depending upon circumstances as follows: Page 56 Rose-Hulman Institute of Technology Staff Handbook. Net Royalty Income: First $ 15,000 Inventors or Creator 100.0% 0.0% Faculty Development 0.0% Institute General Fund 0.0% Next $ 85,000 50.0% 15.0% 15.0% 20.0% Next $ 900,000 50.0% 15.0% 15.0% 20.0% Over $1,000,000 33.3% 5.0% 15.0% 46.6% RHIT Page 57 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 3 Any determination by the "Committee" that RHIT shall share in the proceeds of any technology or intellectual property in which RHIT has a proprietary interest, such that RHIT would be afforded less than the percentages shown above in this subparagraph shall be deemed automatically appealed to the Board of Trustees for final determination. IV. PROCEDURES 4.1 REPORT OF INVENTIONS AND MATERIALS All technology and intellectual property of significant commercial value in which RHIT may have a proprietary interest under the provisions of this policy shall be promptly reported in writing by the RHIT personnel concerned through the appropriate department head, dean, supervisor, or the President, to the committee. If more than one individual participated in the discovery or development, the report shall be signed by all such participants. The report shall constitute a full and complete disclosure of the subject matter of the discovery or development and the identity of all persons participating therein. The participants shall furnish such additional information and execute such documents from time to time as the Institute may reasonably request. 4.2 THE COMMITTEE ON PATENTS, LICENSING AND COPYRIGHTS The procedures associated with the disposition of intellectual properties owned by RHIT and other questions regarding rights under this policy shall be determined by the Committee on Patents, Copyrights, and Licensing. This Committee shall be composed of the following administrators, faculty members and Board members. - Vice President for Academic Affairs (ex officio -- Chairman) - Vice President for Business and Finance (ex officio) - Two members of the Board of Trustees appointed by the chairman of the board - Two tenured faculty members elected by vote of faculty to two-year terms. Faculty terms shall be staggered. 4.2.1 Authority i) The Committee will have the authority to determine the extent to which individuals shall share in the proceeds of technology and intellectual property that they developed and which RHIT has a proprietary interest. When two or more individuals are involved, the Committee shall have the authority to determine their respective equities. ii) The Committee has the authority to recommend when RHIT will pursue intellectual property rights for technology in which RHIT has an interest. iii) The Committee has the authority to recommend to the board that ownership rights of the Institute be waived. If a waiver of RHIT ownership is granted, ownership reverts to the individual or individuals who produced the material or invention. iv) The Committee has the authority to formulate procedures and regulations governing the administration of the intellectual property policy as long as they are consistent with the policies set forth in this document. v) The Committee shall recommend to the President an individual to be designated as Intellectual Property Officer. This individual shall be responsible for RHIT interests in the development and protection of technology and intellectual property and assist RHIT personnel in developing and protecting them. APPENDIX 3 vi) The Committee has the authority to advise the President of the Institute on matters concerning intellectual property and technology and to review the policy document from time to time. After submission to the Page 58 Rose-Hulman Institute of Technology Staff Handbook. faculty & senior staff (the Institute meeting) for review and comment, the Committee will recommend to the Board of Trustees changes that seem advisable. 4.2.2 Appeal Procedure Subject to additional provisions regarding determinations of rights, privileges and duties under this policy as set forth in other provisions of this policy, the “Committee" shall first determine (by a majority thereof) after receiving such information as it deems appropriate, all questions regarding the interpretation of the terms of this policy, and all questions and disputes which may arise regarding the implementation of this policy and the rights, duties and privileges of those affected by the terms of this policy. Any interested party (which shall be deemed to include the RHIT personnel creating or producing any technology or intellectual property, the President or any single member of the "Committee") may appeal any determination of the Committee for review and determination by the President of the Institute. Any such interested party as above defined who is dissatisfied with the determination of the President may appeal the determination to the Board of Trustees of RHIT for final decision. (Any act or power which may be exercised by the Board of Trustees under this policy may also in lieu thereof be exercised by the Executive Committee of the Board of Trustees). The decision of the Board of Trustees (or its Executive Committee) shall be final and conclusive upon all interested parties. Any appeal to the President or to the Board of Trustees under the procedures set forth in this paragraph must be made in writing, and shall be delivered to the President or the Chairman or Vice-Chairman of the Board of Trustees (in the case of an appeal from the President's decision to the Board of Trustees) within fourteen (14) days following the determination of the "Committee" or the President, as the case may be. (Otherwise, the determination not appealed within said time period shall be deemed final and conclusive). If the President is a direct participant in the creation or development of the technology or intellectual property involved, the Committee's initial decision may be appealed by any such interested party directly to the Board of Trustees. 4.3 DEVELOPMENT OF COMMERCIAL PROPERTY 4.3.1 RHIT, unless modified by contractual agreement, will have the sole right to develop commercially any technology or intellectual property owned by RHIT. 4.3.2 RHIT personnel who wish to pursue the development of their independently owned technology or intellectual property may seek assistance from RHIT in developing commercially these inventions and materials. RHIT personnel are equally free to choose some other mechanism for commercializing their independently owned technology or intellectual property, but prior to such commercialization should make sure that they do not fall under the terms of a sponsored research, or are otherwise subject to the terms of this policy. Page 59 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 3 4.3.3 RHIT personnel may petition the Committee to recommend to the Board that the Board waive RHIT ownership rights of any technology or intellectual property. If such a waiver is granted, ownership will revert to the individual or individuals who produced the technology or intellectual property. 4.3.4 RHIT personnel may also request from RHIT a license to develop commercially RHIT owned technology or intellectual property. The Board or its Executive Committee shall decide on such requests as expeditiously as possible, but in no case longer than 90 days from the date of the request. V. POLICY BINDING ON RHIT PERSONNEL This policy as amended from time to time shall be deemed a part of the conditions of employment of every employee of RHIT and a part of the conditions of enrollment and attendance at RHIT by students. It is the policy of RHIT that individuals, by participating in a sponsored research project and/or making significant use of RHIT administered resources, thereby accept the principles of ownership of technology as stated under this policy. In furthering such undertaking, all such participants agree to sign Intellectual Property Agreements in the form attached to this policy before participation in any such sponsored research project and/or making significant use of RHIT administered resources. VI. AMENDMENTS This policy may be amended or rescinded prospectively in whole or in part at any time by the Board of Trustees of RHIT. ADOPTED by the Board of Trustees at its regular meeting at which a quorum was present held on February 24, 1989. VII. INTERPRETATIONS OF RHIT INTELLECTUAL PROPERTY POLICIES (as revised August 2, 2002) 1. Regarding Section 2.2.2 significant use of RHIT Administered Resources: RHIT does not consider use of RHIT resources by registered undergraduate students engaged in projects for required courses to be “significant use.” That is, RHIT makes no claim to IP generated by students in such courses except where governed by other contractual agreements. 2. Regarding Section 2.2.1.B: RHIT grants an exception to IP generated by students engaged in project work sponsored by external clients when said work is part of a required undergraduate course. This exception includes, but is not limited to, student projects receiving support from the NCIIA and the Lemmelson Foundation. 3. Undergraduate student project work using RHIT resources and performed outside of course requirements may be considered significant use (e.g. projects developed with the support of Engenius Solutions). RHIT does claim IP rights unless explicitly exempted by the PLC committee. Page 60 Rose-Hulman Institute of Technology Staff Handbook. 4. Entrepreneurs in residence, businesses (or nascent businesses) in the Myers Center that are not paying reasonable fees for resources are considered to be making significant use of RHIT facilities and RHIT claims IP rights as described in Section 2.2.2. 5. Ownership and equity agreements of IP for projects with RHV will be governed by separate contracts as described by 2.2.D-2.2.F upon approval of the PLC committee as authorized in 4.2.1A. Page 61 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 4 POLICY: EQUAL OPPORTUNITY, HARASSMENT AND NONDISCRIMINATION Rose-Hulman affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All policies below are subject to resolution using the Rose-Hulman Complaint Resolution Procedure for Civil Rights Equity posted at: https://www.rosehulman.edu/media/1464715/title-ix-procedure.pdf. The equity complaint process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. Rose-Hulman reserves the right to act on incidents occurring on-campus or off-campus, when the off-campus conduct could have an on-campus impact or impact on the educational mission of Rose-Hulman. Kristen Loyd, Director of Student Affairs and Hulman Memorial Union, and Kimberly Miller, Director of Human Resources serve as the Title IX Coordinator(s) for Rose-Hulman. They oversee implementation of Rose-Hulman Equity and Equal Opportunity program, disability compliance and the Rose-Hulman policy on equal opportunity, harassment and nondiscrimination. Reports of discrimination, harassment and/or retaliation should be made to the Title IX Coordinator(s) or Assistant Coordinator(s) promptly, but there is no time limitation on the filing of complaints, as long as the responding party remains subject to RoseHulman jurisdiction. All reports are acted upon promptly while every effort is made by the Institute to preserve the privacy of reports. Anonymous reports may also be filed using the reporting form posted at http://www.rose-hulman.edu/media/1464707/incident-report-form.pdf. Reporting is addressed more specifically in Section 7. Reports of discrimination by the Title IX Coordinator(s) should be reported to the Institute President, James Conwell (office - Hadley Hall 200, email - conwell@rose-hulman.edu, phone - 812-877- 8009). This policy applies to all discriminatory behaviors that take place on the campus, at Institute-sponsored events and may also apply off-campus and to actions online when the Title IX Coordinator(s) determines that the off-campus conduct affects a substantial Rose-Hulman interest. A substantial Rose-Hulman interest is defined to include: a) Any action that constitutes criminal offense as defined by federal or Indiana law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where Rose-Hulman is located; b) Any situation where it appears that the responding party may present a danger or threat to the health or safety of self or others; c) Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or d) Any situation that is detrimental to the educational interests of Rose-Hulman. Inquiries about this policy and procedure may be made internally to: Kristen Loyd Director of Student Services and Hulman Memorial Union Title IX Coordinator Office of Student Affairs Hulman Memorial Union 244 (812) 877-8484 loyd1@rose-hulman.edu Kimberly Miller Director of Human Resources Title IX Coordinator Office of Human Resources Moench Hall A113A (812) 877-8176 millerk@rose-hulman.edu Page 62 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 4 Kyle Rhodes Associate Dean of Residence Life Assistant Title IX Coordinator Office of Student Affairs Hulman Memorial Union 153 (812) 877-8651 rhodeska@rose-hulman.edu Kimberly Campbell Associate Director of Human Resources Assistant Title IX Coordinator Office of Human Resources Moench Hall A113B (812) 877-8245 campbel5@rose-hulman.edu Inquiries may be made externally to: Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 Facsimile: (202) 453-6012 TDD#: (877) 521-2172 Email: OCR@ed.gov Web: http://www.ed.gov/ocr Equal Employment Opportunity Commission (EEOC) Contact: http://www.eeoc.gov/contact/ 1. Rose-Hulman Policy on Nondiscrimination Rose-Hulman adheres to all federal and state civil rights laws banning discrimination in private institutions of higher education. Rose-Hulman will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, religion, sex, pregnancy, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, sexual orientation, gender, gender identity or expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any complaint process on campus or within the Equal Employment Opportunity Commission or other human rights agencies. This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, residential and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in the protected classes listed above is in violation of Rose-Hulman policy on nondiscrimination. When brought to the attention of Rose-Hulman, any such discrimination will be appropriately remedied by Rose-Hulman according to the procedures below. 