���ϱ���

���ϱ��� recognizes its legal and moral obligation to provide an employment environment in which opportunities are available to all qualified individuals without discrimination on the basis of race, color, sex, age, political or religious opinions or affiliations, national origin, disability, protected veteran status, genetic information, sexual orientation, gender identity, or gender expression, except in those cases in which sex, age, national origin, or disability are bona fide occupational qualifications. The University affirms its commitment to this principle. The University also commits itself to maintaining on a nondiscriminatory basis the conditions for continuing employment and for individual advancement. ���ϱ��� is committed to the following principles and procedures:

• Recruiting, employing, training, retaining, and promoting individuals in all employment classifications, without regard to race, color, sex, age, political or religious opinions or affiliations, national origin, disability, protected veteran status, genetic information, sexual orientation, gender identity, or gender expression, except in those cases in which sex, age, national origin, or disability are bona fide occupational qualifications.
• Rendering employment decisions to advance the principle of equal employment opportunity.
  Insuring that promotion decisions are based upon the principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.
• Insuring that all personnel actions, such as compensation, benefits, transfers, and leave policies, are administered without regard to race, color, sex, age, political or religious opinions or affiliations, national origin, disability, protected veteran status, genetic information, sexual orientation, gender identity, or gender expression, except in those cases in which sex, age, national origin, or disability are bona fide occupational qualifications.
• Providing a work environment in which harassment of employees by other employees or non-employees is not tolerated; viz., any form of harassment related to an employee's race, color, sex, age, political or religious opinions or affiliations, national origin, disability, protected veteran status, genetic information, sexual orientation, gender identity, or gender expression, except in those cases in which sex, age, national origin, or disability are bona fide occupational qualifications.

���ϱ��� is a government contractor subject to Section 503 of the Rehabilitation Act of 1973 and Section 402 of the Vietnam Era Veterans Readjustment Act of 1974 which require government contractors to take affirmative action to employ and to advance in employment qualified individuals with disabilities, qualified disabled veterans, and qualified veterans of the Vietnam era. The Senior Vice Chancellor for Academic Affairs is the equal employment opportunity/affirmative action officer for academic personnel; the senior leader of Human Resources is the equal employment opportunity/affirmative action officer for non-academic personnel and is also responsible for supervising the University's equal employment opportunity program and for monitoring its effectiveness.

602.1

Types of Employment

Regular

Full-time

Employment that is expected to continue indefinitely on a full-time basis (approximately 40 hours per week). Employees in this category are entitled to all fringe benefits provided by the University after completing the required waiting periods.

Part-time

Part-Time Employment can be temporary or expected to continue indefinitely. Part-time employees work less than 20 hours per week; this time limitation applies to both classified/hourly and professional/monthly paid employees. For guidelines related to part-time faculty/adjuncts, see Faculty Handbook.

State and Federal guidelines require various benefits be given or offered for part-time employees that exceed time as stated in this policy; therefore, assigning a part-time employee 20 or more hours of work per week requires approval through the appropriate Senior Vice Chancellor with notification to Human Resources.

Temporary Employment Arrangements
Policy Statement

Temporary employment is considered to be a short duration of less than twelve consecutive months, with extensions requiring approval from Human Resources and the Chancellor. 

Temporary employees may be used for the following reasons:

• Temporary absences of regular employees
• During recruitment of vacant positions
• When help is necessary during peak or seasonal time periods
• For special projects that have a defined time limit
• Temporary Employees of ���ϱ���

Temporary employees may be employed and compensated through the ���ϱ��� payroll system; however, they are ineligible for any fringe benefits. No part of temporary employment will be counted as an appraisal period or a waiting period for purposes of fringe benefits in the case of subsequent appointment into a regular position. Temporary employment does not give the employee any privilege or right to promotion, transfer, or reinstatement to a temporary or regular position after any type of leave. 

Note: In accordance with TRS guidelines, temporary employees working 20 hours or more per week on an extended time arrangement over one-year must participate in the Teachers’ Retirement System which entails employee and employer contributions. Further, there are guidelines related to the Federal Affordable Care Act that regulates the definition of temporary employee and can require a period of non-employment of 4 to 24 weeks between temporary assignments.

Temporary Employees through Temp Agencies
In general, the use of temporary agencies to fill temporary positions at TROY is discouraged. However, if efforts to fill a temporary position through the TROY recruitment process are unsuccessful, a department may request permission through Human Resources to engage in the services of a temporary employment agency. 

The request must be submitted prior to the employment of the temporary agency and must include:

• A detailed description of the duties to be performed
• Clear documentation of previous efforts to fill the position through TROY recruitment processes
• Justification of the appropriateness of utilizing a temporary agency
• Documentation that no other alternative is available to accomplish the work
• A copy of the proposed temporary agency agreement.
• Financial viability of utilizing temporary agencies will also be analyzed to determine if the return on investment is adequate. All expenses incurred related to temporary agency fees and salaries paid are the responsibility of the department utilizing the temporary agency worker. Coordination with the temporary agency related to responsibilities, compensation, performance assessment, and duration of assignment is the responsibility of the ���ϱ��� supervisor. 

NOTE: Temporary agency workers are not employees of ���ϱ��� and do not receive any ���ϱ��� benefits; however, they are subject to ���ϱ��� policies and procedures to include background checks prior to reporting to work.

602.2

Appraisal Period

New Employees

The first six months of employment under any type of staff employment is an initial appraisal period for all employees. During this time, both the employee and employer have an opportunity to evaluate one another. During the initial appraisal period, each employee will be evaluated for:

• Ability
• Attitude
• Compatibility with position
• Conduct
• Other areas

If at any time during the six-month initial appraisal period the employee or the supervisor decides to terminate the employment, the employee may be released without cause or advance notice. There will be no appeal of termination or grievance procedure during this initial appraisal period. During the initial appraisal period, full-time employees are entitled to such benefits as holidays, sick leave, and accrual of annual leave. However, applications for taking annual leave are discouraged until regular employee status has been attained. Full-time employees may not compete for other positions on campus while in the initial appraisal period.

Transfers and Promotions

When a full-time employee receives a promotion or is transferred to a position of higher classification, the appraisal period will be three months. The new supervisor will evaluate the performance of the employee during this three-month period in the same manner that a new employee is evaluated. A classified employee will receive a step increase at the end of the three-month appraisal period and on the next anniversary date. A part-time employee who is hired in a full-time capacity shall fall under the six months initial appraisal period under Section 1.2, A.

603.1

Faculty

Faculty should utilize the Staff Handbook in conjunction with the Faculty Handbook to learn policies and procedures, which apply to all university personnel. Employment guidelines for the faculty are outlined in the Faculty Handbook. The current Faculty Handbook may be accessed on the University website under Human Resources.

603.2

Staff

603.2.1 Professional Employees

Professional employees are compensated commensurate with their professional preparation, experience, and responsibilities; they are paid monthly.

603.2.2 Classified Employees

Classified employees are compensated in accordance with the ���ϱ��� Salary Classification Plan; they are paid bi-weekly, at an established hourly rate.

603.2.3 Exempt and Non-Exempt Employees

The Federal Fair Labor Standards Act, commonly referred to as the "Wage and Hour Law" mandates several timekeeping and overtime requirements. Those who are not subject to the timekeeping and overtime requirements are "exempt" employees and include the faculty and most professional employees. Those who are subject to these provisions of the law are "non-exempt" employees and include all classified employees. Non-exempt employees are required to keep a record of all hours worked. Non-exempt employees receive overtime compensation for all hours worked in excess of forty hours per week.

603.2.4 Salary Classification Plan

All full-time, hourly paid employees are covered by the ���ϱ��� Salary Classification Plan. The ���ϱ��� Salary Classification Plan contains the following:

603.2.5 Job Descriptions

The campus Office of Human Resources maintains a written job description for each classified position. Each description contains a brief listing of essential duties, responsibilities, and qualifications for each position. The job description may not necessarily cover every task an employee is asked to perform, but will be reasonably comprehensive.

603.2.6 Salary Schedule (Full-Time Classified Employees)

The University has a salary schedule for classified employees. Each classified position is included in a specific range in this salary schedule. Each salary range has steps with pay increases between each step. New employees will be placed in Step 1 of the appropriate salary range upon employment unless waived by approval of the Chancellor. Advancement from one step to the next for classified employees will be by merit, based upon an annual evaluation. Classified employees are eligible for consideration for a step raise in accordance with the salary schedule. A step raise for a classified employee must be recommended by the immediate supervisor in the annual evaluation report. A new full-time classified employee who completes the initial six-­month appraisal period is eligible for an increase from Step 1 to Step 2, provided the employee is recommended for this increase by the immediate supervisor's six-month initial appraisal evaluation, and the employee earns regular status. A new full-time employee who is initially hired above step 1, shall not be eligible for a step increase for a period of one year. Subsequently, normal anniversary dates apply.

603.2.7 Personnel Not Covered by Salary Classification Plan

Employees who are not covered by the Salary Classification Plan are not eligible for step increases; any salary adjustment or merit increase for these employees should be recommended by the immediate supervisor, Vice Chancellor, or by the Chancellor, in accordance with established procedures.

 

604.1

Salary

It is the University desire to maintain reasonable standards of compensation for employees. University funding is supplemented by State of Alabama appropriations. Therefore, compensation levels and personnel policies must relate directly to the financial resources of the University. The University does not give automatic salary increases.

Classified employees - All classified employees are covered by a salary schedule. This schedule is available in the Office of Human Resources. Each employee is evaluated on an annual basis. If the supervisor concludes that an employee warrants a merit increase, a recommendation for a step raise will be made to the appropriate authority. Step increases are not automatic. They are subject to the financial resources of the University.

Professional employees - Employees in this group are not covered by the position classification plan. Each employee is evaluated on an annual basis.

604.2

Pay Procedures

604.2.1 Pay Period

The official workweek for employees begins at 12:01 a.m. on Sunday and ends at 12:00 midnight on Saturday. Payroll checks for classified staff will be issued bi-weekly and are normally available on the appropriate Friday. Paychecks will reflect hours recorded on the employee's time card. Payroll checks for professional staff and faculty will normally be released to employees on the last working day of the month.

604.2.2 Payroll Policies

An employee's payroll check will not be released to another person without signed permission. If a payroll check is lost or stolen, prompt notification must be furnished in writing to the Office of Human Resources. Paychecks may not be issued in advance of regularly scheduled pay dates.

604.2.3 Error

If an error is thought to have been made in computing wages, the employee should inform the Office of Human Resources.

604.2.4 Direct Deposit

All employees must participate in the University's Direct Deposit Program. Employees will receive their regular pay through their choice. A completed Direct Deposit Authorization form must be completed and submitted to the Office of Human Resources no later than one week prior to an employee’s pay date to ensure timely payment. Forms are available in the Office of Human Resources or at the following web address .

604.3 Anniversary Date

All full-time classified employees (after completion of a six-month initial appraisal period) are assigned an anniversary date of August 1. This anniversary date is used to determine eligibility for a one-step pay increase in the particular salary range assigned to the employee upon satisfactory evaluation by the supervisor and upon the availability of funds. A one-step increase is not automatic with each anniversary date. In cases of reclassification, an employee will be placed in the first step of a higher salary range.

604.4 Payroll Forms and Deductions

A list of eligible payroll deductions along with information concerning these deductions may be found on the University website or for a printed list of payroll deductions, check with the Office of Human Resources.

Employees must have signed W-4 and A-4(or appropriate state form) on file in the University Payroll Office for verifying the number of federal and state income tax deductions. It is each employee's responsibility to review the W-4 and A-4 forms to insure that the correct number of exemptions will be claimed. Changes made in the withholding status of employees must be completed no later than the 15th day of each month. The W-4 and A-4 forms must use the exact name as it appears on the employee's Social Security card.

604.11 Eligibility for Across-the-Board Raises

Once a candidate for employment is hired, the candidate is eligible for any across-the-board salary increase provided the candidate was hired and began work in a regular, non-temporary faculty or staff position prior to June 1st of the year in which the candidate was hired. All candidates hired on or after June 1st are not eligible for any across-the-board salary increase provided other ���ϱ��� regular, non-temporary faculty and staff members unless otherwise negotiated during the hiring process. This policy, effective January 1, 2007, supersedes all previous policies related to eligibility for across-the-board increases for all ���ϱ��� locations. The provisions included in this policy, as well as the policy itself, may be modified or deleted at any time at the sole discretion of ���ϱ���.

Approved: Cabinet, Nov 29, 2006 
OPR: Senior Vice Chancellor for Financial Affairs and Online Education
Review: Every Five Years

604.12 Across-the-Board Raises for Part-Time Personnel

Part-time personnel employed by ���ϱ��� shall be divided into two categories: regular part-time and temporary part-time.Regular part-time shall be defined as those part-time employees who routinely work on a continuous basis or otherwise offer vital services and/or skills on which the University is dependent. Temporary part-time shall be defined as part-time employees who are intermittently employed for specific functions or events. Effective January 1, 2007, the Senior Director of Human Resources shall initiate a review of current part-time personnel and through coordination with various unit managers shall place all part-time personnel in one of the two categories. Future part-time hires shall be classified on the Personnel Action Form as either Regular or Temporary.Regular part-time personnel shall be eligible for across-the-board raises that are granted to full-time employees. Pay increases for temporary part-time employees shall be determined on a case-by-case basis.

Approved: Cabinet, Nov 29, 2006 
OPR: Senior Vice Chancellor for Financial Affairs and Online Education
Review: Every Five Years

605.1

General

The University serves a diverse student body and public, thus giving rise to variations in the work schedules. Working hours must be scheduled to satisfy the needs of the area in which one works, and to make certain that an adequate staff will be available when needed. Work schedules depend upon the job to be performed. An employee will be informed by the supervisor about the normal schedule and about any subsequent changes which may be required.

The University reserves the right to implement alternative schedules as necessary for cost reduction and other concerns. In some instances, however, additional work will be required; and during peak periods, professional personnel and perhaps other employees may work more than the normal work hours per week. The normal work schedule is a forty- hour week. Lunch breaks are decided at the discretion of each campus. Where possible, lunch breaks will be staggered so that offices remain open. If it becomes necessary to reduce an employee's normal number of hours of work per week, or responsibility, the University reserves the right to adjust an employee's pay accordingly. 

605.2

Timekeeping Requirements

A full-time, non-exempt employee's time submission should reflect that the employee is at work; on sick leave, annual leave, administrative leave, holiday, or other appropriate status to total 80 hours per pay period. (See Section 6.10 for a complete explanation of Leave of Absence without Pay.) There are spaces allowed on the Web time card to note the hours the employee worked, leave taken, and hours of overtime worked, if any. The Web submitted cards will be signed by the employee and the supervisor, attesting to the fact that the information reported is correct.

605.3

Time Recording

All non-exempt employees are subject to the following time-recording requirements:

• Classified employees must record time daily on a time card.
• Full-time classified employees receive work credit for days absent for approved sick and annual leave, jury duty, funeral leave, or for approved administrative leave and holidays.
• Falsification of records by the employee is cause for immediate dismissal. An employee may not record time worked for another employee. Such action could lead to the discipline of both employees. If recorded time must be corrected for any reason, the supervisor must be contacted and advised of the problem before any correction is made.

605.4

Compensation for Overtime Pay

All employees of the University, other than those specifically exempted, are employed subject to the provisions of the Fair Labor Standards Act (FLSA). This act is primarily concerned with the payment of minimum wages and premium pay for overtime. Employees will be advised of their FLSA status during employment orientation. Because of the range of activities conducted or sponsored by the University, variations in work schedules may be necessary. Such variations may require overtime (in excess of forty hours per week) to be worked or an adjustment in the normal working schedule to maintain the regular forty hours per week. In the event that approved overtime is worked, only hours actually worked per work week count in the overtime calculation. Therefore, holidays not worked, annual leave, sick leave, and other paid leave are not counted. All employees are expected to work a reasonable amount of overtime upon request. If it is necessary for an employee to work outside of the normal schedule, these changes must be approved by the immediate supervisor and be announced to give the employee as much advance notice as possible. In the event that overtime is required, the employee will be paid overtime pay at the rate of one-and-one-half times the normal rate of pay. Overtime work must be approved in advance by the supervisor prior to the overtime work being performed. Overtime provisions do not apply to exempt employees.

