PART IV- FACULTY PERSONNEL POLICIES AND BENEFITS

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HUMAN RESOURCES AND PAYROLL SERVICES

The Division of Human Resources provides services for the following:

1. Employment processing for all non-teaching positions
2. Processing all payrolls
3. Administering all fringe benefits
4. Assisting supervisory personnel with employee relations problems

All new faculty must visit Human Resources to fill out the necessary forms for payroll and fringe benefits. Any questions concerning payroll or fringe benefits should be directed to Human Resources.

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PAYROLL OPTIONS

Faculty may elect to receive their paychecks through the campus mail system or arrange with Human Resources for direct electronic checking and/or saving deposits.

If the period of employment is August 15 to May 15, an employee may elect to receive payment under three options.

OPTION 1: (Ten-month plan)
The Basic Pay Plan for nine-month employees calls for payment over a ten-month period (20 times). Paydays are semi-monthly and are on the 15th and last business day of the month.

OPTION 2: (Deferred Pay)
If an employee elects the 24 pay period option, all taxes and other deductions will be processed from the first 20 pay periods and the net pay for the year is divided by 24.

If an employee is currently enrolled for the 24 pay period option, that option will continue unless changed at the employee's request to Human Resources.

OPTION 3: (Direct Deposit)
Another alternative to Option 2 is to participate in the direct deposit program by placing 16.67 percent of the net pay into a savings account or a checking account. An employee can then withdraw one quarter of that amount semimonthly during the summer. This process not only accomplishes the same result as Option 2, but also gains interest on deferred pay. If this option is elected, the payroll office will need a voided check or savings account number along with an authorization form available from Human Resources.

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FACULTY BENEFITS

Eligible faculty may participate in the University benefit plans, subject to the Plan Eligibility and Requirements set forth in documents that govern those plans.

Comprehensive benefit design and eligibility information is available in the office of Human Resources.

CORE BENEFITS

The University provides core benefits to all eligible staff that include Health Insurance, Basic Life and AD&D Insurance and Long Term Disability Insurance and Retirement. A detailed overview and enrollment information of these benefits can be obtained from Human Resources.

OPTIONAL BENEFITS

The University also provides a number of optional voluntary benefits for purchase through payroll deductions. An overview of these and other benefits are detailed in the Employee Benefit Supplement that can be obtained through Human Resources.

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FACULTY IDENTIFICATION CARDS

Faculty identification cards may be requested through Human Resources. These cards facilitate the utilization of a number of services and benefits such as library privileges and university store discounts.

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WORKER'S COMPENSATION

Scope
All faculty are covered under the Kentucky Workers' Compensation Law. (KRS 342)

Purpose
The Workers' Compensation Law is designed to compensate faculty for loss of earning power due to work related injuries or diseases arising out of and in the course of their employment. This coverage includes both medical expenses and loss time payments to a faculty who is unable to work for an extended period of time because of a compensable injury or disease.

Faculty Requirements
Faculty members are required to report all incidents to his/her supervisor as soon as practicable after the incident (KRS 342.185).

• Return to Work Form (WCF 1). Supervisors are required to notify the Office of the Safety Coordinator upon the faculty's return. A Return to Work Form (WCF 1) is to be submitted to Human Resources on the first day of faculty's return to work.

• Medical Bills or other information received by a faculty for treatment of on the job injuries or illness should be submitted to the Office of the Safety Coordinator.

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VOTING

The University strongly encourages all eligible faculty to participate in the democratic processes by exercising their right to vote. Therefore, faculty who are registered voters, upon request, will be given up to four hours off to vote on election day, with pay. Specific time off must be coordinated with appropriate supervisors.

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FAMILY AND MEDICAL LEAVE

The Family and Medical Leave Act (FMLA) provides faculty who have twelve (12) months of service with the University and who have performed at least 1,250 hours of service in the prior twelve (12) month period, with up to twelve (12) weeks of leave during a rolling twelve (12) month period. This leave may be paid, unpaid, or a combination of paid and unpaid depending on the faculty's accumulated vacation and/or sick leave. In cases where paid leave ends prior to the end of the twelve (12) weeks the balance of the leave will be unpaid. In cases where a faculty member qualifies for more than twelve (12) weeks of paid leave, the twelve (12) weeks required by the FMLA will be included within the period of paid leave

Any leave taken due to one of the following reasons will be considered FMLA leave. Leaves for other reasons do not qualify as FMLA leave. Eligible reasons include:

• For the birth of a child;
• For placement of a child by adoption or foster care;
• To care for a dependent child, spouse, or parent with a serious health condition;
• Faculty who are unable to perform the essential functions of his or her job due to a serious health condition.

Eligible faculty members must provide reasonable prior notice (at least 30 days) to the University when requesting a leave of absence under the FMLA, unless the leave is unforeseeable. Requests should be made to the FMLA Gate Keeper located in the Human Resources Office.

Department Attention: FMLA Gatekeeper. If the need for leave is due to unforeseen circumstances, notice should be given as soon as possible after the faculty is made aware of the need for leave. The Gatekeeper may require a faculty member to provide certification issued by a licensed health care provider in order to ensure that the faculty meets the eligibility requirements.

Faculty will be required to utilize available sick time for each workday missed, which qualifies as FMLA leave except for work related injuries. During the leave, the University will maintain the faculty member's health care coverage under the same conditions, as coverage would be provided if he or she were continuously employed during the entire leave period. Both the University and the faculty member will be responsible for payment of their share of the premium during the leave period.

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HOLIDAY SCHEDULE

The following is the normal holiday schedule for Eastern Kentucky University. This schedule may be altered by the President of Eastern Kentucky University to meet operational demands. Some work units or individual faculty may be required to work during holiday periods. Those required to work on holidays will receive equivalent compensatory time to be used at another time at the supervisor's discretion.

*The floating holiday must be scheduled in advance with the Chair of the Department. The floating holiday must be used during each fiscal year and shall not rollover or accumulate from year to year.

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LEAVE WITHOUT PAY

A faculty member desiring a leave from the institution without pay must file a request that requires the approval of the chair of the department, the dean of the college, the Provost for Academic Affairs, the President, and the Board of Regents. If the request for leave without pay is granted the outside employment agency, if any, will be informed that during the applicant's leave from the University a faculty position is being held for the return of the applicant to the University. Also, the faculty member on leave from the institution without pay is not covered by the benefits package that is applicable to individuals on pay status (see “continuation of University Benefits while on Leave" in this section of the handbook). The faculty member should review all University policies regarding leaves.

The Faculty member granted a leave from the institution without pay will communicate to the Provost and Vice-President for Academic Affairs, no later than February 1, (1) his/her intention to return to the University or (2) his/her letter of resignation. If notification is not received by the February 1, the faculty position will be declared vacant. In unique circumstances, a request to extend the leave for an additional year will be considered.

