WELCOME FROM THE PRESIDENT ................................................................................................................ 6 NATURE OF EMPLOYMENT ........................................................................................................................... 7 DISCLAIMER................................................................................................................................................... 7 CONTACT INFORMATION .............................................................................................................................. 7 ABOUT PACIFIC NORTHWEST UNIVERSITY OF HEALTH SCIENCES ................................................................ 9 HISTORY OF PACIFIC NORTHWEST UNIVERSITY OF HEALTH SCIENCES .................................................... 9 MISSION .................................................................................................................................................... 9 VISION ....................................................................................................................................................... 9 CORE VALUES ............................................................................................................................................ 9 CORE THEMES ........................................................................................................................................... 9 STATE AUTHORIZATION ............................................................................................................................ 9 ACCREDITATION ...................................................................................................................................... 10 GENERAL EMPLOYMENT ............................................................................................................................. 12 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................... 12 IMMIGRATION LAW COMPLIANCE ......................................................................................................... 12 NON-DISCRIMINATION ........................................................................................................................... 12 DIVERSITY ................................................................................................................................................ 13 DISABILITY ACCOMMODATION ............................................................................................................... 13 ACCESS TO PERSONNEL FILES ................................................................................................................. 14 PERSONAL INFORMATION ...................................................................................................................... 14 HIPAA AND EMPLOYEE HEALTH RECORD ............................................................................................... 14 INTRODUCTORY PERIOD ......................................................................................................................... 15 PERFORMANCE EVALUATION ................................................................................................................. 15 RECRUITMENT............................................................................................................................................. 16 RECRUITMENT......................................................................................................................................... 16 Classification ....................................................................................................................................... 16 Selection.............................................................................................................................................. 16 Hiring Requirements ........................................................................................................................... 16 Recruitment Procedure ....................................................................................................................... 16 Relocation Benefit ............................................................................................................................... 18 1|Page REHIRE STATUS ....................................................................................................................................... 19 SEPARATION OF EMPLOYMENT .............................................................................................................. 19 BENEFITS AND COMPENSATION ................................................................................................................. 20 BENEFITS ................................................................................................................................................. 20 BENEFITS CONTINUATION ...................................................................................................................... 20 RETIREMENT ........................................................................................................................................... 20 EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) ...................................................................... 21 SICK LEAVE .............................................................................................................................................. 21 VACATION ............................................................................................................................................... 23 HOLIDAYS ................................................................................................................................................ 24 JURY DUTY ............................................................................................................................................... 24 LEAVE OF ABSENCE ................................................................................................................................. 24 Family Medical Leave Act (FMLA) ....................................................................................................... 25 Family Care Act (FCA) .......................................................................................................................... 25 Washington State Disability Leave ...................................................................................................... 26 All Military Leaves ............................................................................................................................... 26 Personal Leave .................................................................................................................................... 27 Bereavement Leave ............................................................................................................................ 27 Victim’s Leave ..................................................................................................................................... 28 On the Job Injury ................................................................................................................................. 28 Multiple Leaves ................................................................................................................................... 28 Use of Vacation & Sick Time ............................................................................................................... 28 Benefits While on Leave...................................................................................................................... 28 Vacation Donation .............................................................................................................................. 28 Return From Leave .............................................................................................................................. 29 EMPLOYEE ASSISTANCE PROGRAM ........................................................................................................ 31 WORKER'S COMPENSATION INSURANCE ............................................................................................... 31 LENGTH OF SERVICE RECOGNITION ........................................................................................................ 32 FITNESS MEMBERSHIP ............................................................................................................................ 32 PAY ADMINISTRATION ............................................................................................................................ 32 Program Objectives ............................................................................................................................. 32 Definitions: .......................................................................................................................................... 33 2|Page Board Responsibilities ......................................................................................................................... 33 Management Responsibilities ............................................................................................................. 33 Employee Responsibilities .................................................................................................................. 34 A. Position Descriptions & Competencies. .......................................................................................... 34 B. Market Pricing and Salary Structure ............................................................................................... 35 C. Salary Changes ................................................................................................................................ 36 D. Salary Determination ...................................................................................................................... 37 E. Salary Increase Planning.................................................................................................................. 38 F. Other Compensation ....................................................................................................................... 39 PERSONAL PROFESSIONAL DEVELOPMENT ............................................................................................ 40 EDUCATION ADVANCEMENT .................................................................................................................. 41 CONDUCT AND WORK RULES ..................................................................................................................... 43 ETHICAL CONDUCT.................................................................................................................................. 43 PROGRESSIVE DISCIPLINE ....................................................................................................................... 44 PROBLEM RESOLUTION........................................................................................................................... 45 WHISTLEBLOWER PROTECTION .............................................................................................................. 46 SEXUAL AND OTHER MISCONDUCT (INCLUDING HARASSMENT, STALKING, BULLYING, AND INTIMIDATION) ....................................................................................................................................... 47 CONFLICT OF INTEREST AND DISCLOSURE.............................................................................................. 53 PHARMECEUTICAL AND BIOMEDICAL DEVICE INDUSTRY RELATIONSHIPS ............................................ 56 TOBACCO- AND SMOKE-FREE CAMPUS .................................................................................................. 62 COPYRIGHT.............................................................................................................................................. 62 GIFT ACCEPTANCE AND FUNDRAISING ................................................................................................... 72 COMMUNICATIONS ................................................................................................................................ 73 MANDATORY TRAINING .......................................................................................................................... 75 ATTENDANCE AND PUNCTUALITY .......................................................................................................... 75 CONFIDENTIALITY OF RECORDS - GENERAL ............................................................................................ 75 Verification of Employment ................................................................................................................ 75 References .......................................................................................................................................... 75 Confidentiality of Records – Non Disclosure....................................................................................... 76 PERSONAL APPEARANCE......................................................................................................................... 76 DRUG AND ALCOHOL USE ....................................................................................................................... 77 3|Page SPENDING POLICY: BUSINESS & TRAVEL................................................................................................. 81 FACILITIES, SAFETY AND SECURITY ............................................................................................................. 83 CAMPUS LAW ENFORCEMENT AUTHORITY ............................................................................................ 83 CAMPUS CLOSURE .................................................................................................................................. 83 CAMPUS SECURITY AND ACCESS/FACILITY ACCESS ................................................................................ 83 SECURITY AWARENESS CRIME PREVENTION PROGRAMS ...................................................................... 84 REPORTING CRIMINAL OFFENSES AND SUSPICIOUS ACITVITY ............................................................... 84 ADVISING CAMPUS COMMUNITY ABOUT SEX OFFENDERS ................................................................... 86 PREPARATION OF DISCLOSURE OF CRIME STATISTICS ........................................................................... 87 ANIMALS ON CAMPUS ............................................................................................................................ 87 EMERGENCY NOTIFICATION SYSTEM...................................................................................................... 88 PARKING .................................................................................................................................................. 92 INFORMATION TECHNOLOGY ..................................................................................................................... 95 COMPUTER, EMAIL & OTHER ELECTRONIC DEVICES .............................................................................. 95 TECHNOLOGY SERVICES INFORMATION AND DATA PROTECTION ......................................................... 98 DOMAIN, EMAIL AND CRITICAL APPLICATION PASSWORDS .................................................................. 99 HARDWARE/SOFTWARE PURCHASES ................................................................................................... 100 UNAUTHORIZED PEER TO PEER FILE SHARING AND OTHER COPYRIGHT INFRINGEMENTS ................. 101 UNIVERSITY FACULTY GENERAL GUIDELINES ........................................................................................... 103 FACULTY POLICIES ................................................................................................................................. 103 FACULTY RECRUITMENT, SEARCH AND HIRING .................................................................................... 103 FACULTY APPOINTMENT AND PROMOTION ........................................................................................ 105 Definitions ......................................................................................................................................... 105 Appointments--General Information ................................................................................................ 106 Kinds of Appointments...................................................................................................................... 106 Academic Rank .................................................................................................................................. 108 Promotion Process ............................................................................................................................ 111 FACULTY EVALUATION .......................................................................................................................... 112 SABBATICAL LEAVE................................................................................................................................ 114 PROFESSIONAL DEVELOPMENT LEAVE ................................................................................................. 114 FACULTY ABSENCE ................................................................................................................................ 114 FACULTY GRIEVANCE ............................................................................................................................ 115 4|Page The Faculty Council Grievance Committee ....................................................................................... 115 Grievance Procedure......................................................................................................................... 116 Definitions: ........................................................................................................................................ 118 INTELLECTUAL PROPERTY ..................................................................................................................... 118 FACULTY RESIGNATION......................................................................................................................... 125 FACULTY TERMINATION / NON-RENEWAL ........................................................................................... 126 FACULTY OF THE COLLEGE OF OSTEOPATHIC MEDICINE SPECIFIC GUIDELINES ...................................... 126 MISSION, GOALS, AND OJBECTIVES ...................................................................................................... 126 Mission .............................................................................................................................................. 126 Program Goals and Objectives .......................................................................................................... 126 FACULTY RIGHTS AND RESPONSIBILITIES ............................................................................................. 128 Rights of Faculty ................................................................................................................................ 128 Academic Freedom ........................................................................................................................... 128 General Responsibilities of Faculty ................................................................................................... 128 Expectations of Conduct ................................................................................................................... 128 Faculty Responsibilities in Relation to the Academic Year ............................................................... 133 Faculty Responsibilities to COM and Faculty Council Committees................................................... 134 Faculty Reporting Relationships........................................................................................................ 134 Department Chair and Division Chief Responsibilities ..................................................................... 134 Committee Chair Responsibilities ..................................................................................................... 134 Course Director Responsibilities ............................................................................................................ 135 PHYSICIAN FACULTY CODE OF ETHICS .................................................................................................. 136 Published July 1, 2014 5|Page WELCOME FROM THE PRESIDENT Welcome to the Pacific Northwest University of Health Sciences. As the President, it is my honor to serve alongside of you on our young and vibrant health care focused university. Located on a developing 43 acre campus in east Yakima, PNWU is an exciting new addition to the central Washington educational scene. PNWU is a nonprofit university founded in 2005 by a visionary and dedicated board of trustees. With generous support from the founders and many other donors across the Pacific Northwest, PNWU is flourishing. The vision of a university dedicated to core themes of academic success, health care professionals for rural and medically underserved of the Northwest , and service to the community is one that brings talented faculty, staff and students to participate in the vibrant learning community. PNWU is a catalyst for innovations in education and research for rural and community based medicine. Our initial College of Osteopathic Medicine has a mission to train compassionate and competent osteopathic physicians to fill the health care needs in the Pacific Northwest, especially in rural and underserved areas. With over 80% of our students coming from Washington, Idaho, Montana and Alaska, we experience a wide diversity of interests, enthusiasm and positive energy on the campus. Our clinical training sites across these states provide excellent community based medical education experiences. This handbook is provided as a guide to understanding the policies and procedures at PNWU. PNWU was founded on principles of high standards for learning and conduct to assure that our graduates exceed the public expectations and that our faculty and staff work in a positive and professional environment. Welcome to PNWU and thank you for joining us in our mission! Sincerely, Keith Watson, DO President 6|Page NATURE OF EMPLOYMENT This policy excludes faculty with whom PNWU has engaged in a contractual relationship. Employment at Pacific Northwest University of Health Sciences (PNWU) is voluntarily and at will. "At will" means that employees are free to resign at any time, with or without cause. Likewise, "at will" means that PNWU may terminate someone’s employment at any time, with or without cause or advance notice, as long as PNWU does not violate any applicable federal or state law. The employment policies are not intended to create a contract. These policies should not be construed to constitute contractual obligations of any kind or a contract of employment between PNWU and any employee. Employment policies, when mandated by state law, are based on the rules and regulations of the State of Washington. Where PNWU is doing business in AK, ID, MT, and OR, PNWU recognizes their state’s rules and regulations accordingly. Please see Human Resources for details. These provisions supersede all other existing policies and practices and may not be changed or added to without the express written approval of the Chief Executive Officer of PNWU. Those changes may be made at any time without prior notice. The employee policies are reviewed annually and approved by the President and Board of Trustees. DISCLAIMER The Handbook represents information and requirements which may be altered from time to time by the University at its sole discretion. The provisions of the Handbook do not constitute a contract. The University reserves the right to change any provision or requirement at any time. All inquiries regarding the Handbook should be directed to the Director of Human Resources at 509-452-5100. The Handbook is the responsibility of the Director of Human Resources. Any recommendations for additions, deletions, or changes in the Handbook must be submitted in writing to the appropriate Dean, Director, or Faculty Council and then forwarded to the Director of Human Resources. Final approval must be granted by the President of the University. To find a complete list of policies, go to https://secure.compliancebridge.com/pnwu/public/index.php?fuseaction=app.main. CONTACT INFORMATION Administrative offices are open weekdays from 8:00 a.m. to 5:00 p.m. Visitors are strongly encouraged to make appointments before visiting the campus to ensure that the person they need to see is available. The PNWU address is: Pacific Northwest University of Health Sciences 111 University Parkway, Ste. 202 7|Page Yakima, WA 98901 (509) 452-5100 – Main office 1-866-329-0521 – Toll Free (509) 452-5101 – Fax 8|Page ABOUT PACIFIC NORTHWEST UNIVERSITY OF HEALTH SCIENCES HISTORY OF PACIFIC NORTHWEST UNIVERSITY OF HEALTH SCIENCES Pacific Northwest University of Health Sciences is an independent, non-profit corporation. Founded in 2005, the University stands as an opportunity for high-quality higher education in the heart of the Pacific Northwest. The governing body is the Board of Trustees, who establishes policies for its operation. Responsibility for administration and day-to-day operations is delegated to the president and through the president to other officers of the University. The first college of the University is the College of Osteopathic Medicine (COM) which emphasizes service to a 5-state area including Alaska, Idaho, Oregon, Montana, and Washington. The COM is located in two buildings on a 43-acre campus. Butler-Haney Hall, the main building, is a learning center which contains a 400-person capacity auditorium, a spacious anatomy laboratory with camera projections, a large osteopathic manual medicine classroom with electronic monitoring, eight standard patient exam rooms (each with OMM tables and video recording technology), a simulation lab, research space, a library, and numerous break-out rooms for small group interaction. The Cadwell Student Center, completed in early 2011, is a 10,000 square-foot building that houses two classrooms, ample study space, and the Student Government Association Office. University administration is located across the street from the COM in Iron Horse Lodge. MISSION Pacific Northwest University of Health Sciences educates and trains health care professionals emphasizing service among rural and medically underserved communities throughout the Northwest. VISION Continually improving the availability and quality of health care for those we serve. CORE VALUES Ethics, Accountability, and Responsible Transparency Excellence in Osteopathic Medical Education Team Work Continuous Improvement Innovation and Responsiveness Health Care for All CORE THEMES Academic Success Health Care Professionals for the Rural and Medically Underserved of the Northwest Service to the Community STATE AUTHORIZATION Washington Student Achievement Council (WSAC) Pacific Northwest University of Health Sciences is authorized by the Washington Student Achievement Council and meets the requirements and minimum educational standards established for degree9|Page granting institutions under the Degree-Granting Institutions Act. This authorization is subject to periodic review and authorizes Pacific Northwest University of Health Sciences to offer specific degree programs. The Council may be contacted for a list of currently authorized programs. Authorization by the Council does not carry with it an endorsement by the Council of the institution or its programs. Any person desiring information about the requirements of the act or the applicability of those requirements to the institution may contact the Council at P.O. Box 43430, Olympia, WA 98504-3430. ACCREDITATION Commission on Osteopathic College Accreditation (COCA) PNWU-COM has been granted accreditation by the Commission on Osteopathic College Accreditation (COCA) of the American Osteopathic Association, 142 East Ontario Street, Chicago, IL 60611. Accreditation status is the highest level of accreditation awarded, and confers all rights and privileges of accreditation. Accreditation status is reviewed on a seven (7) year cycle unless otherwise directed by the COCA for a shorter period. Renewal of accreditation is subject to an on-site visit. Once accreditation status is attained, the COM will retain that status until such time as it may be withdrawn by the COCA or may be voluntarily withdrawn at the request of the COM. Complaint Review Procedures Complaint review procedures are established to protect the integrity and the maintenance of accreditation standards and procedures as they relate to approved COMs having recognition from the COCA. Complaint procedures provide a mechanism for concerned individuals or organizations to bring to the attention of the accrediting agency information concerning specific actions and programs, which may be in non-compliance with the COCA’s accreditation standards. The COCA recognizes their responsibility to provide complainants the opportunity to utilize the COCA as a vehicle to deal with specific grievances as well as being a mechanism for reviewing and finally resolving complaints against the COCA or the administrative staff. Complaints may be filed by any individual or group including, but not limited to, the following: An osteopathic medical student; An individual, organization, or institution affected by the accreditation program academically or professionally; and A member of the general public. Complaint Submission about a COM The complaint must be in writing and signed by the complainant. All signed complaints must be submitted to the COCA Assistant Secretary, AOA, 142 E. Ontario Street, Chicago, IL 60611. Complaints that are received that are not signed by the complainant(s) or are submitted anonymously will not be processed. The complainant will present a concern regarding a violation(s) of an accreditation standard or procedure that must be based upon direct and responsible information. The complainant must provide a narrative of his/her allegation, as it relates to the accreditation standards or procedures, and include any documentation that could support his/her allegation. This information must be accurate and well documented. 10 | P a g e The complainant will provide evidence that an effort has been made to resolve the problem through the recommended route through COM administration, and will include information about all other actions initiated to resolve the problems. Within ten (10) business days of receipt of a signed complaint, copies of the complaint will be sent to the COM’s Chief Executive Officer or chief academic officer for response to the complaint. The COM’s Chief Executive Officer or chief academic officer will have fifteen (15) business days to respond. The COM’s response and the complaint will be forwarded to the COCA chair who will either ask the COCA Executive Committee or appoint an ad hoc subcommittee to determine whether the complaint merits further investigation. An investigation will be conducted if the complaint has merit. If the COCA or the ad hoc subcommittee finds no merit in the complaint, the complainant and the COM will be notified in writing. The complainant and the COM will be notified of the outcome in writing. This process will be concluded within fifteen (15) business days. 11 | P a g e GENERAL EMPLOYMENT EQUAL EMPLOYMENT OPPORTUNITY Employment decisions at PNWU are based on each person's performance, qualifications, and abilities. PNWU does not discriminate in employment opportunities or practices as described in the NonDiscrimination Policy. PNWU will make reasonable accommodations for qualified individuals with known disabilities unless making the reasonable accommodation would result in an undue hardship to PNWU. The PNWU Equal Employment Opportunity policy covers all employment practices, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. If an employee has a question about any type of discrimination at work, the employee should talk with their immediate supervisor or the Human Resources Department. Employees will not be punished for asking questions about this. If the University finds that anyone was illegally discriminating, that person will be subject to disciplinary action. This action may include termination of employment. IMMIGRATION LAW COMPLIANCE PNWU does not illegally discriminate because of a person's citizenship or national origin. However, in accordance with legal requirements, PNWU is committed to employing only people who are United States citizens or who are aliens legally authorized to work in the United States. Because PNWU complies with the Immigration Reform and Control Act of 1986, every new employee upon hire at PNWU is required to complete the Employment Eligibility Verification Form I-9 and show documents that prove identity and employment eligibility. If an employee leaves PNWU and is rehired, the employee must complete another Form I-9 if the previous I-9 with PNWU is more than three years old or if the original I-9 is not accurate anymore or if PNWU no longer has the original I-9. Employees who have questions or who want information on the immigration laws and PNWU's compliance or raise complaints or concerns should contact the Human Resources Department. NON-DISCRIMINATION PNWU is an equal opportunity employer and makes employment and student application decisions on the basis of merit. PNWU strives to have the best available student and individual in every position. The University shall not discriminate against faculty, staff, volunteers, students, or applicants on the basis of race, ethnicity, color, sex, gender, religion, national origin, age, disabilities, sexual orientation, marital status, or any other characteristic protected by law for any reason including recruitment, selection and promotion. PNWU is also committed to compliance with the requirements of Title IX and, in accordance with those requirements, has adopted a policy of nondiscrimination on the basis of sex in its educational programs or activities including admission to those programs or employment in those programs. Refer to the section on Sexual and Other Misconduct for more information on Title IX. 12 | P a g e DIVERSITY PNWU students, faculty, staff, and administrators are valued for their diversity as reflected by such categories as race, ethnicity, color, religion, sex, gender, sexual orientation or gender identity, national origin, age, disability, marital and social/economic status, and political beliefs. PNWU is committed to facilitating an environment where persons can work together in an atmosphere free of all forms of discrimination or abusive communication. PNWU acknowledges the individual right of expression within the bounds of courtesy, tolerance, and respect. PNWU creates and supports a campus community that educates future healthcare professionals who value and appreciate the importance of diversity. PNWU strives to improve the quality of life of faculty, staff, and students by developing and implementing policies and programs that support the University’s philosophy on diversity. PNWU hopes to help students learn about different cultures. DISABILITY ACCOMMODATION PNWU is committed to complying fully with the Americans with Disabilities Act (ADA), Rehabilitation Act and state law. All employment practices and activities are conducted on a non-discriminatory basis. PNWU’s hiring procedures provide meaningful employment opportunities for persons with disabilities. When need is apparent, or when requested, PNWU will make job applications available in alternative, accessible formats. We will also give assistance in completing the application. Pre-employment inquiries will only be made regarding an applicant's ability, with or without accommodation, to perform the duties of the job. A post-offer medical examination may be required for certain positions. Where required, the examination will be given after PNWU has extended a conditional job offer. Medical records are kept confidential and separate from other personnel files. Reasonable accommodations will be made for qualified individuals with known disabilities unless making the reasonable accommodation would result in an undue hardship to PNWU. Employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual. It is necessary that the employee engage with Human Resources in an interactive process whereby both parties openly discuss the situation and options available. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. All types of leaves of absence are available to all employees on an equal basis. PNWU is also committed to not discriminating against any qualified employee or applicant because the person is related to or associated with a person with a disability. PNWU will comply with all applicable federal, state, and local laws. 13 | P a g e PNWU is committed to taking all other actions that are necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and any other applicable federal, state, and local law. ACCESS TO PERSONNEL FILES Employees have the right to review and inspect their personnel files during normal business hours in the Office of Human Resources with reasonable notice (at least 24 hours prior notice). Employees may add pertinent information to their record if they so choose. All files will be locked and kept confidential in Human Resources. PERSONAL INFORMATION It is important that PNWU have certain personal information about each employee in the personnel records. Employees need to tell the Human Resources office as soon as there is a change to a mailing address, telephone number(s), marital status, dependents' information, educational accomplishments, and other possibly related information. PNWU also needs to have information about who to contact in case of an emergency. HIPAA AND EMPLOYEE HEALTH RECORD The Health Insurance Portability and Accountability Act of 1996 (HIPAA) limits exclusions for preexisting conditions; prohibits discrimination against employees and their dependents based on their health status; guarantees renewability and availability of health coverage to certain employers and individuals; and protects many workers who lose health coverage by providing enhanced access to individual health insurance; and allows certain individuals to enroll in health coverage outside of specified open enrollment periods. HIPAA's special enrollment rights apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. Employees and/or their dependents have a special enrollment right following a qualifying event. Examples include a new dependent as a result of marriage, birth, adoption, or the placement for adoption (qualifying event). Under these rules, a group health plan is required to provide the opportunity for special enrollment for these individuals should they make the request within 30 days of the date the qualifying event occurred. If an employee decline enrollment under PNWU’s plan for the employee and/or a dependent (including a spouse) and state in writing that the employee and/or dependents have coverage under another group health plan or health insurance coverage as the reason for declining to enroll, the employee may also have special enrollment rights in the event that the employee and/or dependents are no longer eligible for this other coverage. This plan may offer an Annual Open Enrollment giving employees the opportunity to enroll if the employee has previously declined/waived coverage. 