605.5

Absences from Work

If an employee expects to be absent from work for ANY REASON, the supervisor must be notified in advance. An employee absent from work without permission is considered to be on unauthorized leave without pay -- a condition which is cause for dismissal. Three consecutive working days of absence without notice constitutes a resignation and forfeiture of all accumulated University benefits.

606.1

General

The University strives to provide a balanced employee fringe benefit program to support the many needs of its diverse workforce. Fringe benefits cannot be guaranteed and are subject to change at any time. Details about ���ϱ��� employee fringe benefits are available on the University website and in the Human Resources Office.

606.2

Holidays

���ϱ��� has nine official holidays each calendar year: 

• New Year’s Day
• Martin Luther King, Jr./Robert E. Lee Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran’s Day
• Thanksgiving Day/Day after Thanksgiving
• Christmas Day

Bi-weekly paid employees must record Holidays on their bi-weekly time submission.

606.3

Annual leave

Only regular full-time staff employees earn annual leave. Full-time professional/salaried (non-faculty) personnel earn eight (8) hours of annual leave at the completion of each month of employment. Annual leave must be prearranged with the immediate supervisor and scheduled at the convenience of the University. Professional employees must complete a Leave Request/Report form at prior to taking annual leave. Bi-weekly paid employees earn annual leave at the rate of 80 hours per year. This computes to 3.12 hours per bi-weekly pay period. Bi-weekly paid employees must annotate annual leave taken on their biweekly time submission. Annual Leave will not be advanced. In September of each year, records are adjusted to reflect no more than 160 hours of available annual leave. A continuous record of annual leave is maintained. Full-time employees must request a leave of absence when 1 (additional sick/medical leave is needed past three months (including FMLA), 2) more than four weeks of continuous annual leave is needed for education, personal, or child care/extended maternity leave, or 3) anytime leave is requested and the employee has no accrued sick or annual leave. See the Leave of Absence policy for details. Upon termination of employment, employees will be paid for accrued leave, not to exceed 160 hours (20 days). However, as specified in Section 608.2.4, when an employee is terminated for cause, the employee shall be removed from the payroll and lose any and all accrued University benefits.

606.4

Sick leave

Only regular full-time employees (both faculty and staff/non-temporary) accrue sick leave. Professional/Salaried personnel accrue 8 hours of sick leave at the completion of each month of employment. Sick leave for bi- weekly paid personnel is accrued at the rate of 3.68 hours each biweekly pay period. Sick leave accrual is unlimited. Sick leave is a privilege and must not be abused. It is granted for the following reasons:Illness or injury of the employee or visits to a doctor or dentist.
Care for an ill member of the immediate family (spouse, child, mother, father, brother, sister, grandparent, grandchild, corresponding in-laws, "step" relations).
Death in the immediate family (as defined above).
A doctor's certificate or other proof of illness may be required to verify appropriate use of sick leave. Immediate supervisors should be notified as early as possible prior to sick leave absences. During an extended illness, an employee's accumulated sick leave is used until it is exhausted; then any accumulated annual leave is used to keep the employee in an active pay status. Sick leave will not be advanced. Full-time employees must request a leave of absence when 1) additional sick/medical leave is needed past three months (including FMLA) or 2) anytime sick leave is requested and the employee has no accrued sick or annual leave. See the Leave of Absence policy for details.

Sick leave for faculty and professional employees must be reported to the Office of Human Resources by completing the Leave Request/Report form at  on the first day the employee returns from sick leave. Bi-weekly paid employees must record sick leave on their bi-weekly time submission. An employee is not paid for unused sick leave upon termination or retirement. 

Sick Leave Donations

An employee who has experienced an extended absence due to personal or immediate family illness may request sick leave donations. To request donated sick leave hours, an employee notifies the immediate supervisor in writing stating the reason for the request and the estimated number of sick leave hours needed. The written request is forwarded through the supervisor to the Office of Human Resources. The employee must exhaust all leave balances prior to receiving donated sick leave hours. Donated sick leave is limited to 12 weeks per rolling year. Sick Leave donations must be requested and applied in 4 hour increments. Employees within their probationary period will not be eligible to request or donate Sick Leave. Employees who wish to donate must maintain a minimum of 40 hours of Sick Leave for their own use. Once sick leave is donated, it cannot be reinstated to the donator. The Sick Leave Donation form is available at  Sick leave may be used for retirement credit according to the policy of the Teachers' Retirement System. Further, the University will accept for retirement purposes only, transferred sick leave earned at other Alabama state agencies which participate in the Retirement Systems of Alabama.

606.5

Maternity

Leave is provided for conditions associated with pregnancy/childbirth and related medical conditions. See the FMLA policy for details. Pregnant employees may continue working as long as they desire, provided they have the consent of their obstetrician. (Such written consent may be required by the University). Request for leave should be made as far as practicable in advance of the expected starting date of leave.

606.6

Administrative Leave

Administrative days are pre-authorized and announced by ���ϱ���'s Executive Administration on an annual basis. These days may be given with pay and do not affect annual or sick leave. Overtime pay can only be claimed when working on administrative leave days when total hours worked exceeds 40 hours during the work week. Employees required to work during administrative leave days do not receive additional compensation but are paid as regular hours worked. Administrative days are not to be modified by management or offered on alternate days. Bi-weekly paid employees must record Administrative Days on their bi-weekly time submission.

606.7

Jury Duty & Subpoenas

The University permits full time employees leave-with-pay for attendance in court for jury duty. Written evidence of jury duty may be requested by the University. The University will comply with all applicable Federal and State laws governing jury duty. 

Full-time employees who have received a subpoena to be a witness in court and are not party to the legal action will be permitted leave-with-pay; however, if the employee is party to the legal action they will be allowed to utilize accrued vacation leave and if needed, leave without pay.

606.8

Voting

All employees are encouraged to vote in each election. If necessary, time (not to exceed one hour) will be scheduled by supervisors to enable full-time employees to vote.

606.9

Military Leave

���ϱ��� does comply with the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and applicable Alabama laws pertaining to military leave. As the laws change, military leave benefits for the University employees will change accordingly. Therefore, as military leave situations arise, employees should consult with their supervisor and/or Human Resources for current and complete details regarding their military leave rights.

Nothing in this policy constitutes a contract of employment, and this policy shall not be deemed to provide contractual benefits or obligations. ���ϱ��� reserves the right to modify the provisions of this policy without notice, within the limits provided for under applicable law. 

In accordance with federal and state law, it is ���ϱ���'s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or this policy. If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact the Human Resources Department.

Eligibility for Leave

Eligibility for military leave applies to all employees that are absent from work due to "service in Uniformed Services". "Service" includes performance of any of the following on a voluntary or involuntary basis: active duty, active duty for training, inactive duty for training, full-time National Guard duty, funeral honors duty, and/or absence from work for an examination to determine an individual's fitness for any of the above types of duty. "Uniformed Services" include the Army, Navy, Air Force, Marine Corps, National Guard, Coast Guard, National Disaster Medical System, Public Health Service commissioned corps, the reserve components of these services, and any other category of persons designated by the President in time of war or emergency.

Duration of Leave 

Employees performing a service in the Uniformed Services are entitled to military leave of absence without pay for a period not to exceed a cumulative total of five years over the course of his or employment with the University, subject to certain exceptions under federal law.

Notice of Leave

Unless military necessity prevents it, or it is otherwise impossible or unreasonable, an employee should provide notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or this policy. If available, a copy of the appropriate military orders or other supporting documentation for situations that do not warrant military orders should be submitted to the Human Resources Department. When written orders are not provided in advance of leave, Human Resources may request the orders upon return from leave. 

Compensation for Leave

A maximum of 21 working days of pay per calendar year is provided to all employees who are ordered to military duty. The 21 working days per year includes weekend drills, as well as summer training, and any other type of military duty. Employees will be paid only for the time for which they would ordinarily be scheduled to work. In no case will employees be paid for a period in excess of the time for which they are ordered to military duty. A copy of the orders or other satisfactory documentation of attendance must be provided to Human Resources as soon as possible in order to receive compensation.

After the first 21 days of military leave per calendar year, any additional military leave, except that which is provided for in 31-12-5 of the Code of Alabama of 1975, will be without pay or may be charged to accrued annual leave at the discretion of the employee. Employees electing to use accrued annual leave during a military leave of absence must complete and submit the Leave Request/Report form available on the ���ϱ��� website. Otherwise, the employee will take leave without pay for the remainder of the leave period.

Employees called into active service during the war on terrorism, which commenced on September 11, 2001, are eligible for the difference in pay between lower active duty pay and a higher public salary, for the duration of the active military service, pursuant to § 31-12-5, Ala. Code 1975.

Continuation of Benefits

An employee on military leave will retain their health insurance coverage for the first 31 days of Uniformed Service. Employees on military leave which extends beyond the 31 days will be eligible for continuation of health insurance benefits for up to 24 months. If the employee chooses to continue health insurance benefits, he or she must pay the applicable premium. Coverage will cease if the employee fails to make premium payments as scheduled, becomes covered by another group plan, or becomes eligible for Medicare. Even if the employee does not elect to continue coverage during military service, the employee has the right to be reinstated in the University's health insurance plans upon reemployment, generally without exclusions except for service-related illnesses or injuries.

Employees called into active service during the war on terrorism, which commenced on September 11, 2001, and are receiving a salary differential during such active duty, may elect to continue their health insurance coverage under the University's plan for the duration of the time he or she receives the salary differential, pursuant to § 31-12-7, Ala. Code 1975.

Time spent on military leave (whether paid or unpaid) is not considered a break in employment for retirement benefit purposes. Upon return to the University from military leave, if applicable, the employee can request to purchase retirement credit in the Teachers' Retirement System and pay whatever amount the employee would have contributed had he or she not been absent. The returning service member who is eligible for reinstatement under USERRA has up to 3 times the length of military leave (up to a maximum of 5 years) to make the retirement contribution payments he or she would have made to establish retirement credit. USERRA does not permit double credit in two retirement systems for the same military leave. Therefore, the employee is not entitled to purchase credit in TRS if he or she receives credit in any other public retirement system, except the federal social security system. Information can be obtained by contacting Teachers Retirement System. 

Participation in Group Life Insurance, Voluntary Life Insurance, and Long-term Disability will terminate the day the employee initiates active military leave. These types of coverage will be reinstated, with no waiting period, when the employee returns to active employment with the University. Employees do not accrue annual or sick leave while on unpaid military leave. Time spent on eligible military leave counts as time served on the job for any calculation, determination or other decision that is dependent upon length of employment service. Employees reemployed following military leave will receive credit for years of service and other benefits determined by years of service that the employee had at the beginning of the military leave, plus any additional benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed.

Reemployment Rights

Except as provided below or as provided in applicable law, employees returning from military leave are entitled to reemployment rights and other benefits, if the employee is discharged under honorable conditions and the employee reports for or submits a letter of petition for reemployment according to the specified time limits. Unless applicable law provides otherwise, employees whose period of Uniformed Service is less than 31 days must report to work on the first regularly scheduled workday following 8 hours of rest time, upon returning from the place of duty. Employees whose period of Uniformed Service was from 31 days to 180 days must submit a letter of petition for reemployment no later than 14 days after the completion of service. Employees whose period of Uniformed Service was more than 180 days (and less than 5 years) must submit a letter of petition for reemployment no later than 90 days after completion of service. Employees who, at the time of release from military service, are hospitalized for or recuperating from an illness or injury incurred or aggravated during the Uniformed Service must report or submit a letter of petition for reemployment at the end of the period necessary for recovery from the illness or injury, provided the recovery period does not exceed 2 years. Documentation must be provided to establish timeliness of letter of petition, and to ensure that all eligibility requirements for reemployment are met. Failure to provide documentation cannot be used as a basis to deny reemployment if the requested information is not readily available through no fault of the employee.

An employee whose period of Uniformed Service was less than 91 days must be reemployed promptly: 

• in a position that the employee would have attained if employment had not been interrupted by military service
• or, if found not qualified for such a position after reasonable efforts by ���ϱ���, must be reemployed in the position the employee held prior to military service.

For an employee whose period of Uniformed Service was 91 days or more, the employee must be reemployed promptly:

• in a position that the employee would have attained if employment had not been interrupted by military service
• or, if found not qualified for such a position after reasonable effort by ���ϱ���, must be reemployed in the position the employee held prior to military service
• or a position of like seniority, status, and pay for which the employee is qualified.

An employee who has a disability incurred in or aggravated during military service who, after reasonable accommodation efforts by ���ϱ���, is not qualified for employment in the position he or she would have attained or in the position that he or she left:

• the employee will be employed in any other position of similar seniority, status, and pay for which the employee is qualified or could become qualified with reasonable efforts by ���ϱ���
• or, if no such position exists, must be reemployed in the nearest approximation consistent with the circumstances of the employee's situation.
• ���ϱ��� will provide refresher training and any other training needs to update the returning employee's skills if the employee is no longer qualified due to technological advances, unless such training would cause undue hardship to the University.
• If the period of military service was more than 180 days, the employee may not be dismissed, except for cause, within the first year of reemployment. If the period of military service was between 30 and 180 days, the employee may not be dismissed, except for cause, within the first six months of reemployment.

Exceptions to Reemployment

In addition to the employee's failure to submit a letter of petition for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if conditions exist and applicable law provides for disqualification, including, but not limited to, the following: 1) the University's circumstances have so changed as to make reemployment impossible or unreasonable; 2) reemployment would pose an undue hardship upon the University; 3) the employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period; 4) the employee did not receive an honorable discharge from military service; or 5) the employee's cumulative length of absence for service in the Uniformed Services exceeds five years.

606.10

Leave of Absence

Full-time employees may request a leave of absence when 1) additional sick/medical leave is needed past three months (including FMLA), 2) more than four weeks of continuous annual leave is needed for educational, personal, or child care/extended maternity leave, or 3) anytime leave is requested and the employee has no accrued sick or annual leave. The leave must be approved through the appropriate chain of command, starting with the immediate supervisor and ending with the Senior Vice Chancellor. A copy of the approved request will be furnished to the employee and included in the employee's personnel record. Health insurance may be continued during the leave of absence, but the total cost of such benefits must be borne by the employee and must be elected through COBRA. However, should part of the leave of absence be covered by the Family and Medical Leave Act, employees may make arrangements to pay only their portion of the health insurance premiums during their FMLA related leave. Sick leave and annual leave do not accrue during an employee's leave of absence; however, accrued leave can be utilized during a leave of absence if available and appropriate (sick leave can only be used for illness related leave of absences). Life insurance may also be continued for up to 60 days given the employee remits the premium to Human Resources on a monthly basis for payment. Employees granted a leave of absence will retain their employment and will be reinstated to their job or a comparable job upon return to work. Overstaying a leave of absence without prior notification and approval, or seeking and accepting other employment without previous authorization, constitutes an automatic resignation and subsequent loss of benefits. The supervisor must work with Human Resources to remove the employee from payroll after all leave has been exhausted and to place them back on payroll upon their return.

A leave of absence may be granted for the following reasons:

• Education Leave (up to 12 months continuous leave) - Must be job-related in that it leads to an advanced degree or increased job competencies.
• Sick/Medical Leave (up to 12 months continuous leave) - Can be granted for an extended illness due to employee's own serious health condition (12 months is inclusive of FMLA related leave).
• Personal Leave (up to 6 months continuous leave) - Must be for a justifiable reason and must not unduly interfere with normal University business.
• Child Care/Extended Maternity Leave (up to 6 months continuous leave) - Will be granted on the same basis as personal leave.
• Special Leave (up to 6 months continuous leave) - Will be granted in special cases when it is in the best interest of the University and the employee. 

Note: An employee who does not/cannot return to work after the maximum leave of absence timeframe, inclusive of FMLA, will be separated from the University.

606.11

Family and Medical Leave Act

The University provides eligible employees with leave from work consistent with the provisions of the Family and Medical Leave Act of 1993 (FMLA).Eligibility 

An administrator or staff member who (1) has been employed by the University for at least twelve months and (2) has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave is eligible to apply for FMLA. 

An employee does not need 12 consecutive months of employment at the University to meet the 12-month service requirement, except that the University need not count employment periods prior to a break in service of 7 years or more. Only actual hours worked are included to determine eligibility. Annual, sick, administrative and holiday hours paid do not count towards the 1,250 hour requirement. However, military service covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) will count towards fulfilling both eligibility requirements.

