Human Resources- Handbooks

Hamline University Staff Guidebook

Approved by the Hamline University Board of Trustees: May 9, 2000

These online versions of Hamline University handbooks and other guides are provided for informational purposes only, and do not create nor are intended to create an express or implied contract, covenant, promise or representation between Hamline and any employee. These online hanbooks and guides are subject to change at any time by the Trustees of the Hamline University of Minnesota. Current official versions of these handbooks and guides are maintained in the Office of the Provost.

Table of Contents

SECTION A: WELCOME TO HAMLINE UNIVERSITY!

A.1 HISTORY
A.2 MISSION, CORE VALUES, AND VISION
A.3 PURPOSE OF STAFF GUIDEBOOK

SECTION B: EMPLOYMENT POLICIES AND PRACTICES

B.1 EQUAL EMPLOYMENT OPPORTUNITY
B.2 CULTURAL DIVERSITY
B.3 QUALIFIED INDIVIDUALS WITH DISABILITIES
B.4 HIRING
B.5 EMPLOYMENT OF RELATIVES
B.6 CLIENT/COWORKER RELATIONS
B.7 BUSINESS ETHICS AND CONDUCT
B.8 CONFIDENTIALITY
B.9 CONFLICTS OF INTEREST
B.10 OUTSIDE EMPLOYMENT
B.11 REQUESTS FOR INFORMATION/REFERENCES
B.12 PERSONNEL RECORDS
B.13 EMPLOYMENT ORIENTATION
B.14 ORIENTATION PERIOD
B.15 TRAINING AND DEVELOPMENT
B.16 PROMOTION AND TRANSFER
B.17 PERSONAL APPEARANCE
B.18 COMMUNICATIONS
B.19 CONFLICT RESOLUTION
B.20 PERFORMANCE EVALUATION
B.21 COMPENSATION
B.22 ATTENDANCE AND TARDINESS
B.23 SEPARATION OF EMPLOYMENT
B.24 EXIT INTERVIEW

SECTION C: WAGE AND HOUR ADMINISTRATION

C.1 EMPLOYMENT CLASSIFICATIONS
C.2 HOURS OF WORK
C.3 JOB DUTIES
C.4 BREAK PERIODS
C.5 OVERTIME
C.6 TIME REPORTING
C.7 PAY PERIODS/PAYROLL DEDUCTIONS
C.8 DIRECT DEPOSIT
C.9 DEFERRED COMPENSATION

SECTION D: EMPLOYEE BENEFITS

D.1 HOLIDAYS
D.2 VACATION
D.3 SUMMER FLEXIBLE WORK SCHEDULE
D.4 SEMINARS AND EDUCATIONAL OPPORTUNITIES

SECTION E: WORKPLACE CONDUCT

E.1 DISCRIMINATION AND HARASSMENT POLICY
E.2 SEXUAL VIOLENCE POLICY
E.3 SMOKING POLICY
E.4 DRUG AND ALCOHOL POLICY
E.5 CONSENTING RELATIONSHIPS
E.6 DISCIPLINARY GUIDELINES
E.7 STATEMENT ON CIVIL DISCOURSE
E.8 TECHNOLOGY USE POLICY
E.9 COPYRIGHT LAW COMPLIANCE
E.10 WORKPLACE VIOLENCE POLICY

SECTION F: LEAVES OF ABSENCES

F.1 GENERAL OVERVIEW
F.2 SICK LEAVE
F.3 REPORTING VACATION AND SICK LEAVE
F.4 FAMILY AND MEDICAL LEAVE
F.5 PARENTAL LEAVE
F.6 SICK-CHILD CARE LEAVE
F.7 SCHOOL CONFERENCE AND ACTIVITIES LEAVE
F.8 BONE MARROW DONATION LEAVE
F.9 FUNERAL LEAVE
F.10 JURY DUTY OR WITNESS DUTY
F.11 MILITARY LEAVE
F.12 GOVERNMENT SERVICE LEAVE
F.13 VOTING LEAVE
F.14 UNPAID PERSONAL LEAVE

SECTION G: SAFETY

G.1 GUN AND WEAPON PROHIBITION
G.2 AIDS STATEMENT/BLOODBORNE PATHOGENS
G.3 BACKGROUND CHECKS
G.4 ESCORT SERVICE/SECURITY
G.5 EVACUATIONS/INCLEMENT WEATHER/UNIV.CLOSINGS
G.6 ACCIDENTS/INJURIES/MEDICAL EMERGENCY
G.7 KEYS
G.8 PERSONAL PROPERTY

SECTION H: CAMPUS SERVICES

H.1 COMPUTING FACILITIES
H.2 E-MAIL AND ON-LINE CAMPUS INFORMATION
H.3 TELEPHONE SERVICES
H.4 CAMPUS PUBLICATIONS
H.5 HAMLINE COMMITTEES
H.6 UNIVERSITY PROMOTED FUNDRAISERS OR SOLICITATIONS
H.7 GRANTS ADMINISTRATION
H.8 CHAPEL AND CAMPUS MINISTRY
H.9 EMPLOYEE ASSISTANCE SERVICES
H.10 UNIVERSITY OMBUDS PROGRAM
H.11 RECREATION FACILITIES
H.12 STUDENT CENTER
H.13 BOOKSTORE
H.14 CASH MACHINE/CHECK CASHING
H.15 COPY CENTER
H.16 MAIL SERVICES
H.17 PURCHASING OF SUPPLIES AND SERVICES
H.18 DINING SERVICES
H.19 LIBRARIES
H.20 CHILD CARE DISCOUNTS
H.21 DISCOUNT TICKETS FOR EVENTS
H.22 ACTC TRAINING SEMINARS
H.23 ACKNOWLEDGMENT OF PERSONAL EVENTS

SECTION I: MISCELLANEOUS

I.1 ENVIRONMENTAL CONSERVATION
I.2 ANIMALS ON CAMPUS
I.3 CHILDREN ON CAMPUS
I.4 IDENTIFICATION CARDS
I.5 AUTOMOBILE USE POLICY
I.6 BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT
I.7 PARKING AND VEHICLE REGISTRATION
I.8 RELOCATION REIMBURSEMENT
I.9 BULLETIN BOARDS

CAMPUS MAP

STAFF GUIDEBOOK ACKNOWLEDGMENT FORM

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SECTION A: WELCOME TO HAMLINE UNIVERSITY!

We are pleased to have you join us at Hamline University. Hamline University is dedicated to providing quality education for its students and a pleasant and productive work environment for employees. Our community is a diverse group of people working together, valuing the attributes that such diversity brings to the group, in a combined effort to attain mutual goals that would be difficult to accomplish by separate efforts.

Our dedication and contributions are instrumental to the reputation and success of Hamline University. This dedication has enhanced the fine reputation of the University, and has contributed to its success. In order to continue this tradition of excellence, it is important that all of us work cooperatively with our colleagues throughout the University.

We hope that you will find your employment here rewarding.

A.l HISTORY
Each year, Hamline University begins its academic year at the matriculation ceremony and closes the year at its commencement ceremony with the following words from John Wesley, the founder of Methodism: "Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can." These words symbolize the values Hamline has encouraged in its students, faculty and staff for nearly 150 years.
Hamline University, Minnesota's first university, was founded in 1854 in Red Wing, Minnesota, when Minnesota was still a territory. The University's founders wanted to provide a values-centered, broad-based, liberal arts education in an atmosphere of equality and intellectual freedom to men and women. In 1880, the University relocated to Saint Paul and today it is a nationally ranked, high quality liberal arts university with over 3,000 students in the College of Liberal Arts, School of Law, Graduate School of Education, Graduate School of Public Administration and Management, and Graduate Liberal Studies programs. Each year thousands of individuals attend courses, institutes, workshops, and seminars. Hamline University is affiliated with the United Methodist Church and has an annual operating budget of nearly $50 million.
A HISTORY OF FIRSTS
Always a pioneer in education, the University granted the state's first bachelors' degrees in 1859 to sisters Elizabeth and Emily Sorin; awarded the state's first master's degrees in 1863; and established the state's first law school and medical school. In 1895, Hamline hosted the nation's first intercollegiate basketball game. The College of Liberal Arts was the first college in the country to establish a computer literacy requirement.
A.2 MISSION, CORE VALUES, AND VISION
During 1999, the entire University engaged in a process to refine our mission statement and to establish an aspirational vision statement to guide us as we enter the 21st century. All University strategic planning and key decisions including processes and procedures outlined in the handbook will be carried out within the context of the mission, core values, and vision of Hamline University.
A.2.1 University Mission
To create a diverse and collaborative community of learners dedicated to the development of students' knowledge, values and skills for successful lives of leadership, scholarship and service.
A.2.2 Core Values
Hamline University recognizes its pioneering spirit and roots in the inclusive traditions and values of the United Methodist Church. The following emerge as our main core values:

High quality, rigorous academics
Commitment to making the world a better place
Focus on ethics and civility
A.2.3 University Vision
Hamline University - the nation's leading New American University.
Integration. Innovation. Transformation.
A.2.4 Characteristics of the New American University

Students' learning and total experience are our central focus
Faculty scholarship is broadly defined and connected to student learning through (1) The scholarship of discovery which advances knowledge and discipline-specific projects; (2) The scholarship of integration which seeks to connect knowledge across disciplines; (3) The scholarship of application which seeks to study ways theory might be put into practice; (4) The scholarship of teaching/learning which explores ways to more effectively transmit knowledge.
Theory connects to practice, and practice advances theory
The liberal arts connect to the professions and world of work, and professional education informs the liberal arts
The university connects closely to various levels of a diverse community broadly defined) responding to community needs
Connections among disciplines, schools and programs are fostered
Innovation for improving learning and students' experience is prized.
A.3 PURPOSE OF THE STAFF GUIDEBOOK
This guidebook is designed to help employees understand the history and mission of Hamline and to help employees become familiar with the policies and practices of Hamline that most often affect their work. This staff guidebook applies to all staff members who, for the sole purpose of consistency herein, are collectively referred to as "employee(s)". Unless otherwise specifically noted in the guidebook, it also applies to union members covered by a collective bargaining agreement. The effective implementation of this guidebook is important to a productive and efficient workplace.
This guidebook is intended to provide a general overview, and is provided only for informational purposes. Nothing in this guidebook or in any other written or unwritten policies or practices of Hamline creates or is intended to create an express or implied contract, covenant, promise, or representation between Hamline and the employee.
Employment with Hamline is at-will. This means that employment may be terminated with or without cause or with or without notice at any time at the option of either the employee or Hamline. No manager, supervisor, or representative of Hamline other than its President or Provost has the authority to enter into any agreement to the contrary. No such agreement may be made, nor is valid unless in a writing signed by the President or Provost. This guidebook does not modify or limit the employment-at-will relationship. Hamline reserves the sole right to add, change, withdraw or revoke any or all policies or practices at any time for any reason, with or without advance notice. Any such modification will not alter the employment-at-will relationship.
When Hamline makes a decision to deviate from the policies and/or practices stated in this guidebook, this is within the sole discretion of Hamline and shall not be construed to constitute precedent that would affect any future action. Any such deviations shall not alter the employment-at-will relationship. Should any applicable local, state or federal law, or judicial decision render any of the Hamline's policies or practices invalid or inoperative, it shall not invalidate any other of the Hamline's personnel policies or practices. The policies and practices described in this guidebook are designed to be in compliance with applicable law. If any such policy or practice is not in compliance, then it is the policy of Hamline to comply with applicable law.
Where benefits and other specific matters are addressed in any collective bargaining agreement or written employment contract signed by the President or Provost, they are governed by the contract to the extent it applies. In all other situations, this staff guidebook supersedes and replaces any and all previously or contemporaneously stated policies or practices, oral and written representations, or statements of Hamline, including but not limited to those contained in any manuals, handbooks, guidebooks, correspondence, memoranda or oral discussions, which are hereby expressly revoked. Employees should feel free to discuss the contents of this guidebook with their supervisor or with a representative of the Department of Human Resources.