14 | P a g e INTRODUCTORY PERIOD PNWU has an introductory period of three months for new non-faculty staff employees. During the introductory period, work habits and abilities to perform the job satisfactorily will be evaluated. The introductory period also gives the employee time to decide if the new job meets expectations. Because employment with PNWU is voluntary and at will, an employee may terminate employment at any time during or after the introductory period with or without cause or advance notice. Likewise, PNWU may also terminate employment at any time during or after the introductory period, with or without cause or advance notice. Attaining "regular" employee status does not affect the at will nature of employment. If an employee is absent for a significant amount of time during the introductory period, the length of the absence will automatically extend the introductory period. PNWU may also extend the introductory period if it decides the period was not long enough to evaluate an employee’s performance. This could happen either during or at the end of the introductory period. The notification of extension will be in writing. When an employee satisfactorily completes the introductory period, "regular" employment classification is assigned. Each employee will be evaluated by the appropriate supervisor to determine advancement to regular status. PERFORMANCE EVALUATION This policy excludes employees classified as faculty. PNWU encourages employees and supervisor to discuss job performance and goals on an informal, dayto-day basis. In addition, each employee will have formal performance evaluations with the assigned supervisor to discuss work and goals, to identify and correct weaknesses, and to encourage and recognize strengths. Evaluations will be related to the job description. Performance evaluations may be conducted during or at the completion of the introductory period and annually thereafter. Annual merit pay increases will be given if earned in conjunction with the annual performance evaluation and availability of funds in the budget. 15 | P a g e RECRUITMENT RECRUITMENT PNWU is committed to attracting, selecting, and retaining quality employees. The Human Resource Department is responsible for the recruitment of all personnel. The recruitment process will not occur until the appropriate approvals have been given. Classification Employed personnel will be classified as: • Staff • Faculty • Clinical Adjunct Faculty • Student Non-employed staff will be classified as: • Clinical Adjunct Faculty • Guest Lecturer • Volunteer The following principles shall apply: Selection All positions for employment must be posted and applicants must be reviewed and considered according to the recruitment procedure. A waiver of a posting may be given if approved by the Director of HR and the President. A waiver is defined as a request and approval to fill a position without posting it. Waivers will be given judiciously for filling faculty or other key positions. Search committees will generally be formed for recruitment of faculty and other key positions with appointment made by the appropriate supervisor. Preference is given to qualified internal applicants who follow the same application guidelines as external applicants. Hiring Requirements All applicants are subject to the same requirements. Failure to provide required documentation within three days of hire or to complete necessary paperwork will normally result in withdrawal of the offer. Background checks that result in negative reports will be reviewed on a case by case basis taking into consideration, 1) the nature and gravity of the offense, 2) time since the conviction or completion of the sentence, 3) nature of the job being applied for. Recruitment Procedure: The procedure for recruitment and hiring is as follows: 1. Job Description and Salary Determination a. The hiring manager reviews the job description on for accuracy and sends changes to Human Resources (HR) 16 | P a g e 2. 3. 4. 5. 6. 7. 8. 9. 10. b. Hiring Manager discusses with HR the salary range Request to Hire Authorization a. Hiring Manager completes the appropriate approval form indicating FTE, Title, Budget, Supply Needs, etc. and sends to HR (all recruitment expenses are charged to the hiring department) after approval signatures are achieved Search Committee a. Key positions will be filled through the work of a search committee b. All further steps include consultation with the search committee if applicable Job Posting and Advertising a. HR crafts the job posting for Hiring Manager approval b. HR and Hiring Manager discuss advertising options Posting Ideas: PNWU Website, Northwest Newspapers, OPSO, WOMA, Fellowship Programs, Residency Programs, Publications, Society Lists, State Licensure Lists, Direct Mail, Census Data, Consumer Data, AOA/AMA, AACOM, AAMC, DEA List, Personal Referrals, Email List Serve Blasts, Alumni, Web Advertising, NAAHP, COMOA, Higheredjobs.com, The Chronicle of Higher Ed, Academic Keys c. HR posts the job Applications Screened and Logged a. HR screens all incoming applications for minimum qualifications and logs them in the HR system b. HR sends the Hiring Manager applications for consideration c. Hiring Manager further reviews and screens applications d. Hiring Manager shares applicant’s with other appropriate personnel for feedback Interviews and Testing a. Hiring Manager chooses top applicants for interview using the standard interview guide b. HR conducts testing if appropriate for position c. Hiring Manager asks additional PNWU personnel to be involved in the interview process if appropriate Reference Checks a. Hiring Manager, or HR, conducts reference checks on at least two references. It is preferred that references include a past supervisor. Applicant Selection a. Hiring Manager meets with HR to review the applicants b. Hiring Manager turns in all documentation to HR The Job Offer a. HR makes the job offer(and/or writes faculty contract) and schedules applicant for a urine drug screen (72hr notice) b. HR initiates the background check investigation c. HR emails applicant the offer and provides links to complete required paperwork Preparation for New Hire a. HR notifies Hiring Manager of applicant’s start date b. Hiring Manager completes IT/Facilities/Security Set Up Request 17 | P a g e c. HR sends letters to applicants not chosen and updates decision in HR system 11. 1 Day New Hire Orientation a. New Hire meets with HR for approximately 1 hour completing onboarding documents b. HR gives new hire orientation checklist to be completed in 60 days with support from Hiring Manager 12. Department Orientation and Training a. Hiring Manager creates department orientation and training appropriate for position 13. Evaluation a. Hiring Manager meets with the new hire after 90 days to assess his/her progress and needs b. Hiring Manager conducts performance evaluation annually st Non-employed staff will complete minimal paperwork and not be subject to a criminal background check (except for onsite campus volunteers). The Washington State Patrol background check is only required for those residing in Washington State who are not already subject to intensive background checks as part of their regular employment. Relocation Benefit Relocation expense reimbursement determination is at the discretion of the president or his/her designee. An overall budget shall be approved in advance by the Director of Human Resources (HR) based on the relocation distance from the employee’s current residence to the Yakima Valley area. The relocation benefit is to cover expenses such as, commercial moving company, moving truck, gas for vehicles, packing supplies, in-transit hotel and meal expenses. The move must occur within 90 days of employment start date. If the employee prefers that the University pay the moving vendors directly, the list below defines items that are eligible for direct payment. The total amount paid by the University to the vendor will be deducted from the relocation benefit amount. 1. Commercial moving company 2. Charges for packing, crating, mailing and/or shipping household goods; and other miscellaneous packing supplies 3. Optional insurance on items such as furniture, clothing, and utensils 4. Rental truck 5. In-transit storage for up to 30 consecutive days 6. Shipment of up to two cars Employees who terminate their employment prior to 12 months of service will pay a pro-rata portion of the relocation benefit. Procedure: 18 | P a g e Payment of Relocation Expenses After proof of residency in the Yakima Valley area, the pre-determined relocation benefit will be included on the next regular pay check subject to customary taxes and withholdings. The benefit, and proof of Yakima residency, should be requested and paid within 30 days of the move. Typically, the relocation benefit is based on distance, in miles, from the old residence to the new as follows: 50 – 499 = $6,000 500 – 1499 = $9,000 1500 – 2499 = $12,000 2500+ = $15,000 Employees are encouraged to consult a tax professional regarding non-taxable moving expenses and deduction on their annual return. REHIRE STATUS An employee who is rehired will be subject to all the same requirements as if it was the employee’s first time working for Pacific Northwest University. The only carryover is any time prior served counts towards an employee’s overall length of service. Credit is given in full month increments. SEPARATION OF EMPLOYMENT All employees terminating employment from PNWU are asked to give three weeks written notice to Human Resources. All University property assigned to the employee must be returned by the last day of employment. Requests to return property beyond the last day of work may be granted with approval of the appropriate Chief Officer. The university may payroll deduct any amount, or may seek legal action, necessary to cover the loss for failing to return university property or returning in an inappropriate condition. Supervisors should inform Human Resources immediately when an employee gives notice of separation. Supervisors are responsible for retrieving all university property assigned to the employee. Human Resources will process all required paperwork for the separation and maintain records in accordance with the PNWU Record Retention policy. 19 | P a g e BENEFITS AND COMPENSATION BENEFITS It is the policy of PNWU to offer a good benefits program as a solid investment in PNWU employees. PNWU will periodically review the benefits program and make modifications as appropriate to the University's condition. PNWU reserves the right to modify, add, or delete the benefits it offers. A change in employment classification that would result in loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA). BENEFITS CONTINUATION It is the policy of Pacific Northwest University of Health Sciences to comply with all elements of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). Employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time. There are strict rules about when an employee or dependent can use COBRA. COBRA lets an eligible employee and dependents choose to continue health insurance when a "qualifying event" happens. Qualifying events include the employee's resignation, termination, leave of absence, shorter work hours, divorce, legal separation, or death. Another qualifying event is when a dependent child stops being eligible for coverage under the employee’s health insurance. If an employee continues insurance under COBRA, the employee will pay the Plan the full cost of the insurance at PNWU’s group rates plus an administration fee. When the employee become eligible for the health insurance plan, the employee will be given written notice describing COBRA rights. Because the notice contains important information about an employee’s rights and what to do if COBRA coverage is required, employees are encouraged to read the document carefully. RETIREMENT Employee Plan TSA – 403B All employees are eligible to participate in the 403b tax deferred retirement account. Employees can contribute, up to the annual IRS maximum, pre-tax wages as a percentage or dollar amount. Employees own all of the funds in this account immediately. Employees direct their own investment options. University Plan Employees are eligible for up to five percent of base pay deposited into a tax deferred account on an annual basis up to the IRS maximum after completion of 6 consecutive month(s) from your date of employment in which you complete 500 hours of service. If you do not complete 500 hours of service within your first 6 consecutive month(s) of employment, then you will have satisfied the service requirement if you are credited with a year of service. 20 | P a g e This account has a vesting schedule. You must have worked the entire month to have that month count towards the service requirement. Employees direct their own investment options. Procedure: Employee Plan: Participants can access their account at www.americanfunds.com. Log in with your account number found on your statement. The default pin should be the last four digits of your social security number. You will then be prompted to at least change the pin # to a permanent one. The phone number is 1-800-421-0180. University Plan: Participants can access their account at www.americanfunds.com/retire. Log in with your social security number and the last four digits of your social security number is the default pin #. You will then be prompted to set up a permanent user name and password. The phone number is 1-800421-6019. EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) ERISA, which is a federal law, provides that all plan members shall be entitled to examine all plan documents, at the plan administrator's office, without charge. This includes insurance contracts and copies of all documents filed by the plan with the U.S. Department of Labor. Examples of this include detailed annual reports and plan descriptions. Employees may obtain copies of all plan documents and other plan information upon written request to the plan administrator. The administrator may make a reasonable charge for the copies. The plan administrator is required by law to furnish each member with a copy of the summary annual report. In addition to creating rights for plan members, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate the plan, called "fiduciaries" of the plan, have a duty to do so prudently and in the interest of employees and other plan members and beneficiaries. No one, including PNWU as the employer, may terminate or otherwise discriminate against an employee in any way to prevent the employee from obtaining a welfare benefit, a retirement benefit, or exercising rights under ERISA. If an employee’s claim for a welfare benefit is denied in whole or in part, the employee must receive a written explanation of the reason for denial. Employees have a right to have the plan reviewed and a claim reconsidered. Procedure: If employees have any questions about the Plan, the Plan Administrator should be contacted. For any questions about this statement or about employee rights under ERISA, the nearest Area Office of the U.S. Labor-Management Services Administration, Department of Labor should be contacted. SICK LEAVE Employees are eligible for sick pay once the introductory period has been completed. It is the policy of the University that all eligible employees may earn and accrue sick leave that may be used for paid sick leave when necessary. Sick leave will typically be earned at the rate of one day for 21 | P a g e each month of full time service. Sick leave credit will be earned based on the appointment and employment type of the individual. The maximum accrual is 960 hours. The procedures regarding usage, notification, and verification of sick leave are detailed below. Sick leave is the authorized absence from duties due to: 1. Personal illness, injury, or temporary disability. 2. Exposure to contagious disease which could be communicated to other members of the university community. 3. Illness or injury in the individual's immediate family. Immediate family is defined by the Family Care Act to include: care for a dependent child, spouse, parent, parent-in-law, or grandparent who has a serious health condition or emergent condition. 4. Medical, dental, psychological, or optical examination or treatment of an employee or a member of his or her immediate covered family member. Sick leave is granted on the approval of the department supervisor to whom the individual reports; such a request should be made on the first day of absence or in advance if possible. The individual, upon return to work, must complete a leave request form. The university reserves the right to require the individual to: 1. furnish medical evidence of illness, including providing medical releases, 2. provide medical verification regarding ability to return to work, 3. provide other appropriate necessary information, e.g. proof of medical care of family member. A consecutive period of sick leave includes all normally scheduled work days except holidays observed by the university during an employee's appointment period. No employee shall be charged with more than five (5) sick leave days in any seven (7) day period. The benefit will accumulate at the rate of one (1) day per full calendar month worked, or twelve days per year for all full-time employees, working full time hours. Part time employees, .5 FTE or greater, earn .5 days per full calendar month worked. The accrual is based on worked FTE. Time spent on vacation, paid military leave, faculty fellowship leaves, paid professional leave, or sick leave will not count toward accumulation of benefits. There will be no accumulation of benefits while on an unpaid leave of absence. Sick leave begins accruing the first of the pay period following hire date or change to eligible status. The use of sick leave beyond an individual's accumulated balance is defined as an unauthorized absence. These individuals who are absent due to any of the reasons outlined above and who have exhausted their accumulated sick leave will have their gross monthly salary reduced by the amount of pay equal to the days of the unauthorized absence, unless otherwise prohibited by any applicable law. The adjustment will be made by the payroll manager who will notify the appropriate dean or department head accordingly. 22 | P a g e The period covered by use of accumulated sick leave benefits is all consecutive, normally scheduled university work days exclusive of the university's holidays during the period of sick leave. An employee retiring with ten (10) or more years of creditable service may request to be compensated for one-fourth of his/her accrued but unused sick leave not to exceed thirty (30) days; election must be made no later than sixty (60) days after the date of retirement. Payment will be based upon the employee's rate of pay at the time of regular or disability retirement. Such payment may be made only once to an employee and only to those employees who are on the active payroll of the University at the time of retirement subject to the appropriate Vice President approval. In the event of the death of an employee with ten (10) or more years of creditable service, one-fourth of the employee's accrued but unused sick leave, not to exceed thirty (30) days, will be paid to the employee's survivors or to the employee's estate in accordance with the Revised Code of Washington. Payment will be calculated using the aforementioned calculation. VACATION This policy excludes employees classified as faculty. Employees are eligible for vacation with pay once the introductory period has been completed. The University regards a vacation as a period of rest and relaxation earned by past service and in preparation for future service. The annual vacation is important to the well-being of the employee and his or her family, and each employee should take all earned vacation on an annual basis. Every effort shall be made to grant preference in scheduling vacations; however, vacation schedules within a department should be arranged to meet departmental demands and to provide adequate staffing at all times. It may be necessary for the department head to designate certain periods of the vacation year in which few or no vacations can be scheduled. It may also be necessary to schedule some vacations at particular times or to postpone a scheduled vacation due to departmental work requirements. Paid vacation is earned by full time employees, working full time hours, at the rate of one and one-half (1 1/2) days per full month worked up to a maximum of eighteen (18) days, or 144 hours. Part time employees, .5 FTE or greater earn at the rate of .75 days per month up to a maximum eighteen (18) days. The accrual is based on actual hours worked. An employee's unused vacation balance may not exceed 18 days. Employees who have reached the maximum accrual will not accrue any further vacation until vacation time is used so that the accrued balance drops below the maximum. Vacation will begin accruing the first of the pay period following date of hire or change to eligible status. Paid vacation will not be earned during a leave of absence without regular pay. When an official University holiday falls within an employee's vacation period, vacation is not charged for that day. Vacation pay is payable only at the time vacation is taken or upon termination. Vacation pay will not be granted in lieu of vacation except at termination and then only with the approval of the department head and responsible planning unit head. 23 | P a g e If authorized by the Appropriate Chief Officer or Dean, the vacation allowance to be paid upon termination will be the basis of total vacation earned but not taken, up to a maximum of 18 vacation days. In the event of death of an employee, vacation pay for vacation earned but not taken up to a maximum of 18 vacation days will be paid to the estate of the employee. HOLIDAYS PNWU recognizes the following holidays: New Year's Day (Jan. 1) Martin Luther King Jr. Washington's Birthday Memorial Day Independence Day (Jul. 4) Labor Day Veterans Day Thanksgiving (4th Thurs. in Nov.) Day after Thanksgiving Christmas Day (Dec. 25) Full time employees who have completed their introductory period are eligible for holiday pay. Part time employees who are .5 FTE or greater and have completed their introductory period are granted a pro rata portion of the holiday if the employee would have normally worked on the holiday. JURY DUTY Employees re entitled to leave when summoned to serve as jurors; employees may request paid jury duty leave for this purpose. Any paid time will be adjusted to reflect what pay is received from the service. Documentation should be given to the Director of Human Resources. If an employee receives a jury duty summons, it should be shown to the employee’s supervisor as soon as possible. This will help PNWU plan for the employee’s possible absence from work. PNWU expects employees to come to work whenever the court schedule permits. Either the employee or PNWU may ask the court to excuse the employee from jury duty if necessary. PNWU may choose to make this request if it is thought that the employee’s absence would cause serious operational problems for PNWU. Subject to the terms, conditions, and limitations of the applicable plans, PNWU will continue to provide health insurance benefits for the full period of paid jury duty leave. LEAVE OF ABSENCE All absences of more than three (3) days, other than regular scheduled vacation, are considered a Leave. Notices/Application - All leaves of absence are to be completed by the employee and given to the supervisor in writing and copies to Human Resources, as far in advance as possible, stating the reason for the leave and the amount of time required. A written reply to grant or deny the request shall be 24 | P a g e given to the employee by Human Resources. A leave of absence begins on the first day of the absence from work. If the need for the leave is not foreseeable, the employee must provide notice within two (2) business days after learning of the need for leave. A spouse or other family member may provide the notice if the employee is unable to do so. Employees who know in advance that they need leave are required to provide 30 days’ notice. The University requires medical certification to support a request for leave because of serious health conditions, and may require a second opinion, at the expense of the University. If the two opinions differ, a binding third opinion, at employer’s expense, may be requested. The certification must include an estimate of the amount of time the employee is needed to provide care. Employees whose leave has been necessary because of their own medical condition must provide medical certification of his/her inability to perform the functions of his/her position. The employee may be required to provide a "fitness for duty” report as a condition of their return from leave. Certain kinds of leave are governed by statutes; in those cases, the applicable statutes and regulations will apply if they impose requirements that are different from this policy. Family Medical Leave Act (FMLA) - Available for any employee who has worked for a covered employer (at least 50 employees), has been employed for at least 12 months, and has worked for at least 1,250 hours over the previous twelve (12) months. Up to twelve (12) weeks of combined paid and unpaid, job-protected leave for certain family and medical reasons calculated on a 12 month rolling period. Leave may be: • For the birth and care of the newborn child of the employee • For the placement with the employee of a son or daughter for adoption or foster care or in a position of in loco parentis • To care for an immediate family member (spouse, child or parent) with a serious health condition • To take medical leave when the employee is unable to work because of a serious health condition including an On the Job injury Spouses who are both employed by the University are limited to a combined total of twelve (12) weeks of family leave (paid and unpaid) for the birth, or placement for adoption, or foster care of a child. Family Care Act (FCA) – This state law expands FMLA and allows the use of earned Vacation and Sick time to care for: • Children under 18 w/ routine illness or preventative care • Child over 18 with a disabling condition, including those whom the employee stands in loco parentis • Spouses, registered domestic partners, parents, parents-in-law or grandparents with a serious health or emergent condition If the leave taken under FCA qualifies for FMLA, the time taken will count towards FMLA leave. 25 | P a g e Health Condition Defined; requires treatment or supervision that a child cannot self-administer; or any medical or mental health condition which would endanger the child’s safety or recovery without the presence of a parent or guardian; or any condition warranting treatment or preventive health care such as physical, dental, optical or immunization services, when a parent must be present to authorize and when sick leave may otherwise be used for the employee’s preventive health care. Serious Health Condition Defined; an illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment connected with inpatient care in a University, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment or recovery in connection with such inpatient care; or continuing treatment by or under the supervision of a health care provider or a provider of health care services and which includes any period of incapacity. If a holiday falls within an intermittent leave during a week it is not counted against FMLA time, if it falls during a week in which they were gone, it is counted against the FMLA leave. Washington State Disability Leave-Maternity - Female employees will be granted time off for the actual period of disability due to pregnancy or childbirth, as certified by the employee’s physician. Leave can be taken continuously, intermittently, or on a reduced work schedule at the determination of the health care provider and provided it can be accommodated by the employer. Time off beyond maternity disability leave to care for a newborn may be granted under the Family Medical Leave act, the Washington Family Leave Act, or Personal Leave, subject to employee eligibility. In most cases, Maternity Disability will run in addition to FMLA. All Military Leaves - Available to any employee with the University to serve in accordance with the law. PNWU supports the members of the Armed Forces serving in any branch of the National Guard or Reserves. PNWU fully recognizes the key role that the men and women serving in our armed forces play in ensuring the safety and security of our nation. We further acknowledge the significance of our role and responsibilities as an employer to support and encourage the participation of our employees who are called to serve. A. Employee Responsibilities It is the employee’s responsibility to perform the following actions while serving in the National Guard (Army or Air Force) or Reserves (Army, Air Force, Navy, Marines, or USCG). i. Inform the university immediately when the individual is ordered to active duty including for any of the following reasons: 1. Individual Active Duty for Training (IADT) or equivalent 2. Annual Training (AT) or equivalent 26 | P a g e 3. Attending Training for military education requirements 4. Pre-Deployment training 5. Deployment (CONUS or OCONUS) 6. Any periods that exceeds 72 hours 7. Any other assignment deemed by law to be service in the uniformed services ii. Upon request, provide a copy of official orders to the university’s Human Resources Department. iii. Notify the university when duty has been completed and the individual returns to their employment status at PNWU, in accordance with the requirements of the law. iv. It is preferred that the university receive a minimum of ten day notice prior to our employees’ departure, however, it is equally recognized that such is not always possible, thus the employee will make every effort to give PNWU as much lead time as possible. B. The University’s Responsibilities i. Support the service member’s service obligation. ii. For Duty greater than 72 hours, and if military pay is less than the university’s pay, PNWU will pay the difference to maintain the employee’s base salary at the university, replacing hours which would have been normally worked capped to six months. iii. When duty is less than 30 days, PNWU will continue health insurance and other fringe benefits the employee has in effect at the time he/she enters Active Duty status. If duty exceeds 30 days, then such benefits may be continued at the expense of the employee. When returning from Military Leave of any length, employee shall return to the same position the employee would have occupied had he/she remained on the job, including any promotions the employee would likely have received if he/she had remained continuously employed. Personal Leave - May be granted and applies to any employee who has completed three (3) months of continuous employment with the University. The employee’s right to return to work to the employee’s previous position, to an equivalent position, or to any position within the University shall not be guaranteed after 60 days of leave. Maximum of 6 months Leave of Absence for a legitimate need, such as arrange the affairs of an estate; catastrophe in the household; or other reason acceptable to the Department Director and the Director of Human Resources, or when employee is not eligible for WSDL, or FMLA. Bereavement Leave - The University provides bereavement leave to employees who need to take time off because an immediate family member has died. To ask for bereavement leave, see your supervisor. We will give you time off with pay to attend the funeral and make any necessary arrangements associated with the death. Typically, three days are approved for leave. If one must travel over 300 miles, up to five days may be granted with approval from the department head. 27 | P a g e We normally will give you bereavement leave unless there are business reasons that require you be at work. With your supervisor's approval, you can use any available paid leave benefits you have, such as vacation, if you need more time off. For bereavement leave, "immediate family" means your spouse, parent, child, brother, or sister; your spouse's parent, child, brother, or sister; your child's spouse; your grandparent or your grandchild. We will also consider requests for bereavement leave if someone dies who was as close to you as an immediate family member. Victim’s Leave – Allows victims of domestic violence, sexual assault or stalking to take reasonable or intermittent leave from work, paid or unpaid, to take care of legal or law enforcement needs or to get medical treatment, social services assistance or mental health counseling. Leave can be taken for self, child, spouse, parent, parent-in-law, grandparent, or person the employee is dating. Family members may take reasonable leave to assist a victim. On the Job Injury- Absences for on-the-job illnesses or injuries shall be treated as any other medical leave of absence. Employees who return to work in an L&I light duty position other than employee’s own position will remain on leave of absence from own position. Multiple Leaves - If eligible for more than one type of leave of absence at the same time, all types of leave shall run concurrently, for a maximum leave of 6 months (except for in cases of WA Disability Leave). Leaves may be taken on an intermittent or reduced leave schedule. For some types of leave, the employee and the Department Director must agree. Only actual time absent from work will be counted against actual leave of absence. Use of Vacation & Sick Time - Employees on a leave of absence must use accrued time off. Employee will not accrue Vacation or Sick time while on leave. Benefits While on Leave - Employees have the option of continuing benefits while on leave at their expense when the leave is unpaid. Failure to provide payment to Human Resources within 30 days will result in the benefits being cancelled and issuance of COBRA. If an employee chooses not to retain health plan coverage during Leave, he/she is entitled to be reinstated on the same terms as prior to taking the leave, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc. subject to plan health plan requirements. The leave may result in a break of service for purposes of seniority and vesting under the retirement plan. Vacation Donation – Vacation donations to another employee’s sick time bank may be granted in instances where an employee, who is benefit eligible, has exhausted all of his/her sick and vacation 28 | P a g e benefits and needs additional sick time off. Donations are made from person to person on an hour for hour pay period basis. The donor must maintain at least 60 hours of earned vacation time in his/her bank. Donation is voluntary and confidential. All requests for donation are made through Human Resources. Return From Leave - Two weeks advance written notice of intent to return from leave is required, except where a law or regulation provides otherwise. Failure to return at the end of leave or request an approved extension will be considered a voluntary termination. An employee’s job will be held as required by State and Federal Laws, such as FMLA. Otherwise, jobs are held to the length of the approved leave, not to exceed 60 days. Except where otherwise required by law, the University reserves the right to deny restoration to employees who fail to provide a required “fitness to return to duty” certificate or equivalent. Except where otherwise required by law, seniority date, performance appraisal date, salary review date, benefits accrual date will be delayed for any unpaid time exceeding thirty (30) days. The following chart is intended as a guideline and summary; individual statutes and regulations will apply. Leave Jury Duty Victim’s Leave Military Leave Family Military Definition PNWU believes in an employee’s civic duty and will release them from work to participate; provisions of state law also apply. Allows victims of domestic violence, sexual assault or stalking to take reasonable or intermittent leave from work, paid or unpaid, to take care of legal or law enforcement needs or to get medical treatment, social services assistance or mental health counseling. Leave can be taken for self, child, spouse, parent, parent-in-law, grandparent, or person the employee is dating. Per Federal Law Eligibility Counts Towards FMLA Use of Vacation or Sick All No No loss in base pay All No Vacation Military Personnel Spouses of military personnel can Work an average No No No loss in base pay – capped 6 mo.’s Vacation 29 | P a g e Leave for Spouses take up to 15 days unpaid leave of Deployed while their spouse is on leave from Military Personnel deployment, or before and up to deployment, during times of military conflict declared by the President of Congress. Employees who take family military leave are entitled to job protection and the same benefits under FMLA. Up to 12 weeks of combined paid and unpaid, job protected leave for certain family and medical reason calculated on a 12 month rolling period. Leave is for birth and care of the newborn child of employee, FMLA adoption or foster care, to care for an immediate family member (spouse, child, parent) with a serious health condition, leave due to a serious health condition due to an on the job injury. This law expands FMLA and allows the use of earned time off to care for a child, adult child, spouse, Family Care Act parent, part-in-law, or grandparent with a serious health or emergent condition. Female employees will be granted time off for the actual period of disability due to pregnancy or childbirth, as certified by a WA State Disability physician. Leave can be taken Leave intermittently or on a reduced work schedule determined by the health care provider, provided it can be accommodated by the employer. Spouse, parent, child, brother, or sister; your spouse's parent, child, brother, or sister; your child's spouse; your grandparent or your Bereavement grandchild. We will also consider Leave requests for bereavement leave if someone dies who was as close to you as an immediate family member. Shall be treated like any other On-the-Job Injury medical leave of absence unless of 20 hours per week or more. 1250 hours worked over previous 12 months Yes Sick time, then vacation All Counts Sick time, towards then FMLA if it vacation qualifies All Runs in Sick time, addition to then FMLA vacation After 3 months of employment .5 FTE or Greater No N/A All Yes Sick time, then 30 | P a g e there are specific legal requirements. Personal Leave May be granted to take care of an emergent situation. vacation to make a check whole if receiving worker’s comp benefits After 3 months of employment No Vacation EMPLOYEE ASSISTANCE PROGRAM PNWU will provide employees and their family’s appropriate resources through an Employee Assistance Program (EAP). EAP services shall be confidential. Only information specifically authorized by the employee or family member through a signed release of information may be shared by anyone. The EAP program will provide a counselor to assess the employee’s problem and help resolve it. Under the EAP, an employee or dependent family member may meet with the counselor up to four times if necessary per issue, per year, at no charge, to assess needs, develop a plan of action, and, if needed, provide the employee with problem-solving referrals. PNWU will not share information that the employee or family member is using the program. Procedure: When you call the Northwest Employee Assistance Program, 575-4313, you will be able to schedule an appointment without delay and without charge. (“No shows” for appointments will be charged a fee). At the time you make the appointment, please identify yourself as an Employee of PNWU. The receptionist will ask your name and a general description of the problem you want to discuss. This helps the Northwest Employee Assistance Program determine the right counselor for you. Employees are asked to schedule appointments at times which do not conflict with their work. However, you may request permission to meet with the EAP counselors during work hours. If you live outside the service area, we will arrange for you to be seen in the area in which you live. WORKER'S COMPENSATION INSURANCE Subject to legal requirements, workers' compensation insurance benefits begin after a short waiting period. If an employee is hospitalized, the benefits begin immediately. It is very important that an employee inform the supervisor immediately about any work-related injury or illness, regardless of how minor it might seem at the time. Prompt reporting helps to make sure that employees qualify for coverage as quickly as possible and allows the university to investigate the matter promptly. 