COLLEGE POLICIES
FACULTY HANDBOOKChapter Five
College
Policies
Chapter Five
The
policies described in this section apply to all faculty and staff
of The University of Virginia's College at Wise.
5.1
NON-DISCRIMINATION POLICY
Consistent
with federal and state law, the College does not discriminate in
any of its programs, procedures, or practices on the basis of age,
color, disability, national or ethnic origin, political affiliation,
race, religion, sex (including pregnancy), sexual orientation, or
veteran status.. The College operates equal opportunity and affirmative
action programs for faculty, staff, and students. UVa-Wise is an
Equal Opportunity/Affirmative Action Employer.
The
Office of Human Resources is responsible for the enforcement of
the College's non-discrimination obligation. A faculty member, staff
employee or student having a complaint of prohibited discrimination
may file a discrimination complaint with Connie Hope, Equal Opportunity
Officer, Resource Center , Room 102, UVa-Wise, 1 College Ave. ,
Wise , VA 24293 , telephone 276-328-0240 or directly to the Office
of Equal Opportunity Programs, The University of Virginia, PO Box
400219 , Charlottesville , VA 22904-4219 , telephone 434-924-3200.
Complaints are to be submitted in accordance with and are subject
to the standards of the “ University of Virginia Discrimination
Complaint Procedures .”
The
Section 504 Coordinator and the College's Americans with Disabilities
Act (ADA) Coordinator is Narda Porter, Zehmer Hall, UVa-Wise, Wise
, Virginia 24293 , 276-328-0177. Students, faculty, and staff may
direct questions and concerns regarding accommodations for persons
with disabilities to the ADA Coordinator.
5.2
EQUAL EMPLOYMENT OPPORTUNITY POLICY
Consistent
with federal and state law, it is the policy of The University of
Virginia's College at Wise not to discriminate in the administration
of any of its educational programs or activities, or with respect
to admission or employment, on the basis of age, color, disability,
national or ethnic origin, political affiliation, race, religion,
sex (including pregnancy), sexual orientation or veteran status.
The College follows the University of Virginia 's affirmative action
and equal opportunity programs for faculty, staff, and students
consistent with resolutions of the Board of Visitors and with federal
and state requirements.
To
carry out this policy, the College takes affirmative action to ensure
that all applicants for employment, and all College employees are
considered equitably in personnel actions such as hiring, compensation,
benefits, transfer, promotion, demotion, layoff, return from layoff,
and training and apprenticeship programs.
The
University has specific policies and procedures to implement this
general policy. The Policy on Discriminatory Harassment states that
such harassment in any form is unacceptable behavior and will not
be tolerated. The Discrimination Complaint Procedures are available
to any faculty member, staff employee, or student having a complaint
of prohibited discrimination.
A
complainant may file a discrimination complaint with the Equal Opportunity
Officer. The Human Resources Office is responsible for the enforcement
of the College's non-discrimination obligation, including dissemination
of the policy. The College is committed to equal opportunity and
affirmative action. A copy of the Equal Opportunity Plans, including
the Equal Employment Opportunity Policy, the Non-Discrimination
Policy, the Policy on Discriminatory Harassment, and the Discrimination
Complaint Procedures, is available for review in the Human Resources
Office, Resource Center , UVa-Wise, 1 College Ave. , Wise , VA 24293
, 276-328-0240.
5.3
DISCRIMINATORY HARASSMENT
As
an employer and institution of higher learning, UVA-Wise seeks to
discharge its legal responsibilities and serve its diverse and talented
community through fair and responsible application of this Policy.
This Policy does not allow curtailment of censorship of constitutionally
protected expression, nor does it attempt to address behaviors that
do not constitute discriminatory harassment. Offensive workplace
behavior that does not violate this Policy should be addressed by
the appropriate supervisor or office.
5.3.1
Definition
Discriminatory
harassment is contrary to College policy and may also be illegal.
The College defines discriminatory harassment as:
-
Conduct
that conditions a person's employment, enrollment as a student,
or participation in College activities on that person's
age, color, disability, sex (including pregnancy), national
or ethnic origin, political affiliation, race, religion,
sexual orientation, or veteran status, unless otherwise
permitted or required by applicable law; or
-
Employment
or academic decisions made in retaliation for a person's
unwillingness to submit to such conduct, or benefits or
privileges provided as a result of such submission; or
-
Conduct
of any type (oral, written, graphic or physical) directed
against a person because of his or her age, color, disability,
sex (including pregnancy), national or ethnic origin, political
affiliation, race, religion, sexual orientation, veteran
status, or participation in a College, state, or federal
discrimination investigation AND which also unreasonably
interferes with the person's work or academic performance
or participation in University activities, or creates a
working or learning environment that a reasonable person
would find threatening or intimidating.
