��������

PDF copy of Bereavement Leave

�������� and Roger Williams School of Law Bereavement Leave Policy & Procedure 

Purpose

To define �������� (the “University”) policy and procedure regarding bereavement leave upon the death of a close relative. 

Scope

This  policy applies  to  all  employed in  full-time,  permanent positions  and  part-time, permanent positions by the University, subject to the terms herein and to the provisions of governing collective bargaining agreements (CBAs) for those recognized by same. Where there is conflict between the CBAs and this policy, whether by inclusion or exclusion of terms, the CBA’s express terms only govern. 

Policy

1. Immediate & Extended Family 

A maximum of five (5) days paid leave shall be granted to a employee upon the death of the employee’s spouse, child, (as defined in �������� Family Leave Policy & Procedure) parent, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or relative living in the employee’s household and not paying rent to or on behalf of the employee for at least nine (9) continuous months preceding the death. The relative must be registered with the University’s Department of Human Resources (HR) for at least nine (9) continuous months preceding and at the time of death, on a form as determined by HR, certifying the familial relationship and living arrangement. 

2. Purpose 

The leave is exclusively to mourn, attend a funeral, burial or other similar grieving ceremony and to comfort others in a time of personal loss. Therefore, the employee utilizing bereavement leave may be required, at the University’s discretion, to validate the death and preparation and/or attendance at a grieving ceremony and/or visitation with others, grieving the loss in a manner reasonable under the circumstances. 

3. Additional Considerations

A. In the event of a common disaster, the paid days are not multiplied unless there are disparate locations for a funeral, burial or other similar grieving ceremony among those who have died.

B. In the event the number of paid leave days reaches fifteen (15) in any given year, the remaining leave authorized hereunder will be unpaid. 

Updated: May 2008 

PDF copy of Dental Insurance

�������� and �������� School of Law Dental Insurance Policy

Purpose

To identify eligibility for dental insurance. 

Scope

All employees (Note: those employees covered under a collective bargaining agreement, please refer to the appropriate contract) 

Policy

Full-time regular employees holding positions on payroll are eligible to elect group dental insurance through ��������.  Open Enrollment period is held, usually on an annual basis, at which time staff can add, drop or change their level of coverage.  There is a maximum benefit amount per enrolled member for covered services each year.

Eligibility for Dental Insurance 

Staff may elect to cover themselves, and, if applicable, their spouses and/or children. Spouses may include those who are legally married and those who fit the definition of common law spouse. Children may include the employee's unmarried natural and/or legally adopted children, or children for whom the employee has been granted legal guardianship. Except in certain circumstances, children must be under the age of 19 or full-time students under the age of 24. Dental insurance becomes effective the first day of the month following the date of hire. Coverage ceases at the end of the month in which eligibility ends. 

Cost for Dental Insurance 

Costs are outlined in information packages distributed at New Employee Orientation and during Open Enrollment and may also be obtained from the Office of Human Resources.

Tax Treatment of Dental Insurance 

Employees' paychecks are generally reduced monthly by the amount of the appropriate dental insurance premiums on a pre-tax basis. This pre-tax plan is governed by Internal Revenue Service regulations. Under certain circumstances it may be necessary to deduct certain portions of premiums on a post-tax basis. Employer portions of premium can be considered taxable income in certain circumstances. 

Double Dental Insurance (Buyback) 

Employees who certify that they are covered by dental insurance from a source outside of ��������, may be eligible to receive a payment if they decline to enroll in �������� group dental insurance. This money is considered taxable income.

Status Change 

If a change is the result of a Qualifying Event such as a marriage or divorce, birth or adoption of a child, employees are encouraged to contact the Office of Human Resources within 30 days of such an event, for enrollment changes effecting one’s benefits. 

Updated: October 2008 

PDF of Domestic Partner Policy and Forms

�������� & �������� SCHOOL OF LAW BENEFITS INFORMATION REGARDING DOMESTIC PARTNERS

(Effective January 1, 2008)

(Revised April 9, 2014)

Overview

�������� and �������� School of Law (collectively "University") recognize domestic partners (as defined below) of its employees as spousal equivalents for certain benefits, to the extent permitted by law and by insurance underwriting requirements. Such benefits are available to non-bargaining unit employees depending upon their eligible benefit status and to bargaining unit employees whose collective bargaining agreement provides for such benefits.

A domestic partner may be of the same or opposite sex. The University utilizes the criteria established by its insurance carriers for recognizing domestic partners, which criteria is subject to change based upon insurer underwriting requirements. The current criteria are outlined in the attached "Declaration of Domestic Partnership" (Appendix A). The employee and domestic partner will be required to submit a signed Declaration and accompanying required documentation to certify eligibility. Please note that additional criteria, as referenced below under Available Benefits, may be applicable to specific benefits.

Employees are required to notify the University's Benefits Manager in writing utilizing the University's "Termination of Domestic Partnership" form (see attached Appendix B) within thirty days of any termination of the domestic partnership or failure to meet any of the above-referenced criteria.

Benefits

University benefits that may involve domestic partners and domestic partner's dependent(s) are outlined below. Due to federal benefit restrictions and insurance underwriting requirements, some of these benefits are not available to domestic partners and domestic partner's dependent(s). The University's Benefits Manager is available if you have any questions regarding these benefits.

In addition to federal law and insurance carrier restrictions, all benefits are subject to applicable University policies and benefit plan documents, as well as applicable collective bargaining agreements (for example, any minimum working hour requirements for accessing medical and dental insurance).

Available Benefits

• Domestic partners may be enrolled in the University's medical and dental insurance plans; the domestic partner's dependent child/children may be enrolled if he/she/they meet medical and dental carrier dependent requirements
• Medical and dental buyback if opting out of the University's medical and/or dental plan for domestic partner plan coverage
• Benefits under the federal Family and Medical Leave Act and Rhode Island Parental & Family Medical Leave Act
• Sick time may be used to care for the domestic partner and the domestic partner's dependent(s)
• Voluntary spousal life, accidental death and dismemberment, and long term care insurance for the domestic partner, subject to any specific insurance carrier requirements; domestic partner's dependent child/children life insurance if he/she/they meet insurance carrier dependent requirements
• Participation in Tuition Exchange, Council for Independent Colleges, and/or Tuition Remission for domestic partner; the domestic partner's dependent child/children may participate if he/she/they meet the definition of "dependent" under Section 152 of the Internal Revenue Code (a "Tax Certification of Dependency" form must be completed and submitted)
• Fitness Center family membership for domestic partner and the domestic partner's dependent(s)
• Bereavement time for the death of the domestic partner and the domestic partner's dependent(s)

Contingent Benefits

Note: The below benefits are only available if the domestic partner/ domestic partner's dependent(s) meet the definition of "dependent" under Section 152 of the Internal Revenue Code (a "Tax Certification of Dependency" form must be completed and submitted)

• COBRA medical/dental insurance continuation coverage to the domestic partner/ domestic partner's dependent(s)
• Flexible spending accounts for expenses related to the domestic paiiner/ domestic partner's dependent(s)

Tax Consequences

IMPORTANT:

Federal and state law does not recognize a domestic partner as a legal spouse for federal and state income tax purposes. Therefore, any tuition remission benefits and the University contribution to the medical and dental plans for the domestic partner/domestic partner's dependent(s) coverage are considered taxable income to the employee and must be included in the employee's bi-weekly paycheck as taxable income for both federal and state purposes. In addition, any medical and dental premium cost the employee is required to contribute for domestic partner/domestic partner's dependent(s) coverage must be contributed as an after-tax deduction. By accessing domestic partner benefits, the employee agrees that it is his/her responsibility to pay all applicable taxes and authorizes the University to withhold necessary taxes via standardized payroll deduction.

The above tax matters do not apply if the domestic partner/domestic partner's dependent(s) meet the definition of "dependent" under Section 152 of the Internal Revenue Code (a "Tax Certification of Dependency" form must be completed and submitted). Any additional tax consequences incurred by the employee may not be used to satisfy an employee's maximum premium share contribution to his/her medical and/or dental insurance.

The above imputed income amounts are not added to the employee's compensation base for group life insurance, disability benefits, or retirement plan contributions. Employees are encouraged to speak with their own tax advisor if they have questions regarding the tax treatment of certain benefits.

APPENDIX A DECLARATION OF DOMESTIC PARTNERSHIP

Employee Name 

Domestic Partner Name

Group Name ("GROUP")(if applicable)

1. Eligibility Certification. 

By signing below, we hereby certify that we meet the following eligibility criteria:

a. We are at least eighteen (18) years of age and are mentally competent to

contract.

b. Neither of us is married to anyone else.

c. We are not related by blood to a degree which would prohibit marriage in our state of legal residence.

d. We reside together and have resided together for at least one (1) year.

e. We are financially interdependent and can demonstrate such interdependence by submitting the Required Documentation listed in paragraph 2 of this Declaration.

2. Required Documentation. We have included documentation to substantiate two (2) of the following items (check applicable items):

• Notarized domestic partnership agreement or relationship contract.
• Joint mortgage or joint ownership of primary residence.
• Joint ownership of automobile. (Joint title or joint bill of sale accepted.)
• Joint lease. Must be dated one ( 1) year prior to the request for coverage.
• Joint checking, savings or credit account. Must be dated one (I) year prior to the request for coverage.
• The domestic partner has been designated as a beneficiary for the employee's will, retirement contract or life insurance. Must be dated one (1) year prior to the request for coverage.

3. Notice of Changes. We agree to notify the GROUP if the status of this relationship changes, including termination of the relationship or our failure to meet the criteria outlined in paragraph 1 of this Declaration, no later than 30 days from the date of such change.

4. Penalties for Misrepresentation. We affirm the statements attested to in this Declaration are true and correct to the best of our knowledge. We understand that we are responsible for reimbursing the GROUP and/or BCBSRI for any expenses incurred as a result of any false or misleading statement contained in this Declaration, including but not limited to reimbursement for premiums and amounts paid in claims.

Under penalties of perjury, we certify that the foregoing representations are true, correct, and complete.

Employee Signature 

Domestic Partner Signature

Employee Name (Print) 

Domestic Paitner Name (Print)

Domestic Partner Declaration

APPENDIX B TERMINATION OF DOMESTIC PARTNERSHIP

I, __________________ (print name) do hereby declare that I no longer have a domestic partnership with (print name of former domestic partner).

I file this Termination of Domestic Partnership in order to cancel the Declaration of Domestic Partnership previously filed by me. The domestic partnership ended on ____ (date).

I understand that I may not file another Declaration of Domestic Partnership until twelve (12) months have passed from the above-referenced date. I certify that the information supplied on this form is true and correct.

(Employee Signature) (Social Security Number)

(Department) (Date)

Received by: ______________ _ Date: -----------

(Benefits Manager or designee)

PDF Copy of Records Management Policy

ADOPTED 5/6/15 

Section One Statement of Policy

�������� (��������) requires that University records, in all formats, be efficiently managed, retained and destroyed in compliance with academic, administrative, business and historical needs, as well as legal requirements and to optimize the use of space.

Section Two Applicability of Policy

 This Records Management Policy applies to each office, department or unit that has or may have the possibility of creating a record. The following is a list of offices, departments and units of the University that have the possibility of creating records; however the list is not intended to be inclusive, but rather illustrative of the entities that have that possibility.

Board of Trustees

President

Provost

Executive & Sr. Vice Presidents

All Vice Presidents

Chief of Staff

Academic Deans

Faculty Senate

Professor

Academic Advisement

Registrar

Human Resources

Sponsored Programs

Library

Learning Center

Enrollment Management

Law School

Financial Aid

Dean of Students

Student Conduct

Student Housing

Health Services

Athletics

Counseling

Camps & Conferences

Accounting

Treasury Management

Purchasing

Payroll

Accounts Payable & Receivable

Facilities Management

Bursar Information Technology

Cashier

General Counsel

Risk Management University Advancement

Alumni Relations Public Relations

Institutional Research

Public Safety

Lock Shop Environmental Health & Safety

Section Three

Definitions of Terms and General Description of Responsibilities

Document. 

A “document” is any piece of information, in any form, produced or received by ��������. It shall include written material such as letters, memoranda and reports; databases; websites; e-­‐mail communications; word and excel files; scanned images and photographs.

A document may be important to an operation of the University (such as an official transcript, letter of acceptance or appointment, approval of academic program, contract or e-­‐mail confirmation of an agreement, building plan, budget document, policy statement or Board resolution) or may not be important to the operation (such as an invitation to lunch, scheduling or confirmation of a routine meeting, a post-­‐it note or message to call home).

A document that is important to the operation of the University, when finalized, would become a record and would be governed by this Records Management Policy.

Record. 

A “record” is a document that is regarded as complete, final and unchangeable, except in controlled circumstances, and is considered important to an operation of the University. Thus, normally a draft of a document or file notes would not be considered a record.

Tangible Record.

Tangible records are those records that are in a format that may be handled and read by an individual, and are often referred to as “hard copies.” Historically, University records have been in tangible format; however, the University is expanding its use of Electronic Records. Tangible records that have been scanned shall be considered Electronic Records. Tangible Records shall be retained, managed and destroyed in accordance with the Records Retention Schedule (attached).

Electronic Record.

�������� has been expanding its use of a non-­‐ tangible “paperless” record format. Such records include but are not limited to word-­‐processor documents, spreadsheets, databases, HTML documents, scanned or imaged documents and any other type of file warehoused on-­‐ line via a hosted storage vendor, on a mainframe, on a computer hard drive or any external storage medium. The same retention standards that apply to tangible University records also apply to Electronic Records, and the retention periods outlined in the Record Retention Schedule (attached) apply equally to University records in all formats.

Active Record.

An Active Record, whether a Tangible Record or Electronic Record, is a University record currently used by a particular office, department or other area of the University that generated or received it. An active record shall be retained in an active file by the originating office for a particular purpose and for a limited period of time. After the record is no longer actively needed by a particular office, department or other area of the University that generated or received it, the record will be entirely destroyed or purged of certain documents and material consistent in compliance with the Record Retention Schedule (attached), or if the record is deemed to be an Inactive, Permanent or Archival Record (as hereinafter defined), the record shall be transferred to the appropriate file within the office.

Inactive Record/University Records Repository.

An Inactive Record, whether a Tangible Record or Electronic Record, is a record that is required to be preserved for a period of time in accordance with the Record Retention Schedule (attached), but which is no longer currently used by a particular office, department or other area of the University that generated or received it. As stated above, at such time as the record is no longer needed for use by a particular office, department or other unit of the University that generated or received it, the record shall be either destroyed or purged of certain documents, if within the timeframe set forth in the Records Retention Schedule, or maintained in the Inactive Records File storage in the generating or receiving office. If during the course of time, the Inactive Record becomes a Permanent or Archival Record, the Inactive Record shall be transferred to the appropriate Permanent or Archival file within the office.

Permanent Record/University Records Repository.

A permanent record, whether a Tangible Record or Electronic Record, is a record that is required to be preserved permanently in accordance with the Records Retention Schedule (attached), but which is no longer used by a particular office, department or other unit of the University that generated or received it. The generating or receiving office shall hold the Permanent Record in a Permanent Records File maintained within the generating or receiving office. Permanent Records shall be preserved in the format in which they are generated or received, except in the case of Tangible Records, which may be converted to and stored as Electronic Records.

Archival Record/University Archivist.

An Archival Record, whether a Tangible Record or Electronic Record, is a University record that has historic significance to �������� and shall be retained in the office or department in which it originated or received or sent to the University Archivist located in the University Library who shall preserve and retain the record in an archival file accessible only through the University Archivist. If the record is sent to the University Archivist, the office sending the record shall retain a copy of the record so transmitted.

Section Four

Confidential Information/Right of Privacy

Many records subject to this Records Management Policy contain personal confidential information, including but not limited to name, address, social security number, bank account information, financial or financial aid information, student identification number, medical information and employment information). Such records are protected by federal and state statutes including the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-­‐Leach-­‐Bliley Act (GLBA) Information Security Program and Rhode Island Right to Privacy laws. Any such records shall be held confidential in accordance with legal requirements, and destruction of such records shall be undertaken securely and under careful supervision so as to eliminate the possibility of inadvertent release or publication of confidential or private information.

Other records contain information that, if revealed or disclosed, would cause serious harm to the business of the University or an office, department or other area of the University. Such records, which may in addition be proprietary or privileged, should be identified as “Confidential” and the confidentiality of such records shall be maintained. Destruction of such records shall be undertaken securely and under careful supervision so as to eliminate the possibility of inadvertent release of publication of such information.

Section Five

Administration of the Records Retention Policy

Administration of Records Retention Policy /Reports to University General Counsel. 

Each office or department is responsible for the administration of this Records Retention Policy, and any questions regarding the application of this policy shall be submitted to the University General Counsel.

Management of Records within an Office. 

The office, department or other area of the University that generated or received a record shall be the repository of Active, Inactive, Permanent and Archival Records. The head of the office, department or area that generated or received the record shall be responsible for receiving, managing and destroying Active Records under this Records Retention Policy; however, at such time as the records are no longer Active Records, and have not previously been destroyed in accordance with this Policy, the records shall be removed to the appropriate Inactive, Permanent or Archival file (as defined herein) maintained by the office.

The department head shall be responsible for providing appropriate access to Records, limiting access only to those who have job-­‐related responsibility with respect to material contained in the Record. If a department head denies access to a person who believes that she or he has a job-­‐related responsibility with respect to material contained in a Record, an appeal to the Office of General Counsel may be taken in a writing that sets forth in detail the Record requested and the reason why access is needed. The decision of the Office of General Counsel shall be final with regard to the issue of access to the Record.

Separate Files for Records. 

Each office, department or unit that creates a record shall establish a file or files for holding University Records, which files shall be separate from other files. A standard file shall be for tangible records and a computer file for electronic records. At such time as a document becomes a record (see definitions above), that document shall be transferred to the records file, although a copy may be retained elsewhere for as long a period of time as that record is needed in the office. If at any time an Inactive, Permanent or Archival Record is needed by the office, department or unit that created it, that Record may be retrieved from the appropriate file in replaced in the Active Records File.

Records Retention Committee.

The President of the University, after consultation with the President’s Cabinet, shall appoint a committee of five

(5) �������� non-­‐aligned employees to advise the President, through the President’s Chief of Staff, from time-­‐to-­‐time, as requested by the President, and to annually review this Records Management Policy and Schedule and to suggest modifications as deemed appropriate and to ensure compliance. Appointments to the Committee shall be for terms of from one (1) to three

(3) years to allow for Committee continuity. The President shall appoint one Committee member to serve as chair of the Committee. An attorney with the Office of General Counsel shall attend any and all meetings of the Committee.

Legal Advice and Counsel.

In the event the office manager or department head is uncertain as to whether a particular record should be retained or destroyed, he or she shall address the issue to the Office of the General Counsel for a decision based on appropriate law, rule or regulation or University policy. 

Upon the direction of the Office of General Counsel, retention periods may be increased for reasons relating to pending or possible litigation or audit requirements, or for any other reason.

Manner of Record Destruction. 

In the event it is determined that a particular record should be destroyed, the record should be destroyed in one of the following ways:

(a)  Tangible Records should be shredded so that confidential and/or personal information cannot practicably be read or reconstituted; or

(b) Electronic Records and other non-­‐tangible media shall be destroyed or erased so that confidential and/or personal information cannot practicably be read or reconstructed. The office manager or department head, as the case may be, shall contact the Office of Information Technology to ensure that electronic records are destroyed appropriately.

