Each employee is required to report to his/her supervisor any unsafe conditions observed.  Typical examples of unsafe conditions are, but not limited to, the following:

wet or slippery floors

equipment left in an unsafe manner

cigarettes, cigars, or ashes left smoldering in waste paper baskets

defective electric wiring, lighting or outlets

accumulation of oily rags in storage spaces

smoking in unauthorized areas

Reprisals will not be taken against an employee for reporting a safety violation or hazardous working condition.

Each employee is required to become familiar with the fire prevention procedure within his/her department.  In the case of fire, each employee should try to avoid panicking and implement the following:

Sound the nearby fire alarm.

Close windows, doors, and other sources of draft.

Use extinguishers and hoses as necessary.

Check for the safety of others.

Leave the area and find another telephone, preferably in another building to report the fire.  Call the switchboard operator and inform the individual of the exact location and extent of the fire.   

Other fire details must be developed and made available in the fire procedure plans for individual departments and areas.

7.2   Injury in the Work Place

An employee sustaining an injury on the job is required to immediately report the injury to his/her supervisor.  In the event the injury is not serious enough to warrant emergency room treatment, the employee may be referred to the health nurse in the Student Health Center.  If the injury is serious enough to warrant emergency room treatment, the supervisor will aid the employee in getting medical attention at one of the local emergency facilities or from the employee's family doctor.  In either case, the employee will be billed for medical service provided.  In such cases, each employee should advise the provider of medical care that claims due to job injuries should be filed with the group insurance carrier and not with workmen' compensation.  All claims for charges not paid for by the medical insurance may be filed by the employee with the State Board of Adjustment.

Each supervisor is required to provide a written report to the Office of Human Resources within 48 hours of a work-related illness of injury requiring medical care (injuries/illnesses requiring only first aid treatment are not required to be reported).  For reporting work-related injuries and illnesses, the supervisor must use Occupational Safety and Health Act (OSHA) Form 101, which may be obtained from the Office of Human Resources.  The Office of Human Resources will maintain a basic log and summary of work-related injuries and illnesses using OSHA Form 200. 

7.3   Dress Code

As fashion and mode of dress change, it is natural that employees may change their style of dress to remain fashionable according to the custom of the times.  The University asks that employees do so in moderation and in good taste.  Radical departure from conventional dress and grooming is not permitted.  Dress that results in distraction of other employees or disruption of the work of the department, as determine by the department head, will not be permitted.  The University  will review and revise the dress code for its employees as the University deems appropriate.

7.4   Telephone Calls

Employees will make long distance calls only when required to do so in the conduct of official University business and then only with proper authorization.

 When answering the telephone, an employee represents Alabama A&M University.  The University deems it necessary that callers be greeted in a manner that is pleasant, courteous, patient and helpful.

7.5   Smoking

All buildings on the campus of Alabama A&M University are designated as non-smoking areas in compliance with Huntsville's City Ordnance and health considerations for employees who do not smoke.

7.6    Bulletin Boards

Each department shall have a bulletin board for posting of information to keep employees up to date on University policies and notices that are related to their work.  Supervisors will ensure that employees are made aware of the location of the departmental bulletin board.  Only those notices approved by the department head may be posted on the departmental bulletin board.  Removal of notices will be made only by the supervisor or his/her designated representative.

It is an employee's responsibility to make a daily check of the bulletin board for notices of importance concerning the University and policy matters which may affect his/her work and well-being.

The official bulletin board for posting of job vacancies is located at the entrance to the Office of Human Resources, Room 113, Patton Hall.  Employees interested in obtaining information on job vacancies should routinely check this bulletin board.

7.7   Protecting Confidential Information

Employees of the University occasionally must work with information which is confidential in nature.  The University expects that employees will always respect the confidentiality of information by not discussing it with anyone except on a strict need-to-know basis.  Should an employee have doubts as to whether the information is confidential, he/she should consult with his/her supervisor.  All information concerning employee files shall be considered confidential for these purposes. 

7.8   Gifts

An employee may not accept or solicit gifts or compensation from anyone under any circumstances for work performed while he/she is receiving pay from the University for services provided.

7.9   Personal and Interoffice Visitation and Telephone Use

Employees should refrain from receiving personal visitors or telephone calls or making such calls while on duty.  Likewise, employees are asked not to visit their friends in other departments or place telephone calls for personal reasons while they are on duty.

7.10   Political Activity

The University's position concerning employee engagement in political activities is as follows.