A
person must be in a position of authority to act on behalf of
the College (for example, a supervisor with respect to an employee,
or a faculty member with respect to a student) for parts 1 or
2 above to be applicable. Part 3, however, does not require that
a person misuse College-delegated authority, and applies whenever
such conduct by any person while on College grounds or during
College activities interferes with work or academic performance
or participation in College activities, or creates a working or
learning environment that would be threatening or intimidating
to any reasonable person under the same circumstances. Nothing
herein overrides existing College policy, or circumscribes the
authority of the College to establish policy that is not otherwise
contrary to law.
5.3.2
Responding to Harassment
If
you believe you are experiencing treatment that violates this
Policy, you may take the following steps:
If
possible, clearly tell the harasser to stop. Make a note of what
happened, what you did, and when.
If
you cannot or do not wish to confront the harasser, or your efforts
did not stop the conduct, you may contact your supervisor, the
department chair, or a faculty advisor for help.
You
may also contact the Office of Equal Opportunity Programs at any
time whether or not you have taken the above steps. EOP is the
office responsible for receiving and addressing discriminatory
harassment complaints. You may seek informal help or information
from EOP, or you may file a formal complaint. Information on the
complaint process is provided below.
Regardless
of whether you have done any of the above, you may contact a state
or federal office authorized to receive complaints of discrimination.
EOP can provide information on how to contact these offices.
Note
: The University maintains a fair
and responsive method for reporting and addressing complaints
of discrimination, but your assistance is critical to helping
the University learn of and address problem behavior.
5.3.3 Supervisor
Responsibilities
Supervisors
are responsible for communicating the College's Policy on Discriminatory
Harassment to employees, and for taking action when they observe
or hear of incidents that may violate this Policy. A supervisor
must:
Be receptive and open to concerns of harassment.
Know and be able to explain the College's policy and employees'
or students' options.
Take action suitable to the circumstances, which
may include among other things, talking to persons involved or
witnesses, examining other evidence, or arranging for training.
Contact EOP for assistance or to refer matters
that have not been resolved.
Make sure that persons who have raised concerns
of discriminatory harassment in good faith are not subject to
retaliation.
Monitor situations that have been addressed, and
follow-up if necessary.
Note:
Supervisors who do not appropriately
handle reports or incidents of discriminatory harassment, or do
not refer them to EOP, will be subject to disciplinary action.
Formal Complaint Process
Formal
complaints of discriminatory harassment may be filed with the
Office of Equal Opportunity Programs. EOP's procedures for processing
harassment complaints are described in the brochure entitled “Discrimination
of Complaint Procedures,” which is also available on the website
at www.virginia.edu/eop/
EOP
requires that complaints be in writing and made within 300 days
of the last allegedly discriminatory action, but both requirements
may be waived at EOP's discretion under appropriate circumstances.
EOP
will:
Respond to every complaint of discriminatory harassment;
If investigations are conducted, act impartially
considering the interests of all parties;
To the extent practicable, protect the privacy
of all parties and the confidential nature of the complaint; and
In the case of formal complaints that are not resolved
through negotiation, issue a report to both parties, the Chancellor
and the relevant Vice Chancellor containing findings and conclusions,
and recommending appropriate actions depending upon the circumstances.
Remedies
If
it is determined that discriminatory harassment is occurring or
has occurred, the University may take any or all of the following
actions: making sure that the discriminatory conduct stops; imposing
disciplinary action up to and including termination of employment
or dismissal from the University; other corrective action such
as counseling or training; and steps such as reinstatement, hiring,
reassignment, promotion, training, back pay or other benefits
as are necessary.
5.4
CONFLICT OF INTEREST POLICY
Faculty
members are public officials whose professional activities may create
situations in which their private or personal interests are potentially
in opposition to their official responsibilities. A faculty member
must be sensitive to the potential for conflict of interest situations
and act in a manner to minimize their effects.
As
a matter of state law and College policy, it is the responsibility
of faculty members to avoid being in a position of authority over
a spouse, a member of the immediate family or an individual sharing
the same household who also is employed by the College. A faculty
member and his or her spouse or another member of the immediate
family may both be employed by the College, so long as the faculty
member does not exercise any control over the employment conditions
and activities (such as initial appointment, retention, promotion,
tenure, salary, leave of absence, grievance advantage) of the spouse
or relative. Furthermore, the state Conflict of Interests Act permits
dual employment of spouses or other immediate family members, in
the following limited circumstances: (a) if both the employee and
the family member are in teaching, research, or administrative support
positions; (b) if the Board of Visitors finds that it is in the
best interests of the institution and the Commonwealth for such
dual employment to exist; and (c) if the Board of Visitors ensures
that neither the employee nor the family member supervises, evaluates,
or otherwise participates in personnel decisions regarding the other.