Convenience Copies.

There is no need for employees, offices, departments and other areas of the University that did not generate or receive a particular record to retain copies of University records beyond the time they are useful in conducting University business. Duplicate or multiple copies of University records (“Convenience Copies”) should be destroyed (using secure destruction methods if they contain confidential or personal information) when the records are no longer useful, but in no event later than the retention duration noted in the Records Management Schedule. 

Records, Including Computer Records, Belong to the University.

All records, including but not limited to records maintained on University-­‐ owned computers assigned to University employees, belong to the University and are subject to the within Records Management Policy. Such records shall not be removed from the control of the University.

University records shall not be created, stored or retained in an employee’s personal facility or computer.

Upon Termination of Employment.

At such time as an employee leaves his or her position at the University, he or she shall not remove or delete any record or document from the University, including but not limited to any record or document contained in University-­‐owned computer(s) assigned to him or her while employed at the University. The computer(s) so assigned shall, on or before the last day of the employee’s service to the University, be delivered to the Office of Information Technology, which Office shall be responsible for insuring that records contained in the computer shall be retained or destroyed in accordance with the provisions of this Records Management Policy. Tangible records shall remain in the office in which the employee worked while at the University. 

Section Six

Records Retention Schedule

The following list contains the length of time that specific records shall be managed and retained, then, if not Permanent or Archival Records, destroyed. The list is not exhaustive; and questions regarding the retention period for any specific record or class of records should be addressed to the University Records Administrator, who in appropriate cases, shall seek the legal advice of the Office of General Counsel.

PDF Copy of Healthy and Safe Families and Workplace Act

�������� – HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT POLICY 

It is the policy of �������� to comply with the Rhode Island Health and Safe Families and Workplaces Act (the “Act”). 

The Act’s purpose is to ensure that employees in Rhode Island can address their own health and safety needs, as well as those of their family members, by requiring employers to allow employees to earn a certain minimum level of paid sick and/or safe leave time. This law allows employees to use such leave for the following purposes: 

• Mental or physical illness, injury or health condition of an employee, family member, or member of the household; 
• Medical diagnosis, care, treatment of a mental or physical illness, injury or health condition of an employee, family member, or member of the household;
• Preventative medical care for an employee, family member or member of the household; 
• Leave related to domestic violence, sexual assault, or stalking impacting an employee, family member, or member of the household; 
• Closure of the employee’s place of business, or a child’s school or place of care, by order of a public health official due to a public health emergency; or 
• If health authorities or a health care provider determines that the employee or covered relation’s presence in the community may jeopardize others’ health because of the individual’s exposure to a communicable disease, whether or not the employee or covered relation has actually contracted the communicable disease.

 In most cases, the sick leave benefits provided by the University, whether extended through policy or through negotiated labor agreements, are greater than the minimum standards required by the Act, but in any limited instances where there is incongruity between University benefits currently offered and the new law, the University will make the requisite changes to comply with the law. Unless an applicable collective bargaining agreement provides otherwise, the University shall administer requests for leave made pursuant to the Act as follows: 

1. New employees will begin to accrue sick and safe leave pursuant to the Act upon hire, but shall not be permitted to use such leave until the ninety-first day following hire. 
2. In instances where the need for leave is foreseeable , an employee seeking to take leave pursuant to the Act is required to: provide as much advance notice as is possible to the employee’s supervisor of such need, obtain approval in advance of its use; and make reasonable efforts to schedule the use in a manner that does not disrupt University operations. 
3. In instances where the need to take such leave pursuant to the Act is not foreseeable, an employee must, as soon as is practicable upon the need arising, contact the employee’s supervisor in order to notify the University of the need for such unanticipated leave and request that such leave be granted. 
4. When possible, employees requesting leave pursuant to the Act should provide notice of the leave’s expected duration. 
5. For periods of paid leave granted pursuant to the Act that span more than three consecutive work days, employees may, upon request by the University, be required to provide reasonable documentation that the leave has been used for a purpose covered by the Act. 

July 1, 2018 

PDF copy of Long-Term Disability Insurance

�������� and �������� School of Law Long Term Disability Policy 

Purpose

To identify eligibility for long term disability insurance.  Employees who become disabled while employed at �������� may receive certain benefits under the University's Long-Term Disability Insurance plan. 

Scope

All employees (Note: those employees covered under a collective bargaining agreement, please refer to the appropriate contract) 

Policy

Eligibility for Long-Term Disability Insurance Coverage 

Full-time regular employees are eligible for coverage under the Long-Term Disability Insurance plan.  Coverage becomes effective the first day of the month following the date of hire. Coverage ends the last day of the month in which an employee terminates employment or is no longer eligible. 

Long-Term Disability Insurance Benefits 

Long-Term Disability Insurance benefits start when the employee's physician certifies that the employee has been disabled for at least 180 days. When employees' claims for Long-Term Disability Insurance benefits are approved by the University's LTD carrier, the employees receive 60% of their salary (up to $6,000 per month with a minimum of $100 per month). This benefit is offset by any  other  supplemental  income,  such  as  Workers'  Compensation,  Social Security, etc. In addition, the LTD carrier continues ��������’s normal contributions to the employees' retirement accounts. If the employee was disabled under Workers' Compensation, certain additional benefits may be available. Employees may elect to continue voluntary group life insurance during a Long- Term Disability Leave by paying the required premiums. This policy provides a brief summary. Please contact the Office of Human Resources for further information and consult the Long-Term Disability Insurance contract, which is the binding document. 

Updated: March 2007 

PDF Version of Medical Insurance Policy

�������� and �������� School of Law Medical Insurance Policy 

Purpose

To identify eligibility for health insurance. 

Scope

All employees (Note: those employees covered under a collective bargaining agreement, please refer to the appropriate contract) 

Policy

Full-time regular employees holding positions on payroll are eligible to elect group health insurance through ��������.  Open Enrollment period is held, usually on an annual basis, at which time staff can add, drop or change their level of coverage. 

Eligibility for Health Insurance

Staff may elect to cover themselves, and, if applicable, their spouses and/or children. Spouses may include those who are legally married and those who fit the definition of common law spouse. Children may include the employee's unmarried natural and/or legally adopted children, or children for whom the employee has been granted legal guardianship. Except in certain circumstances, children must be under the age of 19 or full-time students under the age of 26. Health insurance becomes effective the first day of the month following the date of hire. Coverage ceases at the end of the month in which eligibility ends.

Cost for Health Insurance

Costs are outlined in information packages distributed at New Employee Orientation and during Open Enrollment and may also be obtained from the Office of Human Resources.

Tax Treatment of Health Insurance

Employees' paychecks are generally reduced monthly by the amount of the appropriate health insurance premiums on a pre-tax basis. This pre-tax plan is governed by Internal Revenue Service regulations. Under certain circumstances it may be necessary to deduct certain portions of premiums on a post-tax basis. Employer portions of premium can be considered taxable income in certain circumstances.

Double Health Insurance (Buyback)

Employees who certify that they are covered by health insurance from a source outside of ��������, may be eligible to receive a payment if they decline to enroll in �������� group health insurance. This money is considered taxable income.

Status Change

If a change is the result of a Qualifying Event such as a marriage or divorce, birth or adoption of a child employees are encouraged to contact the Office of Human Resources within 30 days of such an event, for enrollment changes effecting one’s benefits. 

Updated: October 2008

PDF copy of Short-Term Disability Insurance

�������� and �������� School of Law Short Term Disability Insurance Policy

Purpose

To identify eligibility for short term disability insurance.  Employees who become disabled while employed at �������� may receive certain benefits under the University's Short-Term Disability Insurance plan.

Scope

All employees (Note: those employees covered under a collective bargaining agreement, please refer to the appropriate contract) 

Policy

Eligibility for Short-Term Disability Insurance Coverage 

Full-time regular employees are eligible for coverage under the Short-Term Disability Insurance plan.  Coverage becomes effective the first day of the month following the date of hire. Coverage ends the last day of the month in which an employee terminates employment or is no longer eligible. 

Short-Term Disability Insurance Benefits

Short-Term Disability Insurance benefits start when the employee's physician certifies that the employee has been disabled for at least 15 days. When employees' claims for Short-Term Disability Insurance benefits are approved by the University's STD carrier, the employees receives (in combination with Rhode Island Temporary Disability Insurance) 70% of their salary (up to $750 per week). The maximum benefits period is 24 weeks.  This benefit is offset by any other supplemental income, such as Workers' Compensation, Social Security, etc.  If the employee was disabled under Workers' Compensation, certain additional benefits may be available. This policy provides a brief summary.  Please contact the Office of Human Resources for further information and consult the Short-Term Disability Insurance contract, which is the binding document. 

PDF of Sick Leave

�������� and �������� School of Law Sick Leave Policy and Procedure 

Purpose

To define ��������’s (the “University”) policy and procedure regarding eligibility for sick time, calculation of sick time balances and guidelines for the use of sick time. 

Scope

This  policy  applies  to  all  employed  in  full-time,  permanent  positions  and  part-time, permanent positions by the University, subject to the terms herein and to the provisions of governing collective bargaining agreements (CBAs) for those recognized by same. Where there is conflict between the CBAs and this policy, whether by inclusion or exclusion of terms, the CBA’s express terms only govern.

Policy

I. Interpretation 

Sick leave is a paid personal benefit that is accrued with active employment and shall be construed consistent with the University’s Family Leave Policy & Procedure. Under certain conditions as set out in the Family Leave Policy, both family leave and sick leave will be used simultaneously. Under other conditions, sick leave as set out herein, will be used and depleted separately from family leave eligibility and use. Finally, under certain conditions as set out under Family Leave Policy, family leave is available for use but sick leave is not and will not be used.

II. Accrual

Employees shall earn one and one quarter (1¼ ) working days per calendar month, starting with the first full calendar month of employment. Accrual shall continue for each month of active employment until unused accrual reaches forty-five (45) days of accrual, at which time accrual stops until depleted through proper utilization. 

A.  “Active employment” shall be defined as either actual work reporting as scheduled, or authorized, paid leave utilization. 

B. Sick leave will not accrue during a period of employment except active employment. 

III. Utilization

A.  Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, injury or exposure to contagious disease or for the attendance of the employee upon a member of the immediate family who is seriously ill, or whose spouse is hospitalized due to pregnancy. 

1. Seriously ill shall be defined herein to mean “suffering from a certifiably debilitating medical condition, significantly impairing one from performing the regular, necessary, daily function of living without significant, continued assistance from another.” 

B. Accumulated sick leave may be used to grieve the death and/or attend the funeral of the employee’s immediate family; father, mother, spouse, child, foster child, sister or brother of employee and relatives of employees residing in the same household as employee.  Leave utilized for bereavement shall be limited to three (3) days per occurrence unless exception for extraordinary reason is made by and at the discretion of the University, through its Department of Human Resources.

C. Sick leave will be charged by the nearest half (½) day of use. 

D. There is no sick leave absent accrual. Therefore, an individual who has exhausted his/her sick leave is not entitled to a sick leave of absence. 

IV. Authorization & Validation 

A. Short-Term Leave:  Sick leave pursuant to this provision, of two (2) work weeks or less, is considered a short-term leave and shall be authorized and/or validated as follows: 

1. Anticipated Leave:  Any proper utilization of sick leave anticipated in advance must be requested as far in advance as practicable, and approved by the employee’s immediate supervisor prior to utilization. Approval will not be unreasonably denied. Examples of anticipated leave, by way of illustration but not limitation, include physician appointments, dentist appointments, scheduled surgery and short-term care for an ill member of the immediate family. Within a reasonable period of time following utilization of sick leave for this purpose, the employee must validate, as required, the reason for scheduled leave by means of written proof that the scheduled purpose for the sick leave did occur. 

2. Unanticipated Leave:  Utilization of sick leave that cannot be anticipated in advance, such as sudden illness, must be validated by contacting, as soon as possible the employee’s supervisor or by utilizing such method specifically directed by the employee’s supervisor to notify the University of unanticipated sick leave. If absent for three (3) or more consecutive working days, the employee, upon request by University, must present, reasonable evidence of the need enabling sick leave usage. By way of illustration but not limitation, a statement from a licensed health care provider as defined in Family Leave Policy & Procedure, validating the nature and duration of the work disabling event will suffice. 

B.  Long-Term Leave:  Sick leave, pursuant to this provision, of over two (2) work weeks is considered a long-term leave and shall be authorized and/or validated as follows: 

1. Anticipated Leave: An anticipated leave must be requested, approved and supported, in advance of utilization, with medical documentation from the employee’s physician stating the following: 

a. Nature of illness or injury preventing the employee from working and/or necessitating the absence. 

b. Prognosis for recovery and anticipated date for return to work. The University may, at its option and expense, direct and secure a second medical opinion from a University-selected physician and authorize or refuse the sick leave based thereon. During a leave secured pursuant to this provision, the employee may be required to submit periodic medical progress reports and verification or alteration of the originally anticipated return date secured from the attending physician. The University reserves the right, at its own expense, to direct and secure a second opinion from a University- selected physician during the long-term leave of absence and continue or reject authorization and utilization of paid sick leave based thereon. No employee may return to active employment with the University unless and until a physician’s specific prognosis of the employee’s recovery from the disabling aspects of the paid illness or injury is certified by said physician, in writing. 

2. Unanticipated Leave: While prior notification and approval may, in extraordinary circumstances, be impossible or impracticable for every circumstance and condition enabling long-term leave, the same procedures and reciprocal right of the University and the employee as outlined in provision IV.B.1 immediately above shall apply except that the notification to the University must be approved as soon as possible and to the extent possible no later than three (3) days following the occurrence of the enabling event. Approval for a long-term leave must then be secured through those procedures outlined in provision IV.B.1. immediately above. 

V. Confidentiality of Records 

All medical reports and diagnoses provided pursuant to this policy shall remain confidential with the centralized Human Resource functions of the University, the Office of General Counsel and the President only. 

PDF Sick Leave Bank Policy

�������� and Roger Williams School of Law Non--Aligned Sick Leave Bank

Purpose

�������� and �������� School of Law (collectively referred to as the “University”) established this Non-Aligned Sick Leave Bank (the “Policy”) to provide a sick leave bank in which non--aligned employees can utilize sick time for their own serious medical condition or illness. 

Scope

This policy applies to the University Non-Aligned Staff and School of Law Faculty and Staff.

Policy 

University Non-aligned staff and School of Law Faculty and staff can voluntarily donate at least one accrued sick day with a maximum of two accrued sick days, on an annual basis, from their sick leave to a Sick Leave Bank. If an employee donates to the Sick Leave Bank within the applicable fiscal year, he/she is eligible to withdraw from the Sick Leave Bank for that fiscal year. The Sick Leave Bank is available for an employee’s own serious medical condition or illness. The Sick Leave Bank may only carry over 50 days of unused sick leave into the next fiscal year. 

A. Considerations

If an employee would like to participate in the Sick Leave Bank, they must donate to the Sick Leave Bank. The employee must have accrued sick leave in order to donate.  Before requesting a withdrawal from the Sick Leave Bank, an employee must utilize their own sick and vacation leave accrued time.  An employee may withdraw a maximum of sixty (60) days from the Sick Leave Bank during the fiscal year. Employees who draw from the Sick Leave Bank cannot accrue sick or vacation leave until they return to work from their approved leave.  Employees who receive paid sick time from the Sick Leave Bank will have the paid sick time reduced by benefit payments received from Rhode Island Temporary Disability Insurance and the disability plan provided by ��������.

B. Procedure 

Step 1: In May of each year, the Department of Human Resources will forward a memorandum to all non--aligned employees notifying them of an enrollment for the upcoming Sick Leave Bank. Employees will have thirty (30) days beginning June 1st through June 30th to submit a donation of sick leave to the bank. To donate to the bank, employees must complete a Sick Leave Bank Election form. As of June 30th each year, Human Resources will create the bank for the upcoming fiscal year based on the submissions of donations to the bank plus any unused sick leave bank days from the prior year. Individual sick leave accrual levels will be adjusted for all employees contributing to the bank within the second pay period of July. 

Step 2:  Employees seeking to utilize the Sick Leave Bank must contact the Department of Human Resources for the following items: 

1) Confirm availability of employee sick leave and vacation leave accrual; and 

2) Confirm the availability of sick leave in the non--aligned bank.

Step 3:  Employees seeking to utilize the Sick Leave Bank will complete the Non-Aligned Sick Leave Bank Request Form, and should attach a copy of a primary care physician’s note identifying the time period that the employee will be out of work. The employee will forward a copy of the form and primary care physician’s note to the Department of Human Resources. The form is located on the HR Website.

Step 4:  Human Resources will review the Non--Aligned Sick Leave Bank Request Form and confirm acceptance and the conditions of the program upon fifteen (15) days of receipt for such information.

C. Definitions

a. Fiscal Year: July 1 to June 30th

b. Rhode Island Temporary Disability Insurance (TDI): a disability plan provided by the state of Rhode Island and funded through a payroll tax.

c. Sun Life Short Term Disability: a disability plan provided by the University and School of Law. 

Revised May 2023 

PDF of Tuition Benefits

�������� Policy and Procedure Tuition Benefits Policy

Purpose

The purpose of the tuition benefits provided under this program is to encourage and assist eligible employees and their dependents to obtain a college level education. As an institution of higher education, encouraging and supporting higher learning for and among its employees and their dependents is important. 

Scope

This policy applies to all full-time, permanent employees with at least 6 months of continuous service prior to start of the course. Where there is conflict between CBAs and this policy, whether by inclusion or exclusion of terms, the CBA’s express terms only govern. 

Provisions

A. Tuition Remission

Eligible employees as defined under SCOPE, the employee’s spouse or formally registered domestic partner (consistent with controlling health benefits policy and procedural parameters) and that employee’s legally dependent children who are 23 years of age or younger at the start of the semester for which tuition remission is sought, are eligible. Students may enroll tuition-free in any undergraduate degree program or graduate course or graduate degree program, excluding the �������� School of Law, graduate programs in the Gabelli School of Business, Real Estate in Cummings School of Architecture, and Master’s in Law, on any permanent campus both maintained and operated by the University. This benefit is specifically subject to and modified by the following provisions:

1. The University will only waive the cost of tuition. This does not include the cost of books, supplies, lab fees or any other fees associated with the course(s). 
2. Legally dependent children of an employee, for purposes of this policy only, are those claimed on the federal income tax return of the employee or those claimed on the federal income tax return of the employee’s partner (as defined above) and living in the same household as the employee for at least six (6) months before tuition remission is sought.
3. Participation in this program by an eligible employee is contingent upon the reasonable discretion of the University that the course(s) do/does not conflict with an employee’s employment responsibilities, where the conflict is not directly interfering with the scheduled reporting hours. Where there is a conflict in reporting protocol, release time for any higher learning opportunity is at the complete discretion of the University.
4. The University’s “London Program”, is considered “maintained and operated” by the University for the purposes of the Tuition Remission hereunder. It is the only University affiliated program outside the continental United States that qualifies for Tuition Remission under this policy.
5. A minimum cumulative grade point of average of 2.0 is required to receive tuition remission. If benefiter falls below the minimum GPA of 2.0, tuition remission benefits will be discontinued and will not be reinstated until the cumulative GPA is a 2.0 or greater.
6. If an employee terminates employment during the semester in which tuition remission is provided to any of the eligible beneficiaries under this policy, that employee is responsible for the full cost of tuition.
7. This benefit does not apply to special programs, certificate programs, institutes, individual instruction, auditing a course, directed or independent study, most study abroad programs, Summer Academy, Emerging Artist and other courses offered outside the University catalog.
8. All rules and regulations of the University, such as normal admission standards, academic requirements for admission to courses, academic standing, personal conduct and payment of all fees, tuition balances and finance charges (where applicable), must be satisfied by the employee/dependent.
9. Students eligible for Tuition Remission are not eligible for any �������� institutional grants or endowed scholarships awarded by ��������.  If program is not eligible for Tuition Remission, such as study abroad, �������� Aid reverts back for that particular term.  A student may not be eligible for both �������� Aid/Endowed Aid and Tuition Remission in the same term. This includes both merit and need based �������� gift aid. 