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SECTION B: EMPLOYMENT POLICIES AND PRACTICES

B.1 EQUAL EMPLOYMENT OPPORTUNITY
Hamline University is committed to the principles of equal employment opportunity and affirmative action. It is the University's policy to make employment decisions in a manner that will further these principles and to comply with all applicable laws and regulations.
Therefore, to the extent required by applicable federal, state, or local laws, the University's decisions about recruiting, hiring, training, promotions, compensation, benefits, and all similar employment decisions must be made in compliance with this policy and such laws without regard to race, creed, color, religion, sex, national origin, age, marital status, sexual orientation, disability, status with regard to public assistance, membership or activity in a local commission, or any other protected class status required by applicable local, state, or federal laws.
If an employee or an applicant for employment believes that this policy has been violated, the individual should immediately report the alleged violation to the employee's supervisor, a Cabinet member, the Provost, or the President. Anyone, including supervisors, who receives a report or complaint of a violation should immediately report it to one of these individuals. Reports of violations of this policy will be investigated by the appropriate Hamline representative.
B.2 CULTURAL DIVERSITY
Hamline University commits itself to inviting, supporting, and affirming cultural diversity on the campus. All University programs and practices, academic and co-curricular, shall be designed to create a learning environment in which cultural differences are valued. To ensure the achievement of these policy goals, Hamline University is committed to:

Encouraging all organizations to have as part of their constitution and by-laws, a cultural diversity policy that states explicitly the organization's commitment to fostering cultural diversity on campus;
Encouraging inclusiveness in all organizations while respecting the different needs of organizations composed of groups that have been or currently are denied equal opportunity;
Developing and maintaining academic/co-curricular programs and a university climate that promises a responsible, civil and open exchange of ideas;
Educating all members of the University community about diversity and forms of discrimination, such as racism, sexism, and homophobia;
Maintaining a respectful environment free from all forms of harassment, hostility and violence;
Recruiting and working to retain students, faculty, and staff who are members of historically or otherwise under represented groups; and
Providing the necessary financial and academic support to recruit and retain diverse students, faculty, and staff.
The University's Cultural Diversity Committee shall act as a resource for the implementation of this policy and shall report annually to the President, Provost and the University Council. The President and Provost shall ensure that activities are developed to implement this policy.
B.3 QUALIFIED INDIVIDUALS WITH DISABILITIES
It is Hamline University's policy not to discriminate against individuals with disabilities and to provide reasonable accommodations as required by applicable federal, state, and local laws to otherwise qualified applicants and employees. Hamline is committed to taking actions necessary to provide equal employment opportunity for persons with disabilities in accordance with applicable law.
It is the responsibility of the employee to provide appropriate documentation of a disability to a representative of the Department of Human Resources who will assist in determining the need for reasonable accommodation due to the disability.
B.4 HIRING
The University has established guidelines for advertising, selecting, and hiring applicants for regular and reserve positions. Advertising resources which may be used to attract candidates for available positions include but are not necessarily limited to: GroupWise, Hamline's Web Site, Hamline's Job Line, Minnesota Job Bank, Minneapolis/Saint Paul agencies focusing on cultural diversity, Minneapolis Star Tribune, Saint Paul Pioneer Press, Chronicle of Higher Education, as well as other national journals and periodicals.
B.5 EMPLOYMENT OF RELATIVES
Members of an employee's family may be considered for employment. However, relatives are generally not eligible for employment in any position or assignment where the workplace relationship could result in one relative supervising another or where the employment could pose a security risk or other problems, as determined by management and in accordance with local law. "Relative" means spouse, parent, sibling, child, grandparent, grandchild, in-laws, stepparent or stepchild, aunt, uncle, or any person who lives in the same household as the employee.
B.6 CLIENT/COWORKER RELATIONS
Clients of Hamline are extremely valuable to the University. Clients may include students, parents, co-workers, and/or other members of the public. The University's clients should be provided with the best possible service and treated in an efficient, courteous, and respectful manner at all times.
Open lines of communication with clients and co-workers are important to create productive work relationships and help to eliminate counterproductive conflict. Requests to clients, co-workers, and campus offices should be made in a courteous manner. Individual differences should be respected and any differences of opinion and conflict should be handled in a professional, non-confrontational manner.
B.7 BUSINESS ETHICS AND CONDUCT
Hamline has an excellent reputation for conducting its University activities with integrity and in accordance with the highest ethical standards. The University expects its employees to comply with all applicable federal, state, and local laws and regulations and exercise the highest level of integrity and ethical standards when representing the University in the course and scope of their employment, or in actions and relationships that may affect the University. Employees must not misuse the authority or influence they have in their positions. Success of this policy depends on the full understanding and compliance of individuals at every level.
Conduct with Vendors and Suppliers
Cash, gift certificates, transportation tickets, products, gratuities, kickbacks, free services, loans or loan co-signatures, in any amount, for any personal purpose, must never be solicited or accepted by employees in their relationships with any business associates or from any outside concern which seeks to do business with the University. Gifts of a nominal value (defined as less than $25) may be accepted when they have not been solicited or are not being made in return for a special consideration or decision. Employees may participate in traditional University functions, such as business luncheons and business receptions.
Employees are not permitted to make personal use of cabins, lodges, retreat facilities or equipment such as cars, or aircraft, owned or supplied by business associates. Limited exceptions, such as vendor-sponsored seminars using vendor lodging, must have written approval of the President, Provost, or the Vice President for Finance and Treasurer.
B.8 CONFIDENTIALITY
Confidential information includes, but is not limited to, the following types of information and other information of a similar nature: Student information; employee information; operations manuals; University practices; marketing plans, techniques and materials; development plans; financial information; student or applicant lists; personnel and payroll records; records regarding vendors and suppliers; records and files of the University; and other information concerning the business affairs or operating practices of the University. Requests for information regarding students, faculty, or staff should be referred to the appropriate Hamline representative.
Confidential information must never be released, removed from University premises, copied, transmitted, or in any other way used by employees for any purpose outside the scope of their employment or revealed to non-University persons without the express written consent of the appropriate Hamline representative. Employees are not permitted to use their positions as employees to gain access to confidential information where there is no legitimate business purpose for obtaining such information. Employees are not permitted to discuss confidential information with other University employees unless there is a business reason to do so.
Information stored on the University's computer equipment and disks is confidential and may not be distributed outside the University except in the course of University business or as otherwise authorized by University management. Employees may not remove from the University premises any computer equipment, disks, or related technology, product, or information, unless authorized to do so.
B.9 CONFLICTS OF INTEREST
Hamline has an excellent reputation for conducting its business activities with integrity and in accordance with the highest ethical standards. Hamline expects all employees to uphold that reputation and not engage in any activities which conflict or may conflict with the values, mission, and interest of the University.
A conflict of interest includes:

Giving or receiving a sizable gift from someone outside the University which is in any way connected with employment status at Hamline.
Entertaining or being entertained in connection with University business beyond what is appropriate.
Obtaining personal gain or potential personal gain from information, personal contact, or bribes, kickback, or other inappropriate payments usually not attainable except through employment with Hamline.
Any outside activity which may interfere with the operations of the University or the employee's loyalty to the University.
B.10 OUTSIDE EMPLOYMENT
Hamline realizes that employees may have a job in addition to their employment with the University. Outside employment must not compromise the University's interests or adversely affect job performance. Outside employment is not considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, refusal to work overtime or different hours, or any other failure to meet the requirements of the job. Should the outside employment cause or contribute to any of these situations, or violate any University policy, the University may request that the employee terminate the outside employment. Employees who have accepted outside employment are generally not eligible for paid time off absence when the absence is used to work on the outside job.
B.11 REQUESTS FOR INFORMATION/EMPLOYMENT REFERENCES
University Relations and specified administrative personnel are responsible for all news and/or press releases to the news media, and inquiries from communication media (press, radio, television, etc.) are to be referred to the Office of University Communications or designated administrative personnel. No statement which involves the University, its policies, students or personnel is to be released verbally or in writing without clearance by the Vice President of University Relations or other authorized administrative authorities.
Employment information regarding any past or present employee is not to be disclosed to any outside party, except as specifically authorized by that employee or a representative of the University. All reference requests and questions concerning employment should be handled in a confidential manner.
B.12 PERSONNEL RECORDS
Personnel records are maintained in the Department of Human Resources. It is very important that employees keep up-to-date all information provided to the University at the time of their hire. This information is essential for many purposes, including benefit administration, insurance notices, mailing information to the employee's home and contacting family or friends in case of emergency. The Department of Human Resources should be promptly notified of any changes in:

Address and telephone number;
Marital status (including legal separation);
Legal change in employee's name;
Dependents;
Changes in beneficiaries;
Person to notify in case of emergency; and
Any applicable changes in licensing or education.

B.13 EMPLOYMENT ORIENTATION

New employees will receive an overview of the University's employment policies and assistance in completing all required federal, state, and University forms. The employee's supervisor, or the supervisor's delegate, will usually provide campus orientation.

B.14 ORIENTATION PERIOD

All new employees may be required to complete an orientation period. This period will generally last up to ninety (90) days. This period may be shortened or lengthened at the discretion of management. During this period, the employee's abilities and work habits are examined to determine if the employee is adequately suited for the position. Upon completion of this period, the employee will be considered a regular employee. Satisfactory completion of the orientation period does not alter the employment at-will relationship. Employees must continue to perform satisfactorily even after the orientation period is completed.

B.15 TRAINING AND DEVELOPMENT

The University will provide skills development to assist employees in performing their job duties. The University may offer a variety of training programs which may assist in developing job skills but employees are responsible for their own self-improvement. Employees should seek their supervisor's assistance in determining the areas in which training and skills development is needed.

Performance reviews may also assist in the process of identifying and establishing skills development goals. Employees should first meet with their supervisor to identify appropriate training. A Human Resources representative will be available to assist employees and their supervisors in establishing a training and development plan. This plan may include participation in courses or other appropriate training.

B.16 PROMOTION AND TRANSFER

Job performance and skills qualifications usually provide the basis for promotions and transfers within Hamline. The University strives to fill job vacancies with qualified internal candidates by advertising available positions on GroupWise, Hamline's Jobs Line, Hamline's Web site, posting open positions, as well as other methods.

Employees are encouraged to discuss advancement objectives with their supervisor. Preparing for an aspirational position usually requires a thoughtfully constructed development plan, accomplishment of personal growth objectives, a strong performance in the present position, demonstrated potential for advancement, and other considerations.

B.17 PERSONAL APPEARANCE

All employees represent Hamline University to its students and to the larger community. Dress and appearance should be professional and consistent with job responsibilities to present a favorable image to customers and members of the public.

B.18 COMMUNICATIONS

Hamline University is committed to fostering civil discourse and ethical leadership in service to society and promotes constructive rather than destructive conflict. Hamline strives to better society by helping equip members of the Hamline community to understand and successfully work through conflict that may be an inevitable part of being engaged citizens and ethical leaders.