As
a matter of sound judgment and professional ethics (see Section
4.10.2), faculty members have a responsibility to avoid any apparent
or actual conflict between their professional responsibilities and
personal interests in terms of their dealings or relationships with
students. It is the responsibility of faculty members to avoid being
placed in a position of authority - by virtue of their specific
teaching, research, or administrative assignments - over their spouses
or other immediate family members who are students at the College.
It is also the responsibility of faculty members to avoid engaging
in sexual relationships with or making sexual overtures to students
over whom they are in a position of authority by virtue of their
specific teaching, research, or administrative assignments. In this
context, the term "faculty members" broadly includes all
full-time and part-time College personnel who hold positions on
the academic or general faculty, as well as all teaching fellows,
graders, and coaches. These professional constraints derive from
AAUP ethical standards and the College's policy prohibiting conflict
of interests, in order to ensure that the evaluation of students
is conducted fairly and without any perception of favoritism or
bias. Equally compelling is the interest in avoiding potential harm
to students as well as the liability that could occur, for example,
if facts regarding a sexual relationship or sexual overture are
demonstrated that support a legal claim of sexual harassment by
either party. (See Section 5.3).
The
Conflict of Interests Act also currently contains other pertinent
provisions. For example, a College employee may be allowed to have
a contract with another state agency if the contract is awarded
through a competitive process and the employee discloses the employee's
personal interest in such a contract to the administrative head
of that agency. Except under extraordinary circumstances, the College
does not buy goods or services from faculty or staff members. Should
an occasion arise where such a purchase appears to be in the best
interest of the College, the department should contact the Vice
Chancellor for Finance and Government Relations and the Provost.
An employee is prohibited from soliciting or accepting money or
any other item of value for performing official duties, except the
compensation or expenses paid by the College. Under the Act, an
employee of the College may not use for his own economic benefit
confidential information not available to the public and acquired
by reason of his/her position.
In
accordance with the Act and the Ethics in Public Contracting section
of the Virginia Public Procurement Act, College employees must not
accept personal gifts of any kind, including food and beverages,
travel, and tickets to sporting and cultural events, from firms
with which the College does business. Gifts of goods or services
to the College or to an employee cannot influence the selection
of a vendor to provide goods or services to the College. Offers
of incentives, free goods and services, gifts, and coupons should
be reported to the Associate Vice Chancellor for Finance and Governmental
Relations and the Provost.
The
technical details of these and other conflict of interests situations
are set forth in the University of Virginia Policies and Procedures
Manual and in the Code of Virginia , which should
be consulted by all faculty members who may be involved in any such
situation. Failure to abide by the conflict of interest principles
described above can have serious consequences. Violations of the
employment-based restrictions contained in the State Conflict of
Interests Act may lead to civil, and if willful, criminal penalties,
as well as termination from state employment. Breaches of professional
ethics standards (e.g., an abuse of the faculty member's authority
over students) may also prompt disciplinary action.
Fraudulent
Transactions
A
deliberate action to obtain an unauthorized personal benefit is
a fraudulent transaction. This might include misappropriation of
cash or property, unauthorized use of College property, unauthorized
use of College employees to perform non-College business, or use
of the College telephone system for personal long distance telephone
calls. All personnel are responsible for reporting any fraudulent
transactions to the Campus Police, the Associate Vice Chancellor
for Finance and Governmental Relations, and the Provost.
5.5
SOLICITATION OF GRANTS and CONTRACTS
All
solicitations of grants and contracts must be made in the name of
"The Rector and Visitors of the University of Virginia "
and authorized by one of the officials designated to sign sponsored
program documents on behalf of the College. When processed in this
way, the College is legally and financially responsible for fulfilling
the contracted requirements of the sponsoring agency. Faculty
members are not authorized to sign contracts on behalf of the College.
Only the Chancellor is authorized to do so. An unauthorized person
signing a contract in the College's name may be held personally liable
for the contract.
All
grant and contract solicitations must be cleared through College administrative
channels before submission to a potential funding agency. The channels
include the principal investigator who is proposing the research,
the Department Chair, the Academic Dean, the Provost, and the Chancellor.
The Academic Dean and the Provost are responsible for certifying that
the proposal is consistent with the educational and research objectives
of the department and the College, that the faculty time allocated
is appropriate, and that the various resources available to conduct
the proposed research activities are adequate. Once approved by the
Provost, a proposal must be reviewed and approved by the Grants Accountant
before being presented to the Chancellor. The Chancellor signs the
proposal on behalf of the College, only after all of these steps have
been followed.
Once
a grant or contract has been awarded, the award document will be reviewed
by the appropriate administrative channels to be sure that the grant
or contract does not contain any restrictions or obligations that
are contrary to College policies and procedures. It will then be accepted
by the Chancellor on behalf of the College. All award documentation
must be forwarded to the Grants Accountant upon receipt.