31 | P a g e Workers' compensation covers only work-related injuries and illnesses. Neither PNWU nor its insurance carrier will pay workers' compensation benefits for injuries that might happen if an employee voluntarily participates in an off-duty recreational, social, or athletic activity that PNWU might sponsor. Employees that sustain on the job injuries may be subject to post accident drug screening. LENGTH OF SERVICE RECOGNITION All University personnel, .2 FTE or greater, receive service recognition upon completion of 5, 10, 15, 20, and 25 years of service. Procedure: 1. Recognition occurs annually in December during the Holiday celebration. 2. Recognition will include: a. Cash b. New badge and photo with “since 20…” printed on the badge c. Crystal desk plaque with years of service 3. Employees with 26 years of service will be recognized by invitation to the annual Club 25 luncheon. 4. Breaks in service of less than 6 months are adjusted and counted for service commitment. Breaks in service of more than 6 months are not counted. FITNESS MEMBERSHIP Faculty and staff, .5 FTE or greater, who attend a club, class or program dedicated to fitness or health and wish to be reimbursed, for the months in which they were employed, may submit proof of payment and attendance each July of every year and be reimbursed up to $20/month to pay for actual expenses for the prior 12 months. Approval of the club, class or program is at the discretion of the CFO and Director of Human Resources. PAY ADMINISTRATION PNWU is dedicated to a compensation structure that will attract and retain mission-driven, qualified, competent and experienced professionals to serve the interests of PNWU students and community. For faculty, long-term retention is not based on a tenure system, but rather contracts with renewable terms to serve the best interests of faculty and PNWU, and help recruit and retain high-caliber faculty. All PNWU employees and applicants selected for employment are covered by this program. PNWU may make decisions and adjustments that are not fully aligned with this policy where, in its sole discretion, doing so will meet the needs of the institution. Program Objectives • Define the responsibilities of each position through a written and current job description. • Provide a salary structure that provides flexibility for administering salaries that will attract, retain and motivate competent employees. • Pay salaries that are competitive with the market and reflective of employee knowledge, skills and performance. 32 | P a g e • Provide increases and adjust salaries within position ranges to remain competitive with the market and reflective of the level of individual employee performance. • Ensure salaries are administered in compliance with applicable federal and state regulations. Definitions: Exempt – The classification of positions that are exempted from the overtime provisions of the Fair Labor Standards Act. Nonexempt – The classification of positions that are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act and which pays overtime over 40 hours a week. Maximum of the Range – The highest dollar amount which will be paid for a position within the range. Midpoint of the Range – A point in the salary structure that is midway between the minimum and maximum of a salary range and that approximates the median rate in the labor market for similar work. Minimum of the Range – The least dollar amount that will be paid to a position assigned to that range. Non-Faculty Employment Status - Full Time is considered 40 work hours per week, or 1.0 FTE. Part Time is considered any regular work schedule/hours less than 40 per week or 1.0 FTE. Per Diem is any hours worked on an as needed basis, generally less than 8 hours per week. Effective Date - Unless otherwise specified, the effective date of salary changes will be the first day of the payroll period coinciding with or next following the action giving rise to the change. Salary changes for employees on leave of absences without pay will be implemented upon an employee’s return to work. Board Responsibilities • Review and approve the philosophy statement annually • Approve the salary administration annually • Require that the President and/or his designee perform salary surveys every three years, or additionally as needed, and determined by the President using approved sources listed in this document • Require that the President’s salary is independently reviewed by a compensation firm • To ensure that the University is in compliance with all laws and regulations, including IRS regulations imposed on non-profit entities. Management Responsibilities • Administer salaries in accordance with PNWU’s pay administration guidelines and ensure salary decisions are made without regard to an individual’s race, religion, color, sex, sexual orientation, gender identity, age, national origin, marital status, handicap, or other prohibited factors. • Assist in ensuring compliance with legal and contractual obligations. • Prepare and maintain valid, current, and accurate descriptions for all positions. Involve incumbents in revisions and updates to position description. • Coordinate market pricing requests. • Keep direct reports informed of salary guidelines affecting their pay. 33 | P a g e • Facilitate timely resolution to employees’ pay related issues and concerns. • Effectively manage performance through goal setting, feedback, evaluation and linkage with compensation. Employee Responsibilities • Raise salary related questions or concerns to supervisors for assistance in resolving problems quickly and fairly. • Provide input to the review, revision, update and/or re-evaluation of position description. Accurately report all vacation and leave time, and if nonexempt, hours worked Promptly identify any inaccuracies in reports or mistakes in payment A. Position Descriptions & Competencies. Position descriptions are PNWU’s official record of management’s assignment of duties and responsibilities. Clear, accurate descriptions facilitate management decision-making related to compensation and provide a basis for the following: • Evaluating job content for setting pay • Making pay comparisons with similar positions in other organizations • Establishing hiring and performance criteria • Establishing reasonable accommodations for applicants and employees with disabilities • Informing employees and management about performance standards and expectations • Facilitating competency assessment • Identifying training and development needs • Ensuring fairness and nondiscrimination in human resources and payroll administration A description is prepared and kept on file for each position in the University. The HR Department maintains the official position descriptions and is responsible for necessary coding and Fair Labor Standard Act evaluation. A standard format is used in the preparation of position descriptions and includes title, summary, essential functions and minimum requirements and qualifications. Employees provide input to the position description process and will be given a chance to review and suggest changes when updating the description before it receives final approval. Employees should receive a copy of their position description upon hire and when updated or revised. The President approves all position descriptions. Positions will be revised when there are major changes in the essential functions and/or accountabilities. Employees who think their position description contains inaccurate or out-of-date information should express their concern to their supervisor, who will coordinate any necessary adjustment with the HR Director. Position descriptions do not necessarily cover every task or responsibility that might be assigned, and do not limit management’s right to assign additional duties as needed. 34 | P a g e B. Market Pricing and Salary Structure PNWU uses a market pricing approach to compensation administration. PNWU surveys labor markets periodically to identify the market value of the organization’s jobs. The assessment does not measure or consider the personal qualifications, performance or current rate of pay of individual employees. Salary Structure PNWU’s salary structure consists of salary grades. Each position is placed in a salary grade based on its value in the marketplace, the applicant’s experience, equity within the salary grade, cost of living, and consideration for one’s previous rate of pay. Jobs where market data are not readily available will be slotted into the salary structure based upon internal evaluation. Analysis of the internal relationships among positions will ensure that appropriate levels of internal equity are maintained. Each grade has minimum, midpoint, and maximum pay rates, with the distance between the minimum and the maximum rates constituting the grade’s range. The salary ranges taken together comprise PNWU’s salary structure for nonexempt and exempt positions. The dollar limits specified for different grade ranges will reflect survey data on the pay practices of other employers. Once a position’s salary grade and range have been established, salary rates can then be determined. PNWU’s salary structure is considered proprietary information. Employees are entitled to know their salary grade and range and for career advancement purposes, and the range for the next higher grade. Job postings also include the salary range of the vacant positions. Labor Market Surveys Salary ranges in PNWU’s salary structure are developed and maintained through the use of labor market surveys. Typically, our external market for exempt employees is regional and national, and local for nonexempt. PNWU uses salary surveys to: • Determine where our salary rates for certain positions stand in relation to the labor market. • Determine how competitive our starting salaries are in relation to those elsewhere within our market. • Determine the percentage and amount to allocate for salary increases. Survey Process • Survey data will be adjusted to a common point in time, usually six months from the beginning of our fiscal year. • PNWU will conduct salary surveys as needed to maintain the competitiveness of our pay ranges, at least every three years. • PNWU will compare its positions to published salary data in order to establish the basis for how jobs are placed into the salary structure. • Published surveys will be selected for use in labor market studies based on their ability to reflect the labor market in which PNWU must compete. Criteria for selection will include: ◦ Reasonability of job descriptions ◦ Timely and documented dates for data collection ◦ Inclusion of survey participant names ◦ Thorough array of descriptive statistics ◦ Independence of survey publisher 35 | P a g e ◦ Use of accepted salary survey methodology Typical resources for market evaluation include: College and University Professional Association for Human Resources (CUPA), The Chronicle for Higher Ed, American Association of Medical Colleges (AAMC), American Association of University Professors (AAUP), Like Universities (Whitman, CWU, Nova Southeastern University), HEC-B WA Universities, and other Colleges of Osteopathic Medicine. C. Salary Changes Salaries of employees may be changed to provide annual individual increases or adjusted in response to market conditions, pay compression problems or similar equity issues that cannot be adequately corrected through normal salary increases. • All salary increase actions are contingent upon funds made available through the salary increase budget. • Annual performance increases are generally effective at the beginning of the first full pay period of each fiscal year for eligible employees who have 9 months or greater of employment history. Eligible employees who have less than 9 months receive a pro rata increase. Types of Changes Performance increases – A change in base salary in the form of a merit increase resulting from recognition of an employee’s contribution to the overall successful performance of the office. Temporary, adjunct and employees with non-guaranteed hours typically are not eligible for salary increases. Leave of Absence (LOA) – Performance increases for employees on a leave of absence without pay generally become effective on the date the employee returns to work. Implementing an increase in an LOA without pay situation will be reviewed for appropriateness on a case-by-case basis. If the employee is receiving pay, the increase becomes effective on the common date established for all employees. Promotions and Reclassifications - An employee promoted to a higher graded position or whose position is reclassified to a higher salary grade, may be given an increase commensurate with the new responsibilities as defined in the position description. Except in extraordinary circumstances, the new salary should not be in excess of salaries paid to other incumbents in similar positions. Acting appointments – Temporary upgrade to a higher graded position. An increase in pay is given for the duration of the appointment when an employee is assigned to the higher graded position for at least three months (90 days). Faculty appointments Re-Classification increases - An increase given when a job changes enough to warrant an adjustment to pay. Downgrades - An employee may move to a lower-graded job because of performance issues, reorganization, position re-classification, etc. In these cases, the employee’s salary may be reduced to 36 | P a g e an amount that does not exceed the maximum of the new grade range. Consideration of salary reduction in a downgrade situation will be reviewed for appropriateness on a case by case basis by the President. Lateral Transfers - The salary of an employee transferred to a position of the same grade will not be changed. Other increases – Special salary actions may be implemented to correct specific conditions or to resolve salary problems that cannot be corrected by other salary increases. Such adjustments should not adversely affect morale or base salary relationships among employees within the office. D. Salary Determination The salary ranges within PNWU’s salary structure provide the framework within which salary determinations are made. The objective is to pay starting salaries that are competitive but not excessive relative to the market or internal pay within the office. Paying Salary Range Minimum The minimum is the lowest salary paid an employee in a particular salary range. PNWU has established a practice of starting employees at or above the minimum of the salary range. A salary above the minimum should be considered only when the individual’s prior experience and salary history would justify the higher rate. Paying Salary Range Middle The middle third of the salary range reflects an appropriate rate of pay for fully experienced employees who meet all requirements for their positions. It also is considered the upper limit for “hire-in” salaries. The length of time involved in reaching the middle third of the range depends on the learning and experience necessary to fully master the job. An individual should be hired in this area only when a very brief learning interval is expected or when the individual is fully competent to perform all job duties. Paying Salary Range Maximum The maximum represents the highest level of salary paid for a position. Employees paid at this level have generally been employed at PNWU for a considerable length of time and consistently have exceeded performance expectations. Salary Rates • It is PNWU’s intent to pay salaries that are equitable and within established salary ranges. Occasionally, however, an employee’s salary may exceed the maximum or be less than the minimum of the appropriate salary grade for reasons such as a range adjustment or a move to a lower graded position without a salary change. Paying salaries above and below the salary grade requires approval by the President. 37 | P a g e • Salaries above the maximum of a salary range are “red circled.” An employee whose salary is red circled is not eligible for a salary increase until the salary structure is adjusted and his/her salary is again within the range of the grade. • Salaries below the range minimum are “green circled.” Special attention will be given to bring an employee’s salary within the range as quickly as reasonably possible. • PNWU strives to maintain a fair differential between the salary of supervisors and their highest paid direct reports. Pay compression issues that do arise will be evaluated on a case-by-case basis. New Hire Starting Salaries Salary offers to new hires are coordinated through the President and will take into consideration the following factors (considering these factors could very well result in a starting salary above the minimum of the job’s grade; any new hire offer above the midpoint of the range should be carefully reviewed and documented): • The individual’s job-related experience and training • Salary history • Salaries paid to others in similar positions • Labor market information • Temporary Employees • Starting salaries for temporary employees shall be paid on the same basis as starting salaries for other new hires E. Salary Increase Planning Annually the President will review salaries and market data to prepare recommendations for the salary increase budget for the next fiscal year and for incorporation into the overall operating budget. The recommendations will consist of increases for merit, promotion and adjustment based on a percentage of base payroll of nonexempt and exempt employees. These recommendations will be approved as part of the annual operating budget planning process. • Salary increases are implemented on a fiscal year • Temporary employees typically are not eligible for salary increases • Individual salary increases/changes are documented There are several factors that will determine the amount of increase awarded to each employee. They are identified below. • Performance for the prior year will be a significant element. • The second factor that affects the increase is where the employee’s current rate of pay is within the range. • The final consideration is management’s assessment of the magnitude of increase to award considering market conditions, performance variations, the need to get a particular individual closer to the range midpoint, etc. 38 | P a g e F. Other Compensation Consulting and Outside Employment PNWU encourages faculty activities that both enhance the University and contribute to faculty professional growth and development, while at the same time recognizing that full-time faculty have numerous duties and obligations to the University. Consequently, decisions regarding full-time faculty consulting and outside employment will be made on an individual basis in consultation with the COM Dean. In all situations, it may not cause a conflict of interest. Paydays Paydays are every other Friday for a total of 26 pay periods a year. Exempt Pay Deductions Deductions from an exempt employee’s pay must be approved in advance by Human Resources. Any improper deductions should be reported to Human Resources immediately. Proper deductions may include, vacation/sick time, no work for the entire week, FMLA eligibility, and disciplinary actions for absences for violations of safety rules of major significance. Overtime Overtime is paid only to nonexempt personnel and after 40 work hours per week. There may be times when PNWU cannot meet its operating requirements or other needs during regular working hours. If this happens, we may schedule employees to work overtime hours. When possible, we will try to give you advance warning of a mandatory overtime assignment. It is our policy that no overtime can be worked without the approval and authorization of the supervisor. We try to distribute overtime assignments fairly among all employees who are qualified to perform the required work. Nonexempt employees will receive overtime pay in accordance with the federal and state wage and hour laws. Overtime pay is based on the actual hours worked. For this reason, time off for sick leave, vacation, and other paid or unpaid leaves of absence is not counted as hours worked when calculating overtime pay. On Call The Information Technology Services and Facilities departments may receive requests for service that occur outside the normal departmental working hours, As such, designated employees may be called after working hours when staff are normally scheduled. On-call employees may be asked to resolve a problem by phone or remote access or be requested to report to work to resolve it. On-call personnel will perform work only authorized by their supervisor. Employees seeking services from on-call personnel must use the call procedures established by the department. Employees are not required to remain on campus or in any certain location while on call, but should be available to respond to telephone requests and/or arrive on campus within a reasonable period of time and in a “fit” condition. For a definition of “fit” please consult with Human Resources. 39 | P a g e The department recognizes that often issues/problems may be able to be resolved remotely and as such classifies and compensates for those resolutions differently. In the event that a non-exempt employee receives a request to perform work outside their normal working hours, the employee will be compensated as follows: Phone/computer resolution Phone/computer resolution Phone/computer resolution Respond to Campus Respond to Campus Respond to Campus 1st Call 2 Call, same issue 2nd Call, new issue/problem 1st Response 2nd Response, same issue 2nd Response, new issue nd 1 hour – plus actual hours worked Actual hours worked 1 hour – plus actual hours worked 2 hours – plus actual hours worked Actual hours worked 2 hours – plus actual hours worked All designated “on-call” employees will receive 1 hour of pay for each day they are on-call. This time is not considered hours worked and will not be used in any overtime calculations. This compensation is separate from any call-in compensation described above. Compensation for on-call shall be denoted separately on the employee’s timesheet. Meal Periods Employees normally receive one unpaid one-hour meal break per shift of five or more hours. Personnel scheduled for less than five hours of work may be given a meal period if convenient to the needs of the department. Employees are completely relieved from duty during the meal period; if a meal period is interrupted by duties, the employee should promptly report that interruption to his/her supervisor and/or to Human Resources. Rest Breaks Employees are eligible for a minimum of one, ten-minute paid rest period during each four full hours of work. Rest break time may not be accumulated or combined with another rest or meal break or used to change the beginning or ending of work time. PERSONAL PROFESSIONAL DEVELOPMENT The university provides funding for professional development activities such as, continuing education, membership, dues, subscriptions and technological equipment. Professional Development Funds Professional development funds are to be used for continuing education, membership, dues, subscriptions, and technological equipment. Full time employees who hold a medical license which require CME credits are entitled up to $5,000 per year under the category of Professional Development. Full time Directors, Department Heads and teaching staff who do not hold a medical license are allowed up to $2,000 per year under the category of Professional Development. 40 | P a g e Full time employees who hold a professional license which require continuing education are entitled to 10 paid days annually for CE. It is up to the employee to track and monitor required CE credits. All allocated amounts and time away are pro-rated for employees with an FTE of .5 or greater, based on FTE. EDUCATION ADVANCEMENT Any employee, .5 FTE or greater who has completed one full year of service, can apply for educational advancement funds to supplement the cost of tuition or fees for an approved educational opportunity. Funds will be made available on a case-by-case, first-come first-served basis, and require an employment commitment by the employee or a pro rata pay back if employment is ended before the commitment is satisfied. The commitment time-period is calculated from the time of the fund disbursement. Disbursements are a loan which is forgiven pro rata over time, and are made upon proof of payment and documentation that the class/training is satisfactorily completed. Satisfactory completion generally requires a C or better (or the equivalent). Request for reimbursement must be made within 60 days of completion of the class/training. The amount of disbursement will generally be 60% of tuition and fees as follows: • Doctorate Level Attainment: not to exceed $5,000 per fiscal year with a three year commitment • Bachelor’s or Master’s Level Attainment: not to exceed $2,500 per fiscal year with a two year commitment • Other Approved Programs: other programs may be approved on a case by case basis by the President’s Council, such as, Fellowships, Certifications etc. Please note: the University must comply with IRS regulations; therefore, disbursements may be subject to taxation. Additionally, this opportunity is based on the University’s overall budget. Procedure: 1. Employee applies for funding support by completing the Educational Advancement Request at least 60 days prior to the course/training date 2. The Supervisor/Chair/VP for Academic Affairs reviews the request and upon endorsement, forwards the request to the Director of HR 3. The Director of HR confirms eligibility and forwards the request to the President 4. The President reviews the request with the President’s Council who make the final decision 5. The HR Director notifies the employee of acceptance or denial within 30 days of the request 6. Upon completion of the course/training the Employee completes the Travel and Expense Request, attaches documentation of prior payment and acceptable receipt of grades and turns it into Human Resources 7. Upon reimbursement, the Employee signs the Loan Repayment Agreement promising pro rata repayment should he/she not complete the service commitment. 41 | P a g e 42 | P a g e CONDUCT AND WORK RULES ETHICAL CONDUCT Ethical conduct affects PNWU’s reputation and success. PNWU requires employees to carefully follow all laws and regulations, and have the highest standards of conduct and personal integrity. Employees, who use good judgment and follow high ethical principles, will make the right decisions. However, if an employee is not sure if an action is ethical or proper, the employee should discuss the matter openly with his/her supervisor. If necessary, the employee may also contact the Human Resources Department for advice and consultation. Examples of ethical behavior include, but are not limited to: • • • • • • • Act with honesty, integrity and independence, avoiding actual or apparent conflicts of interest Discuss in advance with the appropriate level of authority any transaction that reasonably could be expected to give rise to a conflict of interest or to the appearance of a conflict of interest Provide full, fair, accurate, complete, objective disclosures when appropriate Comply with University policies and procedures Act in good faith with due care, diligence and without knowingly misrepresenting material facts or allowing their better judgment to be subordinated Protect and respect confidential information Responsibly control assets Faculty and staff work to promote the highest ethical standards throughout the PNWU organization and this should be apparent to students/customers, community members, and stakeholders. It is imperative that all members of the PNWU organization act in a manner that will earn the continued trust and confidence of the public. As an organization, PNWU will comply with all applicable laws and regulations. PNWU expects all employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws. Students/Customers are very important to PNWU. Every employee, whether faculty or staff, represents PNWU to students/customers. PNWU students/customers judge PNWU by how they are treated. One of the highest priorities at PNWU is to help any students/customers or potential students/customers. Nothing is more important than being courteous, friendly, prompt, and helpful to students/customers. An employee’s contact with the public, telephone and email manners, and any communications with students/customers reflect not just on the employee but also on the professionalism of PNWU. Good relations can build greater student/customer loyalty and increase the effectiveness of the organization to meet its mission. It is the responsibility of every PNWU employee to comply with this policy. Employees who ignore or do not comply with this standard may be subject to disciplinary action, including possible termination of employment. While it is impossible to list every action that is unacceptable conduct, the following lists some examples: 43 | P a g e Theft or inappropriate removal or possession of property Falsification of time keeping records Working after the consumption of alcohol or illegal drugs or while impaired Possession, distribution, sale, transfer, or use of alcohol of illegal drugs in the workplace, while on duty, or while operating employer-owned vehicles or equipment or otherwise violating PNWU's drug and alcohol policy Fighting or threatening violence in the workplace Negligence or improper conduct leading to damage of employer-owned property or the property of others Insubordination or other disrespectful conduct Violation of safety or health rules Smoking in prohibited areas Sexual or other unlawful or unwelcome harassment Inappropriate behaviors, activities or conduct with students including violations of professional boundaries Possession of dangerous or unauthorized materials, such as explosives, in the workplace Possession of dangerous weapons Excessive absenteeism or tardiness, or any absence without notice Unauthorized absence from workstation during the workday Unauthorized use of telephones, mail system, or other employer-owned equipment Unauthorized disclosure of business “secrets” or confidential information Violation of personnel polices Violation of conflict of interest policies Unsatisfactory performance or conduct Because employment with PNWU is voluntary and at will, an employee may terminate employment at any time, with or without cause or advance notice. Likewise, PNWU may terminate the employee’s employment at any time, with or without cause or advance notice. PROGRESSIVE DISCIPLINE Although employment is based on mutual consent and both the employee and PNWU have the right to terminate employment at will, with or without cause or advance notice, PNWU may use progressive discipline at its discretion. Disciplinary action may be any of the following four steps: 1) verbal warning, 2) written warning, 3) suspension with or without pay, or 4) termination of employment. PNWU will consider the severity of the problem and how often it has happened. There may be circumstances when one or more steps are bypassed, or where different action is appropriate. Some situations justify more serious discipline which could include termination of employment. PNWU reserves the right to make disciplinary decisions and may elect not to use progressive discipline. Normally such action will be used for more serious acts of misconduct. 44 | P a g e By using progressive discipline, PNWU hopes that most employee problems can be corrected at an early stage, benefiting both the employee and PNWU. PROBLEM RESOLUTION PNWU tries hard to ensure fair and honest treatment of all employees. PNWU expects supervisors, managers, and employees to treat each other with mutual respect. PNWU encourages employees to give positive and constructive criticism to each other. If an employee disagrees with PNWU rules of conduct, policies, or practices, the employee can state his/her concerns through the problem resolution procedure described in this policy. An employee will not be penalized, formally or informally, for making a complaint as long as it is done in a reasonable, business-like manner. An employee will also not be penalized for using this problem resolution procedure and can utilize this procedure without fear of retribution. Procedure: If a situation occurs where an employee believes a condition of employment or a decision that affects the employee is not fair, or observes a business practice or treatment that is not appropriate, the employee is encouraged to use the following problem resolution steps. The employee may stop the procedure at any step. 1. 2. 3. 4. 5. 6. 7. The employee presents the problem to his/her supervisor in writing after the incident occurs, or as soon as possible. If the supervisor is unavailable or the employee believes it would be inappropriate to discuss it with the supervisor, the employee may present the problem to the Human Resources Director. The supervisor responds to the problem during discussion or after consulting with appropriate administration, when necessary. The supervisor documents the discussion. The employee presents the problem to the Human Resources Department if the problem is not resolved. The Human Resources Department counsels and advises the employee, helps the employee to put the problem in writing, visits with his/her supervisor, if necessary, and directs the employee to the appropriate Chief Officer or Dean of the University for review of the problem. The employee presents the problem to the appropriate Chief Officer or Dean of the University in writing. The Chief Officer or dean reviews and considers the problem. The Chief Officer or dean informs the employee of the decision and forwards a copy of the written response to the President of the University. The President of the University has full authority to make any adjustment that is determined to be appropriate to resolve the problem. The employee may appeal to the Board of Trustees by providing written documentation of the issue or violation, the steps taken, and the remedy the employee is seeking. The Board, or appointed trustees, will make a decision which can include asking the employee to appear before the board for discussion, or uphold decisions that have already been made. 45 | P a g e Not every problem can be resolved to everyone's total satisfaction. However, PNWU believes that honest discussion and listening to each other will build confidence between employees and management and help make PNWU a better place to work. Use of Confidential Hotline If an employee feels uncomfortable using the process outlined above, the employee may report concerns to the confidential hotline while still following the guidelines regarding the manner and appropriateness of the complaint. The hotline is reviewed weekly by the Human Resources Director. At no time will there be an attempt to identify the caller; utilization of this procedure can be done without fear of retribution. The number is 509-249-7787. WHISTLEBLOWER PROTECTION This policy is intended to protect faculty, staff, student employees and volunteers who make good faith disclosures of alleged wrongful conduct to a designated University official or public body. More specifically it: 1. 