V. DISCIPLINE AND GRIEVANCE

5.1 SEXUAL HARASSMENT

5.1.1 Sexual harassment by an employee of any student, staff, faculty, or visitor to the University is absolutely forbidden and will not be tolerated.

5.1.2 Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education at the University; (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, in his or her employment or education at the University; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or student's educational experience or creates an intimidating, hostile, or offensive work or educational environment.

5.1.3 Sexual harassment includes, but is not limited to, the following:

1. sexually-oriented comments about an employee's/student's body, appearance, or dress;
2. showing or displaying pornographic or sexually explicit objects or pictures in the workplace or classroom for purposes unrelated to academic activity;
3. relating sexually explicit comments through the telling of jokes or stories; or inappropriate physical contact, gestures, or exposure.

5.1.4 Employees who become aware of an alleged incident or complaint of sexual harassment or has a complaint of sexual harassment shall immediately report the conduct to their department chair who shall immediately advise the Academic Dean. If the employee's department chair is the alleged offender, the employee shall immediately report the conduct to the Academic Dean.

5.1.5 Investigation into complaints of sexual harassment will be commenced by the Academic Dean within five (5) working days after receipt of the complaint. The Academic Dean shall interview the complainant, the alleged harasser, and any other witnesses who may have information pertinent to the complaint. The Academic Dean shall prepare a written statement of each interview, which will be reviewed and signed by the individual interviewed. The Academic Dean or his/her designee shall complete the investigation whenever possible within twenty (20) working days after receipt of the complaint and prepare a written report outlining the investigative findings and including the interview statements. The report will be submitted to the President. Confidentiality will be maintained to the extent permitted by the situation and law.

5.1.6 Within five (5) working days after receipt of the Academic Dean's written report, the President shall implement appropriate action to remedy any sexual harassment substantiated by the investigation including disciplinary action up to and including dismissal.

5.1.7 Bad faith allegations may result in disciplinary action against the accuser.

5.2 DISCIPLINARY ACTIONS (See section 2.4.5)

5.2.1 The Academic Dean in consultation with the chair of the appropriate department may give faculty member(s) verbal and written admonitions, warnings, or reprimands for conduct or behavior that is inappropriate or in violation of University policy or rules. Written admonitions, warnings or reprimands will state:

1. what conduct or behavior is unsuitable
2. what appropriate conduct or behavior is expected in the future
3. the time period in which the conduct or behavior must be corrected

5.2.2 If the faculty member fails to correct the conduct or behavior described in a written admonition, warning or reprimand within the stated time period, dismissal or discipline procedures may be initiated by the Academic Dean.

5.2.3 Written admonitions, warnings, or reprimands may be grieved using the University's grievance procedures.

5.3 GRIEVANCE PROCEDURE

5.3.1 The policy of the University is to create a working environment which encourages open communication between the University and its faculty to resolve all grievances, through informal discussions when grievances first arise. Should informal discussions fail to resolve the issue, faculty members may utilize the following grievance procedure which is the sole and exclusive method for resolving all faculty grievances except for allegations of sexual harassment or dismissal for cause.

5.3.2 A "(faculty/employee) grievance" is an allegation that the faculty member has been adversely affected due to a violation, misapplication, or misinterpretation of a University policy or procedure, including employment or contractual rights and entitlements or assurances of academic freedom excluding general allegations which the faculty member can not relate to a specific event or situation and allegations of sexual harassment, or dismissal for cause.

5.3.3 A Grievance must be informally discussed between the faculty member and the department chair within twenty (20) working days after the faculty member knew or should have known about the grievance. Time limits may be extended upon mutual agreement between the faculty member and the University official responsible for the response at any given step. Any extension shall be documented in writing and placed in the faculty member's personnel file. Failure by the faculty member to either request extension or comply with the timelines shall be deemed by the University to be an abandonment of the grievance.

5.3.4 Grievance Procedure Steps

Step One:
If informal discussion between the faculty member and the faculty member's department chair fails to resolve the grievance to the faculty member's satisfaction, the faculty member shall submit the grievance in writing to the department chair within five (5) working days of the informal discussion. The faculty member shall provide a written signed and dated statement, which must include: (1) a concise statement of the grievance; (2) a complete statement of the facts giving rise to the grievance; (3) the faculty member's suggested remedy or solution to the grievance; (4) the date that the faculty member became aware of the grievance; and (5) copies of relevant documents, including any applicable disciplinary notices. The department chair shall provide the faculty member with a written response within five (5) working days after receipt of the written grievance and file the original grievance and a copy of the response in the faculty member's personnel file.