5.6
PATENT POLICY
As
a condition of employment, the College requires all persons engaged
in research to sign the Patent Policy Agreement. This agreement
specifies the rights and obligations of both parties when a patentable
product is produced in the course of research activities for which
an employee has been compensated by or through the College or has
used facilities owned, operated, or controlled by the College. The
policy of the College is to consider and, where appropriate, assist
in the patenting and commercial development of discoveries or inventions
that are the product of College research. This policy is intended
to provide incentive for creative intellectual effort, to ensure
that the respective interests of the faculty member, the College,
any supporting sponsor, and society are considered and protected
through the development of fair contracts and procedures; to assist
the researcher and the College to realize tangible benefits from
inventions or discoveries; and to advance and encourage further
research.
The
faculty member is responsible for timely and responsible disclosure
of potentially patentable inventions and discoveries. At present
the policy provides that the inventor will receive 15 percent of
the gross royalties that accrue from inventions for which the College
obtains a patent. The College assigns patents to a patent management
firm, such as the University of Virginia Alumni Patents Foundation
, which negotiates licensing agreements and royalty rates. The College
will normally relinquish any claim to an invention or discovery
that is judged not to be a product of College-sponsored research.
The University of Virginia Policies and Procedures Manual
outlines the Patent Policy in much greater detail.
The
College is committed to maintaining traditional incentives for scholarly
work and its dissemination while protecting, within the framework
of copyright law, the rights of individuals and the College. Faculty
members may write and produce copyrightable materials, copyright
those materials, and receive royalties that result from their use.
Such materials include, but are not limited to books, articles,
artwork, computer software, film and videotape. Faculty members
shall retain all rights related to copyright ownership of materials
that they have prepared on their own initiative.
The
Copyright Act of 1976 provides that when a person is employed by
someone else to produce a copyrightable work, the employer, not
the work's creator, is the author for copyright purposes. Generally,
the College will claim an interest in such works only when their
creation was part of administrative duties or a specific assignment
made by a chair, dean, or other College administrator. A faculty
member's general obligation to produce scholarly works does not
constitute such a College assignment. Students who are not College
employees own any copyrightable works developed in connection with
course work.
Any
potentially valuable, copyrightable materials in which the College
may have an interest should be reported by the author through the
Department Chair and the Academic Dean to the Provost, who is responsible
for administering the copyright policy.
5.8
COPYING OF COPYRIGHTED MATERIAL
Federal
copyright law restricts the degree to which a copyrighted item may
be reproduced. For example, a single copy may be made for teaching,
research, or classroom preparation purposes. Multiple copies may
be made provided each copy includes a notice of copyright
and if such copying meets certain tests of brevity,
spontaneity, and cumulative effect. An explanation of these terms
is given in the University of Virginia Policies and Procedures
Manual . In general, short items - articles, illustrations,
poems - may be copied if there is too little time before they are
to be used to request permission for their use from the copyright
owner. Such copying should be limited to a single copy per student
per semester with a limit of nine instances of multiple copying
for one course during a semester. Such copying should not be repeated
semester after semester.
At
the request of a faculty member, the library may copy and place
on reserve excerpts from copyrighted works if the library follows
the guidelines of the copyright policy. The librarians may be consulted
about these guidelines. Restrictions of the copyright law also apply
to materials reproduced by the Print Shop.
A
faculty member who wishes to request permission to use copyrighted
materials in a way that lies outside these guidelines should seek
permission of the copyright owner. Detailed procedures may be obtained
from the college librarians.
5.9.1
Software Copyright Policy
It
is the policy of the College to respect the copyright protections
given by federal law to owners of digital materials and software.
It is against College policy for faculty, staff, or students
to use College equipment or services including, but not limited
to the College network, to access, use, copy or otherwise reproduce,
or make available to others any copyright-protected digital materials
or software except as permitted under copyright law (especially
with respect to “fair use”) or specific license.
The
software provided through the College for use by faculty, staff,
and students may be used only on computing equipment as specified
in the various software licenses.
The
College regards violation of this policy as a serious matter,
and any such violation is without its consent and is subject to
disciplinary action. Repeated violations will result in
loss of computing privileges, among other sanctions.
5.9.2
Computer Usage Policy
Everyone
within the College community who uses College computing and communications
facilities has the responsibility to use them in an ethical, professional
and legal manner. This means that users agree to abide by the
following conditions:
Respect for intellectual property rights (e.g.,
as reflected in licenses and copyrights) and ownership of
data.
The integrity of the systems must be respected.
This means that users of systems will not divulge passwords,
pins, private keys or similar elements to anyone else, and
they will not exploit sessions left open or otherwise misappropriate
or steal the "identity" of another user.
Privacy of other users must not be intruded
upon at any time.