Qualifying Reasons:

Eligible employees may take up to 12 weeks of Family and Medical Leave within a rolling 12 month period for the following reasons:

• The employee's own serious health condition, including pregnancy and birth-related conditions, that render the employee unable to perform the essential functions of his or her job,
• The birth of the employee's child and to care for that child,
• The placement of a child with the employee for adoption or foster care and to care for that child,
• To care for the employee's spouse, child or parent who has a serious health condition,
• A qualifying exigency that occurs while the employee's spouse, child, or parent is on active duty or called to active duty status in the National Guard or Reserves.
• Time taken to care for a covered service member injured in the line of duty may qualify for FMLA under the Military Caregiver Leave section of this policy.
• An employee who is required to be absent for more than three (3) consecutive days because on his or her serious health condition should notify his or her supervisor, who in turn will notify the Office of Human Resources to provide the appropriate paperwork to the employee for his or her use if he or she so desires.

Definitions

Spouse - A husband or wife as defined or recognized by the State of Alabama. 

Parent - A biological parent, adoptive parent, step-parent, or an individual who stood in loco parentis (in place of a parent) to an employee. This does not include "in-laws." 

Child – A biological, adopted , or foster child, a stepchild, a legal ward or a child of an individual standing in loco parentis (in place of a parent) who is under the age of 18 or over age 18, but incapable of self-care because of a mental or physical disability. 

For purposes of Military Caregiver Leave and leave qualifying under the qualifying exigency military provision, there is not an age requirement.

Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves (1) an overnight stay in a hospital or medical care facility and any period of incapacity or subsequent treatment related to the same condition, or (2) continuing treatment by a health care provider. Continuing treatment may be established under any of the following circumstances:

Short-term incapacity for more than three full consecutive calendar days that also involves one of the following:

• Treatment by a health care provider on at least one occasion with a continuing regimen of treatment under the health care provider's supervision. The visit to the health care provider must be in-person within 7 days of the first day of incapacity.
• Treatment two or more times by a health care provider. The first visit to the health care provider must be in-person within 7 days of the first day of incapacity and the second treatment must take place within thirty days of the first day of incapacity and must be determined by the health care provider.

Pregnancy or prenatal care; 

Chronic serious health condition (such as asthma, diabetes, epilepsy) which require periodic visits for treatment by a health care provider at least twice a year;

Permanent or long-term incapacity (such as Alzheimer's, severe stroke, terminal stages of a disease); 

Absence to receive multiple treatments for restorative surgery after an accident or injury or a condition that would likely result in an incapacity of 3 or more days if not treated (such as cancer, severe arthritis, kidney disease).

Qualifying Exigency - Specific activities arising out of the fact that a covered military member is on active duty, including issues related to short notice deployment, attendance at military events and related activities, arranging for or addressing childcare and school activities (but not routine childcare), making financial and legal arrangements, attending counseling, rest and recuperation with a covered service member, and attending post-deployment activities.

Next of Kin - the nearest blood relative other than the covered service member's spouse, parent, son or daughter, in a set order of priority, unless another blood relative has been designated as next of kin. This applies to Military Caregiver Leave only.

Designation of Leave

It is the responsibility of the employee and/or the supervisor to notify Human Resources if a leave is believed to be FMLA related; however, if it is reasonably known that leave is related to an FMLA qualifying event, the university may designate it as FMLA and notify the employee. Once leave has been designated as FMLA by Human Resources, previous absences will be reviewed to determine FMLA designation status.

Duration of Leave

Employees may be granted a maximum of twelve weeks of Family and Medical Leave in any twelve-month period. The twelve-month period is a "rolling" twelve-month period measured backward from the date an employee uses any leave. An employee's FMLA balance is equal to 12 weeks minus any FMLA time taken during the immediately preceding 12 months. 

Leave for a newborn child or for adoption or foster care placement of a child must be complete within twelve months of the birth, adoption or placement. The leave cannot be taken intermittently or on a reduced schedule unless both the department and the individual agree on the schedule of intermittent or reduced leave. 

Leave for a serious health condition (for a seriously ill child, spouse or parent or the employee's own condition) may be taken intermittently or on a reduced schedule but only if certified by a health care provider as needed for medical reasons.

Employees are obligated to remain in contact with their supervisors regarding their status during the FMLA leave as frequently as the supervisor deems appropriate and necessary under the circumstances. Employees must keep their supervisors informed about the day they intend to return to work. For employees who are approved for intermittent FMLA leave, such contact must be made every day that the employee intends to use intermittent leave. For employees on an approved FMLA leave that extends more than 30 days, such contact must be made at a minimum of every 30 days. Failure to keep the department updated may result in disciplinary action. 

If on intermittent leave, the employee must make reasonable efforts to schedule the intermittent leave so as not to disrupt the operation of the department. The University may temporarily transfer employees to an available alternative position if an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee, a family member, or a covered service member, including during a period of recovery from one's own serious health condition, a serious health condition of a spouse, parent, son or daughter, or a serious injury or illness of a covered service member, or if the University agrees to permit intermittent or reduced schedule leave for the birth of a child or for placement of a child for adoption or foster care. In such cases, the alternative position shall have equivalent pay and benefits. 

Pay during FMLA Leave 

The Family and Medical Leave Act provides for unpaid leave time. The University requires employees to use available paid sick leave and annual leave first for their own serious health condition, to the extent available, before the leave becomes unpaid. The following table indicates the use of paid time during leaves. Paid time is based on scheduled work hours. 

Reason for Leave

Sick
Annual
Employee's Own Serious Health Condition
X
X
Birth of a Child ( Mother)
X *
X
Adoption, Foster Care Placement, or Care for newborn (Mother/Father)
X
Serious Health Condition
of Spouse, Child or Parent
X
X
Workers' Compensation
Optional
Optional
Military Qualifying Exigency
X
Military Caregiver Leave
X
X
** Sick days allowed only until released from physician

Any and all leave time approved as FMLA, whether paid or unpaid, is counted as part of the twelve-week Family and Medical Leave period. Time off for Worker's Compensation or leave related to an on-the-job injury is counted as FMLA. 

Reinstatement

Before an employee can return from a leave for their own serious health condition, the employee must present a certification from their health care provider that they are fit-for-duty and able to return to work. 

An employee returning from an approved Family and Medical Leave will be restored to the same position that the employee held when the leave started, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. Any employee who chooses not to return to work upon release by their physician will be considered to have resigned their position effective the last day of the leave. 

Extended Medical Leave 

Any medical leave that extends beyond the duration of FMLA leave must be approved as a Leave of Absence (refer to the Leave of Absence policy). The total leave may not extend beyond 12 consecutive months, including the three months of FMLA. For example, and employee receiving 3 months of FMLA related leave may request up to 9 months of Leave of Absence. An employee who is not released to return to work by a health care provider within one year from the beginning of any medical leave, inclusive of FMLA, will be separated from the University. 

Military Caregiver Leave

FMLA provides up to 26 weeks of leave in a single 12-month period to an employee who is the spouse, son, daughter, parent, or next of kin of a covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty and is undergoing medical treatment, recuperation, or therapy; or is otherwise in outpatient status; or is on the temporary disability retired list. 

For purposes of Military Caregiver Leave, a "single 12-month period" is defined as a rolling year beginning with the first day of the leave. An eligible employee is entitled to a combined total of 26 weeks of Military Caregiver Leave and leave for any other FMLA qualifying reason in a single 12-month period, provided that the employee may not take more than 12 weeks of leave for any other FMLA qualifying reason during this period. For example, in a single 12-month period, an employee could take 12 weeks of FMLA to care for a newborn child and 14 weeks of Military Caregiver Leave, but could not take 16 weeks of leave to care for a newborn child and 10 weeks of Military Caregiver Leave. 

It is the employee's responsibility to provide complete, sufficient, and timely certification when requesting leave. 

Employee Notice Requirements

In the event a Family and Medical Leave is required for planned medical treatment, the course of treatment should be scheduled so as not to unduly disrupt the department's operations. Employees should consult with their department prior to arranging appointments so that a schedule can be agreed upon that best suits both employee needs and the needs of the department. If the leave is foreseeable, 30 days prior written notice to the University is required. When 30 days notice is not practicable, employees must notify their supervisor as soon as practicable and must comply with the department's normal call-in procedures. Failure to provide proper notice may result in delay or denial of the leave, and may result in disciplinary action. 

Medical Certification

When a Family and Medical leave is requested because of the employee's own serious health condition, or the serious health condition of a covered relative, appropriate medical certification as requested by the University must be provided in a timely manner. Failure to provide satisfactory medical certification will result in denial of leave until appropriate medical certification is provided. 

The University reserves the right to request and obtain a second opinion of a serious health condition from a health care provider at the University's expense.

Medical Re-Certification during Extended Leave 

Employees on extended medical leave must provide a medical re-certification to the department or the Office of Human Resources upon request. 

Continuation of Benefits 

During the covered FMLA leave, an employee's benefits will continue as long as the employee makes his/her normal contributions to such benefits. Benefits funded by the University also continue during this period. 

The Internal Revenue Code, section 129, does not allow participation in the Dependent Care Flexible Spending Account while on medical leave. Dependent care expenses incurred during a medical leave are not eligible for reimbursement. An employee on an approved Family Medical Leave of absence may elect to change his/her Dependent Care election for the balance of the year. This change must be made through the Office of Human Resources. 

If an employee's leave extends beyond FMLA and approval is received for a Leave of Absence, the employee's benefits can continue only if he/she pays the full cost of coverage in accordance with the Leave of Absence process which requires election of COBRA coverage. 

606.12

Retirement

All full-time employees and non temporary part-time employees (non-students) who work at least 20 hours per week are required to participate in The Teachers' Retirement System of Alabama. This retirement plan is the primary retirement plan for University employees. Information about the plan is available in the Office of Human Resources. Employees planning to retire should notify the Office of Human Resources 90 days prior to the retirement date so that appropriate documents may be prepared.

606.13

Tuition Assistance

The Tuition Assistance Program affords eligible participants the opportunity to take courses at one of the campuses/sites of ���ϱ��� at a reduced cost.

General Guidelines

Eligibility

Tuition Assistance Program is available to full-time regular employees of ���ϱ��� or the dependent of such an employee meeting eligibility requirements. Retirees that were eligible on their date of retirement and their dependents are also eligible. No part-time, temporary, or adjunct personnel will be eligible for any form of tuition assistance. Employees or dependents funded by Budgeted Restricted Funds (grants, contracts, non-recurring funding) are not eligible for Tuition Assistance unless specifically authorized and budgeted from their funding source. For purposes of this policy, a dependent is anyone eligible for ���ϱ��� health insurance. Dependents of an eligible participant who dies are eligible to continue the dependent's Tuition Assistance benefit if they are a senior in high school or have taken the first course under the dependent tuition assistance plan within the 12 months prior to the eligible participant's death. Individuals transitioning from dependent status to employee status will be eligible to continue receiving tuition assistance under the employee status.

Eligibility Date

Tuition Assistance is effective after one calendar year of continuous full-time regular service. Interim, temporary, and part-time employment does not count toward fulfilling the one-year requirement. An employee must still be employed on the first day of class in order to be eligible for the tuition assistance waiver. Eligibility for dependent status is established on the first day of class; therefore, if an employee's dependent loses dependent status prior to the first day of class, they will not receive the tuition waiver even if previously approved. 

Eligible Courses

In-class and online courses as part of a degree program can be taken under tuition assistance. Only semester or term based courses fall under Tuition Assistance; independent studies and course auditing are not covered by this policy. Special and uniquely designed degree programs that have special-priced tuition rates such as Aviation programs and special priced cohort programs are not eligible for Employee/Dependent Tuition Assistance. Tuition Assistance can only be used toward one degree at each level (one bachelor's degree, one master's degree, and one doctorate degree where available). If tuition assistance is utilized for any portion of a degree, it will not be granted for any portion of a second degree at the same level. Employees and dependents who have a higher level degree from any college or university are not eligible to pursue a lower level degree or equal level degree using Employee/Dependent Tuition Assistance. 

Academic Standing

In order to be eligible for tuition assistance, students must be in good academic standing. Good academic standing for the purposes of Tuition Assistance means that those eligible to receive Tuition Assistance must not be on any type of University “Hold” that would prevent them from being allowed to register for courses. If allowed to register for courses, and all other eligibility requirements are met, Tuition Assistance may be awarded. If the employee or dependent is registered in the semester or term and in a degree program, they are eligible for employee/dependent tuition assistance, unless ineligible for other policy reasons.

Dropped courses/Withdraws

If a student drops or withdraws from courses that received a tuition waiver, it is the student's responsibility to immediately notify Human Resources so the waiver can be removed from the individuals account. If notification is not made until after the drop/add/withdrawal deadline date, the student is responsible for paying all tuition and fees for the courses. Failure to notify Human Resources of post drop/add date withdrawals and failure to pay the associated tuition will result in the employee or dependent being ineligible for further tuition assistance. If courses receiving waived tuition are failed, the tuition will not be waived for those courses a second time.

Professional development/education courses: Courses taken by employees outside of a degree program and for professional development/education must be job related. These course fee waivers are charged to the employees department and therefore must be approved by the supervisor and funds must be available. 

Waiver Details

Tuition amount waived: Tuition amount waived: The rate of waiver is only up to the established, in-class, in-state tuition rate; all other costs and fees are the responsibility of the student and must be paid by established and published University deadlines. Failure of students to pay their fees and their portion of tuition will result in payment plan and late fees. The surcharge for distance learning (the amount charged over and above regular tuition) must be paid by the employee/dependent. Dependents of employees hired before September 30, 2015 receive a 75% waiver of eligible amounts for courses approved by their academic advisor. Dependents of employees hired on October 1, 2015 or later receive a 50% waiver of eligible amounts for courses approved by their academic advisor. After spring semester/T-4 Term 2020, all dependents of employees receive a 50% waiver of eligible amounts for courses approved by their academic advisor. Employees receive 100% waiver of eligible amounts for up to nine semester hours per academic year (usually one course each fall, spring, and summer semesters; supervisors can approve 2 courses in one semester or term if only one course is during business hours and the maximum number of hours are not exceeded for the academic year). For courses with an associated lab, the four credit hour course will be covered and calculated as a three hour course.

Cap of Hours

Tuition waivers will be capped at 120 hours for undergraduate programs and 36 hours for graduate programs.

Use of Waiver when other aid is received

If full, or partial, tuition is provided by any institutional/university source, then that source must be applied to tuition first, with tuition assistance being applied to the remaining balance. For example: If a full tuition payment is made by a ���ϱ��� scholarship, tuition assistance would not apply. If you receive tuition assistance or reimbursements from other sources, such as federal loans, grants, G. I. Bills, or PACT payments - those sources will be applied to tuition after the tuition assistance is applied. Should the eligible participant's full tuition cease to be covered by another source for any reason while the participant is still eligible for Tuition Assistance, Tuition Assistance may be utilized at such time.

Note: Employees must receive supervisor's approval to take courses during the business day and in such cases, extended work days should be arranged to ensure hours spent commuting and in class are worked at an alternate time.

Tax implications

Under current tax laws (subject to change), employee and retiree undergraduate and up to $5,250 worth of graduate tuition assistance and dependent undergraduate tuition assistance are not considered taxable. Dependent graduate tuition assistance is considered 100% taxable income for the sponsoring employee or retiree and will be reported on the employee's IRS Form W-2 or on IRS Form 1099 for retirees. Payroll withholding taxes will be deducted from the employee’s pay on the next pay period following the Semester/Term Census date (day after the final day to drop/add/withdraw without financial penalty).

Application process

Applications for Tuition Assistance must route through the immediate supervisor. The form can be obtained online under the Human Resources section of the University website and must be returned to the Office of Human Resources after registration each academic term but prior to the 1st day of class. Eligibility requirements must be met for each term and must be established prior to the first day of class. Forms received after the first day of class will not be processed for tuition assistance unless approved by the applicable senior vice chancellor or athletics director due to circumstances beyond the employee’s control.

606.14

Funeral Leave

Employees will be allowed three (3) days of funeral leave for the death of an immediate family member. This leave will not affect sick/annual leave balances. Any leave past the initial 3 days must be requested and approved through the employee's supervisor. For the purpose of this policy, immediate family includes, spouse, child, parent, sibling, grandparent, grandchild, corresponding in-laws and "step" relations.