Continuation of Benefits While on Unpaid Leave

• For persons who are on unpaid leave for medical or disability reasons, the University will continue to provide the cited benefits for one year or until disability income qualifications are met.
• For persons who are on an approved unpaid leave for the purpose of professional development, determined to be in the interest of the institution, (e.g. graduate work, Fulbright Fellowship), the University will continue to provide cited benefits. If the person does not return to the University at the end of the leave period for at least one year, the person will refund the cost of the benefits to the institution.
• Members of the Eastern Kentucky University faculty who are on leave, other than those noted above, from the institution without pay are not covered by the benefits package that is applicable to individuals on pay status. To continue the benefits that are normally paid by the University--single health insurance, basic life and basic long-term disability--the faculty should make advance arrangements with Human Resources to prepay for such benefit continuation. This arrangement may be continued for the duration of the approved leave
  

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SABBATICAL POLICY

Purpose and Principles

Eastern Kentucky University maintains and promotes a program of sabbaticals for faculty as a part of its overall efforts to maintain high quality academic programs and an energized faculty. A sabbatical can be a rejuvenating experience for a faculty member, permitting time to investigate avenues for improving academic quality in the pursuit of excellence. All eligible faculty members are strongly encouraged to apply for sabbaticals.

Sabbaticals are designed for professional improvement of current faculty members by providing, for a specified period, time away from the usual contractual obligations. This time enables faculty members to pursue scholarly activities that will strengthen teaching, scholarship, service and/or any combination therein at the department, college, library, or university levels. Sabbatical requests are to be closely related to each faculty member's teaching area but are not granted for the completion of an advanced degree or for any other activities related to that.

Since a sabbatical is a privilege and not a right, sabbaticals are not granted automatically after the required semesters of service. A sabbatical may be granted to a faculty member who has demonstrated an above average ability in teaching, scholarship, and service and who has completed an application which meets the sabbatical requirements.

Funding and Salary Payment

University sabbatical pool funds are derived from the University budget and other funds which may be allocated by the University. Individual colleges may fund sabbaticals for faculty members through college development funds, indirect cost allocations, private sources designated for the college, or other approved sources. Faculty members are encouraged to seek outside sources of funding to help supplement their sabbatical request.

The three types of sabbaticals for which eligible faculty members on full time appointments may apply are as follows: (1) one year at half salary, (2) one semester at full salary, or (3) one half time for two semesters at full salary. The salary will be based upon the amount that would have been received for the academic year had the sabbatical not been taken. In the application, the faculty member must designate the type of sabbatical requested as well as the effective semester or year.

Since preference is given to one year sabbatical requests at half salary, these candidates are encouraged to seek scholarships, fellowships, or other honorary stipends to supplement their sabbatical salaries.

Eligibility and Application Process

To be eligible to apply for a sabbatical, faculty members must meet the following requirements:

1. Complete twelve (12) semesters of full time service to the University before the first sabbatical or between subsequent sabbaticals.
2. Submit an appropriate request document with supporting information in accordance with the faculty member's college criteria.
3. Submit requests to the department chair no later than September 15 of the year preceding the academic year of the sabbatical. (Requests may be submitted two years in advance for approval. If the request is denied, a new application may be filed the following year.)
4. Obtain all required approvals at the department and college levels and receive written approval from the Provost/Vice President of Academic Affairs.
5. Librarians will submit Sabbatical requests to the Library Dean. The library faculty will comprise their own academic unit and follow the same procedures outlined in this document for the colleges.

College Procedures

Each college will assure that the University approved procedures have been followed and that the sabbatical recommendations concur with the goals and needs of the college. The following procedures apply to the colleges:

1. Each college will develop specific guidelines regarding the criteria, quality, and weight assigned to specific categories of scholarly activities and service which are the basis for a sabbatical. These guidelines will be clear and concise and will address the process, procedures, and expected results. These guidelines will be published for all faculty members; and each college will establish an education and assistance program to help faculty members in the development of high quality sabbatical requests within one (1) year from the publication of this policy.

   Preferred purposes for sabbaticals include, but are not rank ordered or limited to, the following:

   1. A carefully designed scholarly/creative project related to the discipline.
   2. Scholarly writing or other comparable form of creative activity with a goal of publication or presentation.
   3. A clearly defined program of independent study related to instructional responsibilities.
   4. A clearly defined program of a major course revision and/or new course development.
   
   
2. Each college will develop policies, procedures, and guidelines approved by a majority of the faculty of the college for the review of sabbatical applications. These policies and procedures will include the following elements:
   1. Timetables for receiving the sabbatical request.
   2. Parameters for the development of the reasonable request document and supporting materials.
   3. Evaluation criteria that will take into account the benefits of the sabbatical for the faculty member, the department, the college, and, ultimately, the students.
   4. A departmental review committee for screening and making recommendations to the chair. (A faculty member who will be considered for a sabbatical will not be eligible to serve on this committee. The same rule applies to anyone with a significant conflict of interest, e.g., the candidate is a member of one's immediate family.)
   5. A college review committee for making recommendations to the dean.


3. The dean of the college will forward the selected sabbatical requests to the Provost/Vice President of Academic Affairs by November 1.
4. The Provost/Vice President of Academic Affairs will evaluate and forward the selected sabbatical requests to the President by December 15. The President will notify selected faculty members following action by the Board of Regents.

Faculty Rights During a Sabbatical

Successful candidates will retain the following rights during their time spent on a sabbatical:

1. The faculty member may share in the salary increases awarded by the University.
2. Retirement contributions depend on the faculty member's retirement plan. KTRS is a Defined Benefit Plan, and the Non KTRS programs are Defined Contribution Plans.
   
   1. If the candidate is a KTRS participant, retirement contributions are not withheld and the University does not make retirement contributions during the sabbatical period. However, as stated in the KTRS guidelines, participants may purchase service credit within the "interest free period" and the University will continue to pay the difference between the purchase price (8.375%) and the amount that would have otherwise been deducted from the candidate's pay (6.16%). This difference of 2.215% along with the employer match is billed to the University at the end of each fiscal year. By purchasing the service credit, the sabbatical year or semester counts toward retirement service.
   2. Retirement withholdings for non KTRS, Optional Retirement Program (ORP) participants of 6.16% will continue. University will continue total contributions of 13.84%, which includes a contribution to the employee ORP account and an amount paid to KTRS to cover an unfunded liability. The University contribution to the employee's account in the ORP is subject to change on an annual basis. The amount to be funded to KTRS for the unfunded liability is set each year by the Board of Trustees of KTRS.
3. The candidate who is a member of a University insurance coverage plan or a family plan will continue to receive coverage at the same rates while on a sabbatical.
4. The sabbatical period counts toward requirements for promotion.

Faculty Obligations After a Sabbatical

The successful applicants will accept the following obligations regarding the sabbatical:

1. A faculty member who is approved for a sabbatical is expected to carry out the plan set forth in the application and forward a comprehensive open file report to the dean of the college identifying the accomplishments within ninety (90) days from the completion of the sabbatical and to submit for publication, if appropriate, the findings of the sabbatical within six (6) months.
2. A recipient of a sabbatical will return to EKU for a minimum of one (1) academic year following the sabbatical. (Unless otherwise agreed in advance by the faculty member and chair or dean, the sabbatical recipient will return to his or her former position within the University.) In the event that the faculty member does not return to EKU for the specified period, the recipient will reimburse EKU in full for the salary and fringe benefits received during the sabbatical.

Exceptions to the University Policy

The President, in concurrence with the Provost/Vice President of Academic Affairs, has the option of making exceptions to the above stated policy when deemed in the best interest of the University.