Users must recognize that certain data are
confidential and must limit their access to such data to uses
in direct performance of their duties.
The rules and regulations governing the use
of facilities and equipment must be respected. Persons responsible
for computing devices connected to the network will ensure
that those devices are maintained in a secure state in accord
with related policy.
No one shall obtain unauthorized access to
other users' accounts and files.
The intended use of all accounts, typically
for College research, instruction and administrative purposes,
must be respected.
Users shall become familiar with and abide
by the guidelines for appropriate usage for the systems and
networks that they access.
Respect for individuals' rights to be free
of intimidation, harassment, and unwarranted annoyances.
Access to College computing and communications
equipment and facilities may be revoked for reasons including,
but not limited to, attacking the security of the system,
modifying or divulging private information such as file or
mail contents of other users without their consent, modifying
or destroying College data, or using the national networks
in a manner contrary to the established guidelines. Revocation
of access may be done at any time by College system administrators
in order to safeguard College resources and protect College
privileges.
If abuse of computer systems occurs, those
responsible for such abuse will be held accountable and may
be subject to disciplinary action.
5.9.3
Retention of Computer Files
It
is the responsibility of each individual user to backup, to an
appropriate medium, and/or make a copy of any electronic mail
and/or personal documents that they deem important. The
College regards electronic mail and network servers as a method
and means to enhance communications and work flow among students,
faculty and staff. It is not the responsibility or policy
of the College to retain personal email and documents.
All records should be retained in accordance with the College
policy on records retention and disposition and the Code of Virginia.
Records that are retained by an individual, even if they
are retained on an electronic medium, are subject to the Virginia
Freedom of Information Act and the Privacy Act.
5.9.4
Data Security
It
is the responsibility of every individual who uses the College
computing network to protect and maintain a secure working environment.
This includes privately owned computers that attach to
the College network. These responsibilities include but
are not limited to:
Installing antivirus software and maintaining
current virus definitions.
Regularly backing up your data files on removable
media such as floppy disks,
CD's, Zip cartridges, etc. NOTE:
More than one copy of important files is
highly recommended.
Do not share your login ID or password with
anyone. (That includes writing
them down on a “post it” and attaching
it to your monitor.)
Abiding by all laws, policies and guidelines.
Installing only properly licensed software.
Refer
to section 5.9.2 Computer Usage Policy for additional guidelines
for securing the network. Anyone who has reason to suspect
a deliberate or significant breach of established security policy
or procedure should promptly report it to the Director of Information
Technology at ext. 4578 or send an email to abuse@uvawise.edu
.
5.10
SOLICITATION OR ACCEPTANCE OF GIFTS AND BEQUESTS
The
term "gift" refers exclusively to private gifts or contributions
from private sources including individuals, foundations, or corporations
from which no goods or services are expected and in which no proprietary
interests are to be retained by the donor.
The
Office of Development and College Relations is responsible for encouraging
strong financial support for the College and is staffed to advise
and assist faculty, departments, and the College in securing greater
private support. The development office is the general clearing house
for all fund-raising activities throughout the College and is responsible
for coordinating private fund-raising efforts. Before any program
of fund-raising from private sources is initiated, plans should be
discussed with the Office of Development and College Relations as
well as appropriate academic leaders before approaching the Vice Chancellor
for Development for approval.
Private
contributions to the College may be for the general purposes of the
College as a whole or for the specific use of the College, an individual
department, a particular program, area of study, or facility. Gifts
may be made directly to the College or to the UVa-Wise Foundation.
No foundation can be established without the approval of the Board
of Visitors.
5.11
POLICY ON OVERLOAD/CONSULTING
This
policy sets an institutional maximum on the number of days that a
faculty member may spend in paid professional activity while on faculty
salary. The Provost may set lower limits in individual cases, but
the institutional limits may not be exceeded. The following policy,
administered by the Provost, applies to both College Faculty and General
Faculty. Full-time faculty members may consult for supplemental compensation
outside of the College and, under exceptional circumstances, for internal
overload responsibilities within the College as part of their employment
contract. This privilege may not exceed an average of one day in seven
calendar days during the period of academic employment. Faculty members
who hold administrative appointments may undertake external consulting
or internal overload responsibilities only with the approval of the
Academic Dean and the Provost, or, in the case of the Academic Dean
or a Vice Chancellor, the Chancellor.
External
consulting is construed in the broad sense as outside professional
activity in which faculty engage for compensation. Such activity should
further the professional development of the individual in a way that
will enhance the faculty member's contribution to the College. Only
activities implied by the above definition are included in the consulting
privilege of a fully-employed faculty member. Outside employment or
self-employment that detracts from a faculty member's capability to
carry out responsibilities as a full-time employee are in conflict
with College policy.