B. Tuition Reimbursement

Eligible employees, as defined under SCOPE, may request tuition reimbursement from the University in order to attend another institution of higher education on the basis that the course of study leading to a degree will directly benefit the University and that the course of study is not offered by the University. This program is not limited to an undergraduate degree program, but is limited to a maximum of six (6) credit hours per semester.  The dollar value for reimbursement is limited to the IRS non-taxable threshold (currently $5,250) per calendar year. This grant is subject to the following provisions:

1. Should the recipient voluntarily leave the University before five (5) years have lapsed following proper, approved completion of the authorized course of study, the recipient shall repay the University as follows:  
   1. a. Less than two (2) years following completion of the authorized course of study, 100% of the monies must be repaid to the University.  
   2. More than two (2) but no more than four (4) years following completion of the authorized course of study, 50% of the monies must be repaid to the University.  More than four (4) but less than five (5) years following completion of the authorized course of study, 25% of the monies must be repaid to the University.
2. As a condition for tuition reimbursement, the recipient authorizes the University to deduct, up to the maximum amount provided by law, from the recipient’s salary and/or vacation accrual to recover monies it is owed pursuant to provision B.1 immediately above.  
3. Prior to any reimbursement for tuition paid to the recipient, proof of at least a passing grade and of actual payment by the recipient is required by the University. There will be no reimbursement for any course in which a failing grade is achieved.  
4. The University’s Tuition Reimbursement may be revoked by the University should the recipient fail two or more courses under the period of the reimbursement, in which case provision B.1. shall apply.
5. All requests for tuition reimbursement will require the divisional Vice President signature and approval prior to the start of the course.

C. Tuition Exchange

The Tuition Exchange Program (TEP & CIC) at �������� has been established to provide a college education for dependent children of eligible employees, as defined under SCOPE, at institutions other than �������� which are members of the incorporated organization known as Tuition Exchange.  Approval will be made for credits leading to an undergraduate degree only. All students must be full-time students.

1. Scholarship Availability: The number of scholarships allowed is based on a balance of the number of children from member TEP & CIC institutions attending �������� (imports) and the number of �������� employees’ children attending other member TEP & CIC institutions (exports). The number of scholarships awarded may vary accordingly.  
   1. Each student is limited to one 4-year undergraduate degree though the Tuition Exchange Benefit.  
   2. Eligibility for Tuition Exchange Benefits does not guarantee acceptance and/or scholarship to member institutions.
2. Scholarship Awards: The amount of the award is the full cost of tuition of the member TEP & CIC colleges or the maximum annual allowable amount under the TEP or CIC program.
   1. Some TEP & CIC member institutions may require some reimbursement towards tuition in addition to the scholarship amount. Financial aid awards may be included by the member institution in determining scholarship awards.

Revised August 2024 (Originally Approved and Adopted December 2017 by President Donald J. Farish) 

PDF of Vacation Policy

�������� and �������� School of Law Non-Aligned Vacation Policy

 (Revised 11.15.24)

Purpose

To define �������� and �������� School of Law (the University’s) policy and procedure regarding eligibility for vacation, calculation of vacation amounts and guidelines for the use of vacation. 

Scope

This policy applies to all regular non-aligned full-time and part-time  positions. For nonaligned part-time positions, vacation is earned and accrued on a pro-rata basis for employees regularly scheduled to work twenty (20) or more hours per week. Those employees covered under a collective bargaining agreement must refer to the appropriate contract. 

I. Vacation Accruals

Vacation accrual begins immediately upon date of hire in a benefit-eligible class. Years of continuous University service are calculated on an employee’s anniversary of employment. Vacation days or hours do not count as time worked for purposes of overtime calculations.  For accrual rates based on years of service, please visit the benefit overviews for your benefit classification posted on the HR webpage

II. Application Process for Vacation

An employee’s vacation request(s) must be submitted for approval in advance to their manager in accordance with departmental procedures. Advance managerial approval must be obtained before use. Employees must request vacation through the University’s online timekeeping system.

III. Vacation Earnings Balance Limit

Vacation will continue to accrue up to a maximum of twelve (12) months. Vacation accrual will not continue once the maximum accumulation has been earned.

IV. Change in Benefit Classification

Employees who change benefit classification, due to a change in position, or whose scheduled hours change, will have their vacation eligibility updated in the online timekeeping system accordingly.  If the change in benefit classification is a result of transferring from a non-aligned position into a faculty bargaining unit position, the employee will be paid out all accrued vacation time prior to  transferring into the new position.   For transfer out of other bargaining unit positions, the vacation balance will remain as part of your accrued vacation balance.

V. Separation from the University 

Employees separating from the University or School of Law, with one year or more of service, will receive their unused accrued vacation no later than, the next established pay date after the date of the employee’s last regular earnings paycheck.

PDF of Classification Policy & Procedure

��������’s POSITION CLASSIFICATION POLICY & PROCEDURE PREFACE

University positions are carefully and deliberately created in response to mature organizational planning in furtherance of the university’s mission. The resulting position roster will be measured as a concise statement of organizational acumen, utilizing identified and available budget to improve upon measurable outcomes from the full array of assigned responsibilities that together constitute the university’s staffing patterns.

POLICY STATEMENT

Position Classification:

University positions are created and classified at the outset, with significant task, responsibility and volume latitude, representing a position roster derived from prudent attention to short and long term employment initiatives. Positions and position families are classified to accurately reflect comparable differences in scope and complexity of responsibility, expertise (including continually changing levels of expertise demanded by the discipline), accountability of performance, impact of performance upon the university’s successful operation and market pricing. Growth and alteration of assignments and focus within a position are planned, expected and accordingly classified. It is not a reason to reclassify a position.

Position Reclassification:

Position reclassification is a deliberate, significant and authorized adjustment to the character of the university’s diversified position roster. Whether arising from the slow but authorized evolution of a position to accommodate increasing departmental demands or as a result of planned restructuring of responsibilities in furtherance of effective, efficient delivery of service, the decision to reclassify a position is nevertheless a decision to adopt and fund a newly recognized position. Therefore, reclassification shall occur only when the university determines, incumbency aside, that the good faith submission (1) is founded in fact, (2) defines adjustments in prior position responsibilities that are so significant that a new position has been or need be created (3) is fiscally prudent, and (4) best meets the university’s needs.

A reclassification is neither an acceptable alternative compensation program nor a proper response to a mere increase in volume of work, but a concise measure of prudent managerial planning and commitment toward university excellence. As such, it is a decision reserved to university senior staff, will be exercised with full and deliberate accountability and is considered an exception to the regular compensation and classification program of the university. Except and only when classification, consistent with this policy, is planned at the outset to evolve into one or more reclassifications as operations and affiliated personnel needs mature, reclassifications, by definition, will be infrequent and not driven by informal work level adjustments, but by formal, approved personnel planning. A pattern of unscheduled reclassifications requests indicates, at least, a lack of managerial prudence and planning.

The basis of proposed reclassification must then be founded in a good faith submission that the position’s characteristic responsibilities, accountability, complexity, difficulty, impact and ultimately, its value to the university have changed significantly as the necessary evolution of a cohesive, productive, fiscally responsible, staffing pattern.

PROCESS

1. Both initial position classification and position reclassification demand the same type and level of construction and review. All position authorization and initial classification or reclassification review will commence only upon the directive of the university’s President or appropriate Vice President (Initiator) following consultation with the Vice President for Human Resources and those members of the university’s managerial staff responsible for proper administration of the position and its expectation and attributes. Reclassification review may be requested no more than once per year by the incumbent of a position with at least one full year of appointment to the position, prior to the request and the interval between requests must be at least one year. However, reclassification review will be commenced only upon the express endorsement of the applicable Initiator.
   1. The Vice President for Human Resources, where program review indicates a significant, unannounced and continuing position adjustment, may, following consultation with the appropriate Vice President, commence a review in accordance with this policy and procedure.
2. The process is initiated by the completion and submission of a Classification/Reclassification Request Form to the Department of Human Resources. The form must be signed as a formal proposal by the relevant Initiator and the submission must include the following documentation:
   1. Formal, detailed business and organizational rationale for the position creation or change (even if supporting a temporary adjustment).
   2. Organization impact statement. This must include organization charts prior to and following the proposed action. Additionally, an explanation must be provided of how, or if, the proposed action will (or has) significantly affected other positions within the department, division or operations area.
   3. Completed position questionnaire or proposed job description in authorized format, concerning the position for which evaluation is being requested.
3. A classification or reclassification request will then be reviewed and the position analyzed by the Department of Human Resources. Those meeting all of the above prerequisites will be evaluated against the following, relevant criteria:
   1. Standardized Compensation Evaluation Tool (e.g., Hay Pt. Factor, Paired Comparison)
   2. External, validated, market data and survey studies
   3. Reciprocal impact on proper classification where other positions holding similar responsibilities exist. Notification to and consultation with the Initiator and/or the Initiator’s express managerial designee, directly responsible for the position’s performance delivery, will occur if documentation is incomplete, or additional discussion is warranted.
4. In consultation with, consistent with and following the evaluation by the Department of Human Resources, the final determination to adopt or reject the proposed classification/reclassification shall be made by the Initiator responsible for position authorization, in accordance with the university’s Employment Processing Policy and Procedure and budgetary constraints. The following will then occur:
   1. Classification: The position(s) will be populated and salary(ies) initially set within the position’s compensation parameters and as further restricted by such applicable salary policy(ies) governing the particular position. As a general rule, newly hired employees will not be placed in a position above the midpoint of the wage range of the position. Placement above the midpoint denotes an assessment by the Initiator that the person selected to fill the position is both fully credentialed and predicts immediate, significant, superior performance results.
   2. Reclassification: Notification to the incumbent of the final decision will be made by either the Department of Human Resources or the Initiator as directed by the Initiator. The incumbent of the proposed reclassification will then experience one of the following resolutions:
   3. Salary Base Adjustment: Remain in the recertified position with salary adjustment upward or downward, consistent with governing policy(ies). This will occur where the incumbent is found qualified for the reclassified position holding a different salary grade than the prior position.
   4. NonBase Adjustment: Remain in the recertified position, with or without adjustment in responsibilities and without adjustment in base salary, but with a fixed value, nonbase adjustment in pay to reflect temporary, authorized performance at a higher salary level than determined to be warranted by the recertified position. This will occur where the submission is founded in fact and defines a level of compensably elevated responsibilities for a defined period of time but is either not fiscally prudent or determined by the university not to best meet its continuing needs.
   5. Preferred Candidate Status: Preferred candidate status and pending layoff if not selected as the successor to the reclassified position. This will occur where either the incumbent’s measured qualifications are deemed reasonably uncertain for that demanded by the reclassified position, or the reclassified position is in an area of employment where there is both significant underutilization of women and/or minority candidates (as measured and reported by the Department of Human Resources and concerning the university’s equal employment opportunity program) and an identifiable pool of underutilized prospective candidates. During the pendency of final determination as to the successor to the reclassified position, the incumbent will be afforded that compensation determined appropriate to the reclassification, as set out herein.
   6. No Change: Incumbent will remain in the position as recertified, being deemed qualified for the recertified position, but will not receive any compensation adjustment. This will occur when the job as reviewed warrants no increase in pay whether or not job duties are altered.
5. Compensation Adjustments Following Reclassification: There shall be no expectation of a positive salary adjustment accompanying a reclassification. Compensation adjustments will occur only when the effective administration of the university’s salary structure and program demand it.
6. All positive adjustments shall be implemented as of the date that the university finds that positional changes became both significant enough and of a permanent nature to warrant reclassification, but in no event earlier than the date the formal authorization to proceed with a classification review is either received or initiated by the Vice President ofHuman Resources. Positive salary adjustments shall be effected such that:
   1. General Rule: Except and only under the circumstance set out immediately below, all salary increases shall be limited to a maximum increase of 5% or that increase necessary to achieve placement at the base of the reclassified salary range, whichever is greater. To illustrate, if an employee’s salary is $40,000 and at the 50 th percentile, and the reclassified salary range is $40,000 to $60,000, the employee will receive up to a $2,000 increase to $42,000.
   2. Performance Certified Alternative: If and when the incumbent has, of record, been previously identified in a fully executed annual performance evaluation as highly successful in performance of the position, specifically including performance of those responsibilities that resulted in the reclassification, the increase may exceed that set out by the “General Rule” above, but under no circumstance shall the increase exceed that amount that will maintain the employee’s relative position in the salary range of the deleted position. To illustrate, if an employee’s salary is at the 60th percentile of the deleted position’s salary range and it is determined that the employee was performing those duties that resulted in reclassification at a highly successful level, that employee may be placed on the new position’s salary range at a salary no higher than the 60th percentile of the new position’s salary range. The final, fully accountable decision as to the proper increase will be made by the Initiator, after considering, in addition to positive performance of the reclassified position responsibilities, position valuation, market competitiveness, and fiscal responsibilities.
   3. All negative adjustments shall be implemented in the first full pay period following the date that the university formally notifies the reclassified position incumbent of the university decision. Negative salary adjustment shall be effected such that:
   4. Incumbents shall be placed no lower than their relative position in salary scheme. Conversely, incumbents will be placed no higher than either their former salary or the ceiling of the new range whichever is less. To illustrate, if an employee’s salary is $50,000 and at the 60 th percentile of the deleted position and the salary range of the successor position is $20,000$ 40,000 (60 th percentile equals $32,000), the employee will be placed no lower than $32,000 and no higher than $40,000. The final, fully accountable decision will be made by the Initiator, following consultation with the Department of Human Resources and after having considered relative position valuation, market competitiveness, prior performance and fiscal responsibilities.
7. Reclassification Appeals: An employee, either denied reclassification or whose request for reclassification initiation is rejected two consecutive times by the Initiator, may forward an appeal of the determination as follows.
   1. Within thirty (30) calendar days of written notification of the university’s reclassification determination, the incumbent (Appellant) or the Initiator on behalf of the Appellant, may file a written appeal to the University Classification Appeal Committee (UCAC). The appeal must set out the basis for the appeal and the facts in support of the appeal. – or – Within fifteen (15) calendar days of written notification to the position’s incumbent, of the Initiator’s second rejection of a reclassification request, the Appellant may file a written appeal to the UCAC. The appeal must set out all facts in support of the appeal with requisite detail to enable a credible review of the record. The UCAC is comprised of the Vice President for Human Resources as chair and two other Vice Presidents; one selected by the Appellant and one selected by the VP of Human Resources. The Initiator may not serve on the UCAC.
   2. The UCAC shall convene, review the written appeal and upon either a specific request of the Initiator, or the Appellant or at its discretion, shall hold a hearing wherein the evidence is tested and the appealed decision reexamined. The UCAC shall issue a written response to the Appellant, with rationale for its determination to either uphold the original decision(s) or modify same, in accordance with governing policy and its findings of fact. This response will issue within thirty (30) days of the hearing or fortyfive (45) days of the UCAC’s receipt of the written appeal, whichever is later. This decision by the UCAC shall be final and binding.
   3. The basis for an appeal of a reclassification decision shall be limited to: (1) The position has not been accurately described and therefore a reasonable evaluation could not be accurately completed. (2) The evaluation of the position was conducted inaccurately. The standard of review is whether there was a reasonable basis for the classification of the appealed position. There need not be a reevaluation of the position by the UCAC.
   4. The basis for an appeal of a rejection of a reclassification request may only be that the determination was arbitrary and capricious and that the employee was actually required to continuously work outside the scope of the classified position. The burden of proof rests with the employee. A successful appeal will result in a reclassification review.
   5. All salary actions are held in suspense pending resolution of the appeal. Effective dates of any compensation adjustment are as described above. An unsuccessful appeal will result in a disqualification of the Appellant’s right to request reclassification review for two years from date of UCAC finding.

EXCEPTIONS

Exceptions to policy and procedure herein set out are strictly reserved for the President.

PRACTICES & PROTOCOLS

The internal practices and protocols attendant to administration of the Classification/Reclassification Policy and Procedure of the university are in accordance with and found in the University’s Employment Processing Policy and Procedure, herein incorporated by reference, and are otherwise to be interpreted as consistent with standing protocols as same are amended and announced from time to time.

PDF copy of Compensation Controls

�������� and �������� School of Law Policy Change – Compensation Controls - �������� Changes to the Compensation Policies and Related Controls 

The President of the University is authorized to approve exceptions to the compensation policies should a case exist where it is warranted and beneficial to the organization.  The key is to provide a reporting mechanism to ensure that abuses do not occur. In addition, there should be an additional review on exception items that are above the normal ranges identified by the University. The following represents clarification to our procedures to ensure the propriety and transparency of exception items: 

1. Merit Awards Within Authorized Salary Bands: In addition to the required signatures currently, any annual merit award within the appropriate salary band which is greater than 10% of the employee’s base salary will be reviewed and approved by the Executive Vice President for Finance and Administration. Once approved, all merit increases are forwarded to the President for final approval. Merit awards greater than or equal to 20% of the employee’s base salary will be forwarded by the President to the Chairman with justification for the increase.  Any merit awards approved at a level of 20% or higher are to be reported quarterly to the Audit Committee of the Board of Trustees along with the justification for the award. 
2. Merit Awards Above Authorized Salary Bands: In addition to the required signatures currently, any annual merit award that raises the employee base salary above the maximum of the salary band is to be reviewed and approved by the Executive Vice President for Finance and Administration.  All requests are then forwarded to the President for approval or denial.  Any awards above the maximum of the salary band and approved by the President will be forwarded to the Chairman for final approval.  If approved, the awards are to be reported quarterly to the Audit Committee of the Board of Trustees with justification for the award.
3. Re-Classifications and Promotions Any re-classification or promotion that provides a 20% increase or more in base salary or in combination with other compensation increases within the same fiscal year that provides an increase of 20% or more in base salary is to be reviewed by the Executive Vice President for Finance and Administration prior to submission to the President.  If not approved, the reclassification /promotion is placed on hold and the full compensation review is forwarded to the President for final approval or denial. Any compensation increases above 20% which are approved by the President will be forwarded to the Chairman with justification for the increase. Any reclassification or promotion approved at a level of 20% or higher will be reported to the Audit Committee of the Board of Trustees quarterly with justification for the change in compensation. 
4. New Positions Requiring Unbudgeted Funding In addition to the signatures required currently, any new positions that require additional budget funding is to be reviewed by the Executive Vice President for Finance and Administration. If approved the position request is forwarded to the President for final review and approval. A list of unbudgeted new positions approved by the President is to be provided quarterly to the Finance Committee with justification for the position. 
5. Exceptions  Where the merit, re-classification or promotion award is greater than 20% the following conditions will factor into whether the greater than 20% increase complies with the Classification Policy & Procedure, the Employment Processing Policy & Procedure, applicable bargaining unit contract or other related policies.   Circumstances that would apply to the allowance of a greater than 20% increase include: 
   1. A change from part time to full time or a change in employment status from student to staff; 
   2. A mandatory wage dictated by grant/contract provisions. 
   3. Increase in schedule of hours resulting in a 20 % or greater increase in pay. 
   4. Temporary employees hired for a specified period of time.  
   5. Temporary employees moving into permanent positions. 
   6. Bring to minimum of salary grade.

