Operating Procedures - Part 3: Personnel - Part 1

1. Non discrimination, Sexual Harassment, and Sexual Misconduct Policy

1.1 Statement of Policy

The University of Texas of the Permian Basin is committed to the principle that the working and learning environment provides equal opportunity to all of the University’s faculty, staff and students and should be free from inappropriate conduct of a sexual nature. In accordance with federal and state law, the University prohibits unlawful discrimination on the basis of race, color, religion, national origin, age, disability, citizenship, and veteran status. Sexual harassment and sexual misconduct are unprofessional behaviors and individuals who engage in such conduct will be subject to disciplinary action up to and including termination.

Every supervisor, administrator, and University official should promptly report alleged incidents of discrimination, sexual harassment, or sexual misconduct that come to their attention to the Dean of Students in cases involving students, or to the Director, Office of Human Resources, for all other situations.

1.11 Scope of Policy

This policy applies to all faculty members, administrators, staff, students, and applicants for employment or admission of The University of Texas of the Permian Basin. It applies not only to unwelcome conduct that violates state and federal laws concerning sexual harassment but also to inappropriate conduct of a sexual nature. It is also applicable regardless of the gender of the complainant or the alleged harasser. This policy is the principal prohibition of all forms of discrimination on campus, except as follows:

Complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, and the interpretation or application of a rule, regulation or policy that do not involve allegations of discrimination are governed by Handbook of Operating Procedures, Part 3, Section 16, Grievance Policies and Procedures.

1.12 Options to Address Concerns or Complaints

1.121 The University of Texas of the Permian Basin provides informal intervention and formal complaint procedures that individuals may use to address concerns or complaints. The informal process described in this policy may be used as a prelude to filing a formal complaint, or as an alternative. It is not necessary that the informal option be used. Anyone who believes that he or she has been subjected to sexual harassment may immediately file a formal complaint by following the procedures outlined in this policy. Individuals may have a person of their choice assist them with the process.

1.122 Information is available in the Office of Human Resources to assist members of the University community:

1.1221 help the complainant understand the definition of discrimination and sexual harassment and determine if the alleged conduct, if true, would constitute discrimination or sexual harassment;

1.1222 explain the various informal and formal options available to the individual; and

1.1223 identify various support services available to the individual.

1.123 Counseling services are available through the Office of Human Resources and the Employee Assistance Program to employees who have complaints about sexual harassment or sexual misconduct.

1.124 Any investigation revealing that a claim of sexual harassment or sexual misconduct was based upon maliciously false information will result in disciplinary action up to and including termination for the individual making such false statements.

1.13 Retaliation Prohibited

A faculty member, staff or student who retaliates in any way against an individual who has brought a complaint in good faith pursuant to this policy or an individual who has participated in good faith in an investigation of such a complaint is subject to disciplinary action up to and including termination.

1.14 Confidentiality

The University of Texas of the Permian Basin will endeavor to maintain confidentiality to the extent permitted by law. Where the complainant’s desire to maintain anonymity may constrain attempts to establish facts and eliminate the potential discrimination or harassment, the University will attempt to find the right balance between the complainant’s desire for confidentiality with the responsibility of the University to provide an environment free of discrimination and harassment. However, the University may take more formal action to ensure an environment free of discrimination, sexual harassment or sexual misconduct.

1.2 Informal Intervention

1.21 Requests for informal intervention should be directed to the Office of Human Resources, Director or Dean of Students. Individuals are provided assistance to attempt to resolve possible discrimination or harassment if he or she does not wish to file a formal complaint. Such assistance includes developing strategies for the individual to effectively inform the offending party that his or her behavior is inappropriate or unwelcome and should cease; action by an appropriate University official to stop the unwelcome conduct; or mediation. However, the University may take more formal action to ensure an environment free of discrimination, sexual harassment or sexual misconduct. This action may include an interview with the offending party or additional University-wide training. The University will document the existence and resolution of informal interventions. The Office of Human Resources Director or Dean of Students, as appropriate, shall review the status of requests for informal intervention that have not been resolved within 60 days and document the reason for delay of resolution. Such documentation will be retained by the Office of Human Resources Director or Dean of Students, as appropriate, and will be kept confidential to the extent permitted by law.

1.3 Formal Complaint Procedures

The following are the steps that an individual must follow in the formal complaint procedure.

1.3l Filing a Formal Complaint

(This complaint procedure also constitutes the grievance procedure for complaints alleging unlawful sex discrimination required under Title IX of the Education Amendments of 1972. As used herein, “complaint” is synonymous with “grievance”.

A written complaint must be filed within thirty (30) calendar days of the occurrence of the alleged violation. In the case of a currently enrolled student, if the last day for filing a complaint falls prior to the end of the academic semester in which the alleged violation occurred, then the complaint may be filed within fifteen (15) calendar days after the end of the semester.

When the accused individual is a student, the complaint must be made to the Dean of Students. All other complaints must be submitted to the Office of Human Resources Director. In no case will a complainant be required to report such behavior to the person accused of the misconduct. If a supervisor receives a complaint, he or she will immediately notify the Office of Human Resources Director. The Office of Human Resources Director or the Dean of Students will advise the complainant of the procedures for filing a formal complaint,

To initiate the investigation process, the complainant should submit a written statement setting out the details of the conduct that are the subject of the complaint including the complainant’s name, signature, and contact information; the name of the person directly responsible for the alleged violation; a detailed description of the conduct or event that is the basis of the alleged violation; the date(s) and location)s) of the occurrence(s); the names of any witnesses to the occurrence(s); the resolution sought; and any documents or information that is relevant to the complaint. While an investigation may begin on the basis of an oral complaint, the complainant is strongly encouraged to file a written complaint. When a supervisor or the Dean of Students receives a written complaint, he or she will immediately notify the Office of Human Resources Director.

1.32 Complaint Investigation

The Dean of Students or the Office of Human Resources Director, as appropriate, will investigate all complaints. If the complaint is not made in writing, the investigator will prepare a statement of what he or she understands the complaint to be and seek to obtain verification of the statement from the complainant. A failure to investigate and take appropriate action is a violation of this policy.

As part of the investigation process, the accused individual shall be provided with a copy of the complaint and allowed a reasonable time to respond in writing.

Any persons thought to have information relevant to the complaint shall be interviewed and such interviews shall be appropriately documented. Other acceptable methods for gathering information include but are not limited to visual inspection of material alleged to be offensive and follow-up interviews as necessary.

The investigation of a complaint will be concluded as soon as possible after receipt of the written complaint. The appropriate administrator overseeing the Office of Human Resources Director or Dean of Students, when a student is the subject of a complaint, shall review investigations exceeding 60 days. Justification for a prolonged investigation will be documented. The complainant, accused individual, and supervisor will be provided an update on the progress of the investigation after the review.

1.33 Report of Findings of Investigation and Recommendations for Action

Upon completion of the investigation, a written report will be submitted to the appropriate administrative head or appropriate vice president. The report shall include findings of the investigation and a recommendation as to whether disciplinary action should or should not be pursued against the accused individual. A disciplinary penalty will be proposed if disciplinary action is recommended. Findings will be based on the totality of circumstances surrounding the conduct complained of, including, but not limited to: The context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature. Subject to the Family Educational Rights and Privacy Act, a copy of the report will also be provided to the complainant and the accused who may submit comments regarding the report the designated administrative head or vice president ten (10) working days from the date the report is mailed.

Within forty (40) working days from the date the report is mailed to the parties, the designated administrative head or vice president shall take one of the following actions: 1) request further investigation into the complaint; 2) dismiss the complaint if the results of the completed investigations are inconclusive or there is sufficient reasonable, credible evidence to support the allegation(s); or 3) find that this policy was violated. The complainant and the respondent shall be informed in writing of the administrative official’s decision subject to the Family Educational Rights and Privacy Act.

Recommendations for disciplinary action will be handled in accordance with the University’s policy and procedures for discipline and discharge for faculty and staff. The Dean of Students will proceed with the investigation and disposition of a complaint against a student in accordance with the University’s student disciplinary procedures.

Documentation will be kept for twenty-four (24) months after the file is closed.

1.4 Policy Distribution and Training

The policy will be made available to all faculty, staff and students. Periodic notices will be sent to students, employees and faculty about the University’s Discrimination, Sexual Harassment and Sexual Misconduct Policy. The policy will include information about complaint procedures and will refer individuals to designated offices or officials for additional information. New employees will receive training within 30-days of their employment and all employees will receive additional training at least every two years.

1.51 Discrimination: Discrimination is conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education because of their race, color, religion, national origin, age, disability, citizenship, or veteran status.

1.52 Sexual Misconduct: Sexual misconduct includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual.

1.53 Sexual Harassment: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:

1.531 submission to such conduct is made either explicitly or implicitly a term or condition of employment or student status;

1.532 submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting an individual; and/or

1.533 such conduct has the purpose or effect of unreasonably interfering with an individual’s performance as a faculty member, staff member or student or creating an intimidating, hostile or offensive environment.

1.54 Examples of deliberate behavior that could be considered sexual misconduct or sexual harassment include but are not limited to:

1.541 physical contact of a sexual nature including touching, patting, hugging, or brushing up against a person’s body;

1.542 explicit or implicit propositions or offers to engage in sexual activity;

1.543 comments of a sexual nature including sexually explicit statement, questions, jokes or anecdotes;

1.544 remarks of a sexual nature about a person’s clothing or body; remarks about sexual activity;

1.545 speculations about sexual preference;

1.546 exposure to sexually oriented graffiti, pictures, posters, or materials; and/or,

1.547 physical interference with or restriction of an individual’s movements.

Romantic or sexual relationships between a faculty member and a student or between a supervisor and a person under his or her supervision create situations that may lead to sexual harassment, conflicts of interest, favoritism, and low morale. Therefore, the University strongly discourages consensual relationships between supervisors and subordinates, faculty and students and advisors and students. Failure to report such consensual relationships and to cooperate in making alternative arrangements may result in disciplinary action up to and including termination. This policy is not intended to discourage the interaction of faculty and students, and supervisors and employees where it is appropriate and ethical.

If a romantic or sexual relationship exists between a faculty member and a student who is enrolled in the faculty member’s course, the faculty member has the obligation to disclose the relationship’s existence to an immediate supervisor and cooperate in making alternative arrangements for the supervision, teaching, grading or advising of the student and/or student employee.

Supervisors have an obligation to disclose a romantic or sexual relationship that exists or develops between the supervisor and an employee under his or her supervision to an immediate supervisor and to cooperate in making alternative arrangements for the supervision of the employee.

The supervisor or employee or faculty member and student involved must understand appropriate behavior for the classroom and/or workplace. In the event that a complaint of sexual harassment or sexual misconduct is brought by the subordinate party regarding the relationship, there will be no presumption by the University that the relationship was consensual in nature.

Inappropriate behaviors that include displays of affection in the work environment are prohibited and may result in disciplinary action. A display of affection includes, but is not limited to, kissing, handholding, unwarranted comments of a sexual nature, and any deliberate physical contact that might cause humiliation or intimidation to other students, faculty or staff members.

2. Drug-Free Workplace Policies

2.1 Drug-Free Workplace Policy Statement

The University of Texas of the Permian Basin is required by the Drug-Free Workplace Act of 1988 (41 U.S.C.A. 701-707), to notify all employees that the unlawful manufacture, sale, distribution, possession or use of a controlled substance in or on any premises or property owned or controlled by The University is prohibited. A controlled substance is any substance so defined by federal or state statute or regulation.

Any employee who is found guilty (including a plea of no contest)or has a sentence, fine or other penalty imposed by a court of competent jurisdiction under a criminal statute for an offense involving a controlled substance that occurred in or on premises or property owned or controlled by The University shall report such action to the Personnel Office within five (5) days.

An employee who unlawfully manufactures, sells, distributes, possesses or uses a controlled substance in or on premises or property owned or controlled by The University, regardless of whether such activity results in the imposition of a penalty under a criminal statute, will be subject to appropriate disciplinary action, including termination, or will be required to participate satisfactorily in an approved drug assistance or rehabilitation program or both.

2.2 Purpose

The purpose of this statement is to establish policy for employees of The University of Texas System concerning manufacture, sale, possession, distribution, or use of alcohol or illegal drugs.

2.211 during working hours;

2.212 in a manner while off duty that impairs on-duty work performance or

2.213 in a manner while in attendance at an official University function or at an authorized University site that adversely affects the performance of the employee or may adversely affect the health or safety of any other person.

2.3 Enforcement

2.311 An employee who violates the following policy may be subject to disciplinary action, including termination.

2.312 At the discretion of The University, the employee may be referred to an assistance program and/or may be required to participate in and satisfactorily complete a chemical abuse rehabilitation program as a condition of continued employment.

2.4 Policy

2.411 Unauthorized purchase, manufacture, distribution, possession, sale, storage or use of an illegal drug or controlled substance while on duty, while in or on premises or property owned or controlled by The University, or while in vehicles used for University business are prohibited.

2.412 The unauthorized use or possession of alcohol while on duty or while in vehicles used for University business is prohibited.

2.413 Use of alcohol or an illegal drug or controlled substance while not on duty which adversely affects job performance or may adversely affect the health or safety of other employees, students, visitors, or patients is prohibited.

2.414 Use of alcohol at an authorized University function, in the course of official University business, or at an authorized University site which adversely affects job performance or may adversely affect the health or safety of any other person is prohibited.

2.415 Warnings about prescribed or over-the-counter medication and its impact on work performance or on individual or job safety must be heeded by the employee. A supervisor's advice and assistance may be necessary when job adjustments are required to ensure an employee's ability to perform assigned work in a safe manner because of use of such medications.

2.416 Distribution to others of a drug or controlled substance obtained pursuant to a prescription, except by duly licensed and certified persons, while on duty or while in or on premises or property controlled by The University is prohibited.

2.417 Employees who use illegal drugs or abuse controlled substances or alcohol are encouraged to seek help from available resource.

2.5 Drug and Alcohol Testing Policy for Positions Requiring Commercial Drivers' Licenses

This policy applies only to those persons who are applicants for or who are employed in positions that require a commercial drivers' license, otherwise referred to herein as safety-sensitive functions. A "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:

2.51 Commercial Vehicle

2.511 has a gross combination weight rating in excess of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

2.512 has a gross vehicle weight rating of 26,001 or more pounds;

2.513 is designed to transport 16 or more passengers, including the driver; or

2.514 is transporting hazardous materials and is required to be placarded in accordance with 49 CFR, Part 172, Subpart F. (Texas Traffic Laws, VCS Art.6687b-2,Sec.3 (6).)

The provisions of this drug and alcohol testing policy do not relieve an employee from requirements pursuant to other University policies on drugs and alcohol.

2.52 Applicants for Employment:

All applicants who have been conditionally accepted for employment in positions that require a commercial drivers' license will be required to provide a urine sample for testing for the presence of illegal drugs in accordance with the provisions of Section 2.56. A verified negative test result will be required on this controlled substance test. Additionally, they will be required to undergo alcohol testing in accordance with Section 2.57.

2.521 All published or posted notices of vacancies in positions covered by this Policy shall state that all applicants selected for hire will be required to consent to a urinalysis for the purpose of testing for the presence of illegal drugs.

2.522 Applicants selected for hire who refuse to consent to a urinalysis or who test positive for the presence of illegal drugs in prohibited concentrations will not be considered for employment in a position covered by this Policy and may not reapply for such employment for a period of six months.

2.523 Prior to signing the consent form for testing, applicants selected for hire will be informed of the testing procedures either orally or in writing.

2.53 Prohibited Employee Conduct

2.531 Alcohol Use

2.5311 use or possession of alcohol while on duty requiring the performance of safety-sensitive functions

2.5312 use of alcohol during four hours before on duty requiring the performance of a safety-sensitive function

2.5313 having prohibited concentrations of alcohol (.04 or greater) in system while on duty requiring the performance of safety-sensitive functions

2.5314 use during the 8 hours following an accident requiring a post-accident test (see 2.53 below) or until the employee undergoes a post-accident alcohol test, whichever occurs first

2.532 Drug Use

2.5321 use or possession of controlled substances while holding a position requiring the performance of safety-sensitive functions, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle

2.5322 testing positive for controlled substances while holding a position requiring the performance of a safety-sensitive function

2.533 Refusal to submit to required testing

2.534 Permitting a subordinate employee to perform or continue to perform safety-sensitive functions when the supervising employee has actual knowledge that a driver has engaged in conduct prohibited by 2.521-2.523 above.

2.54 Employee Testing

Employees in positions that require a commercial drivers' license may be required to submit to testing to determine the presence of illegal drugs or alcohol under the following circumstances:

2.541 when performing safety sensitive functions and 1) involved in an on-the-job driving accident that results in the death of a person or that 2) results in a citation to the employee under state or local law for a moving traffic violation arising out of the accident and any vehicle requires towing from the accident scene or any involved person requires treatment away from the accident scene. An employee in such an accident is required to report it as soon as possible to a supervisor;

2.542 when observed using alcohol or illegal drugs while on duty requiring the performance of safety-sensitive functions;

2.543 when a supervisor who has participated in a program that provides training in the recognition of the physical appearance and behavior of persons under the influence of alcohol or illegal drugs observes an employee exhibiting such appearance and behavior during, just preceding or just after the period of the work day that the employee is performing in the safety-sensitive function;

2.544 when selected pursuant to a scientifically valid random process determined by The University;

2.545 if allowed to return to duty in a position described in Section 2.5 after a violation of drug or alcohol rules;

2.546 if allowed to return to duty for a position described in Section 2.5 and has been identified by a substance abuse professional as needing assistance in resolving problems with drug or alcohol abuse. Such employees will be subject to a minimum of six unannounced follow up drug or alcohol tests over the first 12 months following his or her return to duty.

2.55 Refusal to Submit to Test

By continuing employment with The University, employees have consented to The University's adoption of this Drug and Alcohol Testing program.

The University will secure a consent form signed by the employee to be tested. An employee holding a position that requires a commercial drivers' license who refuses to consent and submit to a test when requested under any of the circumstances provided for in Section 2.53 will be subject to disciplinary action including termination pursuant to The University's Procedures for Discipline and Dismissal of Employees. Refusal to submit includes failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this policy, failure to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part, engaging in conduct that clearly obstructs the testing process, and or leaving the scene of an on-the-job accident.

2.56 Positive Test

Employees holding a commercial drivers' license who are tested and receive a positive test result will be immediately removed from safety-sensitive functions. The supervisor and the Director of Personnel will meet with each employee who tests positive and inform the employee of the test result. Based upon the information available after the meeting with the employee, the supervisor and Director shall determine whether:

2.561 to proceed to impose appropriate disciplinary action (keeping in mind any minimum penalties as may be required by federal or state law) pursuant to The University's Procedures for Discipline and Dismissal of Employees; and/or

2.562 to offer the employee the opportunity to participate in and satisfactorily complete at the employee's expense an appropriate employee assistance program or rehabilitation program for alcohol and/or drug abusers as a condition of continued employment. An employee who chooses to participate in such a program must be informed that The University will pursue appropriate disciplinary action if the employee does not satisfactorily complete the prescribed program.

2.563 to allow the employee who has tested below 0.04 for alcohol, with no concurrently positive drug test, to return to work after at least a 24-hour period.

2.57 Urinalysis Procedure

In order to assure individual privacy without compromising the integrity of the test result, The University will utilize Department of Health & Human Services approved labs and the mandatory Guidelines for Federal Workplace Drug Testing Programs and the Procedures for Transportation Workplace Drug Testing for tests pursuant to this Policy. Those Guidelines are published in 49 CFR 40; 49 CFR 382 (See also Volume 53 of the Federal Register, pages 11979-11989 and Volume 59 of the Federal Register, page 7505.)

The Guidelines generally provide for specimen collection procedures, chain of custody procedures, testing procedures and documentation procedures. Copies of the Guidelines may be obtained from the Personnel Office. Any testing requested by an employee will be done at the employee's expense.

2.58 Alcohol Testing

Alcohol testing will be conducted either on University premises or at a specimen collection site. The University will utilize the procedures for transportation workplace drug and alcohol testing programs for alcohol tests pursuant to this Policy. Those procedures are published in 49CFR 40. (See also Volume 59 of the Federal Register, pages 7340-7376.)

The Guidelines generally provide for specimen collection procedures, chain of custody procedures, testing procedures and documentation procedures. Copies of the Guidelines may be obtained from the Personnel Office. Any testing requested by an employee will be done at the employee's expense.

2.59 Records

2.591 Confidentiality. Subject to the applicable provisions of the Texas Public Information Act, all information from an applicant's or an employee's drug and alcohol tests is confidential to the extent required by law. Records will be maintained in a secure manner, so that disclosure of information to unauthorized persons does not occur.

2.592 Maintenance. University Record Retention Schedules will be reviewed to ensure that at a minimum, records are maintained in accordance with the following schedule:

2.5921 verified positive controlled substance test results and alcohol test results indicating an alcohol concentration of 0.02 or greater; documentation of refusals to take required tests; calibration documentation; evaluations and referrals - 5 years;

2.5922 collection and training records - 2 years;

2.5923 negative or cancelled tests - 1 year.

2.5924 alcohol test results indicating concentration less than 0.02 - 1 year.

2.510 Reporting

The University will submit reports in accordance with Federal Regulations regarding this alcohol and drug misuse prevention program.

2.511 Inquiries

Inquiries related to this policy may be directed to the Chief Business Officer

3. Smoke-Free Policy

As a result of the resolution adopted by The U. T. Board of Regents on June 6, 1991, regarding Tobacco Health Concerns, effective immediately smoking will be prohibited in all indoor locations, including buildings, lecture halls, hallways, offices, and lavatories, all University vehicles, and within 20 feet of any outside entrance to any building.

Those who wish to smoke may do so outside a 20 feet radius of any University building and discard smoking materials in receptacles that have been provided for such purposes.

The Personnel Office will provide, on request, information for educational, counseling, and cessation programs that may be made available on campus. Smokers seeking assistance may contact the Personnel Office for programs information.

This new smoke-free policy relies on the thoughtfulness, consideration, and cooperation of smokers and non-smokers for its success. It will be the responsibility of all members of the campus community to observe this policy.

4. AIDS, HIV and HEPATITIS B POLICY

4.1 General

The University of Texas of the Permian Basin recognizes Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) as serious public health threats and is committed to encouraging an informed and educated response to issues and questions concerning these infections.

4.2 Purpose, Scope, and Definitions

4.21 Purpose

The purpose of this policy is to provide guidance for The University of Texas of the Permian Basin in complying with statutes concerning acquired immune deficiency syndrome, human immunodeficiency virus, and hepatitis B virus. In addition, the medical, educational, legal, administrative, and ethical issues related to specific situations involving persons with HIV or HBV infections in the following areas are addressed:

4.211 Administrative policies;

4.212 Residence life;

4.213 Health education;

4.214 Testing for HIV or HBV infection;

4.215 Confidentiality of information related to persons with AIDS, HIV or HBV infection; and

4.216 Patient care.

4.22 Scope

This policy is applicable to students, faculty, and employees of The University of Texas of the Permian Basin and shall be made available to students, faculty, and staff members of each component institution by its inclusion in the student, faculty and personnel guides if practicable, or by any other method. All catalogs should state that the educational pamphlet is available to students.

4.23 Definitions

Institutional Committee: A task force or institution-wide committee to oversee the development and implementation of educational programs related to HIV and HBV, and to advise the administration on policies regarding HIV and HBV. It is suggested that the Committee include, as a minimum, representation from the faculty, the student body, and administrative areas such as housing services, health services, counseling services, and food services.

4.3 General Policies

4.31 Admissions to Schools

The existence of HIV or HBV infection should not be considered in admissions decisions unless current scientific information indicates required academic activities will likely expose others to risk of transmission.

4.32 Residential Housing

Residential housing staff will not exclude HIV-infected or HBV-infected students from University housing and will not inform other students that a person with HIV or HBV infection lives in University housing.

4.33 Employment

The existence of HIV or HBV infection will not be used to determine suitability for employment by The University unless the position requires performance of exposure-prone procedures.

4.34 Class Attendance

A student with HIV or HBV infection should be allowed to attend all classes without restrictions, as long as the student is physically and mentally able to participate, perform assigned work, and poses no health risk to others.

4.35 Access to Facilities

A person with HIV or HBV infection should not be denied access to The University because of HIV or HBV infection.

4.36 Testing for HIV and HBV Infection

4.361 Mandatory Testing:

No programs for mandatory HIV or HBV testing of employees, students, or patients will be undertaken without their consent unless authorized or required by law or court.

4.362 Informed Consent for HIV Testing:

Unless otherwise authorized or required by law, no HIV test should be performed without informed consent of the person to be tested.

Consent will be written on a separate form, or the medical record will document that the test has been explained and consent has been obtained. The consent form will state that post-test counseling will be offered or the medical record will note that the patient has been informed that post-test counseling will be offered.

4.363 Reporting of Test Results

HIV and HBV test results will be reported in compliance with all applicable statutory requirements, including the Communicable Disease Prevention and Control Act, Texas Health and Safety Code, 81.001.

4.364 Qualifying for Workers' Compensation Benefits

State law requires that an employee who bases a workers' compensation claim on a work related exposure to HIV must provide a written statement of the date and circumstances of the exposure and document that within ten (10) days after the exposure, the employee had a test result that indicated absence of HIV infection. An employee who may have been exposed to HIV while performing duties of employment may not be required to be tested, but refusal to be tested may jeopardize Workers' Compensation benefits.

4.365 Testing Following Potential Exposure to HIV or HBV

The University will develop guidelines and protocols for employees and students who have been exposed to material that has a potential for transmitting HIV or HBV as a result of employment or educational assignments. Testing of employees or students exposed to such material should be done within ten (10) days after exposure and should be repeated after one (1) month. Testing for HIV also should be done after three (3) and six (6) months. These guidelines should follow TDH, U.S. Public Health Service, and CDC guidelines.

In cases of exposure of an employee or student to another individual's ("Individual" in this paragraph) blood or body fluid, The University, at the institution's expense, may test that Individual for HIV and HBV infection with or without the Individual's consent, provided that the test is performed under approved institutional guidelines and procedures that provide criteria for testing and that respect the rights of the person being tested. This includes post-test counseling. If the test is done without the Individual's consent, the guidelines must ensure that any identifying information concerning the Individual's test will be destroyed as soon as the testing is complete and the person who may have been exposed is notified of the result. Test results will be reported in compliance with all applicable statutory requirements.

4.37 Confidentiality of Records

Except where release is required or authorized by law, information concerning the HIV status of students, employees or patients and any portion of a medical record will be kept confidential and will not be released without written consent. HIV status in personnel files and Workers' Compensation files is to remain confidential and have the confidentiality status of medical records.

4.38 Education

4.381 General Employee Educational Pamphlet

The University will provide each employee an educational pamphlet about methods of transmission and prevention of HIV infection. The pamphlet will be the TDH educational pamphlet or a pamphlet based on the model developed by the TDH. The pamphlet will be provided to new employees on the first day of employment and to all employees annually.

4.382 Information On Prevention Provided to Students

4.3821 The University will routinely offer students programs based on the model HIV education and prevention program developed by the TDH and tailored to the students' cultural, educational, language, and developmental needs.

4.3822 Each student health center should provide information on prevention of HIV infection including:

- the value of abstinence and long-term mutual monogamy,

- information on the efficacy and use of condoms, and

- state laws relating to the transmission of HIV and to conduct that may result in such transmission.

4.3823 The employee educational pamphlet will be available to students on request..

4.383 Guidelines For Laboratory Courses

Laboratory courses requiring exposure to material that has potential for transmitting HIV or HBV will adopt safety guidelines for handling such material and distribute these guidelines to students and staff prior to their coming in contact with such material.

4.39 Unemployment Compensation Benefits

The University will inform employees via employee and faculty guides or other appropriate methods that state law provides that an individual will be disqualified for unemployment compensation benefits.:

- if the Texas Workforce Commission (TWC) finds that the employee left work voluntarily rather than provide services included within the course and scope of employment to an individual infected with a communicable disease, including HIV. This disqualification applies if the employer provided facilities, equipment, training, and supplies necessary to take reasonable precautions against infection; or

- if the TWC finds that the employee has been discharged from employment based on a refusal to provide services included within the course and scope of employment to an individual infected with a communicable disease, including HIV. This disqualification applies if the employer provided facilities, equipment, training and supplies necessary to take reasonable precautions against infection.

4.310 Health Benefits

No student or employee will be denied benefits or provided reduced benefits under a health plan offered through The University of Texas of the Permian Basin on the basis of a positive HIV test result.

5. Student Right-to-Know and Campus Security Act

Refer to Student Life and Activities Part V(Student Life and Activities), Section 3 of the Handbook of Operating Procedures.

6. Sick Leave Pool Policy

6.1 Policy

Employees of The University of Texas of the Permian Basin are eligible to use time in the sick leave pool if, because of a catastrophic injury or illness, the employee has exhausted all the sick leave and vacation leave that the employee is otherwise entitled.

6.2 Purpose

To provide for the alleviation of the hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from The University.

6.3 Definitions

6.311 A "catastrophic illness or injury" is a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time and that requires the employee to exhaust all leave time and compensation time from The University for the employee.

6.312 "Employee" means a regular employee of a component institution of The UT System who is employed to work at least 20 hours per week for at least four and one-half months.

6.313 "Immediate family" is defined as those individuals related by kinship, adoption, marriage or foster children who are so certified by the Texas Department of Human Services who are living in the same household or if not in the same household are totally dependent upon the employee for personal care of services on a continuing basis.

6.314 "Licensed practitioner" means a practitioner, as defined in the Texas Insurance Code, who is practicing within the scope of his/her license.

6.315 "Pool Administrator" is the Director of the Office of Personnel Services and Employee Relations.

6.316 "Sick leave pool" or "pool" means the accumulated sick leave donated by employees for utilization in accordance with this Policy.

6.4 Eligibility 

6.411 All employees eligible to accrue sick leave may apply to use sick leave from the sick leave pool subject to the other provisions of this policy.

6.412 An employee may apply only once per fiscal year unless the maximum of 90 days was not received.

6.413 An employee does not have to contribute to the pool in order to apply to use leave from the pool, and no payback is required by employees granted pool sick leave

6.5 Sick Leave Pool

6.511 An employee must submit a transfer form to the Pool Administrator to contribute time to the sick leave pool.

6.512 Employees may transfer to the sick leave pool, in eight hour day increments, as many days of sick leave from their accrued sick leave time earned as they wish
.
6.513 Employees may not designate a specific person to receive their contribution.

6.514 Applications approved by the Pool Administrator will be credited to the sick leave pool and the corresponding amount will be deducted from the employee's accrued sick leave.

6.515 Employees will be encouraged to contribute to the sick leave pool at termination.

6.6 Withdrawal of Sick Leave

6.611 Employees may apply to the Pool Administrator for permission to draw time from the sick leave pool by using the form prescribed by the administrator. The application must be accompanied by a statement from the licensed practitioner who treated the illness or injury.

6.612 Applications to use pool leave will be processed on a first-come, first-serve basis.

6.613 An eligible employee may not draw time from the sick leave pool in an amount that exceeds the lesser of one-third of the total amount of time in the pool or 90 days.

6.614 An employee is eligible to withdraw from the sick leave pool if the Pool Administrator finds that the employee has exhausted all accrued leave because of a catastrophic illness or injury. The Pool Administrator shall determine the exact amount of time that an employee may draw. The Pool Administrator's decision is final.

6.615 The employee may use sick leave assigned from the pool in the same manner as sick leave accrued pursuant to Article V of the General Appropriations Act and shall be treated in the same manner and shall be entitled to accrue the same benefits as an employee who uses such sick leave.

6.616 When an employee using sick leave pool hours returns to duty, any unused hours revert back to the pool.

6.617 The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the pool.

7. Employment of Noncitizens

7.1 General

Faculty appointments are based on qualifications and performance. Alienage per se constitutes neither an advantage nor a deterrent to such appointments. However, prior to employment with The University Texas of the Permian Basin, it will be necessary for alien faculty to provide the Personnel Office with the documentation required by the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990 to verify eligibility and provide evidence of employment authorization. The purpose of this policy is to preclude the unlawful hiring of aliens who are not authorized to work in the USA. Appointment is conditioned upon meeting the requirements of the Act.

Various laws and regulations, enforced by several federal agencies govern the employment of aliens. The process to certify an alien for employment in the United States is complex and may require legal assistance.

7.2 Federal Law

The United States Government prohibits the employment of aliens unless:

7.211 There are not sufficient United States workers who are able, willing, qualified, and available to work; and,

7.212 the employment of such aliens will not adversely affect the wages and working conditions of similarly employed US citizens and permanent residents.

7.3 Employment Status

Basically, alien faculty members may be employed under two primary statuses:

7.311 Exchange visitor (J-1 visa): enables permanent employment with certain limitations for up to a 3-year period.

7.312 Permanent Employment (H-1 visa): enables employment of alien under limited circumstances.

7.4 Appointment

Faculty members employed under Exchange Visitor status (J-1) may not receive tenure-track appointments since expectations created by such appointments (i.e., seven-year probationary period) are inconsistent with the reality of the Exchange Visitor status (i.e., three-year maximum employment). Consequently, aliens employed under the Exchange Visitor Program normally receive term appointments of Visiting Faculty.

7.5 Conversion of Status to H-1 or Permanent Resident

The University of Texas of the Permian Basin does not provide individual legal advice to employees or prospective employees. Immigration issues require specialized legal advice as well as preparation of legal documents which is the responsibility of the employee. The University's participation will be limited to the issuance of a letter of intent to hire to the applicant's attorney. In that context, The University will not act as a sponsor for purposes of Permanent Residency.

7.6 Offers of Employment

Offers made by the College or Schools or departments contrary to this Statement of Policy will not be honored by The University of Texas of the Permian Basin. Colleges, Schools and departments are also cautioned not to make statements concerning the likelihood of obtaining Exchange Visitor or Permanent Resident status.

Questions concerning this policy may be referred to the Personnel Office or International Students Offic

8. Affirmative Action

As an Affirmative Action, Equal Opportunity Employer, The University of Texas of the Permian Basin acknowledges its obligation and stresses its commitment to a policy of recruitment of faculty and staff without regard to race, national origin, gender, age, disability, veterans status, or religious affiliation.

9. Appointment of Relatives

See Part One, Chapter III, Section 5 of The University of Texas System Board of Regents' Rules and Regulations.

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