2. Rose-Hulman Policy on Accommodation of Disabilities Pursuant to the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments APPENDIX 4 Page 63 Rose-Hulman Institute of Technology Staff Handbook. Act (ADAAA), Rose-Hulman Institute of Technology does not discriminate against employees with disabilities and, when needed, the Institution will provide reasonable accommodations to employees so that they may perform the essential job duties of their position. Furthermore, it is the policy of RoseHulman to comply with all federal, state and local laws concerning the employment of persons with disabilities and act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). It is our policy not to discriminate against employees with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Rose-Hulman will reasonably accommodate employees with a disability so that they can perform the essential functions of their job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to Rose-Hulman. Reasonable accommodation includes any changes to the work environment and may include making existing facilities readily accessible to and usable by employees with disabilities, job restructuring, modified work schedules, acquisition or modification of equipment or devices, appropriate adjustment or modifications of training materials, and providing qualified readers or interpreters. An employee with a disability is responsible for requesting an accommodation in writing to the Director of Human Resources and provides appropriate documentation. The Director of Human Resources will work with the employee’s supervisor and the Director of Disability Services or other appropriate individuals to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform their job duties. a. Students with Disabilities Rose-Hulman is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of Rose-Hulman. All accommodations are made on a case-by-case basis. A student requesting any accommodation should first contact the Director of Disability Services who coordinates services for students with disabilities. The director reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate to the student’s particular needs and academic programs. b. Employees with Disabilities Pursuant to the ADA, Rose-Hulman will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in undue hardship. An employee with a disability is responsible for requesting an accommodation in writing to Director of Disability Services and provide appropriate documentation. The Director of Disability Services will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties. 3. Rose-Hulman Policy on Discriminatory Harassment Students, staff, administrators, and faculty are entitled to a working environment and educational APPENDIX 4 Page 64 Rose-Hulman Institute of Technology Staff Handbook. environment free of discriminatory harassment. Rose-Hulman harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under Rose-Hulman policy. a. Discriminatory and Bias-Related Harassment Harassment constitutes a form of discrimination that is prohibited by law. The Institute will remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. When harassment rises to the level of creating a hostile environment, the Institute may also impose sanctions on the harasser. The Institute’s harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community. A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent/pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.1 Offensive conduct and/or harassment that does not rise to the level of discrimination or that is of a generic nature not on the basis of a protected status may not result in the imposition of discipline under Institute policy, but will be addressed through civil confrontation, remedial actions, education and/or effective conflict resolution mechanisms. For assistance with conflict resolution techniques, employees should contact the Director of Human Resources and students should contact the Dean of Student Affairs. The Institute condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by Institute policy or law. b. Sexual Harassment Both the Equal Employment Opportunity Commission and the State of Indiana regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. The Institute has adopted the following definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.2 Sexual harassment is: unwelcome, sexual or gender-based verbal, written, online and/or physical conduct.3 1 This definition of hostile environment is based on Federal Register / Vol. 59, No. 47 / Thursday, March 10, 1994: Department Of Education Office For Civil Rights, Racial Incidents And Harassment Against Students At Educational Institutions Investigative Guidance. The document is available at http://www.ed.gov/about/offices/list/ocr/docs/race394.html. 2 Also of relevance is the Office of Civil Rights 2001 statement on sexual harassment, “Revised Sexual Harassment Guidance: Harassment Of Students By School Employees, Other Students, Or Third Parties, Title IX,” which can be found at http://www2.ed.gov/legislation/FedRegister/other/2001-1/011901b.html, as well as the April, 2011 Dear Colleague Letter on Campus Sexual Violence, which can be found at: http://www.whitehouse.gov/sites/default/files/dear_colleague_sexual_violence.pdf 3 Some examples of possible Sexual Harassment include: A student repeatedly sends sexually oriented jokes around on an email list s/he created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live. Explicit sexual pictures are displayed in a professor’s office or on the exterior of a residence hall door A professor engages students in her class in discussions about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and hesitant. Page 65 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 4 Anyone experiencing sexual harassment in any Institute program is encouraged to report it immediately to the Institute’s Title IX Coordinator(s). Sexual harassment creates a hostile environment, and may be disciplined when it is: sufficiently severe, persistent/pervasive and objectively offensive that it, o has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the Institute’s educational, social and/or residential program, and is o based on power differentials (quid pro quo), the creation of a hostile environment or retaliation. POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS4 There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of this policy. Rose-Hulman does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of Rose-Hulman. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administratorstudent) are generally discouraged. Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift a party out of being supervised or evaluated by someone with whom they have established a consensual relationship. This includes Resident Assistants and students over whom they have direct responsibility. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required may result in disciplinary action for an employee. c. Sexual Misconduct Rose-Hulman is committed to providing support services to victims of discrimination, harassment, sexual assault, and retaliation. Individuals victimized by sexual assault generally experience profound emotional An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus Male students take to calling a particular brunette student “Monica” because of her resemblance to Monica Lewinsky. Soon, everyone adopts this nickname for her, and she is the target of relentless remarks about cigars, the president, “sexual relations” and Weight Watchers. This section is offered as an optional inclusion, as some campuses prefer to include this policy elsewhere, such as a faculty handbook or employee manual. We include it here to inform students, not just employees, of our expectations. 4 Page 66 Rose-Hulman Institute of Technology Staff Handbook. trauma which severely impacts their daily functioning. Common responses include feelings of shock and disbelief, intense fears about personal safety, preoccupation with recurrent and intensive thought about the assault, sleep disturbances, anxiety, impaired concentration, mood swings, depression, feelings of anger, shame, and self-blame. These reactions are called "post-traumatic stress" or "rape trauma syndrome". State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, Rose-Hulman has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, Rose-Hulman considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, Rose-Hulman reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses, including intimate partner or relationship (dating and/or domestic) violence, non-consensual sexual contact and stalking based on the facts and circumstances of the particular complaint. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include: i. Sexual Harassment (as defined in section b above) ii. Non-Consensual Sexual Intercourse Defined as: any sexual penetration or intercourse (anal, oral or vaginal) however slight with any object by a person upon another person that is without consent and/or by force Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact. iii. Non-Consensual Sexual Contact5 Defined as: any intentional sexual touching however slight with any object by a person upon another person that is without consent and/or by force Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. 5 The state definition of sexual battery states that the crime is committed when: “A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person: (1) touches another person when that person is: (A) compelled to submit to the touching by force or the imminent threat of force; or (B) so mentally disabled or deficient that consent to the touching cannot be given; or (2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring.” The level of the felony is increased if “(1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; or (3) the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.” This definition is applicable to criminal prosecutions for sexual battery in Indiana, but may differ from the definition used on campus to address policy violations. Page 67 Rose-Hulman Institute of Technology iv. Staff Handbook. Sexual Exploitation Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact. Examples of sexual exploitation include, but are not limited to: Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed) Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent) Prostitution Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent v. Consent Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual responding party of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or Page 68 Rose-Hulman Institute of Technology Staff Handbook. actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately. In Indiana, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 16 years old may be a crime, as well as a violation of this policy, even if the minor wanted to engage in the act. 4. Other Civil Rights Offenses, When the Act is Based Upon the Status of a Protected Class Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class. Discrimination can also involve treating an individual less favorably because of his or her connection with an organization or group that is generally associated with people of a certain protected class. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within Rose-Hulman community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the hazing policy) on the basis of actual or perceived membership in a protected class; hazing is also illegal under Indiana law and prohibited by Rose-Hulman policy Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class Violence between those in an intimate relationship to each other on the basis of actual or perceived membership in a protected class (this includes romantic relationships, dating, domestic6 and/or relationship violence)7 Stalking8, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear9 6 The state definition of domestic violence is conduct that is a sex crime under IC 35-42 or a threat to commit a sex crime “by a person against a person who: (1) is or was the spouse of; (2) is or was living as if a spouse of; (3) has a child in common with; (4) is a minor subject to the control of; or (5) is an incapacitated individual under the guardianship or otherwise subject to the control of; the other person regardless of whether the act or threat has been reported to a law enforcement agency or results in a criminal prosecution.” This definition is applicable to criminal prosecutions for domestic violence in Indiana, but may differ from the definition used on campus to address policy violations. 7 Examples: Employee A has been in an intimate relationship with Employee B for over a year; Employee A punches Employee B in the face during an argument (Dating Violence). Student A has been in an intimate relationship with Student B for over a year; Students A & B live together. During an argument, Student A shoves Student B to the ground (Domestic Violence). 8 The state definition of stalking is “a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened,” which is applicable to criminal prosecutions for stalking in Indiana, but may differ from the definition used on campus to address policy violations. 9 Examples Employee A recently ended an intimate relationship with Employee B. For the past three weeks, B has been sending A 100 text messages per day and waits by A’s car at the end of each day to beg and plead with her to take him back. When she refuses, he loses control, makes threatening gestures, and tells her she will regret this. Employee A indicates she is fearful of what B might do to her (Stalking). Page 69 Rose-Hulman Institute of Technology Staff Handbook. When a violation of any other Rose-Hulman rule is motivated by the actual or perceived membership of the victim on the basis of sex or gender or in a protected class, it may be pursued using this policy and process. Sanctions for the above-listed “Other Civil Rights Behaviors” behaviors range from reprimand up through and including expulsion (students) or termination of employment. 