Summary 

The intent of these changes is to manage the exception items with appropriate controls without interfering with the standard compensation transactions that fall within normal ranges for the University.  A second review at the Executive Vice President level along with the regular reporting of exceptions will provide additional transparency into any recommended exceptions. 

Adopted by Cabinet 10/13/2010 Revised 10/6/2016 

PDF of Alcohol and Drug-Free Workplace

�������� ALCOHOL AND DRUG-FREE SCHOOL AND WORKPLACE POLICY 

Introduction:

��������, including �������� School of Law (the “University”), established this Alcohol and Drug-Free School and Workplace Policy (the “Policy”) in response to and in conformity with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701) and the Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C. § 1011i).  Students and employees of the University shall receive a copy of this Policy on an annual basis.

Standards of Conduct:

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, illicit drug, or alcohol by any person, including visitors and vendors, is prohibited in or on the University premises, in vehicles owned, leased, or rented by the University, at any work site or location at which University duties are being performed by University employees or students, as part of any University activity, or at off-campus activities of student groups recognized by the University.

Health Risks:

Drinking alcohol has immediate effects that can increase the risks of many harmful health conditions.  Excessive alcohol use can lead to increased risk of health problems such as liver disease or unintentional injuries.  The use of illegal drugs also carries many serious health risks.  Illegal drugs may be addictive and may lead to long-term damage to the body.  Heavy or long-term use of some illegal drugs may cause the user to overdose, which may cause permanent damage to the body and can be fatal.

Counseling Programs:

Students and employees who may have a problem with the use of illegal drugs or the abuse of alcohol should be aware of resources at the University and the surrounding community that offer services to students and employees.  The University resources listed below may not be available to all students and employees.

University Resources:

Center for Counseling and Student Development Center for Student Development (401) 254-3124 

The �������� Center for Counseling and Student Development assists students (University and School of Law) through maintaining and enhancing their psychological and emotional well-being and promoting their normal development and maturation.  Additionally, a wide offering of educational and support programs are designed to foster student development as healthy, thoughtful, responsible, respectful, and productive members of a diverse community who will be able to function at their full potential. 

Health Education Program Center for Student Development (401) 254-3413 

The Director of Health Education and the Student Health and Wellness Educators work together to provide education and support to students in maintaining a healthy lifestyle.  They strive to motivate individuals to develop the physical, mental, social, intellectual, and spiritual dimensions of self and make choices toward a more successful and healthier existence.  They offer one-on-one assessment sessions and a BASICS Intervention (Brief Assessment in College Students).

Health Services Center for Student Development (401) 254-3156 

�������� Health Services is committed to providing quality health care and disease prevention in a manner that exhibits compassion, professionalism, and excellence. 

E4Health 

(Available to Employees, Eligible Family members and Individuals residing in the employee’s residence). (800) 828-6025 Username: �������� Password: guest E4Health Program is a no-cost, University-sponsored benefit for a variety of services including counseling, referral and resources for issues dealing with anxiety, depression, substance use/abuse; anger or stress, relationships, family issues, and more.  This is a confidential service available to employees and eligible dependents on a national basis.  Individuals residing with the employee and not a relative are also eligible for the program. 

Outside Resources: 

106 Rolfe St., Cranston, RI 02910 (401) 781-0044 

Al-Anon is a worldwide fellowship of individuals whose lives have been deeply affected by another’s drinking.  The only requirement for membership is that there be a problem of alcoholism in a relative or friend.  Members, who come from all walks of life, meet to share their experience, strength, and hope in order to solve their common problems. 

410 North Broadway, East Providence, RI 02914 (401) 438-8860 or 1 (800) 439-8860 2845 Post Road, Room 112, Warwick, RI 02886 (401) 739-8777 P.O. Box 9342, Providence, RI 02840 (888) 378-6561 2 

Alcoholics Anonymous is a fellowship of men and women who share their experience, strength, and hope with each other that they may solve their common problem and help others to recover from alcoholism. 

345 Blackstone Blvd., Providence, RI 02906 (401) 455-6200 

Butler Hospital is Rhode Island’s only private, nonprofit psychiatric and substance abuse hospital for adults, adolescents, children, and seniors.  Butler is affiliated with The Warren Alpert Medical School of Brown University and is the flagship for its department of psychiatry which has been recognized by its peers as one of the top ten in the United States.  Recognized as a national leader in the development of acute, short-term psychiatric and substance abuse treatment, Butler has a reputation for providing the best care available to patients.

1052 Park Ave., Cranston, RI 02910 (401) 461-5056 349 Huntington Ave., Providence, RI 02909 401) 942-1450 93 Thames St., Newport, RI 02840 (401) 846-4150 350 Columbia St., Wakefield, RI 02879 (401) 789-0934 850 Waterman Ave., East Providence, RI 02914 (401) 434-4999 528 North Main St., Providence, RI 02904 (401) 808-6278 

CODAC, a non-profit organization, offers treatment and educational and prevention services.  CODAC’s goal is to help people lead a more productive, healthy life by learning to respond effectively to their own needs and the needs of the people they care for without the use of alcohol and other drugs, and free of violence.

For general questions and information (818)773-9999 x771 

Narcotics Anonymous is a non-profit fellowship or society of men and women for whom drugs had become a major problem and is comprised of recovering addicts who meet regularly to help each other stay clean. 

Disciplinary and Legal Sanctions: 

In addition to any action taken by law enforcement authorities as detailed below, the University will impose disciplinary sanctions on students and employees for violations of the standards of conduct required by this Policy, which may include referral for prosecution, mandatory participation in substance abuse treatment, counseling or education programs as a condition of reinstatement or continued employment, termination of employment, or expulsion of student.   Federal, state, and local drug and alcohol laws provide criminal penalties for the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, illicit drug, or alcohol. 

Listed 3 below are some examples of penalties for violations of Rhode Island’s controlled substances and alcoholic beverages laws: 

Controlled Substances: 

Any person who manufacturers, delivers, or possesses with the intent to manufacture or deliver a Schedule I or II controlled substance may be imprisoned to a term up to life, and/or fined $10,000 to $500,000.  For Schedule III or IV controlled substances, such person may be imprisoned for up to twenty (20) years and/or fined up to $40,000.  For Schedule V controlled substances, such person may be imprisoned up to one (1) year and/or fined up to $10,000.  Any person who knowingly or intentionally possesses a Schedule I, II, III, IV, or V controlled substance in the absence of a valid prescription may be imprisoned for up to three (3) years, and/or fined $500 to $5,000.  R.I.G.L. § 21-28-4.01. 

Alcoholic Beverages: 

Sanctions for misrepresentation of age include (i) a mandatory fine of $100 to $500, thirty (30) hours of community service, and suspension of driving privileges for thirty (30) days for the first offense; (ii) a mandatory fine of $500 to $750, forty (40) hours of community service, and suspension of driving privileges for three (3) months for the second offense; and (iii) a mandatory fine of $750 to $1,000, fifty (50) hours of community service, and suspension of driving privileges for one (1) year for the third and subsequent offenses.  R.I.G.L. § 3-8-6.   Sanctions for possession of alcoholic beverages by underage persons include thirty (30) hours of community service, minimum sixty (60) day suspension of driving privileges, and (i) fines of $150 to $750 for the first offense, (ii) fines of $300 to $750 for the second offense, and (iii) fines of $450 to $950 for the third and subsequent offenses.  R.I.G.L. § 3-8-10.   Sanctions for furnishing or procuring alcoholic beverages for underage persons include (i) fines of $350 to $1,000 and/or imprisonment up to six (6) months for the first offense, (ii) fines of $750 to $1,000 and/or imprisonment up to one (1) year for the second offense, and (iii) fines of $1,000 to $2,500 and/or imprisonment up to three (3) years for the third or subsequent offenses. R.I.G.L. §§ 3-8-11.1 – 3-8-11.2. In addition to the examples listed above, additional criminal penalties for violations of federal, state, and local drug and alcohol laws may be found at the following websites. There may be other provisions of federal, state, and local laws related to drugs and alcohol that are not included in this list. 

For a .

For a list of penalties for violations of the drug and alcohol laws of Rhode Island, see 

; 

; 

; 

. 

For a list of penalties for violations of local drug and alcohol ordinances, see 

; 

; 

and .

Condition of Employment: 

As a condition of employment, all employees must (i) agree to abide by this Policy, and (ii) notify the University of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.  Notices should be sent to the Assistant Vice President of Human Resources. 

Requirement for Students Receiving Federal Grants: 

Students who receive Pell and certain other federal grants must report any conviction of a drug-related offense to the United States Department of Education within ten (10) days of the conviction if the offense occurred during the period covered by the grant.

Biennial Review:

The University shall conduct a biennial review of this Policy by December 31st of each even-numbered calendar year to (i) determine the Policy’s effectiveness and implement any needed changes to the Policy, and (ii) ensure that the sanctions required by the Policy are consistently enforced.

Revised 11/2/2016 

APDF of Alternate Work Arrangements Policy

�������� ALTERNATE WORK ARRANGEMENTS POLICY POLICY AND PURPOSE

This policy describes and establishes guidelines for alternate work arrangements for certain eligible University personnel. This policy is designed to promote employee efficiency and productivity, reduce employee travel time, and assist employees in the furtherance of achieving appropriate balance between professional and personal demands.

SCOPE 

This policy applies to non-aligned personnel at the University’s Bristol and Providence campuses, including at the School of Law, with at least one year of continuous service in the position held. Approval for participation in alternate work arrangements as described in this policy is at the complete discretion of the University.

DEFINITIONS

Remote Work – Voluntary work arrangement in which some or all of the work performed by the employee is performed at an off-campus worksite, such as the employee’s home or in an secure and private office space near the employee’s home. 

Flexible Schedule – A flexible schedule that allows an employee to vary the span of the workday, while ensuring that the standard workweek hours are completed and all job duties and responsibilities are fulfilled. A flexible schedule is intended to allow employees to reasonably deviate from their standard work schedule by either: arriving earlier and leaving earlier; arriving later and leaving later, or accommodating a single especially long work day by arriving later the following day.

GENERAL CONSIDERATIONS

Eligibility Criteria for Remote Work Arrangements 

In order to participate in a remote work arrangement, an employee’s regular duties must be such that they can be accomplished via telecommuting, without degradation of service. Employees whose regular duties necessitate their physical presence on campus, or whose positions require frequent access to hard copy files or special equipment, will not be approved for remote work arrangements. Positions suitable for remote work arrangements are those that primarily involve the completion of defined tasks and/or projects with objectively measurable results and/or tasks requiring concentration when the employee works independently. Employees best suited for remote work arrangements are self-motivated, self-disciplined, and generally selfdirected in the performance of their work. They require minimal supervision, have a proven ability to excel in their jobs, and exhibit the trustworthiness and maturity to make the remote work arrangement work. Determinations about whether a particular position is suitable for remote work (and for how much of the workweek remote work will be authorized) and whether an employee’s performance record warrants approval are within the complete discretion of the University.

Participation Guidelines for Remote Work Arrangements 

Employees who seek approval for a remote work authorization will submit a formal request to their immediate supervisor via a completed Telecommuting Agreement Form. The request should specify the reason(s) for the request, the off-site location at which the remote work will be performed, the weekly work schedule to which the employee will adhere if approved, and a brief justification for the request. Supervisors shall consider the employee’s request in light of the eligibility criteria described above, as well as in light of the impact of the remote work arrangement on the business and/or operational needs of the employing unit, and will then advance a recommendation to the divisional Vice President about whether to approve or deny a request. Only a divisional Vice President has the authority to approve, deny or modify remote work arrangements pursuant to this Policy. If a request for remote work is approved, the employee must agree to and sign the University’s Remote Work Agreement, which specifies the conditions under which approval will be granted.

Eligibility Criteria for Flexible Schedule 

Flexible schedules may be approved at the discretion of the requesting employee’s supervisor. All requests for flexible schedules must be approved in writing by the supervisor. Any approvals may be modified or terminated by the University at any time. A flexible schedule is not appropriate for all positions, or in all settings, or for all employees. A flexible schedule for new employees is not advisable because of the need to clarify job responsibilities, establish relationships with co-workers and others, and assess suitability for continued employment. Employees who have problems with punctuality, attendance, and/or performance, or who require close supervision, are not good candidates for flexible schedule participation.

Participation Guidelines for Flexible Schedule

Flexible schedules are not intended to allow employees to work reduced, unorthodox or impractical schedules, such as working weekends instead of two weekdays, working outside of core University operating hours, or working a full workweek within a four day period each week. Participating employees are expected to work the equivalent of their full work schedules each week, with the understanding that additional hours may be necessary in order to complete job responsibilities. For employees who serve in FLSA exempt positions, working whatever hours are necessary to accomplish the goals and deliverables of the position. For employees who serve in FLSA non-exempt positions, this means working the established number of regular weekly work hours for the position held, plus any overtime hours as are expressly authorized and/or directed by the University in advance. Employee requests for a flexible schedule may apply to a single day during the week, each day during the week, or certain days or weeks depending on the time of year. Supervisors must document each employee’s flexible schedule request and supervisory action regarding each such request. There must be minimal on-site coverage for the employing unit during regular University operating hours, Monday through Friday. In order for a request for flexible schedule to be approved, the supervisor must determine whether a request is reasonable and justified. Among the factors a supervisor must consider are whether the grant of a flexible schedule request will impose a negative impact on the employee’s work, on the workload of the employees’ colleagues, or on the work of a given office, unit or department. A flexible schedule should not negatively affect the workload or productivity of coworkers either by shifting burdens or creating delays and additional steps in the work flow. 

Revised February 2022 

PDF of Americans with Disabilities Act (ADA)

�������� and �������� School of Law The American with Disabilities Act (ADA) Policy 

Purpose

To define the University’s policy and procedure with regard to the Americans with Disabilities Act 

Scope

All employees and potential employees with a disability 

Policy

The  University  will  not  discriminate  against  employees  or  applicants  for employment on any legally-recognized basis including, but not limited to, race, age, color, religion, sex, marital status, national origin, physical or mental disability, veteran status, sexual orientation, or ancestry.  We are committed to fair and equal treatment of all employees. The University will make reasonable accommodations to qualified disabled persons to assist them in fulfilling the essential functions of a job, provided that such accommodations do not impose an undue hardship upon the University. Any employee or job applicant who feels he or she has been subject to unlawful discrimination by the University, its officers, agents or employees should report the incident to the Assistant VP for Human Resources at 254-3028. The University  will  investigate  all  reports  of  discrimination  promptly  and thoroughly in as confidential a manner as is practicable. There shall be no discrimination or reprisal against any employee or applicant for making a complaint or for cooperating in an investigation.

Complaint Procedure

In addition to the University’s reporting procedure and corrective action, if an employee believes he or she has been subjected to unlawful discrimination, he/she may file a complaint with either or both The RI Commission for Human Rights or the US EEOC.  Claims must be filed in a timely manner in order to be effective. Rhode Island Commission for Human Rights 180 Westminster Street, 3rd Floor Providence, RI 02903 Tel: 401-222-2661    TTY: 401-222-2664 Fax: 401-222-2616 U.S. Equal Employment Opportunity Commission Boston Area Office John F. Kennedy Federal Building 475 Government Center Boston, MA 02203 Tel: 1-800-669-4000 TTY: 1-800-669-6820 Fax: 617-565-3196 

Updated: January 2009 

APDF of Attendance

�������� and �������� School of Law Attendance Policy 

Purpose

To provide guidelines for deans, directors, supervisors and employees which define acceptable attendance expectations.  The ability to service our students, faculty and staff requires regular attendance. 

Scope

All employees (Note:   those employees covered under a collective bargaining agreement, please refer to the appropriate contract) 

Policy

The  employee  retains  the  ultimate  responsibility  for  reporting  to  work  on  a consistent basis in fulfilling the requirements of his/her job. Employees should: 1. Report to work regularly and punctually. 2. Report any absences or delays in reporting to work, as far in advance as possible, to your manager in accordance with department procedures. Failure to provide notification may be cause for disciplinary action up to and including termination. 3. Submit health care provider’s medical certification to the Office of Human Resources in order to return to work after any health related absence of at least three (3) consecutive days. Refer to FMLA policy for absences greater than three (3) consecutive days. 

Absences 

Other than scheduled vacation, approved time off or medical leave, repeated absences may result in disciplinary action up to and including termination. 

Tardiness

The employee is responsible to notify their manager immediately when he/she knows they will be late arriving to work.  In cases where that is not possible, a telephone call shall be made to their manager at the beginning of the work schedule or as soon as possible thereafter.   Repeated tardiness may result in disciplinary action up to and including termination. 

Updated: September 2007 

PDF of Auto Allowance

�������� AND �������� SCHOOL OF LAW Auto Allowance Policy 

Purpose

To define the �������� and �������� School of Law (collectively referred to as the “University”) policy and procedures for auto allowance. Auto  allowances  are  payments  to  certain  employees  for  use  of  their personal cars for University business. 

Scope

This policy applies to all trustees, directors, officers and all employees within the University.  

Policy

This policy does not apply to reimbursements for authorized travel in accordance with the University’s travel and entertainment  policy  and  does  not  apply  to  exclusive  use  vehicles provided to employees. The University does not generally provide auto allowances. Any exceptions to this policy will be approved on an annual basis by the President of the University following a decision that such exception benefits the University.  Any auto allowances approved are treated as taxable income to the recipient. 

June 2009

PDF Background Check

BACKGROUND CHECK POLICY – UNIVERSITY POLICY 

Purpose:

�������� and �������� School of Law (collectively referred to as the “University”) established this Background Check Policy (the “Policy”) to provide procedures for employment verification of educational credentials, criminal history, credit status and other information related to employment decisions to assist the University in appropriately employing its personnel.

Scope: 

All selected candidates for faculty and staff positions are subject to reference checks with prior employers and/or institutions before an offer of employment is extended.  Criminal background checks will be conducted for all selected candidates for faculty, adjuncts and staff positions after a conditional offer has been made, but prior to the first day of employment.  In addition to the standard criminal background checks for all employees, members of the Department of Public Safety serving in a security personnel role, which includes the Director, shall be required as a condition of employment to also undergo a nationwide criminal records check pursuant to R.I.G.L. Section 16-52-3. Additionally, criminal background checks will be conducted for resident advisors, temporary staffing agency employees and student workers who are retained by university authorized and/or administered camps and/or university athletic programs when working with minors.  For University employees who are transferred or promoted, a criminal background check will be required if one was not conducted as part of the university’s original hiring process or if it was not done within the last five years.  Employment in the position may not begin until the Department of Human Resources has received and reviewed the results.  The type of background check varies by the nature of the responsibilities of the position and can include, but is not limited to, criminal history, educational credentials, credit history and driving record.   The hiring manager may not make an offer of employment until the Department of Human Resources has received and reviewed the results of the background check.  Based on that review, Human Resources will either inform the hiring manager to proceed with the offer of employment or confer with the hiring manager regarding information resulting from the check that could impact the hiring decision.  