607.1

Courtesy

���ϱ��� is student centered. Students are the business of the University. Therefore, personal attention and quality service are important ingredients in every transaction on the campus--whether in the classroom or in offices. These qualities demonstrate a caring environment through courtesy to students, visitors, co-workers, and colleagues.

607.2

Promotions/Vacancies

Supervisors are encouraged to fill vacancies or new positions from within the System. When a vacancy is advertised, applications will be accepted from both current employees and prospective employees and will be advertised on campus and off campus. Employees and all other applicants proceed through the same application procedures. A classified employee should only apply for or be selected for a position that is in a higher salary range than the employee's current range. A promoted classified employee will receive a minimum pay increase of 3% by being placed in step one of the new range or at a step in the higher range which will provide a 3% raise. Supervisors considering an internal candidate as a finalist should contact the candidate’s current supervisor prior to any interview for final selection.

607.3

Departmental Policies

Departments may establish additional rules and procedures for their areas with the approval of the appropriate administrator. These rules and procedures must be consistent with this handbook.

607.4

Political Activity

The Board of Trustees (hereinafter referred to as the Board) hereby reaffirms its historic position that the institution shall neither endorse nor support any candidate for nomination or election to any public office of the State of Alabama or any other political entity. However, employees of the University do not surrender their civil and political rights and responsibilities by virtue of their employment. Indeed, the Board encourages the officials and employees of the University to fulfill their civic responsibilities as private citizens. But the Board shall continue to require that, consistent with state law, no University employee shall use University resources, time, or property for or on behalf of any political candidate, campaign, or organization, or for any contribution or solicitation of any contribution to a political campaign or organization. (Nothing in this rule is intended to discourage the impartial use of University facilities as a public forum.) The Board recognizes that it is often difficult for the public to distinguish between the public and private activities of University employees, particularly when these employees occupy senior administrative positions within the institution. For this reason and because the University is a public institution, the Board wishes to guard against actions that are illegal and improper as well as those that may create the appearance of impropriety. It is incumbent upon employees of the University to make clear in any political activity whatsoever that they are acting in a private and individual capacity and that their activities have neither University sponsorship nor support. It is also incumbent upon employees of the University to avoid any private actions of a collective nature that may lend or appear to lend the support of the University to political activity. Because of their prominent identification with the institution, the major administrative officers of the University have a particularly heavy obligation to insure that their activities are not misinterpreted or misunderstood. No University System employee may seek or hold public office without first giving written notification to the Chancellor. 

If an employee wishes to engage in a political activity and is unsure of the appropriateness of the activity with respect to Board Policy, the employee shall request an interpretation on the matter from the Chancellor’s office.

607.5

Supplemental Employment

Supplemental employment is any employment other than the employee's regular University position; it includes other work within the University. Supplemental employment is permitted, provided it does not interfere with the efficient performance of the University assignment. Supplemental employment must be discontinued if it has an adverse effect on an employee's work performance or is of the type that would reasonably give rise to criticism or suspicion of a conflict of interest. An employee may not use any University resources or property in connection with employment outside the University, or for the purposes of monetary gain for the employee. The immediate supervisor must be informed whenever an employee accepts supplemental employment, and the supervisor will determine whether or not the supplemental employment conflicts with employment at the University.

Supplemental employment should be performed outside regular working hours. With the approval of the respective Senior Vice Chancellor/Vice Chancellor, employees asked to fulfill additional duties due to a vacancy may be compensated based on the following criteria: If the duties are considered higher level duties compared to their primary position, a monthly stipend based upon the vacant position salary may be paid. For non-exempt employees, if the additional duties are not outside the scope of the employees’ normal responsibilities, and the employee works more than 40 hours per week overtime will be paid.

Note- overtime must be approved. Employees should seek initial approval from their supervisor using the University’s Secondary Position Authorization Form found on the Human Resources forms page.

Adjunct Teaching

Staff employees approved to teach adjunct courses are allowed to teach one in-person adjunct course per semester during their lunch hour or by using vacation leave. Online classes and classes outside regular working hours are capped based on the Academic Operating Procedure (AOP) 9-21-05-01. Staff members serving as adjunct faculty may not leave early from regularly scheduled primary job on a regular basis. On occasion and with approval from the respective Senior Vice Chancellor/Vice Chancellor an employee may use vacation leave to leave early for adjunct teaching. Non-exempt classified employees teaching adjunct must fill out a timecard for the adjunct work performed. The timecard will be approved by their faculty supervisor. Classified adjunct positions are paid at the overtime rate of the employee’s primary position The timecard for the primary position should be approved before the secondary timecard approval to calculate earnings properly. The classified adjunct employee should receive at least the amount according to the AOP. If the full rate has not been received by the end of the term/semester, the department should submit a Supplemental Pay Form for the remaining wages. NOTE: all time away from official university duties must be documented and written authorization must be provided each semester by the respective Senior Vice Chancellor/Vice Chancellor.

Grant Duties

This policy applies to staff employees whose primary positions do not include grant responsibilities. Faculty and staff members whose primary positions include grant responsibilities will continue working on those duties during regular working hours. Employees asked to fulfill grant related duties in addition to their regular position responsibilities may be compensated for the additional duties based on the following criteria. These duties must be performed outside regular working hours. Exempt employees may receive a monthly stipend based on the duties performed. Non-exempt employee must fill out a timecard to document the hours worked performing the grant related duties. A secondary position must be created for non-exempt employees to properly document hours worked.

607.6

Personnel Records

Official personnel records are maintained in the Office of Human Resources at ���ϱ��� University, ���ϱ���. An employee's personnel record contains all information pertinent to employment; it is the property of the University. The information in the personnel record is personal and confidential. An employee may personally review the personnel file at any reasonable time by making an appointment to do so. Supervisors may review an employee's personnel file for official reasons.

607.7

Updating Personnel Records

Employees are responsible for informing the Human Resources Office of any changes in personal status such as name, address, marital status, payroll deductions, insurance, etc. by completing the appropriate forms. The University is not responsible for any loss of benefits caused by an employee’s failure to report such changes.

607.8

Nepotism

���ϱ���’s employment decisions are based on qualifications for the position, ability and performance.  The purpose of this policy is to ensure that University practices do not create a conflict of interest or favoritism.
  
���ϱ��� permits the employment of qualified relatives who are considered immediate family members as defined below, as long as employment does not place a relative in the same chain of command.  Specifically, no individual will be hired as a regular, temporary, or student employee either part-time or full-time, for a position over which a member of the employee’s immediate family exercises supervisory or managerial authority or is within the chain of command where influence over work responsibilities, disciplinary actions, hiring, promoting, evaluating, compensating, or terminating of an employee is present. For the purpose of this policy, immediate family includes, spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, corresponding in-laws, “step” relations, “foster” relations or any member of the employee’s household.  A position is considered outside the influence of the chain of command (a supervisor) if the position is at least 3 times removed.Policy compliance is the responsibility of the hiring supervisors.  Directors will monitor changes in employment reporting relationships after initial hire to ensure compliance with this policy.  If any employees enter into a family relationship as listed in this policy, one of the employees must seek transfer or a change in reporting relationship.  In the case of employment relationships which would otherwise violate this policy but were in place prior to this policy’s implementation, there shall be no required change provided that the University takes appropriate action to insure that employees neither initiate nor participate in decisions involving direct benefit to the relative.

No exception to this policy will be made without the written approval of the Chancellor.

(Effective March 26, 2010)

Approved: Feb 24, 2010
OPR: Finance and Business Affairs
Review: Feb 2013

607.9

Solicitations

Solicitation by employees in the workplace violates University policy. Individuals not employed by the University may not solicit funds; sell tickets, chances, or merchandise; or distribute or place literature on the University premises without proper approval.

607.10

Gifts

Unless used for University purposes, an employee should not accept an employment-related gift from any individual or organization of significant economic value as defined by the Alabama State Ethics Law.

607.11

Drug Free Smoke Free Workplace

���ϱ��� complies with the Drug-Free Workplace Act of 1988 (Public Law 100-690) and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). For the purposes of this policy, the term Workplace means any office, building, classroom, laboratory, or property (including parking lots) owned or operated by the University, or any other site at which an employee is to perform work for the employer. An employee of the University is any faculty, staff, or student receiving remuneration for services rendered. Student means any person registered at the University for any type of academic credit, regardless of the length of the student's program of study. Possession means to be contained either on a student's or employee's person, or in a student's or employee's person, or in a student's or employee's motor vehicle, tools, briefcases, book bags, or areas entrusted to the control of the student or employee. Impaired means under the influence of an illicit drug or alcohol such that the student or employee is unable to perform his or her assigned tasks properly. The unlawful possession, use, consumption, manufacture, distribution, or dispensation of alcohol or other controlled substances in the workplace of any employee or student, or as any part of any functions or activities of ���ϱ��� is prohibited. Any student or employee of ���ϱ���, against whom a determination has been made for violating the University's policy regarding alcohol or drugs, shall be subject to sanctions imposed by the University. Such sanctions shall be determined on a case-by-case basis and shall be commensurate with the severity of the violation. Such sanctions may, however, include termination in the case of an employee and suspension in the case of a student. Additionally, violators will be referred to the appropriate law enforcement officials for prosecution. ���ϱ��� will maintain a drug-free awareness program to inform students and employees of the dangers of alcohol and drug abuse and will also maintain a current roster of local and area drug and alcohol treatment and rehabilitation programs. Each employee and student at ���ϱ��� will annually receive a written copy of this policy. ���ϱ��� University will make a good faith effort to ensure that the criteria in this policy are met and to review the policy on an annual basis.

607.12

Tobacco Policy

���ϱ��� is a tobacco-free campus at all locations owned or leased by the University. The use of tobacco is prohibited within university buildings, parking lots, structures, walkways, indoor and outdoor athletic facilities, university vehicles, worksites and grounds, and any vehicles on the campus regardless of ownership. This policy applies to all university employees, students, contractors, vendors, recruits and visitors. Tobacco use includes the possession of any lighted tobacco product or the use of any smokeless tobacco product. Non-tobacco nicotine delivery systems are not included under this policy.(Effective August 13, 2012)

Adopted: July 22, 2011 by Board of Trustees 
OPR: Student Services 
Review: Sept 2017

607.13

Fringe Benefit Proposals

Any unsolicited proposal from an outside vendor concerning a fringe benefit will be considered as follows:
A written proposal will be presented to the Office of Human Resources. The Director of Human Resources will review the proposal and determine if the proposal has sufficient merit to be forwarded to the Personnel Advisory Committee.
 
If the Director of Human Resources determines that the proposal has merit, a special sub-committee of the Personnel Advisory Committee consisting of the Chair and three other committee members will determine whether or not the proposal should be presented to the full committee. If presented to the full committee, the Chair will determine whether the proposal should be presented at a specially called meeting or at the next regularly scheduled meeting. The Chair will also decide whether the presentation to the committee should be written or oral.
 
If a formal written or oral presentation is made to the full committee, a recommendation will be made to the Chancellor.
 
The Chair is authorized to make direct contact with the proposer during this entire process.

607.14

Telephone

Employees will be given instructions for operating the telephone system. A University personnel directory is provided. Telephones should be answered promptly, stating the work area and employee name (e.g., "Good morning, ���ϱ���, Finance and Business Affairs Office, Jane Jones speaking"). It is important to speak distinctly, clearly, and in a friendly, professional manner. University telephones are for official use.

607.15

Personal Appearance

The University expects all employees to dress appropriately and to select work clothing which ensures a safe working environment and is conducive to the professional atmosphere of a university setting.

607.16

Performance Evaluation

Employees will be evaluated at the end of appraisal periods and annually thereafter.

607.17

Personal Visitors, Calls and Mail

Personal telephone calls, emails, and visitors during work hours should be limited. Employees should discourage individuals from sending them personal mail in care of the University. If a personal visit must be made, it should be limited to 10 minutes; personal telephone calls should be limited to 5 minutes. Employees will be given instructions for operating the telephone system. A University personnel directory is provided. Telephones should be answered promptly, stating the work area and employee name (e.g., "Good morning, ���ϱ���, Finance and Business Affairs Office, Jane Jones speaking"). It is important to speak distinctly, clearly, and in a friendly, professional manner. University telephones are for official use.

607.18

Harassment and Discrimination

Harassment or discrimination by anyone, whether in the classroom, the office, at a University sponsored function, or within any university environment, will not be tolerated. Individuals found to participate in harassment or discrimination will be subject to disciplinary procedures up to and including termination. 

Individuals Covered Under the Policy 

���ϱ���'s comprehensive harassment and discrimination policy covers all employees, students, applicants, vendors/contractors, visitors, and all others conducting official business with the University.

Definition of Harassment 

For purposes of ���ϱ���'s policy, harassment is any comments or conduct consisting of words or actions that are unwelcome or offensive to a person in relation to sex, race, age, religion, national origin, color, marital status, pregnancy, disability or veteran's status. This is inclusive of comments or conduct by a person in a position of authority that is intimidating, threatening or abusive. Harassment can also occur between people of similar authority. Harassment occurs when it is known or ought reasonably to be known that such comments or conduct would be unwelcome.Examples of harassment include gestures, remarks, jokes, taunting, innuendo, display of offensive materials, threats, imposition of academic penalties, hazing, stalking, shunning or exclusion related to the discriminatory or harassing grounds. The victim should directly inform the harasser that the conduct is unwelcome and must stop. The victim should report any complaint as dictated by policy. 

NOTE: In any case of harassment, the harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee to include students.

Sexual Harassment 

Sexual harassment as defined by this policy includes unwelcome sexual advances, requests for sexual favors, and any other verbal, graphic, or physical conduct. If these events are of sexual nature it constitutes sexual harassment when submission to, or rejection of this conduct explicitly or implicitly, affects an individual's employment or educational experience, unreasonably interferes with an individual's work performance or academic performance, or creates an intimidating, hostile, or offensive work or educational environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• Demanding sexual favors in exchange for favorable evaluations, assignments, promotions, continued employment, grades, letters of recommendation, or similar promises. 
• Subtle pressure for sexual activity.
• Continued or repeated sexual jokes, kidding, teasing, epithets, flirtation, advances, or propositions. 
• Derogatory or demeaning comments about gender, whether sexual or not. 
• Harassment consistently targeted at only one sex, even if the content of the verbal abuse is not sexual. 
• Verbal abuse of a sexual nature. 
• Graphic verbal commentary about an individual's body, clothing, sexual process, or sexual deficiencies. 
• Sexually degrading or vulgar words to describe an individual. 
• Leering, whistling, touching, pinching, brushing the body, assault, coerced sexual acts, or suggestive, insulting, or obscene comments or gestures. 
• The display in the workplace or an academic environment of sexually suggestive objects, pictures, posters or cartoons. 
• Introduction or utilization of inappropriate sexual material in an academic setting. 
• Name calling, relating stories, gossip, comments, or jokes that may be derogatory toward a particular sex. 
• The display of sexually suggestive graffiti. 
• Asking questions about sexual conduct or sexual orientation or performances. 
• Offensive, repeated requests for dates, even if made after work. 
• Continued advances of a sexual nature which are rejected, even after the parties break off a consensual relationship.

Definition of Discrimination

For the purposes of ���ϱ���'s policy, discrimination is defined as any action resulting in illegal differentiation or adverse treatment of an individual based on their age, sex, race, religion, national origin, marital status or veteran status.

Procedures

Reporting a Complaint

���ϱ��� encourages anyone that believes he or she is being harassed or discriminated against should report the incident within 180 days. An incident should be reported in one of the following ways:

• Directly inform the harasser that the conduct/comments are unwelcome and must stop. If the conduct and/or comments do not cease immediately, the accuser should report the complaint to the accused's supervisor or the Department of Human Resources.
• If the accuser does not desire to confront the alleged harasser directly, he/she should report the incident to the alleged harasser's superior (the individual to whom the alleged harasser reports) who will report the complaint to the Department of Human Resources.
• If the complainant is not comfortable reporting the incident to the accused's supervisor, he/she can report the complaint directly to the Department of Human Resources.

Once the complaint is received by the Department of Human Resources, the complainant can choose:

• To proceed informally; where the superior of the alleged harasser, in conjunction with Human Resources, will assist in resolving the matter.
• If the matter is not resolved informally to the satisfaction of the reporting party, the complainant may request to begin a formal investigation process.
• The complainant may request to begin the process with a formal investigation rather than an informal procedure if warranted.
• To begin a formal investigation, the complaint must be submitted to Human Resources in writing and signed by the complainant.