5. Retaliation Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing a complaint or for assisting in providing information relevant to a claim of harassment is a serious violation of Rose-Hulman policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator(s) or to a member of the Equity Resolution Panel and will be promptly investigated. Rose-Hulman is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. 6. Remedial Action Rose-Hulman will implement initial remedial and responsive and/or protective actions upon notice of alleged harassment, retaliation and/or discrimination. Such actions could include but are not limited to: no contact orders, providing counseling and/or medical services, academic support, living arrangement adjustments, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources. Rose-Hulman will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor who has been found to engage in harassing or discriminatory behavior or retaliation. Procedures for handling reported incidents are fully described below. Deliberately false and/or malicious accusations of harassment, as opposed to complaints which, even if erroneous, are made in good faith, are just as serious an offense as harassment and will be subject to appropriate disciplinary action. 7. Confidentiality and Reporting of Offenses Under This Policy Rose-Hulman officials, depending on their roles at Rose-Hulman, have varying reporting responsibilities and abilities to maintain confidentiality. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. Other resources exist for you to report crimes and policy violations and these resources will take action when you report victimization to them. Most resources on campus fall in the middle of these two extremes; neither RoseHulman, nor the law, requires them to divulge private information that is shared with them, except in rare circumstances. The following describes the three reporting options at Rose-Hulman: a. Confidential Reporting If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with on-campus counselors, campus health service providers, Equity Resolution Panel advocates, Page 70 Rose-Hulman Institute of Technology Staff Handbook. off-campus local rape crisis counselors, domestic violence resources, local or state assistance agencies, or on or off-campus members of the clergy/chaplains who will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor. Campus counselors are available to help students free of charge and can be seen on an emergency basis during normal business hours and will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to the student. Additionally safe and anonymous reports, which do not trigger investigations, can be made by victims and/or third parties using the reporting form posted at http://www.rosehulman.edu/media/1464707/incident-report-form.pdf. b. Private Reporting Those seeking to report misconduct may seek advice from certain resources who are not required to initially tell anyone else your private, personally identifiable information unless there is a pattern of abuse, cause for fear for your safety or the safety of others. These resources include employees without supervisory responsibility or remedial authority to address discrimination, harassment, retaliation and/or sexual misconduct, such as resident assistants (RAs), non-supervisory faculty members, advisors to student organizations, career services staff, admissions staff, student activities personnel, athletic trainers, and many others. If a reporting party is unsure of someone’s duties and ability to maintain privacy, ask them before talking to them. They will be able to explain and help a reporting party to make decisions about who is in the best position to help. All these resources, such as RAs, are instructed to share incident reports with their supervisors, but they do not share any personally identifiable information about the report unless the reporting party gives permission, except in the rare event that the incident reveals a need to protect the reporting party and/or other members of the community. If personally identifiable information is shared, it will be shared with as few people as possible and all efforts will be made to protect privacy to the greatest possible extent. c. Formal Reporting Options Party bringing a complaint is encouraged to speak to Rose-Hulman officials, such as the Title IX Coordinator(s), ERP members, Dean of Students, Dean of Student Affairs, or Public Safety Officers to make formal reports of incidents of sexual misconduct. Party bringing a complaint have the right, and can expect, to have complaints taken seriously by Rose-Hulman when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a party bringing a complaint’s rights and privacy. 8. Federal Timely Warning Obligations Victims of sexual misconduct should be aware that Rose-Hulman administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. Rose-Hulman will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger. This policy was implemented in July, 2014. Page 71 Rose-Hulman Institute of Technology Staff Handbook. NOTICE OF VIOLATION OF THE POLICY ON EQUAL OPPORTUNITY, HARASSMENT AND NONDISCRIMINATION REPORT FORM Rose-Hulman has an expectation that employees will share information they receive about possible violations of the Institute’s Policy on Equal Opportunity, Harassment, and Nondiscrimination. This form is intended to convey information needed to track the Institute’s response to campus incidents being reported, as well as to assess the danger the incident represents to the campus community. Annual statistical information will be based on this report, as will the need to make timely warnings to the campus community, for the protection of those who may be at risk. Instructions: Fill in all fields that apply. Report only one incident per form. Take more space than is given on this form, as necessary, to complete the descriptions. You are to return this form to the Title IX Coordinator(s) or Assistant Coordinator(s) within 24 hours of becoming aware of any report. Your name:______________________________ Position/Dept.:_______________________________ Phone:__________________________ E-mail: ______________________________________________ Reported to you by: (circle one) victim witness third-party anonymous Date of Report:_______________ Date of incident:_______________ Time of incident:_____________ Where did the incident occur?________________________________________If you wish to avoid specifics, circle one of the following: On-Campus Residence Hall Public Property Off-campus Other (Please see descriptions of these four categories on reverse of this page, for proper classification) Please described the incident in as much detail as possible _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Do you have reason to believe this incident represents a present threat of harm or danger to the victim or other member(s) of the community? yes___ no____ if yes, why:_________________________________________________________________________________ ________________________________________________ Was a weapon involved yes___ no____ Number of assailants/perpetrators:____________________ If a single assailant/perpetrator, describe: gender:_____ race:_____ age:____ height:_____ weight:_____ Role of assailant/perpetrator(s) on campus: student__ faculty___staff___ no campus role___unknown___ Page 72 Rose-Hulman Institute of Technology Staff Handbook. Name of alleged assailant(s):*__________________________________________________________________ Was there any evidence that this incident was motivated by the victim’s (circle all that apply): Race ethnicity age gender sexual orientation religion Other departments or individuals to whom the victim/reporter has reported this incident _____________________________________________________________________________________ Name of reporting victim *______________________________________________________________ Names and contact information for any relevant witnesses*______________________________________________________________________ ______________________________________________________________________________ * Any field denoted with an asterisk is a field that may be left blank by you if you intend for this report not to serve as actual notice to the Institute of harassment, discrimination, sexual assault or other civil rights violation for which notice will trigger an obligatory investigation by the Institute. Some employees are required to complete this form in full, while others may withhold from the fields designated with a *, depending on your role. Training has been provided on what you are required to report, but if you are unsure, please consult with your supervisor. The term 'campus' means: “any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).” If an incident occurred on-campus in a residence hall, please circle both “On-Campus” and “Residence Hall” on the front side of this form. * The term 'off-campus’ means: “any building or property owned or controlled by a student organization recognized by the institution; and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.” * The term 'public property' means... “...all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.'' Page 73 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 5 DRUG FREE WORKPLACE POLICY Purpose and Goal Rose-Hulman Institute of Technology is committed to protecting the safety, health and well-being of students, employees and visitors in our workplace. We recognize that alcohol abuse and illegal drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. The Institute encourages employees to voluntarily seek assistance with drug and alcohol problems. A. Definitions Controlled substances/drugs – include, but are not limited to: o narcotics, such as opium, heroin, morphine and synthetic substitutes; o depressants, such as chloral hydrate, barbiturates, and methaqualone; o stimulants, such as cocaine (and any derivatives) and amphetamines; o hallucinogens, such as LSD, mescaline, PCP, peyote, psilocybin, Ecstasy, and MDMA; o cannabis, such as marijuana and hashish; and o any chemical compound added to federal or state regulations and denoted as a controlled substance. Covered Individuals o Any individual who conducts business for the organization, is applying for a position or is conducting business on the organization's property is covered by our Drug-Free Workplace Policy. o Our policy includes, but is not limited to the Cabinet, department heads, directors, managers, supervisors, full-time employees, part-time employees, off-site employees, contractors, volunteers, interns and applicants. Institute premises o Any building or land owned, leased, or used by the Institute. Institute vehicle o Any vehicle owned, leased or operated by the Institute. Criminal drug statute conviction o When an employee is convicted of or pleads guilty to a drug statute conviction as defined by State or Federal Law. Testing for Reasonable Suspicion o Testing for a specific cause conducted immediately after there is significant evidence of using or being under the influence of drugs or alcohol while at work, (i.e.: aroma of alcohol on breath, exhibiting behavior markedly different from their normal behavior including symptoms normally associated with being under the influence, such as staggered gait, slurred Page 74 Rose-Hulman Institute of Technology Staff Handbook. speech, reddened eyes, unkempt look or extreme drowsiness or directly observed drinking alcohol (when unauthorized) or using drugs). B. Applicability Our Drug-Free Workplace Policy is intended to apply whenever a person is representing or conducting business for the Institute. Therefore, this policy applies during all working hours and while on call or paid standby. Prohibited Behavior It is a violation of our Drug-Free Workplace Policy for Institute employees and covered individuals to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs or intoxicants while on Institute premises; while conducting Institute business off campus or while driving Institute vehicles on or off-campus. Employees may not be at work under the influence of alcohol or while unlawfully using controlled substances. The consumption of alcohol at events where the Institute has authorized such use is permitted. Only individuals of legal drinking age may consume alcohol at these events. Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee or covered individuals taking prescribed or over-thecounter medications will be responsible for consulting the prescribing physician or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise their safety or the safety of others, it is the employees and covered individuals responsibility to use appropriate Institute procedures, as applicable (i.e.: call in sick, use accrued leave time, request change of job duty or notify supervisor) to avoid unsafe workplace practices. The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our Drug-Free Workplace Policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deteriorates and/or other accidents occur. C. Notification of Office of Public Safety Any individual observed unlawfully manufacturing, distributing, dispensing, using, or possessing alcohol or illegal drugs on Institute premises is to be reported immediately to the Office of Public Safety. D. Shared Responsibility Office of Human Resources Responsibilities o The Institute will inform all employees of the Drug-Free Workplace Policy upon employment at New Employee Orientation and annually through usual employee communication mechanisms. o Provide access to training for supervisors and managers. o If notified that an employee may be under the influence, the supervisor will talk with, and observe, the employee to get the employee’s explanation of what is occurring. If there is a legitimate explanation for the behavior, then the supervisor may need to provide follow-up, especially if the reason is due to a medical issue such as diabetes. If there is no legitimate explanation, then the Director of Human Resources will make a determination on drug testing due to “reasonable suspicion.” o Refer and provide appropriate support for employees after drug testing and/or substance abuse treatment. Page 75 Rose-Hulman Institute of Technology Staff Handbook. Department Responsibilities o Supervisors with reasonable suspicion that a substance abuse problem may be resulting in unsatisfactory work performance should review those problems with the next level supervisor and the Director of Human Resources. Workplace performance issues should always be documented. o Take corrective action as appropriate after consultation with the Director of Human Resources. o When there is a suspension of responsibilities directly related to drug or alcohol use, upon authorization to return to work, an individual return-to-work agreement should be written in consultation with the Director of Human Resources. o Provide appropriate supervision for employees in accordance with return-to-work agreements. Employee and Other Covered Individuals Responsibilities o Employees and other covered individuals are expected to refrain from illegally using drugs or illegal substances at all times and refrain from being under the influence of alcohol while at work or representing the Institute. There may be special occasions where alcohol is being served on behalf of the Institute which would constitute an “authorized” event. If it is observed that the individual may be under the influence, by exhibiting symptoms such as staggered gait, slurred speech, reddened eyes, unkempt look or extreme drowsiness, then arrangements will be made to drive the individual home safely. o Report any dangerous behavior of the individual to the supervisor immediately. o Support co-workers and other covered individuals who are seeking assistance. E. Notification of Convictions Any employee who is convicted of a criminal drug violation in the workplace must notify the Institute in writing within five calendar days of the conviction. The Institute will take appropriate action within 30 days of notification. F. Consequences One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek assistance with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. In the case of applicants, if he or she violates the policy, the offer of employment may be withdrawn. The applicant may reapply after six months and must successfully pass a pre-employment drug test to be considered for employment. If an employee violates the policy, he or she may be subject to disciplinary action and may be required to enter a rehabilitation program. An employee required to enter a rehabilitation program but refuses to do so or fails to successfully complete the program, and/or repeatedly violates the policy, will be terminated from employment. This policy does not prohibit the employee from being disciplined or discharged for other violations and/or performance issues. G. Assistance Rose-Hulman Institute of Technology recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our Drug-Free Workplace Policy: Encourages employees to seek assistance if they are concerned that they or their family members may have a drug and/or alcohol problem. Page 76 Rose-Hulman Institute of Technology Staff Handbook. Encourages employees to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate resources for assistance. Ensures the availability of a current list of qualified community professionals. Allows the use of accrued paid leave while seeking professional treatment. Allows for treatment of drug or alcohol issues through the Institute health insurance plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. H. Confidentiality All information received by the Institute through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Frequently Asked Questions Q. How will I know at an Institute sponsored event that the Institute is providing the alcohol? A. If you are at an Institute sponsored event, alcohol may be available through an open or cash bar. Generally, if it is an open bar, ARAMark is providing the alcohol on behalf of the Institute. Each employee is accountable for ensuring they do not drive while under the influence of alcohol. If you feel that you are intoxicated, ask a colleague for a ride or call a cab. Q. What does “under the influence” mean? Drinking one beer or glass of wine? A. Being under the influence of alcohol occurs at the point one reaches a blood-alcohol content of .08 percent, the maximum legal limit for intoxication in Indiana. The number and types of drinks consumed are not an accurate measure of blood alcohol content, largely because of variations in weight, gender and body fat. Q. Does the policy apply if I am driving my vehicle on Institute business? A. If you are driving your own vehicle on Institute business, then your insurance carrier is primary. Depending on the circumstances, the Institute’s liability insurance could cover if you go over your liability limit; however, if you were drinking prior to driving, the Institute’s carrier would not accept responsibility. Q. If I am at a conference giving a speech in the afternoon, can I have an alcoholic beverage at lunch? A. If you are acting in your capacity as an employee of Rose-Hulman, you should refrain from having an alcoholic beverage until the conclusion of the conference. Q. If I am at a Rose-Hulman event off campus (banquet, reception, golf outing, alumni event, track event, etc.) can I consume alcohol? What if I am at dinner interviewing a candidate? A. If you are acting in an official capacity as an employee of Rose-Hulman, then you will have to use good judgment when consuming alcohol. You may want to cease drinking at least one hour before the end Page 77 Rose-Hulman Institute of Technology Staff Handbook. of an event. You do not want to leave the event and drive while legally “under the influence”. If you know you are under the influence, then ask a colleague for a ride or call a cab. Q. If I am traveling overseas with students, should I allow them to drink if they are of legal drinking age? A. If they are of legal drinking age, you are not “allowing” them to drink – they are making their own decision to drink. If you are buying them alcohol, then it will be your personal liability if a tragedy occurs. You should refrain from purchasing alcohol for students and you should never purchase alcohol with Institute funds. Q. If I am on-call, can I have an alcohol beverage at home? A. Those employees on paid “on-call” or “standby” status should refrain from consuming alcohol during this period. Not being able to report to work because of being “under the influence” could result in disciplinary action. Page 78 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 6 ROSE-HULMAN INSTITUTE OF TECHNOLOGY Office of Human Resources PERFORMANCE APPRAISAL To: Return completed Performance Appraisal to the Office Of Human Resources, CM 24 no later than ___________________________ Office of Human Resources From: Date: PERFORMANCE APPRAISAL Employee Name: Department: Title: Reason for Review: Annual Initial Review Period Unsatisfactory Performance Other Employee hire date Date of last appraisal Due date of this appraisal Instructions: Carefully evaluate employee’s work performance in relation to current job requirements. Rate employee’s overall performance in comparison to essential job functions and responsibilities. Mark the appropriate performance rating with an X inside the box for each general factor. DEFINITION OF PERFORMANCE RATINGS Exceeds Expectations – Overall performance consistently exceeds expectations. Meets Expectations – Overall performance consistently meets expectations. Needs Improvement – Overall performance consistently does not meet expectations; improvement is needed. A Performance Improvement plan must be completed for each general factor that is rated as “Needs Improvement” N/A - Not applicable (e.g. too soon to evaluate or does not apply to this employee). GENERAL FACTORS 1. Adherence to Policy – The extent to which an employee follows and observes Institute and departmental policies, such as, but not limited to, appearance, attendance, confidentiality, ethical conduct and safety Exceeds Expectations Meets Expectations Needs Improvement N/A Comments: 2. Effectiveness/Quality of Work – The extent to which an employee demonstrates qualities, such as, but not limited to, creativity, flexibility, productivity, organizational and multi-tasking skills; achieves results, such as, but not limited to, producing work that is accurate, thorough and complete. Exceeds Expectations Meets Expectations Needs Improvement Comments Page 79 N/A Rose-Hulman Institute of Technology 3. Staff Handbook. Job Knowledge – The extent to which an employee possesses the practical/technical knowledge required on the job. Exceeds Expectations Meets Expectations Needs Improvement N/A Comments: 4. Judgment/Decision-Making – The extent to which an employee demonstrates the ability to make sound decisions. Effectively considers all relevant facts, takes action and/or offers recommendations to resolve challenges. Exceeds Expectations Meets Expectations Needs Improvement N/A Comments: 5. Leadership – The extent to which an employee demonstrates qualities such as, but not limited to, encouraging excellence, fostering commitment, mentoring others, and serving as a positive role model; demonstrates professionalism, independence, and initiative to support the Institute and departmental missions. Exceeds Expectations Meets Expectations Needs Improvement N/A Comments: 6. Managerial Ability – The extent to which an employee demonstrates effective resource management. Effectively directs, encourages, and supports others. Is able to prioritize and organize work to ensure assignments are completed and objectives are met in a timely manner. Exceeds Expectations Meets Expectations Needs Improvement N/A Comments: 7. Professional Relationships – The extent to which an employee demonstrates the appropriate attitude and ability to cooperate, communicate, and work with internal and external constituents. Exceeds Expectations Meets Expectations Needs Improvement Comments Page 80 N/A Rose-Hulman Institute of Technology Staff Handbook. PROFESSIONAL DEVELOPMENT PLAN 1. Review of prior year’s professional development activities, goals and accomplishments. Include any other new skills or abilities acquired since last review: Comments: 2. Recommendations for goals for the upcoming year: Comments: 3. Recommendations for professional development activities for the upcoming year (i.e. seminars, training, schooling, etc.) Comments: Employee Comments: Employee’s Signature* Date: *Signature indicates that the Performance Appraisal has been reviewed with me and does not necessarily imply that I agree with this Performance Appraisal Supervisor’s Signature* Date: Next Performance Appraisal: 30 Days 60 Days 90 Days Anniversary Date Other ____________ Page 81 Rose-Hulman Institute of Technology Staff Handbook. ROSE-HULMAN INSTITUTE OF TECHNOLOGY Office of Human Resources PERFORMANCE IMPROVEMENT PLAN Employee Name Department (list the general factor category which needs improvement) General Factor Performance Issue: (describe in detail the performance issue, citing examples) Specific Improvements: (describe specific improvements needed) Action Plan: (list in detail the steps needed to make these improvements) Follow-Up Review Date: Employee’s Signature* Date: *Signature indicates the Performance Improvement Plan has been review with employee. Supervisor’s Signature* Date: Page 82 Rose-Hulman Institute of Technology Staff Handbook. PERFORMANCE IMPROVEMENT PLAN FOLLOW-UP REVIEW General Factor Employee has achieved the required improvement(s) as described on the Performance Improvement Plan, no further action is necessary. Employee has made some progress as described on the Performance Improvement Plan, but improvement(s) are still needed. Additional follow-up review is necessary. Performance Issue: (describe in detail the performance issue, citing examples) Next Follow-Up Review Date: Employee has made no improvement(s) as described on the Performance Improvement Plan, further action is necessary. This section should be reviewed with the Human Resources Office prior to completing. Specific Improvements: (describe specific improvements needed) Next Follow-Up Review Date: Comments: Employee’s Signature* Date: *Signature indicates the Performance Improvement Plan has been review with employee. Supervisor’s Signature Date: Page 83 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 7 SNOW POLICY Any decision to cancel classes and close the school is made by the President or, in his absence, by another Executive Officer of the Institute. In considering such a decision, the fundamental premise is that we want to keep the school open and are not looking for a reason to close. This viewpoint does not reflect the desire to simply keep going when other institutions are closing. It reflects, rather, our seriousness of purpose and our unique situation. First, we take our educational mission seriously. While everyone enjoys a holiday, we also recognize how much learning has to be accomplished in a short period of time. Students are paying their tuition for the classes and laboratories we provide. This is the major focus of their lives and--while we know they would probably forgive us for canceling a class or assignment--they also depend on us to give them the education they have contracted for. Second, our situation is different. The first question to be asked in thinking about a school closure is, “Can the students get here?” Since 60% of our students reside on campus, the answer to that is almost always “Yes.” That doesn’t mean we ignore the other 40%, but we know we will have people in the classroom if we decide to hold class. Thus, while companies or schools that draw their people from all over the Wabash Valley may be well advised to close in bad weather, we have the “luxury” of remaining open. The other questions we have to ask are not as easily answered: Can off-campus students get here? Can faculty and staff members get here? If students, faculty members, and staff members can get to campus, will its roads and walkways be reasonably clear? Would the wind-chill put students or employees in serious jeopardy if they become stranded