The University believes that effective communication is essential to the continued success of the University. In addition, open lines of communication are important to the creation of productive work relationships and the elimination of counterproductive conflict.

Supervisors are generally available to discuss job-related concerns with employees during their work day. Employees are encouraged to use this line of communication. Any concerns about work or suggestions for improving operations should be discussed with the employee's supervisor.

B.19 CONFLICT RESOLUTION

These guidelines are designed to resolve disputes (other than termination and sexual harassment/harassment/assault/violence issues) that occur among members of the University community. Any sexual harassment, harassment, or sexual assault/violence complaints should be handled through the policies covering those issues. Employees who submit a complaint under this policy should not be harassed or retaliated against in any manner. This policy covers all current regular full-time and part-time staff of the University other than employees covered by a collective bargaining agreement. These procedures are not intended to provide parties the same rights which may be available in civil or criminal legal proceedings.

Conflict Resolution Guidelines:

Any employee covered by this policy who has a complaint related to a situation or conditions of employment with the University should first discuss the problem with the supervisor. Employees should submit complaints, in writing, to their supervisor immediately. The supervisor will respond as promptly as possible, generally within ten (10) working days.
If the nature of the complaint is such that the employee believes discussion with the supervisor would be counterproductive, the employee may contact the supervisor's supervisor.
If discussions with the employee's supervisor or the supervisor's supervisor have not resolved the complaint, the Director of Human Resources (or another individual in the Department of Human Resources) will consider the complaint and investigate it.

Employees may submit their complaints, in writing, to the Director of Human Resources within five (5) days of the supervisor's response. The written complaint should be as specific as possible, and should include: (1) a statement of the facts surrounding the complaint; (2) documentation supporting the complaint; and (3) the requested remedy. Investigations will be completed as promptly as possible, generally within ten (10) working days. The Director of Human Resources (or another individual in the Department of Human Resources) will meet jointly with both parties and attempt to resolve the complaint.

Refer to H.10 - University Ombuds Program which may also be used in resolving complaints.

B.20 PERFORMANCE EVALUATION

Performance evaluations are generally completed after the first three months of employment and annually thereafter, usually during the spring or summer. The performance review usually includes a written evaluation of job performance. It may also include comments and recommendations as well as goals for the next evaluation period. Information from the performance evaluation may be used to identify areas in which training and development are needed and in making other employment decisions including, but not limited to, compensation, promotion, and transfer.

Written evaluations will usually be signed by the employee's supervisor and reviewed and signed by an appropriate Cabinet member. If a written evaluation is provided, employees are expected to sign the evaluation form as an indication that the review has been discussed with them. Satisfactory performance reviews do not alter the employment at-will relationship.

B.21 COMPENSATION

Hamline University strives to provide financial reward commensurate with job performance. Job performance will be monitored and evaluated throughout the employee's career with the University. Compensation increases are generally considered on an annual basis, at the sole discretion of the University.

B.22 ATTENDANCE AND TARDINESS

The absence of any employee including arriving late or leaving early, adversely affects the University. Regular attendance and punctuality should be every employee's goal. Each employee should be present and on time each day they are scheduled to work. Full or partial day absences, arriving late or leaving early, for any reason, may result in disciplinary action, up to and including termination.

Employees who are unable to report for work on time, regardless of the reason, must personally speak to their supervisor (or, in the absence of their supervisor, the supervisor's supervisor) as far in advance as possible, but in no case later than their usual starting time. The employee must give the reason for the absence and indicate when expected to return to work. Employees must call in each day they are absent or tardy, unless otherwise authorized by their supervisor.

Employees who must leave work before the end of the work day must follow the same reporting practice as for absences or tardiness, giving the reason for leaving early and securing definite permission to leave early. If the employee expects to be absent the following day, the supervisor should be informed of that fact at the same time.

Failure to report absences properly may be interpreted by the University to mean that the employee has abandoned the job and has voluntarily resigned.

Employees who are absent from work due to illness or injury may be required to provide a statement from their physician verifying the need for the absence and the employee's ability to return to work. Such information may be required regardless of the length of the absence. The University may, at its discretion, also request that the employee be examined by a University-selected physician. Absences other than illness or injury may also require sufficient verification of the need for the absence.

If any absence or tardiness is due to a permitted leave of absence, refer to section F of the Staff Guidebook regarding the University's leaves of absence policies.

B.23 SEPARATION OF EMPLOYMENT

Employment at Hamline University may end due to resignation, retirement, discharge, or as a result of the elimination of a position. Employees who choose to resign are asked to give at least two weeks' written notice. Any employee who is absent for three consecutive days without notifying the University, or who fails to comply with any condition of a leave of absence, or who fails to report to work on or before the expiration of a leave, will be deemed to have resigned, as consistent with applicable law.

An employee who resigns or is terminated is regarded as separated from employment with the University. A separated employee who is re-employed at a later date will generally be treated as a new employee.

Employees who are able and prepared to return to work at the expiration of a leave of absence, but for whom no position is available, and employees who are unable to return to work at the expiration of a leave because of continuing disability, may be released from their employment by the University, consistent with applicable law. The University will make every effort to assist in identifying job opportunities for individuals ready to return to work.

Currently, there is no mandatory retirement age at the University. Employees who are planning to retire should notify their supervisor and the Department of Human Resources, in writing, at least 90 days in advance of their anticipated retirement date.

B.24 EXIT INTERVIEW

An employee who is separated from employment with the University will receive an exit interview. Vacation pay, continuation of group insurance coverage, forwarding address, return of University property, or any employee concerns may be discussed during the interview. The exit interview is generally conducted by a representative of the Human Resources Department.

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SECTION C: WAGE AND HOUR ADMINISTRATION

The Fair Labor Standard Act is the federal wage and hour law having the most general application to employers. The Act is enforced by the U.S. Department of Labor, Wage and Hour Division. This Act identifies employees as exempt or non-exempt in classification:

Exempt Employees - Receive a minimum of at least $250 per week; compensated on a salaried basis; spend 50% or more time managing, directing or performing primary duties of a non-manual nature relating to management policies or general business operations; work under limited supervision, and consistently exercise discretion and independent judgment; required to perform work requiring scientific or specialized study; may perform original and creative work in a recognized artistic endeavor; or teach, tutor, instruct or lecture in an activity generally viewed as educational. Manual-type labor must constitute less than 20% of the employee's weekly hours.
Non-Exempt Employees - Receive compensation on an hourly basis; spend more than 20% time providing clerical or manual-type duties; receives more direction from supervision; eligible for overtime pay or compensatory time for all hours worked in excess of 40 in any one workweek.
C.1 EMPLOYMENT CLASSIFICATIONS
For purposes of determining the applicability of various policies, practices and benefits, employees are classified by the nature of the position to which they are primarily assigned and by their regular work schedule. Accordingly, the University classifies employees as follows:
Regular Full-Time Employees: Regular full-time employees are those who have completed their orientation period and who are regularly scheduled to work at least a 37.5 hour work week on an ongoing basis (1,950 hours per year).
Regular Part-Time Employees: Regular part-time employees are those who have completed their orientation period and who are regularly scheduled to work a proportion of 40 hours of work per week, which is equal to the percentage of one full-time equivalent as assigned to the positions. Regular part-time employees may be required to occasionally work additional hours.
Reserve Employees: Reserve employees are those who are hired to work on special projects, or for a short period of time, or on a fill-in or on-call basis.
Although "regular" employees typically work on an ongoing basis, there is no guarantee that any job will continue.
C.2 HOURS OF WORK
Office hours for employees who are regularly scheduled to work 40 hours per week are from 8:00 a.m. to 5:00 p.m., Monday through Friday. Office hours for employees regularly scheduled to work 37-1/2 hours per week may vary but are generally one of the following schedules: 8:00 a.m. - 4:15 p.m., 8:15 a.m. - 4:30 p.m., or 8:30 a.m. - 5:00 p.m., as determined by the employee's supervisor based upon the work area, job responsibilities, and other factors.
In order to provide the best possible service to students and to accommodate the various class schedules, employees may be required to maintain a flexible scheduling of work hours from time to time.
C.3 JOB DUTIES
Employees may sometimes be required to help with other work important to the successful operation of the University in addition to or in place of their regular daily job assignment. Employees may also be given additional responsibilities, work, or training outside of their regular work time.
C.4 BREAK PERIODS
Employees may take meal periods and a rest break in the morning and afternoon at a time approved by their supervisor based on the needs of the office. Employees who are regularly scheduled to work 40 hours per workweek may generally take a 60 minute unpaid meal break each day. Employees who are regularly scheduled to work 37-1/2 hours per workweek may generally take a 45 minute unpaid meal break each day. Rest breaks should not exceed 15 minutes. Meal breaks and rest periods may not be accumulated, nor are they to be substituted for tardiness, early outs, or longer meal breaks.
C.5 OVERTIME
It is the policy of the University to comply with all applicable laws governing the payment of overtime. Employees who are subject to state or federal minimum wage and overtime laws are referred to as non-exempt employees; those not subject to such regulation are referred to as exempt employees. Where applicable, overtime is paid to non-exempt employees at the rate of one and one-half times the regular rate of pay for all hours worked in excess of 40 in any one workweek. Time not worked, such as holidays, vacation and sick leave, is not counted for purposes of overtime compensation.
When the duties of an employee's position change substantially, the employee and the supervisor should complete a new job description and forward a copy to Human Resources for review to determine whether the position should be classified as exempt or non-exempt.
Certain offices may be open on weekends or holidays and for special events. When these events occur, when there is a heavy workload or imminent deadline, or when there is any other need, mandatory overtime may sometimes be required. Optional overtime may also be available from time to time.
Employees should not work overtime without authorization in advance from their supervisor. The employee's time sheet reflecting the overtime must be signed by the supervisor.
C.6 TIME REPORTING
The Hamline work week begins each Saturday at 12:01 a.m. and ends each Friday at 12:00 midnight. Non-exempt employees are required to keep an accurate record of time worked by recording hours on a time card. Time cards are available in the Payroll Department. Time cards must be completed and signed by the employee, presented to the supervisor for approval, and then submitted to the Payroll Department on the last Friday of the pay period. Occasionally, these times may be changed to accommodate holidays.
Exempt employees are required to maintain a monthly record of vacation, floater holidays, and sick leave on a "Monthly Leave Report for Exempt Employees" form, which must be completed and signed by the employees, presented to the supervisors for approval, and then submitted to the Payroll Department by the 19th of each month.
C.7 PAY PERIODS/PAYROLL DEDUCTIONS
Hamline University generally pays exempt employees on a monthly basis and non-exempt employees on a biweekly basis. Various deductions are made from employees' wages and reflected on the stubs of deposit notifications or paychecks. Federal law requires deductions from pay for income tax, Social Security, and Medicare. Other deductions, if applicable, may include required state and/or local taxes, child support withholding, and wage garnishments. Some deductions are optional and will be made only if the employee has authorized a deduction, such as deductions for the employee portion of any insurance premium or other employee benefit. Employees are responsible for notifying the Payroll Office if they believe errors have been made in their payroll checks.
C.8 DIRECT DEPOSIT
Direct deposit for payroll checks is available to all Hamline University employees. The use of direct deposit ensures timely and accurate distribution of payroll checks, and is encouraged for all current employees. All new employees must participate in the program. Employees may have their payroll check deposited in up to three (3) accounts on payday to the banks of their choice. Direct deposit enrollment/change forms are available on the HR/Payroll web page and in the HR/Payroll Office. Any questions regarding this policy may be directed to the payroll office. (Updated 10/11/07)

C.9 DEFERRED COMPENSATION

Full-Time Exempt Salaried Faculty and Staff on 9-, 10-, and 11-month Contracts and Appointments

Hamline University has a policy and practice of paying all full-time exempt salaried faculty and staff over a 12 month basis regardless of whether they are employed on a 9-, 10-, or 11-month basis. This policy is permissible under the new IRS deferred compensation regulations made effective January 1, 2008.