NOTE: Anyone witnessing an act of harassment and/or discrimination may report the incident directly to the Human Resources Department.
Investigation

Human Resources will coordinate the investigation of the complaint and file a summary report with a subcommittee of the Personal Advisory Committee. The subcommittee and the appropriate Senior Vice Chancellor will determine whether there is a reasonable basis for believing the alleged violations of the harassment and discrimination policy has occurred. The investigation may include oral interviews and/or written statements from the complainant, the alleged harasser, any witnesses who may be able to provide pertinent information about the facts of the case, and review of any documentation of previous allegations and/or disciplinary actions related to harassment or discrimination. In the course of the investigation, the accused individual will be informed of the allegations and the facts surrounding the allegations and will be afforded a full opportunity to respond. 

In general, the investigation process will consist of the following procedures:

• Interview complainant.
• Have complainant read, approve, and sign a written report of the incident.
• Notify accused of complaint.
• Interview and obtain written report from accused.
• Interview and obtain written reports from witnesses to the incident of harassment or discrimination.

The University is committed to investigating and resolving any complaint of harassment or discrimination brought to the attention of the University. The investigation process will be completed in an appropriate and timely manner. 

An individual who believes he or she is a victim of harassment or discrimination or retaliation is encouraged to keep a record of the objectionable conduct. However, the complainant should be aware that a record kept at the direction of the University may be considered privileged, to any extent possible.

Committee Review and Resolution

The results of the investigation will be reviewed by an appropriate subcommittee of the Personnel Advisory Committee and the appropriate Senior Vice Chancellor. 

Individual Accused
Appropriate Committee to Hear Claim
Student
Student Affairs Committee
Faculty
Senior Vice Chancellor/Provost
Dean of College or School
Faculty member serving on Personnel Advisory Committee
Senior Director of Human Resources 
Staff or Administrator
Senior Vice Chancellor of the employee’s division
2 members of the Personnel Advisory Committee
Senior Director of Human Resources
Others
Varies based on circumstances – appropriate representatives determined by Senior Director of Human Resources

If a member of the appropriate body is involved in the incident or asked to be recused from the review, another appropriate representative will be appointed to the review committee by the Senior Director of Human Resources. 

The results of the investigation may fall into two categories:

• No Merit - If the appropriate committee determines the complaint is without merit, the complaint will be regarded as resolved with no further action.
• Merit - If after review by the appropriate committee, the complaint is determined to have merit, appropriate sanctions and/or disciplinary action will be taken. The harasser's supervisor, in conjunction with the appropriate Senior Vice Chancellor and the Department of Human Resources, will coordinate the disciplinary action which may include (but not be limited to) counseling or education about discrimination or harassment, verbal or written reprimands, reassignment, suspension or termination. Disciplinary procedures will vary as a result of the parties involved, i.e., the complainant and the accused. A recommendation of sanctions will be forwarded to the Office of the Chancellor for approval.
  In all cases, The Senior Director of Human Resources will provide a written response to the complainant and the accused following conclusion of the process. The procedures outlined in this policy do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Equal Employment Opportunity Commission (EEOC), initiating civil action, or redress under state, civil, or criminal statutes and/or federal law.

Confidentiality

Harassment or Discrimination is a particularly sensitive issue that may affect any member of the University community. The University recognizes the privacy rights of both the complainant and the accused in a harassment or discrimination situation. The University and its employees will take care to provide confidentiality to all parties involved in a discrimination or harassment charge. However, it will be necessary to investigate the complaint and to respond to any legal and/or administrative proceedings, which may arise out of or relate to the harassment or discrimination complaint. The need to include individuals in the investigation will obligate sharing of information in the process.

Non-Retaliation

Retaliation is a very serious violation of this policy and should be reported immediately. Any attempt to penalize or retaliate in any way against a person bringing, investigating, or cooperating with an investigation of a harassment or discrimination charge is prohibited and will be treated as a separate incident to be reviewed on its own merit. 

Protection of the Alleged Harasser - In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the alleged harasser if it was damaged by the proceeding. 

False claims - A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to the full range of the University's disciplinary procedures from official reprimand to dismissal.

Sanctions

Sanctions will be determined based on the severity and/or number of incidents. Prior issues related to harassment and discrimination will be taken into account in determining the appropriate disciplinary level. 

Employees 

Potential sanctions for harassment or discrimination include (but are not limited to) the following:

• Disciplinary warning/reprimand
• Referral to appropriate counseling
• Reassignment
• Temporary suspension
• Termination
• Students 

Potential sanctions for harassment or discrimination include (but are not limited to) the following:

• Disciplinary warning/ reprimand
• Disciplinary probation
• Suspension
• Expulsion
• Appeals

If the sanction associated with the committee findings is termination, the terminated employee may appeal the termination as outlined in the Notice of Termination policy. This appeal will be to address the sanction; however, the determination of the merit of the harassment and/or discrimination charge is not eligible for appeal.

Education and Training 

The University commits to this policy by:

• Developing and reviewing the comprehensive policy on a timely basis; 
• Annually communicating the policy to students and employees; 
• Annually training and educating students and employees; 
• Confidentiality, insofar as possible, in investigating incidents; 
• Documenting findings and maintaining records; 
• Taking appropriate action when incidents occur.

607.19

Safety and Emergency

Safety of students, the public, and personnel is of major importance. All safety hazards should be reported to the appropriate campus authority, as soon as a hazard is noticed. Employees should become familiar with their campus Safety and Security Plan.

607.20

Infectious Diseases

607.20.1 Introduction

This policy establishes general principles regarding persons with infectious diseases within the University. Persons with an infectious disease may be considered by law to have disabling conditions. The legal rights of disabled individuals must be guaranteed. University policy prohibits discrimination against persons with or perceived to have an infectious disease. Complaints may be addressed to the campus affirmative action officer.

No current or prospective employee of the University shall be required to receive an HIV antibody test or other diagnostic test associated with HIV disease as a condition of employment.

Employees of the University who may contract an infectious disease will not be excluded from enrollment or employment or restricted in their access to University services or facilities by reason of their infection unless individual medical judgments establish that exclusion or restriction is necessary to the welfare of the individual or of other members of the University community. Individual cases may be subject to review by a physician designated by the University.

Information regarding an individual’s diagnosis of an infectious disease will be maintained as confidential personal medical information, which will not be released to any party without the specific written consent of the individual, except where required by law. The confidentiality of information is superseded only by the necessity to protect others who may be or could be placed in life-threatening circumstances by actions of the infected person.

Members of the University community with an infectious disease have a responsibility to be aware of information and the most recent recommendations from the Centers for Disease Control, to prevent transmission of the diseases to others. Basic information about HIV/AIDS and other blood-borne diseases is available at the ���ϱ��� Student Health Center. Persons who know or suspect they are infected with an infectious disease are expected to obtain and follow appropriate medical advice and are further expected to conduct themselves responsibly for the protection of others. Failure to do so may lead to disciplinary action.

Detailed standards and procedures consistent with this policy shall be implemented by individual departments where risks of contact with body fluids are significant. Each departmental procedure shall be subject to review by a designee of the Chancellor. Those who work or study in such departments shall be subject to these procedures.

This policy shall be reviewed as needed by the Infectious Disease Task Force. It shall be published in University documents as appropriate. 

607.20.2 Blood Borne Pathogen Education and Prevention

This policy establishes that the University is aware of risk factors associated with certain academic majors and other activities, and has adopted measures to deal responsibly with both employees and students. The policy recognizes that departments face varying degrees of risk for exposure to employees and students, and provides for separate departmental procedures to be developed in areas of high risk. Specific provisions are identified for prevention measures and post- exposure follow-up for employees, at University (departmental) expense. Likewise, specific provisions are given for students to bear the cost of prevention measures and other expenses.

Policy

���ϱ��� adopts this policy to limit any occupational exposure to blood borne infections by providing training sessions for employees and for students, an Exposure Control Plan, vaccination for Hepatitis B, post-exposure evaluation and follow-up, medical records, and policy implementation. This policy has been prepared in accordance with the Occupational Safety and Health Administration (OSHA) Blood Borne Pathogens regulation, 29 CFR 1910.1030.

Scope

This policy and related procedures will cover all employees who could be "reasonably anticipated," as a result of their job duties, being exposed to blood borne infections. All such employees must be familiar with the "Universal Precautions." In addition, this policy and related procedures will apply to any student who could be "reasonably anticipated," as a result of academic requirements, to be exposed to blood borne infections.

Employee and Student Information and Training

The University will make available the policy and institutional guidelines for blood borne infections to both employees and students. Training and education of employees at risk of exposure shall take place within the first ten work days of employment. Training and education of students in departments of courses where exposure risks can be anticipated shall take place during new student orientation or within the first week of each semester. Training records shall be maintained for at least three years in each departmental office, according to procedures adopted in each department. Students may be potentially at risk of exposure to blood borne pathogens during clinical laboratory experiences include Nursing, Athletic Training, and Medical Technology. For students and employees with no specific risk of exposure, information will be provided through routine publications about potential risk, existing policy, and incident reporting procedures.

Blood/Body Fluid Spill Incident Reporting Procedures

If an accident or illness occurs where blood or body fluids are spilled, immediately contact the University Police or the Security Officer for your campus. DO NOT TRY TO CLEAN UP A SPILL WITHOUT PROPER TRAINING AND SAFEGUARDS.Identify spill.

Immediately remove contaminated clothing and wash hands with soap and water.

Phone University Police or Campus Security, and give details of the incident, identifying the situation as one with blood or body fluids.

The Security personnel will contact an ambulance or other emergency service as needed.

The Security personnel will contact Physical Plant Housekeeping to clean up spill in a proper manner.

Security personnel will write an incident report and will notify the Campus Safety Officer if exposure to blood or body fluids has occurred.

Exposure Control Plan

A model exposure control plan has been developed by the University and shall be individualized at the departmental level. Detailed policies and procedures consistent with this University policy shall be defined and implemented by individual departments where there is significant risk of exposure to blood or body fluids. Each department's policies and procedures shall be approved by the Dean of the college. Those who work or study in the departments covered shall be subject to these specific departmental policies and procedures. The exposure control plan shall include key definitions, hazard recognition, and exposure control procedures. Such procedures shall include but not be limited to: engineering controls, required general work practices, personal protection equipment, housekeeping, waste disposal, laundry, communication of hazards to workers, medical surveillance, record keeping, student education, and exposure control action plan. The University will provide facilities and equipment through affected departments and ensure that employees use them following exposure to blood or body fluids. Universal Precautions shall be used to minimize needle sticks, to minimize splashing and spraying of blood, to ensure appropriate disposal of specimens, to regulate wastes, and to decontaminate equipment.

Hepatitis B Vaccination

The University, through the supervision of licensed physicians or other licensed health care professionals through the Student Health and Wellness Center, will make Hepatitis B vaccination available to all employees who are at risk for occupational exposure to blood. This vaccination will be at no charge to the employee. Students who have exposure risk to human blood in a clinical lab setting or other students who are concerned with exposure potential may receive vaccinations at the expense of the student through the Student Health and Wellness Center.

Post-Exposure Evaluation and Follow-Up

Following an exposure incident, follow-up will include a confidential medical evaluation documenting the circumstances of exposure, identifying and testing the source individual if feasible, testing the exposed employee's blood if the employee consents, post-exposure prophylaxis, counseling, and evaluation. The University will, upon request, provide laboratory tests at no cost to all employees who have had a documented on-the-job exposure incident. The laboratory tests for the employee will be scheduled through a designated laboratory.

Record Keeping for Exposure Incidents

The Office of Human Resources will keep records of each employee's occupational exposure under OSHA guidelines, which currently require that such records be maintained for the duration of employment plus 30 years. Medical records must be made available to the employee, anyone with written consent of the employee, or OSHA.

Disposal of Contaminated Materials

The Campus Security Officer or the Student Health and Wellness Center must be contacted regarding disposal of all contaminated materials, such as towels and other fabric products, gauze, sterile pads, swabs, etc. The College of Health Sciences has separate disposal plans for medical wastes and sharps which have been contaminated.

Policy Review and Publication

This policy and related procedures shall be reviewed and updated in keeping with developments in medical practice and federal/state regulations. The policy shall be published in the University Safety and Security Procedures Manual (by the Office of Student Services) and in departmental documents as appropriate.

607.21

Communicable Disease Alert

Inasmuch as ���ϱ��� is a global institution in scope, the University is occasionally affected by the outbreak of serious communicable diseases which restrict access and necessitate precautions in certain areas, viz., the recent Severe Acute Respiratory Syndrome (SARS), In each such instance, it is the policy of the University to adhere to guidelines issued by such agencies as the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) to ensure the safety of its employees. As these guidelines become available, they will be communicated to all faculty and staff.

607.22

Policy Statement on Significant Communicable Diseases and University Travel

The purpose of this statement is to advise the University community on measures to be implemented to safeguard the health and welfare of students, staff, faculty, and the community from the spread of significant communicable diseases.

DEFINITION: A significant communicable disease is one which has been identified by a recognized authority (e.g., World Health Organization, Centers for Disease Control, U.S. Department of Health and Human Services) as one which may have life-threatening potential or result in serious illness or infirmity and may be contracted merely by travel within a certain region. Recent examples include Severe Acute Respiratory Syndrome (SARS), Asian Influenza, Yellow Fever, and Dengue Fever.All students, faculty, and staff are strongly discouraged from travel to countries, provinces, or locations under travel advisories. However, all students, faculty, and staff planning to travel to and return from a geographic area under health advisory are strongly encouraged to seek advice from appropriate University offices (the International Programs Office, University College, the Office of Student Health Services, or the campus Student Services Office) to protect themselves, insofar as possible, from exposure through personal hygiene and self-protection. 
 
Those who travel to regions under health advisories will be advised that re-enrollment or return to work may require passing a screening procedure administered through a public health department, a licensed physician or clinic, or the Office of Student Health Services. The cost of any such screening procedure shall be borne by the student or staff member unless the travel was a requirement of the University. Individuals showing symptoms will require immediate isolation and proper treatment until symptoms are no longer present.
 
Departments which require or initiate travel for faculty, staff, or students will be required to monitor health advisories issued by CDC or WHO, and to review travel authorization to destinations for which an advisory is issued.
 
New students, staff, and faculty arriving from countries under health advisories will be subject to the screening procedure set forth above.
 
If, for any reason, faculty or staff must travel to areas under health advisories, they must adhere strictly to all precautions and guidelines set forth by the Centers for Disease Control (CDC).
 
For additional information, refer to the .

607.23

Parking Regulations

Parking areas are provided for employees. In order to park on campus, the automobiles must be registered with the campus. At the time the motor vehicle is registered, the employee will receive an identification decal with instructions for proper mounting. Decals are not transferable from one person to another. Decals should be removed whenever a motor vehicle is sold or traded. Some campus sites may require alternative parking arrangements. See the appropriate campus administrator for additional details.

607.24

���ϱ��� Weapons Policy 

December 12, 2022

Point of Contact:  Chief George Beaudry
Effective:  January 1, 2023

Background

The Alabama Legislature amended firearm codes and defined possession of firearms on college/university campuses by HB272 (March, 2022).

���ϱ��� Board of Trustees may adopt and/or modify campus firearms policies consistent with current state and federal laws.

Purpose

���ϱ��� seeks to continue maintaining a safe and secure campus where faculty, staff, students, and visitors freely pursue academic, social, and work -related activities.

The provisions of this policy apply to all associated with ���ϱ��� as well as contractors, visitors, and guests.

Policy

No person shall keep, use, possess, display, or carry any firearm, rifle, shotgun, short-barreled rifle, short-barreled shotgun, handgun, or any dangerous or potentially dangerous items as defined in the weapons policy in the ���ϱ��� faculty Handbook, or ���ϱ��� Staff Handbook, or ���ϱ��� Student Handbook, on any property owned, controlled, or leased by ���ϱ��� and its component units, unless allowed by law or approved by ���ϱ���. 

The following exceptions apply:

Exceptions

Exclusions may be granted by the permission of the Chancellor or his designee for job-related, educational, and demonstrational purposes. 

Unless otherwise prohibited from possession of a firearm by state or federal law, a person may possess a firearm and ammunition for that firearm in their individual privately-owned motor vehicle while parked or operated on the grounds of ���ϱ���; provided the person satisfies the following conditions:

Pistols – Pistols must be kept out of sight and secured within the vehicle. Secured means within a locked compartment, lock box or similar container. 