2. 3. 4. encourages individuals to disclose wrongful conduct engaged in by others to the appropriate University official so that prompt, corrective action can be taken by the University, informs individuals how allegations of wrongful conduct can be disclosed, protects individuals from reprisal by adverse employment action or other retaliation as a result of having disclosed wrongful conduct of others (individuals who self-report their own misconduct are not afforded protection by this policy), and provides individuals who believe they have been subject to reprisal or false allegations a fair process to seek relief from these acts. As used in this policy: A. Wrongful Conduct means a serious violation of University policy; a violation of applicable state and federal laws; or the impermissible use of University property, resources, or authority for personal gain or other non-University related purpose except as provided under University policy, where engaged in or believed to have been engaged in by a person who is not the disclosing individual. B. Protected Disclosure means a communication about actual or suspected Wrongful Conduct engaged in by a University employee, student, volunteer, agent, or contractor (who is not also the disclosing individual) based in fact on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or University policy. Individuals who are aware of or have reason to suspect Wrongful Conduct should report the conduct to the appropriate University official or use the problem resolution steps described in this handbook. Disclosing individuals must provide a written report that provides sufficient detail to identify and describe the violation. Any communication that proves to have been both unsubstantiated and made with malice or with knowledge of its falsity is not protected by this policy. This policy is also intended to protect individuals against false allegations of wrongful misconduct. 46 | P a g e C. Retaliation – Adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure. Individuals who become aware of Wrongful Conduct are encouraged to report such conduct pursuant to the provisions of this policy. Protected Disclosures may be made on a confidential basis or may be submitted anonymously through the University’s reporting line, 509-249-7787. Protected Disclosures and investigatory records will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. The Office receiving the Protected Disclosure will notify the disclosing individual (if her or his identity is known) and acknowledge receipt of the reported violation or suspected violation within ten working days for most issues and within 24 hours for alleged criminal or environmental violations. All reports will be promptly investigated within 45 calendar days and appropriate corrective action will be taken if warranted by the investigation. An individual who knowingly or with reckless regard for the truth gives false information or knowingly makes a false report of Wrongful Conduct or a subsequent false report of retaliation is not protected under this policy and will be subject to disciplinary action, up to and including termination. Any student who makes false allegations in the non-employment setting will be subject to judicial action. The fact that an allegation is not substantiated will not result in corrective action if it is made in in good faith. PNWY prohibits harassment, retaliation, or adverse employment consequences against individuals because of their making a Protected Disclosure. Any person who harasses, retaliates, or takes adverse employment action against any individual who makes a Protected Disclosure is subject to discipline up to and including termination. However, nothing in this policy limits the right of PNWY to make legitimate employment decisions. SEXUAL AND OTHER MISCONDUCT (INCLUDING HARASSMENT, STALKING, BULLYING, AND INTIMIDATION) It is the policy of this University that all employees shall have the right to work in an environment free from any form of unlawful discrimination and harassment on the basis of race, disability, national origin, or other categories protected by law. Sexual harassment is constituted as discrimination and is prohibited by state and federal laws. Therefore, it is the position of this University that sexual harassment will not be tolerated. It is a violation of University policy for any supervisor or employee, male or female, to engage in sexual harassment as defined below. Such conduct will result in disciplinary action up to and including dismissal. This policy applies to all PNWU programs and activities. Definitions – sexual or related misconduct can be in many different forms as defined below. Sexual Harassment 47 | P a g e Unwelcome, sex or gender-based verbal or physical conduct that is Sufficiently severe, persistent or pervasive such that it o Unreasonably interferes with, limits or deprives someone of education or employment access, benefits or opportunities, and/or the ability to participate in or benefit from the university’s educational program and/or activities, and is… o Based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation Examples may include, but are not limited to: o Unwanted sexual advances o Offering benefits/advantages in exchange for sexual favors o Making threatening reprisals after a negative response to sexual advances o Visual conduct, such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters o Verbal conduct, such as making derogatory comments, epithets, slurs, sexually explicit jokes, or sexual comments about a student’s body or dress o Sexual conduct that has the purpose or effect of unreasonably interfering with an individual’s academic performance or creating an intimidating, hostile, demeaning, or offensive academic or living environment o Verbal sexual advances or propositions o Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, or invitations o Physical conduct, such as touching, assault, or impeding or blocking movement Hostile Environment Any situation in which there is: harassing conduct based on sex or gender o that is severe and o pervasive or persistent o and objectively offensive such that it alters or interferes with the conditions of education or employment or denies or limits a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint Although a hostile environment occurs when conduct is objectively and subjectively severe, pervasive or persistent, persons exposed to or who witness harassing conduct based on sex or gender should not wait to report it until it becomes severe or pervasive or persistent. PNWU can take action to prevent the continuation of such conduct, intervene so that the conduct does not escalate, and introduce measures to protect persons targeted by such harassment. Quid Pro Quo Sexual Harassment Exists when there are: 48 | P a g e Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and Submission to or rejection of such conduct results in adverse educational or employment action Retaliatory Harassment Is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct Also includes retaliation against the complainant by the respondent or by the respondent's friends or others who are sympathetic to him/her Also can include retaliation directed toward a 3rd party because of his/her participation in a complaint process or for supporting a party Non-Consensual Sexual Contact is: Any intentional sexual touching However slight With any object By one person upon another person That is without consent and/or by force Sexual Contact includes: o Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; OR o any other intentional bodily contact of a sexual manner Non-Consensual Sexual Intercourse is: Any sexual intercourse However slight With any object By one person upon another person That is without consent and/or by force Non-Consensual Sexual Intercourse includes: Vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact Sexual Exploitation Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited (and that behavior does not otherwise constitute one of other sexual misconduct offenses.) Examples of sexual exploitation include, but are not limited to… 49 | P a g e o o o o o o o o Invasion of sexual privacy Prostituting another person Non-consensual recording or broadcast of sexual activity Going beyond the boundaries of consent (such as letting someone hide in the closet to observe consensual sex) Engaging in voyeurism Knowingly exposing another to an STD or HIV Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals Sexually-based stalking, bullying and cyber-bullying may also be forms of sexual exploitation Stalking Is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear Bullying & Cyber-bullying Bullying and cyber-bullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally [and are not protected by freedom of expression] It often includes comments about race, color, national origin, sex, sexual orientation or disability It often involves an imbalance of power, aggression, and a negative repeated behavior Falls within Title IX when gender-based Relationship Violence Violence between those in an intimate relationship to each other Other terms include interpersonal violence, dating violence, domestic violence, intimate partner violence Always involves another Code violation If based on gender/sex would fall within Title IX Other Misconduct Offenses That May Require Title IX Based Response Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person based on that persons sex Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender; Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another Any rule violated on the basis of the victim’s sex/gender, which is severe enough to cause a discriminatory effect Consent to engage in sexual activities can be defined as: Informed (knowing) 50 | P a g e Voluntary (freely given) Active (not passive) Clear words or actions Indicates permission to engage in mutually agreed upon (sexual) activity No means no, but nothing also means no; silence and passivity do not equal permission To be valid, consent must be given prior to or contemporaneously with the sexual activity; past consent does not imply future consent Consent can be withdrawn at any time, as long as that withdrawal is clearly communicated by the person withdrawing it There is no consent if a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, such as may occur as a result of impairment or incapacitation due to alcohol or drug consumption, sleep or unconsciousness. Similarly, there is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Off-Campus Conduct Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus. Reporting Misconduct and Adjudication Any employee, who believes he/she has experienced such conduct by anyone, including a supervisor, co-worker or by persons doing business with or for this University, should tell the offender that such conduct is unwelcome and unacceptable. If the offensive behavior does not stop, or if the employee is uncomfortable confronting the offender, the employee must immediately report such conduct to his/her immediate supervisor or to either university administrative officer, Vice President/Chief Academic Officer or the Vice President/Chief Financial Officer. Any employee who believes they have witnessed or been told by someone that harassment has occurred must report it as well. This University prohibits retaliation against any employee who complains of harassment or who participates in an investigation. All aspects of the complaint-handling procedure will be handled as confidentially or discreetly as reasonably possible. However, it may be necessary to include others on a need-to know-basis and confidentiality cannot be promised. All incidents of prohibited harassment that are reported will be investigated. The University Administrative Officers listed above will immediately undertake or direct an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed as soon as practicable and a determination regarding the reported harassment will be made and communicated to the employee who complained and to the accused harasser. If a complaint of prohibited harassment is substantiated, appropriate corrective action, up to and including discharge, will be taken. Appropriate action will also be taken to correct the effects of the harassment and to deter any future harassment. Protecting Yourself from Sexual Assault 51 | P a g e Sexual assault is a serious concern that affects both women and men. Research shows that rape or attempted rape affects one in six college women at least once during their college years. Approximately 84% of all sexual assaults are committed by someone the victim knows and 90% of date or acquaintance rapes involve alcohol. Although personal safety can never be guaranteed, there are steps you can take to reduce your risk of being the victim--or perpetrator--of sexual assault. Remember, you are much more likely to be sexually assaulted by someone you know than you are to be assaulted by a stranger. Things you can do: 1. Be aware of what is happening around you. Stay alert. Don't become drunk or drugged. 2. Decide what you do and do not want to do before get together with a potential sexual partner. Think about how to communicate this to your date. 3. Communicate your limits firmly and directly. Don't assume that your date will automatically know how you feel, or will eventually "get the message" without you having to tell them. If you say "NO", say it like you mean it. Don't give mixed messages. 4. Act in a way that shows you value yourself. Respond assertively to any even minor acts of sexual harassment or disrespect. Do not allow others to violate your personal space. 5. Guard your drink at all times. 6. Do not allow yourself to be taken into secluded settings. Always arrange alternate transportation home in case you need it. 7. Let others know where you are going. 8. Trust your instincts and get out of any situation that feels wrong. 9. Do not assume that someone who has been non-violent in the past will never be violent. 10. Don't be afraid of not being liked by someone who won't respect your feelings. 11. Use a buddy system to watch out for each other. Go home with the friends you went out with. 12. Stick with your friends. 13. Make a plan before you go. Set up checkpoints or use code words to make it easy for you and your friends to stay connected. 14. Don’t accept a drink from anyone – unless you can watch the bartender pour it. 15. Don’t share drinks. 16. Don’t drink anything that tastes strange. 52 | P a g e 17. Avoid clubs or parties that charge men but let women enter and drink for free. 18. Always keep your cell phone charged and on you. You never know when you will need it. 19. Avoid being alone with an unfamiliar person, especially when alcohol is involved. If you are alone, make sure that your friends know where you are and how long you’ll be gone. 20. Be aware of the effect of alcohol on your body. Alcohol interrupts the ability to make sound decisions and impairs your ability to communicate clearly. CONFLICT OF INTEREST AND DISCLOSURE The purpose of this policy is to define the conflict of interest and disclosure process for PNWU. This policy is designed to ensure that those interests are disclosed and that they do not interfere with the impartiality of the individual or outweigh their overarching duty to secure and ensure the academic and fiscal integrity of the institution. Policy: The university and its Board of Trustees have an affirmative duty to identify, disclose and manage conflicts in conformance with this policy and the law. The Board of Trustees, employees, and students shall disclose any conflict of interest. A conflict of interest includes remuneration, contractual relationships, employment, and family, financial or other interest that could pose conflicts of interest. University Officials are prohibited from accepting from third parties (including staff, faculty or students) gifts, favors, services or anything of value in a situation where decision-making or actions affecting the University may be influenced. University Officials are prohibited from providing to third parties (including staff, faculty or students) gifts, favors, services or anything of value in a situation where decision-making or actions affecting the third party recipient may be influenced. Notwithstanding the previous, gifts of nominal value, or gifts customarily given and generally viewed as appropriate in the business, may be accepted without violation of this provision. University Officials shall exercise good judgment in making this determination, and should seek additional guidance in the event there is any question as to whether a particular gift violates this policy. Procedure: It is your duty as an employee of PNWU to follow the guidelines regarding conflicts of interest. If this is not clear to you or if you have questions about conflicts of interest, or need to report one, contact the Human Resources Department. What is a conflict of interest (COI)? An actual or potential COI is when you are in a position to influence a decision or have business dealings on behalf of PNWU that might result in a personal gain for you or for one of your relatives. For COI, a relative is any person who is related to you by blood or marriage, or whose relationship with you is similar to being a relative even though they are not related by blood or 53 | P a g e marriage. We do not automatically assume that there is a COI if you have a relationship with another University. However, if you have any influence on transactions involving purchases, contracts, or leases, you must tell an officer of PNWU as soon as possible. By telling an officer that there is the possibility of an actual or potential COI, safeguards can be set up to protect everyone involved. The possibility for personal gain is not limited to situations where you or your relative has a significant ownership in a firm with which PNWU does business. Personal gains can also result from situations where you or your relative receive a kickback, bribe, substantial gift, or special consideration as a result of a transaction or business dealing involving PNWU. This would also include COI related to research projects. Gifts from Students and Others With regard to all employees and faculty, PNWU strives to be above reproach in all matters. This includes perceptions of fairness and objectivity. Faculty members in particular must not use their position, authority, or relationship with students to obtain uncompensated labor for their own personal or economic gain. Faculty and staff may not ask students to perform services unrelated to legitimate academic activities unless the student is adequately compensated for such services. Faculty members must not solicit gifts or favors from students. Faculty and staff must not accept gifts or favors where they have reason to believe that such gift or favor is motivated by a desire to secure some academic advantage. Therefore, PNWU employees, including faculty, must not accept personal gifts beyond the small token of appreciation from students. Neither should gifts beyond the token of appreciation be accepted from firms with which PNWU does business. In every circumstance, faculty members should avoid accepting even token gifts from students prior to submission of grades for those students, or completion of supervision. Additional Conflicts of Interest – Related to Financial Aid and Accounting 1. The University bans revenue-sharing arrangements with any lender. This is defined as any arrangement between a school and a lender that results in the lender paying a fee or other benefit, including a share of the profits, to the school, its officer, employees or agents, as a result of the school recommending the lender to its students or families of those students. 2. The University bans employees of the financial aid office receiving gifts from any lender, guaranty agency or loan servicer. This excludes: a. Brochures or training material related to default aversion or financial literacy. b. Food, training or informational materials as part of training as long as that training contributes to the professional development of those individuals attending the training. 54 | P a g e c. Favorable terms and benefits to the student employed by the institution as long as those same terms are provided to all students at the institution. d. Entrance and exit counseling as long as the institution’s staff are in control and they do not promote the services of a specific lender. e. Philanthropic contributions from a lender, GA or servicer unrelated to education loans. f. State education, grants, scholarships, or financial aid funds administered by or on behalf of the State. 3. The University bans contracting arrangements whereby any employee of the school’s financial aid office may not accept any fee, payment or financial benefit as compensation for any type of consulting arrangement or contract to provide services to or on behalf of a lender relating to education loans. 4. The University prohibits steering borrowers to particular lenders, or delaying loan certifications. This includes assigning any first-time borrower’s loan to a particular lender as part of their award packaging or other methods. 5. The University prohibits offers of funds for private loans. Schools may not request or accept such offers. This includes any offer of funds for loans to students at the institution, including funds for an opportunity pool loan, in exchange for providing concessions or promises to the lender for a specific number of loans, or inclusion on a preferred lender list. 6. The University bans staffing assistance from a lender. Schools may not request or accept any assistance with call center staffing or financial aid office staffing. This excludes: a. Professional development training for financial aid administrators. b. Providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that assisted in preparing or providing such materials. c. Staffing services on a short-term, nonrecurring basis to assist the school with financial aidrelated functions during emergencies, including State-declared or federally declared natural disasters, and other localized disasters and emergencies identified by the Secretary. 7. The University bans advisory board compensation. Employees of the institution may not receive anything of value from a lender, guarantor, or group in exchange for serving in this capacity. They may, however, accept reimbursement for reasonable expenses incurred while serving in this capacity. Additional Conflicts of Interest - Related to Pharmaceuticals or similarly related Industry 1. Gifts: gifts or gratuities offered by industry to specific individuals are prohibited 2. Meals: meals may be accepted when brought on site for groups to enjoy which do not create an advantage for industry 55 | P a g e 3. Training/Consulting, Travel and CME: Industry support for travel stipends, educational scholarships and visiting professorships may only be provided in the form of unrestricted educational grants with monies going directly into an educational account and not directly to specific individuals. Any training activities must be clearly differentiated from sales activities. All content must be controlled by the University. 4. Samples, Supplies, and Medical Equipment: A written letter of agreement must accompany any such items clarifying the intention of such donation and that no quid quo pro is expected. 5. Research: The Dean with advice from the Dean’s Council has oversight over COI and should be consulted when considering accepting industry support of any kind. PHARMECEUTICAL AND BIOMEDICAL DEVICE INDUSTRY RELATIONSHIPS This policy provides guidelines for interactions between pharmaceutical and biomedical device industry representatives (Industry) and students, staff, and faculty of Pacific Northwest University of Health Sciences (PNWU). Origins and Scope of this Policy: While relationships and interactions with Industry can be beneficial, Industry influence can also result in unacceptable conflicts of interest that may lead to increased costs of healthcare, compromise of patient safety, negative socialization of students and trainees, bias of research results and diminished confidence and respect among patients, the general public and regulatory officials. Because of this, the Association of American Medical Colleges (AAMC) has urged all academic medical centers to “accelerate their adoption of policies that better manage, and when necessary, prohibit, academic-Industry interactions that can inherently create conflicts of interest and undermine standards of professionalism.”1 The AAMC considers it important to note that it is the obligation of students and faculty in the health professions to manage all conflicts of interest, real and perceived, through effective self-regulation. While this policy addresses many aspects of Industry interaction, it supplements the existing policies at PNWU: Conflict of Interest and Disclosure Ethical Conduct Intellectual Property IRB Policy In all cases where this policy is more restrictive than PNWU’s other conflict of interest policies, this policy shall supersede University documents. The major domains of Conflict of Interest (COI) are: 1 Association of American Medical Colleges, Report of the Task Force on Industry Funding of Medical Education to the AAMC Executive Council. Washington, DC: 2008. 56 | P a g e A. Interactions with Industry Representatives a. Gifts b. Meals c. Site access d. Charitable Contributions B. Consulting relationships C. Industry-Sponsored speaking relationships D. Disclosures E. Pharmaceutical samples and Biomedical devices F. Continuing Medical Education (CME) G. Industry Support H. Curriculum I. Reporting and Enforcement A. Interactions with Industry Representatives 1. Academic Facilities: PNWU students, faculty, and staff may have interactions with Industry representatives in the PNWU facilities provided: a. The interaction has been requested in writing and approved as a curricular educational and/or a club-sponsored event by the Program Director or Dean of the pertinent college. Examples of these events include: i. Casting or taping seminars ii. Labs involving therapy modalities iii. Suturing exercises iv. Surgical skills labs v. Similar club-sponsored educational events b. These events must be actively mentored by PNWU faculty. c. Club-sponsored educational events must also be approved by the faculty advisor and the Office of Student Services. d. Pharmaceutical representatives must strictly comply with the latest PhRMA Code on Interactions with Healthcare Professionals. e. Non-pharmaceutical representatives are encouraged to comply with the spirit of the above Code. f. The PNWU Student Catalog’s guidelines developed by the Office of Student Services will be consonant with this policy. 2. Gifts: PNWU students, faculty and staff shall not accept or use personal gifts from representatives of Industry, regardless of the nature or dollar value of the gift. Although personal gifts of nominal value may not violate professional standards or anti-kickback laws, such gifts do not improve the quality of patient care and may subtly influence clinical decisions. Gifts from Industry that incorporate a product or company logo on the gift (e.g. pens, notepads or office items such as clocks) introduce a commercial marketing presence that is not appropriate to a non-profit education institution and its affiliated healthcare system. 57 | P a g e It is permissible to receive items bearing Industry logos provided as part of an off-site educational program or professional society meeting such as name tags, lanyards, totes, etc., provided that they are incidental to meeting attendance, <$10 in value and not used on PNWU premises. 3. Meals: Meals or other hospitality funded directly by Industry may not be offered or accepted in any facility owned and operated by PNWU. This section pertains to both CME and non-CME related meals. PNWU students, faculty and staff may not accept meals or other hospitality funded by Industry, whether on-campus or off-campus, or accept complimentary tickets to sporting or other events or other hospitality from Industry. This does not preclude acceptance of meals at educational activities where a portion of the registration fee is used as payment for the meal. 4. Site Access: Industry representatives are permitted provided: a. they have an invitation to visit PNWU approved by the Dean or President b. they register at the first floor BHH foyer security desk at the time of their appointment c. they are aware that registration acknowledges that the representative has read and understands this policy d. faculty and staff may or may not elect to visit with an Industry representative e. all meetings must be restricted to non-patient care areas. f. involvement of students and trainees in such individual meetings should occur only for educational purposes. As a non-profit institution, PNWU should not allow use of its facilities or other resources for marketing activities by Industry. PNWU always reserves the right to refuse access to its facilities or to limit activities by Industry representatives consistent with its non-profit mission. 5. Charitable Contributions: Industry wishing to make charitable contributions to PNWU may contact the PNWU Foundation, or other charitable foundations legally organized to support PNWU. Such contributions shall be subject to the Gift Acceptance policy of PNWU. B. Consulting Relationships PNWU recognizes the obligation to make the special knowledge and intellectual competence of its academic faculty members available to government, business, labor, and civic organizations, as well as the potential value to the PNWU faculty member. However, consulting arrangements that simply pay PNWU personnel a guaranteed amount without any associated duties shall be considered gifts and are consequently prohibited. All consulting relationships with Industry must be accompanied by a formal written contract, approved by appropriate administrative personnel. No consulting or advising relationships with Industry for marketing are allowed. PNWU will support consulting and advising relationships for research and scientific activities, provided the following process is followed: 58 | P a g e 1. In order to avoid gifts disguised as consulting contracts, where PNWU personnel have been engaged by Industry to provide consulting services, the consulting contract must provide specific tasks and deliverables, with payment commensurate with the tasks assigned. All such arrangements between individuals or units and outside commercial interests must be reviewed and approved prior to initiation in accordance with appropriate PNWU policies. 2. For PNWU personnel, consulting relationships with Industry may be entered into only with the prior permission of the appropriate PNWU Dean, department chair, or administrator. In addition, prior review and written approval from the appropriate PNWU Dean is required if consulting relationships with any one company (including the parent and subsidiary companies) will pay the faculty member in excess of $5,000 in any twelve-month period. PNWU reserves the right to require faculty and employees to request changes in the terms of their consulting agreements to bring those consulting agreements into compliance with PNWU policies. C. Speaker Arrangements/Ghostwriting While a common way for PNWU and academicians to disseminate new knowledge is through lectures, “speakers bureaus” sponsored by Industry may serve as little more than an extension of the marketing department of the companies that support the programming. PNWU personnel may not participate in, or receive compensation (including honoraria, travel or hotel stay) for, talks given through a speaker’s bureau or similar frequent speaker arrangements if: 1. The events do not meet the criteria of Section G.3 or G.4; or 2. If the content of the lectures given is provided by Industry or is subject to any form of prior approval by either representatives of Industry or event planners contracted by Industry; or 3. The content of the presentation is not based on the best available scientific evidence; or 4. The company selects the individuals who may attend or provides any honorarium or gifts to the attendees. Under no circumstances may PNWU personnel be listed as co-authors on papers ghostwritten by Industry representatives. In addition, PNWU personnel should always be responsible for the content of any papers or talks that they give, including the content of slides. Speaking relationships with company or company event planners are subject to review and approval of the participant’s administrator, department chair, or dean. D. Disclosure of Conflicts of Interest 1. All PNWU faculty, deans, and chairs shall disclosure relationships with Industry by completing and forwarding the Disclosure of Industry Relationships and Secondary Employment form prior to employment and annually thereafter. In addition, they will update their disclosures immediately upon entering a new or revised financial relationship. Adherence to all sections of this policy by adjunct clinical faculty practicing off campus (hospitals and clinics not owned by PNWU) is actively encouraged. 2. All PNWU faculty members when involved with the following relationships shall comply accordingly: 59 | P a g e a. Speaking, Speaker’s Bureau b. Consulting, Consultant’s Bureau c. Continuing Education – all PNWU speakers and planners shall disclose relationships with Industry pursuant to the Disclosure of Industry Relationships and Secondary Employment Policy. 3. PNWU requires all teaching and lecturing faculty to disclose to students all relevant financial relationships that they have with any commercial interest. Such disclosure may occur as part of a slide presentation or as a declaration in the course syllabus. 4. If, in the opinion of the PNWU-COM Dean, the conflict of interest adversely affects the faculty member’s professional role or if the faculty member fails to report or incompletely or inaccurately reports a potential conflict of interest, then the faculty member may be subject to disciplinary action. 5. All trustees, directors, administrators and other employees who serve in a management or supervisory capacity shall complete and forward the Conflict of Interest Disclosure Statement to the Chairperson of the Board annually. E. Drug or Device Samples. PNWU does not have a clinic or university-affiliated hospital on campus providing direct patient care. Samples and medical devices are not accepted on campus. Because there is no clinic or hospital on campus, PNWU does not have a Pharmacy and Therapeutics Committee. F. Continuing Medical Education. It should be noted that at this time, PNWU is not accredited to offer ACCME or AOA CME programs. The following language is included as guidance for non-accredited CME activities provided by PNWU and for programs accredited through other CME organizations held on the PNWU campus. PNWU facilities (clinical or non-clinical) may not be rented by or used for Industry funded and/or directed programs unless there is a CME agreement for Industry support that complies with the policies of PNWU. Dedicated marketing and training programs designed solely for sales or marketing personnel supported by Industry are prohibited. G. Industry Support 1. Research: PNWU has established policies and contract forms to permit Industry support of basic and clinical research in a manner consistent with the non-profit mission of the University. True philanthropic gifts from Industry may be accepted through the PNWU Gift Acceptance Committee. 2. Types of Support: PNWU may accept Industry support for scholarships or discretionary funds to support trainee or resident travel or non-research funding support, provided that all of the following conditions are met: a. Scholarships or Fellowships: Industry support for scholarships and fellowships are limited to those strictly for scientific research training managed by PNWU. These scholarships and fellowships must comply with all PNWU requirements for such funds, 60 | P a g e including the execution of an approved budget and written gift agreement through each entity’s respective Foundation, and is maintained in an appropriate restricted account, managed at the department as determined by the PNWU-COM Dean. Written documentation of the selection process will be maintained. b. Other Support for Students, Residents, or Trainees: Industry support for other trainee activities, including travel expenses or attendance fees at conferences, must be accompanied by an appropriate written agreement and may be accepted only into a common pool of discretionary fund, which shall be maintained under the direction of the PNWU-COM Dean or university department as specified in the funding agreement for the relevant entity. Industry may not earmark contributions to fund specific recipients or to support specific expenses. Departments may apply to use monies from this pool to pay for reasonable travel and tuition expenses for residents, students, or other trainees to attend conferences or training that have legitimate educational merit. Attendees must be selected by the department based upon merit and/or financial need with documentation of the selection process provided with the request. Approval of particular requests shall be at the discretion of the department head. 3. Off-Campus Meetings (not ACCME-accredited): PNWU faculty, staff or students may participate in or attend Industry-sponsored meetings, or other off-campus meetings where Industry support is provided, so long as: a. the activity is designated to promote evidence-based clinical care and/or advance scientific research (not a marketing event); b. the financial support of Industry is prominently disclosed; c. if the PNWU representative is an attendee, Industry does not pay attendees’ travel and/or attendance expenses; d. attendees do not receive gifts or other compensation for attendance; and e. attendees do not receive meals 4. Off-Campus Meetings (ACCME-accredited): PNWU faculty, staff or students may participate in or attend Industry-sponsored meetings that are ACCME accredited, so long as: a. ACCME or AOA criteria are followed by the event planner AND; b. The specific department will not profit from attending the program (ie, funds must be used for the educational program only) AND; c. courses are supported by no less than two companies; d. Industry does not pay attendees’ travel and/or attendance expenses; e. attendees do not receive gifts or other compensation for attendance; and f. attendees do not receive meals 5. PNWU representative participating as a speaker: a. Content: All lecture content is determined by the PNWU speaker and reflects a balanced assessment of the current science and treatment options, and the speaker makes clear that the views expressed are the views of the speaker and not PNWU; and 61 | P a g e b. Compensation: Compensation must be reasonable and limited to reimbursement of reasonable travel expenses and a modest honorarium not to exceed $2,500 per event. H. Curriculum: With regard to physicians-in-training, departmental curricula for all medical students will include COI education. This same curriculum will be reviewed at least once each contract period by teaching faculty. PNWU will continue to encourage and develop interdisciplinary instructional programs that will help students understand the conflicts that may arise between Industry representatives and healthcare professionals and how to develop and sustain productive and ethical relationships with Industry. Educational programs will continue to include evidence-based medicine education, literature search strategies and critical appraisal of the healthcare literature. I. Reporting and Enforcement: Oversight for university personnel will reside with the President. Oversight for all faculty and college staff will reside with the Dean of that particular college. If, in the opinion of the PNWU-COM Dean, the conflict of interest adversely affects the faculty member’s professional role or if the faculty member fails to report or incompletely or inaccurately reports a potential conflict of interest, the faculty member may be subject to disciplinary action. TOBACCO- AND SMOKE-FREE CAMPUS PNWU is a tobacco and smoke-free environment and use is not allowed on University property whether owned or leased. Cessation programs may available upon request. Please contact Human Resources for assistance. COPYRIGHT The purpose of the Pacific Northwest University of Health Sciences (PNWU) Copyright Compliance Policy is to provide a summary of US copyright law as it relates to the use of copyright-protected works in the classroom and library at PNWU and to provide guidelines for the lawful use of such works. US copyright law contains many gray areas, and the goal of this policy is to provide PNWU administrators, faculty, librarians, students, employees, and other affiliated persons with a standard approach for addressing complex copyright issues. This policy covers classroom issues such as photocopying, online and distance education, and course packs. It also covers library uses such as print and electronic reserves, interlibrary loan (ILL), and document delivery. Other PNWU copyright and intellectual property policies may complement this policy and are listed under Related Documents. This policy provides practical advice and procedures on copyright-related matters; however, it is not a substitute for legal advice, and proper legal advice should be obtained when necessary. Although this policy discusses legal issues it is not and should not be interpreted as a statement that certain types of conduct are, in fact, legal violations. It is, instead, intended to assist users of potentially copyrighted 62 | P a g e material in making choices that will help them remain in compliance with the law. The library director may be able to assist you with any questions you may have. The library director may be reached at (509) 249-7744 or at [email protected]. Policy: It is the policy of Pacific Northwest University of Health Sciences that all employees and students comply with US copyright law as it relates to the use of copyright-protected works in the classroom and library at PNWU. Definitions: COPYRIGHT Copyright is an area of law that provides creators and distributors of creative works with an incentive to share their works by granting them the right to be compensated when others use those works in certain ways. Specific rights are granted to the creators of creative works in the US Copyright Act (title 17, US Code). If you are not a copyright holder for a particular work, as provided by the law, you must ordinarily obtain copyright permission prior to reusing or reproducing that work. However, there are some specific exceptions in the Copyright Act for certain academic uses, and permission is never required for certain other actions, such as reading or borrowing original literary works or photographs from a library collection WHAT IS PROTECTED BY COPYRIGHT? The rights granted by the Copyright Act are intended to benefit “authors” of “original works of authorship,” including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural and audiovisual creations. This means that virtually any creative work that you may come across—including books, magazines, journals, newsletters, maps, charts, photographs, graphic materials, and other printed materials; unpublished materials, such as analysts’ and consultants’ reports; and non-print materials, including electronic content, computer programs and other software, sound recordings, motion pictures, video files, sculptures, and other artistic works—is almost certainly protected by copyright. Among the exclusive rights granted to those “authors” are the rights to reproduce, distribute, publicly perform, and publicly display their works. These rights provide copyright holders control over the use of their creations and an ability to benefit, monetarily and otherwise, from the use of their works. Copyright also protects the right to “make a derivative work,” such as a movie from a book; the right to include a work in a collective work, such as publishing an article in a book or journal; and the rights of attribution and integrity for “authors” of certain works of visual art. Copyright law does not protect ideas, data, or facts. 63 | P a g e In the US, the general rule of copyright duration for a work created on or after January 1, 1978 is the author’s life plus 70 years after the author’s death. This is often referred to as “life-plus-70.” Works created by companies or other types of organizations generally have a copyright term of 95 years, but some are protected for 120 years. For more information on copyright duration, visit copyright.gov/help/faq/faq-duration.html. FAIR USE A provision for fair use is found in the Copyright Act at Section 107. Under the fair use provision, a reproduction of someone else’s copyright-protected work is likely to be considered fair if it is used for one of the following purposes: criticism, comment, news reporting, teaching, scholarship and research. If the reproduction is for one of these purposes, a determination as to whether the reproduction is fair use is made based upon four factors: 1. The purpose and character of use (principally, whether for commercial or nonprofit educational use); 2. The nature of the copyright-protected work; 3. The amount and substantiality of the portion used; and 4. The effect of the use being evaluated upon the potential market for or value of the copyright-protected work. Fair use is an ambiguous concept and the law does not state exactly what uses of a copyrighted work will be considered fair uses under the law and may therefore be used without obtaining permission. As such, answers as to how much reproduction may be considered fair use often remain unclear and it is prudent to be cautious and obtain permission when in doubt. The bottom line is that fair use requires a very circumstance-specific analysis as to whether a particular use or reuse of a work may indeed be considered fair use. The following situations are generally regarded as fair use: • Quotation of short passages in a scholarly or technical work for illustration or clarification of the author’s observations. • Reproduction of material for classroom use where the reproduction is unexpected and spontaneous – for example, where an article in the morning’s paper is directly relevant to that day’s class topic. This would generally cover one time use in only one semester. • Use in a parody of short portions of the work itself. • A summary of an address or article, which may include quotations of short passages of the copyright-protected work. 64 | P a g e If your use does not meet the above criteria and the work is protected by copyright, the use might not be considered fair use and you should obtain permission to use the work from the copyright holder or its agent. Other uses of copyright-protected works may also be considered fair use. To help you decide whether your use falls under fair use, consult this Fair Use Check List from the Copyright Clearance Center or confer with PNWU's copyright agent and Library Director Procedure: VERIFY COVERAGE PNWU has an Annual Copyright License with the Copyright Clearance Center (CCC). With the CCC Annual Copyright License (Academic), it is easy for you to verify whether the content you wish to share and the type of use is already covered by the license. Refer to Verifying Coverage under Your Annual Copyright License for instructions, or go directly to the Annual Copyright License Search Page to verify coverage. HOW TO OBTAIN COPYRIGHT PERMISSION For content or uses that are not or may not be covered by our CCC license or the fair use doctrine, PNWU faculty, students, and staff should obtain permission directly from the copyright holders. Permission to use copyright-protected materials, when required, should be obtained prior to using those materials. It is best to obtain permission in writing (including e-mail) and to ensure that the PNWU Copyright Agent has a copy of each permission form or letter. Contact the copyright agent and Library Director for assistance and guidance in obtaining permission for uses not covered by the annual CCC license. The time to obtain permission may vary and, where possible, it is recommended to start the permissions procedure at least six months prior to the time that you wish to use the materials. If you need a quicker permission, let the copyright owner know this and he/she may be able to get back to you more quickly. Often, Copyright Clearance Center is the quickest one-stop resource for obtaining copyright permission. Fact Finding Questions Once you have identified the materials you want to use and determined that copyright permission is required, you must locate the copyright holder. If the copyright holder is not listed on the work, locating the appropriate person or entity to grant permission may take some investigative and creative work. The Copyright Office of the Library of Congress (copyright.gov) may be of assistance in locating a copyright owner if the work is registered. Note, however, that copyright is automatically granted to all works upon their being written down and that registration with the Copyright Office is not required, and that no Copyright notice is required to be displayed on a copyrighted work. 65 | P a g e There are two primary options for obtaining permission to use the work. You may contact the copyright holder directly or you may contact Copyright Clearance Center. PNWU already has an established process for obtaining copyright permission through Copyright Clearance Center. Go to the Annual Copyright License Search Page at the Copyright Clearance Center to request permission. Information in your Permission Request The copyright holder or its agent will require the following information in order to provide you with permission: • Title of the material • Creator/author of the material • Publisher of the material • Description of material • ISBN or ISSN, if applicable • Date of publication, if applicable • Purpose for which you wish to reproduce the item (research, commercial, educational, etc.) • How the material is to be reproduced (e.g., photocopied, digitized) • Where the reproduced material will be used or will appear and for how long TYPES OF USE Classroom Handouts Based on PNWU’s fair use analysis, classroom handouts fall into two categories; one that requires permission and one that does not (i.e., fair use). If the handout is a new work for which you could not reasonably be expected to obtain permission in a timely manner and the decision to use the work was spontaneous, you may use that work without obtaining permission. However, if the handout is planned in advance, repeated from semester to semester, or involves works that have existed long enough that one could reasonably be expected to obtain copyright permission in advance, you must obtain copyright permission to use the work. Course packs Users should plan to obtain copyright permission to use any articles, chapters, and other individual works in any print or electronic course pack. Copyright permission for course packs is usually granted by the academic period. To reuse a course pack in subsequent academic periods (e.g., semester, quarter, trimester, etc.), you will probably need to obtain permission again. Many copyright holders provide time-sensitive permission because their own rights may be time sensitive and could be transferred to different copyright holders at any time. The course instructor is responsible for obtaining permission to use copyrighted works in a course pack. If copyright permission is required, the course instructor should seek it promptly so as to avoid liability for infringement. Reserves 66 | P a g e If the PNWU library owns a copy of a publication, the library may place that copy on reserve without obtaining copyright permission. If the library wishes to reproduce additional copies of a work and place them on reserve for students to review, in either paper or electronic format, the library must obtain copyright permission. Photocopying in the Library It is permissible to photocopy copyright-protected works in the PNWU library without obtaining permission from the copyright owner, under the following circumstances: • Library user requests for articles and short excerpts. At the request of a library user or another library on behalf of a library user, the PNWU library may make one reproduction of an article from a periodical or a small part of any other work. The reproduction must become the property of the library user, and the library must have no reason to believe that the reproduction will be used for purposes other than private study, scholarship, and research. As recommended by Section 108 of the Copyright Act, the library must display the register’s notice at the place library users make their reproduction requests to the library. • Archival reproductions of unpublished works. Up to three reproductions of any unpublished work may be made for preservation or security or for deposit for research use in another library or archive. A reproduction may be a photocopy or digital reproduction. If it is a digital reproduction, the reproduction may not be made available to the public outside the library or archive premises. Prior to receiving any of the three reproductions permitted under this provision from another library or archive, the PNWU library or archive must make a reasonable effort to purchase a new replacement at a fair price. The reproducing library or archive must also own the work in its collection. • Replacement of lost, damaged, or obsolete copies. The PNWU library may make up to three reproductions, including digital reproductions, of a published work that is lost, stolen, damaged, deteriorating, or stored in an obsolete format. Any digital reproductions must be kept within the confines of the library (that is, available on its computer but not placed on a public network). • Library user requests for entire works. One reproduction of an entire book or periodical may be made by your library at a library user’s request, or by another library on behalf of a library user upon certain conditions being met. These conditions include the library determining after reasonable investigation that an authorized reproduction cannot be obtained at a reasonable price. Once made, the reproduction must become the property of the library user. The library must have no reason to believe that the reproduction will be used for purposes other than private study, scholarship and research, and the library must display the register’s notice at the place library users make their reproduction requests to the library. Photocopying for Students 67 | P a g e PNWU library may make reproductions for library users (students, faculty, etc.), provided the following criteria are met: • The library makes one reproduction of an article from a periodical or a small part of any other work. • The reproduction becomes the property of the library user. • The library has no reason to believe that the reproduction will be used for purposes other than private study, scholarship, and research. • The library displays the register’s notice at the place library users make their reproduction requests to the library. Photocopying by Students Photocopying by students is subject to a fair use analysis as well. A single photocopy of a portion of a copyright-protected work, such as a copy of an article from a scientific journal made for research, may be made without permission. Photocopying all the assignments from a book recommended for purchase by the instructor, making multiple copies of articles or book chapters for distribution to classmates, or copying material from consumable workbooks may not be considered fair uses and may require permission. Document Delivery Services It is important to maintain a distinction between ILL and Document Delivery Services (DDS). Photocopying for DDS requires copyright permission. Interlibrary Loan (ILL) The PNWU library may participate in interlibrary loans without obtaining permission provided that the “aggregate quantities” of articles or items received by the patron do not substitute for a periodical subscription or purchase of a work. PNWU refers to the CONTU (National Commission on New Technological Uses of Copyrighted Works) guidelines for guidance in defining “aggregate quantities.” The CONTU guidelines state that requesting and receiving in any calendar year more than five articles from a single periodical published within five years prior to the date of request would exceed the permissible interlibrary loan usage. If the articles or items being copied have been obtained through a digital license, you must check the license to see under what terms and conditions, if any, interlibrary loan is permitted. Distance Education and Course Management Systems In 2002, the Technology, Education and Copyright Harmonization (TEACH) Act became law and expanded the latitude universities, including PNWU, have for the performance and display of 68 | P a g e copyright-protected materials in a distance education environment, including through the use of Course Management Systems (CMS). The copyright requirements for TEACH and CMS postings are similar to those of classroom handouts, but extend the traditional rules for those handouts to the digital transmission of materials to distance education students. If the use is spontaneous and will not be repeated, copyright permission is not required; however, the content may not remain posted for extended periods of time. If the use is planned, repeated, or involves works that have existed long enough that one could reasonably expect to receive a response to a request for copyright permission, the user must obtain copyright permission. Copyright and Foreign Works The US is a member of the leading international copyright treaty, the Berne Convention. As such, when PNWU uses a copyright-protected work from another country, the protections provided to works by US copyright law automatically apply to the use of that work as well (assuming the use takes place in the US). The Copyright Clearance Center has many reciprocal licenses to allow use of materials from other countries. The following is intended to be a general informative discussion of frequently asked questions based upon current authorities. Because the law can change and because cases are dependent on individual facts, it should be considered generally informative but may not be updated with the most current legal developments. FREQUENTLY ASKED QUESTIONS 1. How many figures/tables/images may I use from a single textbook in my PowerPoint presentations? Answer: If the textbook is one that you have written or co-authored, then subject to the terms of your publishing contract, you can use as many figures, tables, or images as you desire. If you have not written or co-authored the textbook but the textbook is one that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images you can use in a PowerPoint presentation to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased that textbook. Remember that the students in each new class must each purchase the quoted textbooks if you plan to use the PowerPoint again. If the textbook is one that you have not required all members of your audience to purchase, or if you have required your students to purchase the textbook but it is reasonable for you to believe that they have not actually done so, then your use might not be considered fair use, and you must get permission for the use of any of the figures, tables, or images from that textbook. A 69 | P a g e PowerPoint prepared in advance of a class would generally be considered to be a presentation included in a Course pack, even if only used for one class. (Please refer to PNWU’s general policy regarding Course packs on page 4.) The easiest way to get permission to use excerpts from a particular text is to start with the Copyright Clearance Center (CCC). Please refer to Verifying Coverage under Your Annual Copyright License for instructions on how to use the CCC system. If the material is not covered by PNWU’s annual license, you should seek guidance and assistance from PNWU’s copyright agent and Library Director, Anita Cleary, in obtaining permission. You may also contact the copyright holder directly. (Please refer to “How to Obtain Copyright Permission” on page 3.) 2. How many figures/tables/images may I use from multiple issues of the same journal? May I use one or two figures from different articles in each issue of a journal? Answer: If the article in the journal is one that you have written or co-authored, then subject to the terms of your publication agreement, you can use as many figures, tables, or images as you desire. If you have not written or coauthored the articles, but all the issues of the journals that you have cited in your PowerPoint or handouts are journals that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images from those journals that you can use in a PowerPoint presentation to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased the quoted journals. Remember that each member of the new class must also purchase all the quoted journals. If you have not required all members of your audience to purchase the quoted journals or articles, or if you have required your students to purchase the journals or articles but it is reasonable for you to believe that they have not actually done so, then the general rule is that you must get permission for the use of any of the figures, tables, or images from those journals or articles. A PowerPoint prepared in advance of a class would generally be considered to be a presentation included in a Course pack, especially if used on a repeated basis. (Please refer to PNWU’s general policy regarding Course packs on page 4.) If the journal article contains what amounts to the medical equivalent of “breaking news,” and if your use of a limited portion of the article is spontaneous, then you can use the limited quote without permission as a “fair use” on a one-time basis. (Please refer to PNWU’s general policy regarding Fair Use and Classroom Handouts.) For subsequent uses, then you must get permission. (Please refer to PNWU’s general policy regarding Course packs on page 4.) The easiest way to get permission to use excerpts from a particular article is to start with the Copyright Clearance Center (CCC). Please refer to Verifying Coverage under Your Annual Copyright License for instructions on how to use the CCC system. You may also contact the copyright holder directly. (Please refer to “How to Obtain Copyright Permission” on page 3.) 70 | P a g e 3. If I require a textbook for the class, may I use all of the figures/tables/images from that textbook in my PowerPoint presentations? May I continue to use them after I no longer require the text? Answer: If the textbook is one that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images from that textbook that you can use in PowerPoint presentation for to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased that textbook. Remember that each new class must also newly purchase the quoted textbooks if you plan to use the PowerPoint again. If you discontinue use of the text, then you must either get permission for future use of the PowerPoint, or discontinue the use of the quoted material in the PowerPoint. 4. How much may I use from sources for which the copyright has expired? Answer: You may use as much as you want. But be cautious, because no copyright notice is required on copyrighted works. Unless you wrote the source material, or have certain knowledge that it is ancient or public material, you must assume that someone else owns a valid copyright in that source material. There are also different terms of copyright protection for different types of authors. For individual authors the term of copyright protection is “life of the author plus 70 years.” For corporate or institutional authors, the term of copyright protection is 95 years from date of first publication, or 120 years from the date of creation, whichever ends sooner. 5. What are the rules for items freely available on the Internet; for example, what limits should I observe for pictures taken from Google image searches? Answer: The existence of the Internet does not change or suspend the basic rules of copyright protection and usage of copyrighted materials. You must follow all of the rules for images or text obtained from the Internet, including Google image searches, as if you had obtained those images and text from a printed textbook or journal article. The vast majority of everything that you ever obtain from any Google search is material that is copyrighted by someone, so be cautious. 6. What are the rules governing the use of digital material? For example, if I buy a CD or DVD of an anatomical demonstration, may I use it in my class? May I load it on our server? Answer: Digital material should be treated the same as software or music from a copyright standpoint. If you buy a CD or DVD of an anatomical demonstration, then read the license that accompanies that CD or DVD. If the license authorizes use in a classroom setting, then you are licensed to do so by virtue of your purchase. If no license specifically authorizing classroom use accompanies the CD or DVD, then you should either obtain written permission from the author to use the CD or DVD, or you should require all of your students to buy the CD or DVD. An analogous situation can be seen in music. The purchase of a music CD or downloaded music does not authorize the purchaser to play that music for an audience. From a practical standpoint, that means the purchaser must obtain a specific written license to use the CD or downloaded 71 | P a g e music in an exercise class, in a retail store, in a classroom, as music-on-hold in your telephone system, or in any café, restaurant, bar, tavern, or public space. In the absence of a specific written license authorizing such use, music can only be used for the purchaser's own personal enjoyment. These same principles apply to all CDs, DVDs, or downloaded performances, including anatomical demonstrations. As a general rule, never load material from any CDs, DVDs, or any downloaded material onto any PNWU server, unless you have received a written site license to do so from the author and the upload is authorized by the PNWU Technology Department (telephone 509-249-7777). This general rule applies to all computer software and music as well. 7. If I use an excerpt from a journal article in a PowerPoint presentation, must I cite the source on the slide itself or in the notes section? During class, students view only the slides but can access the notes when viewing the PowerPoint presentation on our Intranet. Answer: The location of a citation is a question of each individual presenter’s own style and preference. As a general rule, citations should always be used with material that is not authored by the presenter. But, it is important to remember that citing the source of an excerpt does not replace or change any of the basic rules about whether you can use the excerpt with or without permission of the author. In other words, citing the source of an article is not a defense to a claim of copyright infringement if you have improperly used the source material without permission. 8. Is it okay to use images in PowerPoint presentations as long as you cite the source? Answer: No. See answer to FAQ 7 above. REPORTING SUSPECTED INFRINGEMENTS If you suspect that anyone at PNWU, including a student, is using any copyright-protected material without the permission of the copyright holder, immediately report this to the agent designated to receive copyright notices. PNWU has registered the following agent with the Copyright Office: Anita K. Cleary, MLIS Library Director Pacific Northwest University of Health Sciences 200 University Parkway Yakima, WA 98901 Phone: (509) 249-7744 Email: [email protected] GIFT ACCEPTANCE AND FUNDRAISING Pacific Northwest University of Health Sciences (PNWU), a not for profit organization organized under the laws of the State of Washington, encourages the solicitation and acceptance of gifts to PNWU for purposes that will help PNWU to further and fulfill its mission. 72 | P a g e All faculty, staff, alumni, and the alumni association must seek approval through the Advancement Office prior to accepting any gifts or initiating fundraising activity. For the purposes of this policy, fundraising is defined as the collection of money through donations, sales, and/or event programming for the purposes of charitable donation or organizational budget enhancement. Gifts are defined as receipt of any charitable donation. Internal fundraising events by student organizations shall be approved by the Office of Student Affairs. COMMUNICATIONS It is the policy of PNWU that all strategic media communications are directed by the president's office and/or the president's designated representative. The president is the chief spokesperson on behalf of the institution's board, staff, faculty and students, and represents all matters of import to the news media and other communication outlets. No one is authorized to speak to the news media on behalf of the university without prior approval from the office of president and/or the Communications Director. PNWU’s communication policy is based on the following principles: 1. A strong concern for the safety and welfare of students, faculty, board and staff; 2. The need to respond quickly and accurately; 3. The need for effective, accurate communication through the news media and through other means to present a clear and consistent message from the university. Internal electronic communications PNWU will use electronic communication methods to conduct official and legal university business. Communicating to PNWU employees and students via electronic communication methods will speed the delivery of information and will offer fiscal savings to the university by reducing mailing costs. Every student and employee is given the appropriate account(s) to access these communications. Recipients will be expected to read all electronic communication relating to PNWU business and when necessary take action as a result of communications received from the university. It is expected that students and employees will monitor their university electronic accounts often to receive the most upto-date information from the university. Confidentiality All PNWU trustees, personnel and students must sign a confidentiality agreement, and this confidentiality is applicable to external communications. Since discussion with one outside individual may lead to proprietary knowledge being carried to numerous outside individuals and organizations, all discussion of confidential information is strictly 73 | P a g e prohibited. Personal opinions related to fiscal, management, board action, donor activity, personnel, and instructional programs must be limited to the confines of internal work groups. It is the policy of PNWU that sensitive information leaked to outside groups and individuals which causes harm to the institution, may be considered grounds for immediate dismissal. Crisis or Emergency Communications PNWU is committed to taking a pre-emptive approach to public relations crises, using disclosure whenever possible as the preferred strategy for preventing or minimizing public relations crises. Key communication strategies followed during crisis communication: Immediately informing students, staff, faculty, and board first (of the crisis) if at all possible. Showing concern for those involved and seeking out and speaking to affected publics. Designate a key spokesperson (president, or designee) to communicate messages to internal and external audiences. Respond quickly to the situation and provide updates as often as possible and necessary. Release only information that is verifiable and accurate. Telling the truth and being clear; sticking to the facts without speculation. Final approval of these strategies will rest with the University President or his/her designee. Please note the trademark policy in the intellectual property policy as it pertains to all employees of PNWU. Procedure: The PNWU message The way the university communicates in time of crisis has a lasting impact on its reputation. How well the university communicates is dependent a great deal on how the news media covers university activities. Public perceptions are a key factor in the level of support the university receives from legislators, alumni, donors, students and the general community. In a crisis, the university should strive, to the extent possible, to send a consistent message to key audiences through a centralized and closely coordinated communication process. In crisis or emergency situations, strict enforcement of the communications policy and procedure will be followed. If the president is not available, the designated Chief Officer will make decisions regarding the crisis communications and will serve as "voice" to the media under the advisement of the Communications Director. 74 | P a g e MANDATORY TRAINING Employees who are required to have a license, certification, training or education as part of their position will be expected to maintain such requirements. Failure to renew may result in suspension of duties until they are completed. Training may be defined to include University required education. ATTENDANCE AND PUNCTUALITY PNWU expects employees to be reliable and punctual. Employees should report for work on time and as scheduled. If an employee cannot come to work or will be late for any reason, the employee must notify his/her supervisor as soon as possible, and should make every effort to do so before the start of the employee's shift. Unplanned absences can disrupt work, inconvenience other employees, and affect productivity. An employee with a poor attendance record or excessive lateness may be subject to disciplinary action, up to and including termination of employment. For purposes of time clock rounding, PNWU recognizes a 10-minute rounding rule. Regardless of the rounded time, an employee is considered late when he/she is not available and working at the start time of their scheduled shift. CONFIDENTIALITY OF RECORDS - GENERAL Verification of Employment: It is the preference of the University to release all employment information from the Office of Human Resources. In most cases, Human Resources will only provide the following information upon inquiry: • Dates of Employment • Positions Held References: It is the preference of the University that only the Office of the President provide references on current or former employees after obtaining a release to provide the reference. Other University personnel may only speak for themselves, may not use University letterhead to provide a reference, and must be clear that they are speaking as individuals and not on behalf of the University. Letter of reference: For university purposes, a letter of reference is a letter in which an employer recommends someone (a current or former employee) for a new job. A request for a letter of reference must be routed through the Human Resources Office. Letter of recommendation: For university purposes, a letter of recommendation is a letter in which the writer (usually a person in a supervisory role, e.g. dean, director, chair, chief officer, etc.) evaluates the skills, work habits, and achievements of an individual (employee, student, or graduate) applying for admission to graduate school, position on a board, medical mission team member, etc. 75 | P a g e To obtain a letter of reference from Human Resources or a letter of recommendation from a PNWU employee, a Letter of Reference/Recommendation Request form must be completed and provided to the letter writer a minimum of 14 days prior to the date the letter is to be submitted. The person receiving the request and writing the letter is to keep the signed form on file. Letters written on behalf of students must be cleared first through the Office of Student Affairs. NOTE: If you have been asked to write a recommendation for someone other than a PNWU employee, student, or graduate, you must not use PNWU or PNWU College letterhead as referenced in the Name and Trademark section of the PNWU Intellectual Property Policy. Confidentiality of Records – Non Disclosure: It is very important to PNWU that the following are protected: confidential business information, employee information, and intellectual property. Confidential information includes, but is not limited to, the following examples: • compensation data • computer processes • computer programs and codes • employee information/lists • student/customer lists • student/customer preferences • financial information • employment relations strategies • marketing strategies • new materials research • pending projects and proposals • proprietary processes • research and development strategies • scientific data • scientific formulae • scientific prototypes • technological data • technological prototypes Employees with access to confidential information will be asked to sign a non-disclosure or confidentiality agreement as a condition of employment. Employees who improperly use or disclose confidential information will be subject to disciplinary action, up to and including termination of employment and legal action. This applies even if the employee does not get any benefit from releasing the information. PERSONAL APPEARANCE Personal appearance pertains to how employees dress, smell, groom, and cleanliness standards. An employee’s personal appearance can influence what students/customers and visitors think about PNWU. Personal appearance can also impact the morale of co-workers. 