Definitions:

Credit History Check: 

Checking the credit history of the selected candidate or employee for any position with access to, or responsibility for, university funds, cash receipts, cash accounts, checking accounts, or money market accounts.  Credit checks will also be required for positions that initiate accounting/financial transactions that are not reviewed or verified by others; positions that override authority for spending, receipting or billing transactions. 

Criminal History Check:  

Verifying that the selected candidate or employee does not have any undisclosed criminal history in every jurisdiction where the candidate or employee currently resides or has resided. 

Educational Credentials Verification:

Ensuring that the selected candidate or employee possesses all educational credentials beyond high school listed on the application, resume or cover letter or otherwise cited by the candidate that qualify the individual for the position sought. 

Employee: 

Any person employed by the University, whether full-time or part-time except students.

Employment Verification:

Ensuring that the selected candidate or employee actually worked in the positions listed on the employment application, resume, or cover letter or otherwise cited by the candidate that qualify the individual for the position sought, immediately preceding application at the University. This verification request will require dates of employment and reasons for leaving each position.

Licensing Check Verification:

Ensuring that the selected candidate or employee possesses all the licenses listed on the application, resume or cover letter or otherwise cited by the candidate that qualify the individual for the position sought and verification of any license required for the position, including verification of the disposition of such licenses. This includes any motor vehicle drivers licenses required for the associated position.

Motor Vehicle Records:

A motor vehicle record check will be conducted on the selected candidate or employee for any positions that require the individual to drive a university owned, rented or leased vehicle as a regular part of their job responsibilities or when a dedicated vehicle is to be provided to the employee for the purpose of conducting University business. 

Reference Check: 

Verification of at least three (3) professional references.

Criminal History Checks: 

The following are among the factors that the Department of Human Resources and others involved in the decision-making process will consider, review and report when evaluating the results of the criminal background check:

1. The nature and seriousness of the offenses for which the selected candidate has been convicted; 
2. The number of such offenses; 
3. The time elapsed since the last offense; 
4. Whether such convictions are related to the duties of the position;
5. The accuracy of information provided by the selected candidate provided in the employment application process.  

Criminal history information will be limited to a conviction, guilty plea or no contest plea to a felony or misdemeanor. Such information will be used solely for the purpose of evaluating a candidate's suitability for employment, promotion or transfer. Criminal convictions or pleas will not automatically bar an applicant from consideration for employment.  Human Resources shall review any negative results in relation to the position in question with the Office of General Counsel and the Department of Public Safety and may also consult with necessary personnel as part of that review to help determine whether the information resulting from the background check is relevant to the position for which the candidate is being considered. The Assistant Vice President of Human Resources shall make a recommendation to the hiring department and to the Executive Vice President for Finance and Administration and supervising Vice President/Dean of the School of Law, and the supervising Vice President/Dean is the person authorized to make the decision regarding the hiring of the candidate. In the event the criminal record reveals the conviction of a felony under state or federal law, the decision regarding the hiring of the candidate shall be made by the President of the University.  Pursuant to the Fair Credit Reporting Act, the University will notify the candidate if negative information is revealed that may impact the hiring decision, and will provide a copy of the results to the candidate.  Employees have an on-going obligation to inform the University about a conviction, guilty plea or no contest plea to a felony or misdemeanor and are required to do so at the time of such conviction or plea. Decisions regarding whether or not an employee with a misdemeanor conviction record should continue in a position rests with the supervising Vice President/Dean of the School of Law, after consultation with the Executive Vice President for Finance and Administration and the Office of General Counsel.  Decisions regarding whether or not an employee with a felony conviction should continue in a position rests with the President of the University.  New hires may not begin to work until the criminal history investigation is complete.  In the event there is an urgent need for services as determined by the appropriate Vice President, all formal offers of employment and continued employment are contingent upon a favorable background check result and the candidate/employee shall be so notified.  Prior to making the formal offer of employment, the hiring manager shall consult with the Assistant Vice President of Human Resources in order to ascertain any “holds” on or contingencies concerning an offer of employment.

Credit History Checks:

Some positions may require a credit history check to determine if the selected candidate is a suitable hire given the nature of those positions, including access to or accountability for university funds or other cash, financial assets or accounts.  Employees hired into executive and administrative professional positions with access to or accountability for university funds or other cash, financial assets or accounts will be subject to a credit history.  Credit histories for non- administrative professional positions will be necessary when required for direct responsibility for handling or managing cash or credit card information.  Pursuant to the Fair Credit Reporting Act, the University will notify the selected candidate if negative information is revealed that may impact the hiring decision, and will provide a copy of the results to the candidate.  A negative credit history is not an automatic bar to employment but will be considered along with factors such as the nature and seriousness of the credit history and relation to the position in question.  The Department of Human Resources will be the recipient and holder of such 4  information and will share the results only with the hiring manager, supervising  Vice President/Dean of the School of Law and Executive Vice President for Finance & Administration, who shall consult with the President of the University as she or he deems necessary and/or appropriate.

Motor Vehicle Records:

Selected candidates for positions requiring driving responsibilities or operation of University vehicles (owned, rented or leased) are subject to a background check of their motor vehicle records. Pursuant to the Motor Vehicle Use Policy, driving records will be reviewed for the purpose of evaluating a candidate’s suitability for initial and continuing employment, promotion or transfer.  Selected candidates for and employees in positions requiring driving responsibilities or operation of University vehicles (owned, rented or leased) must complete the University Driver Authorization form. The hiring department should contact the Department of Environmental Health & Safety to determine license requirements.  The process for completing the form includes providing a copy of the individual’s valid United States driver’s license and written acknowledgement that the University may obtain the motor vehicle record of the selected candidate or employee from the licensing state pursuant to the Motor Vehicle Use Policy.  Employees must adhere to the prompt reporting requirements regarding changes in status of license.  Selected candidates for positions requiring a Commercial Driver’s License (CDL) must demonstrate that they will be eligible to obtain such a license upon employment.  Employees in positions requiring a CDL will be subject to the federal and state laws governing the requirements for such licenses (e.g., drug screening and physical exams).  Motor vehicle record checks will be performed pursuant to the Motor Vehicle Use Policy for drivers required to maintain CDL licenses as part of the University job’s responsibilities.   Failure to maintain the proper license or to report changes in status will be considered on an individual basis, but subjects a non-compliant employee to an adverse personnel action, up to and including termination of employment.

Reference Checks:

Confidential reference checks are a normal part of the hiring process.  The hiring department shall have the primary responsibility to check references of the selected candidate, internal and external, before an offer is made.  For any employees who submit an application for transfer to another position, the hiring department shall review the employee’s personnel file and have an opportunity to speak with the employee’s current manager before an offer is made. The Department of Human Resources is available to check references or to assist hiring managers in doing so as needed.  Employment Verification, Educational Credentials Verification and Licensing Check Verification:  Employment verifications of prior positions held as indicated in the employment application, academic credentials and/or professional licensing/certification (e.g. nurses, plumbers, electricians, EMTs, athletic trainers, attorneys, etc.), as required for the position, will be verified by the hiring manager. The Department of Human Resources is available to check employment verifications and educational credentials and professional licensing/certification or to assist hiring 5  managers in doing so as needed.

Procedures:

�������� may engage a third party vendor to conduct background screening checks.  Where a third party conducts all or any portion of a background check, the University will comply with the requirements of the Fair Credit Reporting Act. Applicants will be informed during the pre-employment process that selection is subject to completion of background screening with results acceptable to the university, and which check(s) would apply. Prior to conducting the background check(s), a signed, written consent will be obtained from the selected candidate for the position.

Confidentiality:

Records gathered as a result of a background check are part of an employee’s personnel file.  However, disclosure statements that are provided as a follow-up to either a negative criminal background result or credit history check result received in Human Resources are confidential, and as such will be maintained in a separate, confidential file in the Department of Human Resources.

Sanctions for Violation:

Violations of University policies, including providing false or misleading information during an employment application process, whether for an identified position or another position, used for any of the above background checks, will be handled in accordance with applicable University policies and procedures, which may include denial of employment, withdrawal of an employment offer or dismissal of a provisional or current employee.  

APPROVED BY PRESIDENT – OCTOBER 22, 2014 

PDF of Bloodborne Pathogen Exposure Control

�������� BLOODBORNE PATHOGENS EXPOSURE CONTROL PLAN 

I. STATEMENT OF POLICY

It is the policy of �������� (��������) to limit or prevent occupational exposure to blood or other potentially infectious materials by strict adherence to the Center for Disease Control (CDC) defined universal precautions and by providing suitable personal protective equipment (PPE), training, and Hepatitis B immunization.  This Exposure Control Plan describes the procedures necessary to comply with the Occupational Safety and Health Administration’s (OSHA) Bloodborne Pathogen Standard (29CFR1910.1030). 

II. SCOPE 

This policy applies to all �������� employees whose occupational exposure to blood or other potentially infectious materials in the performance of their regular duties may be reasonably anticipated. 

III. INTRODUCTION 

More than 5.6 million workers are exposed to bloodborne pathogens in the performance of their jobs.  Bloodborne pathogens are microorganisms in human blood that cause disease in humans. Although approximately a dozen diseases are known, the main concern is from exposure to the Hepatitis B & C Viruses (HBV & HCV) and the Human Immunodeficiency Virus (HIV), which causes AIDS.  To prevent illness, chronic infection, and even death, OSHA has developed a Bloodborne Pathogen Standard to protect workers from exposure to blood and other potentially infectious body fluids. OSHA estimates that the Standard will prevent more than 200 deaths and 9,200 infections annually. Employees are at risk of contacting infectious diseases each time they are exposed to bloodborne pathogens.  It is the policy of �������� to prevent exposure incidents whenever possible. To protect workers and to comply with OSHA's Bloodborne Pathogen Standard, the university has established this Exposure Control Plan.  The purpose of the Exposure Control Plan is to identify occupations, tasks, and procedures where exposure to bloodborne pathogens may occur and to implement controls that will reduce the risk of infection.  The Exposure Control Plan also includes provisions for affected employees to receive Hepatitis B vaccinations, training, and if necessary confidential medical evaluations. This plan will be reviewed and updated at least annually by the Department of Environmental Health and Safety.  Copies of the plan are available in the Office of Environmental Health and Safety for review by any employee.  Employees may obtain a copy of the plan within 5 days by contacting the Environmental Health and Safety at 254-3189. 

IV. DEFINITIONS 

Bloodborne Pathogens:

Pathogenic microorganisms that are present in human blood and can cause disease in humans.  These pathogens include, but are not limited to Hepatitis B Virus (HBV), Hepatitis C Virus (HCV), and Human Immunodeficiency Virus (HIV). 

Contaminated:

The presence or reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. 

Engineering Controls:

Controls (ex. sharps disposal containers, self-sheathing needles, safer medical devices, such as sharps with engineered sharps injury protections and needleless systems) that isolate or remove the bloodborne pathogens hazard from the workplace.

Occupational Exposure:

Reasonably anticipated skin, eye, mucous membrane, or other parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.

Other Potentially Infectious Materials:

1. The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;  
2. any unfixed tissue or organ (other than intact skin) from a human (living or dead); 
3. HIV-containing cell or tissue cultures, organ cultures and HIV- or HBV-containing culture medium or other solutions; and blood, organs or other tissues from experimental animals infected with HIV or HBV.

Parenteral:

Piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts and abrasions.

Personal Protective Equipment (PPE):

Specialized clothing or equipment worn by an employee for protection against a hazard.  General work clothes (ex. uniforms, pants, shirts, or blouses) not intended to function as protection against a hazard are not considered to be PPE.

Regulated Waste:

Liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.

Universal Precautions:

An approach to infection control.  According to the concept of universal precautions, all human blood and certain human body fluids are treated as if they are infectious for HIV, HBV and other bloodborne pathogens.

V. EXPOSURE DETERMINATION 

1. The Department of Environmental Health and Safety, in consultation with the Department of Human Resources as necessary, will evaluate the duties, tasks, and procedures of all employees in each job classification to determine who may have occupational exposure to bloodborne pathogens as part of their job duties.  This evaluation and exposure determination will be made without regard to personal protective equipment.  Exposure determinations will be reviewed and updated at least annually by the Department of Environmental Health and Safety. 
2. Job classifications in which ALL employees have occupational exposure: 
   1. Registered Nurse 
   2. Nurse Practitioner 
   3. Certified Medical Assistant 
   4. Public Safety Officers 
   5. Athletic Trainers 
   6. Emergency Medical Technicians 
   7. Groundskeepers 
   8. Groundskeepers Supervisor 
   9. Custodians 
   10. Custodial Supervisor 
   11. Mechanical Maintenance 
   12. Maintenance Specialist 
   13. Maintenance Supervisor 
   14. Plumber 
3. Job classifications in which SOME employees have occupational exposure: 
   1. Building Maintenance Person 
   2. Electrician 
   3. HVAC Technician 
   4. Energy Controls Technician 
   5. Telecommunications Technician 
   6. Mechanic 
   7. Carpenter 
   8. Shuttle Driver 

VI. UNIVERSAL PRECAUTIONS 

1. All workers will observe universal precautions when performing any task which may result in occupational exposure to blood or other potentially infectious body fluid. Universal precautions treat all human blood and certain body fluids as if they were infected with bloodborne pathogens. 
2. Universal precautions apply to blood, semen, vaginal secretions, cerebrospinal fluids, synovial fluids, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids where it is difficult to differentiate between body fluids. Universal precautions also apply to exposure to unfixed tissues or organs other than intact skin from living or dead humans. 

VII. ENGINEERING CONTROLS 

1. Engineering controls are devices that isolate or remove the bloodborne pathogens hazard from the worker. Engineering controls shall be used in preference to other control methods to eliminate or minimize exposure to blood or other potentially body fluids. Departments will evaluate the effectiveness of existing controls and review the feasibility of instituting more advanced engineering controls that eliminate or reduce exposure to bloodborne pathogens.  
2. The following engineering controls will be in place in all areas of occupational exposure:  
   1. Readily accessible handwashing facilities.  
   2. Antiseptic towelettes or antiseptic hand cleanser and towels in areas where it is not feasible to have handwashing facilities.  
   3. Sharps disposal containers.  
   4. Appropriate containers for storage, transport, or shipment of blood or other potentially infectious materials, regulated waste, and contaminated laundry.  
3. Engineering controls will be inspected periodically and repaired or replaced as needed by a designated person appointed by trained supervision in affected departments. 
4. Commercially available safer medical devices designed to eliminate or reduce occupational exposure will be evaluated annually and implemented if appropriate. Examples include selfsheathing needles, sharps with engineered sharps injury protections and needleless systems. Documentation of this evaluation will be kept by affected departments. 
5. In the evaluation and selection of safer medical devices input will be solicited from nonmanagerial employees who are responsible for direct patient care and potentially exposed to contaminated sharps. Affected departments will maintain documentation of this evaluation.   

VIII. PERSONAL PROTECTIVE EQUIPMENT

Personal Protective Equipment (PPE) including but not limited to gloves, masks and eye protection shall be available and worn by all persons who can reasonably anticipate exposure to blood and other infectious materials during the course of their duties. 

1. Such personal protective equipment is provided, cleaned, and / or replaced as required by law by the University unit where the exposed employee works at no cost to the employee. 
2. Employees are required to use appropriate personal protective equipment whenever contact with blood or other potentially infectious material is anticipated. 
3. Personal Protective equipment is considered to be appropriate only if it prevents contact of blood and / or other potentially infectious materials from coming into contact with skin / mucous membranes.  

IX. NEEDLESTICK PREVENTION

Devices that are capable of reducing or eliminating the potential for needlestick and other sharp instrument injuries are now available.  Examples of such technology include needle-less delivery systems, self-sheathing needles and catheters, retractable hypodermic needles, and needle guards and shields.  It is vitally important that the use of these devices becomes a standard practice in clinical and research laboratories.  They should be used wherever and whenever possible.  Those employees who use these devices the most (ie. nurses and phlebotomists) should be consulted for input in the type of needlestick prevention equipment purchased. 

X. POST EXPOSURE EVALUATION AND FOLLOW-UP 

1. All exposures to blood or other potentially infectious materials are to be reported to �������� Health Services Department.  Following the report of an exposure incident, confidential medical evaluation, treatment and follow-up shall be made available within 24 hours to the employee who experiences such exposure.  Such services shall be provided at no cost to the employee. 
2. �������� Health Services Department will determine the required follow-up or treatment to be taken based on the exposure, applicable CDC guidelines, and �������� Health Service policies. 
   1. �������� Health Services Department is responsible for documenting all exposures and medical actions taken. 
   2. �������� Health Services Department is responsible for retaining bloodborne pathogen exposure related correspondence (ex. bloodborne pathogen exposure checklist, bloodborne pathogen exposure form, healthcare professional’s written opinion, etc) with an exposed employee’s attending healthcare provider(s).  These records are maintained in accordance with governing law. 
   3. Environmental Health and Safety is responsible for evaluating the circumstances surrounding an exposure incident, and shall recommend appropriate safety equipment and/or changes in procedure to prevent further exposures of this type. 
3. At the �������� Providence site (150 Washington Street), exposures to blood or other potentially infectious material should be evaluated as soon as possible by the nearest health care facility (i.e., local hospital or medical clinic).  This evaluation and subsequent medical follow-up should be done as soon as possible after the exposure occurs. This medical evaluation and follow-up shall be provided at no cost to the employee. 
4. Medical Evaluation – following the report of an exposure incident, �������� shall ensure a confidential medical evaluation and follow-up are made immediately available to an exposed employee, which shall include the following elements: 
   1. Documentation of the route(s) of exposure, and the circumstances under which the exposure occurred. 
   2. Identification and documentation of the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law. 
   3. The source individual’s blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV, HCV, and HIV infectivity.  If consent is not obtained, the employer shall establish that legally required consent cannot be obtained.  When the source individual’s consent is not required by law, the source individual’s blood, if available, shall be tested and the results documented.   
   4. When the source individual is already known to be infected with HBV or HIV, testing for the source individual’s known HBV or HIV status need not be repeated. 
   5. Results of the source individuals testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual within the confines of state and federal law. 
   6. Collection and testing of the exposed individuals blood for HBV and HIV status. 
   7. The exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained.  
   8. If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible.   
   9. Post-exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service. 
   10. Counseling – done prior to collection of the blood.
   11. Evaluation of reported illnesses. 
5. Information provided to the Healthcare Provider – the University shall ensure that the healthcare professional responsible for the employee’s Hepatitis B vaccination is provided with a copy of this regulation.
6. The University shall further ensure that the healthcare professional evaluating an employee after an exposure incident is provided with the following information: 
   1. A description of the exposed employee’s duties as they relate to the exposure incident 
   2. Documentation of the route(s) of exposure and circumstances under which exposure occurred 
   3. Results of the source individual’s blood testing, if available 
   4. Medical records relevant to the appropriate treatment of the employee including vaccination status, which are ��������’s responsibility to maintain. 
7. Healthcare Professional’s Written Opinion – The employer shall obtain and provide the employee with a copy of the evaluating healthcare professional’s written opinion within 15 days of the completion of the evaluation.  
   1. The healthcare professional’s written opinion for Hepatitis B vaccination shall be limited to whether Hepatitis B vaccination is indicated for the employee, and if the employee has received such vaccination. 
      1. The healthcare professional’s written opinion for post-exposure evaluation and follow-up  shall be limited to the following information: 
         1. That the employee has been informed of the results of the evaluation 
         2. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. 
         3. All other findings or diagnoses shall remain confidential and shall not be included in the written report. 