while trying to get to campus? To answer questions one and two, we look at the condition of the main arteries: I-70, Wabash, Ohio, Poplar, etc. If they are passable then a significant portion of the employees and off-campus students can probably get here because they live reasonably close to those streets. We realize that a portion of our faculty and staff members live in rural areas that are inaccessible even in modestly bad weather, but we will plan to hold classes as long as we’re sure the majority can be here. If we did otherwise, we would be closed a large portion of the time. The answers to the latter questions all depend on someone evaluating the particular situation and making the final decision. After the school has made its best decision, employees and off-campus students must make theirs. We expect them to have some commitment to the goals and purposes of the school and to make a reasonable effort to get here even if it is somewhat inconvenient. On the other hand, people should not take unreasonable risks with their lives or their property to be here. Ultimately, each of us must decide the advisability of trying to reach the campus when the weather is inclement. Only you know your particular situation, and you will not be criticized if your best judgment tells you not to venture out. The school hopes this policy seems reasonable and welcomes your suggestions about how this decision-making process might be improved. (See Section 4.10 Inclement Weather) Page 84 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 7 STAFF PAY POLICIES FOR INCLEMENT WEATHER CLOSINGS (REV. 01/29/14) Any decision to cancel classes and close campus is made by the President or designee (another Cabinet member) in the President’s absence. If campus remains open, staff are expected to report to work. If campus is closed prior to staff reporting for their scheduled work day/shift, they will be paid for regular scheduled hours. EXEMPT STAFF If campus remains open and adverse weather conditions develop during the work day, exempt staff may request to leave early and take vacation time. If campus remains open and exempt staff are unable to report to work due to adverse weather conditions, they will be required to take vacation time to be paid; if exempt staff have no vacation accrual, their pay will be docked for the full day. Exempt staff who left work due to the campus closing will receive regular pay from the time of the closing through the end of their regular scheduled work day. Exempt staff who were not at work at the time of the campus closing because they were scheduled to use vacation or sick hours, will report vacation or sick hours taken. NON-EXEMPT/HOURLY STAFF If campus remains open and adverse weather conditions develop during the work day, non-exempt staff may request to leave early and take vacation time to be paid. If campus remains open and non-exempt staff are unable to report to work due to adverse weather conditions, they will be required to take vacation time to be paid; if non-exempt staff have no vacation accrual, their pay will be docked for their regular scheduled shift. Non-exempt staff who left work due to the campus closing will receive regular pay from the time of the closing through the end of their regular scheduled shift. Non-exempt staff who were not at work at the time of the campus closing because they were scheduled to use vacation or sick hours, will report vacation or sick hours taken. Non-exempt staff determined to be “essential personnel” based on their immediate job functions and/or as required by their supervisor, and who reported to work or continued to work past the time of campus closing, will be paid one and one-half times all hours worked during the closing period. Page 85 Rose-Hulman Institute of Technology Staff Handbook. Additional vacation hours will be added to each non-exempt staff vacation accrual bank for those who worked during the closing as follows: If non-exempt “essential personnel” worked less than eight (8) hours inclement weather overtime (ICO), an additional four (4) hours of vacation will be added to their vacation accrual bank for each day of campus closing they worked. If non-exempt “essential personnel” worked at least eight (8) hours inclement weather overtime (ICO), an additional eight (8) hours of vacation will be added to their vacation accrual bank for each day of campus closing they worked. Special schedules not worked will not be paid; for example, those staff who had planned to work extra hours, but left due to closing, will not be paid for anticipated extra hours – only through the end of their regularly scheduled shift. Hours worked during closing periods require pre-approval of the employee’s supervisor. Non–benefit eligible staff, including student workers and temporary workers, receive pay only for hours actually worked, even if those hours occurred after the Institute is closed. If circumstances require the closing of the Institute to extend beyond 48 hours, work schedules and pay procedures will be determined as needed. Page 86 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 8 WORKER’S COMPENSATION INSURANCE Worker’s Compensation coverage provides financial compensation to employees* when they are injured on the job due to a work related injury that arises out of and due to the employees employment responsibilities. Compensation is in the form of loss wages and medical costs. Rose-Hulman obtains Worker’s Compensation insurance coverage from an insurance carrier. An injury "arises out of the employment" when there is a relationship between the injury sustained and the duties or services performed by the employee. Ind. Code §22-3-6-1(e). *For Worker’s Compensation purposes; an employee is an individual classified by Rose-Hulman as a FT/PT employee and obtains a monthly or bi-weekly wage/payroll statement and W2 from Rose-Hulman. W/C Packets-Site Coordinators Site Coordinators are trained on how to file a First Report of Injury in the event of a work related injury. Employees can receive their Work Comp packet and instructions from the Site Coordinator or their immediate supervisor. The Site Coordinator and the immediate supervisor are first contacts in the event of a work related injury. Employees are only permitted to seek initial treatment from the medical providers or locations listed within the packet. Any referrals to another physician or location (unless life threatening) must be pre-approved by the workers compensation carrier. Unapproved referrals for a work related injury will not be covered by Worker’s Compensation or by the Rose-Hulman group health insurance. Please follow the process as outlined to avoid any personal financial hardship. If an employee is traveling, they should seek initial treatment at the closest emergency care or emergency room and notify their immediate supervisor or site coordinator of their situation immediately. How to Report an Injury Step by Step Claim Procedures: 1. Immediately notify your immediate supervisor or Site-Coordinator of the injury. 2. Complete First Report of Injury form. 3. The immediate supervisor or Site-Coordinator must email (preferred method) or hand deliver a completed First Report of Injury form to Susan Butts within 24 hours of the date of the injury. A delay in reporting the work comp incident to RM will delay the approval and acceptance time of the Work Comp carrier-please submit all injury reports ASAP 1. READ the information provided within the “Employee Care Packet” received from your immediate supervisor or Site-Coordinator. 2. Obtain medical treatment at one of the “Initial Care Physicians” listed within the “Employee Care Packet” for treatment due to your W/C injury. Injured employees are not authorized to receive medical treatment from any locations other than those listed on the “Initial Care Physician” form without prior approval from our Worker’s Compensation carrier, unless for a life threatening injury. Page 87 Rose-Hulman Institute of Technology Staff Handbook. 3. Employee will be subject to a drug and alcohol screening at time of medical treatment/s. 4. During the initial visit, provide the medical care provider with the Medical Provider Report that is located within the Employee Packet. 5. Return to work and provide your supervisor or Site-Coordinator, as well as Risk Management, with the Medical Release or Return-To-Work form that you receive from the medical care provider. NOTE: If your injury requires any work restrictions or time off from work, please notify your immediate supervisor and Risk Management as soon as possible. You are not permitted to seek medical treatment or be referred to another medical care provider (unless life threatening) without the approval of the insurance carrier. Additional Information Prescription Coverage Prescription coverage is provided by our Workers Compensation carrier when the employee’s injury requires medication. Employees are not permitted to use their RHIT prescription card for prescriptions related to their worker’s compensation injury. A temporary prescription card is located within each SiteCoordinator/Work Comp packet. Once the claim has been assigned to an insurance adjuster, additional information related to prescriptions will be provided to the employee by the insurance carrier. Return to Work Program (RTW) In the event an employee suffers an injury which was caused by and due to their job responsibilities, and such injury requires work restrictions, Rose-Hulman will work with the immediate supervisor to determine if the restrictions will prohibit the employee from performing their normal job functions. If the injury prohibits the employee from performing their normal job functions, we will look for other work available within the employee’s immediate department. If there is no work available within the employee’s immediate department, the Institute will temporarily place the injured employee in an alternative department on or off campus. The employee will remain in the alternative department until the light duty work is no longer available or until the employee’s work restrictions are changed by the physician. While working within the alternate department, that department’s supervisor will oversee the supervision of the temporarily placed employee. Any time away from work (medical appointments, vacation, sick time and etc...) will be coordinated through the temporary department supervisor as well as Risk Management. The work hours while on light duty (restricted work) may be different than the employees normally scheduled hours or shift. If there is no light duty or alternative work available, the employee will remain off work until their work restrictions are changed by the work comp physician, until light duty becomes available or until the employee is released to return to work, whichever comes first. Rose-Hulman will provide, when available, light duty work for a maximum period of no longer than 180 days, per injury. After 180 days, or when such restrictions cannot be accommodated, the employee will be released from the RHIT RTW program and will remain off work until they are released from Work Comp, or no longer have work restrictions. After the waiting period has been satisfied and all work comp Page 88 Rose-Hulman Institute of Technology Staff Handbook. requirements have been met, the employee will be paid a salary through the work comp carrier at a rate of 66 2/3% of the employees “average weekly wage.” Worker’s Compensation Insurance policy and forms site Policy- http://www.rose-hulman.edu/offices-and-services/insurance-risk-management/workerscompensation.aspx Forms- http://www.rose-hulman.edu/offices-and-services/insurance-risk-management/forms.aspx Page 89 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 9 POLICY FOR RESPONSIBLE USE OF ROSE-HULMAN COMPUTING FACILITIES GENERAL GUIDELINES A. GENERAL GUIDELINES o Computing resources and facilities are provided by the Rose-Hulman Institute of Technology (RHIT) for the following uses: o Support and enhance the educational mission of the Institute o Support and enhance the educational experience of every student o Assist the faculty, staff, and students in their academic, research, and professional activities o Provide administrative support for the Institute All RHIT computing resources and facilities (computers and file servers, internet access, internal network access, printing services, public lab computers, etc.) are shared among all faculty, staff, and students. Individual users are expected to ensure that their activity does not preempt or hinder some other user's activity. Furthermore, all use must be responsible (ethical and legal), based on criteria outlined in this document. Misuse of the RHIT computing resources harms every member of the RHIT community. The general policy of the Institute published in the Student Handbook offers excellent guidance about responsible use of Institute computing resources and facilities: The Institute values its reputation for moral leadership as much as its reputation for academic excellence and expects all persons associated with it to maintain the reputation. The Institute's Code of Ethics is simple and direct: Rose-Hulman expects its students to be responsible adults and to behave at all times with honor and integrity. The Institute, whenever possible, gives all legitimate users the discretion to determine how best to shape their own use of the computing resources and facilities within the guidelines of this policy. Users are responsible for their actions, the consequences of those actions, and the consequences of negligent inaction. As such, users whose judgment leads to activities inconsistent with the guidelines of this policy risk disciplinary action and possible imposition of restrictions to enforce the guidelines of this policy. The guidelines set forth in this policy are not a comprehensive list of what is or is not allowed but rather a guide to help individuals exercise good judgment and responsible system use. No one should assume that any system use not specifically excluded by this policy is legitimate or that it will be treated as such. Any use that endangers or degrades the computing facilities or has the potential to do so is contrary to this policy. The Institute enforces the principles in this document as well as the specific guidelines enumerated below. While responsible incidental personal use (personal email, network browsing, game playing, etc.) of the computing system is acceptable, the primary purpose for its existence is to support the educational and academic missions of the Institute. Incidental personal use must not interfere with the educational mission of the Institute or the incidental personal use being exercised by other users. B. SPECIFIC GUIDELINES 1. Applicability Page 90 Rose-Hulman Institute of Technology Staff Handbook. This policy applies to all Institute computing facilities (equipment, networks, network connections, and software) and services. In some cases, it may be superseded or modified by policies of departments with their own computing facilities. However, where departmental facilities are used for tasks that involve facilities or services provided by the office of Enterprise Information Technology (EIT) this policy will apply. 