A.University employees should be free to engage in political activities as long as they are able to do so and, simultaneously, fulfill their obligations as employees of the University.  Many types of political activity, such as holding a part-time office in a political position, seeking election to any office under circumstances that do not require extensive campaigning, or serving by appointment or election to a part-time political office, are consistent with effective service as an employee of the University.  Other types of political activity, such as intensive campaigning for elective office or serving a limited term in a full-time position, may require that the employee seek a leave of absence.
B.University employees may not seek or hold public office and remain in the employ of the University if such activities would or could result in a conflict of interest or interfere with the proper performance of an employee's duties at the University.
C.University employees may not publicly support any political candidate, entity, campaign, program, or action unless the individual clearly indicates that he/she speaks from a personal standpoint and not for the University.  Additionally, no employee of the University is authorized to lend the name of his/her position or department to the political campaign of any candidate for public office.
D.University employees may not use any property of the institution, such as transportation, stationary, telephone, in support of a political candidate.

E.Any political activity on the part of University employees must comply with all state and federal laws, and all other policies of Alabama A&M University.  Any violation of these policies may be grounds for severe disciplinary action.

7.11  Conflict of Interest

No employee shall:

A.Engage directly or indirectly in any business transactions or private arrangements for profit that accrue from or are based upon his or her position or authority with the University.
B.Participate in the negotiation of or decision to award contracts, settle any claims or charges in any contracts, make loans, or establish rates, guarantees or other things of value with or for any entity in which he or she has a financial or personal interest.
C.For his or her personal gain or the gain of others, use or disclose any information obtained as a result of employment which is not generally available to the public.
D.Use any University equipment, supplies or properties for purposes other than those designated and authorized by University policies.

7.12   Use of the University's Name

The name of the University, its official logo and seal, and/or its official letterhead are copyrighted and shall not be used by any employee for any purpose, including, without limitation, in any advertising or commercial publicity for personal profit, or in such a manner to imply University approval.  Employees who participate in interview and surveys sponsored by outside agencies shall make clear that they speak as private individuals and not as employees of the University.

An exception to this policy exists in the case of an employee who publishes an article or paper or engages in some other activity which provides credit to both the University and his or her own standing in the academic community.

8.2   Definitions

8.2.1   Verbal Warning. 

A verbal warning is administered by an employee's immediate supervisor whenever an employee has engaged in relatively minor forms of misconduct for which such warnings are designated or are appropriate.  Verbal warnings are administered in individual conference between the supervisor and the employee during which the supervisor undertakes to explain fully the nature of the violation and the means by which the employee can ensure that the violation will not be repeated.  Evidence that the verbal warning was delivered is documented and signed by both parties, but documentation is only retained by the immediate supervisor and is not made a part of the employee's permanent personnel file.

8.2.2   Reprimand. 

An employee who persists in committing minor offenses for which a verbal warning has been reviously issued or who commits more substantial forms of misconduct will be subject to a reprimand.  A reprimand is a written statement that contains a specific description of the conduct for which the employee is being disciplined.  Reprimands may only be initiated by the employee's immediate supervisor, but must also bear the concurring signatures of each successive supervisor up to and including the divisional vice president.  When an employee receives a reprimand, he or she must sign it to indicate that it has been properly received and noted.  One copy of the reprimand must be given to the employee, and another copy must be placed in the employee's permanent personnel file.

If an employee receives a reprimand for each of two different kinds of misconduct within a 12 month period, the employee will automatically be placed on a 10 day suspension without pay.  If an employee receives a reprimand for each of three different kinds of misconduct within a 12 month period, the employee will be terminated.  Employees who receive a single reprimand may not use the action to resort to the grievance procedure.  However, regular employees who receive successive reprimands that result in their being placed on a 10 day suspension or being terminated may use these actions to file a grievance or appeal the action following the procedures outlined in Section 8.5.

8.2.3   Ten-Day Suspension. 

A 10 day suspension with or without pay may be imposed on an employee for misconduct  for which a verbal warning and/or reprimand has been issued, or for misconduct that is of a more serious nature.  A 10 day suspension is initiated in writing to the employee and must contain specific statements relating to the misconduct or inadequate performance for which the employee is being suspended.  It must also indicate the effective date on which the suspension begins and the effective date on which the employee is to return to active service.  The time covered by the suspension must cover 10 working days.  A Personnel Action Form indicating the dates of suspension of the employee along with the statement of suspension will be forwarded by supervisors to the Office of Human Resources for initiation of the suspension and placement of the statement in the employee's permanent personnel file.

Employees subject to such suspension should refer to Section 8.6 of this Handbook for more specific information relating to their rights under a pending suspension action.  A permanent employee may appeal the action by using the University's grievance procedure as explained in Section 8.6.

8.2.4   Suspension With Pay. 

An employee who appears to have engaged in major misconduct for which as described in Section 8.4 may be placed on suspension with or without pay pending a further inquiry into the matter.  Only the President has the authority to suspend an employee,  and when such suspension is initiated, it must be in writing with a copy given to the employee.  An employee who has been suspended with pay is not permitted to report for work until instructed to do so in writing.