76 | P a g e During business hours or whenever an employee represents PNWU, employees are expected to be clean, well groomed, and dressed appropriately. This is particularly important if the employee’s job involves dealing with students/customers or visitors in person. Visible body piercing and tattooing are not acceptable. Up to three earrings per ear is allowed. If a supervisor finds that an employee’s personal appearance is inappropriate, the employee will be asked to leave work and return properly dressed and groomed. If an employee is asked to leave, the employee will not be paid for the time away from work. Employees should meet with their supervisor if unsure about the correct clothing standards for the outlined job. Where necessary, PNWU may make a reasonable accommodation to this policy for a person with a disability or to accommodate an employee's religious beliefs or practices. DRUG AND ALCOHOL USE As a recipient of federal grants and an educational institution, PNWU adheres to the provisions of the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989. The Drug Free Workplace Act of 1988 requires, as a condition of employment on a Federal contract or grant, which employees abide by the terms of the policy statement. This policy is also intended to communicate PNWU’s commitment to being a drug-and-alcohol-free, healthy, and safe workplace. All employees, including management, are covered by this policy. PNWU maintains a commitment to its employees to provide a safe, drug-and-alcohol-free workplace and to establish programs promoting high standards of safety and health. This policy is intended to prevent the illegal use, possession, or distribution of controlled substances, the abuse of alcohol or prescription drugs, and to prohibit the use or possession of drug-related paraphernalia, alcohol, or other intoxicating substances in the workplace. In addition to its commitment to abide by applicable law, PNWU recognizes that illegal use of controlled substances or abuse of alcohol poses a serious threat to the health and safety of the abuser, other employees, and students. Illegal drug use and the abuse of alcohol can result in significant health problems, contribute to lost productivity, can result in costs related to negative academic impacts, absenteeism, accidents, increased health care costs, loss of trained personnel, and can adversely affect PNWU's educational mission. Alcohol and drug abuse can cause physical and emotional dependence. Users may develop a craving for these substances and their bodies may respond to the presence of drugs in ways that lead to increased use. Certain drugs, such as opiates, barbiturates, alcohol, and nicotine create physical dependence. When a regular user stops taking the drug, the body experiences the physiological trauma known as withdrawal. Psychological dependence occurs when taking drugs becomes the center of the user's life. Some drugs have an effect on the mind and body for weeks or even months after drug use has stopped. Drugs and alcohol can interfere with memory, sensation, and perception. They can distort experiences and cause loss of self-control that can lead users to harm others as well as themselves. 77 | P a g e State law considers the illegal use of drugs and alcohol serious crimes. The sanctions for first-time violations of these laws range from fines to terms of incarceration, or both. Additionally, local ordinances and municipal codes impose a variety of penalties for the illegal use of drugs and alcohol. See Washington RCW Chapter 69.50, the Uniform Controlled Substances Act, for additional information. There may also be civil consequences that result from the violation of state drug and alcohol statutes. For example, property associated with the criminal acts, including homes and vehicles, can be confiscated by the government and persons convicted of felonies may be barred from government employment, and lose the right to vote. Federal law considers the manufacture, distribution, dispensation, possession or use of illegal drugs, or any controlled substance, a serious crime. For the most up-to-date Federal Trafficking Penalties information, visit the website of the U.S. Drug Enforcement Administration, at http://www.dea.gov/agency/penalties.htm. All PNWU employees are subject to the following policy requirements as a condition of their employment. Employees are prohibited from reporting to work, working, being present on PNWU premises, or representing PNWU when they are Under the Influence of controlled substances, alcohol or other intoxicating substances. Employees are also prohibited from the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance and from using, possessing, selling, trading, and/or offering for sale any alcohol, illegal drugs or intoxicants. Failure to comply with this policy, including its testing and search requirements, will lead to disciplinary action which could include termination of employment. As a limited exception to the prohibition of alcohol use, the University may approve consumption of alcoholic beverages by individuals over 21 years of age at PNWU-sanctioned social, community outreach and public relations events. In these instances, general use of alcohol at the event must be preapproved by the University President or designee and moderate use of alcohol by employees at such events does not violate this policy. For purposes of this exception, “Moderate Use” is defined as consumption that does not cause an employee to become disruptive, belligerent, argumentative, sloppy/unkempt appearance, slurring of one’s speech, inappropriate in personal interactions and/or behavior, or render the employee unable to operate a motor vehicle safely or cause the employee to violate any federal or state law. As a further limited exception to the prohibition of the use or possession of controlled substances, this policy does not prohibit the lawful use of prescription drugs in accordance with medical authorization. Prescription drugs are considered "controlled substances." It is illegal, and therefore considered the illegal use of drugs, to "possess" medications not obtained directly with a valid prescription or to "distribute" medications to another person if you are not licensed to do so. You may also be faced with possible civil liability related to a negative reaction or response to the substances. Employees who believe or have been advised that prescribed drugs will interfere with or are interfering with the safe 78 | P a g e and responsible performance of their job duties should contact Human Resources promptly to discuss a reasonable accommodation or leave of absence. For purposes of this policy, “Under the Influence” means: (i) having any detectable level of alcohol or controlled substances in one's system; (ii) being impaired or intoxicated by alcohol or controlled substances (including presenting as impaired or intoxicated); (iii) failing, by reason of substance use or abuse, to perform job duties satisfactorily or safely, or in a condition that presents a favorable public image for the University or which contributes to a climate of safety and well-being for the employee, faculty, staff, students, and the public. As part of the enforcement of this policy, PNWU reserves the right to conduct reasonable searches of the workplace, and will conduct testing for substances of abuse as described in this policy. All testing will be conducted in accordance with applicable federal, state, and local laws. Pre-employment Testing: All applicants who receive a conditional job offer will be required to undergo drug testing. Failure of a pre-employment drug test will result in an applicant not being hired by the University, and the applicant will not be permitted to reapply for employment with the University for six (6) months from the date of the prior drug test (or upon satisfactory completion of a drug education or treatment program). No employee will be hired until the required drug screening has been completed with satisfactory results. Post-incident Testing: Employees who are involved in any work-related accident or incident involving property damage or personal injury, or near accident or incident, where it appears they may have been responsible in whole or part, and the employee may have been impaired, will be required to undergo a drug and/or alcohol test. Personal injury for purposes of this policy is defined as any injury to the employee or any person serious enough to require treatment other than brief first aid. Such testing will occur as soon as possible and, generally, within two (2) hours after any accident or incident. Reasonable Suspicion Testing: If the University has reasonable suspicion to believe that an employee is in the possession of, or is under the influence of controlled substances, alcohol, or another intoxicating substance, or otherwise in violation of this policy, the employee will be required to undergo drug and/or alcohol testing. Reasonable suspicion may be based on a variety of factors, including, but not limited to: the odor of alcohol, physical signs or symptoms consistent with drug or alcohol abuse, irrational or unusual behavior; gross negligence or carelessness; disregard for the safety, life or well-being of any employee, student or member of the public; reporting to or remaining at work in an apparently unfit condition; belligerent or argumentative behavior, a sloppy or unkempt appearance, slurring of one’s speech, inappropriate in personal interactions and/or behavior or any other reason the University deems sufficient. 79 | P a g e Follow-up Testing: Employees who self-identify as having a problem with alcohol or drug use and who are who are permitted to return to work following their participation in a drug or alcohol rehabilitation program, must be evaluated by a substance abuse professional acceptable to the University, comply with any treatment program prescribed by the professional and undergo random, follow-up drug and/or alcohol testing for a twelve (12) month period at a frequency determined by the University. All required drug screens or alcohol screens will be conducted by a contracted, non-University facility at no cost to the employee, and in accordance with applicable federal, state, and local laws. Employees are required to cooperate with the testing procedures including signing an appropriate authorization or consent to permit the testing facility to conduct the test and release the results directly to the University. Failure to undergo, consent or cooperate with the testing as required or requested, including, but not limited to completing authorization forms, interference or attempted interference with testing, or a confirmed positive or adulterated alcohol and/or drug result, will result in revocation of the job offer, disciplinary action up to and including termination of the employee, possible reporting to criminal authorities, and the denial or discontinuation of service to the University. Diluted Samples: If a urine sample is provided and determined to be too dilute for testing, the individual must remain at the collection site and follow the directions of the collection professionals to provide a replacement specimen. If a second sample is also diluted, the employee will be terminated or an offer of employment will be rescinded for non-compliance with the policy, unless the applicant or employee can present a valid medical excuse. Adulteration, validity, or substitution: An adulterated, non-valid, or substituted specimen will not be considered valid for testing and will subject the individual to sanctions for failing to cooperate with the testing process. If such a specimen is tested, any negative result will not be accepted. Employees who are indicted for a criminal drug law violation in the workplace must notify Human Resources in writing no later than five (5) calendar days after the conviction. Failure to notify Human Resources within the appropriate time period will result in disciplinary action. If the employee is working on a project or in a position funded by a federal grant, the University is obligated to notify the funding government agency within ten (10) days of receiving notification of the conviction. Legal Sanctions and Consequences of Violation of the Policy Violation of this policy will result in discipline up to and including termination and, if appropriate, referral to the proper state or federal authorities for prosecution. Employee Assistance Programs and Other Drug and Alcohol Programs It is the hope of the University that if a current employee has a drug or alcohol abuse problem, s/he will seek help and counseling through the EAP (Employee Assistance Program) before performance 80 | P a g e problems or discipline occurs. The EAP is structured to offer private, compassionate assistance to employees and their families. Employees requiring information about drug abuse treatment can find the information posted in employee common areas, the PNWU website or Human Resources. Additional helpful information and resources may be found by contacting the following organizations: U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration 1-800-662-HELP (1-800-662-4357) http://www.samhsa.gov National Council on Alcoholism and Drug Dependence 1-800-NCA-CALL (1-800-622-2255) http://www.ncadd.org Annual Distribution and Biennial Review PNWU will distribute this policy annually to all University employees. It will also conduct a biennial review of its drug abuse prevention program to determine (i) its effectiveness and implement changes, if necessary (ii) the number of drug and alcohol related violations or fatalities that occurred on the University’s campus or as part of its activities; and (iii) the number and type of sanctions implemented pursuant to this policy and examine whether they were consistently enforced. SPENDING POLICY: BUSINESS & TRAVEL PNWU will reimburse employees for reasonable business and travel expenses. Business Expenses: Business expenses (e.g. dues and supplies) will be reimbursed with an itemized receipt and approval of the Budget Director. Travel Expenses: Most lodging accommodations should not exceed $200 per night A meal per diem is awarded at $50 per day of business travel Alcohol purchases will not be paid for by the University Under special circumstances, approved in advance by the President and with itemized receipt, meals and alcohol will be reimbursed beyond the $50 per diems for purposes of appropriate business related expenses such as donor, constituent or other stakeholder meetings Air Travel should be booked using kayak.com or other low priced option. When Alaska Air is the least expensive fare, book tickets through Alaska EasyBiz. Mileage is reimbursed at the IRS rate when using a personal vehicle Mid-sized rental cars are approved when necessary and gas will be reimbursed per receipt Procedure: 81 | P a g e 1. The budget director for each area will determine the need to pre-approve travel for employees. All reimbursement requests shall be submitted with supporting receipts within 90 days of the event/purchase. 2. Employee shall submit a complete Travel and Expense Report, with all itemized receipts (excluding receipts paid for by the daily $50 per diem), and an approving signature to accounting within 10 days of completed travel. Expense reports received in accounting by Tuesday at 10am, with all required documentation and signatures, will be processed and paid to the employee by Friday via electronic funds transfer. a. A pre-approved Purchase Order is required for all purchases greater than $500 for vendors without an underlying contract, lease, or other standard invoice, such as utilities. 3. Approved Travel and Expenses reports will be audited and processed with the standard weekly A/P batches. [See FI 012 for payment/reimbursement details] 4. The Budget Director has the right to deny reimbursement for any expense deemed nonbusiness, or not pre-approved. 5. PNWU may deny reimbursement for any expenses submitted more than 90 days after occurrence, or beyond the University’s ability to collect from an appropriate secondary source (i.e. grant funds), or if illegal or contrary to our non-profit mission. 82 | P a g e FACILITIES, SAFETY AND SECURITY CAMPUS LAW ENFORCEMENT AUTHORITY Limited campus law enforcement authority is granted to Pacific Northwest University of Health Sciences Safety and Security Department. As such, PNWU security personnel act as agents for the University itself, and have the authority to ask persons for identification and to determine whether individuals have lawful business at PNWU campus sites. PNWU security personnel do not have arrest powers; all criminal incidents are referred to local law enforcement, that being the Yakima Sheriff’s Office, who have jurisdiction on and adjacent to the PNWU campus. While the University has no written Memorandum of Understanding with the Yakima Sheriff’s Office, PNWU Security maintains a highly professional working relationship with this agency. PNWU is also able to draw on the resources of the State Patrol when necessary or appropriate. Crime victims and witnesses are strongly encouraged to immediately report criminal activity to the appropriate police agencies and PNWU security personnel. Prompt reporting will assure timely warning notices of campus crime and assist in full disclosure of crime statistics. Law enforcement arrests and incidents involving PNWU students and employees are forwarded to the Human Resource Director or the Associate Director of Enrollment and Student Services so the best interests of the community can be served. On-going training is afforded Campus Security and Safety, as well as contracted Officers. PNWU Security and Safety Department considerers personal safety, along with asset protection a priority; any incident report or safety concern is reviewed and acted on accordingly. Criminal incident reports generated by PNWU Security will be referred to the Yakima Sheriff’s Office for criminal law considerations. PNWU Security will assist in reporting stolen property with make, model, and serial numbers, so as to assist law enforcement’s entering the stolen property into the National Crime Information Center (NCIC). Students and employees are required to comply with directives of campus security, law enforcement agencies, and any other University officials; students are required to present valid ID when requested. PNWU security personnel enforce University policy, rules, and regulations as well as local, state, and federal laws, and reports criminal violations to the proper authorities. CAMPUS CLOSURE If the campus is closed due to weather, emergency or other related circumstance, employees who are scheduled to work (not on vacation or on any other type of leave) will receive their regular pay for the hours that would have been worked on the initial day of closure. These hours are not considered time worked for the purpose of calculating overtime pay. Campus closures and payment for hours that would have been worked are determined by the president and/or his designee only. CAMPUS SECURITY AND ACCESS/FACILITY ACCESS During normal business hours Pacific Northwest University of Health Sciences will be open to faculty, staff, students, parents, contractors, guests, and invitees. During non-business hours PNWU facilities are locked; access is restricted to authorized students and employees. PNWU issues proximity access cards that allow students and employees to enter authorized areas 24 hours a day. During an extended closure, only authorized personnel will be granted access to campus property and facilities. Campus 83 | P a g e security officers carry keys to all PNWU Buildings and are available during business hours to access buildings and rooms for authorized entry. Remember: Service calls such as this are prioritized; criminal or medical emergency calls have a higher priority than do building and/or room access calls. Campus facilities may have different hours of accessibility; in such cases, these areas will be secured and accessed by appropriate persons in accordance with operating schedules as developed by the department responsible for that facility. Emergencies may necessitate changes and/or alterations from normal business hour access times; security assessments of campus facilities will be conducted, as needed. Administrators from the Dean’s Office, Student Services, Facilities, Iron Horse Lodge, and Campus Safety and Security will periodically review results of landscaping, locks, alarms, lighting, and communication. Additionally, during the academic year, the Directors of Facilities and Security meet bi-monthly to make assessments to determine appropriateness of access schedules and discuss issues of pressing concern. PNWU does not maintain student residences. SECURITY AWARENESS CRIME PREVENTION PROGRAMS Crime Prevention Programs and Sexual Assault Prevention Programs are offered on a continual basis to students and employees. Periodically during the academic year the PNWU Safety and Security Department, in cooperation with other Law Enforcement agencies, present crime prevention awareness sessions on sexual assault, theft, and vandalism, as well as educational sessions on personal safety and home security. A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of their responsibility for their own security and the security of others. In addition to seminars, information is disseminated to students and employees through crime prevention awareness packets, security alert posters, displays, videos, and articles and advertisements in university and student newspapers. When time is of the essence, information is released to the university community through security alerts posted prominently throughout campus, through computer memos sent over the university’s electronic mail system, text, and voice mail broadcasting system. Crime Prevention Programs on personal safety and theft prevention and Sexual Assault Prevention Programs are also presented by the Safety and Security Department every year during orientation, and then reiterated throughout the year through ‘Timely Warning’ emails that advise or warn of crime trends within the campus neighborhood. Included in these advisements are Crime Prevention Tips. REPORTING CRIMINAL OFFENSES AND SUSPICIOUS ACITVITY To protect University property and the campus community, PNWU employees and students shall accurately and promptly report crimes and suspicious activity. Contact information for reporting crimes and suspicious activity will be publicized through postings on campus, via the PNWU website, and in catalogs and handbooks. 84 | P a g e Procedure: To Report a Crime or Suspicious Activity In an emergency: Dial 9-1-1, and then notify PNWU campus security at 509-823-3346, or Activate one of the emergency call boxes around campus. For non-emergencies contact any of the following: Director of Security at 509-249-7727 Campus security at 509-823-3346 Yakima County Sheriff’s Office at 509-574-2500 To remain anonymous, use Crime Stoppers. Call 1-800-CRIME-SC or text TIPSC & your message to CRIMES (274637) Any suspicious activity or person seen in the parking lots or loitering around vehicles, inside buildings or around the campus community should be reported. In addition to the above, you may report a crime to the following: Director of Enrollment Services Iron Horse Lodge, Suite 203 509-249-7710 Associate Director of Enrollment and Student Services Iron Horse Lodge, Suite 203 509-249-7724 Director of Human Resources Iron Horse Lodge, Suite 202 509-249-7714 The Yakima County Sheriff’s Office and the Yakima Police Department have a mutual aid and working agreement. Each department augments the other within their jurisdictions during mutual investigations, arrest, and prosecutions. The Director of Security attends periodic meetings with local law enforcement agencies to exchange ideas and problems which may be of concern for the University community. The University does not have recognized student organizations with off campus locations. As such, University security jurisdiction and reporting responsibilities are limited to the PNWU campus. Limited Voluntary Confidential Reporting Pacific Northwest University of Health Sciences and its Security Department urge anyone who is the victim or witness of any crime to promptly report the incident to Campus Security or the Yakima County Sheriff’s Office. Because Police reports are public records under state law, PNWU security cannot hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other Campus Security Authorities. Voluntary Confidential Reporting If a victim of a crime does not want to pursue action within the University system or the criminal justice system, he/she may still want to consider making a confidential report. With the victim’s permission, the 85 | P a g e Director of Security can file a report on the details of the incident without revealing the victim’s identity. The purpose of a confidential report is to comply with the victims wish to keep the matter confidential, while taking steps to ensure the future safety of the victim and others. With such information, the University can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution. ADVISING CAMPUS COMMUNITY ABOUT SEX OFFENDERS Law enforcement agency information concerning registered sex offenders may be obtained by going in person to the Yakima County Sheriff’s Office, 1822 South 1st Street, Yakima, Washington. The Yakima County Sheriff Sex Offender Information web page is in compliance with the 1990 Community Protection Act in order to provide adequate notice to the community concerning sex offenders who are, or will be residing in the community, and to assist community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders. OffenderWatch may be accessed at http://www.sheriffalerts.com/cap_main.php?office=54495. The purpose for this link is to provide publishable information on offenders within the specified radius of the address entered. This service also provides a free email alert system when offenders move. Nothing in FERPA prohibits an educational institution from disclosing information about registered sex offenders. This includes the disclosure of personally identifiable, non-directory information without prior written consent or other consent from the individual. The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a federal law that provides for the tracking of convicted sex offenders enrolled at, or employed at, institutions of higher education. The CSCPA is an amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act. The federal law requires state law enforcement agencies to provide Pacific Northwest University of Health Sciences with a list of registered sex offenders who have indicated that they are either enrolled, employed, or carrying on a vocation at PNWU. The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders. This statement is provided in compliance with the Campus Sex Crimes Prevention Act of 2000, the Community Protection Act of 1990, and pursuant to RCW 4.24.550 and the Washington State Supreme Court decision in State v Ward. Law enforcement agencies are authorized to inform the public of sex offenders release when, in the discretion of the agency, the release of information will enhance public safety and protection. The crimes which require registration include the following and can be found under RCW. 9A.44, which also generally describes registration procedures, 9A.64.020, 9.68A, 9.94A. 127 and 13.40.135. 86 | P a g e Rape Rape of a Child Incest Communicate w/ Minor for Immoral Purposes Custodial Sexual Misconduct w/ Minor Any Federal or Out-of-State conviction that Under WA State law would be classified as a sex offense Child Molestation Sexual Misconduct w/ a Minor Sexual Exploitation of a Minor Patronize juvenile Prostitute Any Felony w/finding of Sexual Motivation Indecent Liberties Sexually Violate Human Remains Dealing in Depictions of a Minor Voyeurism PREPARATION OF DISCLOSURE OF CRIME STATISTICS Campus crime, arrest and referral statistics include those reported to the PNWU Security, designated campus officials (including but not limited to directors, deans, department heads, designated PNWU staff, and advisors to students/student organizations), and local law enforcement agencies. Although not required by law to be included in the annual security report, the statistics may also include crimes that have occurred in private residences or businesses to provide a more comprehensive picture of the campus community. Psychological Services personnel inform their clients of the procedures to report a crime to the University Security Department or Yakima County Sheriff’s Department on a voluntary or confidential basis, should they feel it is in the best interest of the client. A procedure is in place to anonymously capture crime statistics disclosed confidentially during such a session. The crime statistics along with a summary of safety and security policies are part of the annual security report. Procedure: Each year, an e-mail notification is made to all enrolled students and employees that includes the web site to access the Annual Security Report. Copies of the report may also be obtained at the Director of Security Office located at Butler Haney Hall Room #140 or by calling 509-249-7727. All prospective employees may obtain a copy from Human Resources in Iron Horse Lodge or by calling 509-249-7714, and the web site address will be included in PNWU employment applications and student application materials. ANIMALS ON CAMPUS In consideration of personal safety as well as sanitation, no person may bring an animal onto the university campus, except for: 1. Service animals for the disabled. A “service animal” for the purposes of this policy is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; 2. Conditions related to ADA where reasonable accommodations can be made; 3. Animals approved for academic research; 4. Animals that are brought on campus for a purpose specifically approved and under conditions approved by the President or designee; All service animals must be on a leash and not a threat to anyone on campus. 87 | P a g e Documentation must be brought to the Office of Human Resources supporting the request to have an animal on campus. EMERGENCY NOTIFICATION SYSTEM In accordance with the Jeanne Clery Act, Pacific Northwest University will immediately inform the campus community about a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.” Some examples of emergencies or dangerous situations may include: Armed/Active Shooter Bomb Threat Catastrophic Earthquake Flooding Hanford Radiation Leakage or Explosion Hazardous Materials Release Inclement Weather IT Systems Failure Major Fire/Explosion Utility Outage Volcanic Eruption Wildfire/Brushfire In addition, PNWU shall, “Provide timely warning in a manner likely to reach all members of the campus community. . . Timely warnings are limited to those crimes an institution is required to report and include in its ASR [Annual Safety Report].” Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. Procedure: A) Activation Authority (Life Safety) It is the responsibility of the following authorized persons to confirm an emergency, determine the appropriate segment(s) of the campus community to receive a notification, determine the content of the message, and initiate the selected communication media within the Pacific Northwest University emergency notification system. These personnel will, without delay and taking into account the safety of the community, activate the notification system, unless issuing a notification will in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. 88 | P a g e 1) If a significant emergency or dangerous situation exists on campus, one of the following individuals should be notified to initiate the Pacific Northwest University Emergency Notification Systems. a) University President b) Chief Business Officer c) Chief Financial Officer d) Chief Advancement Officer e) Director of Security f) Director of Facilities g) Director of Technology Services h) Or Designee (Chief Academic Officer, Dean-COM, Dean-CAHS) 2) As practical without jeopardizing life safety, the authorized individuals (or their designees) shall consult the one other person on the list prior to emergency message dissemination. However if an individual is unavailable, or time does not allow for a delayed warning, subsequent approval is not necessary. 3) All Security Department personnel may be contacted 24/7 by calling (509) 823-3346. B) Confirmation of an Emergency 1) If the person(s) authorized to send a message has not confirmed the emergency first-hand they will contact the Pacific Northwest University Department of Security Director to receive an update about the current situation. If applicable, they also may choose to contact the local county law enforcement or emergency response agencies for information. 2) If sending a notification of a confirmed emergency or dangerous situation compromises the efforts to: assist a victim, contain the emergency, respond to the emergency, or otherwise mitigate the emergency, a notification is not required to be sent. C) Determine the Appropriate Segment of Campus to Receive a Notification 1) The entire campus community may be notified when there is at least the potential that a very large segment of the community will be affected by the situation, or when the situation threatens the operation of the campus as a whole. 2) If an emergency condition exists, but is isolated to a specific part of the campus, notifications may be made to that specific area instead of notifying the entire campus community. 3) As the incident progresses, personnel will continually assess the situation and additional segments of the campus community may be notified if a situation warrants such action. D) Available Communication Media 1) www.pnwu.edu Emergency Banner Notification located on the homepage (only during an emergency). 2) Rapid Notify Emergency Notification System a) Text Messages (i) All students, staff, and faculty who provide their cell phone numbers upon admission or hire, are automatically enrolled in the Rapid Notify text messaging option unless they choose to opt-out. b) Email (i) All students, staff, and faculty will automatically receive Rapid Notify e-mail message alerts to their PNWU provided e-mail address. c) Voice messaging 89 | P a g e 3) 4) 5) 6) (i) All staff and faculty will automatically receive Rapid Notify voice alerts to their PNWU provided cell phone and office phone numbers. All PNWU students will receive voice alerts to their primary contact phone number. VOIP In-House/Public Paging System Fire Alarm Radio Broadcast to: a) KIT-AM News Talk 1280 b) KQMY-FM 99.3 c) KATS-FM 94.5 d) KFFM-FM 107.3 e) KDBL-FM 92.9 f) KUSA Talk 980 AM g) KARY 100.9 FM h) KXDD 104.1 FM i) KJOX 1390 AM j) KRSE 105.7 FM k) KHHK HOT 99.7 Television Broadcast to: a) KAPP/KVEWTV b) KNDO/KNDUTV c) KIMATV/CW This list does not imply that all media will be used for every notification. Every incident is unique; therefore different communication media will be activated based on their reach, effectiveness and location. The following circumstances are outlined to provide guidance to authorized personnel when selecting communication media, and to provide the community an understanding as to which forms of communication may be used in various scenarios. Requires Action: If a situation exists that poses an immediate risk to life safety and requires persons to change their behavior (i.e. seek shelter, evacuate, etc.), information may be pushed using disruptive media (i.e. VOIP in-house paging, text messages, radio, television, fire alarm, etc. Public Notification: If a situation exists where persons should be notified about an incident that is not immediately life threatening (i.e. crime alerts, situations that have been contained, etc.), e-mail and/or voicemail, may be used to communicate the information. E) Determine the Message Content 1) The persons authorized to send a message have a number of pre-scripted, pre-approved messages from which to choose. However, if there is no pre-approved script for an incident, as practical without jeopardizing life safety, the person authorizing the activation should consult with University Advancement and/or the Director of Communications for content considerations. F) Initiate the Notification System 1) Once the authorized person has confirmed the emergency, selected the areas of campus that need to be notified, chosen the appropriate communication media to use, and determined the 90 | P a g e content of the message, they will call the personnel responsible for physically activating each individual communication medium. 2) Each communication medium listed in Section II.D has trained personnel able to physically activate the system. The list of trained personnel for emergency notification dissemination is included in the ENS training material provided to all those who have been trained in the process of authorizing and implementing the emergency notification system. G) Disseminating Information to the Larger Community 1) If a dangerous situation exists on campus that has the potential to affect the surrounding Yakima Community, the person who authorized the alert will immediately call or assign someone to immediately call 9-1-1, or the appropriate authority dependent on the nature and type of emergency, to make the determination to initiate its community notification process. H) Follow-Up Communication 1) Once a mass notification is issued, the person who authorized the notification should contact the Chief Advancement Officer and/or the Director of Communications, and the Emergency Management Team as soon as possible. 2) The initial notification should be followed by a subsequent message(s) that provides greater detail of the incident and/or protective action recommendations. If the incident requires an extended response time, subsequent information releases should be done so at the discretion of the Chief Advancement Officer or designee. I) Reporting an Emergency 1) In an Emergency: Call 911 and then notify PNWU campus security at (509) 823-3346 if safe to do so. 2) Non-Emergent Situation: Call PNWU campus security at (509) 832-3346. 3) Activate one of the emergency call boxes around campus 4) To remain anonymous, use Crime Stoppers. Call 1-800-CRIME-SC or text TIPSC & your message to CRIMES (274637) a) The Division of Law Enforcement and Safety may not investigate an issue based solely upon anonymous reports. J) Emergency Notification Tests 1) The PNWU Emergency Notification System should be tested at least once a year to ensure the system is operational. 2) A summary of the University’s emergency response and evacuation procedures should be distributed in conjunction with at least one calendar test per year. 3) After each test or activation of the PNWU Emergency Notification System, a brief after action report should be written to evaluate the event against measurable goals. This document should include: purpose, date/time, whether the test was announced or unannounced, participants, description, successes, shortcomings, and corrective action recommendations. K) Timely Warning 1) Pacific Northwest University will, “Provide timely warning in a manner likely to reach all members of the campus community. . . Timely warnings are limited to those crimes an institution is required to report and include in its ASR” when it may aid in the prevention of similar occurrences. a) This includes: (i) Criminal Offenses – Criminal Homicide, including: (a) Murder and Non-negligent Manslaughter, and Negligent Manslaughter; (b) Sex Offenses including: Forcible, and Non-forcible; (c) Robbery; (d) Aggravated Assault; 91 | P a g e 2) 3) 4) 5) 6) (e) Burglary; (f) Motor Vehicle Theft; and (g) Arson. (ii) Hate Crimes – Any of the above-mentioned offenses, and any incidents of: (a) Larceny-Theft; (b) Simple Assault; (c) Intimidation, or (d) Destruction/Damage/Vandalism of Property that were motivated by bias. (iii) Arrests and Referrals for Disciplinary Action for Weapons: Carrying, Possessing, Etc., Drug Abuse Violations, and Liquor Law Violations. b) The University is not required to provide a notification for non-Clery crimes; however warnings may be sent for other safety issues at its discretion. c) The University is not required to issue a notification for crimes reported to pastoral or professional counselors. When issuing a timely notification, the University will consider the following factors surrounding the crime: a) The nature of the crime b) The continuing danger to the campus community c) The possible risk of compromising law enforcement efforts. When determining the content of the message, the University should include as many available details as possible, including: a) Type of alert b) Location c) Suspect(s) description d) Incident summary e) Any information that promotes safety and aids in the prevention of similar crimes. Personally identifiable information is generally precluded from disclosure. However, the Family Education Rights and Privacy Act (FERPA) does not preclude the University’s compliance with the timely warning provision. a) FERPA recognizes that information can, in case of emergency, be released without consent when needed to protect the health and safety of others. b) In addition, if the University utilizes information from the records of a campus security department to issue a timely warning, FERPA is not implicated as those are not records protected by FERPA. The University may send timely warnings by various communications media including: posting information on the PNWU website, or by sending the message via University e-mail. The Director of Security or his/her designee will be the person responsible for authorizing and issuing timely notifications on behalf of the University. PARKING PNWU shall provide parking as a courtesy for employees, students, and visitors on campus. General parking spaces are open for all vehicles with any type of valid PNWU parking permit. PNWU shall not be responsible for any theft, vandalism, or other damage occurring while a vehicle is parked on campus. Employees and students shall report all vehicle accidents to Security regardless of the severity. Procedure: 92 | P a g e Vehicle Accidents A vehicle with a state handicap permit or license plate may park anywhere on campus except for fire lanes. Any unauthorized parking may result in a citation and fine issued. A Security officer will complete a written report for all reported traffic accidents, which can then be submitted to the individual’s insurance company. If the accident involves an injury or is deemed a reportable accident per state, county, or city law, the appropriate law enforcement agency will be contacted. If the vehicle has a temporary state-issued handicap parking permit, then it must have a second, valid campus parking permit. These vehicles are allowed to park anywhere on campus except for fire lanes. Fire Lane There is absolutely no parking in a fire lane for any reason. Loading Zones There is no parking allowed in a Loading Zone unless the vehicle is loading or unloading equipment or passengers. Even if the vehicle is loading or unloading equipment or passengers, the vehicle cannot be in the Loading Zone for more than 20 minutes.. If a vehicle is parked in or blocking a Loading Zone and the vehicle is not loading or unloading equipment or passengers, the vehicle will be towed at the vehicle owner's expense. No Parking Zones There is no parking allowed in a No Parking Zone unless a vehicle needs to load or unload equipment or passengers and there is no Loading Zone available. If this case, the vehicle can use the No Parking Zone but only for the time it takes to load or unload. Never leave a vehicle unattended in a No Parking Zone. Parking Permits General parking on the PNWU campus is free to all students. All students are required to register their vehicle and receive a parking tag for the vehicle. In the event that something happens to your vehicle while it is on campus, the decal provides a method of contacting you quickly. To receive a parking permit, contact Security or visit the Security kiosk. Staff Parking Staff parking places are designated by a posted sign or a label of "Staff-Faculty Parking.”. Vehicles with a PNWU staff parking permit, service pass, volunteer pass, temporary staff permit (with a second, valid permit) or a disabled parking permit may park in staff parking. Any vehicle that does not have one of these permits that is parked in a designated staff parking place is in violation of the parking regulations. 93 | P a g e After 5:00 P.M., staff parking spaces become general parking spaces. Towing a Vehicle Contact the Director of Security or designee. Notify Security. Tell Security the name for the tow company, when the tow truck arrived and departed, and the reason for the action. Violators: Employees violating the parking policy will be referred to the appropriate director and human resources. Students violating the parking policy will be referred to student services to determine the appropriate action. 94 | P a g e INFORMATION TECHNOLOGY COMPUTER, EMAIL & OTHER ELECTRONIC DEVICES All PNWU-provided computing resources are to be used for business purposes only during work hours and should not be used to conduct non-university business or used for personal reasons. All computing equipment furnished to employees is the property of the university and PNWU reserves the right to monitor computer activity and electronic documentation and communication. This policy includes, but is not limited to: email, on-line documentation, phone calls, cell phone usage, and text messages. PNWU may perform video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage and prevent harassment and workplace violence. At PNWU, employees may not display, download, or email unacceptable content. Examples of unacceptable content include, but are not limited to; sexual comments or images, racial slurs, genderspecific comments, or other comments or images that could reasonably offend someone on the basis of race, age, sex, religious or political beliefs, national origin, disability, sexual orientation, or any other characteristic protected by law. Employees are not allowed to use email to solicit, contribute to, or advertise for non-university businesses, religious organizations, political causes, for profit fundraisers, or any other outside organizations. All software purchases and installations must be approved by Technology Services, this includes installation of already licensed software. PNWU prohibits the illegal duplication of software and its documentation. Employees are required to notify a supervisor, the Director of Information Technology, or the Human Resources Department of an infringement, of suspected infringement of the above policy. Employees who violate this policy are subject to disciplinary action, including termination of employment. Internet Use: Internet usage is monitored and logged by Technology Services. PNWU may be legally required to provide this information to law enforcement agencies or other parties. Employees should always make sure that the business information contained in email messages and other electronic transmissions is accurate, appropriate, ethical, and legal. PNWU does not allow the unauthorized use, installation, copying, or distribution of copyrighted (See Copyright Policy), trademarked, or patented material on the Internet. As a general rule, if you did not create the material, do not own the rights to it, or have not received authorization for its use, you may not put the material on the Internet. Employees are responsible for making sure that anyone who sends them material over the Internet has given the appropriate distribution rights. Employees who use the Internet in a way that violates the law or PNWU policies, will be subject to disciplinary action, up to and including termination of employment. Employees may also be held 95 | P a g e personally liable for violating this policy. The following are some examples of prohibited activities that violate this Internet policy: Sending or posting discriminatory, harassing, or threatening messages or images Using the organization's time and resources for personal gain Stealing, using, or disclosing someone else's code or password without authorization Copying, pirating, or downloading software and electronic files without permission Sending or posting confidential material, trade secrets, or proprietary information outside of the organization Violating copyright law Failing to observe licensing agreements Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet services and transmissions Sending or posting messages or material that could damage the organization's image or reputation Participating in the viewing or exchange of pornography or obscene materials Sending or posting messages that defame or slander other individuals Attempting to break into the computer system of another organization or person Refusing to cooperate with a security investigation Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities Using the Internet for political causes or activities, religious activities, or any sort of gambling Jeopardizing the security of the organization's electronic communications systems Sending or posting messages that disparage another organization's products or services Passing off personal views as representing those of the organization Sending anonymous email messages Engaging in any other illegal activities It is also the policy of the university that employee’s personal websites (e.g., blogs, MySpace, Facebook etc.) not include information about the University, its employees, students, systems, policies, practices or any business or individual associated with the University or its affiliates. Employees and those who leave the University and fail to abide by compliance, confidentiality, and PNWU policies may be subject to legal and disciplinary action up to and including termination. All Employees must acknowledge and comply with the University’s Computer and Network Usage Agreement. For additional information about the use and policies pertaining to e-mail and other network usage contact the Technology Services Department. Email Etiquette: Think before you write. Ask yourself if e-mail is best way to communicate your message. Should you communicate by phone or in person instead? If the content is emotional or if it is bad news, choose phone or in person. All emails are public documents and are subject to subpoena and public disclosure. 96 | P a g e If you have received an email that is emotionally charged, take time before responding. No knee jerk reactions; better to cool down and then call the person to resolve the problem. If you respond by email, wait 24 hours and reread the message to make sure you still want to send it. Ask yourself if this message gets forwarded or made public, will there be bad consequences for me or for the organization? If so, use the phone instead. Emails can be used as evidence in lawsuits so be conscious of how your writing could be interpreted. Your emails are not private and can be reviewed at any time by the organization. Always include a subject line. Make the subject line relevant to the message so the email is easy for the recipient to sort. If you are responding to an email but changing the topic, change the subject line. If the message is just for information, include “FYI” in the subject line. If the message contains a request, include “Request” in the subject line. Use words like “Timely” or “Urgent” in the subject line sparingly. Be clear and concise in the body of the e-mail. State the subject of the message. Say why you are sending the message to this person or this group of people. Explain the subject. Keep it short. List the requests at the end of the message in a separate section so the requests stand out. Make sure to include the due dates for the requests. Proofread for spelling and grammar. Grammar and spelling errors can undermine your professionalism and change the meaning of what you thought you were saying. Beware of using humor. Humor, especially sarcasm, in an email can backfire. Be considerate when replying to emails. Reply immediately to emails you receive, even if you just let the sender know you got the message and will follow up with a more complete response later. Be sure to “recap” the prior message so the recipient knows what you are talking about. Even if you are replying in a long string of messages, “recap” before you respond. Don’t expect that people will read the long string of messages. If the email is getting too long or complicated, consider a better alternative such as a phone call or in person. Please…say please and thank you. DON’T TYPE IN ALL CAPS. That’s considered yelling and is often perceived as rude and annoying. Include your contact information. Please use the standard signature block at the end of your email including name, title, phone and fax number, email address, website address, tag line and confidentiality statement. Please see Human Resources for assistance. Send group emails only when necessary. 97 | P a g e Put the recipient names in the bcc box to protect their privacy of their addresses. Then address the message to yourself. Make sure the people on your list really need to receive the message. Telephone and Cellular Phone Use: Telephone communications are an important reflection of our image to students, customers, and the community. Always use proper telephone etiquette. The following are some examples of good telephone etiquette: use the approved greeting, speak courteously and professionally, repeat information back to the caller, and only hang up after the caller hangs up. Employees may have their telephone conversations monitored or recorded. Telephone monitoring helps us to identify training needs and performance problems. Employees may be required to pay for any associated long distance charges if they use a PNWU phone for personal reasons. Cell phones may be issued to University employees who have a frequent need for remote phone access. Employees shall use their cell phones for necessary university business related to employment and educational purposes. Each employee shall be responsible for the safekeeping, care and custody of the assigned cell phone. Employees should be aware that cell phone conversations are not secure and should use discretion in relaying confidential information. There may be tax consequences for such cell phone use so please consult with Human Resources prior to accepting a cell phone. Employees who are non-exempt, or paid hourly, may be issued a cellular phone for use during work hours. If an employee needs to use one of these devices for business use outside of normal working hours, prior supervisory approval is required, and employees must document their work hours so that they can be paid appropriately for their time. The current policy regarding PNWU Provided Cellular phones is located here: https://secure.compliancebridge.com/pnwu/public/index.php?fuseaction=print.preview&docID=467 TECHNOLOGY SERVICES INFORMATION AND DATA PROTECTION PNWU will take measures to guard against unauthorized, or unlawful, processing of personal data and against accidental loss, destruction, or damage of personal data. This includes: Adopting an information security policy (this document is PNWU’s policy) Taking steps to control the physical security of files and computing devices Putting in place controls on access to information (password protection on files and server access) Establishing a business continuity/disaster recovery plan (PNWU makes back-ups of its data and stores those backups away from the office in a safe location) Training of all staff on security systems and procedures Detecting and investigating breaches of network, and file security, should they occur 98 | P a g e Procedure: Data Protection Principles Whenever collecting information about people, PNWU agrees to apply the following Data Protection Principles: 1. 2. 3. 4. 5. 6. 7. Personal data should be processed fairly and lawfully Personal data should be obtained only for the purpose specified Data should be adequate, relevant and not excessive for the purposes required Data is accurate and kept up-to-date Data should not be kept for longer than is necessary for purpose Data is processed in accordance with the rights of data subjects under this policy Security: appropriate technical and organizational measures should be taken to protect against unauthorized, or unlawful, processing of personal data and against accidental loss or destruction, or damage, to personal data. Working from home (applies to all employees, both faculty and staff) If working on something both at home, and at work, try to keep both sets of information up to date Home computers should have work related records removed once the records are no longer needed for work at home Faculty and staff working at home should agree to the following: Keep work taken home relatively secure Ensure adequate anti-virus software is installed on home computing devices Return all work related material upon the completion /termination of their contract Inform the university if information stored on home computing devices is lost, or stolen DOMAIN, EMAIL AND CRITICAL APPLICATION PASSWORDS PNWU recommends that passwords are strong and are changed every 90 days. PNWU enforces password changes once a year, but it is recommended that users change their passwords every 90 days. Passwords for third- and fourth-year students will be exempt from the annual password change policy. PNWU IT Services may require a user to change their password if a user, or a computer they have used, has been compromised or may be a security threat to the PNWU network. Password changes are required if a computer is lost or stolen or if a computer has been compromised by a virus or malware. Definitions: 99 | P a g e Critical business applications currently include PowerCAMPUS, Great Plains, PowerFAIDS, and Raiser's Edge. Procedure: Password Recommendations: Password strength is enforced by PNWU IT services and passwords are required to be at least eight (8) characters, alpha/numeric, and contain special characters. An ideal password is long and has letters, punctuation, symbols, and numbers. Whenever possible, use at least 14 characters or more. Use of a variety of characters in your password is encouraged. Use the entire keyboard, not just the letters and characters you use or see most often. HARDWARE/SOFTWARE PURCHASES The purpose of this policy is to ensure that all University and partnership programs hardware and software purchases are compatible with the University’s environment, have been approved by the appropriate department(s) and/or person, and will enhance efficiency of the University overall. University hardware/software purchased with University funds or installed on University equipment must be in accordance with the University's financial policies and with the rules and procedures for purchasing and acquiring software. These include prior approval of proposed purchases and acquisitions by Technology Services so that technical, licensing, support, and expense can be considered. Technology Services will maintain an inventory of all University software including the licenses, installations, licensing keys, agreements, media, permitted uses, and the source of funding. There will be no University or technical support for personal purchases. Personal purchases for University managed devices that may affect other devices (such as a computer) cannot be made and may not be installed without consulting IT in order to maintain integrity of PNWU systems. No person may use software in violation of the applicable licensing agreement. Procedure for Individual Hardware or Software Requests: 1. Prior to purchasing any hardware or software, please submit a request through the IT Helpdesk by emailing the [email protected] ticketing system with the details of the software/hardware, its supplier, cost, and what the software/hardware will be used for. 2. Technology Services will normally expect to approve hardware or software requests without undue delay. 3. If the hardware/software request is denied by Technology Services the requestor will receive a notification of denial and the reason for the denial. If possible, Technology Services will work with the requestor to explore other alternatives. 100 | P a g e 4. If IT approves the purchase it is the responsibility of the requester to take the purchase request through established University processes and obtain further approval from his/her supervisor and/or budget approver. Procedure for Enterprise (Multi-user) Software or Hardware Requests: 1. Prior to purchasing any enterprise (multi-user) software or hardware, please submit an email to the Director of Technology Services with the details of the software/hardware, its supplier, cost, the number of licenses required, and what the software/hardware will be used for. 2. Technology Services will work with the department to determine if: The hardware\software will be compatible with the networking infrastructure for the University. Technology Services will be able to provide technical support for the hardware\software being acquired. There is already a license agreement in-place to cover the software. The agreement(s) will conflict with existing agreements. Another hardware\software vendor may provide better pricing or arrangements. After review, Technology Services will write up a formal recommendation of either approval or denial. 3. If the hardware/software request is denied by Technology Services the requestor will receive a notification of denial and the reason for the denial. If possible, Technology Services will work with the requestor to explore other alternatives. If IT approves the purchase it is the responsibility of the requester to take the purchase request through established University processes and obtain further approval from his/her supervisor and/or budget approver. UNAUTHORIZED PEER TO PEER FILE SHARING AND OTHER COPYRIGHT INFRINGEMENTS I. ANNUAL DISCLOSURE At the beginning of each fall semester, the following statement (“P2P Policy”) will be incorporated into the Student Catalog and Employee Handbook and made available to all students, staff, and faculty. Institutional policies and sanctions related to the unauthorized distribution of copyrighted material: The University takes copyright infringement seriously. As set forth in the Computer and Network Usage Agreement, all students, staff, and faculty must abide by federal and state copyright laws when using University computing or network resources. The unauthorized publishing or use of copyrighted material on the University computer network is strictly prohibited and users are personally liable for the consequences of such unauthorized use. This specifically applies to Peer-to-Peer or P2P file-sharing of copyrighted music and movies. Students should be aware that by engaging in unauthorized sharing of copyrighted material, they not only violate University policy, but they may also be held criminally and civilly liable by federal and/or state authorities. 101 | P a g e Under current copyright law, criminal cases of copyright violation carry a penalty of up to five (5) years in prison and a $250,000 fine. Civil penalties for copyright infringement include a minimum fine of $750 for each work. Pacific Northwest University of Health Sciences will subject students, staff, and faculty who violate this policy to discipline as appropriate. For a first-time violation of this copyright policy, students, staff, and faculty are required to remove the copyrighted item(s) and cease sharing immediately. Repeated infringement is subject to disciplinary action by the Office of Student Affairs, or by the Office of Human Resources, up to and including expulsion or termination from the University. II. PLAN TO EFFECTIVELY COMPAT UNAUTHORIZED DISTRIBUTION OF COPYRIGHTED MATERIALS PNWU takes the following steps to combat unauthorized distribution of copyrighted materials: 1. PNWU employs a network device to reduce or block illegal file sharing using. 2. PNWU limits the wireless network to “inbound” traffic only, with the intent of effectively eliminating the ability of those individual computers to act as servers for any kind of content including copyrighted material. 3. PNWU’s “Network and Computing Usage Agreement” explicitly prohibits unauthorized publishing of copyrighted material, and all campus community members are required to acknowledge and accept this policy before being granted access to University Computing Resources. 4. PNWU will respond promptly to all Digital Millennium Copyright Act (DMCA) notices of unauthorized copyright use. 5. Computing support staff, including student help desk workers, are regularly trained on the University’s copyright policy. III. PLAN TO OFFER LEGAL ALTERNATIVES FOR ILLEGAL FILE SHARING The Higher Education Opportunity Act requires all colleges and universities to offer legal alternatives to unauthorized downloading. Educause provides this list of these legal alternatives. The products or services listed are in no way endorsed or evaluated by PNWU. IV. REVIEW OF EFFECTIVENESS OF COPYRIGHT INFRINGEMENT DETERRANCE PLAN As part of PNWU’s continual internal information security assessment, the efficacy, and operation of the copyright infringement deterrence plan will be reviewed by the Office of Technology Services. 102 | P a g e UNIVERSITY FACULTY GENERAL GUIDELINES FACULTY POLICIES The Policies of PNWU faculty is a set of policies and procedures approved by the Board of Trustees with the intention of facilitating the faculty’s understanding of their roles and the policies and procedures they shall follow that define faculty membership, the responsibilities of the faculty and the policies and procedures that guide faculty function. All policies and procedures are subject to federal laws, to the laws of the state of Washington, and to the authority vested in the Board of Trustees. The board bylaws and policies supersede any inadvertent conflicts in this handbook. The Board of Trustees of PNWU is the ultimate governing unit of the university and as such has approved the Employee and Faculty Handbook Policies. FACULTY RECRUITMENT, SEARCH AND HIRING The faculty search and hiring process begins at the department/division level. Full-time faculty in each department/division will meet prior to the budgeting process of each academic year to determine the department/division's staffing needs for the coming academic year. Each department chair/division head then submits a written request to the appropriate assistant dean and then to the appropriate Assistant/Associate Dean. If the assistant dean and the appropriate Assistant/Associate Dean agree with the department/division’s request, the request is forwarded to the Dean. The request should be a written rationale, prepared by the department/division and supplemented by the appropriate assistant dean, documenting the need for the position and explaining how the hire will advance the department/division’s immediate and long-term programmatic objectives. The Dean will confer with the appropriate Assistant/Associate Dean, and the department chair/division head to establish appropriate rank, salary range, and duties for the position description. All full-time faculty searches and hiring decisions must be approved by the President. Final determination of these and other matters, such as length of probationary period, will be made by the Dean after candidate selection. A. All faculty positions will have job descriptions and it is recommended that they address scholarly expectations along with disciplinary expertise required for the position. B. Once the search is approved by the President, the appropriate department/division selects a search committee in consultation with the appropriate assistant dean. Normally, the Dean will appoint at least one search committee member from outside the department/division. C. Search and start-up costs will be borne by the department/division. D. The search process will follow the appropriate procedures established by the Office of Human Resources. E. The search committee will receive all of the initial applications and comparatively evaluate all applications according to the accepted formalized criteria. The committee will give the appropriate department chair/division head the names of the three top candidates from a ranking process. 103 | P a g e F. It is the responsibility of the prospective faculty member to furnish the Dean with transcripts, credentials, and proof of experience as requested. In case of question, the burden of proof (satisfactory to the Dean concerning the validity of such documents) lies with the prospective faculty member, not the college. The contents of each faculty member's file will be available for his/her inspection at any time, with the exception of original letters of recommendation. These letters are sent under the assumption that confidentiality will be observed to the extent allowed by law. The college will not honor requests to send copies of personnel file transcripts or placement files to others since this is the function of the institution providing the originals. G. Chairs/Heads will present to the Dean full documentation for each of the three final applicants. The Dean should receive copies of the full application portfolio of all finalists. A 30-minute interview should be scheduled with the Dean for each finalist, preferably toward the end of the campus visit. H. During the campus visit, each of the candidates will give a presentation to the appropriate department/division faculty and to all other interested community members. Departmental/division faculty will rank the candidates based on the job talk and on other aspects of the campus visits. I. Once the department/division has determined its ranking of the candidates and the Dean has interviewed each candidate, the Dean, with the approval of the President and in consultation with the appropriate Assistant/Associate Dean, and with the appropriate department chair/division head, selects the candidate, determines the terms of the offer to the candidate selected, and tenders the formal offer. J. Although shared at certain stages with faculty, the ultimate responsibility for making recommendations for the employment of faculty rests with the Dean who then submits them to the President who makes the final decision. The Dean shall work closely with academic administrators and faculty members concerned in determining desirable qualities which should be possessed by new appointees. The scholastic record/other qualifications of the prospective appointee shall be judged primarily in the light of the work the appointee will do at the respective College. Credentialing Requirements All employed faculty shall undergo comprehensive credentialing, including, but not limited to completion of all hiring paperwork, policy acknowledgements and: A. Washington State Background Check B. Urine Drug Screen C. Primary Licensure Verification D. National Wide Wants and Warrants E. OIG/GSA F. Sex Offender G. Verification of Education H. Verification of Certifications All faculty on contract or adjunct status (including 3rd and 4th year personnel) will undergo a modified credentialing process, including, but not limited to completion of a contract or adjunct faculty application, confidentiality statement, photo/video release, sexual harassment acknowledgement and: A. Washington State Background Check 104 | P a g e B. Primary Licensure Verification FACULTY APPOINTMENT AND PROMOTION The purpose of this policy is to outline faculty appointment and promotion. Definitions Faculty--Defined A. As used in the policies, the word "faculty" shall mean only those individuals employed by the university: 1. Who teach or supervise students for credit or academic benefit, or who engage in scholarly activity or in other academic endeavors for the university; and/or 2. Who serve as librarians/professional media specialists or who serve as members of the counseling and testing services and who hold one of the academic ranks or professional designations listed in this handbook; and/or 3. Who provide direct administration of the academic programs of a college or program (e.g., Dean of the COM, Assistant Dean, etc.). a. If the majority of the assigned FTE is administrative, the individual does not have faculty voting rights. B. For the purposes of faculty membership, 0.2 FTE and above faculty are members of the Faculty Council of their respective college. Appointment--Defined A. Full-time appointment means that the faculty member is carrying a full faculty load to include teaching, scholarly activity, service and/or clinical practice, with a minimum 20% of time devoted to teaching. B. Part-time faculty are those with at least 20% time devoted to teaching who are generally paid a salary of .20 FTE or greater. C. Adjunct faculty are those with less than 20% time devoted to teaching. Those who lecture are generally paid per lecture hour. D. Adjunct Clinical faculty are those with less than 20% time devoted to teaching. They are paid or unpaid and are clinical faculty with teaching responsibilities of medical students, residents, and/or fellows occurring primarily in the context of patient-care related activities. Note: Faculty members who are normally regular full-time employees, who are on part-time or full-time leave of any kind as authorized by the appropriate Dean, or who have a part-time assignment shall retain the same employment status as accorded to all full-time faculty. Policy: 105 | P a g e Appointments--General Information A. All university faculty appointments are made by the President on the recommendations of the Dean of the respective college; therefore, university faculty have secondary appointment to their respective colleges. Faculty may hold appointment in more than one PNWU college or program. B. All appointments shall observe PNWU Equal Employment Opportunity Policy, be governed by professional considerations, and be based on merit, not political or other nonprofessional considerations. C. Appointment of full- or part-time faculty positions presupposes that the faculty member will fully meet the professional responsibilities of his/her college assignment and that work essentially related to those responsibilities will receive his/her primary attention and energies. Remunerative employment not connected with the respective college must be in accordance with the policies and shall not compromise performance of the faculty member’s college duties. D. Promotion in rank is not a guarantee. Periods of service at any given rank are not mandatory and may be lengthened or reduced in unusual circumstances. E. PNWU wants to retain and reward faculty members who consistently demonstrate effective teaching, scholarly activity, and service and/or clinical service. However, PNWU does not offer tenure. Instead, faculty members are initially contracted by PNWU for one probationary year. Kinds of Appointments All faculty appointments shall be of the following kinds: A. Full-time or part-time basic science and clinical science appointments; B. Administrative appointments; for example, chairs and committee memberships 1. Appointments are made at the discretion of the Dean of the respective college with the approval of the president. 2. Faculty can have both a faculty and administrative appointment. C. Adjunct appointments An adjunct appointment is one which clearly limits the contract duties of the individual with the respective college to less than a normal full-time assignment for the contract period. Adjunct appointments are for specific assignments that either carry a nominal fee or no stipend. 