2. Illegality All illegal behavior is fundamentally unethical and therefore violates this policy; such behavior may result in both disciplinary and legal repercussions. 3. Negative Impacts on Others The use of computing facilities, either intentionally or through reckless system use, to harm or negatively impact another's legitimate use of computing facilities is unethical. 4. Limited Resources Due to resource limitations, priority is given to purely academic and administrative tasks when resource needs are in conflict. Users whose consumption is excessive during times when resources are critically limited may be subject to EIT regulation. To aid users in moderating their resource consumption, EIT makes available information and statistics regarding individual consumption of resources. 5. Public Equipment Public equipment (workstations, terminals, printers, etc.) is provided by the Institute for use by all students, faculty, and staff. This equipment is provided as a shared resource. If your use of the equipment adversely affects its availability to the community, EIT may restrict your access to these resources. Public equipment is maintained by EIT, and problems with said equipment should be reported to EIT. Under no circumstances should you attempt to move, repair, or service the equipment. 6. Account Responsibility User accounts, like computing facilities, are provided and owned by the Institute. Use of Institute accounts is a privilege, and users are responsible for any unauthorized use made of their accounts or of material stored in their accounts. The intentional attempt to gain unauthorized access to any account is unethical. Because unscrupulous users may still attempt such behavior, users should be aware that no email, files, or data, are perfectly secure. 7. Intellectual Property Theft and Tampering Viewing or using private files, programs or data without authorization is an invasion of privacy, even if that material appears to be legally and/or electronically unprotected. Copying, providing, receiving, using copyrighted material in ways inconsistent with valid licensing agreements is a violation of this policy. Due diligence must be exercised Page 91 Rose-Hulman Institute of Technology Staff Handbook. by the creators and users of networks or services which enhance or facilitate file access and/or sharing capabilities beyond those of the core Institutional computer services in order to ensure that copyrighted materials are not copied, provided, received, shared, or used in ways inconsistent with valid licensing agreements. Users must realize that unauthorized access or use of computing resources may be a criminal or civil offense. 8. Electronic Communications Sending fraudulent, harassing or obscene messages and/or materials is unethical, and may be illegal. When in doubt about appropriate message content, consult the general statement published in the Student Handbook and given under the general guidelines above. 9. Information Services Public information services available to users beyond Rose-Hulman campus are not within the jurisdiction of EIT. Faculty or staff questions and concerns about providing such services in a legal and ethical manner should be directed to the Department of Development and External Affairs (DEA); student questions should be directed to the Rose-Hulman Student Government Association (SGA). 10. Commercial Use Use of Institute computer resources for non-Institute commercial purposes in a manner that places a disproportionate draw on aggregate Institute resources requires written authorization and arrangement for suitable compensation to the Institute. Arrangement of such authorization and compensation falls under the jurisdiction of, and should be arranged with, the Vice President of EIT. 11. Disclaimer To provide opportunities for intellectual and personal development campus organizations may offer computer access to material on a variety of topics. However, the availability of material on the server does not imply that RHIT approves or endorses its content. Material is neither censored nor reviewed and therefore may be offensive, inaccurate or simply untrue. Users should apply the skepticism of a responsible adult when accessing such material. Users must be aware that material available through these services may be objectionable to others. C. ENFORCEMENT 1. Access Restriction Systems that are incorrectly configured or compromised by a third party can have adverse effects on the Rose-Hulman network. In these cases EIT may be forced to restrict that system's access to the Rose-Hulman network until the problem is remedied. 2. Malicious Behavior or Use Page 92 Rose-Hulman Institute of Technology Staff Handbook. Malicious behavior or use will not be tolerated. If a system is being used to commit such acts, it will be immediately removed from the network. 3. Notification In situations where a system must be removed from the network, or its access to the network must be restricted, EIT will make its best effort to notify the owner of the system before the action occurs. However, in cases requiring immediate solution, EIT reserves the right to take action without notice. In such cases, EIT will notify the owner of the system as soon after the action as possible. D. PROSECUTION AND REDRESS Violations of this policy are treated as disciplinary infractions. Normally, the Dean of Students (or a designated representative from the office of Student Affairs) will first discuss an alleged violation with the individual involved. In the case of disputes, the case will be referred to the Computer Use Policy Advisory Committee for a hearing that will result in a recommendation to the Dean of Students. Then, if necessary, the Dean of Students will take action in accordance with the disciplinary policy of the Institute (see the Discipline and Suspension section of the Academic Rules and Procedures). Actions can result in disciplinary probation, suspension, expulsion, and/or legal action. Institute disciplinary actions may be taken in addition to or regardless of the results of legal action. 2. The Academic Rules and Procedures specify the procedures to be followed for resolving disputes and hearing appeals of decisions for violations of this policy. 3. Users who observe any instance of unethical or illegal computer should take the appropriate action, up to and including notifying the office of EIT. Failure to do so could be viewed as an admission of shared responsibility for such actions and their results. The longer violations of the Computer Use Policy continue, the more harm they do to the Rose-Hulman community. 1. Page 93 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 10 FIREARMS, EXPLOSIVES AND WEAPONS POLICY (REV. 02/2015) Policy Statement: Rose-Hulman Institute of Technology holds a zero tolerance regarding the possession and/or use of firearms, explosives or weapons (hereafter referred to as “weapons”) on or in property, real and personal, owned or controlled by the Institute. All members of the Rose-Hulman community and all visitors (excluding law enforcement personnel), are prohibited from possessing weapons on the premises of the Institute regardless of whether a federal or state license to possess the same has been issued to the possessor. Reason for Policy/Purpose: Rose-Hulman is committed to providing a safe and secure environment to conduct educational activities. This policy is a proactive step towards reducing the risk of injury or death associated with intentional or accidental use of weapons. Who needs to know this policy: Faculty, staff, students and visitors Possession of Weapons Prohibited: The possession, storage, and carrying (concealed or otherwise) of weapons on or in property, real and personal, owned or controlled by the Institute is prohibited except as follows: A weapon stored in the custody and control of Institute’s Department of Public Safety (transportation of weapons to and from the Department of Public Safety Office for the purpose of storage provided student or employee has obtained written permission from the Dean of Students or the Director of Human Resources to store weapons). This option shall only be available to students actively enrolled at the Institute and residing in Institute owned or controlled housing. Enforcement: Students in violation of this policy are subject to discipline under the Student Conduct Code, including without limitation expulsion or suspension. Students in violation of this policy may also be referred to law enforcement for prosecution. Employees in violation of this policy are subject to discipline, including without limitation, termination of employment, and may also be referred to law enforcement for prosecution. Any other persons (excluding law enforcement personnel) found in violation of this policy are subject to being barred from Institute property and may also be referred to law enforcement for prosecution. APPENDIX 11 Page 94 Rose-Hulman Institute of Technology Staff Handbook. Major Acts of Misconduct It is not possible to describe all conduct which would constitute a major act of misconduct. Therefore, the following list is not exhaustive. A major act of misconduct may include but is not limited to the following: Theft Gross Insubordination-(e.g.:, glaringly noticeable behavior which is disruptive, rebellious, uncontrollable or unruly) Dishonesty-(e.g.:, behavior which is fraudulent and/or lacks integrity) Release of Confidential Institute Data or Information without Proper Authorization Inappropriate Use or Possession of Alcohol or Drugs on Institute Premises Abusive Behavior-(e.g.:, fighting, aggravated workplace and/or sexual harassment) Discriminatory Practices in any Form Intentional Destruction of the Institute’s Property Intentional Destruction of Another Employee’s Property Possession of a weapon or explosives Job Abandonment Falsification of any record Conviction of a crime, the nature of which would render you undesirable as an associate or coworker Gross negligence in the performance of employment duties Conduct that brings the Institute into disrepute Transfer, use or possession of explosives, fireworks, firearms, dangerous chemicals or any lethal weapon Page 95 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 12 PERSONNEL ACTION NOTIFICATION FORM Employee_________________________________________________________________ Supervisor________________________________ Date of Action________________ The following action is being initiated in accordance with Institute policies and will be entered into your central employee personnel file. ________Written Communication _________Probation _______Suspension _________Termination Employee signature indicates he/she has been provided a copy of this notification. It does not necessarily indicate agreement with the content. The employee has the right to respond in writing. The response will be kept with this document. The presence of Human Resources and/or an Ombudsman or member of the Employee Relations Committee during the corrective action process is intended to ensure the staff member is treated fairly and Institute policies are followed. Therefore, any fair treatment practices issue which arises in the corrective action process must be dealt with in the corrective action process. _________________________________________ (Employee) _________________________________________ (Immediate Supervisor) _________________________________________ (Human Resources) 09/01/98 Page 96 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 13 KEY AND ELECTRONIC ACCESS CONTROL POLICY 1.0 PURPOSE 1.1 Rose-Hulman Institute of Technology established a Keys and Electronic Access policy to promote the safety and security of the Institute. The safety and security of our campus is dependent upon adherence to and enforcement of this policy. 2.0 DEFINITIONS 2.1 Institute Keys/Electronic Access: Keys and electronic access system which opens property or assets owned, leased, rented, or temporarily controlled by the Institute. 2.2 Central Key Control File: Records maintained by the Facilities Operations Department and the Office of Public Safety that identifies electronic access and keys by number and function and signatures of personnel having possession of campus keys. 2.3 Access Control Manager: The Senior Director of Facilities Operations is responsible for the management and maintenance of the keying and electronic access systems. 2.4 Lock Shop: An office in the Facilities Operations Department where the Locksmith is located. 2.5 Review Team: Representatives from Facilities Operations, the Office of Public Safety and the authorizing department of the affected area will jointly evaluate all safety and security concerns. 2.6 Authorized Requestors: The individuals given the authority and responsibility for the adherence to and implementation of this policy. Authorized requestors are responsible for authorizing all individual door key and electronic reader access requests for their area of responsibility. 