Within  20 working days of the suspension, the President must notify the employee in writing concerning the results of the inquiry.  If the inquiry reveals that the original charges were not valid, the employee will be reinstated to active service.  On the contrary, if the inquiry reveals that the original charges against the employee were valid, the employee will be notified that his or her employment has been terminated effective the date of notification.

8.3   DISCIPLINARY GUIDELINES TABLE (SEE APPENDIX M)

This table is designed to serve as a guide and does not include all forms of employee misconduct which may occur (it is illustrative, not exclusive) nor does it bind or limit the action the University may take in a given circumstance, notwithstanding the guideline stated in the table.

8.4     Termination for Disciplinary Reasons

Termination of an employee for disciplinary reasons will occur as a result of one of the following actions:

1)The employee has engaged in major misconduct involving, but not limited to, those forms of misconduct which are listed in Appendix M, and which call for termination either for the initial offense or for successive offenses.

2)The employee has failed to meet satisfactorily the terms of a disciplinary probation.

3)The employee has within a 12-month period either received three reprimands or been twice placed on disciplinary probation.

A recommendation to terminate an employee for disciplinary reasons shall be initiated by the immediate supervisor and concurred with by all successive supervisors up to and including the divisional vice president before being sent to the President.  Only the President has authority to actually terminate an employee, and such notice must be in writing with a copy of the notice provided to the employee.  A termination of employment for disciplinary reasons may take effect on the date of notification when in the  judgment of the President the seriousness of the offense is such that keeping the employee on the job would be detrimental to the University or to the employee. However, if the President does not believe that immediate termination is necessary to protect the interests of the University or the employee, he/she will give a minimum of two weeks advance notice of termination rather than immediate notice of termination. 

Regular employees who are terminated for disciplinary reasons may appeal their termination in accordance with the University's grievance procedure.  If an employee resigns after being informed that he or she will be terminated for disciplinary reasons, it will still be reflected in the employee's personnel record as a termination for disciplinary reasons.  If an employee elects to resign prior to being informed that he or she will be terminated for disciplinary reasons, his/her personnel record will reflect that he/she resigned employment.

8.5   Termination for Cause. 

The divisional vice president must initiate all actions involving termination of staff for cause.  The following criteria and procedures shall be followed for such actions:

1) Termination for cause  shall be related directly and substantially to the fitness of the employee to perform the duties and responsibilities that are stated in the job description.   Cause includes, but is not limited to, moral turpitude, neglect of duty, incompetence, inability to perform a job properly, commission of a felony or gross insubordination.

2)Prior to  termination for cause, the employee's vice president shall discuss the cause for potential  termination with the employee  in an effort to resolve the matter informally through a mutual settlement.

3)If the matter is not resolved, the divisional vice president shall provide the employee with a written notification of the decision to  terminate for cause and the effective date of the action.  The notice shall set forth with specificity the reasons for which the  termination for cause was initiated.  The notice shall also set forth the time and place of a hearing by a Hearing Officer.

4)Notwithstanding the right to a hearing prior to the effective date of  termination for cause, an employee may be summarily relieved of his or her assignment with pay pending a final decision by the President, if the divisional vice president determines that the continued presence of the employee at the

University is a threat to the health, safety or welfare of other employees and students.

5)The Hearing Officer shall be elected from an alphabetical list of names of senior University officials or other persons familiar with University hiring procedures.  The list is to be compiled by the President at the beginning of the academic year.  For each instance involving selection of a Hearing Officer, the President shall submit the next three names on the alphabetical list.  The divisional vice president shall strike one name from the list, and the employee who is being charged will strike a second name from the list.  The name that remains shall serve as Hearing Officer.

6)The hearing before the Hearing Officer shall be conducted according to the following procedures:

a)The Hearing Officer may hold pre-hearing conferences with the parties and/or their representatives to simplify the issues, determine the facts, provide for the exchange of witness lists and documentary or other evidence, and achieve other objectives as will make the hearing fair, effective and expeditious.

b)A notice of hearing, setting forth the time and place of the hearing, specific charges against the employee and incorporating the written statement of reasons required under subsection 3) above, shall be served on the employee at least seven days prior to the hearing.  The notice will be personally hand-delivered to the employee or sent by certified mail to the last address of the employee that is listed in the records of the Office of Human Resources.  If an employee wishes to waive the right to a hearing, he or she must sign a Waiver of Hearing Form at least two working days prior to the scheduled date of the hearing.

c)If the employee does not waive the right to a hearing, the hearing will be conducted in a private session.  Public statements and publicity about the case by either the employee or the University, except for simple announcements concerning the time of the hearing and similar matters, shall be avoided so far as possible until all proceedings have been completed.

d)The Hearing Office shall grant adjournments to enable either party to investigate evidence for which a valid claim of surprise is made.