This policy does not pertain to non-exempt hourly staff or exempt part-time staff and adjunct faculty.

(Return to Table of Contents)

SECTION D: EMPLOYEE BENEFITS

Reference should be made to Hamline University's Faculty and Staff Benefits Booklet which provides information regarding benefits which represent significant additional compensation to employees. In addition, Hamline's staff members are eligible for holiday, vacation, and sick leave pay.

D.1 HOLIDAYS
Regular full-time and part-time employees are generally eligible for paid holidays at their regular rate of pay. Regular part-time employees generally receive holiday pay only if the holiday falls on their regularly scheduled work day. Hamline currently recognizes the following as paid holidays:
Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
New Year's Day
Martin Luther King, Jr. Day
Good Friday *
Memorial Day

* Employees who wish to work on Good Friday in order to observe another religious holiday may do so with prior approval from the supervisor. Employees who are required to work on Good Friday will generally be given a floating holiday of their choice, if approved in advance by their supervisor. Time off will usually be granted for the observance of other recognized religious holidays provided that employees request the time off at least two weeks in advance and the time off is approved by the supervisor. Such time off will be unpaid unless a floating holiday or accrued vacation is used.

During these designated holidays, all offices will be closed, all classes suspended, and most major events and athletic events will not be held.

If a recognized holiday falls on a Sunday, the following Monday is usually observed as a non-working day. If a recognized holiday falls on Saturday, the preceding Friday is usually observed.

In addition to the above-recognized holidays, Hamline provides up to three floating holidays for regular full-time employees. Floating holidays must be taken during the current fiscal year which begins on July 1, and ends on June 30.
New employees must complete a minimum of three months of consecutive service before using any floating holidays. Floating holidays will be prorated as follows:

3 days if hired prior to October 1
2 days if hired prior to January 1
1 day if hired prior to April 1
0 days if hired between April 1 and June 30

In June of each year, to be effective July 1 of each year, Hamline will consider and announce whether the University will designate up to two of the three floating holidays for each year. This will provide staff members the opportunity to have four-day holiday weekends without using vacation days, if they meet the eligibility criteria of the floating holiday policy as indicated above. We are aware that some staff members do not celebrate the major U.S. or Christian holidays, and we will not prevent people from using the remaining floater holiday and/or vacation time to observe their own religious or cultural holidays.

Non-exempt employees who are required to work by their supervisor on a recognized holiday may be allowed, at the supervisor's discretion, time off in lieu of the holiday, as long as the time off is taken in the same week of the holiday.

This holiday schedule does not cover Union members of Local No. 70 of the International Union of Operating Engineers.
(D.1 revised July 2003)

D.2     Vacation
Regular full-Time Exempt and Non-Exempt Staff Employee

Regular full-time exempt and non-exempt staff employees accumulate vacation hours from the first day of employment at the rate of 13.33 hours per month for exempt and 6.15 hours per pay period for non-exempt staff employees. These rates do not change with years of service. Regular full-time non-exempt staff employees working 37.5 hours per week and part-time exempt and non-exempt staff employees also accumulate vacation at the above rates on a pro rata basis.

Vacation hours must be accumulated before they can be taken; therefore, vacation days may not be used immediately upon employment. Vacation leave must be scheduled in advance with the supervisor’s approval. Exempt and non-exempt staff employees are encouraged to use all of their vacation time during the year in which it is accumulated. Staff employees may not receive payment in lieu of accumulated but unused vacation hours. Borrowing from future vacation hours is not permitted. Vacation does not accumulate during an unpaid leave of absence.

Vacation Carryover Effective July 1, 2005 for New Exempt and Non-Exempt Staff Employees

Each July 1, accumulation of vacation hours starts over at the rate indicated above; however, staff employees may carry over vacation hours from year to year up to a maximum of 80 hours.

Vacation Carryover Effective July 1, 2005 for Current Exempt and Non-exempt Staff Employees

All current exempt and non-exempt staff employees will accumulate vacation hours at the rate as shown above; however, the allowable accumulated vacation carryover from year to year may not exceed 80 hours beginning July 1, 2007. The following schedule identifies the maximum carryover levels to reduce the vacation balances to meet the new policy requirement:

Maximum vacation balance carryover:

June 30, 2005     -       280 Hours

June 30, 2006     -       180 Hours

June 30, 2007     -         80 Hours

Vacation Payment Upon Termination for Staff Employees

Effective July 1, 2005, staff members who are separated from employment with Hamline University will not receive payment for any accumulated vacation hours. After an employee gives notice to terminate their employment, they may continue to use accumulated vacation leave, up until one week prior to their termination date. The employee is expected to be on the job for the last week of employment.

The Vice President of Finance must approve any exceptions to this vacation policy on recommendation of a President’s Cabinet member.

This vacation policy/schedule does not cover Union members of Local No. 70 of the International Union of Operating Engineers.

(D.2 revised March, 2006)

D.3 SUMMER FLEXIBLE WORK SCHEDULE
Flexible work schedules may be considered for employees during the summer months. Flexible work schedules may be granted at the discretion of the supervisor and with the approval of a Cabinet member.
This summer flexible work schedule does not cover Union members of Local No. 70 of the International Union of Operating Engineers.
D.4 SEMINARS AND EDUCATIONAL OPPORTUNITIES
The University recognizes the importance of many types of professional, educational, and learning opportunities. In order to support training for employees, the University will grant paid time off for certain seminars, meetings, and applicable training which have been approved by the employee's supervisor when:

Attendance is during regular working hours; and
Attendance is required by the University; or
The course, lecture or meeting is directly related to the employee's job, or
The employee is a speaker or responsible for working at the event.

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SECTION E: WORKPLACE CONDUCT

E.1 DISCRIMINATION AND HARASSSMENT POLICY
Overview
The fundamental principle underlying this policy is that an academic community must be open to discourse and full participation by each of its members. Discrimination or harassment designed to silence, stigmatize, marginalize, or exclude any individual is not only unjust and unfair, but also is incompatible with the University mission to educate and to seek truth.
Hamline University will not tolerate harassment or discrimination based on race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age, or veteran status in its employment or educational opportunities.
This policy is intended to prevent such discrimination or harassment, if possible, and to remedy any discrimination or harassment that does occur firmly, fairly, and promptly. All employees must comply with this policy. This policy shall not be interpreted to allow complaints by independent contractors against another independent contractor or an employee of an independent contractor. In addition, if Hamline cannot apply this grievance procedure, Hamline reserves the right to pursue any other avenue of redress available.
Retaliation for bringing or participating in any investigation or proceeding under this policy will not be tolerated and will be independent grounds for discipline. Nothing contained in this policy limits any rights of Hamline University or in any way restricts Hamline University from investigating or taking appropriate remedial action.
Where harassment conduct may also constitute sexual violence, the University's Sexual Violence Policy may also apply and should be reviewed. Among other things, an assault should be reported to the Provost, Vice President for Student Affairs, Safety and Security, and/or the Saint Paul Police Department; a grievance may be initiated under this policy; criminal proceedings may be initiated and may be pursued concurrently with, and/or in addition to, proceedings under this policy and/or any other University investigation or proceeding. The University reserves the right to advise criminal authorities under any circumstances it deems appropriate.
Discrimination Defined and Prohibited
It shall be a violation of Hamline University employment policies and academic rules, punishable as set forth below, for any Hamline employee to discriminate against any member of the Hamline community with respect to any employment or educational opportunity on the basis of race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age, or veteran status.
Harassment Defined and Prohibited
It shall be a violation of Hamline University employment policies and academic rules for any Hamline employee to harass any member of the Hamline community on account of race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age or veteran status. Hamline will not tolerate any such harassment and will take appropriate remedial action, including discipline.
There are two types of harassment: sexual harassment and harassment by personal vilification.
A. Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact and other verbal or physical conduct or communication of a sexual nature (1) when submission is made a term or condition, explicitly or implicitly, of obtaining employment or education; (2) submission or rejection is used as factor in decisions affecting the individual's employment or education; or (3) which has the purpose or effect of substantially interfering with an individual's employment or education or creating an intimidating, hostile or offensive employment or educational environment.
B. Harassment by Personal Vilification
Harassment by personal vilification includes oral remarks, written remarks, or conduct which (1) are based upon any perceived or actual personal characteristic (race, gender, etc.), and (2) are used to create an intimidating or hostile working, learning or living environment for any individual or group of employees.
Procedures
The University will attempt to promptly resolve all complaints of harassment, but reserves the right in its sole discretion to alter the time limits set forth in these procedures in accordance with the academic schedule or otherwise. Among others, the Grievance Representative, grievance mediators, and investigators are authorized to extend deadlines.
The President and Provost have designated to the Vice President for Student Affairs the responsibility for the selection, training, and coordination of the Grievance Representative, mediators, investigators, and hearing committee. In all appointments, the Vice President for Student Affairs will consult with the Provost, and deans of the CLA, Graduate School of Education, Graduate School of Public Administration and Management, Graduate Liberal Studies, and School of Law.
The Grievance Representative's role is to receive complaints under this policy and initiate grievance proceedings. Copies of reports from all levels shall be sent to the Grievance Representative. The name of the Grievance Representative may be obtained from the Vice President for Student Affairs' office, the Academic Deans' offices, Human Resources, Bush Library, and the Student Handbook.
The Grievance Mediator's role is to seek a mutually agreeable resolution to a grievance. A list of approved mediators for the discrimination and harassment complaints will be kept in the offices of the Grievance Representative, Vice President for Student Affairs, and the Academic Deans.
No one shall be permitted to serve on a grievance committee if a complaint is made against them. If accusations are made against the President, the chair of the Board of Trustees, or a Board member as assigned will make the final decision.
After a complaint is initiated, the following steps can occur:

Level I Mediation, in which both parties attempt to arrive at a mutually satisfactory resolution with the aid of a trained mediator. If mediation does not resolve the grievance, it goes on to:
Level II Investigation
Level III Hearing
The detailed procedures for each step are explained below.
Definition of Policy Terms
A. "Complainant" means a person (or persons) who alleges discrimination or harassment.
B. "Respondent" means a person (or persons) against whom discrimination or harassment is alleged.
C. The word "days" when used in relationship to time limits herein means working days (not calendar days).
Complaint Initiation
An individual may confidentially meet with the Grievance Representative to review the options available. Upon receipt of a written complaint, which is signed and dated, the Grievance Representative will either select a mediator and forward the complaint to Level I mediation, or bypass the mediation process and forward the complaint to Level II Investigation. The mediator has similar discretion to proceed under Level II rather than Level I, if deemed appropriate. The Grievance Representative will notify the respondent and provide a copy of the complaint.
If the complaint is assigned to a Level I mediation, the selection process of the mediator will be completed within 5 days. The complainant and respondent will each be allowed to reject one mediator, in which case another mediator will be selected.
The Grievance Representative will inform the Vice President for Student Affairs that a complaint has been filed. The Vice President for Student Affairs will check the files to determine whether any previous charges have been recorded. Confidentiality will be maintained as reasonable and appropriate, but cannot be guaranteed.
Level I Mediation
Level I is a phase in which the selected mediator will mediate for the Complainant and the Respondent. The mediator's sole authority is to advise both parties in an attempt to seek a mutually agreeable resolution if possible.
The mediator's duties shall be to:
1. Confidentially advise and assist both the Complainant and the Respondent in regard to proper procedures to seek resolution of the conflict.
2. Attempt to a) secure a mutually acceptable resolution of the issue or b) to declare the issue at an impasse and advise the Complainant on the Level II and Level III procedures.
3. If the matter is resolved the mediator will report the case to the Grievance Representative and the designated official including the nature of allegations and the mediated resolution of the dispute. The mediated solution will be the official resolution of the case only upon review and approval by the designated University official.
4. If the issue is not resolved to the satisfaction of both parties within ten (10) days after the selection of the mediator or if the alleged harassing behavior continues, the mediator will declare the dispute at an impasse and the grievance will proceed to Level II.
5. If the matter moves to Level II or Level III, the mediator will forward the name of the Complainant and Respondent, the Complainant's written statement, information gathered during mediation, and a summary of the mediation process.
Level II Investigation
The following is the customary procedure for investigation at Level II.
1. A list of investigators will be established by the Vice President for Student Affairs. The Grievance Representative will assign an investigator. The names of the Complainant and the Respondent, the Complainant's written statement, information gathered during mediation, and a summary of the mediation process will be provided to the investigator.
2. The investigator will investigate the charges and make a determination within ten 10 days.
3. The investigator will use reasonable means to preserve confidentiality, but confidentiality cannot be guaranteed and disclosure of information may be necessary.
4. Based on the investigation, the investigator will issue a written determination of whether or not there is probable cause to believe the policy was violated. The determination shall summarize the allegations, the evidence and the findings. The determination will be sent to the Complainant, the Respondent, and the Grievance Representative. In addition, a determination of probable cause will be sent to the Vice President for Student Affairs and to the appropriate Cabinet officer (if a staff member is involved) or to the faculty member's dean (if a faculty member is involved) and a determination of no probable cause will be sent to the designated official.
5. The Respondent shall have ten (10) days after a determination of probable cause is sent to respond in writing to the Grievance Representative; a request for a hearing must be included in the response and made within that time period or a hearing shall be waived. If the Respondent fails to timely respond, the determination may be deemed admitted and the Hearing Committee will review the determination and suggest sanctions to the designated official who shall then issue the final decision (including remedial measures), which shall not be subject to further review or appeal. If a timely request for hearing is made, the Grievance Representative will begin the hearing procedures.
6. If there is a determination of no probable cause, the Complainant may appeal by making a request for hearing to the Grievance Representative in writing within ten (10) days after the determination is sent. If no timely request for hearing is made, the designated official shall review the determination and issue a decision. If the designated official agrees with the determination of no probable cause, the decision shall be final and binding. If the designated official determines that there is probable cause, a written determination shall be issued summarizing the decision which shall then be treated as a finding of probable cause by the Investigator and Steps 4 and 5 above shall then apply.
7. In appropriate circumstances, the Grievance Representative may extend any deadline(s).
8. The office of the Vice President for Student Affairs will maintain files of all proceedings including mediated settlements and investigations resulting in a no probable cause determination. These files will be kept separate from regular employment files. These files will be available to mediators and investigators in any future case involving any of the same parties.
Level III Hearing
1. Upon initiation of the hearing procedures, the Grievance Representative will convene the Hearing Committee.
2. The Hearing Committee will be convened as soon as reasonably possible after receipt of a timely request for hearing.
3. The Hearing Committee will consist of the following:

One CLA, law, or graduate faculty member from each academic unit represented.

One nonexempt staff member.

One CLA, law, or graduate student from the academic unit where the complainant and/or respondent is enrolled or employed.

One floating representative dean, associate or assistant dean from the area (CLA, law, or graduate) where the complaint originates, or in cases where the complaint originates from the administrative staff, the vice president, chief officer, or dean from that administrative area. The selection and representation of the Hearing Committee should be sensitive to the nature of the case. A new committee will be established bi-annually to hear cases for each academic year. Committee members may be removed by the Grievance Representative in specific cases if there is a conflict of interest. If a committee member is so removed, the Grievance Representative will replace that individual with an individual of the same status.
4. The Respondent and the Complainant may review the investigation files. Court rules of evidence will not apply, nor will court rules of civil procedure apply. Fair and efficient resolution of the dispute will be the goal.
5. The Respondent and Complainant may be accompanied by an advocate for support but the advocate may not participate in the proceedings.
6. The Hearing Committee will meet and select its own chair and secretary to record the proceedings. The committee will review the case to determine (1) whether the facts, as alleged, are true, (2) whether the facts found to be true constitute discrimination or harassment under this policy, and (3) make recommended sanctions. The committee may call individuals before it to inquire about the allegations.
7. Within (ten)10 days after the hearing, the committee will meet with the designated representative to review its decision on the matter, including its recommended sanctions.
These sanctions may include, depending on the severity of the offense and past history, one or more of the following:
a. Reprimand, public or private,
b. Appropriate community service,
c. Continued employment or attendance at the University being subjected to certain conditions,
d. Denial of salary increase,
e. Demotion or reassignment of teaching or supervisory responsibilities,
f. Suspension from attendance at the University for a specific period, or suspension without compensation for a specified period,
g. Dismissal from employment or expulsion from attendance at the University. Any sanction may be accompanied by required correction action, such as treatment and/or counseling. As part of its recommendation, the committee will include a suggested course for future assessment as it relates to faculty or staff review.
8. The designated representative will review each decision including the recommended sanction, and will, within ten (10) days, accept, reject, or modify the committee's decision and/or sanction with a statement of reasons. The designated representative will send written notice of the decision and the action to be taken to the parties, the Respondent's supervisor and the Grievance Representative within this allotted time period. The respondent's supervisor shall be responsible for implementation of any action specified in the final disposition. In the case of a student respondent, the Vice President for Student Affairs shall be responsible for implementation.
9. A copy of the investigator's files, answer, hearing committee decision and the designated representative's decision will be kept in the Vice President for Student Affairs office for ten (10) years. These records may be obtained by investigators in subsequent investigations of other cases under this policy. Sanctions under this policy will not preclude other actions or disciplinary procedures. The University affirms its right to use these records in any kind of administrative, governmental, or judicial proceedings outside Hamline in which they are relevant or necessary.
E.2 VIOLENCE AND SEXUAL VIOLENCE
Hamline University is committed to creating and maintain a working, learning, and social environment which is free from violence. The University has zero tolerance for threats or act of violence against members of the campus community. In addition, Hamline University does not tolerate sexual assault or sexual violence. Sexual assault in any form, including acquaintance or date rape, is prohibited. Sexual assault is both a violation of the standards of the university community and may be a criminal act under the laws of the State of Minnesota.
Civility, understanding, and mutual respect are intrinsic to excellence in teaching, learning and a productive work environment. The University is also committed to providing a safe and health campus culture which serves the needs of its many constituencies. Hamline University prohibits and will take decisive action to eliminate any act which is physically assaultive, any threat to harm or endanger the safety of others, behaviors or actions interpreted by a reasonable person as carrying the potential for violence and/or acts of aggression, or any threat to destroy or the actual destruction of property.
Sexual assault and sexual violence committed on University property, owned or rented, or during any Hamline University sponsored event or trip off campus, by a student, faculty member or staff member against a student, faculty member or staff member is prohibited and shall be considered to be a violation of this policy. In addition, sexual assault or sexual violence committed by a student, faculty member or staff member against a student, faculty member or staff member anywhere other than on property owned or rented, will violate this policy if the alleged conduct adversely and seriously affects the accused's suitability as a member of the University community.
To fulfill this policy, the University will work to prevent violence from occurring and will ensure that federal and state laws, as well as University regulations prohibiting violence, are enforced. In determining whether conduct constitutes a credible threat or act of violence, the circumstances surrounding the conduct will be considered. It is the responsibility of every administrator, faculty member, staff member and student to take any threats of violence seriously. All threats must be reported to the appropriate authority.
Hamline University encourages students, faculty or staff who believe they have been victims of sexual assault to pursue criminal action against the alleged perpetrator. An individual may pursue criminal action and an internal University complaint concurrently. Retaliation against an individual who brings a complaint or participates in an investigation of sexual assault or sexual violence or pursues a legal action is prohibited and will not be tolerated.
Definition of Sexual Assault and Sexual Violence
Under Minnesota law, sexual assault and sexual violence may include a range of sexual conduct including stranger rape, acquaintance rape, marital rape, same-sex assault, child sexual abuse, incest, and unwelcome touching or contact. Sexual assault may include sexual penetration (however slight), sexual contact carried out under coercion, with the threat of force, or a weapon, through a position of authority or when the victim is mentally handicapped, physically helpless, or vulnerable. Sexual assault may also include physical contact with a person's genital area, or other bodily orifices, or with a person's buttocks or breasts if the contact or touching is done without consent. The use of alcohol or drugs by either party is not considered to decrease the responsibility for sexual assault under this policy.
Conduct may be considered sexual assault even if: (a) the attacker is someone known to the victim/survivor; (b) the assault happens on a date; (c) the individuals have engaged in sexual touching and kissing prior to the assault; (d) the individuals have had consensual intercourse in the past; (e) the individuals are married; (f) the individuals are under the influence of alcohol or other drugs; (g) there was no weapon involved; (h) there was no evidence of a struggle or resistance; or (I) there are no witnesses.
Immediate Action
Any victim of violence or sexual assault should seek immediate medical and emotional assistance. Assistance is available by calling (911), the Saint Paul Police (651-291-1111), the Minneapolis Police (612-384-2345), Hamline Campus Security (651-523-2100), Regions Hospital (651-221-3456), or Hennepin County Medical Center (612-347-3131). Hamline's Campus Security will assist victims with initiating police contact and will assist with the transportation arrangements to the hospital.
The University recognizes that any decision to report a sexual assault to the police is the right of the victim. However, university personnel responding to an incident of sexual assault will inform the victim of the options of criminal prosecution, medical assistance and the University's reporting process, and will assist the victim with these contacts if requested. In addition, confidential counseling and support resources will be discussed as appropriate. University personnel will also inform victims of their rights under the Crime Victims Bill of Rights, including assistance from the Minnesota State Crime Victim's Reparations Board (1-800-247-0390) and the Minnesota State Office of the Crime Victim Ombudsman (651-282-6256).
The University and the metropolitan areas offers a variety of support services which a victim may wish to utilize for support and counseling:
University Resources: Chaplain's Office (651-523-2315)
Off Campus Resources: Saint Paul Sexual Offense Service (SOS) (651-298-5898)
                                     Minneapolis Sexual Violence Center (612-871-5111)
                                     Rape and Sexual Assault Center (612-825-4357)
                                     HealthPartners' Employee Advisory Resource (EAR) (1-800-659-7594)
It is important for victims to preserve any evidence resulting from a sexual assault which would be needed for criminal prosecution. Campus security will provide assistance in preserving materials considered relevant to the internal complaint process and, when requested by the police, provide assistance in obtaining, securing and maintaining evidence needed for criminal prosecution.
Complaint Process
Complaints of violence or sexual assault may be made by students, faculty members, or staff members to campus security, any department supervisor or director, the campus Sexual Grievance Coordinator, Director of Human Resources, a Cabinet member, or the Provost. Complainants will be offered assistance and referral for counseling, medical, or other support services. Complaints of sexual assault or sexual violence will usually be investigated by the Director of Security.
Prior to an investigation, the complainant will be reminded of the options for criminal prosecution and rights under the Crime Victims Bill of Rights. If it appears that the safety or security of an individual is in jeopardy, appropriate action will be taken.
The investigation will afford the accused an opportunity to respond to the allegations. In addition, persons with information relevant to the complaint may be interviewed. The complainant and the accused have the right to be accompanied by a support person (including an attorney) during any proceeding. Both the complainant and the accused will be informed of the outcome of the investigation. If the results of the investigation indicate that sexual assault or sexual violence has occurred, the University will take the appropriate action.
Education and Training
Educational materials and programs will be made available to employees to assist them in recognizing and preventing violence and sexual assault.
E.3 SMOKING POLICY
Hamline University acknowledges and supports the findings of the U.S. Surgeon General that the use of tobacco poses a significant health hazard to smokers and non-smokers alike. Hamline University is committed to protecting the health of all who study, work and live here.
It is Hamline University's policy, therefore, to prohibit smoking in any public building on campus and within 25 feet of any building. Enforcement of the policy will be in accord with the enforcement of other policies set by Hamline University.
E.4 DRUG AND ALCOHOL POLICY
Hamline University is committed to maintaining a safe and healthy work and education environment, free from the unlawful use of alcohol and drugs. Accordingly, Hamline University has adopted and implemented the following drug and alcohol policy:
It is a condition of employment at Hamline University that all employees refrain from reporting to work or working with the presence of drugs or alcohol in their system. The University may, in its discretion, immediately discharge or otherwise discipline any employee without warning for use, possession, sale, solicitation, manufacture, distribution, dispensation, transfer, or being under the influence of alcohol or drugs (other than those used for bona fide medical purposes consistent with a doctor's prescription) while working, while on University premises (including lunch breaks and other rest periods or during off-hours unless alcohol is approved by the University for a special event), or while using the University's machinery, equipment or vehicles. Employees who report to work under the influence of drugs or alcohol, will not be allowed to remain on University property.
The University may investigate University premises and any property on those premises to determine whether there has been any violation of this policy. For purposes of this policy, "premises" is defined as the physical place of business of the University, including but not limited to driveways, streets, sidewalks or walkways, parking lots, parking garages, or other parking areas, and/or the University's vehicles. Any refusal by an employee to cooperate in such an investigation may result in disciplinary action, up to and including discharge.
As a condition of employment, all employees are required to abide by the terms of this policy and notify the University of any criminal drug statute conviction or a violation occurring in the University's workplace no later than five (5) days after the conviction. An employee who is convicted of a violation of any criminal drug statute may be subject to discipline, up to and including discharge.
This policy applies to all employees and job applicants employed or to be employed in the State of Minnesota by the University regardless of their position.
E.5 CONSENTING RELATIONSHIPS
Consenting romantic or sexual relationships between faculty/staff and any student, or between any supervisor and a subordinate, are considered to be unethical. The respect and trust accorded faculty/staff by a student, as well as the power exercised by faculty/staff in giving praise or blame, grades, recommendations, etc., greatly diminish the student's actual freedom of choice should sexual favors be requested. Therefore, faculty/staff are warned against the possible costs of even an apparently consenting relationship. The same is true for all superior/subordinate relationships on campus.
Any college employee who enters into a sexual relationship with a student or subordinate where a professional power differential exists must realize that, if a charge of sexual harassment is subsequently lodged, the fundamentally asymmetric nature of the relationship may make it exceedingly difficult to prove mutual consent.
Consistent with the AAUP Statement on Professional Ethics, the college views amorous relationships between faculty and students to be wrong if the faculty member has or has had any professional responsibility for the student either in or out of the classroom. Likewise, no college employee (administrator, faculty, staff or student) shall have an amorous relationship with a student or employee whose work is being supervised by that employee.
Consenting romantic or sexual relationships between faculty/staff and students or superior/subordinate which occur outside the instructional or supervisory context may also lead to difficulty, particularly when the parties involved are in the same instructional or work unit/department. Relationships that the parties involved view as mutual and consensual may be viewed by others as exploitative and may negatively affect the work environment, in that serious conflicts of interest may be perceived to exist. In such cases, faculty/staff who fail to withdraw from participation in activities or decisions that reward or penalize the student or employee with whom the faculty/staff is having or has had an amorous relationship will be considered to have committed a serious breach of professional ethics. If such behavior comes to the attention of the University and the faculty/staff persists in the behavior, the University will take appropriate disciplinary action.
E.6 DISCIPLINARY GUIDELINES
The University expects employees to conduct themselves on the job in an appropriate manner. Violations of guidelines or policies may result in disciplinary measures that may, depending upon the circumstances and at the discretion of the University, include verbal or written warnings, probation, transfer, suspension (with or without pay), or immediate discharge. These disciplinary measures do not constitute an exclusive list of possible actions and may be taken in any order. They are intended merely as a guide to the employee and are not intended to create a contract or modify the employment at-will relationship.
Engaging in any of the following examples of unacceptable conduct may result in any of the disciplinary actions as stated above:

Absenteeism, tardiness and/or leaving early;
Leaving the job without permission;
Failure to accurately complete or permitting others to fill out employee's time card;
Unsatisfactory job performance;
Discourteous treatment of clients;
Misuse of time on the job; i.e. sleeping, excessive personal visiting, and/or phone calls;
Failure to follow orders, defiance of orders, or general insubordination;
Working an outside job when expected to be on University job;
Failure to report absences as required;
Failure to comply with University policies regarding acceptable personal appearance;
Reckless, careless, or unauthorized use of University property, equipment, or materials;
Violation of safety, health, or smoking rules;
Improper or profane language;
Use of threats, violence, or the unauthorized possession of weapons;
Falsifying records or information (or misuse or unauthorized manipulation of any computer or electronic data processing equipment system);
Disclosure of confidential information;
Theft or dishonesty;
Sexual harassment or harassment prohibited by University policies;
Arrest and conviction for criminal offenses that are job related, including those that may affect the employee's ability to perform the job;
Violation of policies concerning the use, possession, sale, manufacture, distribution, dispensation, transfer, or being under the influence of alcohol or controlled substance (other than those used for bona fide medical purposes) while working, while on the University's premises (including lunch breaks and other rest periods or during off-hours unless alcohol is approved by the President for a special event), or while using University machinery, equipment, or vehicles;
Violation of any other University policies.
E.7 STATEMENT ON CIVIL DISCOURSE
Discourse is and ought to be one of the central values of our new American university. Civility in discourse is important because discourse that is uncivil tends to silence people and defeat the exchange of ideas that nurtures the intellectual health of the University. However, civility ought to be understood in the sense of good citizenship and human decency rather than mere politeness and the avoidance of discomfort.
Genuine civil discourse encompasses elements of both dialogue and debate. The virtues of open-minded dialogue include listening in order to understand one's fellow participants, trying to persuade others to adopt one's own point of view, and a willingness to re-examine one's assumptions. Civil discourse should allow spirited challenges and critiques of another's position as well as responses challenging one's own position. While conflict avoidance is not a goal of civil discourse, refraining from direct personal attacks is critical to encouraging participation. Civility requires that participants can expect freedom from personal attack and other forms of retaliation at the same time they can expect challenge and inquiry.
The intellectual honesty and rigor required by educational pursuits demands that participants be free to engage in critical examination of positions, philosophies, and values. To be free to engage in critical examination through civil discourse, students, faculty, and staff must feel confident that their ideas will be received with respect and will prompt open-minded inquiry. Likewise, they must treat the ideas of others with similar respect and open mindedness.
E.8 TECHNOLOGY USE POLICY
Summary
Hamline University recognizes the growing importance of technology as a means to support its missions of education, research and service, and therefore provides faculty, students, and staff with access to technology, including computer systems and networks. In return, users of Hamline's technology must be committed to complying with University policies and applicable law on appropriate use of these systems. All users of Hamline's technology are expected to observe the highest standards of responsibility and ethics. In general, this means that an individual's use of technology should not infringe on the rights of other users, utilize an unfair share of system resources, or interfere with the normal operation of the computer system.
Appropriate Use of Technology
A. "Use of Computers is a Privilege." Hamline University maintains a variety of computing and network resources for use by students, faculty, staff, and guests in support of the University's mission of education, research, and service. Access to these resources is a privilege, and the University can revoke that privilege if University policies are not followed.
B. "Only Appropriate Uses are Permitted." Hamline's technology may be used by students, faculty, staff, and guests for appropriate uses only, as defined in the policies.
1. Appropriate uses of Hamline's computer systems include primary uses and secondary uses. Technology can be used for the following primary uses:

Learning;
Research;
Teaching;
Internal and external communication/collaboration;
University administrative functions;
Authorized extracurricular activities;
Access to the Internet for appropriate uses defined in this policy;
Other uses supported in the current version of the Hamline University student/faculty/staff handbooks or in other University policies;
Other uses that support the professional activities of the faculty and staff.

2. Hamline's technology may also be used for secondary uses, as long as such uses do not interfere with staff and faculty work duties. At times, however, it may be necessary to restrict secondary uses if they interfere with primary uses.
Secondary uses include:

Personal communication;
Personal projects;
Recreational activities.
C. "Prohibited Uses". Prohibited uses are those uses which interfere with or are contrary to appropriate uses of the computer systems, furtherance of the University's mission, or compliance with the University's policies or applicable law. Prohibited uses of the University's technology include:
1. Interference with the operation of any University computer systems;
2. Interference with the security of any University computer systems;
3. Unauthorized attempts to alter files or systems;
4. Making unauthorized changes to the configuration or wiring of equipment;
5. Intentionally damaging software or hardware;
6. Intentionally disrupting the University's network or e-mail systems;
7. Removing software or hardware from Hamline's computer systems without authorization;
8. Use of Hamline computer systems for personal or private commercial gain without appropriate authorization from a Hamline University Cabinet member;
9. Use of University technology to access or change non-public information about any individual, or to access, without authorization, any e-mail, voice mail, or other communications intended for another individual.
D. "Internet Activities". Use of the Internet must be in compliance with all applicable laws and University policies. The following guidelines should be observed:
1. Software may be downloaded from the Internet only when the owner of the software has granted permission for doing so.
2. Users should scan all downloaded software for viruses. Copyrighted materials (including text, graphics, video and audio) downloaded from the Internet, should only be used with the permission of the copyright holder, or to the extent allowed by fair use.
3. All personal and organizational web pages published by users of the Hamline computer system should clearly indicate who has created them. No one may create a presence on the Internet, such as a home page, which purports to be an official publication of Hamline University, without the written approval of the Hamline University Vice President for University Relations.
4. Confidential information from personnel files or student records cannot be placed on or transmitted through the Internet, unless it is appropriately encrypted or secured.
E. "Web Site Activities"
The Hamline University web site provides online access to University and external information sources that support teaching, learning, marketing, and administration of the University.
Information on the web site is provided by members of the community, including faculty, staff, and students, to enhance communication and informed decision-making by facilitating access to current information.
The Web Advisory Committee provides planning and direction for the continued growth and development of Hamline's web site. The Advisory Committee meets regularly to:

define and evaluate the process for submitting information to the web site;
implement programs to encourage use of and participation in the web site;
discuss the function of Hamline's web site, identifying areas which aren't working well and proposing solutions;
discuss structural changes;
discuss changes to the general guidelines for web site publishers;
discuss the effect of technical advances on the web site.
The Hamline University Web Policy is available for review by contacting the Information Services Department.
Compliance with Applicable Law
A. "Various Laws Apply to Use of Technology". The privilege of using Hamline's technology is conditioned upon the technology user complying with all applicable law. Applicable law includes the law relating to defamation, pornography, trade secrets, theft, copyright, criminal actions, and sexual harassment.
B. "Compliance with Copyright Laws for Software". Nearly all computer software is protected by the copyright laws. The exceptions to this rule are so few that users of Hamline's technology should assume that all software on Hamline's computer system, on third party systems, or available through the Internet is protected by copyright, unless there is clear information to the contrary. Simply stated, the copyright laws allow a user of software to use the software, load it onto the hard drive of a computer, and retain the original disk as an archive copy. The copyright laws do not allow a user to modify the software, make more copies of it, store copies on both a home and a University computer, or distribute the software through the Internet, unless the license agreement permits those activities. Unless a user of Hamline's computer systems knows that any of those activities is permitted by the applicable license agreement, users of Hamline's computer systems shall not copy any software, modify any software, load copies of it onto a network or on multiple hard drives, or distribute the software in any way, including through the Internet.
C. "Licensing of Computer Software". All users of Hamline's technology must cooperate with Hamline in ensuring that the University properly obtains all software included for use within Hamline's technology. Users should refer to Hamline University policies on Information Technology Software Purchases. Obtaining copies of software without appropriate licenses or using software in a manner beyond the rights granted in any license are violations of this and other University policies, and can subject the individuals involved to discipline.
D. "Use of Unlicensed Software". All software installed on the University's computer systems must be properly licensed, either by the University, or by the individual user. The University will monitor its computer systems to ensure that unlicensed software is not installed on its computers. Individuals who install software on their office computers must keep records to show that this software is properly licensed, and they must inform the network manager that the software has been installed.
E. "Compliance with Copyright Laws for Text and Video". Nearly all written and pictorial (including video) material is protected by the copyright laws, regardless of whether it is in a hard copy, in an electronic copy, or on the Internet. The exceptions to this rule are so few that users of Hamline's technology should assume that all written and pictorial materials in hard copy or available through the Internet are protected by copyright, unless there is clear information to the contrary. Simply stated, the copyright laws allow a user to read the copy- righted material. The copyright laws do not allow a user to modify a copyrighted work, make copies of it (beyond those allowed by fair use), distribute copies of a work through the Internet, or broadcast a copy of a work (such as in the case of video) on any channel or network. As with materials from a library or other sources, the user is responsible for using materials obtained off the Internet in compliance with the copyright laws.
Security of Computer Systems
A. "Protection Against Unauthorized Access". Each individual desiring access to Hamline's computer systems must comply with the procedures administered by Hamline's Information Systems department for obtaining a password and systems access. Each individual is responsible for choosing and protecting an appropriate password for that person's access to the University computer systems. Each individual is responsible for all actions taken and uses of the computer systems made under that individual's password. Faculty, staff, students, and guests shall not share passwords, post them on computer terminals, or otherwise communicate a password to anyone, other than their supervisors at Hamline and Hamline technical systems personnel.
B. "Unauthorized Internet Access". Each individual is responsible for proper and lawful use of the Internet when it is accessed using Hamline technology. The rules for use of the Internet are basically the same as for use of Hamline's computer systems and use of paper documents. Prohibited uses of the Internet include all the prohibited uses of the University's computer systems defined in this policy, as well as any other uses of the Internet which would be a violation of applicable law. For example, Hamline's technology cannot be used to access the Internet for the sending of harassing material, pornography, chain letters, or defamatory matter.
C. "Privacy of Files". Respecting the privacy of others' work and communications is an important value in an academic community that promotes the free exchange of ideas and civil discourse. Computer files and e-mail messages stored on the Hamline computer system are considered private to the extent allowed by law and University policy. As indicated in this policy, attempts to access stored files or communications of another user, without proper authorization, are prohibited. However, it is important for users of Hamline technology to realize that the privacy of computer files, e-mail, and voicemail cannot be guaranteed and should not be assumed. Since Hamline University owns and maintains the computer and communication technology used by its students, faculty and staff, it has the responsibility to service and repair these systems and to ensure that all University policies and applicable laws are observed. Hamline technology users should be aware that:
1. Technology services staff have access to all computer files and e-mail stored on the Hamline network servers. In the course of their normal duties they may see the content of these files.
2. In order to resolve some types of problems with the computer system it may be necessary to examine the content of a file.
3. There are cases in which Hamline University has the obligation to reveal the content of files stored on its computer systems. Hamline will examine or reveal the contents of user files if it is required by law or by court order, or in cases where there is reason to suspect serious violations of federal or state regulations, or of University policies. In the case of an internal investigation, access to a user's files must be authorized in writing by two University Vice Presidents.
D. "No Expectation of Security on Internet". Information and messages sent over the Internet can be intercepted in various ways. Users of Hamline technology to access the Internet cannot assume that information they send over the Internet will be or remain confidential and inaccessible to anyone other than the intended recipient.
Related Policies
All Hamline University policies, including Freedom of Expression, Sexual Harassment, Academic Integrity, University Authority and Civil Penalties, Posting Policy, and Codes of Conduct apply to use of any University technology. These policies can be used as guidelines to determine whether an individual is using the University's computer systems in an appropriate or inappropriate manner.
Enforcement of Policies
A. "Notification of Violations". Hamline encourages individuals to report any suspected violations of Hamline policy regarding Hamline's technology and the proper uses of it to the Chief Information Officer or an appropriate Hamline cabinet member. The University shall be responsible for investigating any potential violations, and encourages individuals to cooperate in the investigations. Hamline considers violations of this policy to warrant serious review and action.
B. "Discipline for Policy Violations". Use of Hamline University's technology in violation of this policy may result in disciplinary action. Alleged violations of this policy will receive the same due process as any other alleged violation of University policy.
Questions
Users of Hamline's technology are encouraged to ask questions and seek information on the topics covered in this policy, in order to be better able to comply with this policy. Questions about the appropriate use of computer and technology resources should be directed to the Technology Resource Center. Questions regarding disciplinary actions and procedures should be directed to the appropriate office: for students - the Vice President for Student Affairs; for staff - the Director of Human Resources; and for faculty - the dean of the appropriate academic unit.
E.9 COPYRIGHT LAW COMPLIANCE
All employees of the University, including but not limited to staff, faculty and administrators, shall conduct their activities on behalf of the University, including but not limited to any research or writing activities, in such a fashion so as to meet and comply with all the requirements of applicable copyright laws and regulations.
As a condition of employment, each employee agrees to accept responsibility for reading and understanding the requirements of copyright law and the policy statement and guidelines of the University. If an employee violates copyright law and relevant policies and if the University determines that the employee has acted in good faith, he/she shall be deemed to be in "good faith compliance" and shall not be required to indemnify the University for any damages, judgments, or costs that may be obtained against the University for the acts of the employee.
However, if an employee willfully, intentionally, negligently, or without good faith violates the copyright provisions, the employee shall be solely liable for all losses, damages, judgments, and costs of whatsoever kind or nature that may be incurred. Should the University be named in any legal or equitable action arising from such wrongful infringement, the employee agrees to save, hold harmless, and indemnify the University against all losses, damages, fees (including attorney fees), or other penalties, monetary or otherwise, that may be incurred as a result of such conduct.
Due to changes that may occur in the laws, this policy may undergo revision from time to time.

E.10 WORKPLACE VIOLENCE

I.  Hamline Violence Prevention Policy

A. Purpose

Hamline University does not tolerate acts of violence committed by or against any members of the campus community. Hamline University strictly prohibits employees and students from making threats or engaging in violent acts. This policy applies to all employees and students and to all physical locations where Hamline University meets or otherwise has a physical presence.

NOTE: This is a zero-tolerance policy, meaning that Hamline University disciplines every employee or student found to have violated this policy. Discipline can include termination of employment or expulsion from the University. All discipline will be implemented in accord with employee or student policies found in the applicable employee or faculty handbooks or applicable student planner and handbook, and student judicial codes.

The Safety and Security Office has authority to take action in response to threats of violence, acts of violence, and violations of Hamline University’s Weapons Policy.

B. Prohibited Conduct

Prohibited conduct includes, but is not limited to:

1.   intentionally injuring another person physically

2.   engaging in bullying, hazing, threatening, menacing or similar behavior, including through electronic communication, that creates a reasonable fear of injury in another person;

3.   engaging in bullying, hazing, threatening, menacing or similar behavior, including through electronic communication, that subjects another individual to extreme emotional distress;

4.   possessing, brandishing, or using a weapon or other device or instrumentality that, in the manner it is used or threatened to be used, is calculated or likely to produce injury, while on Hamline University’s campus or engaged in Hamline University business;

5.   damaging property intentionally;

6.   threatening, via oral, written, or electronic communication, to injure an individual or damage property;

7.   committing injurious acts motivated by, or related to, domestic violence or sexual harassment; and

8.   violation of the Sexual Misconduct Policy, the Discrimination and Harassment Policy, the Firearms and Weapons Policy, or the Hate Incident and Crime Protocol.

C.   Guidelines for Handling Violent Situations

The Security Office maintains and distributes to all members of the Hamline University community guidelines and procedures for handling campus violence and threats.

II.   Weapons-Free Campus

Hamline University is committed to ensuring the safety of our employees, students, and visitors. In furtherance of this commitment, Hamline University maintains a weapons-free campus and strictly enforces its policies. Please refer to the Firearms and Weapons Policy for more details. For the purposes of this policy, “campus” includes all physical locations where Hamline University meets or otherwise has a presence.

Exception: This prohibition does not apply to weapons or devices in the possession of law enforcement officers who are authorized by law to carry such items.

A.    Searches

In cases where Hamline University has reason to suspect the possession of any prohibited weapons or devices, Hamline University reserves the right to examine employees' personal belongings, including, but not limited to, purses, briefcases, packages, desks, and lockers.

B.    Enforcement

In addition to any discipline imposed under this and other University policies, employees and students are subject to arrest and prosecution by law enforcement officals for any criminal acts.