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MILITARY LEAVE

Eastern Kentucky University complies with all requirements of the Uniformed Services Leave Guidelines. All faculty of Eastern Kentucky University who are members of the national guard or of any reserve component of the armed forces of the United States, or of the reserve corps of the United States Public Health Service, shall be entitled to leave of absence from their respective duties without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled, while performing uniformed services. Uniformed services are defined as the performance of duty on a voluntary or involuntary basis in the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, or Kentucky National Guard. Service may include active duty, active duty for training, initial active duty for training, inactive duty training, full-time Guard duty, and absence from work for an examination to determine a person's fitness for any type of duty. Faculty on military leave shall be paid their salaries or compensations for a period or periods not exceeding 15 calendar days or 10 working days if the faculty's position is based upon a five-day workweek in any one calendar year.
Requests for Military Leave should be coordinated through Human Resources.

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SICK LEAVE POLICY

Beginning with their term of appointment, Eastern Kentucky University provides sick leave for the benefit of faculty absent because of personal illness, injury, or other short-term disability; attendance on the children or spouse or significant other whose condition requires the faculty's direct care; and a death in the household or immediate family (defined as spouse or significant other, children, parent, sibling, grandparents, or grandchildren of the faculty or of the faculty's spouse or significant other).

Faculty shall receive sick-leave credits on the basis of one day per month for each period of employment with Eastern Kentucky University. Sick leave credits accrue with each semi-monthly payroll. Periods of leave without pay earn no sick-leave credits.

Sick-Leave Record Keeping

It is the responsibility of faculty to inform the immediate supervisor whenever they cannot meet their responsibilities due to illness or other reasons covered by the sick leave policy and to initiate the appropriate form(s), which are available from the supervisor. Supervisors may require a health professional's certification of illness.

Sick Leave Benefits Upon Termination of Employment

Any faculty terminating employment at EKU prior to retirement will receive no compensation for accumulated sick-leave days. A staff member who retires from EKU under KTRS can receive up to one-half year of service credit toward retirement benefits based on accumulated sick-leave days. Faculty who retire from EKU under KERS can receive unlimited service credit in the amount of their accumulated sick days.

Coverage after Sick-Leave Benefits Are Exhausted

Depending on individual circumstance, the long-term disability insurance as is provided by the University or the disability provisions of the Kentucky Retirement Systems will come into effect no more than 120 working days following the beginning of an illness or disability. Information concerning optional faculty-financed, short-term disability insurance is available in Human Resources.

Sick Leave Appeals Procedure

Appeals of sick-leave accumulation accounting may be made through normal university channels.

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SICK LEAVE BANK

The Office of Human Resources shall be responsible for managing and administering the University Sick Leave Bank to include the procedural establishment, solicitation of contributions from any faculty, processing of applications and record management.

The purpose of this regulation is to provide all regular, full-time University faculty with short-term disability protection in the event they are personally subject to an illness or injury and face a hardship because they do not have adequate accumulated sick leave. It is not intended to encourage or reward the abuse or inappropriate use of sick leave.

To be eligible for benefits, the staff member must be a regular full-time faculty. New faculty become eligible at the completion of their orientation period.

Prior to utilizing the Sick Leave Bank, the faculty must exhaust any and all of the following, if available and appropriate:

• Sick Leave
• Vacation Leave
• Workers Compensation
• Kentucky Faculty Retirement System or Kentucky Teachers' Retirement System Disability
• No Fault automobile insurance

To fund the Sick Leave Bank, faculty will be given an opportunity to contribute a minimum of one day and a maximum of five days to the Sick Leave Bank. Faculty must have a sick leave balance of 10 days or more at the time of their contribution.

Contributing to the Sick Leave Bank will not be a requirement for applying for benefits. New hires, after completion of the orientation period, and faculty who have no sick leave will be included in the Sick Leave Bank. This benefit will, in effect, provide a Short Term Disability (STD) plan for up to four calendar months.

Once a faculty contributes to the Sick Leave Bank, that sick leave will not be restored to the individual faculty's sick leave balance, unless the Sick Leave Bank is terminated.

In the event the Sick Leave Bank is terminated, the total days on deposit shall be returned proportionately according to the individual faculty's contribution.

In order to be considered for benefits from the Sick Leave Bank, the illness or injury must require the services of a licensed medical practitioner and have an expected duration of greater than two weeks.

Requests for Sick Leave Bank assistance must be in writing and be accompanied by a written statement from a licensed medical practitioner stating the beginning date of the condition, a description of the illness or injury, a prognosis and date the faculty may be able to return to work. Monthly progress reports will be required to continue sick leave payments to the faculty.

Faculty who are granted sick leave from the Sick Leave Bank will not be required to pay back that sick leave to the bank.

Faculty may not designate a particular faculty to receive their donated sick leave as this program is for any and all qualified faculty who may be subject to a catastrophic illness or injury.

The salary level of the donor or the recipient will not be a factor as the intent of the Sick Leave Bank is to provide sick leave pay at the affected faculty regular rate of pay.

A faculty receiving sick leave from the Sick Leave Bank will continue to be paid from his/her regular budgeted account.

A committee will make the approval or disapproval of sick leave for an illness or injury from the Sick Leave Bank. The maximum amount of sick leave granted a faculty from the Sick Leave Bank cannot exceed one-third of the pool balance or 90 work days whichever is less.

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MODEL LABORATORY SCHOOL

The Model Laboratory School, located in the Donovan Building, offers programs from nursery school through the twelfth grade. Application for admission should be made to the Director of the Laboratory School. The Board of Regents fixes tuition fees for the Laboratory School. Information about fees is available in the Office of the Director.

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PARKING PERMITS

The University requires that all faculty, staff and students driving automobiles to campus register their vehicles with the Division of Public Safety and observe the parking regulations contained in the publication Motor Vehicle Parking Regulations which can be obtained from the Division of Public Safety, Brewer Building, telephone number (859) 622-2821. Parking regulations are also posted on the Division of Public Safety link from the University's web site.

Guests and Visitors

Guests and visitors can obtain temporary parking permits from the Parking Office, 400 Brockton which is next to the Brewer Building on Kit Carson Drive. The Parking Office is open Monday through Friday, 7:30 a.m. to 5:00 p.m. Temporary parking permits may also be obtained from the Division of Public Safety when the Parking Office is closed.

Part-time Instructors

Part-time instructors can obtain a parking permit with an authorization form from the Division of Human Resources. Parking Permits can then be picked up at the Parking Office.

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Faculty members are invited to participate in a multitude of university social, cultural, and recreational functions. Included in these opportunities are lectures, movies, plays, recitals, concerts, art exhibits, and athletic contests.

The University provides many physical activity and recreational facilities. Staff members may participate in a variety of games and sports in Alumni Coliseum, Weaver Building, Begley Building, Greg Adams Building (indoor tennis), or outside areas, including the Thomas E. McDonough Intramural Fields. Tennis, golf, swimming, and other facilities are available for staff recreation and fitness.

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TICKETS FOR ATHLETIC EVENTS

The University sponsors a wide range of men and women's intercollegiate sports. These teams participate in the Ohio Valley Conference and also compete against non-conference institutions. Eastern is a member of the National Collegiate Athletic Association competing in Division I (Division IAA in football).

'The University encourages staff support of its athletic teams by providing the opportunity to purchase football and basketball reserved seat season tickets at half price for all full time faculty. Single game tickets are sold at regular prices. Tickets and schedules for all athletic teams may be acquired from the athletic ticket office in the Alumni Coliseum. Ticket and game information is regularly included in various newsletters and bulletins distributed on-campus.

Faculty may purchase a maximum of four season tickets at half-price. An Eastern faculty may purchase the season tickets at half-price for himself/herself only. Faculty are not permitted to purchase tickets for another Eastern faculty at half-price.

In order to receive tickets at half-price, the recipient must be a full-time faculty of Eastern. Retired Eastern faculty and spouses of deceased Eastern faculty may also purchase season tickets at half-price.

When tickets become available for football and basketball games the sale of such tickets will begin on a "first-come-first-served" basis. Ticket holders desiring seat improvement or relocation must notify the ticket office in writing. Requests will be honored on "first-come-first-serve" basis.

When any season tickets become available for football and basketball, priority will be honored as follows: Colonel Club Membership, season ticket holders, general public. It is the ticket holder's responsibility to notify the ticket office in writing of a change of address.

Internal Revenue Code, Section 132 mandates that a portion of ticket discounts should be treated as taxable income. Since EKU faculty receive a fifty percent discount, twenty percent of the total value is tax-free and thirty percent of the total value is taxable income.

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BEREA COLLEGE TUITION WAIVER

Pursuant to this agreement between Berea College and Eastern Kentucky University, faculty and staff of one institution are eligible to receive a full tuition waiver upon enrollment in undergraduate courses at the other institution. The terms of this agreement are set forth in this document and identified below:

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Eligibility
An Eastern Kentucky University faculty whose status meets the requirement for participation in the University staff benefit package (i.e., retirement system, health insurance) or who is a regular full time faculty is eligible to participate in the faculty/staff scholarship program. Temporary faculty are not eligible for a tuition waiver. The tuition waiver may be transferred to the legal spouse and/or dependent children of eligible faculty for classes taken at EKU, the Kentucky Commonwealth Virtual University and some study abroad programs. If you have any questions about faculty eligibility, contact the Division of Human Resources.

Applicability
Staff may use a tuition waiver for any course (s) for academic credit and for special interest courses that are directly related to employment responsibilities. A spouse or dependent child may use the tuition waiver for academic credit courses ONLY. The scholarship support is not to exceed six hours per term for fall, spring, and summer. The scholarship applies only to tuition and not to special course fees or other fees required for a course.

A dependent child is defined as one who is an unmarried natural child, adopted child, stepchild or legal ward and is less than 25 years of age as of the first day of the semester for which the class is offered and who is claimed by the faculty for income tax purposes. In the case of legal separation or divorce, a natural or adopted child or legal ward may participate in this program regardless of which parent declares the child as a dependant for income tax purposes. Spouses and/or dependent children must meet University admission requirements and any specific program requirements.

Spouses and dependent children who are receiving scholarships from other sources are eligible to participate in this program; however, the combined amount of all tuition waivers/scholarships may not exceed the total amount of tuition and fees. A residual check cannot print form this tuition waiver or tuition scholarships nor will there be a refund issued for withdrawing or dropping hours.

Scheduling
Faculty are encouraged to take courses other than during the normal working hours. In the event a conflict with working hours cannot be avoided, the faculty should make arrangements with his/her supervisor to make up the time or request time without pay.

Procedures
Individuals should complete a Faculty/Staff Tuition Waiver prior to enrolling for a class. The individual is responsible for obtaining all required signatures in Section V. Each department keeps a copy of this form on file for each faculty. A copy of the executed form is provided to either the Financial Aid Scholarship Office or the Office of Community & Workforce Education. Keep in mind; faculty must complete a new tuition waiver request each semester for all classes.

NOTE: For those families who have both parents eligible for the six-hour tuition waiver, the dependent student can use six hours from each parent. The parents and dependent student need only complete one form. Both parents can sign the authorization in Section V.

Tax
Participation in the Faculty and Staff Tuition Waiver Program may generate additional taxable income under the provisions of the federal tax code for graduate, professional, and doctoral level programs.

1. The course offering institution will provide a report to the chief personnel officer of each employing institution on all employees participating in the Faculty and Staff Tuition Waiver Program. The report shall designate the course number and whether the course is undergraduate, graduate, doctoral, or professional.
2. The employing institution is responsible for withholding of the proper taxes and for reporting taxable income for all employees of the institution regardless of the institution where the course is taken.
3. Any tax liability incurred through participation in this program is the responsibility of the faculty.

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Those desiring to purchase Government Bonds by a payroll deduction may arrange to have this done at Human Resources.

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The Wellness Center is located in the Weaver Building and is available to all university faculty. It offers a wide range of health and lifestyle testing procedures, as well as exercise and weight equipment

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Faculty terminating employment tat EKU prior to retirement will receive no compensation for accumulated sick leave days. A faculty member who retires from EKU can receive up to one half year of service credit toward retirement benefits based on accumulated sick-leave days.

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Faculty members are expected to attend convocations as requested by the President. Academic caps, gowns, and hoods are required for the fall, spring and summer graduation ceremonies and for other occasions as the President may direct. Faculty members provide their own academic regalia. These may be rented if proper arrangements are made with the University Store at the time notices are distributed to the faculty.

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Retired faculty have many of the privileges of the faculty, including faculty parking privileges: an ID card: faculty library privileges; the purchase of athletic tickets at reduced rates; discounts at EKU bookstore: obtaining a Faculty/ Staff Telephone Directory: and the use of the facilities at Information Technology and Delivery Services (as space allows). Persons age 65 or older may also take one course tuition free under the Donovan Scholarship Program.

Additional information concerning these privileges may be obtained through the office of the Provost for Academic Affairs.

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The Teaching and Learning Center serves the University through a variety of faculty development activities, including one-on-one consultations, small-group workshops, learning communities, guest lectures, university-wide forums, and Center-sponsored conference trips. Through our collaborations with Instructional Technology, Media Resources, the Library, the Writing Center, Sponsored Programs, and the Training Resource Center, we strive to answer the needs of the campus community across a wide spectrum; often our most important role is that of conduit, bringing together faculty with the right resource personnel.

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Criteria. Nominees for emeritus/emerita status should meet the following criteria:

1. They should hold academic rank,
2. They should have achieved tenure status at the University,
3. They should have served a minimum of ten years in a full-time capacity with the University,
   and
4. They should be eligible to retire under the current provisions of the Kentucky Teacher's Retirement System.

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Since the bringing together of students and instructors is the primary function of the University, the general policy at Eastern Kentucky University is that all classes meet as scheduled. In case of an anticipated absence, the instructor must propose a plan for covering classes to be approved by the department chair. The proper forms to be submitted in the event of a faculty absence are available in the department offices. In case of an unanticipated absence, the department chair should be notified so that proper arrangements can be made for classes. The sick leave policy appears in this section of the Handbook.

In the event of absence because of temporary, short-term health disabilities not covered by accumulated sick leave credit, a faculty member may be granted a temporary leave of absence without pay upon the recommendation of his or her supervisor, vice president, and the President, and approval by the Board of Regents. Short-term leaves without pay for other purposes may be requested in the same manner.