 e)The employee shall be afforded an opportunity to obtain necessary witnesses and documentary evidence.  The University shall cooperate with the Hearing Office and the employee in securing witnesses and making available documentary and other evidence.

f)The employee and the University shall have the right to confront and cross-examine witnesses.  When witnesses cannot or will not appear at the hearing, but the Hearing Officer determines that the interest of fairness requires admission of their statements, the Hearing Officer shall identify the witnesses, disclose their statements and, if possible, provide for interrogatories.

g)The Hearing Officer shall not be bound by strict rules of legal evidence and may admit any evidence which is of value in determining the issues involved.  Every possible effort will be made to obtain the most reliable evidence available.  At the discretion of the Hearing Officer, the parties may be entitled, upon request, to submit post-hearing briefs.

h)The decision of the Hearing Officer shall be rendered promptly, and will be rendered within 30 days after completion of the hearing or the date for submission of post-hearing briefs, whichever is later.  The decision of the Hearing Officer shall be in writing, shall be based solely on the hearing record, and shall include findings of fact and recommendations, if any, to the divisional vice president and the President.  The Hearing Officer will provide a copy of the decision to the employee.   

7)Within 20 working days after receiving the decision of the Hearing Officer,  a divisional vice president, other than the one involved in the initial decision to terminate, to be appointed by the President, shall notify the employee in writing of the action that he or she proposes to take with regard to  the termination for cause.  If the action proposed involves a rejection or modification of the decision of the Hearing Officer, the divisional vice president shall explain the reason for the rejection or modification in the notice to the employee.

8)The employee and the divisional vice president originally involved in the employment decision each shall have the right to submit a written statement of appeal to the President.  If the employee so requests, the President (or his/her designee), at his/her discretion, may allow the employee  to make an oral presentation.  If such a request is granted, the President shall afford the opportunity to make an oral presentation to the  President or his/her designated representative.

9)Unless the President directs otherwise, the fact that the employee has appealed shall not prevent the divisional vice president from initiating the decision previously rendered by the appointed divisional vice president.

10)During the appellate process, the President (or his/her designee) shall be limited to the record made before the Hearing Officer, the documents submitted to him/her pursuant to subsections 8 and 9 above, and any oral presentations that are made.  The President (or his/her designee) shall not consider the appeal unless the action proposed by the divisional vice president does not comply with University policy and/or is not supported by the record made before the Hearing Officer.  If the President grants the appeal, he/she shall provide the employee with such relief as may be necessary and appropriate in light of any action that may have been taken by the divisional vice president in the interim.

Employees who have been suspended without pay or demoted may also utilize the hearing and appeal process set forth in this Section 8.5.

Nothing contained herein shall limit the right of the University to terminate staff employees without cause.  Such terminations must ultimately be approved by the President.  Termination without cause shall not affect the employee's right to recover unemployment compensation.

8.6    Grievance Procedure

A grievance is an allegation by an employee that  the employee's employment rights and entitlements have been adversely affected due to a violation, misapplication or misinterpretation of the University's policies, regulations and procedures.

A grievance may be filed by an individual employee or any number of employees who believe that they have been adversely affected by the same action or actions and, it may be directed against the action of one or more administrators.

Except as otherwise stated in this paragraph, all grievances shall be processed in accordance with the procedure set forth in Subsection 8.6.1.  If the grievance is concerned with a matter that is subject to a separate appeal procedure that is specifically referenced in other sections of this Handbook, the employee must follow the procedure set forth in that section.

8.6.1  Grievance Procedure. 

Grievances shall be filed and processed in accordance with the following procedure:

a.  A grievance must be filed in writing (Using the format at Appendix N or O) within the later of 21 days after the event giving rise to the grievance or within 21 days after the employee(s) filing the grievance knew or reasonably should have known of the event giving rise to the grievance.  The written grievance shall indicate the action being grieved, the rule, regulation, practice or procedure allegedly violated, and the remedy being sought.  Initially, the grievance must be filed with the director/supervisor of the unit, unless the director/supervisor of the unit is filing the grievance, in which case the grievance must be filed with the divisional vice president.

b.  The director/supervisor of the unit shall respond to the grievance in writing within  20 working days of receiving the grievance.

c.If the director/supervisor of the unit fails to respond within the required period, or if the response is unacceptable to the employee(s), the grievance may be appealed to the Director of Human Resources. This appeal must be made within 21 days of receipt of the response from the director/supervisor of the unit or within 21 days of when that response was due, whichever occurs earlier.

d.  If the  Director of Human Resources fails to respond within the required period, or if the response is unacceptable to the employee(s), the grievance may be appealed to the divisional vice president.  This appeal must be made within 21 days of receipt of the response from the  Director of Human Resources or within 21 days of when that response was due, whichever occurs earlier.

e.  The divisional vice president shall respond to the grievance in writing within   20 working days of receiving the grievance.

f.  If the divisional vice president fails to respond within the required period or if the response is unacceptable to the employee(s), an appeal may be filed with the President.

g.  The President or his/her designee shall respond to the grievance in writing within  20 working days of receiving the grievance.

8.7   Affirmative Action Policy

It is the policy of Alabama Agricultural and Mechanical University to afford equal employment opportunity to all qualified persons regardless of race, religion, national origin, age, sex, veteran status, physical or mental disability, or other non-related characteristics.  The principle or equal employment opportunity is a vital element of the employment process and a hallmark of good management.  In keeping with the intent of this principle, Alabama A&M University will adhere strictly to the following personnel practices:

a.Recruitment, hiring, training, and promotion of individuals in all job classifications will be without regard to race, color, religion, sex, national origin, age, handicap, veteran status, or any other non-related characteristic.

b.Promotional decisions will be made in accordance with equal employment opportunity principles through establishment of only valid, job-related requirements for promotional opportunities.

c.Employment decisions will be made in such a manner as to further the principles of equal employment opportunity.

d.All other personnel actions, such as compensation, benefits, transfers, training, terminations, and education will be administered in a non-discriminatory manner.

e.Periodically, and at least annually, analyses of all personnel actions will be conducted to ensure equal employment opportunity policies are implemented and the University is progressing toward attainment of its affirmative action goals and objectives.

8.7.1   Affirmative Action Officer. 

The overall responsibility for the University's Affirmative Action Program rests with the President.  However, the Director of Human Resources has been designated as the Affirmative Action Officer.  The Director of Human Resources is responsible for monitoring affirmative action efforts on behalf of the President, providing equal opportunity training, and conducting investigations into affirmative action complaints.

8.7.2   Affirmative Action Complaint Procedures. 

An employee or individual who believes she or he has experienced a violation of the affirmative action policy shall immediately report that fact to the Director of Human Resources.  The initial report may be oral, but a formal investigation of the matter cannot begin until the complaint is submitted in written form and signed by the complainant.  If the charges are formally filed against any officer of the University at or above the level of divisional vice president, the Director of Human Resources shall report that fact and the results of a preliminary investigation to the President within 10 days of receipt of the complaint.

8.7.3   Investigating Affirmative Action Complaints. 

Prior to initiating an investigation, the Director of Human Resources will notify the accused person(s) of the alleged violation and of the impending investigation.  The investigation will be non-adversarial, and therefore, attorneys for either side will not be permitted to intercede in the investigation.  The Director of Human Resources will interview and obtain relevant testimony from any and all persons who may have knowledge of the incident.  On completion of the investigation, the Director of Human Resources will compile his/her findings, formulate recommendations and forward the report to the President.  The President may approve or disapprove the Director's recommendations.  Should either party disagree with any sanction imposed by the President, that party may utilize the grievance or appeal procedure depending upon the sanction imposed, but only if the party is an employee of the University.

8.8   Sexual Harassment Policy.

The University strives to provide a working and educational environment for all employees and students that is free from sexual harassment.  Sexual harassment in any form is unacceptable behavior and will not be tolerated.  It is a form of misconduct that undermines the institutional mission of the University.  Sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature when:  (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational experience; (2) submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individual; or, (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, participation in extracurricular activities, or creating an intimidating, hostile, or offensive working or learning environment.

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

- Seeking sexual favors or relationships in return for the promise of a good grade or other academic opportunity;

-Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship;

-Intentional and abusive conduct or utterance that implies hostility toward others because of their sex and that unreasonably interferes with the work of a staff member, or the academic performance of a student; or

-Intentional and undesired physical contact that adversely affects a person's ability to carry out his or her academic or employment responsibilities.

It shall be the responsibility of managers, supervisors, deans, and department heads to ensure that employees under their direction or supervision are informed of this policy.  Student Affairs administrators are responsible for providing this information to the student body. 

8.8.1   Reporting Incidents of Sexual Harassment. 

An individual who experiences sexual harassment shall immediately report that fact to his/her immediate supervisor, or if the immediate supervisor is the subject of the complaint, the report will be made to the next level supervisor.  Supervisors are responsible for notifying the Director of Human Resources, who serves as the University's Affirmative Action Officer, of the filing of a sexual harassment complaint by an employee.  The initial complaint may be oral, but a formal investigation of the matter cannot begin until the complaint is submitted in written form and signed by the complainant.  The Complaint/Grievance Form at Appendix O is used for this purpose.  If charges of sexual harassment are formally filed against any officer of the University at or above the level of divisional vice president, the Affirmative Action Officer shall report that fact along with the results of a preliminary investigation to the President.

8.8.2   Investigating Reported Incidents of Sexual Harassment. 

Prior to initiating an investigation, supervisors will notify the accused person(s) of the sexual harassment charge and of the impending investigation.  The supervisor will appoint a committee of three disinterested members to conduct the investigation.  The investigation will be non-adversarial and, therefore, attorneys for either party will not be permitted to intercede during the investigation.     

The committee will interview and obtain relevant testimony from any and all persons who may have knowledge of the matter.  On completion of the investigation, the committee will find one of two basic options: 1) no violation of sexual harassment policy or 2) suspected or probable cause violation of the policy.  The committee will report its findings in a formal report to the appointing authority. The appointing supervisor will review the findings of the committee and, and based on those findings, implement sanctions or take no further action against the accused employee. A copy of the supervisor's committee report and actions taken must be submitted through the Director of Human Resources to the President.  The President may approve or disapprove of the supervisor's actions.  Presidential disapproval will be based on the lack of documentation in the committee's investigation and findings to support sanctions implemented by the supervisor. Accordingly, the President may direct the Director of Human Resources to conduct further investigation into the matter, or he/she may impose or delete sanctions based on a review of the committee's report of investigation and findings.

8.9     Drug-Free and Alcohol-Free Work Place Policy

Alabama A&M University is committed to providing employees a drug-free and alcohol-free work place.  The negative and mental effects of the use of alcohol and other drugs are well-documented.  Use of these drugs may cause blackouts, poisoning, and overdose; physical and psychological dependence; damage to vital organs such as the brain, heart, and liver; inability to learn and remember information; and psychological problems including depression, psychosis, and severe anxiety.  The University prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by any employee on its property or as part of any of its activities.  Employees who violate this policy are subject to the full range of criminal penalties including fines and imprisonment.  In order to comply with federal law, the University requires that an employee notify a supervisor in writing of any criminal drug statute conviction no later than five (5) days after such conviction.  The University must notify any federal contracting agency within 10 days of having received notice that an employee engaged in the performance of such contract has had a criminal drug statute conviction for a violation occurring in the work place.  The University will impose sanction on, or require satisfactory participation in a drug/alcohol abuse assistance or rehabilitation program by any employee who is so convicted.  Violations of these rules by an employee will be reason for evaluation/treatment for substance use disorder or for disciplinary action.  This policy applies to all employees.  New employees will be briefed on and acknowledge receipt of this policy during New Employee Orientation.

8.10    HIV Policy Statement

The University has adopted this policy in response to the epidemic of infection with Human Immunodeficiency Virus (HIV), the agent that causes Acquired Immunodeficiency Syndrome (AIDS).  The goals of the policy are:

A.To provide education, information, and counseling concerning the causes, effects, transmissibility, and treatment of HIV;

B.To safeguard the personal rights of individuals with HIV;

C.To promote a safe environment for all members of the University community, and;

D.To comply with the requirements of applicable federal and state laws relating to HIV.

8.10.1  Safeguarding the Personal Rights of Individuals with HIV. 

As a matter of University policy, information about the existence of HIV is medical information, not administrative data.  In recognition of the serious potential for discrimination against and mistreatment of persons with HIV, the University will handle information concerning any aspect of HIV in an employee with care and sensitivity to the privacy concerns involved.

8.10.2   Records In General. 

The University will not include information about HIV in any routine personnel record.  Only when administrative action specifically related to HIV-positive status is necessary will such information be recorded.  In those circumstances, such information shall be maintained in a separate administrative file and accorded confidentiality as a medical record.

8.10.3  Need-To-Know. 

There is seldom an administrative need-to-know about an employee with HIV.  An HIV infected employee shall not be required to disclose such information routinely to supervisors or superiors.

8.10.4  Informing Other Employees. 

The University will not advise employee coworkers of the existence of HIV in any individual.

8.10.5  Secondary Lists and Records. 

The University will not keep lists, logs, or other records identifying individuals known to have HIV.

8.10.6  Reasonable Accommodation. 

The University will provide reasonable accommodation to any employee with HIV in a manner consistent with accommodations provided for employees with other disabling medical problems, provided the accommodations do not cause an undue financial burden to the University.

8.10.7  Freedom From Discriminatory Treatment. 

The University recognizes that as result of the fear, anger, and anxiety some people feel in reaction to AIDS, some employees who are either known to have or suspected of having HIV may be subjected to emotional, verbal or physical abuse by other employees.  The University will provide training, education, and counselling to employees engaging in such behavior as may be necessary and appropriate under the circumstances.  The University will also take such administrative and disciplinary action as may be appropriate under policy.

8.11    Garnishment of Employee Wages

When employment is terminated, the employee forfeits eligibility for salary increases.

9.2   Retirement

Under present Alabama law, there is no mandatory retirement age for any employees.  However, an employee is eligible for retirement when he/she reaches the age of sixty and has at least ten years of service in the Alabama Teachers' Retirement System, or has 25 years of service regardless of age.  Employees are asked to contact the Office of Human Resources at least 45 days prior to the desired retirement date so that necessary paperwork can be completed and submitted to The Alabama Teachers' Retirement Systems.  The Retirement System must receive the completed application at least 30 days prior to the month retirement is to become effective.

9.3   Termination Without Cause

Staff employees are employees at will and may be terminated without cause by the University upon three weeks notice.  Such terminations must ultimately be approved by the President.  Termination without cause shall not affect the employee's right to recover unemployment compensation.

9.4  Exit Interviews and Clearance Procedures

Employees departing the University, either voluntarily or involuntarily,  must complete a Termination/Clearance Form (Appendix P) and properly execute it by obtaining the required signatures prior to receiving their final paycheck.  The employee must be cleared of all University property before separation procedures can be considered complete.

Also, employees departing the University must undergo an exit interview at departmental level and with the Office of Human Resources.  Exit interviews are used to determine the effectiveness of recruitment, selection, and placement processes used by the University to attract new employees.    

9.5Layoffs Due to Financial Exigency

Reductions in force that require the layoff of regular employees or the layoff of probationary or temporary employees before the end of a specified term because of a bona fide financial exigency shall be carried out in accordance with the following criteria and procedures:

A.  A bona fide financial exigency means unavoidable financial conditions that threaten the financial well-being of the University.   The determination of whether a bona fide financial exigency requiring the layoff of employees exists ultimately shall be made by the President with the approval of the Board of Trustees.

B.  If the University is required to lay off employees because of declaration of a state of financial exigency, it shall first lay off employees with temporary appointments.  Next, the University shall lay off employees with probationary appointments.  Finally, the University shall lay off regular employees, provided that the employees remaining are qualified to meet the its employment needs.

C.  If the University is required to select individual employees for lay off from among a group of all employees with temporary, probationary or permanent appointments, it shall base its selection criteria on: 1) the employment needs of the University; 2) the performance evaluations of the employees being considered for lay off; and, 3) the seniority of the employees being considered for lay off, when the foregoing factors are substantially equal.  Seniority for this purpose shall be determined by the length of service at the University.

D.  If the University is required to lay off employees due to bona fide financial exigency, it shall not at the same time employ new employees except in extraordinary circumstances where serious degradation of the University's programs would otherwise result.  In addition, the University shall make every effort to place the affected employees in other positions for which they are qualified before laying employees off under financial exigency.

E.  An employee selected for lay off by the University shall be notified by the divisional vice president, in writing, of the reasons requiring the lay off.  The notice shall also inform the employee of the effective date of the lay off.

F.  An employee notified of his or her lay off may appeal that decision to the President by filing a written notice of appeal within 30 days of receiving the notice specified in subsection E.  The only issue that may be appealed is the University's failure to comply with the criteria and procedures set forth in this section.  After receiving a notice of appeal, the President or his/her designated representative shall schedule an informal meeting with the employee, during which the administrative officers of the University shall fully explain to the employee how the University complied with procedures of this section.  The employee and or his/her representative then shall be afforded an opportunity to explain how the University failed to comply with procedures.  After the meeting, the President or his/her designated representative shall prepare a written decision based on the issues raised during the meeting.

G.  An employee with a probationary or permanent appointment who is laid off shall be given either notice of termination or severance pay in an amount to be determined by the President.  Notice for this purpose is defined as the time the employee was informed of the layoff pursuant to subsection E.

H.  The position of any employee affected by layoff under this section shall not be filled by a newly appointed employee within a period of two years from the effective date of the layoff, unless the employee affected by the lay off has been offered reinstatement, has been afforded at least 30 days in which to accept or decline the offer, and has been offered a reasonable time, not to exceed one year, to report for work.

9.6  Layoffs Due to Discontinuance or Curtailment of a  Department, Program or    
       Position

The following criteria and procedures shall be followed for layoff of employees based on discontinuance or curtailment of a department, program or position at the University:

A.  Layoffs shall be based on a determination that the educational mission of the University will benefit from and be strengthened by the proposed discontinuance or curtailment.  The decision to discontinue or curtail a department, program, or position and to lay off employees as a result, ultimately shall be made by the President with approval of the Board of Trustees.

B.  Before laying off employees, the University shall first make every effort to place the affected employees in other positions for which they are qualified.

C.  If the University is required to select individual employees for layoff from a group of affected employees, it shall first lay off employees with temporary appointments, then those with probationary appointments, and finally, regular employees.

D.  If the University is required to select individual employees from among a group of affected employees with temporary, probationary or regular appointments, it shall base its selection on the following criteria in the order indicated: 1) the job needs of the University; 2) the evaluations of employees being considered for layoff; and 3), when the foregoing factors are fairly equal, the seniority of the employees being considered for layoff.  Seniority for this purpose shall be determined by length of service at the University.  For employees having the same length of service, the salary grade will be incorporated as an element in the selection criteria.

E.  An employee selected for layoff by the University due to discontinuance or curtailment of a department, program, or position shall be notified by the divisional vice president, in writing, of the reasons requiring the layoff and the University's compliance with the criteria and procedures set forth in subsection D.  The notice shall also inform the employee of the effective date of the layoff, subject to approval by the President.

F.  An employee notified of his/her layoff by a divisional vice president may appeal that decision to the President by filing a written notice of appeal within 30 days of receiving the notice specified in subsection E.  The only issue that may be raised in such an appeal is the University's failure to comply with the criteria and procedures set forth in this section.  After receiving a notice of appeal, the President or his/her designated representative shall schedule an informal meeting with the employee, during which administrative officers of the University shall fully explain to the employee how the University complied with the procedures.  The employee and/or his/her representative then shall be afforded an opportunity to explain how the University failed to comply with those procedures.  After the meeting, the President or his/her representative shall prepare a written decision on the issue(s) raised during the meeting, and either approve or disapprove the layoff of the employee.

G.  An employee  who is laid off under this section shall be given either prior notice of termination of employment or terminal salary in an amount to be determined by the President.  Notice for this purpose is defined as notification of the employee under the conditions specified in subsection E.

H.  The position of any employee affected by layoff under this section shall not be filled by a newly appointed employee within a period of two years from the layoff, unless the employee affected by the layoff has been offered reinstatement, has been afforded at least 30 days in which to accept or decline the offer, and has been offered a reasonable time, not to exceed one year, to report for work.

1)To record and communicate the capacities and accomplishments of an employee during a given period.

2)To assist in determining merit increases and future promotions.

3)To assist employees in planning future objectives and realistic steps for personal growth and development within the University.

The following appraisal procedures and policies have been developed to provide the University the means for accomplishing the above principles.

10.2   Performance Evaluation Policy

Each University employee who has completed twelve (12) or more months of service will be evaluated by the current supervisor at the employee's anniversary of employment.  The Office of Human Resources will forward to each supervisor an appraisal packet for every employee to be evaluated thirty days prior to the employee's anniversary month.  The packet will include appraisal forms, instructions for completing the evaluation, recommendations on the conduct of interviews, and a suspense for completion of the evaluation.

Professional Non-Faculty employees will be evaluated using the performance appraisal form at Appendix Q.  Other staff employees will be evaluated using the appraisal form at Appendix R.

The following procedures should be applied during the conduct of performance evaluations.

1)Be sure an up-to-date job description is available.  This description should be read to be sure the supervisor understands the exact responsibilities of the job.  Without so doing, the supervisor may be expecting more or less than the job requires or the employee understands.  If the duties being performed differ from the description, the Office of Human Resources should be contacted for a job review.

2)The current review should be compared to the previous ones to measure performance change.  Reviews should not be made under time constraints since last minute evaluations may result in unfair and incomplete recollections.

3)Jobs and incumbents of the same title should be evaluated together for comparative purposes, e.g., clerks to clerks, secretaries to secretaries, etc.  Since the duties and responsibilities of each different classification vary, it would be unfair and misleading to compare them against each other; only like jobs should be compared.  If no like jobs exist in a department or unit, performance should be compared against the established job description and mutually agreed-on performance expectations.

4)If no job description exist for a particular job, supervisors should contact the Office of Human Resources to receive assistance in preparing one.

5)A thorough and unrushed appraisal interview should occur between the supervisor and the employee.  The objective of this interview is for both parties to communicate with each other regarding the job, the work, the performance evaluation, and future goals and objectives relative to performance, and the employee's immediate and future career.

10.3   Annual Merit Step Increases

Salary increases which are not related to promotion are generally awarded once per year, depending on the financial solvency of the University.  The date for implementing approved merit step increases, where applicable, shall be the first pay period of the fiscal year for staff.  Annual merit step increases in salary will be based on the employee's work performance during the preceding year, as determined by the supervisor and indicated on the employee's performance evaluation report.

Employees who have reached the maximum step in the position classification schedule will receive a bonus based on a percentage determined by the University, if so recommended by supervisors on performance evaluation reports.

10.4   Evaluation Review Board

A Performance Evaluation Review Board shall consist of five persons and shall include the Director of Human Resources and one member appointed by each of the four divisional vice presidents.  Any three members shall constitute a quorum for the transaction of official business.  This committee will review complaints of unfair or biased performance evaluations which failed to be resolved through regular administrative channels.

Only ratings which result in an overall evaluation of less than satisfactory may be appealed to the Evaluation Review Board. Appeals must be in writing and they must be received by the Director, Human Resources within 10 days after being reviewed by the employee.  Only evaluation forms that bear the signature of the employee to verify that he/she has been reviewed will be accepted for appeal.