The
College has no interest in the amount of compensation faculty members
receive from external consulting, but the Chancellor, acting through
the Provost, is accountable for the amount of time that
faculty devote to outside activities, for deciding questions about
potential conflicts of interest, and for deciding if any outside activity
will jeopardize fulfillment of the obligations assumed by election
to the faculty. Therefore, faculty members are required to report
the sources and extent of their consulting activities to the Academic
Dean and the Provost on an annual basis.
Public
service and activities in professional organizations that are related
directly to an individual's position at the College are considered
a normal part of the responsibilities of a faculty member, and they
are not chargeable against the permissible consulting privilege.
The
possibility of internal overload responsibilities that may be undertaken
for supplemental compensation arises from the consulting policy and
the needs of the College for delivery of continuing education, public
service, and research programs that cannot be included within the
normal duties of a faculty member. Faculty deliver most services as
part of their ordinary duties, but when the intended task clearly
lies outside of the faculty member's normal responsibilities, as determined
by the Provost or the Chancellor, internal overload for supplemental
compensation may be approved. (See section 4.8.4).
During
the academic session when a faculty member is on regular salary, the
total time permitted for both external consulting and internal
overload assignments together may not exceed one day in
seven. This is equivalent to 39 days during the regular academic session
and 13 days during the summer, if the faculty member is employed during
the summer. For teaching activities, a consulting day consists of
both preparation time and contact teaching hours. Three contact teaching
hours equals one consulting day under this policy. Both credit and
non-credit activities are computed on a contact hour basis, and the
rates of pay are established annually by the Provost and the Chancellor.
A
maximum of 50 contact hours of overload per semester is normally permitted
for credit, non-credit, or a combination of credit and non-credit
teaching. The Provost, with concurrence of the Chancellor, may approve
up to the full consulting privilege of 58.5 contact hours for a given
semester. The internal overload for a three-credit hour course is
equivalent to 45 contact hours or 15 consulting days under this policy.
The rate of compensation may vary up to a maximum 120 percent of the
faculty member's daily salary rate, but in no case will the compensation
per course exceed that authorized by the Provost and the Chancellor.
Faculty
members who are employed full-time on salary or wages during the summer
will normally be permitted to engage in 33 contact hours of overload
activity, or a maximum of 39 contact hours with concurrence of the
Provost. A faculty member's total compensation during the summer
may not exceed 33 percent of the regular nine-month salary during
the previous academic session, except for duties approved on an overload
basis.
The
Chancellor and the Provost are responsible for implementing these
policies through established administrative procedures.
5.12
POLITICAL and CIVIC ACTIVITY
A
faculty member is entitled to engage freely in political and civic
activity. This engagement should be consistent with obligations
as a teacher and scholar and with the principles of academic freedom.
The political and civic positions assumed by members of the faculty
are personal ones, and faculty members must ensure that they do
not necessarily, nor even inferentially, imply that such positions
are endorsed by the College. For this reason, a faculty member
must avoid expressing such political and civic positions using
College resources, i.e., letterhead stationery.
Many
kinds of political and civic activity are consistent with effective
public service and the College encourages such service. Some activities
may involve so much time as to affect adversely the faculty member's
ability to perform expected academic responsibilities. In that
situation a faculty member should seek a leave of absence. The
Provost and the Chancellor are responsible for determining whether
a given kind of public service will require modification of a
faculty member's full-time employment status or will require some
form of leave of absence. Such a leave of absence, should it be
required, shall not affect unfavorably the tenure status of a
faculty member.
The
Board of Visitors has established a policy on campaigning for
and serving in an elected public office. A faculty member who
becomes a candidate for the General Assembly must take a leave
of absence without pay during both primary campaigns and general
elections, and, if elected, during the time that the General Assembly
is in session. Any other time devoted to legislative business
must conform to the limits on consulting activity. A faculty member
who holds an administrative position is governed by the same policy,
except that a leave of absence must be taken from the administrative
position during any election campaign, and, if elected, the administrative
position must be relinquished at the beginning of the elective
office.
5.13
GOVERNMENTAL RELATIONS
Any
faculty member is free to communicate with members of the General
Assembly or Congress, or other elected officials, but in doing
so must be careful to distinguish personal opinion from
the position or policy of the College. In particular, a faculty
member must avoid expressing such an opinion on College letterhead.
State
law and directives from the Office of the Governor require the
College to designate official spokesmen to represent its positions
to the General Assembly and to coordinate its legislative proposals
through the governor's secretaries. The Chancellor and his designees
are the spokespersons.
5.14
PRESS AND COMMUNICATIONS
The
College communicates its activities openly to the public, principally
through mass media and on the College web site. The Office of
College Relations releases news and videotape about the College
to the print and electronic media. Media requests for information
should be directed to College Relations. An exception to this
policy is sports information, which is handled by the Sports
Information Director in the Athletics Department.
Departments
and/or faculty who have news regarding conferences and events,
recently published books, new research, awards, student accomplishments,
or other information of public interest should inform the Office
of College Relations. The director will provide advice and consultation
in planning external communications and media contacts. Please
contact the Director at least three weeks in advance for assistance
with press releases, printed programs, posters and other promotional
materials needed for campus events.
The
Vice Chancellor for Development and College Relations, or his
designee, is the official spokesperson representing the College
in all emergency situations. The Chancellor has responsibility
for the College's compliance with the Virginia Freedom of Information
Act. All FOI requests should be forwarded immediately to
the Executive Assistant to the Chancellor, who serves as the compliance
officer. Faculty members are free to communicate with the media
as private citizens in matters not directly related to the College.
5.15
WORK STOPPAGE BY FACULTY
Section
40.1-55 of the Code of Virginia provides that any employee
who engages in a strike (by abstaining, impeding, or suspending
activity of the employing agency) in concert with two or more
other employees is considered automatically to have terminated
employment. Such a person is not eligible for re-employment by
the state during any part of the next twelve months.
5.16
PURCHASE ORDERS /REQUISITIONS
State
statutes and policies control the procurement of all supplies,
equipment and services. College Services implements all guidelines
and procedures for carrying out these statutes and policies. Please
contact your department secretary and/or College Services for
these guidelines and procedures. Purchases made without proper
approval and procedure could prevent the vendor from being paid
through the use of state funds and require the individual placing
the order to be held liable for payment to the vendor.
5.17
REIMBURSEMENT OF EXPENSES
With
prior authorization, certain expenditures that a faculty member
may make are reimbursable. These include travel expenses on College
business, authorized relocation or moving expenses, and some petty
cash expenditures. Reimbursement for Christmas cards, club
membership, parking lot rental fees and parking tickets/fines
are prohibited regardless of the source of funds. Other types
of expenditures, such as gifts and flower arrangements, are allowed
from local funds under special circumstances with appropriate
approval.
The
College encourages faculty to attend meetings of professional
associations. For this purpose and other professional development
activities, the College annually provides a limited amount of
funds to academic departments. The Department Chair is responsible
for setting the policies that determine the allocation of these
funds. Travel reimbursements from state funds, sponsored program
funds, and private gifts are all controlled by the same policies
and procedures.
Faculty
may travel from their normally assigned location or "base"
to and from another location, at College expense, to accomplish
official business for the College. Local travel which does not
involve expenses for meals or lodging, and which is considered
a normal function of the employee's position does not require
additional authorization. However, faculty must complete the Proposed
Travel Pre-approval Form for all other travel and obtain the approval
of the Provost and Senior Vice Chancellor prior to
the trip . Failure to obtain the approval of the
Provost may cause the faculty member to be held personally liable
for any expenses incurred in the name of the College and/or to
repay the College for any charges paid by the College. Travel
expenses for official business may be reimbursed to the degree
that they have been previously authorized and if funds are available.
Travel by private or chartered airline requires prior written
approval.
5.18.1
Travel Requiring Advance Approval of the
Chancellor
Anyone
proposing travel which will require reimbursement from a state
account must prepare an estimate of the total cost, including
all costs associated with transportation,
lodging, meals, associated gratuities, conference registration,
and training or course fees. Advance approval of the Chancellor
is not needed in the case where the total cost of the trip does
not exceed $500. In the event that a trip not expected to exceed
$500 does in fact exceed this amount, an explanation will be
required demonstrating why the original estimated cost was exceeded.
5.18.2
Conventions and Conferences
Except
for officers of sponsoring organizations and presenters on the
convention or conference program, no more than two persons may
attend any single convention or conference that requires an
overnight stay. Exceptions to this policy require the approval
of the state Secretary of Education.
5.18.3
Out of Country Travel
All
out-of-country travel must have prior
approval before departure. This involves completion of the appropriate
form which details the travel destination, cost of the travel
and source of funding, the reason for the travel, and the expected
benefit of the travel to the College. This form is available
in the office of the Provost. It must be signed by the
Provost and the Chancellor. The request form will then be forwarded
to the Provost's office at U.Va for approval.
5.18.4
Meal and Lodging Expenses
Travelers
should limit meal expenses to reasonable, moderate costs, and
request government rates at hotels. Travelers should select
lodging in the economy class. Cost of meals will not be reimbursed
unless the travel requires the traveler to be away from home
overnight as evidenced by a hotel bill. Maximum rates of reimbursement
of in-state and out-of-state lodging and meals are set by the
Commonwealth of Virginia and reimbursement shall be in accordance
with applicable regulations.
5.18.5
Payment of Travel Expenses
Travel
expenses for official College business may be paid through
various methods to the degree that they have been previously
approved and the availability of funds. Airline tickets may
be charged to the American Express Purchasing Card, or paid
by the traveler and then reimbursed on the Travel Reimbursement
Claim form. Airline tickets may not be charged to the College.
Conference registration fees may be charged to the American
Express Purchasing Card, not to the American
Express Travel Card. Some expenses can be directly billed
to the College. Faculty members may obtain an American Express
travel card to pay for ground transportation, registration
fees, meals, etc. by completing an application with the Cashier's
Office. The expense voucher must be presented for payment
within 8 days from completion of
the trip, or in the case of continuous travel, within
8 days of the last date of travel. Expenses
must be itemized and supported by receipts or paid
bills covering hotel accommodations, automobile
rentals, and transportation. The billing procedure usually
allows time for filing travel reimbursement forms and receipt
of the reimbursement check before the American Express bill
becomes due. Additional information regarding travel guidelines
may be obtained from the UVa-Wise Office of Accounting Services
and the University of Virginia Policies and Procedures
Manual .
5.19
USE OF COLLEGE VEHICLES
When
approved by the department head, faculty and staff who have a valid
operator's permit may use College vehicles when traveling on official
College business. Under certain conditions, students may also operate
College vehicles when pre-approved by the Campus Police and when
traveling on official College business. All users are responsible
for operating the vehicle in a safe and courteous manner, for all
traffic citations incurred while the vehicle is assigned to them,
for damages resulting from misuse, abuse, or negligence, for reporting
needed repairs and maintenance to Fleet Management, and for reporting
accidents to the State Police and Campus Police. Use of a state
vehicle for personal business or pleasure or transporting hitchhikers
is strictly prohibited. Currently, vehicle request procedures are
being updated. Please contact Procurement Services, Fleet Management
at 328-0101 or 328-0143 for procedures and forms.
5.19.1
Vehicle Safety Belt Policy
All
College personnel must wear safety/seat belts at all times while
operating College/State vehicles/equipment in or on which such
belts are provided. Removal, cutting, or to any other way render
safety/seat belt systems inoperable is strictly prohibited. This
policy is entirely for the benefit of users, and its sole aim
is to reduce injuries in the case of an accident. The safety and
protection of persons will more than compensate for the inconvenience
of "buckling up".
Persons
who are ticketed for failure to wear a safety belt may be denied
further use of College or State vehicles or equipment, regardless
of the impact this may have on the person's continued employment
or association with the College.
5.20
USE OF COLLEGE EQUIPMENT
The
following policy statements address the use of College-owned equipment
by faculty, staff, and students for personal or commercial purposes;
and the use of such equipment by individuals and organizations who
are not part of the College community. The intent of this policy
is to ensure that any extracurricular use of equipment is consistent
with the purpose, mission, and goals of the College.
"College
community," as used herein, includes the College, its departments,
service units, affiliated or related organizations and foundations,
faculty members, staff members, students, groups of students, and
institutionally approved student organizations.
The
administrative head of each unit of the College, or the head of
a subunit when so delegated, is responsible for the control and
accountability of use of all equipment assigned to the unit and
for assuring that use of the equipment is consistent with this policy
and the purpose, mission, and goals of the College.
College
equipment may not be used by College faculty, staff, or students
for personal purposes unrelated to the College's mission or for
commercial purposes. Likewise, College-owned and provided consumable
materials and supplies may not be used for such personal purposes
or commercial purposes.
Personal
activities related to teaching, scholarship and research, or public
service promote the College's mission. Accordingly, faculty and
staff members may be granted the privilege of occasional and reasonable
use of college equipment in connection with their personal academic
pursuits and professional development, provided the College incurs
no unreasonable costs for materials and supplies, maintenance, and
repairs. Approval of these situations are made on a case-by-case
basis.
Use
of College equipment by individuals and organizations not part of
the College community is not permitted unless the responsible unit
head approves a user request form. Such a form may be approved only
when the use meets one of the following criteria:
1.
The use is in connection with approved College-sponsored
activities, events, or
services.
2.
The use is part of a contractual agreement between
the College and a government agency, a private business, or another
educational institution; and the agreement has been reviewed for
consistency with College policy relative to competition with the
private sector and unrelated business income by the administrative
head of the related unit.
3.
The use is by official visitors to the College and is appropriate
to the purpose of the visit.
a.
The use is in connection with a public service activity and
the equipment does not exist elsewhere or is not reasonably
otherwise available to the user.
The
unit head responsible for the equipment may establish a user fee,
when appropriate, with the approval of the Office of Accounting
Services and the Provost.
College-owned
equipment may be taken home by College faculty, staff, or students
for College business only with the approval of the appropriate
unit head.
Faculty
members must also distinguish between their general obligations
as scholars to produce and disseminate knowledge and their personal
interests when using College resources such as College letterhead,
|