Firearms and bows for hunting - Other than a pistol, if the firearm is a legal firearm or bow used for hunting in Alabama, the following provisions apply:

• The person must possess a valid Alabama hunting license.
• The firearm or bow is on campus during a season in which hunting is permitted by Alabama law or regulations.
• The firearm is unloaded on campus grounds at all times
• The individual has never been convicted of any crime of violence as defined in Section 13A-11-70, Code of Alabama 1975, nor is subject to a domestic violence order, and defined in Section 13A-6-141, Code for Alabama 1975. Does not apply to bows)
• The person has no documented prior incidents on the grounds of ���ϱ��� involving the threat of physical injury or which resulted in physical injury to another person.
• The firearm or bow must be in the motor vehicle attended by the person, kept from ordinary observation within the person’s motor vehicle.
• The motor vehicle is operated and parked in a valid university location (parking lot).
• Similar to pistol exception above, the firearm or bow must be kept from view and securely locked within a locked container or in a container securely affixed to the motor vehicle.

Enforcement

Students - Students found in violation of this policy will be dismissed from the university immediately and may be expelled from the university.

Faculty and Staff - Employee violations will result in immediate suspension and their cases resolved in accordance with the university personnel handbook.

Visitors, contractors, vendors - Personnel in these categories in violation of this policy will be immediately removed from campus as trespassers and not allowed to return to campus.

Exemptions:

Certified law enforcement officers on campus are exempt from this policy. However, if attending class and not in uniform, weapons must be concealed.

Private security officers who have previously coordinated with university campus police for employment at a university event.

University campus policy may pre-approve authorization to possess firearms in certain cases (e.g. rifles/firearms for use by ROTC units for ceremonies/training, etc.)

607.25

Reporting

Any accident or unusual occurrence on campus must be reported to the Campus Police, or other appropriate campus safety office, as soon as possible. All injuries (employees, students, and visitors), no matter how slight, must be reported to the Human Resources Office. A reporting form may be obtained on-line at .

607.26

Absences from Work

If an employee expects to be absent from work for ANY REASON, the supervisor must be notified in advance. An employee absent from work without permission is considered to be on unauthorized leave without pay -- a condition which is cause for dismissal. Three consecutive working days of absence without notice constitutes a resignation and forfeiture of all accumulated University benefits.

607.27

Keys

Keys are available as required through the supervisor, or appropriate campus office, and must be returned upon termination prior to the receipt of final compensation. In case an employee needs a different key, it will be issued as soon as the old key is surrendered. Keys may not be duplicated or loaned.

607.28

Safety

The Campus Safety and Security Plan is available on each campus in either the Office of Student Affairs, the Office of University Police, the Campus Security Office, the Office of Human Resources, the Library or administration office.

607.29

Employee Use of Educational Resource Centers

University employees and their dependents may use the Library under the latest published rules and regulations and are invited to avail themselves of its resources and services.

607.30

The Family Educational Rights And Privacy Act (FERPA)

���ϱ��� shall not permit access to or the release of education records or personally identifiable information contained therein, other than directory information, without the written consent of the student, to any party other than those defined in the Student Records Policy located in the Undergraduate and Graduate Bulletins. Students shall have access to such information in accordance with the procedures outlined in the Student Records Policy.

607.31

Identification Cards

Identification cards are made available to employees at no charge. These cards are to serve as proof of eligibility for use of certain University facilities and for other identification purposes. Employees leaving the service of the University are required to return identification cards.

607.32

Travel and Reimbursement

It is the policy of the University that reasonable expenses for official travel shall be reimbursed in accordance with the University policy. Travel regulations are available on the University website.607.33 Use of Equipment and Facilities

The equipment and facilities of the University are for educational purposes. The first priority for the use of this equipment and facilities must be the education of students. Other use may be authorized with appropriate approval and fees.

607.34

Technology Use Policy

Use of the University’s various technologies (computers, telephones, etc.) are a privilege available to those who abide by this Technology Use Policy. All users are obligated to use technology resources in a responsible, legal and ethical manner. The University respects each individual’s right to privacy in electronic formats and expects all users to respect the privacy of others. Users must abide by all applicable copyright laws and licensure agreements. The University shall take disciplinary and/or legal action, as appropriate, against individuals who violate this policy. Violators will be temporarily or permanently suspended from technology facilities and will be prosecuted for statutory violations.

Examples of violations include (but are not limited to):

• Unauthorized use of accounts (telephone or computer)
• Interference with another’s electronic mail
• Impersonation of other individuals through electronic means
• Unauthorized access (or attempt to access) alter, browse, view, share or distribute restricted or private databases and electronic information
• Attempts to capture or crack passwords
• Attempts to break encryption protocols
• Altering or destroying passwords
• Interrupting data or programs of the University or others
• Experiments to demonstrate computer vulnerabilities
• Attempts at or theft or destruction of any property or materials owned by the University or another individual
• Use of invasive or infected software, e.g. worms, crackers, viruses, etc.
• Depriving others of the legitimate and authorized use of equipment, manuals, and supplies owned by the University
• The abuse, misuse, or altering for other purposes of any equipment or materials
• The use of excessive quantities of supplies and materials (e.g., paper, ribbons, etc.)
• The use of computer systems and network resources for personal monetary gain
• Sending or receiving obscene, pornographic, harassing, nuisance, abusive, or threatening material
• The use of University facilities for commercial or private political purposes

���ϱ��� expressly and explicitly disclaims any liability and/or responsibility for any violation of this policy. 

607.35

Wireless Communication Device Usage Policy

The University provides wireless communication services for designated personnel in support of mission-related activities. Wireless communications usage should be based upon cost-effective practices that support the University’s mission and comply with government rules and regulations.

607.35.1 Wireless Communication Device Usage

Handheld wireless devices (including cell phones) are an effective resource for the University because they enable communication in areas or situations where use of conventionally wired telephones is not available or is impractical. In general, wireless communication devices may be assigned to employees for whom the nature of their work requires wide mobility and simultaneous access to public and private voice and data networks. 

Departments are responsible for establishing departmental acquisition, monitoring, and payment policies and procedures pertaining to wireless communication service to include the criteria contained within the university-wide policy.Approval Procedures for Wireless Communication Devices.

The issuance of wireless communication devices to employees for University business must be approved by the appropriate senior vice chancellor. The senior vice chancellor must ensure that there is a clearly established business need that cannot be met through other means of communication and that sufficient funds are available in the department budget to cover the cost of wireless devices and service. There are multiple levels of devices available, and senior vice chancellors are to decide as to the level of devices that are to be assigned to individuals.

The following equipment represents levels of sophistication:

• Power Users – Siemens SX66 or better
• Leadership Users – BlackBerry/Treo 650/Cell Phone
• Essential Users – Basic Cell Phone
• Acquisition and Maintenance of Service

Wireless service and equipment must be obtained directly from authorized University wireless service suppliers, utilizing the contracts in place.Requests to secure service contracts from vendors other than those having contracts with the University must be submitted to the Information Technology Office and approved by the Senior Vice Chancellor for Student Services and Administration. 

Departments have the responsibility to maintain all wireless service activation and individual plan descriptions in a central location available for an audit review. 

All costs associated with wireless communication devices are the responsibility of the department ordering the service. These costs include, but are not limited to: equipment acquisition, service initiation, monthly fees, per-minute cost of calls in excess of the calling plan allocation, accessories, maintenance and repair of equipment, insurance costs, and replacement of lost or stolen equipment. 

Departments ordering the wireless service are responsible for coordinating the repair or replacement of the equipment, reviewing individual employee’s wireless bills on a monthly basis, making adjustments to the employee’s wireless plan based on usage to obtain optimal cost savings, payment of invoices on a timely basis to avoid late payment charges. Employees that use the wireless service for personal reasons must pay the designated monthly fee for this service.

Oversight

Use of wireless communications devices is subject to all rules and regulations regarding utilization of University-provided facilities.

The Information Technology Department Telecommunications Office may review individual and/or department usage and suggest plans to assure that the most appropriate rate plan is in use and to screen for possible abuse. The information will then be forwarded to the department head for administrative review and response.

Usage

Use of a University-owned wireless communications device and airtime service is intended for official University business. However, the University recognizes that personal calls are sometimes necessary. If any personal calls are to be made or received on the departmental wireless device, the employee must pay a monthly “personal wireless service fee” of $10/month through payroll deduction.

Security and Conduct

The end user should exercise discretion as to who has access to his/her cell phone number as there could be a charge associated with the telephone use regardless of whether the communication is incoming or outgoing.

University employees have an obligation to use their wireless communications services in a responsible, informed, and safe manner -- conforming to network etiquette, customs, courtesies, safety practices and any applicable laws or regulations. 

Employees using wireless communications devices are responsible for securing them at all times. All losses shall be reported immediately to the designated departmental representative. 

Employees may be held liable for lost, stolen or damaged University leased or owned wireless communications equipment. 

Wireless communications are not secure, and employees should use discretion in relaying confidential information on wireless communication devices.

607.36

Alternate Worksite/Telecommuting Policy and Guidelines

Alternate worksite (telecommuting) agreements should be made on a temporary basis with a written agreement indicating the time frame and necessity for the arrangement. Because employees are needed for on campus support, impromptu meetings, and/or appointments; there is cost of travel and equipment; potential security and safety risks; and because of potential perceived inequities, there is a need to limit these agreements. The maximum time for an alternate worksite agreement is 12 months with a mandatory review of University needs and employee effectiveness at 6 months. This review is to be conducted by the employee’s supervisor and documented in the employees file.  Alternate worksite/telecommuting agreements are not intended to apply to adjunct online instructors.  Alternate worksite/telecommuting arrangements for a period of less than three (3) months require approval at the Sr. Vice Chancellor level with information provided to the Chancellor and all alternate worksite/telecommuting agreements beyond three (3) months require approval by the Chancellor.

Telecommuting can be requested for the following reasons:

• To meet critical business needs of University due to staffing/funding/office space issues
• Employee has a temporary health issue that would prohibit them from being present in a work environment but would not prohibit them from being productive from an alternate worksite
• If this request is made based on an Americans with Disability Act claim (ADA), procedures to request accommodations must be followed to determine if the alternate worksite arrangement is a reasonable accommodation on a temporary basis

Employees eligible for telecommuting must satisfy the following criteria:

• Classified as exempt from overtime provisions as outlined in the FLSA
• Have no recent (last 12 months) or pending disciplinary actions
• Have portable job duties (determined by review of job duties with Human Resources)
• Have suitable worksite at alternate location free of hazard and distraction
• Non-probationary status

Note: Telecommuting is not an alternative for child care as it is difficult to work effectively while trying to care for children. 

Employees currently in an alternate worksite arrangement as part of their employment agreement, will continue with the stipulation of an annual evaluation to ensure University needs are being met and to inform their respective Senior Vice Chancellors.

How to Develop an Alternate Worksite Agreement

Discuss job duties with Human Resources to determine their portability.

Describe in detail the department’s and/or employee’s need for alternate worksite arrangements to include how the arrangement is beneficial to the University.

Indicate the agreed upon time frame.

Indicate where employee will work to include location and office space set-up.

Indicate how the workplace will be maintained as a safe and usable environment free of physical risk and distraction.

Indicate scheduled hours and days when work will be performed.

Outline how solutions to problems will be accomplished such as Communicating with supervisor, coworkers, students, and others.

Distribution of materials both received and submitted.

Response to unexpected events and/or urgencies within the department requiring employees input or presence..

Document a deliberate plan for monitoring the effectiveness of the arrangement on a quarterly basis.

Receive signature approval from Department Head, Sr. Vice Chancellor and Chancellor prior to commencement of arrangement.

Have supervisor and employee sign the agreement.

Forward agreement to Human Resources for inclusion in the employee’s personnel record.

(Effective March 26, 2010)

Approved: Mar 17, 2010
OPR: Finance and Business Affairs

Employees are expected to meet University standards of performance, ethics, and professionalism. The University follows a progressive discipline philosophy which is designed to, whenever possible, give employees who fail to meet standards an opportunity to improve. As part of progressive discipline, areas of concern are clearly explained to employees, clear action steps for improvement are outlined, and a follow-up is scheduled to review progress. Progressive discipline is a constructive way to improve employee performance; however, with each occurrence requiring discipline, the severity of the sanction increases to include suspension and/or termination. The level at which disciplinary action begins is determined by the immediate supervisor, in coordination with Human Resources, based upon the facts related to the conduct in question. The following outlines various steps in the progressive discipline plan. 

For disciplinary actions under Levels I write a "memo to the file" and under Levels II, III, and IV use the on-line form at . This documentation is to be completed by the supervisor and signed by both the supervisor and the employee. If the employee refuses to sign, that should be indicated on the memo and witnessed by another party. After the form is signed, forward a copy to Human Resources for inclusion in the employee's personnel file.

LEVEL I FORMAL DISCUSSION

A formal discussion is used to coach an employee when there is a problem in an employee's job performance or instances of minor misconduct or offenses in the work place. It is the supervisor's responsibility to assure that the employee understands exactly what the performance, conduct, and/or workplace problem is. Further, the supervisor must outline job expectations and what changes are necessary to meet the performance standard. It is important that the employee has an opportunity to participate in a solution to the problem, that the employee is offered guidance or training to help resolve the situation, and that the employee realizes the significance and seriousness of the situation and need for change. 

LEVEL II VERBAL WARNING

The verbal warning level of the disciplinary procedure is generally utilized for misconduct that occurs after the formal discussion. An verbal warning may be issued without a formal discussion should the misconduct warrant such action. A summary of the oral warning should be documented on the disciplinary form and signed.

LEVEL III WRITTEN WARNING

The written warning is generally issued for misconduct that occurs after a verbal warning. A written warning may be given instead of a verbal warning should the misconduct warrant such action. Should a written warning be issued in progression to a previous warning, the prior warning should be referenced.

LEVEL IV SUSPENSION

A suspension (with or without pay) may be imposed should misconduct continue after a written warning has been issued. A suspension may be the first level in the disciplinary procedure should the misconduct warrant such action. A disciplinary suspension is without pay and is imposed to emphasize to the employee the seriousness of the situation and the fact that improvement is required or termination of employment will be coordinated. The employee should be notified of a suspension in writing, using the disciplinary form found on the Human Resources website, with terms of the suspension clearly stated. No annual or sick leave will be earned during any suspension. 

Note: An employee under investigation (such as in a harassment charge investigation) may be suspended with pay pending the completion of the investigation. A suspension during an investigation may be converted to a disciplinary suspension without pay or termination at the conclusion of the investigation if findings dictate that level of disciplinary action.

LEVEL V TERMINATION

While the University may use any of the above levels prior to termination, termination may also be the first level of the disciplinary action should the misconduct warrant such action. Determinations will be based on factors such as severity, frequency, and degree of deviation from expectations. Because of the great variety of situations that may arise, the University may need to make decisions related to employment outside of the progressive disciplinary procedures. When an employee is terminated for cause, the employee shall be removed from the payroll and lose any and all accrued ¬University benefits.
Examples of Infractions and potential action steps

Employees are prohibited from engaging in conduct listed below and may be disciplined up to and including termination. The following list has been established to serve as examples of behavior that could warrant a range of disciplinary sanctions. This list is not exhaustive and is only a guideline of progressive disciplinary action; the violation will dictate the action taken and the circumstances of the offense could require more aggressive discipline than listed below.