Any temporary leave of absence shall be for a specific period of time. Any faculty who has an approved temporary leave without pay must arrange with Human Resources continuation of benefits.

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Requests are frequently received for consultative services and speeches to public schools, businesses and industries, government agencies, and community groups. Performance of such service is considered to be a desirable professional activity. Budget unit travel funds may be used to cover expenses of travel involved in such activity if the agency involved does not reimburse or compensate the faculty member. Activity consulting rates and operational policies are available in the Divisions of Sponsored Programs and Community Workforce Education.

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All requests for sponsored projects (i. e., externally funded grants and contracts) must be coordinated through the Division of Sponsored Programs. Such requests are usually designed to improve instruction, provide expanded public services to the Commonwealth, and/or conduct research. Copies of the operational policies and procedures governing grants and contracts are available in the offices of department chairs, academic deans and the vice presidents as well as the Division of Sponsored Programs.

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Eastern Kentucky University encourages interaction with both the public and private sectors as an important component of all education, public service, and research activities. Accordingly, the University is committed to conducting its sponsored projects within the highest standards of integrity. This includes the identification of the potential for conflicts of interest, and further, ensuring that the conflicting financial interest of an individual investigator does not reasonably appear to affect the objectivity of his/her funded research or educational activities.

Federal agencies have revised their grants' administration policies to require that grant applicants adopt, and enforce, written policies regarding conflicts of interest and/or conflicting financial interests. These new requirements include a Financial Disclosure Statement which must be completed by the appropriate investigator and forwarded for review through the designated University channels.

The complete University policy on Conflict of Interest/Financial Disclosure may be found in the offices of the deans and department chairs, the Crabbe Library, and the Division of Sponsored Programs.

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The principles that govern scientific research are well established and have long been applied toward the discovery of new knowledge. High ethical standards based on these principles are a critical responsibility of faculties and administrators of academic institutions, and accuracy in the collection and reporting of data are essential to the scientific process. Dishonesty in these endeavors runs counter to the very nature of research which is the pursuit of the truth.

The academic community is ultimately responsible to the public, and public trust in the academic community is absolutely vital. It is in the best interests of both the public and academic institutions to prevent misconduct in research and to deal responsibly with instances where misconduct is alleged.

Copies of the complete policy are available in the offices of the deans, the offices of department chairs, the Division of Sponsored Programs, and the Crabbe Library.

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Full time members of the University faculty are expected to devote their major energies to their contracted responsibilities. However, it is recognized that certain forms of outside activity contribute to the professional development of the individual and reflect credit upon the University. Whether such activities are performed with or without remuneration, there should be no interference with the fundamental responsibility of faculty to meet their regularly assigned duties and obligations. University faculty are obligated by professional ethics to keep their various activities in reasonable balance and to make a careful determination of priorities.

Specific Interpretations Governing Professional Outside Activities of Faculty

1. Time Limitation. Full-time faculty of the University may carry out professional activities outside the University with or without pay up to the equivalent of one work day a week, averaged throughout the number of weeks of their employment in a given year, Saturdays and Sundays excluded. When faculty members are not under contract with the University and during official vacation and holiday periods, they may engage in outside activities without time restrictions.
2. Division of Sponsored Programs and/or Community and Workforce Education. Faculty who are employed full time are limited to 4 days per month or 36 days during the academic year (August 15 - May 15) on outside funded projects through Division of Sponsored Programs and/or Community and Workforce Education. Requests for outside employment forms are to be filed for each activity since outside funding is involved. If faculty need to exceed 36 days during the academic year, then released time should be provided for in the project budget.
   
   Faculty who do not teach during the intersession and/or summer term may be employed on projects through Division of Sponsored Programs and/or Community and Workforce Education in keeping with University policies and approved internal budgets. Compensation may not exceed one-ninth of the prior academic year salary for anyone month during the period May 16 - August 14. Requests for outside employment forms are to be filed in advance for each activity.
   
   Faculty employed full-time during the intersession are limited to one day per week. Faculty employed full-time during the summer term are limited to one day per week. Faculty employed less than full-time in the intersession or summer term may be approved for additional days on a pro rata basis. Requests for outside employment forms are to be filed in advance for each activity in the intersession and summer term.
   


3. Approval Procedure. Each outside activity, with or without pay, should be thoroughly discussed with the chair of the department before it is accepted. A clear, written statement of the nature of each activity and the amount of time it will likely require, including time away from the institution, should be submitted to the department chair and written approval obtained. This makes it clear that the faculty member has discussed the nature of each outside activity with the department chair and a mutual understanding has been reached. In order that the University may be cognizant of outside activities of faculty, the department chair will then submit the recommendation to the college dean, the Provost and Vice President for Academic Affairs, and the President for their consideration. Appropriate forms can be obtained from the office of the department chair.
4. Appeal Procedure. Any faculty member who has reason to believe that a request for approval of an outside activity which falls within these general guidelines has been denied has the right to make an appeal through procedures that now exist or may be established.
5. Use of University Resources. At the time of approval of the activity, appropriate arrangements for the use of and/or reimbursement for University resources shall be made and shown as a matter of record on the approval form.
6. Use of University Name. The University's name shall not be used in connection with any outside activity unless contracted through or otherwise approved by the University.
7. Outside Teaching. Teaching at other institutions is governed by the principle that outside activities should not encroach upon the faculty member's primary responsibilities to this University, and the approval procedure outlined in A. 3. above should be followed. Shared instructional service may be negotiated by the faculty member and appropriate administrative officers of the two institutions. In all cases, accreditation standards must be respected.
8. Legal Responsibility. The University cannot accept legal responsibility for privately initiated activities.
9. Conflict of Interest. Every precaution should be taken to avoid any possible conflict of interest or the appearance of a conflict of interest. See the AAUP/ACE conflict of interest statement (AAUP Policy Documents and Reports [Washington, D.C., 1984] pp. 158 60) for more thorough guidance regarding conflicts of interest.
10. Implementation and Monitoring of the Policy. Primary responsibility for compliance with the provisions of this policy rests with the individual faculty member. Faculty members are required to include a description of the professionally-related outside activities as part of their annual merit report. This description should be in sufficient detail to meet accreditation standards.

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All policies and regulations that apply to university-funded personnel and activities also apply to outside-funded personnel and activities, provided the outside funding is appropriately available to support expenses.

I. Remuneration and Personnel Policies
Personnel Classifications

All personnel classifications and salaries for externally funded grants and contracts shall be coordinated through the Eastern Kentucky University Personnel Office. The following guidelines will be used by the Personnel Office for salary determination and classification.

A. Exempt Positions (Contract)

Salary determination for grant and contract funded exempt positions will be based on the following:

1. Comparable education and general funded positions
2. Market factors
3. Educational level
4. Experience

In some cases, the exceptional nature of a position may not fall within EKU's classification system and salary may need to be based upon extenuating circumstances particular to that specific project. In all such cases, agency approval of the base salary for the unique position will be necessary.

B. Non-Exempt Positions (Hourly)

Classification and salary will be determined as follows:

1. For a position for which the Division of Human Resources determines that
   the job description fits an existing EKU classification that classification and
   applicable pay range will be utilized.
2. For a position for which the job description does not fit an existing EKU
   classification, the position shall be designated "Unclassified Hourly." It
   will be assigned an appropriate pay range number by the Division of
   Human Resources based on the following:

   a) Assessment of similar positions in the job market
   b) Education level
   c) Experience of individual

Salary Improvement Pools

Salary pools on grants and contracts are to be administered in the same manner as for other university personnel with regard to merit pay, across-the-board increases, and other adjustments if outside funds provide for such a pool.

Consulting

Federal regulations (OMB Circular A-21, J.8.) permit supplemental compensation for intra-university consulting during the academic year only in unusual cases and only when it is consistent with EKU University Policy concerning overload payment. These regulations specify that faculty members who function as consultants or otherwise contribute to sponsored agreements on federally sponsored agreements conducted by another faculty member at EKU may receive compensation in excess of their full-time base salary only if the arrangement for consulting or other collaboration meets all of the following conditions:

a) the consultation is across departmental lines or involves a separate or remote location,
b) the work performed by the consultant is in addition to his/her regular department load,
c) the consulting arrangement has been specifically provided for in the sponsored agreement or approved in writing by the sponsoring agency.
d) the consulting arrangement has the approval of the faculty member's dean.

1. Compensation for intra-university consulting normally will be pro-rated from each individual's base salary on the basis of 7.5 hours per day for a 195 work- day (9 months) academic year for faculty and a 260 work day (12 months) year for persons on a fiscal year appointment.
   
   While lesser rates often may be negotiated when appropriate, in rare instances, and when approved by the Provost/Vice President, rates exceeding those identified may be paid in proposals or agreements between Eastern Kentucky University and private funding sources.
   
   Situations involving the use of such increased rates will adhere to the following guidelines:
   
   1. may be utilized only when the source of funding is private:
   2. generally used for short-term activities; and
   3. the faculty expertise desired by the private sector requires technical skills in high demand.
2. Consulting includes, but is not limited to, development, preparation, observation, writing, research, teaching and training.
3. On each approved federal project, including state or other projects which include any federal money as pass through, the project director/principal investigator may receive salary through release time but may not receive consulting pay. On any other approved project the project director/principal investigator may receive either a salary (including release time) or consulting pay, but not concurrently, within governing regulations.

Summer and Intersession Salaries for Nine-Month Employees

1. Faculty and staff participation in outside activities is covered by a statement of policy in the Faculty and Staff Handbooks. The salary provisions of this policy provide that compensation may not exceed one-ninth of the prior academic year salary for any one month during the period May 16 - August 14. Compensation may also be paid on a consultant-day-rate basis. The total of the compensation for the May 16 - August 14 period on the consultant-day-rate basis will not exceed 3/9's of the academic year salary. Requests for outside employment are to be filed in advance for each activity.
2. For summer the prevailing university approved percentages and cap will apply if university funds are used to pay the compensation.
3. Since project employment for summer employment is justified on the needs of the project plan of work, vacation days will not be paid.

Supplemental Pay Reporting

For administrative-purposes, supplemental pay reporting both for the academic year and for the summer session will be identified, and clearly coded in printouts from the Division of Human Resources, as follows:

1. Pay from external sources, via Sponsored Programs
2. Pay from external sources, via Community & Workforce Development
3. Pay from external sources, via Development

II. Indirect Cost Recovery (Facilities & Administrative Costs) And Fringe Benefits

1. Eastern Kentucky University will either receive the approved federal rate as applied to salary and wages as the institution's indirect cost recovery for all grants, contracts or sponsored agreements or the percentage to which the sponsor limits indirect costs, which must be documented in writing. Permission to waive indirect costs due to strong extenuating circumstances may only be approved by the Provost/ vice-president.
2. Fringe benefits charged to projects will be based upon rates provided by the Division of Accounting and Financial Services.

III. Proposal Routing

1. A proposal being submitted for funding to a government agency, or any combination of government agencies, will be directed through the Division of Sponsored Programs.
2. A proposal being submitted for funding to a government agency and a private source, or any combination of governmental agencies and private sources, will be directed through the Division of Sponsored Programs.
3. A proposal being submitted for funding to a private foundation or corporation, including all underwriting agreements, or any combination of private foundations, corporations, or underwriting agreements, may be directed through either the Division of Sponsored Programs or the Division of Development depending upon whether the proposal can best be classified as a "sponsored project" or a "gift" (see definitions below).

   Definitions

   1) A "sponsored project" has certain characteristics such as a project director, specific goals or objectives, a plan of work, an expected outcome, and a line-item budget.

   2) A "gift" tends to be more generic, giving the University and the associated faculty or staff, some degree of discretion as to the use of funds, or the use of the product such as equipment or facility.

4. A proposal, or agreement, being submitted for funding and/or negotiated with a private business, industry, organization, association or any combination of private businesses, industries, organizations, or associations will be directed through the Division of Sponsored Programs.
5. The complexity of certain proposed activities will require divisions and vice presidential areas to continue the dialogue and cooperation that has, long been characteristic of Eastern Kentucky University.

IV. Capital Expenditures

The following guidelines will be used in approving capital expenditures on externally funded projects.

1. Care should be taken to ensure that acquisitions are justifiable.
2. Units should understand that after the expiration of a project:
   
   1. Contract funded equipment might not be replaced with institutional funds.
   2. The maintenance and operation of the equipment must be supported without additional institutional resources.

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A member of the faculty of the University may participate in partisan political activity, as do other citizens. Faculty may be candidates for local governmental offices requiring part time service only, such as a city council, a county governing board, or a school board. Employees may also serve on boards and commissions where they are prepared to render exceptional services.

Members of the faculty desiring to become candidates for a major office in the state or national government (or for a time consuming local position) should consult with their department chair, the dean of the college, the Provost for Academic Affairs, and the President concerning the possibility of obtaining a leave of absence for the period of active candidacy and/or term of office. Such leave shall not affect eligibility for reinstatement to former positions in the University.

Faculty of the University are encouraged to take an interest in public affairs. Nothing in the University regulations shall be construed as abridging the rights guaranteed to citizens of Kentucky and of the United States under the state and national constitutions. Faculty participating in political activities are expected to make it clear that they are participating as citizens and not as official representatives of the University. Such activities are not to interfere with University duties.

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DRUG FREE WORKPLACE

Eastern Kentucky University complies with the Federal Drug Free Workplace Act of 1988 and the Drug Free Schools and Community Act Amendments of 1989, and prohibits the unlawful manufacture, distribution, dispensation, possession, or use of alcohol of any other drug or controlled substance in the workplace. Violators of this policy will be subject to the normal disciplinary procedures of the University. Individuals convicted by Federal or State Courts for such a violation will be subject to disciplinary procedures of the University. Individuals convicted by Federal or State Courts for such a violation will be subject to personnel action up to and including termination. If employment is continued, the employee will be required to satisfactorily participate in an alcohol or drug abuse assistance program approved for such purposes by a Federal, State, or local health or law enforcement agency. The University provides educational programs designed to inform members of the University community of the dangers of abusing alcohol and other drugs. These are open to employees of the University and they will be announced through appropriate channels. Information concerning the dangers of alcohol and other drugs is available through the University available through the University Counseling Center, which also provides assessment and referral services.

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EO/AA Statement, Veterans Statement

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT

Eastern Kentucky University is an Equal Opportunity/Affirmative Action employer and educational institution and does not discriminate on the basis of age, race, color, religion, sex, sexual orientation, disability, national origin or Vietnam era or other veteran status, in the admission to, or participation in, any educational program or activity which it conducts, or in any employment policy or practice. Any complaint arising by reason of alleged discrimination should be directed to Executive Director, Equal Opportunity Office, Eastern Kentucky University, Jones Building, Room 106, Coates CPO 37A, Richmond, Kentucky 40475 3102, (859) 622 8020 (V/TDD), or the Director of the Office for Civil Rights, US Department of Education, Philadelphia, PA.

VETERANS STATEMENT

It is the policy of the University that there shall be no discrimination in employment (including recruitment, hiring, promotion, compensation and any other condition, or privilege of employment) on the basis of status as a disabled veteran, Vietnam era veteran (as defined in 38 USC Sec. 4211 and 41 CFR 60-250) or as a veteran who has served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized, with regard to any position for which such individual may be qualified. This policy is intended to be in compliance with the University's obligation as a federal contractor under the Vietnam Era Veteran's Readjustment Assistance Act, specifically 38 USC Sec. 4212, and its implementing regulations, 41 CFR 60-250. Any complaint arising by reason of alleged discrimination shall be directed to: Executive Director, Equal Opportunity Office, Eastern Kentucky University, Jones Building, Room 106, Coates CPO 37A, Richmond, Kentucky 40475-3102, (859) 622-3102, (859) 622-8020 (V/TDD).

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Any member of the faculty, staff or student body who believes she or he requires a reasonable accommodation with respect to their employment or participation in any program or activity should contact the Office of Services for Individuals with Disabilities, located in 315 of the Student Services Building, (859) 622-2933 (V/TDD). Information concerning the Americans with Disabilities Act (ADA), and the rights provided thereunder, is available from the ADA Coordinator, located in the Turley House, Turley 1, (859) 622-1500 (V/TDD).

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University Policy

Eastern Kentucky University is committed to maintaining a learning and working environment for all students, faculty, and staff that is fair and responsible and that is free of sexual harassment. Sexual harassment undermines the mission of the University and offends the integrity of the University community. It will not be tolerated.

Sexual harassment is a form of unlawful sex discrimination prohibited by both state (KRS 344) and federal (Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments) law. Additionally, federal and state law and University policy prohibit any form of retaliation against a person who files a discrimination complaint, including sexual harassment, or who participates in an investigation.

Eastern Kentucky University strictly prohibits sexual harassment by its agents, employees (faculty and staff) and students.

What is Sexual Harassment?

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment.
2. Submission to or rejection of any such conduct by an individual is used as a basis for educational or employment decisions; or
3. Such conduct has the result of unreasonably interfering with an individual's educational or work performance, or creating an intimidating or offensive educational or working environment.

Identifying Sexual Harassment

Sexual harassment can take many forms. The determination of what constitutes sexual harassment will vary according to the particular circumstances. Generally, sexual harassment may be described as unwelcome sexual behavior that a reasonable person would find offensive and that adversely affects the working or learning environment. Sexual harassment may involve behavior by a person of either gender against a person of the same or opposite gender. Possible examples may include but are not limited to the following:

1. Conditioning an employment-related action (such as hiring, promotion, salary increase or performance appraisal) on a sexual favor or relationship;
2. Seeking sexual favors or relationships in return for the promise of a good grade or other academic opportunity; or
3. Unwelcome advances, propositions, invitations or demands for sexual favors; unwelcome physical contact such as touching, patting, pinching, massaging a person's neck or shoulders, etc.; Sexually explicit language or writings; Suggestive comments about physical attributes or sexual experience; Repeated, unwelcome requests for dates; Displaying or distributing sexually offensive posters, pictures, words or messages; sexual or derogatory comments about men/women on coffee mugs, hats, clothing, etc.; sexual questions, jokes, anecdotes and stories without an educational or work-related purpose; Sexually suggestive leering or other offensive gestures of a sexual nature; physical assault; Other forms of sexually offensive conduct by individuals in positions of authority, co-workers or students, that unreasonably interferes with the ability of a person to perform her or his employment or academic responsibilities.

Prohibited Conduct

Every member of the University community is prohibited from:

1. Engaging in sexual harassment;
2. Retaliating in any manner against any individual who complains about sexual harassment or who participates in any procedure to investigate or redress a complaint of sexual harassment; and
3. Making an intentionally false allegation of sexual harassment through University channels or knowingly providing false information to or intentionally misleading University officials who are investigating a complaint of alleged sexual harassment.

Any member of the University community who engages in one of these prohibited acts against any other member of the University community shall be subject to disciplinary action and appropriate sanctions, up to and including discharge for employees and suspension for students.

Members of the University community are also advised that behavior of a sexual nature that is not sexual harassment may nonetheless be unprofessional, inappropriate or disruptive in the workplace or classroom and could warrant appropriate corrective action and discipline.

COMPLAINTS - Reporting and Processing

It is the responsibility of all students and employees to bring to the University's attention notice of any alleged incident of sexual harassment and to report promptly any act or event that is believed to be a violation of this policy so that the matter can be investigated promptly and appropriate and appropriate corrective action taken, if warranted. Complaints or reports should be directed to the Equal Opportunity Office, Jones Building Room 106, Coates CPO 37A, Richmond, Kentucky 40475-3102, (859) 622-8020 (V/TDD).

If you believe that you or any student or employee has been subjected to sexual harassment in violation of this policy, we ask that you immediately report your concerns to the Equal Opportunity Office, instructor, chair, dean or any other member of the administration with whom you feel comfortable in making such a report. To the extent permissible all such reports shall be treated confidentially and will be investigated by the University in a prompt and responsible manner.

The Equal Opportunity Office is an independent office of the University reporting directly to the President and is responsible for accepting and processing sexual harassment complaints. Instructors, chairs, deans, supervisors and other members of the administration should notify the Equal Opportunity Office when they receive or otherwise become aware of complaints.

Reports of sexual assault and other crimes should be directed to Public Safety, Brewer Building, (859) 622-2821 (EMERGENCY ONLY - 911), regardless of whether the incident has also been reported as a possible sexual harassment.

No student or employee shall be subject to any form of reprisal or retaliation for having made a good faith complaint under this policy. Appropriate steps will be taken to protect employees and students from retaliation.

Each complaint of sexual harassment must be evaluated on a case-by-case basis with reference to the pertinent circumstances. If appropriate, a complaint may be resolved informally. Other complaints will result in investigations, including interviews and review of documents. The rights of both parties are considered in conducting the investigation. Both the complainant and the alleged harasser will be notified of the outcome of the investigation. In determining whether conduct constitutes a violation of the University's sexual harassment policy, University officials will look at the record as a whole and at all of the circumstances of the situation.

Members of the University community are expected to cooperate in investigations by designated University officials of alleged sexual harassment. Student complaints of sexual harassment by other students may also be covered by certain provisions of "General Regulations Concerning Student Behavior," contained in the University Handbook for Students, and may be referred to Student Judicial Affairs for final resolution and disciplinary action, if warranted.