XI.    COMMUNICATION OF HAZARDS

The universal biohazard symbol shall be used throughout �������� to indicate the presence of blood or other potentially infectious materials and shall be affixed to containers of infectious waste, refrigerators and freezers containing these materials, containers used to transport these materials, contaminated equipment and at the entrances of areas where these materials are used or stored. 

1. Information and Training 
   1. All employees who may have occupational exposure to bloodborne pathogens shall attend a training program which explains the hazards of working with blood and other potentially infectious materials and the methods of compliance used by �������� to minimize this exposure. It shall be the responsibility of the Department Heads to ensure that their at-risk employees attend the training. 
   2. Initial training shall be provided to all at-risk employees. Retraining is provided annually or, in the event of employee reassignment, training on new tasks or procedures shall be provided at the time of such reassignment. 
   3. The training shall include, but shall not be limited to the following: 
      1. A copy of the OSHA Bloodborne Pathogen standard and an explanation of its contents. 
      2. A general explanation of the epidemiology and symptoms of bloodborne diseases. 
      3. An explanation of the modes of transmission of bloodborne pathogens. 
      4. An explanation of ��������’s exposure control plan and the means by which an employee can obtain a copy of the plan. 
      5. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials. 
      6. An explanation of the use and limitations of the method that will prevent or reduce exposure, including appropriate work practices and personal protective equipment. 
      7. Information on the types, proper use, location, removal, handling, maintenance (including decontamination) and disposal of personal protective equipment. 
      8. Information on the basis for selection of personal protective equipment. 
      9. Information on the Hepatitis B vaccine as described in section VI of this document. 
      10. Information on the appropriate actions to be taken and persons to contact in an emergency involving blood or other potentially infectious materials.  
      11. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available. 
      12. An explanation of the pertinent signs and warning labels in use at ��������. 
      13. An opportunity for questions and answers. 
   4. Training records shall be maintained by the Office of Environmental Health and Safety, as appropriate.  Such records shall be retained for a minimum of three years, in accordance with OSHA standards. 

XII. ANNUAL REVIEW

This �������� Bloodborne Pathogens Exposure Control Plan will be reviewed at a minimum on an annual basis and also updated as necessary to reflect changes in �������� policies and procedures, as well as any changes indicated or mandated by law. 

PDF of Change of Name

CHANGE OF NAME POLICY 

Purpose:

To assure that employee records and payroll information is accurate and up-to- date. 

Scope:

All Employees 

Policy:

It is the responsibility of the employee to notify the Office of Human Resources (OHR) within 30 days of changes of legal name*. A Personnel Action Form (PAF) must be completed noting the necessary change(s) and submitted to the Office of Human Resources. 

*The OHR requires the employee’s legal name be used in all Human Resources and Payroll records. A Social Security card or receipt from the Social Security Administration showing the new legal name is required to update the employee’s records.  The Social Security card or receipt must be presented to the representative of the OHR. The following forms must be completed in order to update employee name in the Human Resource and Payroll records:

• Employee Change of Name Form 
• Update the original I-9 Verification Form 
• Representative of OHR will complete Section III of the original I-9 Form 
• W-4 Tax Withholding form 

October 2019  

PDF of Children in the Workplace (rev. Fall 2019)

CHILDREN IN THE WORKPLACE POLICY 

Purpose:

To provide guidance on and outline the circumstances and conditions under which minor dependent children of employees (or minor children within the care of custody of an employee) may be present within the �������� (“��������” or “University”) workplace. 

Definition:

For purposes of this policy, a “child” is defined as an individual under the age of eighteen (18) years who is not a student or employee of the University. 

Applicability:

This policy applies to employees for whom the need to bring dependent children to the workplace may arise.  This policy does not apply to a minor child’s participation in University-sponsored programs or attendance at University-sponsored special events to which children and/or families may be invited.  Similarly, participation in an approved educational event that permits children to observe and/or participate in parents’ or guardians’ work activities is permitted. 

Policy Statement:

The University values a workplace culture that fosters a healthy and appropriate balance between workplace obligations and family demands.  In keeping with this value, the University has established the following policy to provide guidance on when and under what circumstances children can appropriately be present in the �������� workplace. Whenever is operationally practicable, managers should honor an employee’s request for flexibility to meet unexpected family needs that may require an employee’s attention during normal working hours.  So long as operational conditions and workloads will reasonably permit, managers are expected to work with employees in order that such unexpected needs can be met by using breaks, lunch periods, flexible work schedules, adjusted hours, vacation leave or other alternative work arrangements. Regular and extended presence of children during work hours is not permitted due to the potential for interruption of work or University activities, as well as the potential for such presence to negatively impact productivity and/or present avoidable exposure to safety risks and/or potential legal liability.  The workplace may not be used as an alternative to regular child care, and bringing children to the workplace on a frequent basis, such as during school breaks or before/after school is not permitted.  Likewise, a child who is ill and thus unable to attend school or day care may not be brought to the workplace.  Subject to the limitations described in this Policy, visits by children of employees are permissible, provided that advance supervisory approval is sought and obtained by the employee.  Approval is at the sole discretion of the supervisor.  During any such visits, minor children may not be left unsupervised, nor may they be placed under the supervision of other employees. The presence of the child may not disrupt the work environment or negatively affect the productivity of the employee who brought the child, the employee’s colleagues, or University students.   Minor children of employees shall not be permitted in any University residence halls without a parent or legal guardian present, nor in any potentially hazardous area or in any area deemed hazardous by the Department of Environmental Health & Safety.  Such areas include (but are not limited to):  confined spaces; areas with excessive noise, temperatures or pollution; science laboratories or other specialized areas containing chemicals, biological hazard, flammable materials, sharp objects, power tools, or other environmental hazards; facilities or trades work areas, commercial food preparation areas; rooftops; construction areas; University vehicles, vessels or other motorized equipment; storage areas; waterfront. 

Policy Inquiries: 

The Department of Human Resources is responsible for overseeing implementation of and ensuring adherence to this policy.  Any questions about this policy or its application should be directed to the Department of Human Resources, at:  (401)254-3028. 

PDF of Compensation Controls

�������� and �������� School of Law Policy Change – Compensation Controls

�������� Changes to the Compensation Policies and Related Controls

The President of the University is authorized to approve exceptions to the compensation policies should a case exist where it is warranted and beneficial to the organization.  The key is to provide a reporting mechanism to ensure that abuses do not occur. In addition, there should be an additional review on exception items that are above the normal ranges identified by the University. The following represents clarification to our procedures to ensure the propriety and transparency of exception items: 

1) Merit Awards Within Authorized Salary Bands

In addition to the required signatures currently, any annual merit award within the appropriate salary band which is greater than 10% of the employee’s base salary will be reviewed and approved by the Executive Vice President for Finance and Administration. Once approved, all merit increases are forwarded to the President for final approval. Merit awards greater than or equal to 20% of the employee’s base salary will be forwarded by the President to the Chairman with justification for the increase.  Any merit awards approved at a level of 20% or higher are to be reported quarterly to the Audit Committee of the Board of Trustees along with the justification for the award.

2) Merit Awards Above Authorized Salary Bands

In addition to the required signatures currently, any annual merit award that raises the employee base salary above the maximum of the salary band is to be reviewed and approved by the Executive Vice President for Finance and Administration.  All requests are then forwarded to the President for approval or denial.  Any awards above the maximum of the salary band and approved by the President will be forwarded to the Chairman for final approval.  If approved, the awards are to be reported quarterly to the Audit Committee of the Board of Trustees with justification for the award.

3) Re-Classifications and Promotions

Any re-classification or promotion that provides a 20% increase or more in base salary or in combination with other compensation increases within the same fiscal year that provides an increase of 20% or more in base salary is to be reviewed by the Executive Vice President for Finance and Administration prior to submission to the President.  If not approved, the reclassification /promotion is placed on hold and the full compensation review is forwarded to the President for approval or denial. Any compensation increases above 20% which are approved by the President will be forwarded to the Chairman for final approval. If approved, the reclassification or promotion will reported to the Audit Committee of the Board of Trustees quarterly with justification for the change in compensation.

4) New Positions Requiring Unbudgeted Funding

In addition to the signatures required currently, any new positions that require additional budget funding is to be reviewed by the Executive Vice President for Finance and Administration. If approved the position request is forwarded to the President for final review and approval. A list of unbudgeted new positions approved by the President is to be provided quarterly to the Finance Committee with justification for the position.

Summary

The intent of these changes is to manage the exception items with appropriate controls without interfering with the standard compensation transactions that fall within normal ranges for the University.  A second review at the Executive Vice President level along with the regular reporting of exceptions will provide additional transparency into any recommended exceptions. 

Adopted by Cabinet 10/13/2010 

PDF of Confidentiality

�������� and �������� School of Law  Confidentiality Policy

Purpose:

To respect the confidentiality of proprietary University business information.

Scope:

All employees, contractors and subcontractors 

Policy: 

The disclosure of information, either paper, automated or verbal, to which an employee has access, is not to be disclosed to unauthorized personnel.  This includes, but is not limited to, salary, benefits, financial information, student grades, billing information, etc.  Violation of this policy subjects the individual to disciplinary action up to and including termination.

Updated: March 2003   

Conflict of Interest Information

PDF of Court Required Service

�������� and �������� School of Law Court Required Service Policy

Purpose:

To establish guidelines and provisions for �������� (the “University”) employees who are summoned to court for jury duty, a witness/party in a sanction proceeding or by subpoenaed service. 

Scope

This  policy  applies  to  all  employed  in  full-time,  permanent  positions  and  parttime, permanent positions by the University, subject to the terms herein and to the provisions of governing collective bargaining agreements (CBAs) for those recognized by same. Where there is conflict between the CBAs and this policy, whether by inclusion or exclusion of terms, the CBA’s express terms only govern. 

Policy

Jury Duty 

Jury Duty is an important civic duty respected by the University. An employee called to serve on a jury shall be released from duty to the University, without loss of regular pay, for that period of time actually required to serve. If and when excused from jury duty with more than one half (½) day remaining (or assigned class and/or office hours scheduled and remaining) in an employee’s workday, driving time to the University inclusive, the employee is expected to report to work. Validation of service day(s) and time(s) shall be provided to the University upon request.

Witness/Party in University-Sanctioned Proceeding(s) 

Employees scheduled to appear as either a witness or a party before a judicial, administrative or legislative tribunal of competent jurisdiction, when such appearance is part of the University-sanctioned job function, shall be released from regular reporting to work without loss of regular pay, for that period of time actually required to serve. If and when excused from the University-sanctioned proceeding with more than one half (½) day remaining (or assigned class and/or office hours scheduled and remaining) in an employee’s regular workday, driving time to the University inclusive, the employee is expected to report to work. Validation of service day(s) and time(s) shall be provided to the University upon request. Where an employee is directed or requested by University to participate in a proceeding, as outlined above, and only in that instance, that employee will be reimbursed for their additional travel beyond that required to and from work. Reimbursement will be in accordance with University policy and procedure for business- related travel.

Subpoenaed Service 

Subject to the conditions as set out herein, employees required, by properly authorized subpoena, to appear before a judicial or administrative tribunal of competent jurisdiction as a non-party witness in which they have no pecuniary, personal or proprietary interest shall be released with pay from duty to the University for that period of time actually required to appear and remain. Properly released, subpoenaed appearance is otherwise considered as unpaid release by operation of this policy. If and when excused from subpoenaed duty with more than one half (½) day remaining (or assigned class and/or office hours scheduled and remaining) in an employee’s regular workday, driving time to the University inclusive, the employee is expected to report to work. Validation of service day(s) and time(s) shall be provided to the University upon request.

Updated: May 2008

PDF of COVID Accommodations FAQ

�������� Policy Regarding COVID-19 Workplace Accommodation for High-Risk Individuals (Temporary Policy) 

�������� and �������� School of Law (collectively “the University”) acknowledge the heightened risks that COVID-19 presents to faculty and staff who suffer from certain preexisting health conditions and/or who are members of populations that render them otherwise medically vulnerable.   According to the Centers for Disease Control (CDC), those at high-risk for severe illness from COVID-19 include: people 65 years of age and older, as well people of all ages who are either immunocompromised or who suffer from other underlying medical conditions (such as moderate to severe asthma, chronic lung disease, serious heart conditions, obesity, chronic kidney disease requiring dialysis, and liver disease), particularly if those conditions not well controlled.   As part of its institutional response to COVID-19, the University is committed to returning its workforce to campus in a careful and phased way, as well as to reasonably supporting employees who are either themselves at high risk of severe illness from COVID-19 or who share a household with someone who is.

Any University employee who is at high risk of severe illness from COVID-19 (or who shares a household with someone at high risk) may initiate a request for a job-related accommodation due to the potential threat of exposure to COVID-19 in the workplace.  Such requests may be initiated through the employee’s immediate supervisor or by contacting the Department of Human Resources.    Upon receipt of either a supervisor referral or an employee-initiated request, the Department of Human Resources will determine what additional information may be necessary to consider the request, such as validating information from the employee’s healthcare provider and/or information from the employee’s supervisor about essential job functions.  Human Resources will then facilitate an interactive discussion so that the University may evaluate the request and determine, on a case-by-case basis, whether and what type of accommodation is warranted.  Such determinations will involve individualized assessment of a given employee’s circumstances and will consider the reasonableness of possible accommodations in light of operational and academic needs.  The decision to grant an accommodation does not necessarily imply an acknowledgment that the employee is disabled within the meaning of applicable law. 

COVID-19 ACCOMMODATION POLICY – FAQS 

Are accommodations granted under this Policy considered permanent?

The University has implemented this policy as a result of the extraordinary circumstances presented by the COVID-19 pandemic.  Accommodations granted pursuant to this temporary Policy are based on present circumstances and are subject to change based on developments in public health directives and guidance, operational conditions, and the state of the pandemic. 

How will the confidentiality of medical information gathered by Human Resources in order to evaluate my request be safeguarded? 

To evaluate requests for accommodation, Human Resources will require medical documentation related to the employee’s health condition or of the person with whom the employee shares a household if the request is being made due to their health condition. As with all employee medical information, such information will be maintained in a confidential medical file that is kept separate from the employee’s personnel file.  It will be disclosed only in limited situations and only to the extent specifically requested and authorized by the employee or by applicable law. 

I have requested an accommodation under this policy because I live with someone who is at a greater risk of complications if they contract COVID-19 due to an underlying medical condition or other vulnerability.  Is this something that is required by law? 

No.  Accommodations are only required for an employee’s own disability – not for disabilities of other individuals that the employee lives or interacts with.  However, the University, as a matter of policy, has decided to consider such requests and fashion accommodations where possible and appropriate. 

My childcare or elder-care arrangements have been disrupted by the COVID-19 pandemic.  May I seek a remote work or other alternative work arrangement accommodation pursuant to this Policy in order to care for my child or elderly parent? 

This Policy is intended to address matters involving employees’ need for accommodations due to health conditions that render them (or a household member) at heightened risk due to COVID19, not work accommodations related to child or elder-care.  However, the University encourages managers to, wherever practicable, honor an employee’s request for flexibility to meet unexpected family needs brought about by the pandemic conditions, and that they be reminded of the institutional expectation that they work with employees, to the extent operational conditions and workloads will reasonably permit, so that unexpected needs can be addressed by using breaks, lunch periods, flexible work schedules, adjusted hours, vacation leave or other alternative work arrangements.  Additionally, the Department of Human Resources stands ready to assist employees who wish to explore availability of leaves of absence for such purposes. 

What kinds of accommodations are possible? 

Accommodations will vary from employee to employee, and from job position to job position.  Requests will be considered on a case-specific individualized basis through an interactive process with the employee and the relevant manager(s).  Accommodations may include the possibility of remote work arrangements, or furnishing additional or enhanced protective gowns, masks, gloves, or other protective equipment. Accommodations also may include additional or enhanced protective measures, temporary modification of work schedules (if that decreases contact with coworkers and/or the public when on duty or commuting), or moving the location of where one performs work. 

Under what standards will my request be evaluated? 

Ultimately, each request will be considered on an individualized basis, taking into account the nature of the employee’s job and the effectiveness and reasonableness of accommodations requested.  Requests for accommodations that require elimination of an essential job function or that present an undue hardship for the University cannot be granted. 

How do I apply for an accommodation? 

Any University employee who is at high risk of severe illness from COVID-19 (or who shares a household with someone at high risk) must submit a written request for a job-related accommodation to the employee’s immediate supervisor or to the Department of Human Resources.  The Department of Human Resources will determine what additional information may be necessary to consider the request.    

Electronic Communications Policy

PDF of Emergency Closing

�������� / �������� SCHOOL OF LAW EMERGENCY CLOSING POLICY

PURPOSE:

��������, including �������� School of Law (the “University”), established this Emergency Closing Policy (the “Policy”) to ensure the University provides for officially closing its operations in whole  or in part in response to unusual conditions such as severe inclement weather or unanticipated occurrences  emanating from internal or external factors and rendering the University or a part thereof, unfit for regular  operation.

SCOPE:

All employees, visitors, guests, contractors and subcontractors. 

POLICY:

The authority to close operations is vested in and restricted to, the President, or the President’s express designee. An emergency closing may, but need not be affected University-wide.  It may also be specific to a building, area or part thereof and/or it may be functional to a group, operation or event. An emergency closing may be declared at any hour of the day and shall remain effective for the period specified by said authority or in the absence of a specified period, for eight (8) hours from the time the closing is declared. When the closing is effected, those employees covered by the declaration shall be released from reporting at work and shall be compensated at their regular rate of pay for such released period.  All non-exempt employees covered by the declaration and directed to report or remain at work during an emergency closing, and only such employees, shall be considered “essential services personnel” for the period in question, and shall receive double their regular rate of pay (or, as applicable, as otherwise specified in the relevant collective bargaining agreement) for that period of actual work reporting, during the University-declared emergency closing. When closing is specific to a building, area, or part thereof, and the University provides alternative work site(s) for affected individuals, those employees are expected to remain at the alternative work site(s) and will receive their regular rate of pay for the regular shift(s) worked at the alternative work site(s).  A specific location closing or a functional closing (such as the early closing of scheduled classes), does not of itself enable the work release of any employees. 

As a general rule, essential services personnel as described above are: 

1. Facilities personnel involved in restoring, readying and/or ensuring an accessible work environment. 
2. University Public Safety personnel. 
3. Designated Student Life and Residential Life personnel. 
4. Dining personnel involved in providing meals to residential students. 
5. Specific circumstances and operational needs may dictate express designation on a case-by-case basis, of other personnel designated by Vice Presidents. Those designated employees are then governed by those reporting and pay parameters of essential services personnel. Unless employees designated herein as “essential services personnel” are specifically and expressly relieved of that designation in writing, they are and shall remain, essential services personnel. 