Example Infractions

1st Step of Discipline

Loitering or being idle during working hours
Formal Discussion

Failure to report and/or record absence in a timely manner
Formal Discussion

Failure to meet Professional appearance or departmental dress code
Formal Discussion

Failure to meet performance standards on a consistent basis
Verbal Warning

Failure to record work time appropriately such as submitting time late 
(falsification of recorded time will result in termination)
Verbal Warning

Excessive tardiness
Verbal Warning

Neglect of job duties
Written Warning

Posting, removal or defacing of notices, signs, or writing of any form on any bulletin boards or University property without permission
Written Warning

Willful violations of safety rules or University safety practices
Written Warning

Obscene or abusive language
Written Warning

Failure to report on-the-job accident or injury to supervisor
Written Warning

Inappropriate conduct towards other employees, students, visitors
Written Warning

Improper use of University property to include using university property for personal use
Written Warning

Smoking within non-smoking areas
Written Warning

Excessive absenteeism
Written Warning

Sexual/Discriminatory Harassment
Potential suspension during the investigation/sanction determined based on outcome of investigation

Willful violations of purchasing policy or University purchasing practices
Suspension

Threatening, intimidating, or coercing employees, students, or visitors on University property at any time
Suspension or Termination

Misrepresentation of paid/unpaid leave benefits (sick, jury, funeral, FMLA)
Suspension

Sleeping on the job
Suspension

Theft or destruction of University, other employee's, visitor's or student's property
Suspension during investigation/sanction determined based on outcome of investigation

Insubordination or direct refusal to do an assigned job or task
Suspension

Possession of firearms or weapons on University property
Suspension or Termination

Unauthorized release of confidential data
Suspension or Termination

Operating state-owned vehicles, equipment or private vehicles on state business without proper license & insurance, or operating in an unsafe manner
Suspension or Termination

Reporting to work under the influence or in possession of alcohol or drugs
Suspension or Termination

Leaving during work hours without permission
Suspension or Termination

Fighting
Termination

Causing or attempting to cause physical injury to another
Termination

Falsifying time cards
Termination

Falsification of any information to include Employment Application or other necessary data requested during the employment process
Termination

Immoral conduct or indecency during working time
Termination

Deliberate destruction, damage, or careless misuse of University property or property of fellow employees in any manner
Termination

Inability or unwillingness to perform assigned duties in an acceptable manner
Termination

Excessive Garnishment or for those requiring bonding, any situation that prohibits bonding
Termination

Willful violation of rules, regulations, or policies.
Termination

Acts considered by the University as major misconduct, insubordination, gross negligence or disregard of obligation to the University as an employee.
Termination

Acts that violate discrimination or harassment policy and/or law.
Termination

Failure to report to work for three consecutively scheduled workdays without notifying immediate supervisor
Considered job abandonment and resignation of position

608.1

Resignation

All employees are required to notify their supervisors of their resignation as early as possible. The normal notification is a minimum of two weeks prior to the final working day. Notification should be in writing, with a copy to the Human Resources Office. Additional separation paper work may be required from the employee (for details see Section 8.3). Resigning employees will be paid during the next regularly scheduled pay period.

608.2

Dismissal

608.2.1 General

All recommendations regarding dismissal or termination are made at the Senior Vice Chancellor level or above. Dismissals/terminations will be discussed with Human Resources, the immediate supervisor, and the effected employee. The University recognizes that dismissal/termination for any reason is a serious matter. In cases of dismissal of any employee because of lack of funds or reorganization, the employee will be notified at least four weeks in advance if circumstances and advance knowledge permit. Reorganization includes, but is not limited to, the elimination, combination, restructuring or alteration of a service division as well as contracting services to a vendor. These employment decisions may not be appealed.

608.2.2 Procedures for Issuing Notice of Termination

Before a non-probationary, regular full-time employee may be terminated for cause, the immediate supervisor must coordinate with Human Resources. The letter of Notice of Termination is a written notice that cites the reasons for the termination. Prior to the supervisor presenting the Notice of Termination to the employee, Human Resources will review and the appropriate Senior Vice Chancellor must approve the termination. The supervisor must present the notice of termination in person, if at all possible; if not, by certified or registered mail or any other method of delivery where reasonable proof of delivery can be established, at the employee's last known residence. The supervisor shall simultaneously inform the employee of the right to an appeal as outlined below in Section 8.2.3.

608.2.3 Appeal of Notice of Termination

A regular, full-time employee may appeal a Notice of Termination. The employee has two working days from the date of receipt of the notice of termination to request an appeals. Delivery Receipt of Notice for certified mail is reasonable proof that delivery has been accomplished. The request should be submitted in writing, to the Chair of the Personnel Advisory Committee either by email or written notice.  If the employee requests an appeal, the Chair of the Personnel Advisory Committee will schedule an appeals hearing within a reasonable time frame based on the need to coordinate schedules and obtain pertinent information. If an appeal is requested, the appellant will be eligible for health benefits through COBRA. If reinstated, sick leave and annual leave do not accrue during the elapsed time for the appeals process. 

Termination Appeal’s Hearing Coordination between the Chair of the Personnel Advisory Committee and the appellant will occur to determine location and venue for the hearing; if requested, attending the hearing via video conference may be available. If a terminated employee must travel for attendance at the appeal hearing, expenses will not be paid by ���ϱ���. Failure of the appellant to appear shall not prejudice the case nor prevent the committee from hearing the case and rendering a decision.  If the proceedings concern a group appeal, no more than three (3) members of the group may be present at the hearing.

A committee of impartial employees with no direct relationship to or involvement in the situation will be appointed by the Chair of the Personnel Advisory Committee, hereafter referred to as the Appeals Committee.  The hearing is an internal and informal, process; however, the appellant may bring a representative or attorney to the hearing for advisement purposes only.  This person will act solely in an advisory capacity to the employee and will not be permitted to take a direct role in the proceedings. The University reserves the right to have its attorney(s) present.

The appeals committee will accumulate and study the statements of fact in the case. The employee(s) and the supervisor will be notified, in writing, or any other method of delivery where reasonable proof of delivery can be established at least three (3) working days prior to the hearing of the location, date and time. Pertinent materials will be available to the appeals committee and the appellant at the scheduled hearing. The appeals committee may discuss the appeal with the employee's supervisors or other University employees as needed to make a determination.  The appeals committee may ask any university employee to produce evidence related to the termination and question any witnesses that may have relevant information to the termination. The university and the appellant will be allowed to question all witnesses appearing at the hearing. Each party will be allowed to present or refute any evidence heard by the appeals committee. The appeals committee may grant adjournments of reasonable length to enable either party to investigate evidence. University employees, administration and the appellant will cooperate with the appeals committee in obtaining witnesses’ statements, attendance at hearings, and making evidence available as needed. 

A reasonable time shall be set aside to conduct the hearing in order to provide ample time for presentation of all materials by both parties.  A general outline of the order of procedure will be provided by the Chair of the Personnel Advisory Committee.  A record (tape recorded or otherwise) of the hearing may be made by a representative from Human Resources, if deemed necessary.  The committee reserves the right to call additional witnesses if the situation warrants this action. The parties interested will be notified as to the time and place of the meeting.

The Appeals Committee, findings of fact and recommendation to uphold, abate, or reverse the termination will be submitted in a written report to the Office of the Chancellor. The Office of the Chancellor will provide a final determination of each appeal reaching that level.

The Chancellor may request further investigation or information from the appeals committee prior to approval. The appeals committee, upon gathering and review of new information, will reconsider findings as necessary. If reconsideration dictates, the committee may require a new hearing and subsequent steps of recommendation and Chancellor’s approval.

Terminations may be overturned if based on discriminatory or harassing practices or if the termination is found to be without merit. 

If the appeals committee recommends a reversal or abatement of the termination, a petition for back wages and reinstatement of leave that would have accrued may be submitted to Human Resources. The determination of allowable back wages will be determined by the Senior Director of Human Resources and the appropriate Senior Vice Chancellor. 
NOTE: Copies of the decision will be provided to the appellant and all parties involved. When warranted by unusual circumstances (illness, extended absence, etc.), the Chair of the Personnel Advisory Committee may extend or modify time limits in this procedure and may waive the limits of appellants allowed to be present set by the procedure.

608.2.4 Immediate Dismissal

While the University may use progressive discipline, termination may also be the first level of the disciplinary action should the misconduct warrant such action. A determination will be based on factors such as severity, frequency, and degree of deviation from expectations. Please see ePolicy 608 chart for examples of offenses that warrant immediate termination. When an employee is terminated for cause, the employee shall be removed from the payroll and lose any and all accrued ¬University benefits.

608.2.5 Separation Procedures

All terminating employees (except for retirement) are required to complete separation forms, which will be provided by the supervisor or the Office of Human Resources. Upon completion, these forms must be submitted to the Office of Human Resources before the final payroll can be processed.

608.2.6 Service Retirement

Employees should notify the supervisor and the Office of Human Resources at least three months prior to the scheduled retirement date. Retirement policies and procedures are prescribed by the Teachers' Retirement System.

608.2.7 Disability Retirement

Employees should notify the supervisor if a disability retirement is requested. Upon notification, the supervisor should contact the Office of Human Resources to initiate retirement administration. Disability retirement is administered in accordance with the policies of the University’s disability insurance carrier, the Teachers' Retirement System, and/or Social Security Administration. The University reserves the right to require documentation from a physician in validating claims of disability.

Review: Mar 2013

609.1

General Information

Open communication between employees and supervisors is encouraged. The grievance procedure is an internal mechanism designed to provide means for the prompt, and impartial consideration of concerns by ���ϱ��� staff who allege a misapplication of policy, procedure or practice. The Grievance procedure applies to regular full-time and regular part-time staff that have successfully completed their initial probationary period. These procedures do not apply to appeals regarding employment decisions, work assignments, promotions, pay raises, employee performance evaluations, disciplinary action or other non-arbitrary decisions made during legitimate management decisions, including elimination of an employee's position. Further these procedures do not apply to complaints regarding illegal harassment or discrimination or sanctions associated with violation of ���ϱ��� Harassment and Discrimination Policy. Concerns of this type follow that section of the Staff Handbook. 

All grievances must follow the process and timeline outlined in the steps below. Failure to do so waives the grievant's right to file a grievance.

609.2

Grievance Procedure Steps

Employees should notify supervisor within three working days of an incident and supervisors should make every reasonable effort to verbally resolve concerns at the management level. Human Resources is available to provide assistance as needed.
 
If the grievance is not resolved verbally at the management level, the grievant may file a written grievance outlining the specific complaint/concerns with the supervisor within three (3) working days after oral discussions have been completed. The supervisor must respond in writing to the grievance within ten (10) working days after receipt of the written grievance. The supervisor's written decision will be sent to the grievant, and to the Senior Director of Human Resources.

If the grievance is not satisfactorily resolved by the immediate supervisor, the employee may file a written complaint with the next level of management. This written appeal process must be repeated at progressive levels of management as outlined below until the grievance is resolved or until it reaches Human Resources where it will be resolved or dismissed as without merit. In cases where hand delivery of correspondence is not practical, certified mail should be used. Copies of all correspondence from the grievant and all levels of management should be sent to the Senior Human Resources Director.
Grievance Procedure Timeline

The following table outlines the order of and time lines for the steps of the grievance procedure. It is in everyone’s best interest to reach resolution in a timely manner; therefore, every effort will be made to stay within the timelines listed below. Given the need to gather facts, and at the Human Resources level to call a subcommittee of the Personnel Advisory Committee to review the claim, time frames may shift to accommodate schedules as needed; further, the fact that a specified action is delayed does not dictate a breach of process or policy on the University’s part.

Files Complaint With
Grievance Claim - Time Frame
Response Given - Time Frame
Immediate Supervisor 

(verbally)
3 work days
Until determination that resolution cannot be reached verbally
Immediate Supervisor

(in writing)
3 work days
10 work days
Next Level Management

(i.e. Dean or Director)
(in writing) 

3 work days
10 work days
Next Level Management

(i.e. Vice Chancellor or Sr. Vice Chancellor)

(in writing)
3 work days
10 work days
Office of Human Resources

(in writing)
3 work days
As outlined within policy

An employee may withdraw their grievance at any time. Once withdrawn, however, the request may not be reinstituted.

609.3

Final Grievance Step

If after the receipt of a decision from the final administrative level the grievance is not resolved through the progressive levels of management, the grievant must notify the Office of Human Resources in writing. Then the issue will be reviewed by a subcommittee of the Personnel Advisory Committee.  The Senior Director of Human Resources and a sub-committee of the Personnel Advisory Committee will determine if the employee’s complaint is a grievable incident and if a hearing is appropriate. If the decision is made to not hold a grievance hearing, that decision is final. Should a hearing be held, a committee of impartial employees with no direct relationship to the situation involved will be appointed by the Chair of the Personnel Advisory Committee hereafter referred to as the Grievance Committee, to resolve the issue. The Department of Human Resources will gather information relevant to the grievance to include all previous correspondence related to the grievance, rebuttal and/or supporting information from other employees. The Grievance Committee will review the facts in the case and convene for a hearing.  The employee(s), supervisor, and if necessary the person(s) against whom the grievance has been filed will be notified, in writing, at least three (3) working days prior to the hearing, of the location, date and time.  Human Resources representatives and the Grievance Committee may request the presence of the employee's supervisors or other University employees as needed to collect facts.  The Grievance Committee may ask the parties to produce evidence on specific issues, may question witnesses, and may call and question its own witnesses. Employees serving as witnesses that provide any deliberate falsehoods are subject to disciplinary action. The Grievance Committee may grant adjournments of reasonable length to enable either party to investigate evidence. Both of the parties, and the University, will cooperate with the Grievance Committee in obtaining witnesses and making available documents and other evidence needed by the parties or the Grievance Committee.

The grievance hearing is an internal and informal procedure, but the grievant may bring a representative to the hearing for advisement purposes only. If this person is an attorney, he/she will act solely in an advisory capacity to the employee and will not be permitted to take a direct role in the proceedings. The University reserves the right to have its attorney(s) present. Also, if he/she wishes, the employee may present witnesses.  Failure of either party to appear shall not prejudice the case nor prevent the committee from hearing the case and rendering a decision. If the proceedings concern a group grievance, no more than three (3) members of the group may be present at the review. 

The hearing will be scheduled with reasonable time set aside for presentation of all materials.  A general outline of the order of procedure should be provided by the Chair of the Personnel Advisory Committee. A record (tape recorded or otherwise) of the hearing may be made by Human Resources representatives, if deemed necessary.

The Grievance Committee will submit a written report and recommendations, which are advisory only, to the Senior Director of Human Resources within ten (10) business days of conclusion of the hearing process.  After review, recommendation from the Grievance Committee and the Senior Director of Human Resources will be forwarded to the Chancellor for final determination.

The final determination will be submitted, in writing, to all parties involved by the Office of the Chancellor.
NOTE: When warranted by unusual circumstances (illness, extended absence, etc.) the Chair of the Personnel Advisory Council may extend or modify time limits in this procedure and the committee may waive the limits set by the procedure as it pertains to the number of witnesses in unusual circumstances.

 

610.1

General

This policy applies to staff employees performing consulting work either during or outside normal working hours. Consulting work normally falls under one of the following categories, depending on the party who initiates or sponsors the activity.

610.2

Types of Consulting Activities

610.2.1 Sponsored Seminars During Normal Work Hours

The staff members who participate are considered to be performing a part of their regular duties and no additional pay or time off will be given. Travel reimbursement is appropriate if the activity is held off-campus.

610.2.2 Sponsored Activities that require Work Beyond Normal Working Hours

Individuals who are required to work overtime as part of their regular job will be entitled to compensation as defined elsewhere in this handbook.

Individuals who are asked to participate in seminars, teach credit, or non-credit courses or other activities within their areas of expertise but defined as part of their regular job will be paid in a manner mutually agreeable between the University and the individual employee.

610.2.3 Individual Consulting During Off-Duty Hours

Consulting is not monitored except in cases in which a violation of the general statement of policy arises (i.e., brings discredit to the University or interferes with normal job performance). University resources must not be utilized for such consulting activities for which the employee is compensated by the contractor of the services.

610.2.4 Individual Consulting During Normal Working Hours on a Project Arranged by the Individual

Time away from the job must be scheduled and approved in advance by the supervisor and the absence must be charged to annual leave or leave without pay. University resources must not be utilized for such consulting activities for which the employee is compensated by the contractor of the services.

610.2.5 Supplemental Part-Time Employment not Associated with Regular Work

Participation will be on a voluntary basis with additional compensation being negotiated between the participant and the employing department. Time away from the job must be scheduled and approved in advance by the supervisor and the absence must be charged to annual leave or leave without pay.

611

Animal Control and Service/Assistance Animal Policy 

Effective Date: 4/18/2023
Review Date:  4/18/2028

Purpose

The purpose of this policy is to set forth general animal control guidelines and owner responsibilities for animals on campus and to ensure compliance with all applicable laws so that individuals with disabilities (students, faculty, staff and visitors) on ���ϱ��� campus (the “University” or “TROY”) who require the use of Service or Support Animals (collectively referred to as “Assistance Animals”) as a reasonable accommodation receive the benefit of the work or tasks performed by such animals or the therapeutic support they provide.  In addition, this policy is written to safeguard the health and well-being of the student body, faculty and staff by preventing stray, feral or unaccompanied animals from taking up residence on the campus.

Policy

Animal Control and General Requirements for Animals on ���ϱ��� Campus

All individuals are generally prohibited from bringing animals, including pets, into any buildings or other controlled spaces on the TROY campus, except as otherwise set forth herein or in other applicable TROY policies. For purposes of this policy, “Controlled Spaces” are defined as any indoor areas owned or controlled by TROY, any outdoor area owned or controlled by TROY that has limitations on use or access (including, but not limited to, athletic facilities, including practice fields, tennis courts, stadium, etc.), University transit vehicles, and any other area not generally open to the public. Areas open to the public (such as streets, sidewalks, parking lots, etc.) with no limitations on access are not controlled spaces for purposes of this policy. 

The following requirements apply to all animals on the TROY campus, subject to the provisions regarding accommodations for individuals with disabilities set forth herein: 

1. Animals shall not be brought onto TROY grounds unless they are fully vaccinated and current on said vaccinations, they are under the complete control of the owner, and they present no hazard to people.
2. In the event of any incident involving physical injury to a person by an animal, the owner shall make an immediate report to the TROY University Police Department so that the incident can be properly investigated and documented. TROY and the owner shall also fully comply with any state or local law or regulation requiring additional reports to other governmental agencies that may be required due to any physical injury caused by an animal.
3. The owner of any animal brought onto the TROY campus must clean up after the animal at all times.
4. Animals are not permitted in any controlled spaces, whether or not leashed, except those animals involved in research or otherwise permitted as set forth herein.
5. Animals may not be tethered on the TROY campus under any circumstances.
6. Animals, including dogs and cats, found running at large or without evidence of current rabies vaccination are subject to confinement in an animal shelter or relocation.
7. All faculty, staff and students are prohibited from feeding or sheltering stray, feral or unaccompanied animals.  Individuals found violating this policy will be subject to punitive action.
8. Complaints concerning animals in controlled spaces or running at large on the TROY campus should be reported to the TROY University Police at 334-670-3215.
9. Reports of dead animals on the TROY campus should be made to the TROY Physical Plant at 334-670-3342.
10. Animal owners are required to follow all City of ���ϱ��� municipal ordinances and State of Alabama laws regarding animal care and responsibilities.

Assistance Animals

It is University policy to ensure that individuals with disabilities who require the use of Service or Support Animals (collectively, "Assistance Animals") as a reasonable accommodation receive the benefit of the work or tasks performed by such animals or the therapeutic support they provide. As such, Service Animals assisting individuals with disabilities are generally permitted in all controlled spaces, including all TROY facilities, TROY-owned, leased, or managed housing, TROY transit vehicles, and TROY campus programs that are open to the public and/or students, except as described below. Support Animals are generally permitted only in TROY-owned, leased, or managed housing (specifically, in the room assigned to the owner of the Support Animal), and only when it is necessary to afford the individual an equal opportunity to use and enjoy TROY-owned, leased, or managed housing, provided the individual meets certain conditions described herein below.

The Use of Service Animals on TROY Campus

Service Animals accompanying individuals with disabilities are welcome in all areas of campus that are open to the public, except as otherwise prohibited in this policy. In these areas, and when it is not readily apparent that a dog is a Service Animal, TROY officials may appropriately ask a person with the animal to answer only the following two questions:

1. Is the animal a certified service animal?
2. What work or tasks is the animal trained to perform?

Students using Service Animals in TROY controlled spaces are required to submit the Service Animal Registration Form providing information about the service animal to the University’s Office of Adaptive Needs, who will include this information in the accommodations letter to faculty and can assist in making recommendations on how to handle inquiries from TROY officials. The Office of Adaptive Needs can be reached at 334-670-3221 or via email at ajhughes@troy.edu. It is particularly helpful for the Office of Adaptive Needs to have a description of the Service Animal (e.g. weight, breed, color, markings) and the Service Animal’s name.

Employees using Service Animals in offices or other areas of campus not open to the public must follow the University’s ADA policy found at this link: . Employee requests for reasonable accommodations, including requests to have a Service Animal at work, are handled through the Human Resources (HR) Americans with Disabilities Act (ADA) Coordinator, who may be reached through the HR Service Center at 334-670-3710 or at jscalhoun@troy.edu
 
Visitors using Service Animals are welcome in areas of the TROY campus that are open to the public, as set forth in this Policy. Specific questions related to the use of Service Dogs on the TROY campus by visitors can be directed to the ADA Coordinator (contact information provided above) or to the TROY University Police Department when offices are not open.

Information Regarding the Use of Assistance Animals in TROY-Owned, Leased, or Managed Housing

Pets, other than fish, are generally prohibited in TROY-owned, leased, or managed housing. Service Animal and approved Support Animals are not considered pets, and are permitted to reside in TROY-owned, leased, or managed housing.

A student with a disability residing with a Service Dog in TROY-owned, leased, or managed housing must meet with the Housing and Residence Life Office to complete the Assistance Animal Agreement prior to moving the Service Animal into TROY-owned, leased, or managed housing. Proof of current rabies vaccination must also be submitted before a Service Animal may reside in TROY-owned, leased, or managed housing. It is preferable for this meeting to take place at least 30 days prior to move in.

For further information on the use of Service Animal in TROY-owned, leased, or managed housing, students may contact the Housing and Residence Life Office at (334) 670-3346) or email the Housing and Residence Life Office at housing@troy.edu.

If a student with a disability needs to reside in TROY-owned, leased, or managed housing with a Support Animal in order to afford the student an equal opportunity to use and enjoy said housing, the student must request a modification to TROY’s No-Pet Policy. Specifically, before a Support Animal can reside in TROY-owned, leased, or managed housing, the student must submit (1) the Support Animal Accommodation Request Form (completed by the student), and (2) the Support Animal Accommodation Request Supporting Medical Documentation Form that must be completed by the student’s physician, psychiatrist, or other mental health professional. This documentation should be submitted to Housing and Residence Life Office with ample time for the Office to review and make a decision about the request, which is generally at least 30 days prior to the date on which the student wishes to move the Support Animal into the student's assigned TROY-owned, leased, or managed housing unit. The request will be reviewed to determine whether such request (1) constitutes a reasonable accommodation for a student with a documented disability; (2) the Support Animal is necessary to afford the student with a disability an equal opportunity to use and enjoy TROY-owned, leased, or managed housing; and (3) there is an identifiable relationship or nexus between the student’s disability and the assistance the Support Animal provides (i.e., that the animal provides support that alleviates at least one of the identified symptoms or effects of the disability). A request will not, however, be granted if the Support Animal poses a direct threat to the health and safety of others; would cause substantial physical damage to the property of others; would pose an undue financial and/or administrative burden on the University; or would fundamentally alter the nature of TROY housing operations.

If the Housing and Residence Life Office approves the Support Animal, the student must meet with the Housing Office, to complete the Assistance Animal Agreement prior to moving the Support Animal into the student's TROY-owned, leased, or managed housing unit. Proof of current rabies vaccination and a recent picture of the Support Animal must also be submitted before the student may move the Support Animal into TROY-owned, leased, or managed housing. Support Animals are limited to the resident’s rooms in the TROY-owned, leased, or managed housing units assigned to the students with whom the support animals are approved to reside.

A student dissatisfied with a decision concerning an Assistance Animal Application as a reasonable accommodation in TROY-owned, leased, or managed housing may seek further review from the Dean of Student Services at (334) 670-3203.

Students who misrepresent an animal as a Support Animal or Service Dog in Training, or who fail to register an Assistance Animal as required, will be referred to the Student Service Office for possible disciplinary action.

When an Assistance Animal May Be Asked to Leave or Be Prohibited in a TROY Facility or Program

In certain situations, discussed below, an Assistance Animal may not be permitted or TROY may ask that the Assistance Animal be removed from a TROY facility or program. In such instances, TROY will give an individual the opportunity to participate in the service, program, or activity without having the Assistance Animal on the premises.

• Assistance Animals must not engage in unacceptable or disorderly behavior that is disruptive to other participants within the program or facility. If an Assistance Animal does engage in unacceptable behavior, the owner is expected to use proper training techniques to correct the behavior. TROY may ask the owner to remove an Assistance Animal from the premises if the animal is out of control and/or disruptive and the owner does not take effective action to control it. TROY may bar the Assistance Animal from the facility until significant steps (such as additional training for the Assistance Animal and owner) are taken to mitigate the behavior.
• TROY may ask the owner to remove an Assistance Animal from the premises if the Assistance Animal is not housebroken or, in the case of a Support Animal that uses a designated cage or litter box, the owner fails to clean the cage or box such that the cleanliness of the TROY-owned, leased, or managed housing unit is not maintained.
• Service Animals may be excluded in areas where the presence of the animal fundamentally alters the nature of a program or activity or presents a safety hazard. Examples may include, but are not limited to, research labs, areas requiring protective clothing, food preparation areas, labs, and areas with sharp objects on the floor or protruding from a surface, extremely hot or cold material on the floor, or a high level of dust. Service Animals are not permitted in any lab area requiring personal protective equipment, unless a documented need is reviewed and approved by the Adaptive Needs Office, Environmental Health and Safety (EHS). Support Animals are generally permitted only in TROY-owned, leased, or managed housing, and may be excluded where the presence of the Support Animal fundamentally alters the nature of the program or activity or presents a safety hazard.

Requirements for Assistance Animals

Any violation of the following requirements may result in the exclusion of an Assistance Animal from TROY campus: 

• Compliance with City Ordinances/Laws. All individuals must abide by current city ordinances/laws pertaining to licensing and vaccination requirements for animals. It is the responsibility of the owner and/or custodian of the Assistance Animal to know about and comply with these ordinances and/or laws, some of which are noted below.
• Vaccination.  An Assistance Animal must be vaccinated on an annual basis in accordance with standard veterinary practice and in accordance with state and city regulations. For young animals or others that have not been previously vaccinated, the initial rabies vaccine must be administered no less than 28 days prior to the date of the Assistance Animal’s occupancy in TROY-owned, leased, or managed housing. Written proof of vaccination is required, including proof that an entire series of rabies shots have been administered to the Assistance Animal. Current rabies vaccination tags must be attached to a collar or harness worn by an Assistance Animal.
• Animal Health.  Assistance Animals to be housed in TROY-owned, leased, or managed housing must have an annual clean bill of health from a licensed veterinarian. This will include current vaccinations (as required by state, county and city laws), and a physical exam/assessment to document the Assistance Animal’s fitness to continue its role as a Service or Support Animal.
• License or Documentation. A Service Animal is not required to be licensed or certified as a Service Animal. Licensing or certification as a Support Animal is neither sufficient nor necessary to establish that an animal is a Support Animal.
• Control. An Assistance Animal shall be under the full control of its owner at all times. An Assistance Animal shall wear a harness or collar and shall also wear a leash when outside of the student’s assigned TROY-owned, leased, or managed housing unit. If the owner is unable, because of a disability, to use a harness or leash for a Service Animal, or if the use of a harness or leash would interfere with the Service Animal's safe, effective performance of work or tasks, the Service Animal nevertheless must be under the full control of the owner by other effective means (e.g., voice commands, signals, etc.). The care and supervision of the Assistance Animal is the responsibility of the owner.
• Hygiene and Cleanliness.  Assistance Animals must be clean. Daily grooming and occasional baths should be utilized to keep an Assistance Animal's odor to a minimum. Adequate flea prevention and control must be maintained. If an Assistance Animal’s odor is offensive to other individuals, the owner or custodian of the animal will be directed to remove the Assistance Animal and ensure that it is thoroughly bathed before the Assistance Animal is returned to the facility. Repeated occurrences may result in the Assistance Animal being temporarily barred from the facility until steps are taken to comply with the rules regarding cleanliness.
• Cleanup Rule. Animal waste must be disposed of by the owner or custodian of an Assistance Animal, and cleanup must occur immediately. Animal feces, defined as cat litter box content and any solid animal waste, must be disposed of properly. It should be placed in a plastic bag and should be disposed of in an outdoor receptacle, either in a dumpster or an outdoor trash can. If the owner is unable to clean up after the Assistance Animal due to disability, it is the owner’s responsibility to make satisfactory arrangements for a third party to perform proper cleanup.
• Expense and Care. The care, arrangements and responsibilities for an Assistance Animal, and the costs associated with the same, are the sole responsibility of the owner at all times.
• Assistance Animal Agreement. Students residing with an Assistance Animal in TROY-owned, leased, or managed housing must abide by the terms and conditions of the Assistance Animal Agreement.
• Damages. Owners of Assistance Animals are financially responsible for the actions of Assistance Animals, including bodily injury, property damage, cleaning and/or replacement of furniture, carpet, blinds, and any and all other damages which may arise.

Service Animals in Training

State and federal law allows for individuals, both with or without disabilities, to train service dogs. In 2019, the Alabama State Legislature amended the 1975 Code of Alabama, Sections 21-7-1 to 21-7-9, inclusive, thus clarifying the rights and responsibilities of individuals with disabilities who use Service Animals in public accommodations or in housing accommodations, and for those training Service Animals. The legislation provides criminal penalties for those who misrepresent their need for Service Animals, as well as for those who falsely represent that they are Service Dog trainers. TROY understands the need for properly trained Service Dogs and allows trainers and Service Dogs in Training, provided all applicable policies and procedures are followed.

• A Service Dog that is in training must wear a harness, collar, leash, cape, or backpack that identifies the Service Dog is in training. The written identification on the harness, collar, leash, cape or backpack must be visible and legible from a distance of at least 20 feet.
• To determine if a dog is a Service Animal in training or a pet, TROY faculty and staff may ask any of the following:
  • Is the trainer an owner-trainer with need of a service animal or a qualified trainer with at least one year of experience training animals?
  • Agencies involved in the rehabilitation of individuals with disabilities generally recognize certain schools and/or organizations as reputable and competent to provide Service Animal training. Can the trainer provide photo identification stating that they are an employee, volunteer, agent, or graduate of such a school and/or organization and verification that they are actually involved in the training process?
  • What task(s) is the animal being trained to perform, and is the trainer currently engaged in the training of the animal?
• Trainers are expected to ensure that Service Dogs in Training have been fully vaccinated and have also been given a clean bill of health by a licensed veterinarian.
• Trainers who plan on living in TROY-owned, leased, or managed housing with their Service Dogs in Training must complete and submit required paperwork to the Housing and Residence Life Office, at least thirty (30) days prior to moving the Service Dog in Training into their TROY-owned, leased, or managed housing unit. To obtain the required paperwork, contact the Housing and Residence Life Office at (334-670-3346) or via email at housing@troy.edu.  

Definitions

• Controlled spaces, for purposes of this policy, are defined as any indoor areas owned or controlled by TROY, any outdoor area owned or controlled by TROY that has limitations on use or access (including, but not limited to, practice fields, tennis courts, stadium, etc.), University transit vehicles, and any other area not generally open to the public. Areas open to the public (such as streets, lawns, sidewalks, parking lots, etc.) with no limitations on access are not controlled spaces for the purposes of this policy.
• Service animal is defined by the Americans with Disabilities Act (ADA) as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not Service Animals for the purposes of this Policy.  Support Animals, sometimes referred to as Emotional Support Animals (ESAs), Therapy Animals and/or Companion Animals, are not Service Animals under the ADA. Although not a “service animal,” the use of a miniature horse by an individual with a disability is permitted under the ADA in limited circumstances.
• Support animal, sometimes referred to as an Emotional Support Animal, Therapy Animal, and/or Companion Animal, is defined as an animal that is necessary to afford the student with a disability an equal opportunity to use and enjoy TROY-owned, leased, or managed housing, and provides emotional or other support that ameliorates one or more identified symptoms or effects of a person’s disability.  Unlike Service Dogs, there is no requirement for Support Animals to be trained to perform work or tasks.
• Work or tasks performed. Work or tasks performed by a Service Animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to:
  • Assisting individuals who are blind or who have low vision with navigation and other tasks;
  • Alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
  • Pulling a wheelchair;
  • Assisting an individual during a seizure;
  • Alerting individuals to the presence of allergens;
  • Retrieving items such as medicine or the telephone;
  • Providing physical support and assistance with balance and stability to individuals with mobility disabilities; and
  • Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

Scope

This policy applies to all faculty, staff, students, and visitors to ���ϱ���.