Staff Handbook

(Immigration Reform and Control Act - Public Law 99-603; AHRMS Policy Manual, 120)

Employers are required by federal law to verify that every person hired after November 6, 1986, is authorized to work in the United States, using the Employment Eligibility Verification Form (Form I-9). If you are a new employee, you will be required to present documents that identify you and that verify your eligibility to work in this country and to complete an I-9 form.

Although the federal government may, from time to time, change the list of acceptable I-9 documents, the following are currently acceptable: Documents that can be used to prove your identity and your employment eligibility are: A United States passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport with attached employment authorization, an alien registration receipt card with photograph, an unexpired temporary resident card, an unexpired employment authorization card, an unexpired reentry permit, an unexpired refugee travel document, or an unexpired employment authorization document issued by the Bureau of Citizenship and Immigration Services (BCIS) which contains a photograph.

Substitute documents that can be used to prove your identity only are: A state-issued driver's license or i.d. card with a photograph or information that includes your name, address, sex, date of birth, height, and color of eyes; an i.d. card issued by a federal, state, or local government agency or entity with a photograph or information that includes your name, address, date of birth, sex, height, and eye color; a school i.d. card with a photograph; a voter's registration card; a U.S. military card or draft record; a military dependent's i.d. card; a U.S. Coast Guard Merchant Mariner Card; a Native American tribal document; a driver's license issued by a Canadian government authority; or, if you are under eighteen and unable to present one of the preceding documents: A school record or report card; a clinic, doctor, or hospital record; or a day-care or nursery school record.

Substitute documents that can be used to prove your employment eligibility only are: A social security card issued by the Social Security Administration; a Certificate of Birth Abroad issued by the Department of State; an original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal; a Native American tribal document; a U.S. Citizen i.d. card; an i.d. card for use of Resident Citizen in the United States; or an unexpired employment authorization document issued by the BCIS.

Your department can help you complete the I-9 and other forms, including the University's Acknowledgment of Policies form and the W-4 tax-withholding form, that should be completed and signed on or before your first day of employment. These forms should be completed and submitted before you begin work for the University and must be submitted to Human Resources before the University can release a paycheck to you. You may download the forms from the Human Resources web site: http://hr.uark.edu/forms/payroll/I9.pdf, or complete the forms in Human Resources, if that is more convenient. Non-resident aliens must complete their W-4 forms in Human Resources to ensure compliance with Internal Revenue Service regulations.

(Amendment 34 to the Arkansas Constitution, Board Policy 460.1)

The Arkansas Constitution protects you against discrimination in employment because of your membership or non-membership in a labor union. Specifically, the constitution provides that:

No person shall be denied employment because of membership or affiliation with or resignation from a labor union, or because of refusal to join or affiliate with a labor union; nor shall any corporation or individual or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor union or persons who refuse to join a labor union, or because of resignation from a labor union; nor shall any person against his will be compelled to pay dues to any labor organization as a prerequisite to or condition of employment.

(U.S. Fair Labor Standards Act; Age Discrimination in Employment Act; AHRMS Policy Manual, 125, 109; Arkansas Code Annotated §11-6-110 et seq.)

The minimum age for employment in most University positions is sixteen years. However, applicants younger than sixteen with a valid work permit may be employed. Employees who hold hazardous jobs must be eighteen years of age or older. No one under the age of 18 may work more than six days in any week, more than 54 hours in any week, more than ten hours in a 24-hour period or before 6:00 am or after 11:00 pm. Public safety officers must be age twenty-one or older. There is no maximum age for employment and no mandatory retirement age.

(Arkansas Freedom of Information Act - Arkansas Code Ann. §25-19-101 et seq.; AHRMS Policy Manual, 115; Fayetteville Policies and Procedures 207.0)

You have the right to examine and copy the information contained in your own personnel file. Official personnel records for all classified employees are maintained in University of Arkansas Human Resources, where you may view your own file at any time during regular business hours. Your department may also maintain personnel records. If so, you have the right to view your own file at any time during regular business hours. Your designated representative may also view your personnel files.

Your personnel records may also be viewed by University officials who have a legitimate need to review them, such as your supervisor, your prospective supervisor if you have applied for a promotion or transfer, persons involved in the investigation or settlement of a formal grievance or complaint filed by an employee, and attorneys and others who are investigating state workers' compensation claims.

Under the Arkansas Freedom of Information Act, any citizen of the State of Arkansas may inspect and copy personnel records except to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy. Before others are allowed to inspect or copy your files, the following types of information will be removed: social security and income tax information, medical and insurance information, information about retirement annuities, information about family and marital and parental status, unlisted telephone numbers and addresses not intended for publication, and scholastic or academic records. Your evaluation or job performance records, including your performance evaluations, are disclosed only if there has been a final administrative resolution of a suspension or termination proceeding at which the records formed the basis for the suspension or termination, and there is a compelling public interest in their disclosure.

Within twenty-four hours of receiving a request for inspection of your personnel records, the University must determine whether the records are subject to disclosure and notify you of the request and the determination. You may seek an opinion immediately from the Attorney General about whether the records are subject to disclosure.

In the event of a law enforcement or agency investigation in which your personnel records are relevant, they made be made available to University attorneys and others involved in the investigation or litigation. Your records may also be made available in response to a lawfully issued subpoena or court order.

(Adopted by the Campus Council, 1983; amended, 1991. University of Arkansas Affirmative Action Plan and various state and federal laws and executive orders; Governor's Policy Directive #8; AHRMS Policy Manual 125, 132, 140, 200-1.6, Act 653 of 2003)

The University is committed to a policy of equal opportunity and to a program of affirmative action, in compliance with state and federal laws and executive orders prohibiting discrimination in employment and in the provision of educational programs and activities. In 1983, the Campus Council adopted a statement about discrimination which was amended in 1991:

The Campus Council of the University of Arkansas, Fayetteville, does not condone discriminatory treatment of students or staff on the basis of age, disability, ethnic origin, marital status, race, religious commitment, sex, or sexual orientation in any of the activities conducted upon this campus. Members of the faculty are requested to be sensitive to this issue when, for example, presenting lecture material, assigning seating within the classroom, selecting groups for laboratory experiments, and assigning student work. The University faculty, administration, and staff are committed to providing an equal educational opportunity to all students.

The University's Affirmative Action Plan includes the following policy statement:

It is the policy of the University of Arkansas to provide equal employment opportunity to all qualified persons, to prohibit discrimination against any employee or applicant for employment because of race, color, national origin, age, religion, sex, sexual orientation, marital or parental status, veteran's status, or disability, and to promote the full realization of equal employment opportunity through a positive, continuing program of affirmative action.

This policy will be followed in recruiting, hiring, determination of pay, promotions, University-sponsored training programs, transfers, layoffs, returns from layoff, demotions, terminations, social and recreational programs, use of University facilities, fringe benefits, and treatment as individuals. It is to be implemented throughout the campus and is the responsibility of all departments and all personnel, supervisory and non-supervisory. Compliance with this policy shall be monitored by the Office of Affirmative Action.

In the vocabulary of equal employment opportunity, affirmative action signifies a positive, continuing, result-oriented program developed by an employer to assure meaningful employment opportunities to all segments of the community and more specifically to minority group members, women, and others who have been discriminated against in the past. It contrasts with simple non-discrimination which implies a more passive observance of equal opportunity. The concept of affirmative action assumes that discrimination in employment is likely to be a structural problem built into policies and practices which on the surface do not appear to be discriminatory, but which in fact have created barriers to employment and promotion for women and minority groups. The Affirmative Action Plan sets forth specific result-oriented procedures to which the University commits itself in order to overcome such institutional barriers to equal employment opportunity. It also establishes an organizational structure for developing future goals and procedures and for assuring that all efforts are made to meet these goals on an on-going basis.

The University commits itself to a policy of equal employment opportunity and to a program of affirmative action not solely because of legal requirements, but because it believes that such practices are basic to human dignity.

Further information about the University's affirmative action programs and about state and federal laws prohibiting discrimination is available in the Office of Affirmative Action.

(Adopted by the Campus Council, February 17, 1994; amended, March 17, 1994; AHRMS Policy Manual, 130)

Policy Statement

It is the policy of the University of Arkansas to provide an educational and work environment in which thought, creativity, and growth are stimulated, and in which individuals are free to realize their full potential. The university should be a place of work and study for students, faculty, and staff, which is free of all forms of sexual intimidation and exploitation. Therefore, it is the policy of the University of Arkansas to prohibit sexual harassment of its students, faculty, and staff and to make every effort to eliminate sexual harassment in the university.

The university's prohibition of sexual harassment applies to members of the university community, to visitors to the campus, and to contractors and others who do business with the university or who use university facilities. The policy prohibiting sexual harassment applies regardless of the gender of the harasser or of the person being harassed. The policy applies to sexual harassment which takes place in any relationship, including both those involving a power differential and those between peers, colleagues, and co workers. The university policy prohibits sexual harassment between or among students, faculty, staff, and others visiting or conducting official business on campus, and in all areas of the university's work and educational environments.

Sexual harassment of employees is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment of students is a violation of Title IX of the Education Amendments of 1972. These laws apply to both the university and to individuals. Those who engage in sexual harassment may be subject to legal consequences, including civil and criminal penalties and monetary damages.

Sexual harassment subverts the mission of the university and threatens the careers, educational experience, and well being of students, faculty, staff, and visitors to the campus. In both obvious and subtle ways, sexual harassment is destructive to individual students, faculty, staff, and the academic community as a whole. Sexual harassment blurs the boundary between professional and personal relationships by introducing a conflicting personal element into what should be a professional situation. When, through fear of reprisal, a student, staff member, or faculty member submits or is pressured to submit to unwanted sexual attention, the university's ability to carry out its mission is seriously undermined.

Sexual harassment is especially destructive when it threatens relationships between teachers and students or supervisors and subordinates. Through control over grades, salary decisions, changes in duties or work loads, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on a student's, staff member's, or faculty member's career at the university and beyond. Sexual harassment in such situations constitutes an abuse of the power inherent in a faculty member's or supervisor's position.

Definitions

Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted to the academic environment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or written communication of a sexual nature, regardless of where such conduct might occur, when:

(1) submission to the conduct is made either implicitly or explicitly a term or condition of an individual's employment with the university or of an individual's academic status or advancement in a university program, course, or activity;

(2) submission to or rejection of the conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or

(3) the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.

Sexual harassment is distinguished from voluntary sexual relationships in that it introduces such elements as coercion, threat, unwanted sexual attention, and/or promises of academic or professional rewards in exchange for sexual favors. Sexual harassment is unwelcome behavior. Behavior that the courts have found to constitute sexual harassment is usually repeated or continues even after the individual makes it clear that it is unwanted.

Sexual harassment is often divided into two categories: (1) quid pro quo harassment and (2) harassment resulting from a hostile or abusive environment.

Quid pro quo harassment involves an explicit or implied exchange; that is, the granting or denial of a benefit or privilege in exchange for sexual considerations. The harasser uses submission to or rejection of the offensive conduct as the basis for decisions such as employment, promotion, transfer, selection for training, performance evaluation, or the basis for academic evaluation or recommendations.

Court decisions have established that a hostile or abusive working or learning environment may also constitute sexual harassment. While the exact definitions and limits of a hostile or abusive environment continue to be delineated by the courts, case law indicates that such an environment exists when the workplace or educational environment is permeated by discriminatory intimidation, insults, and ridicule, such as sexual innuendos, uninvited sexual advances, sexually suggestive or discriminatory remarks, sexually suggestive or offensive signs, graffiti, or pictures, the use of sexually crude and vulgar language, etc. The U.S. Supreme Court has held that, to constitute sexual harassment, the offensive conduct must be sufficiently severe and pervasive that a reasonable person would find the conditions of the working or learning environment to have been adversely affected. The employee or student must also subjectively perceive the environment to be hostile or abusive. However, it is not necessary that an employee's or student's psychological well being be seriously affected or that she or he suffer injury for a discriminatorily hostile or abusive environment to exist. One utterance of an offensive epithet does not by itself constitute sexual harassment. The Supreme Court has indicated that whether an environment is hostile or abusive can be determined only by looking at all the circumstances, which may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance or a student's learning.

Examples of behavior that may constitute sexual harassment are included in Appendix A.

Academic Freedom

Works of art and literature, readings, and other written, auditory, or visual course materials which are used in an educational context, including classrooms, academic offices, and all other learning environments, or which are part of academic or cultural programs, do not constitute sexual harassment, regardless of their sexual, erotic, suggestive, or vulgar content and regardless of whether they may be offensive to some individuals.

Consensual Relationships

Consensual sexual relationships between faculty and their students or between supervisors and their employees in some instances may result in charges of sexual harassment.

Consensual relationships may lead other faculty and students or supervisors and coworkers to question the validity of grades, evaluations, and other interactions between the people involved in such a relationship. The integrity of the work of both people in the relationship may be compromised.

University faculty, administrators, and other supervisory staff should be aware that any sexual involvement with their students or employees could subject them to formal action if a sexual harassment complaint is subsequently made and substantiated, and that they bear the greater burden of responsibility should it be proven that the power differential between them made the relationship other than fully consensual. Even when both parties have consented to a relationship, it is the faculty member, administrator, or supervisor who may be held accountable for unprofessional behavior. Other students or employees may allege that the relationship creates a hostile or abusive environment affecting them. Graduate assistants, residence hall staff, tutors, and undergraduate course assistants who are professionally responsible for students will be held to the same standards of accountability as faculty in their relationships with students whom they instruct or evaluate.

When a consensual relationship exists between a student and a faculty member who has control over the student's academic work or status or between an employee and his or her supervisor, the resulting conflict of interest should be addressed in accordance with university policies concerning conflict of interest.

Responsibility to Report

Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual harassment is strongly urged to report it. The university must know about incidents of sexual harassment in order to stop them, protect victims, and prevent future incidents.

It is the responsibility of university faculty, administrators, and supervisors to report complaints of sexual harassment which they receive and of possible sexual harassment of which they become aware. When there is a relationship that involves legally recognized professional confidentiality between the complainant and the person to whom the harassment is reported, the report may be withheld at the request of the complainant.

Timeframe for Reporting

Sexual harassment should be reported immediately and must be reported within 180 days of its occurrence. However, under compelling circumstances, a delayed report of sexual harassment may be made, provided it is made within 180 days after a student has graduated from the university or 180 days after an employee has left his or her current position at the university.

Retaliation Prohibited

University policy and federal law prohibit any form of retaliation against a person who makes a sexual harassment complaint, participates in an investigation of sexual harassment, or participates in formal grievance or disciplinary procedures. Retaliation against a complainant or witness is, in itself, a violation of university policy and the law, and is a serious separate offense.

False Reports of Sexual Harassment

Willfully making a false report of sexual harassment is a violation of university policy and is a serious offense. Any person who willfully makes or participates in making a false or frivolous report of sexual harassment will be subject to disciplinary action.

Reporting System

Students, faculty members, administrators, staff members, or visitors to the university may report allegations of sexual harassment to an official (hereinafter referred to as the "complaint officer") who is designated by, and who reports to, the Chancellor. They may discuss with the complaint officer any situation which they believe may constitute sexual harassment. Reports may be made by the person experiencing the harassment or by a third party, such as a witness to the harassment or someone who is told of the harassment. The complaint officer is Kay Fairchild.  Kay's telephone number  is (479) 575-3333.

Investigation of Complaints

The complaint officer must investigate every allegation of sexual harassment, including informal and third party reports. The investigation shall be appropriate to the complaint, taking into consideration its seriousness, the extent to which it is or can be substantiated, and the nature of the resolution desired by the complainant. The investigation must be initiated within five working days after the complaint is made.

Upon receiving a complaint, the complaint officer will interview the complainant (and the alleged victim if it is a third party report) to compile as much specific information as possible, including the nature of each incident, the time, place, actual or potential witnesses, any actions or other responses to the alleged harassment already taken by the complainant, identification of the alleged harasser, and other pertinent facts or allegations.

The complaint officer will explain the university's obligation to investigate and take appropriate corrective action. The complaint officer will present options for resolution of the complaint, including actions which the aggrieved person can take, methods of informal resolution, the appropriate formal University of Arkansas grievance procedure, and legal remedies. The complaint officer will offer information about the availability of counseling and other assistance appropriate to the situation.

The complaint officer will meet with the person accused of sexual harassment and present the allegations, indicating whether there are witnesses or other evidence that would appear to substantiate the charge, and whether the complaint is informal or formal. The alleged harasser may make an initial, informal response to the allegations.

If the issue is not resolved at that point, the complaint officer will proceed with an informal complaint resolution process or, if appropriate, will refer the complainant to a formal grievance procedure.

Deans, department heads or chairpersons, directors, and other administrators who are responsible for personnel matters will participate with the complaint officer, as appropriate, in investigating charges of sexual harassment and in the process of informal and formal resolution of sexual harassment complaints.

Resolution and Grievance Procedures

Individuals who make complaints of sexual harassment and individuals who are accused of sexual harassment are entitled to due process and to a fair and prompt resolution of the complaint. Resolution may be attempted through direct informal action, through an informal resolution process, or through a formal grievance process.

Direct, Informal Action

After the complaint officer has discussed the complaint with the complainant and informed the person accused that a complaint has been made, the complainant may choose to attempt to resolve the matter by confronting the accused harasser directly. The complaint officer can suggest methods and models; for example, writing a letter describing the offensive behavior, its effects on the complainant, and her or his request that the behavior cease.

Informal Resolution Process

If the complainant wishes to attempt to resolve the problem informally, the complaint officer may serve as a mediator, or otherwise assist both parties in coming to an understanding and resolving the problem, with a focus on changing current and future behavior. Both parties must be informed of their rights to due process. The complaint officer may take statements from either party and from any witnesses that either party identifies, but the main focus will be on resolution and conciliation. Deans, directors, and department heads or chairpersons will be involved, as appropriate, in the informal resolution process.

Formal Grievance Procedure

If either party is not satisfied with the result of the informal process or if the complainant chooses, instead, to use a formal University of Arkansas grievance procedure, the complaint officer will help identify the appropriate procedure and explain how to use it. The matter will then follow the steps outlined in the Staff Handbook, the Faculty Handbook , or the Undergraduate Studies Catalog for that specific grievance procedure. The complaint officer's records concerning the matter may be made available during the formal grievance procedure, as appropriate.

Both parties will be informed in writing of the results of the resolution and grievance procedures and reminded of the university's policy.

In some instances, it may not be possible to determine whether sexual harassment has occurred. Allegations of sexual harassment which are not eventually substantiated are not necessarily false allegations.

Disclosure

Every possible effort will be made to ensure the confidentiality of information received as part of the university's resolution and grievance procedures. All parties to the complaint will be asked to assist in keeping the complaint confidential. However, the university's obligation to stop sexual harassment means that it cannot fail to take appropriate action and that confidentiality cannot always be guaranteed.

In the interests of fairness and problem resolution, disclosure of complaints and their substance and the results of investigations and grievance procedures, except as compelled by law, will be limited to the immediate parties and other appropriate administrative officials.

Disciplinary Action

Disciplinary action up to and including dismissal will be taken against persons found to have engaged in sexual harassment or found to have willfully made a false or frivolous accusation of sexual harassment. The specific disciplinary action will be determined by the nature and seriousness of the offense. In all cases where disciplinary action is recommended, procedures in the Staff Handbook, the Faculty Handbook, or the Undergraduate Studies Catalog are to be followed.

If a thorough investigation of a complaint substantiates that formal disciplinary action is warranted because either sexual harassment has occurred, or a false report of sexual harassment has been made, the complaint officer will report the findings to the appropriate vice chancellor, who is responsible for initiating disciplinary action. If a formal grievance procedure has been used, a recommendation for disciplinary action may be made by the administrator or panel that has heard and made a decision about the grievance. Recommendations for disciplinary action may be appealed, using the appropriate University of Arkansas grievance procedure.

At the direction of the vice chancellor and following applicable university rules, the Dean of Students, the academic dean, the director, or the department head or chairperson will implement disciplinary action against the student, faculty member, or staff member. The disciplinary action shall be implemented within thirty days of the notification of the vice chancellor. The complaint officer will monitor the implementation of the disciplinary process and its timeliness.

Record Keeping

Records will be kept in employee personnel files only if a complaint of sexual harassment is substantiated and disciplinary action is taken. All other records will be kept only for statistical purposes and to document that the university has responded to complaints. The Arkansas Freedom of Information Act compels disclosure of employee records only if they form the basis for decisions to suspend or terminate an employee and if there is a compelling public interest in their disclosure. Student records are protected from disclosure under the Family Education and Privacy Rights Act.

Records maintained by the complaint officer to document that the university has responded to all complaints will include information concerning the receipt of the complaint, the notification of the alleged harasser and his or her response, the steps taken to investigate the complaint, and indicate whether the complaint was substantiated. All written statements obtained, as well as summaries of witness interviews, will be included in the documentation. If the complaint is substantiated, the records will document actions taken to stop the harassment and to remedy its effects. If the complaint is not substantiated, all records pertaining to the complaint will be sealed, subject only to legally ordered disclosure. Whether the complaint is substantiated or not, the records will document that all parties have been reminded in writing of the university's policy prohibiting sexual harassment.

Statistical Review

The complaint officer will report periodically to the Chancellor the statistical data compiled from investigation records and all disciplinary action taken by the university.

Appendix A

The following are some examples of behavior that the courts have found to constitute either quid pro quo or hostile atmosphere sexual harassment. The list is not inclusive; other behaviors not included on the list may be sexual harassment. And most of the behaviors listed, if they are welcome by the person at whom they are directed, would not be sexual harassment. An important distinction is that sexual harassment must be unwelcome.

Sexual harassment can take many forms. Most sexual harassment falls into three categories: verbal, physical, and written or visual.

Verbal sexual harassment may include, but is not limited to:

• sexual innuendoes, comments, and suggestive remarks about clothing, a person's body, or sexual activities;
• suggestive or insulting sounds;
• whistling in a suggestive manner;
• humor and jokes about sex;
• sexual propositions, invitations, or other pressure for sex; and
• implied or overt threats.

In most cases, a single offensive epithet would not constitute sexual harassment.

Physical sexual harassment may include, but is not limited to:

• patting, pinching, feeling, or any other intentional inappropriate touching;
• brushing against the body;
• making obscene or offensive gestures;
• attempted or actual kissing or fondling;
• coerced sexual intercourse; and
• assault. (See the University of Arkansas Sexual Assault Policy)

Written or visual sexual harassment may occur when the following types of materials are directed to a specific individual or when people cannot reasonably avoid seeing them (the list is not inclusive):

• pictures or drawings of a sexual nature;
• sexually derogatory pin ups, posters, cartoons, magazines, or calendars;
• messages, words, comments, rhymes, or other writing of a sexually derogatory or suggestive nature.

NOTE: Some of the forms of harassment described above may constitute criminal behavior.

(Adopted by the Campus Council, September 23, 1993)

Policy Statement

It is the policy of the University of Arkansas to prohibit sexual assault and to prevent sex offenses committed against students, employees, visitors to the campus, and other persons who use University facilities.

Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VI of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is also a crime, defined by the Arkansas criminal code.

Definitions

Sexual assault may include any involuntary sexual act which a person is threatened, coerced, or forced to engage in against her or his will. Sexual assault may be committed by a stranger or by an acquaintance.

Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will, and forcing an unwilling person to touch another person sexually.

Sexual assault occurs when such acts are committed either by force, threat, or intimidation, or through the use of the victim's mental or physical helplessness, of which the assailant was aware or should have been aware.

Responsibility to Report

Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual assault should report the assault immediately to the University Police (Department of Public Safety). If the assault occurred outside the jurisdiction of University Police, they will assist in reporting it to the proper authorities.

Sexual assault may also be reported to the Fayetteville police, if it occurred within the city limits, or to the police of another municipality if the assault occurred within another township or city which has a police force. It may be reported to the Washington County Sheriff's Department if it occurred outside city limits but within the county. Sexual assault may also be reported to the community Rape Crisis Help Line.

Preserving Evidence

It is important that evidence of sexual assault be preserved, because it may be necessary as proof in a criminal case. Victims and others should not alter the scene of the attack. The victim should not change clothes or take a bath before calling the police or Rape Crisis. The victim should be taken to a local hospital which has kits to collect and preserve evidence of rape and sexual assault.

Availability of Counseling

Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students and employees may use the Counseling and Psychological Services (CAPS) unit of the University Health Center. The Psychological Clinic of the Department of Psychology may be able to provide assistance in some cases. Community mental health agencies, such as the Ozark Guidance Center, and counselors and psychotherapists in private practice in the area can provide individual and group therapy. The Rape Crisis Help Line may make referrals for individual counseling and support groups.

Education and Awareness Programs

The Sexual Health Education Coordinator in the Department of Health Promotion and Education of the University of Arkansas Health Center is responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, fraternities, sororities, and for student organizations, academic classes, and in other settings that are likely to reach people throughout the campus community. Campus wide education and awareness activities are also conducted during Sexual Assault Prevention Week.

Other campus resources for sexual assault awareness, education, and prevention include the peer education group Sexual Harassment and Rape Prevention (SHARP), and the Sexual Assault Victim Advocacy and Education Program (SAVE), sponsored by Rape Crisis, the University Health Center, and the Alliance for Women's Concerns. A peer education course in sexual assault prevention will be offered, starting in the Spring of 1994.

University Judicial System

When appropriate, the University Police (Department of Public Safety) or any member of the University community may refer allegations of sexual assault to the University judicial system. The judicial system, which is described in the Undergraduate Studies Catalog, provides a just and equitable process for dealing with alleged infractions by students of University rules, regulations, or laws. The system is informal and non adversarial, and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.

In some instances, it may be appropriate for University faculty and staff members to use the University's formal grievance procedures to address grievances related to allegations of sexual assault. The faculty grievance procedure is described in the University of Arkansas Faculty Handbook.. The staff grievance procedure is described in the Staff Handbook.

During University judicial proceedings and grievance procedures, both the accuser and the person accused are entitled to the same opportunities to have others present. Both the accuser and the person accused shall be informed of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.

Disciplinary Action

Students and employees who are convicted of sexual assault may also be subject to university disciplinary action. According to the circumstances of the case, possible sanctions may range from a formal reprimand to dismissal from the University.

Victims of sexual assault may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from Residence Life and Dining Services. Requests for academic changes should be directed to the dean of the appropriate college. Staff may request assistance in changing their work situations from their supervisors or from the Department of Human Resources. Requests for such changes will be considered on the basis of their appropriateness and whether the requested change is reasonably available.

(U.S. Drug Free Workplace Act of 1988; Governor's Executive Order 89-2; AHRMS Policy Manual, 145; approved by the Campus Council, April 27, 1989)

State agencies, boards, commissions, and institutions are required to certify that they are in compliance with the Drug Free Workplace Act of 1988. If you were hired in May, 1989 or later, you were asked, on or before your first day of work, to read and sign an acknowledgment of receipt of information about the University's drug-free workplace policy. The text of that policy follows:

Drug Free Workplace Policy

Drug abuse and use at the workplace are subjects of immediate concern in our society. These problems are extremely complex and ones for which there are no easy solutions. From a safety perspective, the users of drugs may impair the well-being of all employees, the public at large, and result in damage to state property. Therefore, it is the policy of the State of Arkansas that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in a state agency's or institution's workplace is prohibited. Any employees violating this policy will be subject to discipline up to and including termination. The specifics of this policy are as follows:

1. State agencies will not differentiate between drug users and drug pushers or sellers. Any employee who gives or in any way transfers a controlled substance while on the job or on agency premises will be subject to discipline up to and including termination.
    
2. The term "controlled substance" means any drug listed in 21 U.S.C. Section 812 and other federal regulations. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, PCP, and "crack." They also include legal drugs which are not prescribed for the individual using them by a licensed physician.
    
3. Each employee is required by law to inform the University within five days after he or she is convicted for violation of any federal or state criminal drug statute where such violation occurred on the University's premises. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal court, state court, or other court of competent jurisdiction.
    
4. The University of Arkansas, Fayetteville, must notify the U.S. government agency with which the contract was made within ten days after receiving notice from the employee or otherwise receiving actual notice of such a conviction.
    
5. If an employee is convicted of violating any criminal drug statute while in the workplace, he or she will be subject to discipline up to and including termination. Alternatively, the University may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution.
    
6. As a condition of further employment on any federal government contract, the law requires all employees to abide by this policy.

Note: At the University of Arkansas, Fayetteville, sections 3 and 4 of the Drug Free Workplace Policy will be carried out by requiring the convicted employee to inform his or her department head, director, or other appropriate supervisor of the conviction immediately and by having that supervisor report the conviction immediately to the vice chancellor to whom she or he reports. The vice chancellor so notified will convey the information, on behalf of the University, within the required ten-day period, to the U.S. agency with whom the federal contract in question is held.

Further information about controlled substances and about the health risks associated with the use and abuse of alcohol and other drugs is available from Human Resources and the University Health Center. Information about locally-available sources of substance-abuse counseling is available from the University Health Center and from the Employee Assistance Program.

(Board Policy 705.2; Governor's Policy Directive #5; AHRMS Policy Manual, 145.0.0 and 200.1.3)

Possession and use of alcoholic beverages in public areas of University facilities (including organized houses) and at official University student functions held on campus must follow state and federal laws and University policies at all times. For employees, the possession or consumption of alcoholic beverages on University property or during working hours, reporting to work under the influence of alcohol, and intoxication while on duty are prohibited, and will result in disciplinary action up to and including termination. Under the Governor's policy directive, use of alcoholic beverages during office hours is strictly prohibited and shall be grounds for immediate dismissal. Information about laws relating to alcohol possession and use is available from Human Resources. Information about the health consequences of alcohol use and about locally-available sources of alcohol-abuse counseling is available from the University Health Center.

(Fayetteville Policies and Procedures 724.0; AHRMS Policy Manual, 155)

The University of Arkansas, Fayetteville, is a tobacco-free campus.

It is the policy of the University of Arkansas, Fayetteville to promote the health, well-being and safety of students, faculty, staff and visitors while they are on the campus.  Tobacco use and second-hand smoke have been identified by the Surgeon General to be the cause of preventable diseases.  Each year, approximately 440,000 people die prematurely of diseases caused by smoking, accounting for one out of five deaths in the United States (CDC 2003.)  Use of cigarettes, smokeless tobacco, cigars, pipes and other tobacco products lead to disease and death.  In addition to causing direct health hazards, smoking and smokeless tobacco use contribute to institutional costs in other ways, including fire damage, cleaning and maintenance costs and costs associated with employee and student absenteeism, health care and medical insurance. 

Smoking and the use of tobacco products (including cigarettes, cigars, pipes, smokeless tobacco and other tobacco products) by students, faculty, staff and visitors are prohibited on all University of Arkansas properties.  The use of tobacco products is prohibited at all times in all interior space on campus; on all outside property or grounds of the campus, including partially enclosed areas such as walkways, breezeways and bus shelters; in University vehicles, including buses, vans and all other University vehicles; in all outdoor and indoor athletic facilities, as well as the grandstands of outdoor facilities.

Campus-controlled advertising, sale, or free sampling of tobacco products is prohibited on campus.

Littering the campus with remains of tobacco products or any other disposable product is prohibited.

Organizers and attendees at public events, such as conferences, meetings, public lectures, social events, cultural events and sporting events using University facilities are required to abide by the University of Arkansas policy.  Organizers of such events are responsible for communicating the policy to attendees and for enforcing the policy. 

The University of Arkansas is committed to support all students, faculty and staff who wish to stop using tobacco products.  Assistance to students, faculty, and staff in overcoming addiction to tobacco products is available through the University Health Center and the Employee Assistance Program.

Adherence to the University's tobacco-free policy is the responsibility of all members of the campus community.  it is expected that all students, faculty, staff and visitors to the campus comply with the policy and they are empowered to respectfully remind others about the policy in an ongoing effort to enhance awareness and encourage compliance.

(Act 1084 of 2001; Fayetteville Policies and Procedures 416.0, 416.1, 404.1, 406.1)

The University is committed to providing a safe, healthful workplace that is free from violence or threats of violence. Reports of threatening or violent incidents are taken seriously and dealt with appropriately. Individuals who engage in violent or threatening behavior may be removed from the premises, and may be subject to dismissal or other disciplinary action, arrest, and/or criminal prosecution.

Prohibited Behavior

The University does not tolerate behavior that:

1. Is violent
2. Threatens violence
3. Harasses or intimidates other
4. Interferes with an individual's legal rights of movement or expression
5. Disrupts the workplace, the academic environment, or the University's ability to provide service to the public

Violent or threatening behavior can include physical acts, oral or written statements, or gestures and expressions.

Reporting and Action

Guidelines for Immediate Response:

When confronted by an individual who may believe that you have wronged him or her and who says or implies s/he will shoot you, consider the following:

1. Remember that s/he believes that you and others may hold him or her in lower esteem that s/he deserves. recent research has found that people who attack or are aggressive towards others do not have low self-esteem. many have very high self-esteem. Acts that result from road rage are often triggered by beliefs that the other person has been rude or demonstrated that s/he believes that the aggressor is unimportant. Students in a doctoral program have envisioned themselves as obtaining the Ph.D. and having students and other address them as "Dr." or "Professor." if they perceive that you are taking or have taken that opportunity away from them, some will become very depressed and some will become very angry and plan revenge.
   
   If a person appears in your office with a gun, before s/he has a chance to threaten you, try to communicate that you like the person and are glad to see him or her. Experts recommend that you do something such as walk immediately toward the person with your hand out to shake their hand and say, "I am glad to see you." If s/he refuses to shake your hand, continue to act positive. Try not to act afraid.
    
2. Be empathetic. If s/he is there with a gun, s/he is angry. Before s/he has a chance to tell you that s/he is angry with you, tell him or her that you think s/he should be angry at receiving a failing grade, receiving a letter dropping him or her from the program, or whatever. "You have studied very hard," or "You have worked on that paper for a long time," or "You have worked in the program for a long time." "You must be frustrated." Do not argue with the person. Tell him or her that you can understand why s/he is mad. Be loud and firm about it. You are with, not against, him or her.
    
3. Try to change his or her viewpoint from the past and present to the future. S/he as been thinking about what has been done to him or her. Try to get him or her to think about the future. "Let's plan what we can do next." "Let's talk about what other programs you can get into." "A person with your ability and experience can do better in a good program." "You have a number of alternatives." Don't threaten him or her with jail or remind him or her of the consequences if s/he shoots, because that is too much like a dare and makes you oppositional.
    
4. Try to move him or her to a public place. In public, the person is aware of others around and is less likely to feel safe about shooting you. "Let's go talk about what we can do over a coke or a cup of coffee."

In cases where there is no weapon involved, you might suggest that the person deserves help. Suggest that you walk over to the counseling center in the University Health Center together. Stay until the individual is able to see a professional psychologist, psychiatrist, or counselor. You might also suggest that free counseling is available and dial the counseling center for the person. Tell the receptionist that the person wants to make an appointment. (If you suggest that the person needs to make an appointment, s/he will probably never call, even if you write the number down.)

Guidelines to decrease the probability of a person's coming to your office or home with a gun:

1. Be positive and friendly with students. The more students see you as a staff member who is on their side, the less they will want to harm you.
    
2. Be empathetic. Students respect faculty or staff who are tough, provided that they are perceived as fair. When you learn that a student has failed, tell him or her that you are sympathetic and understand that s/he tried. Tell him or her that you believe that s/he would have done better if s/he had had more time to study. (Give the person back his or her self-esteem.)
    
3. Be prepared for anger. If the department is destroying the student's hopes, how should the student receive the message? Should our model be how we try to communicate the death of a person to their loved ones? Should our bad news come by mail? From a personal meeting with the committee? Or from a meeting with a faculty member or department head who presents other options to the person about their career?

All members of the University community must cooperate to maintain a safe work environment. Each unit is responsible for investigating reports of violent or threatening behavior and taking appropriate action. You should report any incidents of violent, threatening, harassing, or intimidating behavior in the workplace to your supervisor, regardless of whether those involved are University employees or students.

Supervisors and managers who receive reports of violent or threatening behavior must notify the head of their unit and Human Resources. Human Resources will assist supervisors and managers in their response to allegations of violent or threatening conduct. In addition, allegations of violent conduct on the part of students or student workers must be reported to the Office of the Vice Chancellor for Student Affairs., and allegations of violent conduct on the part of faculty must be reported to the Provost's Office.

If you are particularly uncomfortable with a current or potential situation, you should call University Police and ask that they send officers to be with you. In cases of physical assault or direct threats of harm to people or property, you should call either 911 or 9-911 (either works) from campus phones or 911 from non-campus phones.

Training in workplace violence prevention and response is available through Employee Training and Development and the Employee Assistance Program. You can call 575-4432 to arrange training for a department, building, or other unit or for information on scheduled workplace violence training sessions.

An assessment team will review all reports of actual or threatened violence on campus and will develop an action plan for the safety and security of potentially affected employees, as well as follow-up and review for any campus incidents. Critical stress debriefing will be provided by the Employee Assistance Program and by the Counseling and Psychological Services unit of the University Health Center, and by other professionals as needed.

Critical Incident Stress Debriefing (CISD) provides individuals who have experienced or been exposed to a traumatic event with help in resolving the concerns and anxieties that such an experience often causes. A critical incident is any event that causes an unusually intense stress reaction. Examples include: a co-worker's or student's death or serious illness; suicide; a violent or threatening incident at work; a natural disaster that affects people's ability to function in the workplace; and traumatic accidents that occur in the workplace. CISD services are available from the Counseling And Psychological Services area of the University Health center, the Employee Assistance Program, for Counselors in residence in the residence halls, and from the Council of Religious Organization, members of which are listed in the campus directory.

In case of incidents of threat to the campus, buildings may be evacuated. Employees will be instructed about where to relocate and how to determine when the building may be reoccupied. You should return to the building promptly when you are advised to do so by emergency response personnel. If the University decides not to reopen the building for an extended period of time, you may be sent home, and no leave time will be charged to your account. If a building is not evacuated but you feel uncomfortable with the work environment, you are allowed to leave, but the time you spend away from work will be charged to your annual leave. Employees will be kept informed whenever an incident is made known to the University administration through voice mail messages, e-mail, and campus headlines. Building executives or their alternates will be kept informed about the status of the situation.

(Fayetteville Policies and Procedures 224.0)

You may not possess, use, or store weapons on the University campus, or in areas controlled by the University, including vehicles, University apartments, residence halls, or sorority or fraternity houses. Weapons covered by this policy include, but are not limited to: firearms, firearm ammunition, air pistols, air rifles, fireworks, incendiary devices, lock blade or fixed blade knives with a blade length of four inches or greater, blackjacks, metal knuckles, or any other such offensive weapons of any description. You may possess tear gas-type products in personal use quantities for self-defense, but you may not use them for purposes other than self-defense.

Violation of this policy may be punishable by disciplinary action, up to and including termination of employment.

(Fayetteville Policies and Procedures 219.2; Campus Sex Crimes Prevention Act, 42 U.S.C. § 1407(j) and 20 U.S.C. §1092 (f)(1)(I); Arkansas Code Ann. §12-12-913(b) et seq.; Arkansas Code Ann. § 5-14-128; Board Policy 525.1)

In compliance with federal and state legislation, the University of Arkansas Police Department (UAPD) will provide timely and appropriate notification to the campus community about the presence of registered sex offenders enrolled in, attending, or employed by the University. In consultation with the Campus Notification Committee, UAPD will prepare and carry out a notification plan that is appropriate for each individual sex offender. A written summary of campus guidelines and the notification plan for each offender will be maintained by UAPD. Determinations about notifications will be made by UAPD in consultation with the Campus Notification Committee and other appropriate campus officials, law enforcement officials, or treatment specialists on a case-by-case basis, and guided by the offender's risk assessment level in accordance with guidelines established by the Arkansas Sex Offenders Assessment Committee.

Arkansas Act 330 of 2003 makes it unlawful for a Level 3 or Level 4 registered sex offender to reside within 2,000 feet of property on which any public or private elementary or secondary school or daycare facility is located. Because all University-operated residential facilities on campus and all fraternities and sororities fall within this restriction, no Level 3 or Level 4 registered sex offenders may live on campus.  The University reserves the right to exclude from University-affiliated housing, or to modify the housiung assignment for, any other stuident who is required to regiater as a sex offender.

The University's efforts to maintain a safe and healthy campus environment involve the efforts of a number of departments and units, including:

• The Physical Plant for maintenance of buildings and grounds;
   
• Environmental Health and Safety for safety training, safety assistance, and compliance with safety laws and regulations;
   
• The University Health Center for emergency medical treatment, preventative health care, and health awareness programs;
   
• The Department of Public Safety (University Police) for response to automobile accidents, serious injuries and medical emergencies, violent assaults, crime response and prevention, crowd control for University sponsored events, escort services, and property protection; and
   
• Risk Management and Insurance for work-related injuries or illnesses that may involve a Workers' Compensation claim.

If you become aware of any injuries, potentially unsafe or hazardous conditions, or criminal activities, please report them immediately to the appropriate department or unit or to your supervisor.

(Board Policy 410.1; Governor's Policy Directive #8; AHRMS Policy Manual, 200.1.13, 111.)

Employment of relatives in the same department or division of the University is allowed only when one will not supervise or have control over personnel decisions affecting the other. To avoid possible conflict of interest, relatives must not participate, either formally or informally, in decisions to hire, retain, promote, or determine the salaries of each other.

(Act 34 of 1999; AHRMS Policy Manual, 190)

If you are elected to a constitutional office (including Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Attorney General, Commissioner of State Lands, Auditor of State, member of the Arkansas House of Representatives, or member of the Arkansas Senate) you may not be hired by any state agency after you are elected and during the term for which you were elected, unless you resign the constitutional office prior to being hired.

If you were employed by a state agency prior to being elected to a constitutional office, you may continue your employment. However, your position cannot be reclassified, unless it is a general reclassification affecting all positions in your class and grade equally. You cannot receive any pay increases other than cost of living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee (or the Legislative Council if the General Assembly is not in session) and the Governor.

If your spouse is elected to a constitutional office, you may not be hired by a state agency after your spouse is elected and during your spouse's term of office without the prior approval of the Joint Budget Committee (or the Legislative Council if the General Assembly is not in session) and the Governor.

If you were employed by a state agency prior to your spouse's being elected to a constitutional office, or if you are hired by a state agency during your spouse's term of office, you are subject to the following restrictions: (a) Your position cannot be reclassified, unless it is a general reclassification affecting all positions in your class and grade equally. (b) While your spouse serves as a constitutional officer and for two years after your spouse leaves office, you cannot be promoted or transferred without the prior approval of the Joint Budget Committee or the Legislative Council and the Governor. (c) You cannot receive any pay increases in excess of 15% without the prior approval of the Joint Budget Committee (or the Legislative Council if the general Assembly is not in session) and the Governor.

Former members of the General Assembly and their spouses cannot be employed by a state agency within 24 months after the legislator leaves office in any job which (a) was newly created by legislative action within 24 months prior to the legislator leaving; or (b) had a maximum salary increase of more than 15% authorized by legislative action within 24 months prior to the legislator leaving office.

(Board Policy 330.1, Fayetteville Policies and Procedures 404.0)

Preamble

University employees need to be sensitive to the possibility that outside obligations, financial interests, or employment may affect their responsibilities and decisions as members of the University community. Involvement of University employees in outside activities, both public and private, often serves the interests of the individual, University, and general public. Participation of individuals in activities outside the University is encouraged to the extent that they do not interfere with the mission of the University in preserving, generating, and disseminating knowledge.

University employees may be faced with situations that conflict with their obligations, responsibilities, and decisions related to the mission of the University. These conflicts can generally be categorized as conflicts of interest and conflicts of commitment. Conflicts of interest are situations in which University employees may have the opportunity to influence University administrative, business, or academic decisions in ways that could lead to personal gain, give improper advantage to self or others, or interfere with the preservation, generation, or public dissemination of knowledge. Conflicts of commitment are situations in which University employees' time and effort given to outside activities and interests interfere with their obligations and responsibilities to the University.

Conflicts of interest and commitment are not necessarily unwarranted, unethical, or illegal. Furthermore, conflicts of interest and commitment are not always avoidable. The failure to disclose situations that have the potential for or involve actual conflicts of interest or commitment, however, may be unethical and/or illegal.

Disclosure and Remediation

Situations that have the appearance of, potential for, or involve actual conflicts of interest or commitment must be reported in writing to the employee's appropriate supervisor (i.e., department chair, dean, director, vice chancellor). Written disclosure should be made by the individual before any agreements are completed between the employee, University, and any outside organizations. Modifications to existing agreements should be reported as they occur. In addition, continuing agreements should be reported on an annual basis. In disclosing these situations, the employee should indicate any steps that can or will be taken to avoid or minimize any conflicts.

After consulting with the employee, considering whether an actual or potential conflict of interest or commitment exists, and the ramifications for the University, the supervisor will provide the employee with a written interpretation and any proposed remedial actions within five additional working days. The supervisor will provide a copy of the document to his or her superior for approval within five additional working days and retention. Employees may appeal the interpretation, decision, or proposed remediation to the Chancellor or the Chancellor's designee. The supervisor or superior shall refer serious conflicts to the Chancellor or designated official. The Chancellor or designee will immediately appoint an ad hoc committee of at least five members, along with appropriate ex officio members, to review the situation and make recommendations within twenty working days.

The decision of the Chancellor or official designee will be final. (A form for disclosure of potential conflicts of interest and commitment may be found on the web site at: http://vcfa.uark.edu/Documents/4040FormA.pdf or obtained from the offices of deans, directors, or department heads.)

Guidelines

The following list provides some examples of the type of situations that may involve conflicts of interest or commitment and, hence, should be disclosed. Because a particular situation appears on the list does not necessarily mean that a conflict of interest or commitment exists. Even if a conflict exists, the situation may be unavoidable or in the University's best interest and, hence, allowed to continue.

The list of situations is not exhaustive. Other situations or activities may exist that have the appearance of, potential for, or involve actual conflicts. Situations, whether listed below or not, that have the appearance of, potential for, or involve actual conflicts of interest or commitment should be disclosed.

1. Employee or immediate family member ownership, management, or other business ties with a private or public organization that has dealings with the University.
2. Participation in outside business activities.
3. Teaching credit or noncredit courses, seminars, or workshops not for the University.
4. Requiring material for use by students for which the instructor derives direct or indirect financial benefit.
5. Fees provided for professional service including consulting, honoraria, royalties, or expert testimony.
6. Continuing role in the scientific and technical efforts of a commercial enterprise.
7. Personal payments, income, gifts, or other benefits received or promised from an organization proposing or sponsoring research.
8. Private remuneration for University research provided by an individual or organization.
9. Revenues from patents or licensed technology.
10. Service or financial interest in an entity that provides research grants or contracts.
11. Direct commercial or financial interests of immediate family members in employee's research.
12. Transfer of technology to an organization in which the employee or immediate family members have an interest.
13. Time and effort in extramural activities that interfere with obligations, duties, and responsibilities to the University.
14. Employee or immediate family member having a financial interest in University decisions.
15. Use of University facilities, employees, or students in personal or commercial activities.
16. Use of official University position for personal/family gains/interests.
17. Appointment, promotion, supervision, or management of an immediate family member. (See Section 3.12)
18. Acceptance of gifts or gratuities offered because of University position.
19. Use of University credit, purchasing power, or facilities for non-University activities.
20. Advertising endorsements based upon University position.
21. Outside activities influencing decisions or behavior with respect to preservation, generation, and dissemination of knowledge (e.g., delaying dissemination of research information, diverting to external organizations research opportunities that the University would have a normal expectation to obtain).

Related Board Policies include: Service on Boards of Financial Institutions (215.1), Contracting Authority (300.1), Nepotism (410.1), Outside Employment of Faculty and Staff Members for Compensation (450.1), Political Activity (465.1), and Use of University Facilities (705.1).

Grants and contracts that may involve a potential conflict of interest are subject to review and approval procedures. Board Policy provides that the University shall not, without approval of the Chancellor or Vice President for Agriculture, enter into a contract with a current or former state employee, member of the Arkansas General Assembly, state constitutional officer, or board or commission member, or the immediate family member of any of those persons, or any entity in which any of those persons holds ownership interest of ten percent or greater.

(Board Policy 450.1; Arkansas Code Ann. §21-8-203; Governor's Policy Directive #1; AHRMS Policy Manual, 200-1.1)

Arkansas law states that "...all state employees who are employed on a regular salary basis shall be required to disclose each source of income in excess of five hundred dollars ($500) earned during any calendar year from sources other than their regular salary from employment or from professional or consultant service rendered for any public agency."

If you are a classified staff member or a non-classified staff member who is not an administrator, you may have outside employment if the following conditions are met:

1. The employment does not constitute a conflict of interest (see Section 3.14, above) and does not interfere with the performance of your University job. If you have questions about whether an outside job would constitute a conflict of interest, check with your supervisor.
    
2. The work is completed off the premises of the University.
    
3. The work is completed during non-University work time.
    
4. The work does not involve the use of materials, supplies, equipment, etc. belonging to the University.

You must submit a completed copy of the Disclosure of Potential Conflict of Interest and Commitment form for review to your supervisor, who will submit it to his or her immediate supervisor for review. A copy of the form, with an approval or outlining steps to manage the potential conflict, will be returned to you and the original will be kept by your supervisor.

The University's policy concerning outside employment for non-classified staff, administrators, and faculty is as follows:

While emphasizing the fact that full-time faculty and non-classified administrative staff members of the University are obligated to devote their working time and efforts primarily to University activities, the University recognizes that a limited amount of outside work for private compensation may be advantageous to all concerned. Deans, department heads, directors, vice chancellors, chancellors, vice presidents, and the president are included as administrative staff. Such persons are therefore encouraged to engage in outside employment which will affirmatively contribute to their professional advancement or correlate usefully with their University work. This employment shall not interfere in any substantial way with the employee's University duties nor conflict with his/her University assignments. Written approval from the department head and/or dean shall be obtained in advance of such outside employment. Each dean or similar officer shall keep records on outside employment by personnel in his/her college or administrative unit. The report should include actual time spent during the reporting period. Such records shall be reviewed by the appropriate vice chancellor and submitted to the Chancellor by August 1 of each year and such records shall be reviewed periodically by the vice chancellor. The employee shall always make it clear that the outside employment is his/her own responsibility and that in it he/she does not act as an agent or representative of the University. University facilities or property shall not be used except with the permission of the department head or dean, and the payment of appropriate fees may be required.

(Arkansas Code Ann. § 19-4-1604; AHRMS Policy Manual, 226 and 245.8.0)

Under certain circumstances and with prior approval, University employees may work for two state agencies or institutions concurrently. The work performed for the second agency or institution must not interfere with the proper and required performance of the employee's duties in the primary position. The combined salary payments from both agencies or institutions must not exceed the maximum allowable salary for the higher paid position, except that, under Arkansas Code Ann. § 19-4-1604, state employees may teach temporarily at state-supported institutions of higher education even though their combined salaries will exceed the line item maximum. This exception is subject to the approval of the Chief Fiscal Officer of the State. University of Arkansas Human Resources can provide information about the approval process for concurrent employment.

You may not be on paid sick leave from one state agency or institution while you are being paid by another state agency or institution.

(Act 1461 0f 2001, Arkansas Code Ann. §21-5-203, as amended; AHRMS Policy Manual, 228)

Arkansas law allows job sharing, a form of employment in which two people arrange their work hours in a way that covers a single, regular, full-time salaried position. The combined number of hours worked by the two part-time employees cannot exceed the number of hours a full-time employee would work in the same position (usually 40 hours per week.) Both employees must be part-time and both must use the position in the same way. For example, if the position is classified as a secretary, both employees must perform secretarial duties. Hourly positions may also be shared.