When an employee is otherwise absent from the University in a pre-approved (or otherwise authorized) paid leave, and accordingly charged paid accrual from an appropriate benefits bank, and a functional, regional or Universitywide closing applicable to the employee, is affected on the same day as the pre-approved paid absence, only that time (on an hour-for-hour charge, for those eligible for overtime, or a half-day charge for all others) that the University is open for regular reporting from such individual had he/she not been on an approved leave, will be charged from the pre-approved or otherwise authorized paid benefits bank. For Professional and Administrative Staff not entitled to overtime by law, the half-day charge will be incurred where the closing is two (2) hours or more and the full day charge will be incurred where the closing is six (6) hours or more. When the University is not closed in accordance with this and/or other official policy and regulation or when an otherwise acceptable, excused absence from employment, in accordance with controlling policy, is not properly utilized, all employees are expected to report to work in a timely fashion.  Failure to report, only due to serious weather conditions or other real and demonstrable and unanticipated impediment shall result in the subject employee utilizing his/her choice of available vacation accrual to account for the absence.  If there is no available vacation accrual, the excused absence will be unpaid.  In the event of a non-reporting, due to inclement weather or other real and demonstrable impediment making it virtually impossible to report, non-exempt personnel will be charged accrued time on an hour-for-hour exchange of absence and paid accrual.  Exempt personnel shall be charged the nearest half day of paid accrual for the absence as rounded to the half day

�������� and �������� School of Law (collectively “University”) have established the following standardized “Operating Levels” for the University’s educational and business operations

Notes: 

• The above applies to all University operations, campuses (e.g. Bristol, Providence, School of Law) and facilities (Bristol, Providence), although it is recognized that Levels 3, 4, 5 and 6 may be specific to a building, area or part thereof and/or it may be functional to a group, operation, or event.  The designation of a specific level will be assumed to apply to all operations, campuses and facilities absent instructions to the contrary in any announcement. 
• Related policies/documents: University Emergency Closing Policy; Emergency Closing Policies contained within collective bargaining/union agreements.    

PDF of Employment Processing Policy & Procedure

��������’s EMPLOYMENT PROCESSING POLICY & PROCEDURE 

PREFACE 

Development and maintenance of the university’s position and personnel structure and roster, is central to the realization of the university’s mission.  In furtherance of efficient and effective implementation of position structure, roster and associated hiring practices and compensation policy, effective July 1, 2004, the following represents the university’s employment processing policy and procedure. 

UNIVERSITY POSITION ROSTER 

The university roster of positions will evidence a dynamism that is inherent in an organizational structure that is built to facilitate excellence and continuing adaptation to the changing needs of its constituencies.  Therefore, both permanent and temporary as well as full and part-time positions of varied structure, character and function will comprise the university’s position roster. Permanent positions are those planned and expected, at inception, to continue from year to year as an optimally encapsulated grouping of work functions on behalf of the university.  While permanency is relative to continuing need, funding and priority, these positions make up the core workforce of the university. Temporary positions are those targeted toward meeting necessary short-term objectives, interim work priorities while permanent, optimum position structure is in development and/or are utilized to fill staffing vacancies for a limited time.  These positions are, by their nature, of limited existence and will normally only be approved and funded for periods of no more than one (1) year in duration.  Under exceptional circumstances and consistent with governing collective bargaining agreements, temporary positions may continue beyond one year. 

PERSONNEL ACTIONS 

Personnel actions, as a function and ultimately an indicia of the character and quality of university management, are myriad in type, volume and level of significance.  Initiated at various levels within the management structure, the authority to make and enforce personnel decisions and resulting actions is governed by extant policy.  However, authority to hire, reclassify, promote, adjust salary and terminate employment are personnel decisions entrusted to the university’s executive staff (or their formally approved managerial designees). 

POSITION, PERSONNEL & COMPENSATION CONTROL

Regardless of funding source (e.g. university, contract, grant), level or type of position and/or executive level personnel action, the authority to create, amend and delete the university’s roster, character of and associated compensation for positions and/or associated personnel is reserved for and among the university’s executive staff as follows:  

I. PERMANENT POSITIONS/PERSONNEL ACTION 

 II. TEMPORARY POSITIONS   

Forms: 

• RPA 
• Job Description 
• Recruitment Plan
• RACS 
• PAF  

Necessary Authorizations: 

Division SVP/VP/Dean of Law School, VP for Finance & AVP of HR (consulting w/President as appropriate)

PROCESSING PROTOCOL:

The process by which both positions are created, amended, deleted and packaged and personnel actions are effected should maximize efficiency, ensure both quality control in policy compliance and provide effective communication.  Such a process demands express consideration and accountability of the signatories, frequent communication between and among them and careful attention to and respect for the different responsibilities comprising the process.  An authorized position shall be accompanied by a position description, approved job classification and compensation program, FLSA designation, bargaining unit or non-aligned identification and accompanying terms and conditions of employment designation.  The Department of Human Resources shall consult, as necessary with relevant managerial and executive staff, relative to policy parameters and compliance and shall maintain appropriate positional histories, providing periodic reports of same to executive staff. In furtherance of this protocol, the following order of authority to proceed, review, route, approve and implement is established: 

1. The duly authorized officer as set out above, following review, as necessary, with the employing division/department and consideration as to both the legitimacy, need and priority of the action and the adequacy (where pertinent) of both budget and the proposed package, directs, in writing, the Department of Human Resources with copy to both the Funding Source Officer and the AVP of HR, to proceed with the position, personnel and/or compensation action. 
2. The Budget Office, and/or the office administering Grants, and Contracts provides fund source/savings, identification and verification to the Department of Human Resources. 
3. The Department of Human Resources provides classification, compensation, employee unit affiliation, terms and conditions of employment designation, EEO search selection consideration and personnel action review, in compliance with policy and as appropriate to the action.  The Department of Human Resources will forward all personnel actions that are not routine, including proposed terminations to the Office of General Counsel. 
   1. Proposed positional and/or related compensation adjustments will be accompanied by: 
      1. a thorough job description or a completed position information questionnaire; 
      2. written rationale for the proposed position, and/or compensation adjustment; 
      3. a certification of budget from available, personnel dedicated funds.
      4. a Request for Position Authorization (“RPA”) and  Recruitment Plan  (when filling a new position or refilling a vacancy) which must be fully filled out, identifying the request for or proposed composition of a search committee and any request for alteration of the “Hiring Practices Policy & Procedure" special requests such as expedited process due to a documented urgency in placing the position and/or personnel action(s) above its competing interests. All new or vacant positions must be advertised on campus for at least five working days before it may be filled on a regular basis. No one may be employed in a temporary, acting, or reduced-time capacity with a view to transfer to regular status without at least an internal advertisement of the position.  
   2. Personnel actions will be implemented in accordance with the extant policy & procedure, including by way of illustration, the Compensation and Classification Policy and Procedure, the Hiring Process for Managers and the applicable discipline and Employment Separation Procedure Flow Chart.  
   3. Continuous dialogue, including published rosters of work in progress will be provided to the appropriate Senior Vice President Vice President or Vice President for prioritization and project efficacy.  
4. The executive level authority set out above, provides final review, pending issue resolution and signatory approval. 
5. Exceptions to employment policy are reserved for the President who shall consult with the Senior Vice President for Finance and Administration before responding to a Senior Vice President or Vice President’s endorsement to a requested policy exception. 
6. Implementation by and through the Department of Human Resources, as appropriate to the authorization(s), will be effected, periodically audited and reported back to the executive staff. These processes may, in some circumstances, entail significant review and, correspondingly, a considerable period of time.  In many circumstances, the process should be completed in a matter of a few days.  When packaged appropriately and in conformity with policy and process, positional and/or personnel actions of a routine nature will be processed within seven to ten working days from the time the approval to proceed is forwarded.  An understanding of the process and collegial communication concerning the process is essential to its efficacy.  In furtherance of this protocol, an on-line interactive, tracking and information system shall be devised, implemented and amended as appropriate, with periodic briefings and orientation of process to be provided through the Department of Human Resources. 

Appendix A 

��������’s HIRING PRACTICES POLICY AND PROCEDURE 

The hiring practices and protocol of the University mark a commitment to global and diverse human resources through prudent position and personnel planning, search processes and candidate selection.  In furtherance of that commitment, the following constitutes the University’s Hiring Practices Policy & Procedure:  

SCOPE OF SEARCH

All full-time tenure-track faculty position openings and all senior level administrative/professional position openings shall be filled following a national search and, where practicable and not cost prohibitive, following a bonafide exploration of qualified international candidates.    All management and professional positions shall be filled following a regional search and where practicable, the search may be extended beyond the region where identified demographics reveal a significant talent pool of diverse backgrounds in the discipline being recruited. All searches will formally seek diversity in and among the candidate pool recruited and will take affirmative steps available and prudent to systematically improve upon the diversity of the university’s human resources at all levels within the organization.  Where, unusually talented, and available personnel are identified prior to commencement of a search, the search may be dispensed with when either there is an exigent circumstance behind the filling of a position or the university’s commitment to globalization and diversity is not hindered and an opportunity for maximization of personnel excellence presents itself.  This decision is reserved to the President.  All recognized bargaining unit positions will be filled in accordance with governing collective agreement parameters and otherwise in accordance with this policy and procedure.

SEARCH COMMITTEES

The University may delegate recruitment and analysis of qualified candidates to specially constructed and instructed search committees. The purpose of Search Committees is expressly to bring efficacy to the University’s goal of hiring excellent human resources.   Search Committees shall be formed and then charged by both the Department of Human Resources as to legal and policy guidelines, including the hiring practices protocol, and either the supervising Senior Vice President/Vice President/Dean of Law School or the Assistant Vice President of Human Resources as to particular scope, character and selected process for the search.   6 The decision as to whether or not to conduct a search, through a, specially constituted Search Committee, shall be made following consultation between the supervising Senior Vice President/Vice President/Dean of Law School and the Senior Vice President for Finance and Administration or his/her designee but generally searches will be conducted through specially constituted Search Committees for all full-time tenure-track faculty positions and all full-time, senior administrative/professional positions.   The President will be consulted prior to final selection of a candidate, for all full-time tenure-track faculty positions and all full-time, senior administrative/professional positions (Director level and above).   External Search Firms may only be engaged by the Senior Vice President for Finance and Administration or in consultation with the Office of General Counsel. 

HIRING PROCESS

The hiring of new personnel and both the promotion or reclassification of personnel may only be made consistent with the university’s Employment Processing Policy & Procedure. The candidate communication and selection process is then as follows:  

1. Initial Response upon Receipt of Application :  Upon receipt of an application for employment, whether online or paper, the Department of Human Resources will respond in kind, i.e., by e-mail or U.S. mail, to inform the applicant that the application was received, to express thanks for his or her interest, and to inform the applicant that he or she will be contacted in the future if the application progresses to the interview stage. (Template Attached). This communication will be accompanied by an “EEO Card,” which the applicant will be asked to fill out and return to the Department of Human Resources for recordkeeping purposes.  
2. Information Concerning Status of Recruitment :  Should an applicant contact the Department of Human Resources concerning the status of his or her application, the Human Resources Assistant will take the call, inform the applicant that the Department of Human Resources accepts applications until a selection has been made and inform the applicant as to whether the position has been closed at that time.   
3. Closing a Position :  For all Director level positions and above or key university hires prior to making a decision, a meeting with the President must be established.  Upon making a tentative selection for an open position including but not limited to a contract position, approval from both the division Senior Vice President/ Vice President /Dean of Law School and the Department of Human Resources must be provided on all terms of the offer, prior to any hiring manager extending a formal, verbal offer to the selected applicant.  Once approval is given, the division Senior Vice President/Vice President/Dean of Law School, 7 or his/her designee, upon receiving verbal acceptance of the offer of employment may extend a formal offer of employment on terms and conditions previously authorized. Confirmation of start date can be established once a favorable background check result has been received. The hiring manager must also communicate to the Department of Human Resources that the recruitment process has tentatively been closed.  The communication shall be contained within two forms, the Recommendation for Candidate Approval Form (“RACS”) and the Personnel Action Form (“PAF”). These are available from the Department of Human Resources, and on the University website. Once the Department of Human Resources receives all forms, an employment package will be generated for the selected candidate. 
4. New Employee Packet :  The package will consist first of a conditional letter of employment, which includes  Background Check Waiver Form, from the Assistant Vice President for Human Resources. The Department of Human Resources will then create an official letter of employment once a favorable background check has been concluded.  If the selected candidate is either a faculty member or non-aligned employee, the letter will be personalized and in the form of an offer of employment. It will include wage information, and two copies will be sent (the employee is requested to sign both and return one to the Department of Human Resources in the prepaid envelope addressed to the Department of Human Resources). If the new employee is within the Dining, Professional Support Staff, Public Safety or Facilities Unions, the letter will be a form letter, which will refer the new employee to the union agreement for wage and employment guidelines, and only one copy will be sent.   All letters will require the new employee to attend New Employee Orientation on an assigned date, and will require the new employee to report to the Department of Human Resources before the first day of employment with the following provided documents completed or ready for verification:  
   1.  Formal Employment Application  
   2. Copy of Resume 
   3. W4  
   4.  Direct Deposit Election Form (at the employee’s choice) 
   5. Background Check Waiver  
   6. Datatel Form  
   7. I-9 form and acceptable identification enabling commencement of work  
   8. Confidentiality Agreement (for management positions and above) 
   9. Conflict of Interest Disclosure Form Finally, the New Employee Packet will consist of a benefits summary, an agenda for new employee orientation and prepaid envelope addressed to Human Resources in which to complete and return enclosed forms and the signed letter of employment. 
5. Regret Letters :  When selections are made and employment secured for the following positions, all individuals that have been interviewed will be informed from either the hiring manager or the Department of Human Resources that the job search has ended and a selection has been made:  Senior Vice Presidents, Vice Presidents, Assistant and Associate Vice Presidents, Deans, Executive Directors, Directors, and Faculty.  The Department of Human Resources will contact the hiring manager to ascertain whether he or she prefers to contact the interviewees or whether he or she would prefer that the Department of Human Resources send out a regret letter to each of the interviewees. Other than those positions listed, it is not the policy of the Department of Human Resources to convey regrets when a position has closed.  

Revised September 2, 2009 ___

PDF of Extraordinary Leave of Absence Policy

�������� and �������� School of Law Extraordinary Leave of Absence Policy

Purpose:

�������� and �������� School of Law (collectively referred to as the “University”) have adopted this Extraordinary Leave of Absence Policy to provide employees with guidance and parameters when requesting an extraordinary leave of absence.

Policy:

Except for those express, paid or unpaid leaves provided for elsewhere in the University’s policy and procedures, any and all leaves of absence may only be afforded under extraordinary circumstances when, other appropriate policy authorized leaves are exhausted and in sole discretion of the University, as formally approved by the Senior Vice President or Vice President of the division and the Senior Vice President for Finance and Administration of the University. Terms of any such leave shall be entirely set out by the University.

A. Procedure

1. Any and all requests for leaves of absence under this provision must be made in writing, with specific statement of need for leave, as far in advance of the desired leave as possible. Application for leave must be submitted to the employee’s direct supervisor, except in such cases where the specific statement of need recites a personal, medical or other extraordinarily confidential basis, in which case the full application shall be submitted to the Department of Human Resources with notice to the direct supervisor that a request has been made for the duration stated on the application. All requests for extraordinary leave submitted to direct supervisors are to be forwarded to Human Resources as soon as possible.
2. Approval, denial or modified approval of the requested leave shall be provided in writing promptly by the University.

B. Reinstatement

1. Should the University reasonably determine that an employee’s return to work might jeopardize his/her health or safety or that of the University’s students or other employees, the University may require a written medical, psychological or other licensed professional’s certification, appropriate under the circumstances, attesting to the employee’s fitness to return to work, as a prerequisite to such return. The University may, upon reasonable evidence of such jeopardy, require examination and certification for return to work by a physician or other appropriate health services professional of its choosing.
2. Reinstatement can only be granted by the University. The terms of reinstatement will be communicated to the employee at or before the start of the extraordinary leave.
3. Accepting a position with another employer, while on extraordinary leave, except as may be expressly understood and committed to writing, as part of the reason for the leave and approved by the University in advance, will result in both forfeiture of the leave and all benefits derived therefrom or maintained during said leave as well as immediate termination of University employment.

September 23, 2009

PDF of Family Leave

�������� FAMILY LEAVE POLICY & PROCEDURE

The University has long recognized the importance of family issues as an integral component of a responsive human resource environment in which its employees will prosper. It has provided a number of benefits including leaves of absence for personal and family reasons. Additionally, both State and Federal government have determined to specifically legislate in this regard by affording unpaid leave to employees under certain specific circumstances. The result demands that University policies, State law and Federal law be properly recognized and promulgated in lawful, equitable and contemporary policy. The University therefore, certifies the following Family Leave Policy which incorporates, as appropriate (and shall be interpreted consistent with), the University’s other standing leave policies:

I. Available Leave

Under prescribed parameters as set out hereafter, an eligible employee may take a leave of absence from employment for up to twelve (12) weeks during a defined twelve (12) month period for any one of the following in I.A. through E. below; an eligible employee may take a leave of absence from employment for up to 26 weeks during a defined twelve (12) month period to care for a servicemember as indicated in I.F. below:

A. Birth and child care of a employee’s biological child during the child’s first year of life.

B. Adoption or foster care placement and care for the infant/child in his/her first year following adoption or foster care placement.

C. Serious illness or health-related, disabling condition of spouse, child(ren), or parent.

D. Serious illness or health-related, work disabling condition of the employee.

E. Qualifying exigency arising out of the fact that the spouse, child(ren), or parent of an employee is a servicemember who is on active duty, or notified of an impending call or order to active duty in the Armed Forces (including the Reserves and National Guard), in support of a contingency operation.

F. Serious illness or injury of a covered servicemember on active duty in the Armed Forces who is a spouse, child(ren), parent or next of kin of an employee.

An eligible employee may extend the twelve (12) week period to one qualifying thirteen (13) consecutive week period during alternate calendar years and/or may qualify for an additional thirteen (13) consecutive week leave in the same year as the up to twelve (12) week leave. (See provision  II.A.1. below)

An employee, in addition to the leaves described above, may take up to ten (10) hours of leave during a defined twelve (12) month period to attend bonafide school-related activities, for their biological, adopted or foster care child or otherwise legal ward, upon at least twenty-four (24) hours notice of the need for leave. This leave is unpaid but an employee’s accrued vacation leave may be used to supplement part or all of the leave on an hour for hour basis at the employee’s discretion.

II. Leave Limitations

A. Leave under provisions I. A., B., C., D. and E. above qualify for leave up to twelve (12) weeks alone or in combination with each other during each defined twelve (12) month period set out below and also qualify for the alternate year extension from twelve (12) to thirteen (13) weeks if the thirteen (13) weeks are consecutive. Leave under provision I. F. above qualifies for leave up to twenty-six (26) weeks alone or in combination with I.A., B., C. , D. and E. during each defined twelve (12) month period set out below.

1. All other qualifying conditions being met, a employee may be able to take both up to a twelve (12) week leave under this policy and governing law and a thirteen (13) consecutive week leave within the same year if the up to twelve (12) week leave is for any reason other than to care for parents-in-law and an employee otherwise qualifies for a thirteen (13) consecutive week leave to care for a parent-inlaw under provision I.C. above.