Additionally, the University may determine on its own to investigate particularly serious (e.g. coerced sexual acts) or prima facie well-founded allegations brought to its attention even when the complaining party is reluctant to pursue such charges. In certain circumstances, the Equal Opportunity Office may recommend to the appropriate University Official that the University take interim steps (i.e. pending completion of the investigation) as deemed necessary or appropriate to protect the safety and well being of the members of the University community.

Sexual Harassment by Third Parties

If a University employee (faculty, staff or student employee) believes that she or he has been sexually harassed within the scope of his or her employment activities by an individual who is not a University employee or student, the University employee should report the alleged sexual harassment to her or his supervisor or to the Equal Opportunity Office.

If a University student believes that she or he has been sexually harassed on campus by an individual who is not a University employee or student, the student should report the alleged sexual harassment to the Equal Opportunity Office, an instructor, chair, dean or any other member of the administration with whom the student feels comfortable.

If the University determines that a third party has sexually harassed a University student on campus or a University employee within the scope of her or his employment, the University will take corrective action. However, individuals who are not students or employees of the University are not subject to discipline under the University's internal processes.

Educational Programs and Additional Information

The Equal Opportunity Office, in conjunction with the University Counsel, Student Life and other appropriate offices of the University, provides educational and training programs to assist members of the University community in understanding this policy and their rights and responsibilities under it. To schedule a workshop or otherwise arrange training on sexual harassment, contact the Equal Opportunity Office. The Equal Opportunity Officer is also available to answer questions and to speak to classes, orientation groups, student organizations and associations on campus.

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1. INTRODUCTION

The responsibility for utilizing public funds and private donations for the purpose of educating and training the future leaders of the state and nation carries with it the duty to adhere to high ethical standards and principles. To provide further emphasis and support of its continuing commitments, the Eastern Kentucky University Board of Regents promulgates the following ethical principles and standards, which shall apply in all its operations and to all persons employed by the University, regardless of rank or position. These principles serve as the permanent foundation upon which the University operates, and more specific policies implementing these principles have been and may be enacted from time to time to help ensure understanding and compliance of these commitments.

2. PRINCIPLES OF ETHICAL CONDUCT

1. University employees shall not hold financial interests that are in conflict with the conscientious performance of their official duties and responsibilities.
2. University employees shall not use their public offices and/or positions for private gain.
3. University employees shall put forth honest effort in the performance of their duties and give first consideration to the objectives and policies of the University.
4. University employees shall make no unauthorized commitments or promises of any kind purporting to bind University. University employees are prohibited from negotiating or entering into contracts or other agreements which claim, imply or appear to involve the University, unless such actions are part of their official university duties and within the scope of their employment. The University President will specifically designate in writing those employees with signatory authority to contractually commit the University.
5. University employees shall act impartially and not give preferential treatment to any private or public organization or individual. All University expenditures shall be made without prejudice, seeking to obtain the maximum ultimate value for each dollar of expenditure.
6. University employees shall protect and conserve public property and shall not use it for purposes other than authorized activities. No property belonging to or under contract to the Commonwealth may be used for unauthorized activities.
7. University employees shall promptly disclose waste, fraud, abuse, and corruption in accordance with the University's Fiscal Misconduct Policy, approved by the Board of Regents, at its meeting on November 8, 2002.
8. University employees must follow all applicable provisions set forth in the statutes of the Commonwealth of Kentucky, and applicable federal or local laws, rules and regulations.

 

3. CONFLICTS OF INTEREST

1. Kentucky Statutory Requirements

1. No officer or employee of the University shall make transactions of any business with himself/herself, or with any corporation, company association, or firm in which he/she or his/her spouse has any interest greater than five percent (5%) of the total value.
2. No University officer or employee shall knowingly for himself/herself or by his/her partners or through any corporation which he/she controls or in which he/she owns or controls more than ten percent (10%) of the stock, or by any other person for his/her use or benefit or on his/her account, undertake, execute, hold, or enjoy, in whole or in part, any contract, agreement, sale or purchase of the value of twenty-five dollars ($25) or more, made, entered into, awarded or granted, unless said contract, agreement, sale or purchase was made or let after public notice and competitive bidding.
3. No University officer or employee, including persons who serve without salary or other payment for their services, shall knowingly receive or agree to receive, directly or indirectly, compensation for any services rendered or to be rendered, either by himself/herself or another, in any cause, proceeding, application or other matter which the University functions.
4. No member of the University Board of Regents shall have an interest in any contract with the University unless such contract shall have been subjected to competitive bidding, unless such Regent shall have been the lowest bidder and unless such Regent shall have first notified in writing the remaining members of the board, and the newspaper having the largest circulation in the county of the University, of his/her intention to bid on such contract.
5. No University employee shall be interested in any contract or purchase for the building or repairing of any structure or furnishing of any supplies to the University.

2. Outside Employment and Service of Employees. University employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with University duties and responsibilities.
3. Disclosure of Interest in Possible Contract or Property to be Acquired. If any University employee shall be interested, either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract with the University or have any legal or equitable interest in property that may be acquired by the University, such interest shall be disclosed and shall be set forth in an affidavit filed with the Office of University Counsel, and the University employee shall not participate on behalf of the University in the authorization or awarding of any such contract. Such disclosure shall be made as soon as possible upon the employee's learning of the potential contract and in no event, less than thirty (30) days prior to the authorization or award of any such contract.


4. ACCEPTANCE OF GIFTS AND BENEFITS

1. Definition. A "benefit" is anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare an employee has a direct and substantial interest or otherwise any money, article or other thing of value.
2. Undue Influence. No University employee may solicit, offer, confer, agree to confer, accept, or agree to accept any benefit in exchange for his or her decision, opinion, recommendation, vote, or other exercise of official power or discretion. A benefit that is otherwise allowed by University is nevertheless prohibited if it is offered in exchange for official action, as described above.
3. Prohibited Benefits. University employees who exercise discretion in connection with contracts, purchases, payments, claims, and other pecuniary transactions of government may not solicit, accept, or agree to accept any benefit from any person the employee knows is interested in, or is likely to become interested in any contract, purchase, payment, claim, or transaction involving the employee's discretion. This prohibition does not apply to gifts or other benefits conferred on account of kinship or a personal, professional, or business relationship wholly independent of the employee's status as a University employee.
4. Awards. University employees may accept plaques and similar recognition awards, including achievement and recognition awards.

5. UNIVERSITY PROPERTY AND SERVICES

1. Abuse of Official Capacity. University employees shall not act with the intent to obtain a benefit, with intent to harm or defraud another, or to intentionally or knowingly misuse any thing of value belonging to the University that comes into their custody or possession by virtue of their office or employment.
2. Confidentiality of Official Information. University employees, in reliance on information to which he or she has access in his or her official capacity and which has not been made public, shall not (1) acquire or aid another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or (2) speculate or aid another to speculate on the basis of the information. University employees, with the intent to obtain a benefit or with intent to harm or defraud another, shall not disclose or use information for a nongovernmental purpose that he or she has access to by means of his or her employment and that has not been made public.

6. CONTACT OFFICE

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