Step Two:
If the faculty member is dissatisfied with the written response by the faculty member's department chair, the faculty member shall within five (5) working days of receipt of the written response or notice, submit in writing a request for review of the grievance by the Academic Dean. The request for grievance shall include: (1) a copy of the written grievance packet submitted to the department chair and his/her written response and (2) the faculty member's written, signed, and dated explanation of the specific points of disagreement with the department chair's response. Within ten (10) working days the Academic Dean shall interview the faculty member, the department chair, and other employees who have pertinent knowledge of the disputed facts. Within ten (10) working days of the interviews, the Academic Dean shall prepare a written response including written summaries of any interviews which shall be provided to the faculty member. Step two grievance materials and a copy of the response shall be placed in the faculty member's personnel file.

Step Three:

1. For a nondisciplinary grievance or a grievance which deals with a written warning or reprimand, a faculty member may appeal the Academic Dean's written response. Such appeal must be filed with the Office of the President within five (5) working days of receipt of the Academic Dean's written response. The faculty member shall submit: (1) a copy of the written grievance submitted to the faculty member's immediate supervisor and his/her response; (2) a copy of the written grievance submitted to the Academic Dean and his/her response; and (3) a written, signed, and dated explanation of the specific points of disagreement with the prior responses. The President shall review the documents submitted and make a final decision regarding the disposition of the grievance. The President shall prepare a written report outlining the President's final decision. Copies of the written report will be given to the faculty member and filed in the faculty member's personnel file.
2. If the grievance relates to contract non-renewal, promotion denial, suspension, or probation, a faculty member must file his/her grievance with the Office of the President within ten (10) working days after the faculty member receives notice. For grievance procedure involving dismissal for cause see section 2.4.5. The faculty member shall submit: (1) a copy of the notice; (2) a written, signed, and dated explanation of the specific points of disagreement with the disciplinary action taken; and (3) copies of any relevant documents. Within five (5) working days of receipt of the appeal, a grievance hearing panel will be formed. The panel will consist of one faculty member selected by the grievant and one faculty member selected by the President. The two designated panel members shall select a third member to serve as the chairperson. The panel shall schedule a hearing date no later than ten (10) working days after the chairperson is selected and designated. The panel shall conduct a closed hearing at which the grievant and their representative and appropriate University representatives shall be present. The University shall not have legal counsel present during the proceedings unless the faculty member has legal counsel present. Witnesses may be called by either the grievant or the University. All witnesses shall testify under oath and be subject to cross-examination. Within ten (10) working days of the close of the hearing, the panel shall issue written findings of fact and recommendations to the President. Within ten (10) working days of receipt of the panel's written findings and recommendations, the President shall make a final decision regarding the disposition of the grievance and prepare a written report. Copies of the report will be given to the faculty member and filed in the faculty member's personnel file.

5.3.5 The faculty member shall have full and prompt access to copies of all materials and information related to the grievance. The files remain the property of the University.

5.3.6 Grievances shall be confidential, unless the grieving faculty member or University officials are required to disclose information relating to the grievance in order to comply with the procedures set forth herein or in the event the grievance is raised in another administrative or judicial forum.

5.3.7 Faculty members who exercise their rights under the grievance procedures or in an administrative or judicial forum shall not be discriminated against or suffer any reprisals for exercising those rights.

5.4 DRUG FREE WORKPLACE

5.4.1 It is the University's policy to promote and maintain a drug free workplace. Illicit use of controlled substances and abuse of alcohol by employees affects the rights of others and the mission of the University. The possession, consumption, or furnishing of alcoholic beverages to anyone on University owned or controlled property, or at University sponsored functions is prohibited, unless authorized in writing by the President. The possession, use, sale, or distribution of any controlled substance as defined by federal or state law without a valid prescription is prohibited.

5.5 SMOKING

5.5.1 In order to provide a healthy and productive University environment for students, staff, faculty, and visitors, smoking shall be prohibited inside all University facilities.