B. While the University may, at its complete discretion, or under other express, governing policies of employment, authorize leaves of absence either of greater duration or for other purposes, the foregoing represents the maximum amount of leave, either alone or in combination, under this policy and governing State and Federal law.

C. For leaves taken pursuant to provision I. A. or B. above, the maximum twelve (12) week period must commence prior to the child’s first year following birth (I. A.) or prior to the first anniversary date of an adoption or foster care placement (I. B.).

D. The twelve (12) week period amounts to sixty (60) work days that may be taken as set out in II.F. below.

E. The twenty-six (26) week period amounts to one hundred thirty (130) work days that may be taken as set out in II.F. below.

F. The twelve (12) week leave or twenty-six (26) week leave may be taken on a consecutive week, intermittent weeks or reduced-time basis as follows:

1. Intermittent leave consists of at least one (1) week intervals that are not necessarily consecutive, and within the twelve (12) month period. Intermittent leave may only be scheduled and taken with the consent of the University, when invoking leave under provisions I. A. or B. above.

2. Reduced-time leave consists of a work reporting schedule that allows a shortened work day or shortened work week. Reduced-time leave may only be scheduled and taken with the consent of University when invoking provisions I. A. or B. above. An employee on reduced-time leave may, at the discretion of the University, be transferred for the term of leave, to another position of equivalent pay and benefits that better accommodates the University. Leave under this provision shall be accounted for and charged on an hour for hour basis.

3. Requests for reduced-time leave or intermittent leave under provisions I. A. and/or B. above, shall be forwarded to the Department of Human Resources for a case by case review and determination following consultation with the department head or other appropriate supervisor of the applicant.

4. All leaves, for all reasons, are predicated upon the employee providing the University as much notice as possible. Absent extraordinary circumstances, at least fifteen (15) days advance notice of leave is required. Failure to provide such notice except where appropriately waived, may result in a delay in commencement of leave at the University’s discretion, if otherwise entitled, for the requisite fifteen (15) day period.

III. Leave Validation

Each leave, as set out in provision I. above, is subject to the prerequisite validation as follows:

A. Both provision I.A. and B. leaves must be validated, at the University’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.

B. Leave, under provision I.C. & I.F. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the University, the employee must validate, through reasonable means, the enabling family relationship. Nothing herein relieves an employee of the responsibility to provide certification(s) in accordance with this policy.

C. Leave, under provision I.D. above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing, with reasonable specificity, the debilitating illness or other work debilitating health related condition as well as its disabling onset, affect and anticipated duration.

D. Leave, under provision I.E. must be supported by a certification issued at such time and in such manner as the Secretary of Labor may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the University.

E. Leave under any and all enabling provisions set out above, must be requested and validated as set out herein for thirteen (13) consecutive weeks to enable the additional week leave in alternate years.

F. Under leave enabling provisions I.C. and D. above, when the University reasonably believes a submitted certification is suspect, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee’s submitted validation shall result in leave validation. An opinion dissenting from the employee’s submitted validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.

1. Referral for a third, binding health care professional’s opinion shall be by agreement of the employee-selected health care provider and the University-selected health care provider. Failing agreement, referral shall be by agreement of the employee and the University. Failing secondary agreement, referral shall be made by the University.

2. Both second and third health care provider’s opinions shall be arranged and paid for by the University.

3. Failure by a employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.

G. While an employee is on Family Leave, pursuant to provisions I.C., D. or F. above, the University may request and is then entitled to periodic formal updates or re-certifications as appropriate to the original certification parameters. The University-imposed requirement for update or recertification hereunder shall not be unreasonably applied, and the University will consider, in good faith, the necessity and frequency of the update or revalidation, unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.

H. Prior to an employee’s return to the University from leave provided pursuant to provision I.D. above, the University may request and receive health care provided certification that the employee on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. The University will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such position description.

I. All medical records provided in accordance with policy and consistent with law shall remain confidential with the University and within the University, shall remain disclosable only to the Office of Human Resources or those employees of the University with a need to know the certified rationale, including by way of illustration, the President, Chief Human Resources Officer, Senior Vice President for Finance & Administration and Senior Vice President and General Counsel or their express designee(s). The employee may choose to disclose the health condition diagnosis to his/her immediate supervisor or others, in which case the legal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the employee’s disclosure.

IV. Leave Prerequisites

A. Prerequisite to the Twelve (12) Week Family Leave and/or Twenty- Six (26) Week Family Leave

1. An employee must have worked for the University at least one (1) year (365 days) prior to commencement of leave. However, the time need not be consecutive nor need it be full-time.

2. An employee must have worked a minimum of one thousand two hundred fifty (1,250) hours in the year (12 consecutive months) immediately preceding the leave for any and all leaves under provision I., above.

3. The hours prerequisites set out above refer to actual hours worked at the University and do not refer to excused or unexcused absences.

B. Prerequisite to the Thirteen (13) Consecutive Week Leave

1. An employee must have been employed by the University for twelve (12) consecutive months in at least a thirty (30) hour per week position prior to the leave. Therefore, the employee requesting leave must have actually work or received authorized paid leave from work for one thousand five hundred sixty (1,560) hours as prerequisite for the leave.

2. The thirteen (13) week leave will then be available after the passing of at least another full year consisting of 1,560 hours of work as set out in provision B.1. immediately above.

V. Leave Year

The University will calculate available leave by the “rolling” method. This means that when requesting otherwise available leave under this policy, the University will calculate the amount of leave used within the immediately preceding twelve (12) months of employment and subtract that number from the total number of days equal to twelve (12) work weeks (60 days) or twenty-six (26) workweeks (130 days) or thirteen (13) consecutive work weeks in alternate years where a thirteen (13) consecutive week leave may be invoked.

VI. Leave Entitlements

A. Compensation: Family Leave is, of itself, an unpaid leave.

1. For leave under provisions I.A., B., C., D., E. and F. above, an employee will be afforded an option to charge accrued vacation leave for the absence.

2. Charged vacation, or sick leave banked accruals will be taken in hour for hour increments of time taken to time charged for FLSA non-exempt employees. For FLSA exempt employees, the charge will be rounded to the nearest half day. (For example, a professional staff employee who takes four (4) full days and one six (6) hour day leave in one week will be charged five full days accrued as thirty-five (35) hours of banked time) but a professional staff employee who takes four (4) full days and one four and one-half (4ó) hour day leave in one week will be charged four and one half days accrued as thirty-one and one-half (31ó) hours of banked time.

3. Elected or required utilization of paid vacation, or sick leave accruals does not extend family leave or otherwise modify those other leaves available to employees of the University.

B. Health Benefits: That health benefits coverage in effect and covering the employee immediately prior to leave shall be maintained throughout the period of family leave subject only to program participation and parameters alteration as appropriately negotiated and/or implemented, consistent with law.

C. Other Benefits: Other benefits available to employees on leave shall be governed by the provision applicable to the leave. If, for example, the employee is drawing paid sick leave while depleting Family Leave, the provisions of sick leave policy not inconsistent with this policy and law shall govern, while the provisions of unpaid leave policy that are not inconsistent with this policy and law shall govern an unpaid family leave.

D. Reinstatement: A employee ready and able to return to his/her position of employment immediately following exhaustion of family leave will be returned to his/her position or, at the University’s discretion, to an equivalent position with equivalent pay and benefits unless the employee would have been terminated in the absence of any leave (e.g., layoff, contractual non-reappointment, just cause independent of the leave or natural term expiration of a terminal or temporary position of employment).

VII. Definitions

A. Child: A child is the biological, adopted or formally placed, foster care child, step child or legal ward of the employee requesting leave and under eighteen (18) years of age or eighteen (18) years and over but certifiably incapable of self-care because of mental or physical impairment.

B. Parent: A parent is the biological or legally recognized parent of a child. For the thirteen (13) week leave set out above and pursuant to provision I.C. above, a parent shall include parents-in-law.

C. Spouse: A spouse is the University-recognized, spousal partner of the employee requesting leave, as defined by University policy and covered by University procured health insurance carrier applicable to employee. Where spouses are both employees of the University, leave under I.A. through I.F. above shall not exceed the maximum leave for one eligible employee. �������� and �������� School of Law Benefits Information Regarding Same-Sex Spouses & Domestic Partners is incorporated by reference hereto in all respects as it affects eligible employee and those receiving the care of eligible employees.

D. Serious illness or health related condition: This is defined as an illness, injury, physical or mental impairment or condition that involves a period of incapacity or treatment following in-patient care in a hospital, hospice, nursing home or residential medical care facility; and/or a period of incapacity requiring more than three (3) days’ absence from work and continuing treatment by a health care provider; and/or continuing out-patient treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated would likely result in incapacity of more than three (3) days; and/or continuing treatment by or under the supervision of a health care provider of a chronic or long-term condition or disability that is incurable; or an injury or illness incurred by a member of the Armed Forces, including a member of the National Guard or Reserves, in the line of duty on active duty that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.

E. Health Care Provider: A “health care provider” is defined as any doctor of medicine or osteopathy, podiatry, optometry, or psychiatry or any nurse practitioner, licensed physician’s assistant (authorized to render health care diagnoses and certification of the type and character sought by employee and presented to University as enabling family leave in accordance with this policy) or psychologist performing within the scope of their licensed practice as defined under law.

F. Next of Kin: A “next of kin” is the nearest blood relative of the employee.

G. Servicemember: A “covered servicemember” is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

1. Outpatient Status – the term “outpatient status”, with respect to a covered servicemember, is the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

VIII. Jurisdiction

This policy applies to all employees of the University and shall be administered consistent with other University policies, including collectively negotiated policies, and the law.

Last Revised April 2009

PDF of Health and Social Club Dues or Initiation Fees

�������� AND �������� SCHOOL OF LAW HEALTH OR SOCIAL CLUB DUES OR INITIATION FEES 

Purpose: 

To define the �������� and �������� School of Law (collectively referred to as the “University”) policy and procedure relating to payments for social club dues. 

Definition:

Health or social club dues or initiation fees refers to any payment of dues by the university for the membership of a person in a health or fitness club or a social or recreational club, whether or not such clubs are tax exempt. It does not include membership fees for an organization described in section 501(c)(3) or section 501(c)(6) unless such organization provides health, fitness, or recreational facilities available for the regular use of a person. Health club dues do not include provision by the organization of an on premises athletic facility described in section 132(j4), or provision by a school of an athletic facility available for general use by its students, faculty or employees. Dues include the entrance fee, periodic fees, and amounts paid for use of such facilities. 

Scope:

This policy applies to all trustees, directors, officers and all employees within the University. 

Policy:

The University does not generally allow payments for health or social club dues or initiation fees. Any exceptions to this policy for employees will be approved by the President following a decision that such exception benefits the University.  Any exceptions to this policy concerning the President will be approved by the Board of Trustees following a decision that such exception benefits the University. 

June 2009 

PDF of Hours of Work and Overtime

�������� and Roger Williams School of Law Hours of Work and Overtime Policy

Purpose:

To establish guidelines for hours worked in a normal work week and the compensation of overtime hours. 

Scope:

All employees (Note: those employees covered under a collective bargaining agreement, please refer to the appropriate contract); School of Law employees should refer to the School of Law schedule. 

Policy:

Regular Work Week 

The regular work week is generally thirty-five (35) hours, although some departments work on a forty (40) hours per week schedule*.  The work week  commences  at 12:01 AM on Saturday and ends at midnight on Friday. A pay period covers two (2) work weeks. �������� compensates all non-exempt staff members for actual hours worked in excess of 40 during the workweek at one and one half times their hourly rate. This is in compliance with federal and state law or in accordance with applicable collective bargaining agreements. Overtime should only be worked when approved by the manager. All hours up to 40 will be considered regular hours.

Overtime Hours and Compensation

Overtime hours and compensation are governed by the Federal Wage Hour Law, the Fair Labor Standards Act (FLSA). The Law requires the University to maintain accurate records of hours worked and to compensate all hours worked in excess of forty (40) per week at the rate of one and one-half (1 1/2) times the regular hourly rate.  There is no requirement for overtime compensation to be paid on a daily basis, such as after eight (8) hours in a day. 

Exemption

Certain positions are exempt from the provisions of the FLSA’s requirement to pay overtime compensation.

Lunch Period

The normal lunch period for most employees is generally one hour.  An employee may not waive the lunch period in order to shorten the work day. An adjusted lunch hour may occasionally be authorized by a manager on a case by case basis, but may not be authorized on a regular basis.

Supper Period

When an employee whose work period commenced before 12:00 Noon works beyond 7:00 PM, he/she is entitled to a supper period of not less than thirty (30) minutes, to be taken between 5:00 PM and 7:00 PM.

Emergency Conditions

All regular Full and Part-Time employees who are on the active payroll and scheduled to work will be paid their normal hours when the University officially is closed due to emergency conditions of short duration. Employees who are required to work during this period will be compensated at the rate of two (2) times their normal rate for a maximum of eight (8) hours.  Time worked in excess of eight (8) hours will be paid at the rate of time and one-half. When the University is closed due to emergency conditions and classes are canceled  generally  the  Library,  Dining  Commons  and  Computer  Center  will remain open. 

March 2007 

PDF of Housing and Residence Allowance

�������� AND �������� SCHOOL OF LAW HOUSING ALLOWANCE OR RESIDENCE FOR PERSONAL USE 

Purpose:

To define the �������� and �������� School of Law (collectively referred to as the “University”) policy and procedure for housing and residence allowance.

Definition: 

Housing allowance or residence for personal use refers to any payment for, or provision of, housing by the organization for personal use of a listed person. 

Scope: 

This policy applies to all trustees, directors, officers and all employees within the University.  

Policy:

Generally, the University does not provide long-term housing allowances or residences for personal use.  There is an exception for short-term stays for relocation or interviews and for Coordinator of Resident Education (CORE) positions since they are required to live in a dormitory.  Any other exceptions to this policy for employees will be approved by the President following a decision that such exception benefits the University.  Any exceptions for the President will be approved by the Board of Trustees following a decision that such exception benefits the University. 

 Policy:  June 2009 

PDF of Indemnification Policy

�������� Indemnification Policy 

�������� (��������) will defend, indemnify and hold harmless its Trustees, Directors, Officers, faculty and staff employees (Party(ies)) from and against any and all expenses, judgments, costs or other liabilities, including attorney’s fees and disbursements, arising out of any and all action(s) or omission(s) while performing services in good faith and within the scope of their responsibility(ies) and authority(ies) on behalf of ��������. This covenant shall be maintained to the fullest extent practicable, consistent with law, so long as the expense(s) and/or liability(ies) attributed to a Party are not the result of [1] intentional and malicious conduct that is tortious, [2] gross negligence, or [3] wanton, willful violation and/or wanton, willful disregard for �������� policy(ies) and/or procedure(s) and/or the law.  Nor shall it extend to action(s) or omission(s) by an otherwise covered party where and when rendering professional services within the expertise for which employed or appointed but not within the regular or preauthorized scope of employment or appointment.  Nor shall it extend, to the extent that action(s) or omission(s) of any party, otherwise covered, is/are indemnifiable under insurance(s) applicable to the party.  Nor shall it extend to defense and/or indemnification of a Party in an internal �������� proceeding.  Neither shall defense and indemnification extend to any claim or cause of action in which �������� is an adverse party. Defense and Indemnification hereunder are conditional upon defendant’s full and unequivocal priority assistance, disclosure, and cooperation on a continuing basis with ��������’s Office of General Counsel from inception of defense through finality and closure of that matter for which defended and/or indemnified.  This cooperation shall include but shall not be limited to the following processes: 

1. Service of Process of Legal action against a potentially covered party must be delivered to the Office of General Counsel within five (5) working days of receipt of service of such legal action by the party, along with a written request for defense and indemnification. 
2. �������� shall be formally given the absolute right to take charge of and fully control the proceeding(s) for which defense and/or indemnification is afforded, including the right to appoint counsel and direct and/or settle the proceeding(s) in the discretion of �������� or its assignees, as it deems appropriate following advance notice to the indemnified party, except that a party may decline settlement as it pertains to that party in his/her individual capacity in which case the right to indemnification, including accrued and pending costs and liabilities associated therewith, shall cease. 
3. The Party(ies) otherwise covered hereunder and seeking defense and indemnification shall provide such covenants and/or execute such representation agreement and additionally any and all derivative release(s) as required by �������� and relating and limited to the acts or omissions of any and all persons or other legal entities that are directly or collaterally related to the causes of action enabling indemnification hereunder. This policy and its applicable parameters also applies to students of �������� while engaged both in approved academic programs and in �������� directed or formally authorized services pursuant to and within the scope of defined activities deemed by �������� to be in the best interests of ��������.

This policy and its applicable parameters also applies to volunteers who, with prior written authorization of the President and pursuant to and within the scope of such authorized direction, are providing services, in good faith, for and in the best interests of ��������. 

PDF of Internship Policy

�������� Internship Policy for Non-�������� Students

Purpose:

This policy is intended to establish the guidelines by which ��������, including �������� School of Law ("University"}, permit non-University students to complete Internships at the University. This policy does not apply to internships performed by University students.

Definitions:

Intern:

a student who is currently enrolled at a high school, college, or university, other than the University, and performing an Internship at the University.

Internship:

an unpaid educational or training program of a fixed duration designed to provide Interns with experience in the furtherance of their education and academically oriented for the benefit of Interns.

If an Intern will be paid (i.e., receive any compensation such as cash, stipends, or gift certificates/cards}, the Intern will be considered an employee and will not be governed by this Internship Policy. Please contact the Department of Human Resources for further information.

Guidelines:

The head of each department or his/her designee is responsible for managing Interns, identifying assignments for Interns, and developing lines of accountability and supervision for Interns. Interns must be at least sixteen (16} years of age. Interns must abide by all University policies and procedures and all federal, state, and local laws and regulations that govern their actions. Additionally, Interns must comply with all directives and instructions as communicated by the applicable departmenthead or his/her designee. The University may dismiss Interns at any time in its sole discretion for any reason or no reason.

Interns will not be considered employees or independent contractors of the University. Interns will receive no compensation, monetary or otherwise, from the University, nor will they be reimbursed by the University for any expenses incurred or have any_expenses paid for by the University. Interns are not eligible to receive University fringe benefits, including but not limited to retirement benefits, health, dental, or life insurance, or workers' compensation. The University makes no promise of employment to Intern at the conclusion of the Internship.

Under no circumstances may Interns perform the following activities at the University: (i} operate heavy equipment, (ii) operate University owned, rented, or leased motor vehicles (as governed by the University's Motor Vehicle Use Policy), (iii) operate University-owned watercraft; or (iv) handle hazardous substances.

Procedures:

All Internships must be approved in writing by the respective executive vice president, senior vice president, or vice president of the applicable University department or area. Once this approval has been obtained, the person responsible for supervising the Intern should then contact the Office of General Counsel to discuss any documents that might need to be executed prior to the commencement of the internship. Such documents may include a waiver of liability agreement, parental consent form (if the Intern is under 18 years of age), confidentiality agreement, etc. No Internship may commence without the approval of the applicable executive vice president, senior vice president, or vice president and Office of General Counsel.

Adopted 9/1/2010 by the President's Cabinet