3.0 POLICY Administration of Institute Keys/Electronic Access 3.1 The Senior Director of Facilities Operations administers regulations and procedures consistent with Institute policy to control campus keys and electronic access associated with assets owned, leased, rented, or temporarily controlled by the Institute and their occupants. The Senior Director of Facilities Operations may delegate administration of the keying and electronic access system. 3.2 In no case shall the issuance of a key or keys be authorized by the same person to whom the key or keys are to be issued. 3.3 The Review Team will review requests not addressed in this policy. 3.4 The Facilities Operations Department alone will authorize and direct the installation of access control hardware for the Institute. Eligibility for Keys Page 97 Rose-Hulman Institute of Technology Staff Handbook. 3.5 Institute keys will be issued to key recipients only when authorized by a Vice President, Department Head or their designated representative. 3.6 The Institute President may authorize the issuance of master keys to Institute employees other than the Vice Presidents or Department Heads. Responsibilities of Vice Presidents & Department Heads 3.7 Vice Presidents are the overall authority to assure this policy is fully implemented within their respective areas and are responsible for the safety and security for their assigned space or building. 3.8 Vice Presidents/Department Heads will grant authority to Authorized Requestors within their respective areas with the responsibility for requesting keys and electronic access on behalf of the department. The Vice Presidents/ Department Heads will forward written verification to the Lock Shop identifying the Authorized Requestor(s) for their areas. Requests from individuals not authorized in writing by a Vice President or Department Head will be denied. Responsibilities of Facilities Operations’ Senior Director of Facilities Operations 3.9 The Senior Director of Facilities Operations is responsible for the administration of Key /Electronic Access which includes the following: Approves all new access control systems and modifications to existing systems. Directs Lock Shop employees’ activities. Ensures the involvement of representatives from the EIT Department with the design and planning of new and modified access control systems. Establishes service programs for access systems. Reviews departmental key/access activity annually. Prioritizes the installation of all lock work on Institute facilities and properties. Responsibilities of Facilities Operations’ Lock Shop Staff 3.10 The Locksmiths are responsible for the administration of Key /Electronic Access which includes the following: Manages the keying/access system for Institute facilities. Maintains current and accurate access control files. Fabricates keys and combinates cores. Responsible for the operating software and hardware of the electronic access system. Manages electronic access privileges and door lock/unlock schedules. Ensures all assigned keys are returned prior to due date or upon transfer / termination. Maintains confidentiality of all records. Responsibilities of Authorized Requestors 3.11 Authorized Requestors will approve the issuance of keys for their respective areas of responsibility and provide approval for electronic access to buildings and spaces via established lock shop procedures. Page 98 Rose-Hulman Institute of Technology Staff Handbook. 3.12 Authorized Requestors and Human Resources will notify the lock shop staff when key holders terminate employment or transfer to another department. 3.13 Authorized Requestors will ensure keys are returned by established expiration dates. 3.14 Authorized Requestors will confirm assigned key inventories annually with the lock shop staff. Responsibilities of Key/Electronic Access Card Recipients 3.15 Key recipients will sign a key receipt form. Key recipients will maintain possession and security of all Institute keys and/or electronic access cards. 3.16 Key recipients will immediately report loss or theft of Institute keys or electronic access cards to their Vice President or Department Head, the lock shop staff and the Office of Public Safety. 3.17 Key recipients will return keys issued by the locksmith by the due date. Building Access 3.18 Building exterior doors will be locked/unlocked on a predetermined schedule. Faculty and Staff have building access after buildings have been secured, through badge readers located on exterior doors, of the building where their primary work station is located. Note: The Office of Public Safety has access to all Institute facilities and is on duty 24/7. They can be contacted for emergency or approved access at any time by calling 877-8590. 3.19 Non-Institute owned or unauthorized locks will be removed by Facilities Operations and/or the Office of Public Safety. 3.20 The Office of Student Affairs will issue electronic access cards and maintain responsibility for the management of keys and electronic door schedules for all residence halls. Lost or Otherwise Un-Returned Keys 3.21 In the event of a lost or otherwise un-returned key the employing department is responsible for the cost of the key(s) if the Institute is unable to secure payment from the former key holder. 3.22 Lost or un-returned individual key: $20.00 per each lost key and $50.00 for each re-core. 3.23 Replacement keys will only be issued after the submission of a new, completed Key Request Form, and after payment of lost key charges. Should re-keying be necessary, the cost is the responsibility of the authorizing department. 3.24 Charges for lost or stolen keys are established by Facilities Operations and approved by the Vice President and Chief Administrative Officer. Charges are reviewed annually and adjusted as deemed necessary. Page 99 Rose-Hulman Institute of Technology Staff Handbook. 3.25 When keys are unaccounted for (lost, stolen, unreturned, etc.) the affected rooms, areas, or buildings will be re-keyed. The Review Team will investigate each instance of compromised areas. The Vice President may request in writing the applicability of the mandatory re-keying policy to the affected area. Duplication of Keys/Electronic Access Cards 3.26 Duplication of keys by anyone other than Facilities Operations is prohibited. 3.27 Replacement electronic access cards are issued by the Office of Student Affairs. Security Keying 3.28 Requests for secure area keying will be evaluated by the Review Team. Page 100 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 14 SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Chapter 58 3-58-1 Findings of fact and statement of purpose a) 3-58-2 The Vigo County Board of Health finds the following facts to exist: 1). Tobacco smoke is a major contributor to indoor air pollution, and breathing second hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and 2). Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and allergic reactions function; and 3). The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which there is no know safe level of exposure. Definitions For the purpose of this Article, the following words and phrases shall have the meanings given them in this Section. a). Bar. Bar means any building, room or area used primarily for the sale of alcoholic beverages for consumption by guests on the premises, and where only guests that are at least 18 years of age may legally enter the establishment. b). Place of employment. Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a childcare, adult day care or health care facility. c). Public conveyance. Public conveyance means any air, land or water vehicle used for the transportation of persons for compensation, including but not limited to airplanes, trains, buses, boats and taxis; d). e) f) g) h) i) Public place. Public place means any enclosed, indoor area used by the general public, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, bars, hospitals, auditoriums, arenas, common areas of hotels and motels. Restaurant. Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Retail store. Retail store means that portion of a commercial occupancy used for the transaction of business or the rendering of a service directly to the public, including shops, convenience stores, retail food stores, laundries or laundromats and department stores; Room. Room means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit; Private Room. Private room means any room that is rented for private entertainment or lodging. Private room means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit; Smoking. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. Page 101 Rose-Hulman Institute of Technology Staff Handbook. 3-58-3 Smoking prohibited in public places; exception No person shall smoke in any public place except: a) b) c) d) e) f) 3-58-4 Established restaurants must have a designated smoking area in a separate room enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors by July 1, 2007. Restaurants established after the clean indoor air ordinance is signed in as record must have a separate designated smoking room enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors, and separately ventilated to the outside with negative air pressure. Bars as defined by section 2 (exempt from amendments or addendums to ordinance for five years after July 1, 2007) The bar area of a bar/restaurant: 1) The bar area must be separately enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors by July 1, 2007; and 2) The bar area of restaurant/bar established after the clean indoor air ordinance is signed in as record must be enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors, separately ventilated, with negative air pressure in relation to dining areas; and 3) Minors are not permitted in the bar area at any time; A civic organization, service club, fraternal or patriotic organization or similar private membership organization, when admission to the organization is limited to members and members’ guests, provided that this exception shall not apply to any organization established to avoid compliance with this ordinance. Private Room as defined by section 2 Responsibilities of owners. The owner and the on-site person in charge of a restaurant subject to this chapter shall: a) b) c) Post NO SMOKING signs or the international “NO SMOKING” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) clearly and conspicuously in every public place and place of employment where smoking is prohibited by this ordinance; Ensure that ashtrays, lighters and matchbooks are not provided in areas where smoking is prohibited; Ask in a reasonable and timely manner any person who smokes in areas where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave; 3-58-5 Retaliation prohibited. No person or employer shall discharge, refuse to hire, penalize, discriminate against or in any manner retaliate against, any employee, applicant for employment or customer because the employee, applicant or customer exercises any right to a smoke free environment afforded by this ordinance or other law. 3-58-6 Other applicable laws. This ordinance is intended to complement the Indiana Clean Indoor Air Law IC 16-41-37, as amended from time to time. Nothing in this ordinance authorizes smoking in any location where smoking is restricted by other applicable laws. 3-58-7 Enforcement a) Enforcement of this subchapter shall be implemented by the Vigo County Health Department, and all other city and county governmental agencies responsible for building inspections, which board and/or departments shall certify in writing that any establishments being inspected is complying with the terms of the subchapter. This may be done by noting compliance to this subchapter on any form already used for building inspections. Page 102 Rose-Hulman Institute of Technology Staff Handbook. b) Upon findings that any provision of this ordinance has been violated, the enforcement designee(s) shall issue a Notice of Violation to the person(s) responsible for the violation. The Notice of Violation shall be in writing and shall be served upon the person(s) responsible for the violation by one or more of the following methods: delivery in person or first class mail. The Notice of Violation shall state: (1) (2) (3) (4) The location of the violation; The nature of the violation; The fine assessed for the violation; That the fine is paid at the clerks office (5) That the fine may be contested in the Vigo County Circuit Courts c) Owners, operators, managers or other persons having control over a restaurant or enclosed area where smoking is prohibited and any citizen who desires to register a complaint under this subchapter may initiate enforcement by calling the city or county governmental agencies responsible for building inspections. d) The owner, operator, or manager of a business shall not be responsible for violations of this subchapter within their premises by patrons or citizens, provided that such patrons or citizens have been adequately informed in a timely manner that their actions may be in violation of the subchapter. 3-58-8 Violation and penalties a) Smoking where prohibited. It is a violation for any person to smoke in an area where smoking is prohibited by this ordinance. b) Owners. It is a violation for the owner or the on-site person in charge of any premises subject to this ordinance to fail to comply with the requirements of this ordinance, or to retaliate against an employee, applicant for employment or customer, as prohibited by Section 6. c) Penalties. A person who violates any provision of this ordinance shall be subject to the following penalties: (1) A fine of one hundred dollars ($100.00) for the first offense (2) A fine of two hundred fifty dollars ($250.00) for the second offense (3) A fine of five hundred dollars ($500.00) for the third and each subsequent offense (4) Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked d) Private right of action. In addition to the penalties, any person injured by a repeated or continuing violation of the Article may bring a civil action against the owner or other person in charge of a public place to enjoin further violations. e) Each calendar day during which the violation occurs shall constitute a separate and distinct offense. 3-58-9 Severability If any portion of this ordinance, or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable, and shall be given effect to the maximum extent possible. Page 103 Rose-Hulman Institute of Technology Staff Handbook. 3-58-10 Effective Date This Ordinance has been passed and adopted this 20th day of June, 2006, by the Vigo County Board of County Commissioners and shall become effective on July 1, 2007. Vigo County Board of Commissioners Signatory, ______________________ Signatory, ________________________ Signatory, ________________________ ATTEST: Signatory, ________________________ Page 104 Rose-Hulman Institute of Technology Staff Handbook. APPENDIX 15 ROSE-HULMAN INSTITUTE OF TECHNOLOGY (RHIT) Conflict of Interest Policy and Procedures (Draft a of January 14, 2004) A. It is the policy of the Institute: 1. To expect its trustees, faculty and staff, while acting for or engaging in an activity affecting the Institute, to do so with loyalty to the Institute and maintenance of the highest standards of ethics and awareness of conflicts of interest , both in fact and appearance; 2. To respect the rights of its trustees, faculty and staff to engage in activities outside the normal scope of their role at the Institute, provided such activities do not conflict with or reflect adversely on the Institute’s interest, or deprive the Institute of an appropriate measure of their time and effort (conflict of commitment); this policy, while generally applicable to all affairs relative to the Institute, shall not be construed so as to unreasonably or unfairly curtail the Institute policy on academic freedom as stated in the Faculty Handbook; 3. To require every member of the Board of Trustees, faculty, and staff to identify and avoid where possible situations involving ethical, legal, financial, or other conflicts of interest, such as (but not limited to): financial dealings that are contrary to the Institute’s best interests, membership or employment relationships that may be in conflict, or; acceptance of favors, money or other considerations which might obligate the recipient to take actions adverse to the Institute’s interest; 4. To require a written conflict of interest disclosure to be completed by each trustee, faculty and staff member at least annually as well as immediately upon the identification of any apparent or implied conflict; 5. To comply with federal regulations10 concerning objectivity in research and err on the side of avoiding (even the appearance of) a conflict of interest by requiring investigators 11 to disclose “significant financial interest”12 that would reasonably appear to be affected by the research for which funding is sought or “significant financial interest” in entities whose financial interest would reasonably appear to be affected by the research for which funding is sought; 6. To review each “significant financial interest” and conflict of interest disclosure, carefully weigh the nature of each conflict and determine if a potential conflict or appearance of such, in fact, exists, and implement a plan to either manage, reduce or eliminate the conflict prior to the expenditure of any funds under an award. 7. To fully comply with reporting obligations imposed by federal agencies. 13 8. To maintain records of conflict of interest disclosure and subsequent actions recommended and taken for a period of three years. Sponsored project conflict of interest disclosure records and action taken to resolve conflicts shall Public Health Service (PHS) policy is entitled “Objectivity in Research”; National Science Foundation (NSF) policy is entitled “Investigator Financial Disclosure Policy. Contact the Sponsored Programs Office with questions. 11 An “investigator” includes principal investigator, co-investigator, or a person involved in a substantive way in the design, conduct, or reporting of sponsored research funded or proposed for funding. When disclosing interests investigators must include the significant financial interests of their spouse and dependent children. 12 “Significant financial interests” means anything of monetary value, including but not limited to: Salary or other payments for services (e.g., consulting fees or honoraria) expected to exceed $10,000 in the next twelve months (when aggregated for you, your spouse and dependent children); An equity interest (e.g. stock, stock options, etc) with a fair market value over $10,000 or which represents more than a 5% ownership in any single entity (when aggregated for you, your spouse, and dependent children); Intellectual property rights (e.g., patents, copyrights and royalties from the rights) 13 Currently, PHS requires reporting of the existence of any identified conflict of interest and assurance that the conflict has been managed, reduced, or eliminated before expenditure of award funds. NSF currently requires reporting of any conflict which the Institute has been UNABLE to manage, reduce or eliminate. Page 105 10 Rose-Hulman Institute of Technology Staff Handbook. be retained for a period of at least three years after termination or completion of a sponsored project or resolution of any civil, government or Institute action involving the records; 9. To circulate this policy at least annually and to new faculty and staff upon hiring or new Trustees upon election to the Board, and to provide procedures for its implementation and administration; B. The following procedures have been adopted to carry out the conflict of interest policy: 14 1. The Chairman of the Board of Trustees shall designate the person(s) responsible for collecting an annual conflict of interest disclosure form from the Board of Trustees, the President, and Vice Presidents. The VP for Academic Affairs and the VP for Business and Finance are responsible for collecting all annual conflict of interest disclosure forms from all faculty and staff respectively. 2. On an annual basis, The Chairman of the Board of Trustees shall also designate the person(s) responsible for reviewing these collected forms. No reviewer shall simultaneously (1) serve as collector nor (2) be a direct report of another reviewer. 3. These designated reviewers will review all collected conflict of interest disclosure forms, determine whether a conflict exists, and work with the appropriate individual(s) to design a plan to manage, reduce, or eliminate the conflict in a manner consistent with the best interest of the Institute and the rights of the individual, while maintaining the highest ethical standards.14 4. During the course of reviewing and investigating a potential conflict or appearance of conflict of interest, the designated reviewers may request additional confidential information from the discloser, other Trustees, officers, faculty, and staff. It is understood that at this stage these individuals will share confidential information only as necessary to resolve the conflict or as required by law. 5. If the designated reviewers are unable to recommend a resolution to a given conflict of interest case, it shall be referred as follows: a. For a Trustee, the President or a Vice President - to the Audit Committee of the Board of Trustees. Conflicts unresolved by the Audit Committee shall be referred to the Executive Committee of the Board of Trustees. b. For Faculty and Staff- to the President of the Institute. Conflicts unresolved by the President shall be referred to the Chairman of the Audit Committee. 6. The President, Audit Committee, or its Chairman, and/or the Executive & Planning Committee of the Board of Trustees shall resolve conflict of interest matters referred to it by determining a course of action that will follow the Policy as stated in Section “A” above, best serve the Institute’s interests and be in accordance with the highest ethical standards. 7. In the case of sponsored programs (funded or potentially funded research projects), investigators will be asked to certify their familiarity with the RHIT conflict of interest policy and disclosure requirements for each proposal submitted to an external funding source. If there is an apparent conflict to be disclosed, the investigator must complete the disclosure form and forward it to the VP for Academic Affairs prior to the submission of the proposal to the external funding source. The VP of Academic Affairs will notify the Director of Sponsored Programs when the conflict has been resolved and provide sufficient information to the Director to meet reporting requirements of external funding agencies. 8. Failure to disclose conflicts of interest in a timely manner or refusal to cooperate in the management, reduction, or elimination of conflicts of interest will be grounds for disciplinary action consistent with the RHIT Staff Handbook or Faculty Handbook or Executive Committee of the Board of Trustees, as appropriate. Conditions or restrictions that may be used to manage, reduce, or eliminate conflicts include: Appropriate public disclosure of interests Adoption of review or monitoring (by independent reviewers) procedures for funded research projects or other activities to ensure the conflicting interests do not violate the RHIT Conflict of Interest Policy or the integrity of the design, conduct or reporting of a funded research project. Withdrawal of the investigator or individual from the project or activity with whom the conflict exits Divestiture of financial interests Severance of the relationships that create actual or potential conflicts Page 106 Rose-Hulman Institute of Technology Staff Handbook. 9. Designated reviewers will prepare a summary report of all disclosures reviewed, as well as specific actions recommended and taken, to be distributed to the President, the Audit Committee and the Executive Committee at least annually (for all outstanding conflict situations) and at every Audit Committee meeting (for newly disclosed and reviewed situations). This report is intended to be for information purposes only. 10. Records will be maintained in the Institute’s secured, confidential files in the Office of Business and Finance. Sponsored project conflict of interest disclosure records and action taken to resolve conflicts shall be retained by the VP for Academic Affairs for a period of at least three years after termination or completion of a sponsored project or resolution of any civil, government or Institute action involving the records. Trustees and employees involved in activities with Rose-Hulman Ventures (RHV) should refer to “Additional Policies and Procedures Regarding Conflict of Interest with Respect to Rose-Hulman Ventures,” a copy of the policy may be obtained from Matthew Davis, Controller (812) 244-4017. Page 107 Rose-Hulman Institute of Technology Staff Handbook. ROSE-HULMAN INSTITUTE OF TECHNOLOGY CONFLICT OF INTEREST DISCLOSURE Confidential 1. I am/my spouse is a director, trustee, officer, or policy-influencing partner or manager of a corporation, partnership, proprietorship, firm, association, organization, or other entity that is affiliated with RHIT or otherwise involved in a business relationship with RHIT. YES NO Check one box (Attach additional sheets as needed) If yes, please identify the corporation or other entity, the nature of the affiliation or RHIT business relationship, titles held, or functions of position: 2. I and/or my spouse and/or my dependent children own controlling interest in a corporation, partnership, proprietorship, firm, association, organization, or other entity that is affiliated with RHIT or otherwise involved in a business relationship with RHIT. YES NO Check one box (Attach additional sheets as needed) If yes, please identify the corporation or other entity, the nature of the affiliation or RHIT business relationship, titles held, or functions of position: 3. I and/or my spouse are involved in outside activities not identified above which may give the appearance of a conflict of interest. YES NO Check one box (Attach additional sheets as needed) If yes, please briefly describe the outside activities and identify the corporation or other entity, titles held, or functions of position: Page 108 Rose-Hulman Institute of Technology 4. Staff Handbook. I am an investigator (principal investigator, co-investigator, or other key personnel) on an active, pending, or planned external funded grant/contract or other agreement. YES NO Check one box (Attach additional sheets as needed) If yes, please check one of the following: (a) To the best of my knowledge, I and/or my spouse and/or my dependent children do not have “Significant Financial Interests” required to be disclosed according to the RHIT Conflict of Interest Policy. (b) I and/or my spouse and/or my dependent children do have “Significant Financial Interests” required to be disclosed according to the RHIT Conflict of Interest Policy. If you checked (b) above, please attach a separate written explanation for each such Significant Financial Interest. Describe the nature and the general value of the interest and any other information you think would be helpful to the RHIT designated reviewer to determine whether a conflict of interest exists. Also, please list those specific sponsored research projects that could reasonably appear to affect or be affected by these Significant Financial Interests. Note: You are not required to disclose the following: Salary, royalties, or other compensation from RHIT Income from seminars, lectures, or teaching sponsored by public or nonprofit entities Income from service on advisory committees or review panels for public or nonprofit entities Income from mutual funds Ownership interests in businesses funded under the Small Business Innovation Research Program By signing this disclosure form, I (1) acknowledge I have read and understand the Conflict of Interest Policy of Rose-Hulman Institute of Technology (RHIT) and to the best of my knowledge my activities are consistent with this policy; (2) agree to comply with any conditions or restrictions imposed by the Institute to manage, reduce, or eliminate identified conflicts of interest; and (3) understand and agree to update this disclosure form should my conflicts of interest (and/or those of my spouse/dependent children) change before the next disclosure period. Signature: Printed Name: Title and Department (if applicable): Date: PLEASE RETURN THIS FORM TO THE APPROPRIATE DESIGNATED REVIEWER Page 109