(Return to Table of Contents)

SECTION F: LEAVES OF ABSENCES

F.1 GENERAL OVERVIEW
The policies in this section describe various types of paid and unpaid leaves of absence generally provided by the University. Following are guidelines generally applicable to leaves of absence. Individual leave policies may contain specific or other guidelines.
Any request for a leave of absence must be made as far in advance as possible. Reserve employees are usually not eligible for leaves of absence.
In general, leaves must be requested in advance in writing and require the approval of the employee's immediate supervisor. The exact nature of the leave and its anticipated length must be included in the written request. Employees are expected to return to work upon the expiration of the leave as granted. If prevented from returning as agreed, the employee must notify the supervisor in writing prior to the scheduled return date to secure definite permission for an extension of the leave. Failure to report back to work on or before the expiration of a leave may be considered job abandonment. The University usually attempts to place employees who have taken a leave in the same or similar position (if available) upon return from leave, but does not guarantee it.
Employee performance evaluations are usually extended by the period of any leave of absence. Length of service and vacation time generally do not accrue during leaves of absence, except as required by law. The University may require employees to first use all earned "time off" with pay for a leave, pursuant to applicable law.
To continue insurance coverage, the employee's share of the premium must be paid on or before the first day of each month. In addition, the employee must submit a completed insurance form to the Department of Human Resources prior to the start of the leave.
Working for another employer or becoming otherwise gainfully employed during a leave of absence without express written approval of the University may be considered job abandonment.
If local, state, or federal laws require a leave of absence under circumstances other than those provided in this guidebook, then it is the policy of the University to comply with applicable legal requirements.
F.2 SICK LEAVE
Sick leave is to be used in the event the employee is unable to work due to the employee's own illness, injury, or other medical condition. Sick leave may also be used as part of a family or medical leave or sick child care leave and as otherwise required by applicable law. Sick leave may be used for routine dental or medical appointments. Employees may be required to provide a physician's statement regarding their medical condition and indicating that they were seen by a physician and why the employee was not able to work. The University reserves the right to request that employees who are repeatedly absent for illness or injury, be examined by a physician chosen by the University.
Sick leave begins accruing from the first day of employment. Regular exempt and non-exempt employees accrue sick leave at the rate of 12.5/13.33 hours per month or 150/160 hours per year (based on 37.5 or 40.0 hours per week). Regular part-time exempt and non-exempt employees accrue sick leave on a pro rata basis. Paid holidays, vacation, sick leave, and over-time are considered "hours worked" for purposes of calculating sick leave. Regular exempt and non-exempt employees may accrue up to 180 days of sick leave during their employment at the University.
Regular exempt and non-exempt employees may not receive payment in lieu of any unused sick leave and are usually not allowed to borrow from future sick leave accrual. Upon termination, employees will not be paid for their accrued but unused sick leave.
This sick leave policy does not cover Union members of Local No. 70 of the International Union of Operating Engineers.
F.3 REPORTING VACATION AND SICK LEAVE
Non-exempt employees are required to report vacation and sick leave on their time cards and submit the usage to the Payroll Office on a biweekly basis. Exempt employees must report vacation and sick leave usage on a printed "Monthly Vacation and Sick Leave Report for Exempt Employees" form. Employees must obtain their supervisor's signature prior to submitting time cards and reports to the Payroll Office.
F.4 FAMILY AND MEDICAL LEAVE
Employees with at least 12 months of employment and at least 1,250 hours of service with the University during the 12-month period immediately preceding the commencement of the leave may be eligible for a total of 12 work weeks of unpaid family or medical leave during the applicable 12-month period. For purposes of calculating the applicable 12-month period under the Family and Medical Leave Act (FMLA), a "rolling" 12-month period measured backward from the date an employee uses leave under the FMLA will be used. Leave may be taken for one or more of the following reasons:

Because of the birth of the employee's son or daughter and in order to care for the child.
Because of the placement of a son or daughter with the employee for adoption or foster care.
In order to care for the employee's spouse, son, daughter, or parent who has a serious health condition.
Because of a serious health condition that makes the employee unable to perform the functions of the position.
A "serious health condition" usually requires either inpatient care or continuing treatment by or under the supervision of a health care provider.
The employee must follow the University's usual and customary requirements for requesting a leave of absence, including completing a leave of absence request in writing and giving at least 30 days' written notice, where possible. The completed form must indicate why a leave of absence is needed and the anticipated duration of the leave of absence (including starting date and return date).
If an employee requests a leave for the serious health condition of the employee, or the employee's spouse, child or parent, the employee will be required to submit a medical certification form (generally within 15 calendar days of the University's request). The University may require a second and third opinion in certain cases. The employee may also be required to provide reasonable documentation or a statement of family relationship to support a request for family leave.
The employee may be required to make periodic reports regarding their status and intent to return to work. The University may also require the employee to submit subsequent recertification, and if requested, the employee must usually provide the recertification within 15 calendar days after the request.
During the FMLA leave, the employee is required to pay the employee's share of premiums to maintain any health benefits under the University's group health plan. The employee must contact the Department of Human Resources to make arrangements to pay the premiums. Failure to pay the premiums as required may result in termination of the employee's and any dependents' group health benefits.
The leave may be taken on an intermittent or reduced schedule basis for the birth or adoption of a child; for serious health conditions to the employee; or for an eligible family member if medically necessary. The employee must advise the University upon request why such leave is necessary and provide information regarding the schedule for treatment. The employee must attempt to work out a schedule which meets the University's needs without unduly disrupting the University's operations consistent with the advice of the employee's health care provider.
Employees who may qualify for FMLA leave must provide the University with reasonable notice of any changed circumstances which may affect the leave within two (2) business days of the changed circumstances.
Prior to returning from an FMLA leave for the employee's own serious health condition, the employee may be required to submit a release to return to work. The release must be submitted within 15 calendar days of the University's request. Failure to provide the release may delay the employee's return to work.
Employees returning from an FMLA leave may be eligible for reinstatement. However, reinstatement may not be granted in certain circumstances, including "key employees", or in the case of job elimination or other situations.
An employee who needs time off work for any of the reasons covered by this policy should notify and contact the Department of Human Resources for the appropriate forms which need to be completed.
This policy is intended to comply with the FMLA and the terms used in this policy are used as defined by the FMLA and applicable law.
F.5 PARENTAL LEAVE
Employees who have been employed by the University for at least 12 consecutive months immediately preceding a request for parental leave, who have worked for an average number of hours per week equal to one-half the full-time equivalent position in the employee's job classification, who are natural or adoptive parents in connection with the birth or adoption of a child, are eligible for an unpaid leave of absence of up to six (6) weeks. The leave must begin within six weeks of the birth or adoption; however, in cases where the child must remain in the hospital longer than the mother, the leave may begin within six weeks after the child leaves the hospital.
The leave must be requested at least two weeks in advance if possible. The parental leave will be reduced by any period of paid disability leave. This parental leave may run concurrently with family and medical leave. Employees returning from a parental leave are reinstated to the same or a comparable position at the same rate of pay they received when the leave commenced, in accordance with state law.
F.6 SICK-CHILD CARE LEAVE
Employees who have worked for an average number of hours per week equal to one-half the full-time equivalent position in the employee's job classification for at least 12 consecutive months immediately preceding a request for sick-child care leave may use their sick leave accrual provided by the University for absences due to the illness of or injury to the employee's child, for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms that employees are able to use sick leave benefits for their own illness or injury. This sick-child care leave may run concurrently with family or medical leave.
This policy applies only to sick leave benefits payable to the employee from the University's general assets. "Personal sick leave benefits" do not include long-term disability or other salary continuation benefits. Employees returning from sick-child care leave may return to employment in their former position following the leave.
F.7 SCHOOL CONFERENCE AND ACTIVITIES LEAVE
Employees who have worked for an average number of hours per week equal to one-half the full-time equivalent position in the employee's job classification are eligible for an unpaid leave of absence of up to a total of sixteen (16) hours during any twelve month period to attend school-related activities relating to the employee's child, if the activities cannot be scheduled during non-work hours. In accordance with applicable law, if the employee's child receives certain child care services or attends a pre-kindergarten regular or special education program, the employee may use the leave time to attend a conference or activity related to the employee's child, or to observe and monitor the services or program, if these activities cannot be scheduled during non-work hours. When the need for the leave is foreseeable, the employee must provide reasonable notice prior to the leave and must make a reasonable effort to schedule the leave so as not to disrupt the operations of the University.
F.8 BONE MARROW DONATION LEAVE
Employees who work at least 20 hours per week and who want to donate bone marrow may receive a paid leave of absence for that purpose. The University reserves the right to require verification by a physician of the purpose and length of each leave. Combined bone marrow leaves may not exceed forty (40) hours, unless extended by the employee's supervisor.
F.9 FUNERAL LEAVE
Regular full-time and part-time employees may be eligible for a paid leave of absence for up to three days for the purpose of making funeral arrangements or attending the funeral of their spouse, domestic partner, parent or step-mother or step-father, child or grandchild, son-or daughter-in-law, sibling or step-brother or step-sister, mother- or father-in-law, grandparents, or legal guardian. Vacation time or days without pay may also be used to attend funeral services for those not included above, or if more than a three-day absence is necessary.
All regular benefits continue during funeral leave, and there usually is no interruption of holiday pay, vacation or sick leave accruals.
F.10 JURY DUTY OR WITNESS DUTY
Employees who are called for jury duty or to serve as a witness in answer to a subpoena or other court order (unless the proceeding involves a personal or family matter), should notify their supervisor immediately. As required by applicable law, employees are given a leave of absence upon presentation of the jury summons for purposes of responding to the summons, serving as a juror, or attending court for prospective jury service. Employees will generally receive time off with pay for such service, up to a maximum of two weeks. This time off will not be deducted from any accrued vacation. Unpaid leave will usually be granted for the remainder of the employee's jury duty or employees may use accrued paid vacation time.
Upon completion of jury duty, the employee should show the jury check to the Payroll Manager before endorsing. Employees are not required to turn in money received for food, lodging, and transportation expenses. The employee will be issued a check for the difference in jury duty pay and their regular salary for the period of jury duty.
Employees should notify their supervisor upon being excused from jury duty on any day. If jury duty or witness service does not require the entire work day, employees are usually expected to return to work for the remainder of the day. Non-exempt employees will be paid their regular rate for any hours actually worked while excused from jury duty on any day. If exempt employees perform any work for the University during weeks while serving on jury duty, they will be paid in accordance with applicable law.
Employees who may need time off for other personal legal proceedings must take vacation time or a leave of absence without pay, unless the legal proceeding is directly related to the employee's position at the University.
F.11 MILITARY LEAVE
Hamline University provides leaves of absence for eligible employees called to active duty by a reserve branch of the United States Armed forces. The employee or an officer of the uniformed services must provide advance written or verbal notice of such service to the University. Hamline University's policies and guidelines for such leaves are as follows:
Policy

Employees called to active reservist duty or engaged in duly authorized military training may receive the difference, if any, between their military pay and their regular University pay for up to ten (10) working days in a calendar year. During this paid leave of absence, employees will not lose vacation and sick leave accrual or other benefits which normally accrue for active employees. Employees may choose to use any accumulated vacation time for all or part of the period of military service.

Employees who have been continuously employed by the University for at least three months and who are required to perform duty on a voluntary or involuntary basis for three months or longer, will usually receive an amount equal to one month's regular pay, depending on their length of employment.

Employees called to active reservist duty who have exhausted ten (10) working days leave of absence during the calendar year plus one month of regular pay and benefits during a three-month leave, will then be placed on leave of absence without pay. These individuals will accrue service credit while on active duty but will not accrue vacation or sick leave. Employees on leave of absence without pay will retain any accrued vacation or sick leave and will be credited with such balances upon return to active work status.

a. Employees having accrued vacation may opt to exhaust any or all vacation time before being placed on leave of absence without pay. During the time that the employee is on vacation, all benefits and salary remain intact.

b. Employees called to active military duty and placed on leave of absence without pay are not eligible to receive group insurance or retirement plan contributions.

Employees called to military duty may continue group insurance plan participation by making direct monthly payments to Hamline University in the full amount of the premiums due. Upon return to active employment, employees are able to receive retirement plan tenure credit for the eligible time spent in active military duty as defined by the retirement plan's rules and regulations.

Should an employee on leave of absence without pay opt not to continue group insurance plan participation, any evidence of insurability requirements or pre-existing condition limitations which apply to similarly situated individuals will apply to the employee. "War"or "acts of war" insurance plan exclusions and limitations may apply to Reservists called to active duty.

Employees called to active duty are entitled to re-employment upon discharge from active duty under the following conditions: