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Regulatory Policies


Policy Of Non-Discrimination In Education And Employment

Muskingum University does not discriminate on the basis of race, color, national or ethnic origin, disabilities or physical challenge, sex, age, religion, sexual orientation, socio-economic status, political affiliation, or status as a veteran of the Vietnam era, in admission, in access to, or in treatment or within its educational programs or activities nor in recruitment, employment or policy administration. The Human Resources Coordinator, Compliance Coordinator, has been designated to coordinate the University's compliance with the nondiscrimination requirements under Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and the Age Discrimination Act of 1975 which prohibit discrimination on the basis of handicap, race, sex, age, respectively. The Human Resources Coordinator may be contacted regarding the University’s compliance efforts or any potential violations of the foregoing statutes as well as Title VII of the 1964 Civil Rights Act which deals with employment discrimination.

Sexual Harassment Policy Statement And Reporting Procedures

  1. INTRODUCTION
    Sexual harassment is illegal under Title VII of the 1964 Civil Rights Act pertaining to employees and Title IX of the 1972 Educational Amendments as to students. It is considered unprofessional conduct when engaged in on the campus for any University employee.
  2. DEFINITION
    Sexual harassment is defined as any unwelcome sexual advances, request for sexual favors or other physical or expressive behavior of a sexual nature, where: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with the work or academic performance of an individual or of creating an intimidating, hostile, offensive or demeaning working or educational environment.
  3. STATEMENT OF POLICY
    Muskingum University strives to foster an open working and learning environment. Our ethical and legal obligation to employees and students is to insure that they are free from sexual harassment by supervisors, co-employees and teachers. Muskingum University, therefore, expressly forbids sexual harassment. Any supervisor, faculty member, student or non-academic employee who, after due process is found to have practiced sexual harassment, will be subject to prompt disciplinary action.
  4. REPORTING PROCEDURE
    Prompt reports of incidents of apparent sexual harassment are critical to effective enforcement of our Policy. Various reporting points are established so that this can be accomplished even when the Administrator with primary responsibility over the aggrieved individual may be unavailable or when the aggrieved simply is not comfortable reporting the matter to such Administrator. Accordingly, employees have the option of reporting the incident to their own immediate supervisor or to the Human Resources Coordinator who will relay the matter to appropriate administrative personnel.
    Depending upon the aggrieved individual’s classification, the following lists the preferred reporting points:
Aggrieved    Administrator

Faculty Member

Vice President for Academic Affairs

Staff

Vice President for Business and Finance

Student

Vice President for Student Affairs and Dean of Students

The Human Resources Coordinator is an acceptable alternate reporting point for any of the above Administrators. Refer to Office of Human Resources for Investigation Process

Grievance Procedure for Alleged Disability And Sex Discrimination

Under Title IX of the Education Amendments of 1972, the University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints made by students and employees alleging any action prohibited by Title IX or U.S. Department of Education, Office for Civil Rights, regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibit discrimination on the basis of sex and disability, respectively.

Complaints regarding either type of alleged discrimination should be addressed to the Human Resources Coordinator, Compliance Coordinator.

Grievance procedures pertaining to matters other than alleged handicap or sex discrimination may be found in other University policies or publications, such as the Student Handbook or the University Catalog.

Student Rights To Privacy (FERPA)

All employees are required to sign the Statement of Understanding of the Family Educational Rights and Privacy Act (FERPA).

HIPAA Policy

The University complies with the Health Insurance Portability and Accountability Act (HIPAA). This act assures eligible employees mid-year health insurance coverage for qualifying events and health insurance pre-existing conditions waiver under certain circumstances. In addition, the University aims to protect personal identifiable health information.

University Policy On Alcohol And Illicit Drugs

Statement in Compliance with the Drug-Free Schools and Communities Act

Muskingum University prohibits the unlawful possession, sale, use or distribution of illicit drugs and alcohol by students, employees and other members of the University community in or on the University property or as part of any activity sponsored or sanctioned by the University.

As an institution within the State of Ohio, Muskingum University is committed to compliance with all federal, state and local laws. Ohio statutes prohibit the consumption of beverage alcohol by any person who is under 21 years of age, and also prohibit individuals of legal age from selling or furnishing beverage alcohol to anyone not of legal age.

University Policy

Lawful and responsible consumption of beverage alcohol on University premises, or during a staff or faculty activity is permitted at certain places and in conjunction with certain functions either provided or sanctioned by the University. The definition of "University property" for the purpose of this policy only excludes University owned residences which are used as private dwellings by faculty or staff. Any event on University property or involving students at which there is to be alcohol present must be administered according to the Muskingum University Alcohol Policy

The following constitute violations of University policy regarding illicit drugs if done by a University employee or a student:

  1. Use of any non-prescribed drugs, narcotics, hallucinogens on or in University property or during campus activities or job performance.
  2. Possession of any non-prescribed drugs, hallucinogens, narcotics or alcohol as well as drug-related paraphernalia on or in University property or at or in connection with any of the University activities.
  3. Trafficking in these illegal items described in 1 and 2 above whether procuring, sharing, giving, selling, manufacturing, or causing to be procured, shared, given, or sold.

Disciplinary Sanctions

Muskingum University will impose sanctions against a student or employee who violates University standards of conduct relating to drug and unlawful alcohol use.

Where the individual involved is a University employee, neither job performance deficiencies nor violations of any University rule or policy resulting from the use of illicit drugs or alcohol will be tolerated. An employee’s possession or consumption of illicit drugs, his/her possession or consumption of beverage alcohol on University property (except as permitted by law at certain functions where such is provided or sanctioned by the University) or while operating any vehicle while on University business, and an employee being or becoming behaviorally impaired as a result of the use of drugs or beverage alcohol while on University property or at any activity sponsored or sanctioned by the University, each constitutes a serious infraction of policy for which the University reserves the right to dismiss the employee. Where, however, an employee voluntarily acknowledges that he/she has a difficult personal problem related to drugs or alcohol and seeks assistance prior to violating any University non-drug/alcohol related rule or policy, Muskingum University may (but is not obligated to) offer such employee counseling, support or other assistance.

Additionally, where job performance deficiencies are a result of the disease of alcoholism, where no University non-alcohol related policies have been violated and where the employee’s violations (if any) of the University’s alcohol policies have not resulted in personal injury to others or in damage to equipment or property, the University will offer a first time violator the reasonable job accommodation of non-disciplinary leave for rehabilitation and the opportunity to return to work subject to the terms of a “Last Chance” sobriety agreement.

Where the employee’s violation or job performance deficiencies are not the result of alcoholism, possible sanctions for violation of the University policy on alcohol and illicit drugs, in lieu of immediate discharge, include:

  1. The University may require an individual to participate in and successfully complete a recognized drug or alcohol abuse assistance or rehabilitation program approved for such purpose by federal, state or local health or law enforcement or other appropriate agencies. Refer to the Office of Human Resources for a listing of programs which currently are approved. This list may be updated from time to time.
  2. Where the individual’s drug or alcohol misuse does not rise to the level of addiction, i.e., is “recreational” in nature, or where he/she has declined to participate in an assistance or rehabilitation program as contemplated under item 1 above or, having agreed to participate, does not do so satisfactorily or fails to successfully complete such program, the University will take appropriate disciplinary employment action against the employee and also may refer to the matter to local law enforcement agencies for appropriate action. Failure to participate in a rehabilitation program when required to do so, failure to satisfactorily participate or to complete such a program when required, or the breach of any Last Chance sobriety agreement by the employee each may constitute grounds for discharge without further accommodation efforts on the part of the University.

NOTE: The opportunity for participation in a rehabilitation program applies only to those with potential addiction problems; it does not apply to any student or employee who possesses illicit drugs or unlawfully possesses beverage alcohol for the purpose of selling or furnishing the same to another if receipt by such other would be unlawful. Unlawful trafficking in beverage alcohol or trafficking in illicit drugs will result in immediate dismissal.

Drug Free Workplace And Grants Policy

All aspects of the above University Policy on Alcohol and Illicit Drugs apply to the Drug Free Workplace Act and Policy. All grantees who receive federal grant money, any individual applying for a federal grant, Pell Grant recipients or an individual or institution applying for any government or financial assistance must certify that the individual or individuals involved will not violate laws involving controlled substances "in conducting any activity with the grant." Certification statements are available in the Student Financial Services Office or with federal student aid applications.

Implementation

Under the Drug-Free Workplace Act, all employees and students, by law, must abide by the terms of the Drug-Free Policy Workplace Policy (See Policy above). Any covered individual convicted of a criminal drug statute violation which occurs in the University workplace as above defined, is required to notify the Human Resources Coordinator, the Vice President for Enrollment or the Vice President for Student Affairs and Dean of Students of such criminal drug statute conviction. Where applicable, the University is required, by law, to notify certain federal funding agencies within 10 days after receiving such notice from an individual or otherwise receiving actual notice of the conviction. The statute provides that if convicted, eligibility for federal benefits may be suspended. Since Muskingum University is a recipient of funding from the federal government, all employees and students are required by federal law to abide by this prohibition as a condition of employment. Refer to above Policy for policy statement and sanctions. For a list of locations offering programs, treatment, rehabilitation, and counseling referral consult with the Office of Human Resources

Child Labor

All employment of individuals under the age of 18 years must be cleared through the Human Resources Coordinator as the Fair Labor Standards Laws places limits on the hours and type of work in which children under 18 may engage.

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