106 | P a g e 1. In order to meet the needs of the college, academically qualified individuals with instructional, clinical, or scholarly activity duties may be appointed, sometimes with nominal or no stipend, by the Dean. Appointments are subject to the recommendation of a department chair or division head, the appropriate Assistant/Associate Dean, and the Dean. 2. Adjuncts may be appointed to serve in the following ways: a. Adjuncts (instruction) may be appointed to provide field supervision, consultation/instruction where no regular instructional employee is available, who possesses the necessary expertise, or as emergency situations require; b. Adjuncts (scholarly activity) may be appointed to direct or engage in scholarly activity under a grant from an outside agency; c. Adjuncts (clinical) may be appointed, if properly certified and in active clinical practice in the medical or dental fields, in various clinical programs where such expertise is needed. 3. The performance of the adjunct appointees’ contracted assignments shall be evaluated by the appropriate assistant dean. Such evaluation shall be in accordance with departmental criteria and procedures, which may include student evaluation(s) of Adjunct Faculty, completed at the end of each class/rotation, and through the annual review conducted by the regional dean. 4. Adjunct faculty appointments covered in this section carry the following privileges: a. Use of available PNWU facilities, including library, as required for the adjunct's assignment; b. Access to CME and faculty development activities sponsored by the university or college. c. Representation through an elected delegate to the Faculty Council. D. Research (Scholarly Activity) appointments; Research faculty appointments are made to those qualified individuals whose sole or principal responsibility in the college is research. E. Affiliate Appointments; Affiliate appointments are intended to recognize professional contributions to the University by an individual whose principal employment lies outside the University. Affiliate appointments require the same qualifications as those required for faculty appointment to the corresponding rank. Affiliate appointments are not benefiteligible and are limited in the amount of salary they may receive through the University for a 107 | P a g e maximum one-year term. Affiliate appointments are recommended by the appropriate academic departments and approved by the dean and appointed rank by the President as Affiliate Assistant Professor, Affiliate Associate Professor, or Affiliate Professor, depending upon the qualifications of the appointees. Affiliate faculty must go through an abbreviated Human Resource process before being cleared for assignment. This includes a background check, appropriate licensure verification, CV review and references. Academic Rank Faculty shall be ranked according to the following classifications: 1) Instructor, 2) Assistant Professor, 3) Associate Professor, and 4) Professor. A. The minimum qualifications for the four academic ranks are designated by the college or program in accordance with accreditation standards and Washington Administrative Code. The original appointment of a faculty member shall normally be made at the rank for which that faculty member possesses the minimum qualifications, either in terms of academic preparation, experience, achievement, or a combination of any or all of these. Special situations may exist that may justify waiver of the minimum requirements as provided in the guidelines. Such appointments are recommended by the appropriate department/division and its chair/head, the appropriate Assistant/Associate Dean, and the Dean. The Dean may stipulate that vacancies/new appointments to be filled only at certain rank levels. B. The following are regarded as the minimum qualifications for rank, and it is recognized that at any given time, a significant number of faculty members will qualify for promotion according to these minimal standards. Evaluation of professional academic experience shall be at the discretion of the Dean in consultation with the university chief academic officer (provost) and/or the president. As a general guideline, each year of full-time faculty service at the collegiate/professional school level prior to appointment to a full-time position at PNWU shall equal one (1) year of professional academic experience. The Dean, in collaboration with his or her full-time faculty, shall promote consistency in the award of credits for prior non-collegiate professional experience. Such prior experience must be relevant to the appointee’s academic duties at PNWU. Generally, the college shall not award more than a total of two (2) years of service for prior non college/professional experience. Each appointee shall serve a probationary period of at least one year. Title Shall Hold: Additional Specific Requirements for Adjunct Clinical Faculty: Instructor Is a member of the faculty who holds a terminal degree related to the academic assignment. An instructor officially works under the supervision Residency training experience not required. Lecturers must have 108 | P a g e Assistant Professor of a professor, associate professor or assistant professor. A full-time faculty member with a doctoral or other terminal professional degree but lacking other criteria for assignment as an assistant professor may have initial assignment of instructor rank. terminal degree. The doctoral degree, as recognized by United States accrediting associations, (i.e., standards established by recognized United States accrediting associations). Previous faculty member in a college of medicine (osteopathic or allopathic) or satisfactory contributions as a full-time instructor, an adjunct clinical instructor, Board eligibility or certification (for clinical specialty); Overall requirements: Associate Professor Training and experience relevant to the assigned teaching Evidence of potential for scholarly productivity (membership in prof. organizations, publication of at least one paper) The doctorate degree or appropriate terminal degree (i.e., standards established by recognized United States accrediting associations) and 4-7 years of professional academic experience with rank as assistant professor; Overall requirements: Or Meritorious professional accomplishments commensurate with level of appointment. Examples may include: Demonstrated ability in clinical teaching by student evaluations An examiner for PNWU Annual OSCE Has given Medical Student Lectures Participate in PNWU Scholarly activity Publications and/or Presentation at National Conference Active in relevant professional/ scientific organizations (State/Local) Previous faculty member in a college of medicine (osteopathic or allopathic) or strong contributions to PNWU as an adjunct assistant professor, Board Eligibility or Certification for clinical specialty); Or Meritorious professional 109 | P a g e Mature, effective skill as a teacher as demonstrated by consistently good-toexcellent formal evaluations by students, peers, course directors or other academic supervisory administrators Participation in academic governance as demonstrated by effective service on University committees, participation in department activities, course development, etc. Continuous record of scholarly productivity as measured by attainment of most of the following: * membership in prof. organizations *routine presentations at meetings of professional organizations *maintenance of a research or other scholarly program as a principal investigator *active participation in productive joint research projects with other faculty or students *supervision and guidance of student-directed research projects *publication of scholarly activity in edited journals or authorship of monographs, reviews, books, etc. *successful extramural funding to support his/her own research or scholarly program *evidence of routine efforts to obtain extramural grant support to support proposed research Professor The doctorate degree in those fields in which such degrees are normally expected or the appropriate terminal degree (i.e., standards established by recognized United States accrediting associations) and 4-7 years of professional academic experience with rank as associate professor And Three (3) qualifications: accomplishments commensurate with level of appointment and/or continuous record of quality medical practice. Examples may include: Continued educational activities in any of the following areas: direct teaching, advising/mentoring, development of instructional materials and/or learner assessment Demonstrated evidence of high quality and impact teaching as evident by student evaluations Demonstration of high ethical and uncompromised professional standing Participate in PNWU Scholarly Activities, which may include, but is not limited to: o Publications and/or Presentation at National Conference o Active participation in relevant professional/ scientific organizations o Board certification/ eligibility in his/her specialty Previous faculty member in a college of medicine (osteopathic or allopathic) or strong contributions to PNWU as an adjunct associate professor, Board eligibility or certification for clinical specialty); Or Meritorious professional accomplishments commensurate with level of appointment and/or 110 | P a g e (1)Excellent teaching which commands the special respect of the faculty and students or, for faculty members who do not conduct organized classes, excellent performance of non-teaching duties; (2)Evidence of leadership in scholarly activities for example, but not limited to the following measurements: Leadership in professional organizations Actively involved in grant-seeking for scholarly activity-related activities Actively pursuing dissemination of scholarly activities Recognition of scholarly productivity Recognition and participation in evolution of nationwide medical education (3) Important professional contributions of local or general significance or considerable responsibility for college policy as chair or member of the various policy forming committees or a record of effective and significant contribution to the proper functioning of the college and the educational needs of students. continuous record of quality medical practice and regional/national leadership in clinical medicine. Examples could include: Acknowledged leader with regional/national recognition in the practice of a clinical specialty or field of scholarly activity Continued educational activities with increased level in any of the following areas: direct teaching, advising/mentoring, development of instructional materials and/or learner assessment Demonstrated evidence based on student evaluations of high quality teaching Demonstration of high ethical and uncompromised professional standing Participate in PNWU Scholarly Publications and/or Presentation at National Conference Active in relevant professional/ scientific organizations State/Local) Regional or national leadership in appropriate medical/scientific organizations Providing regional or national voice to improvement of medical care Conjoint Appointments. If an individual already has an appointment at the same or lower rank in any College of PNWU, only the approval of the appropriate department Chairs and Dean(s) are required. Procedure: Promotion Process A. Application for promotion begins when the candidate notifies the Chair of his or her intention in writing along with curriculum vitae and two letters of recommendation. 111 | P a g e B. The candidate’s information is forwarded to the Reappointment and Promotion Committee (composed of members appointed according to the COM Bylaws). This committee will examine all materials and make a recommendation. C. The Dean will receive the recommendations from the Reappointment and Promotion Committee and whatever other recommendations he/she deems appropriate and shall make the final recommendation to the President. D. All promotions should include rank at the time of appointment, length of appointment, department to which the appointment pertains, and applicable job description. E. If a faculty member is promoted during a contract that is not at its term, an addendum will be created with the new rank and/or applicable salary but will not necessarily affect the length of the contract term. FACULTY EVALUATION Evaluation is an essential part of faculty development. Each faculty member shall be evaluated in teaching, scholarly activity, service and professional development. The faculty evaluation process occurs at various hierarchical levels: 1) a faculty member’s self-evaluation; 2) peer evaluation 3) student evaluation; 4) Department Chair/Division Chief; 5) Reappointment and Promotions Committee; and 5) final evaluation by the Dean. Clinical faculty will have additional opportunity to provide information concerning their clinical practice relative to their academic goals. The specific objectives of faculty evaluation include the following: To assure that each faculty member works effectively to achieve the mission and vision of PNWU To maintain a vital, intellectually engaged faculty To promote consistent application of all evaluation procedures To include multiple sources of faculty data in faculty evaluation To include opportunities for the faculty to respond to and improve the evaluation process To balance institutional and departmental needs with individual faculty needs To retain and promote well-qualified faculty The evaluation cycle will focus on faculty activities between July 1 and June 30 of the following year (defined as the “academic year”).It begins as each faculty member explicitly describes his/her academic goals for the coming academic year. The faculty member has a goal-setting discussion with the appropriate supervisor(s). 1) Faculty Self-Evaluation 112 | P a g e Each faculty member will complete a Self-Evaluation report at the end of each academic year which summarizes activities during the year in the areas of teaching, scholarly activity, service and professional development. Clinical faculty may also comment on the role that their clinical practice serves in their academic function. Each faculty member should honestly and objectively evaluate his or her performance in each area of academic function. As a component of the Faculty Self Evaluation, each faculty member indicates his or her goals for the coming year in each of the four areas of academic function (Teaching, Scholarly Activity, Service and Professional Development). At the end of the year each faculty member’s progress toward those goals will be assessed. This essentially allows faculty members to be evaluated against performance expectations outlined in the agreement with the Chair, and over time allows faculty members to guide his or her own career paths within the context of the PNWU mission and with the help of administration. The final goals become a component of the next annual evaluation. However, it is recognized that circumstances and opportunities change during the year, and faculty goals may be altered. Such alterations shall be made in concert with the appropriate Department Chair or Division Chief. The completed Faculty Self-Evaluation is submitted to the appropriate Department Chair or Division Chief. 2) Peer evaluation Peer evaluation is a faculty-driven process and puts faculty in charge of the quality of their work as teachers. There are no universal criteria for evaluating teaching, but peer evaluations may include reciprocal classroom observation of teaching or other activities such as review of course content, student outcomes and evaluations, or exam questions. This process allows faculty to engage one another in a collegial fashion to discuss teaching goals and identify common teaching and curricular issues and also helps develop faculty leaders. Faculty peer review is a high-quality, evidence-based measure of teaching effectiveness that adds another important dimension to the annual faculty evaluation process which is used in promotion, merit reviews, and teaching awards. 3) Student Evaluations Separate evaluations of courses and faculty are conducted regularly. These evaluations give a voice to students and provide a valuable source of information about the student’s perceptions of faculty teaching. Evaluations are collected using standardized survey instruments and contribute to the overall picture of the faculty evaluation process. 4) Supervisor Evaluation A faculty member’s direct supervisor may be a department chair or division chief. Each supervisor conducts an annual evaluation of each faculty member that he or she supervises. Each supervisor asks specific questions that evaluate various aspects of the faculty member’s performance that has been under the guidance of the supervisor. The supervisor should meet with the evaluated faculty member and discuss the evaluation prior to submitting the evaluation to the Reappointment and Promotions Committee with a copy to the Dean. 5) Reappointment and Promotions Committee 113 | P a g e In the last year of a contract a summative evaluation will be conducted to include review and recommendations from the Reappointment and Promotion Committee (RPC). The RPC will submit its findings and recommendations to the Dean. 6) Dean The Dean shall provide a copy of their evaluation to each faculty member. Each faculty member may submit a confidential rebuttal to the evaluation directly to the Dean of the College if he/she feels the dean’s evaluation is inaccurate or not justified. SABBATICAL LEAVE Sabbatical is a rare opportunity, which is reserved for full-time faculty who, after a minimum of seven years of outstanding service to PNWU can petition the Dean for sabbatical consideration. Sabbatical leave is considered on a case-by-case basis and can be sought to allow faculty to participate in research and other scholarly activities. Sabbatical will only be granted if there are adequate finances and compelling reasons to approve the leave. The sabbatical at PNWU is an exceptional privilege, not a right, and requires a two year work commitment to the University following the sabbatical. PROFESSIONAL DEVELOPMENT LEAVE Faculty may be eligible for paid or unpaid professional development leave on a case by case basis as determined and approved by the Dean. The intent is to provide faculty with professional development opportunities that support their personal growth as well as the growth of the academic programs of the University. To be eligible, the faculty must provide a written request to the Dean that addresses the following: • The time period and dates of the faculty development leave (the faculty development leave shall be less than one year in duration) • How the professional development opportunity enhances the faculty member’s academic skills • How the professional development leave will contribute to the academic programs of the college and University • Document how academic assignments will be taken care of during the absence and not detrimental to the academic program in which the faculty member is responsible for. The faculty member’s immediate supervisor should submit a memo that supports the documentation. • Provide detailed description and program documentation for the professional development opportunity Faculty who are approved to attend with continued salary will be required to commit to one year of continued employment service from the date of return from the leave. If the faculty member leaves prior to the one year commitment is full-filled, he/she will repay the full salary paid during the leave period. FACULTY ABSENCE Faculty members who have an unexpected need to be absent shall contact their Department Chair as soon as possible. The Department Chair has the authority to ensure coverage for academic sessions and coverage. 114 | P a g e If the faculty member does not report to a Department Chair, notification of absence will be reported to the Dean. Procedure: Reassignment of responsibilities will be made by Dean. In the absence of the Dean, the following is the progression for reassignment: Assistant/Associate Dean of Basic or Clinical Sciences, the Chairperson of the Curriculum Committee for Year 1 and 2 students, the Assistant Vice-President of Academic Affairs for Year 3 and 4 students. The length of the absence may necessitate access to electronic media and mail to ensure uninterrupted operations. See the Leave of Absence guideline for absences in excess of three days. FACULTY GRIEVANCE This Policy is intended to provide a fair, internal process for resolving employment related disputes that arise between faculty or academic staff members and administrators or between faculty and students. The formal procedures described in this Policy are intended to be used only when matters cannot be resolved informally. The procedures contained in this Policy are not intended to be used to challenge the desirability of unit or University policies. The Faculty Council Grievance Committee The Faculty Grievance Committee is one of the Faculty Council Committees. It shall be concerned with attempting to resolve by informal means any specific faculty grievances. It shall also make recommendations on policy questions or issues–following or as part of its resolution of specific grievances, disputes, or conflicts–to the attention of the Dean, the Faculty Council Executive Committee, and other appropriate administrators. The actual grievance procedure is described in the following sections. Faculty Council Grievance Committee--Composition Any full-time member of the faculty is eligible to serve on the Faculty Grievance Committee. The composition of the Grievance Committee shall be established by the Faculty Council Executive Committee, as described in the Faculty Council section of this Faculty Handbook. No member of this committee, however, shall serve concurrently on the Faculty Council Personnel and Promotion Committee. Members of this committee shall be appointed by the Faculty Council Executive Committee and ratified by the Council at the last regular meeting of each academic year. Members and alternates shall serve terms of three (3) calendar years beginning July 1. Members and alternates may be reappointed and serve any number of successive terms. Terms shall be staggered so that only one position will need to be filled in any one year for both member and alternate. When the original appointee is unable to complete the full term of office, an alternate shall complete the remainder of that three-year term, at which time a new member and alternate will be appointed in the normal way. When an alternate 115 | P a g e replaces an original appointee to the Faculty Grievance Committee, a replacement alternate shall be appointed and ratified immediately to complete the remainder of the original appointee’s and alternate’s term. The Faculty Grievance Committee shall consist of three (3) faculty members. At least three (3) and not more than six (6) alternate members shall also be elected at the same time and in the same manner as the regular members and be possessed of the same powers and subject to the same restrictions as regular members. Alternate members shall serve in the place of regular members in the event that a regular member, prior to any hearing or consideration of an issue, disqualifies himself or herself for any reason, resigns, or is otherwise unable to serve as a functioning member of the Faculty Grievance Committee. The order of service of alternate members shall be determined by the chair of the Committee. Faculty Council Grievance Committee--Powers and Duties (General) The Faculty Council Grievance Committee shall have the following powers and duties: A. To establish rules or procedures for the resolution of grievances, provided that such rules or procedures are fair, are informal, and are not inconsistent with provisions of the Human Resource Policies; B. To perform the functions assigned to it by the section of the Human Resource Policies prescribing a grievance procedure; C. To attempt to resolve by informal means any specific grievances, disputes, or conflicts concerning members of the faculty, or having any special privileges in this Human Resource Policies, provided that, at the option of the individual aggrieved, decisions may be appealed and a formal hearing requested; D. To recommend policy questions or issues, following or as part of its resolution of specific grievances, disputes or conflicts, to the attention of the Dean or other appropriate administrators, and the Faculty Council Executive Committee for further consideration by any Faculty Council standing committees. Procedure: Grievance Procedure A. The grievance procedure hereinafter described is open to all faculty members, including part-time teaching faculty (except students) and adjunct faculty. The grievance may be against another faculty member, a staff member, a student, or an administrator, either singly or in groups. The Faculty Council Grievance Committee may accept a petition for review from a group of faculty members when substantially similar or identical complaints are made. The Faculty Council Grievance Committee shall decide the issue of similarity and identity of complaints. B. The following steps shall constitute the grievance procedure: 116 | P a g e 1. Prior to petitioning the Faculty Council Grievance Committee for a hearing, the aggrieved faculty member or, in the case of a group complaint, representatives chosen by the group, will discuss the grievance with the Dean or member of the college administration having direct responsibility for the area of concern to the grievant, and both parties shall make a good faith effort to settle the grievance; 2. If no mutually acceptable resolution of the grievance can be reached through discussion with the appropriate dean or college administrator, the aggrieved faculty member or group may petition the Faculty Council Grievance Committee for review. The petition shall be sealed, addressed to the Faculty Council Grievance Committee, and delivered to the office of the Faculty Council that will deliver the petition to all members of the Committee within one (1) working day after receiving it. The petition shall set forth in writing and in reasonable detail the nature of the grievance, shall state against whom the complaint is directed, and the relief sought. The petition may contain any information that the petitioner deems pertinent to the case. The petition may be revised or withdrawn by the petitioner at any time prior to the Committee's decision on whether or not to hold an informal hearing, but thereafter, only with the permission of the Committee; 3. The Faculty Council Grievance Committee will investigate the grievance and attempt to resolve the issue. If, in the opinion of the Faculty Council Grievance Committee following an investigation, a settlement is not possible, the Committee shall decide whether or not the facts merit an informal hearing. The Committee's decision of cause or no cause for an informal hearing shall be issued in writing within fourteen (14) working days of the delivery of the petition to the office of the Faculty Council. If a regular academic session is scheduled to end before the expiration of such time, the Committee shall have fourteen (14) working days commencing with the first day of instruction of the next succeeding academic session to issue its decision; 4. The Faculty Council Grievance Committee shall have the power to determine whether an action or decision of any faculty body, the faculty member, or college official complained of by the petitioner was the result of adequate consideration of all of the relevant facts and circumstances in terms of the policies, procedures, academic interests, and current circumstances of the college; 5. The Committee shall issue a written opinion embodying therein its findings and recommendations in any matter that comes before it. The opinion will be presented to the parties, the Dean (or the President in the event the Dean is a party to the grievance), to the President (or to the Board of Trustees in the event the President is a party to the grievance), and to the chair of the Faculty Council. It may be circulated more widely if in the judgment of the Committee, a matter of college-wide policy is involved; 6. All decisions of the Faculty Council Grievance Committee shall be by a majority vote of all the members of the Committee. 117 | P a g e Definitions: A. Grievance: A written complaint filed by a faculty or academic staff member against an administrator of the University alleging a violation of University, college, department, school, or unit policy or established practice. B. Faculty member: A person with a paid University appointment at the rank of professor, associate professor, assistant professor, or instructor, including those with fixed term and visiting status. C. Academic Staff: A person with a paid University appointment at the rank of academic specialist, lecturer, assistant instructor, research associate, or librarian, including those in a continuing appointment system and those with fixed term and visiting status. D. Administrator: A person appointed as the head of an administrative unit, school director, department chair, dean, or separately reporting director. 1 The President, the President’s Council and members of the President Council’s staff, and the FGO are not subject to grievance under this Policy. E. Policy: A written statement of principles and procedures that govern the actions of faculty, academic staff, and administrators, including written rules, bylaws, procedures, or standards. F. Practice: Actions taken by the administrator within an administrative or academic unit based on customs or standards in that unit that are usually unwritten but of long-standing duration, and for whose existence the grievant can offer evidence. G. Violation: A breach, misinterpretation, or misapplication of existing policy or established practice. INTELLECTUAL PROPERTY The Policy is divided into nine sections, namely: I. Definitions and information II. Use of the University Name and Trademarks III. Appropriate Use of Software IV. Policies applying to All Intellectual Property Matters V. Trademark Policy VI. Patent Policy VII. Dispute Resolution VIII. Administrative Procedures IX. Effective date and Amendments I. DEFINITIONS For the purposes of this policy, the following terms have the following meanings: “Device like Software”: is defined as software primarily intended to accomplish a task or to produce, manage or manipulate a product. 118 | P a g e "PNWU": is an acronym used as an alternate identifier for Pacific Northwest University of Health Sciences and, as used herein, shall mean all of University programs, wherever located or delivered. "PNWU Employee": refers to any employee, agent, or person providing services for the University. The use of PNWU Employee in this policy is not intended to suggest in any way that a contractor or volunteer in an employee of PNWU. “PNWU Resources”: are defined as all tangible resources provided by Pacific Northwest University of Health Sciences to Creators and includes: office, lab and studio space and equipment, computer hardware, computer software, computer support, secretarial service, research, teaching and lab assistants, supplies, utilities, funding for research and teaching activities and travel, and other funding or reimbursements. The term does not include salary, insurance, or retirement plan contributions made by PNWU to or for the benefit of Creators. “Information Software”: is defined as software primarily intended to provide information to the user similar to a textbook or encyclopedia. “Institutional works”: are defined as works that are produced: a. At the instigation of PNWU, b. Either as the result of the specific direction of PNWU, or as the result of performing those duties that one would reasonably expect to be performed by persons with the job description of the Creator, c. For use by Pacific Northwest University of Health Sciences, d. By a person (or persons) acting within the scope of his or her employment. “Instructional works”: (a sub-set of Institutional Works) are defined as Institutional works prepared by or at the direction of a faculty member for the presentation of assigned courses. Such works would include course syllabi, course outlines, lecture notes, tests, study guides and similar materials intended to be delivered online or through other non-traditional modes as well as course syllabi and course outlines for courses intended to be delivered in a traditional classroom mode. When a work satisfies both the definition of “Institutional works” and of “Instructional works” it shall be considered an “Instructional Work”. “Intellectual Property”: as used herein, refers to the legally recognized rights in works that may be suitable for copyright registration, trademark registration, inventions that can be patented under the laws of the United States and confidential or trade secret information. "Intellectual Property Committee": is defined as the Committee that administers the Intellectual Property matters of Pacific Northwest University of Health Sciences and recommends to the Chief Executive Officer of the University the disposition of Intellectual Property rights under this Policy. The seven (7) person Committee consists of: 119 | P a g e Four (4) Faculty Members: appointed by the Dean of the College of Osteopathic Medicine with the concurrence of the Chief Financial Officer. Two (2) Senior Administrators: the Chief Financial Officer and the Dean of the College of Osteopathic Medicine. One (1) The University Chief Executive Officer. "Patents": Patents protect ideas and methods of achieving tangible things. Patentable inventions include new devices, new ways of making and using devices, new plants, new genetic substances, new living organisms, and products of genetic engineering. If the new invention involves patentable subject matter, then the United States Patent and Trademark Office will grant a patent if the inventor files a timely patent application which adequately describes a new, useful, and unobvious invention. An Inventor may lose his/her right to patent the invention by certain disclosures made thereof prior to filing a patent application and/or if the invention has been in public use or offered for sale in the United States. "Required Disclosure": Premature disclosure of potentially patentable material can result in loss of patent rights. Thus, Pacific Northwest University of Health Sciences has an interest in protecting the form and timing of the results of potentially patentable work in which it has an intellectual property interest, which is why this Policy requires PNWU personnel to fill out an invention disclosure. In an effort to avoid subsequent ownership disputes, Washington statute law[1][1] requires all employees “at the time of their employment or thereafter” to disclose to their employer all inventions being developed by the employee, for the purpose of determining employer or employee rights as defined by RCW 49.44.150.” (Persons providing voluntary services for the benefit of Pacific Northwest University of Health Sciences are not required to disclose all inventions developed prior to University service.) "Service Mark": A word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish one's service(s) from others in the marketplace. "Trademark": are names, words, or symbols selected to identify businesses and their goods or services. Selection of a business or product name is an exercise of business creativity, which is usually followed by a substantial investment of time and money in an effort to add value to the new trademark. In most important ways, a trademark can be considered a "brand name.” “Traditional Works of Scholarship”: are defined as works that do not meet the definition of “institutional works”, that reflect research or creativity which, within PNWU and/or within the postsecondary education academic community generally, are considered evidence of professional advancement or accomplishment. Such works include scholarly publications, journal articles, research bulletins, monographs, books, and course materials developed for traditional modes of delivery as well as novel means of communication and new media forms. Such works also include “Information software” as hereinafter defined but does not include “Device type software” as herein defined. 120 | P a g e II. USE OF NAME AND TRADEMARKS AFFILIATED WITH PACIFIC NORTHWEST UNIVERSITY OF HEALTH SCIENCES By non-university personnel: The name, Pacific Northwest University of Health Sciences, and all its associated logos, seals and slogans are trademarks exclusively owned by PNWU. These trademarks may not be used for any purpose by any outside party without the written permission of the Chief Executive Officer (CEO) or the CEO's designee. By faculty, staff and students: University personnel are bound by the same rules as non-university personnel in the use of Pacific Northwest University of Health Sciences name and trademark properties for all endeavors not directly sponsored and authorized by PNWU. In addition, University stationery use is restricted to official University business and no report or statement issued as a result of private activities may use the name of Pacific Northwest University of Health Sciences nor appear to be an official document of the University. III. APPROPRIATE USE OF SOFTWARE Commercial software is subject to protection under federal and state copyright and trademark laws. The penalties for illegal software copying and/or infringement of trademarks can be $100,000 or more for each violation. Unless software has been explicitly labeled as being in the public domain, it should be considered as commercial software so as to protect the University and the user from litigation. Software suppliers typically restrict use of software to those buyers indicating acceptance of the licensing agreement either packaged with the software or affirmed at the conclusion of an End User License Agreement in order to download software from the Internet. Acceptance of the suppliers' terms and conditions may constitute a legally binding contract. Therefore, all PNWU personnel shall observe the restrictions attached to all software and not engage in restricted activities including but not limited to loaning, duplicating, installing, selling or distributing software by any means unless doing so is properly authorized. IV. POLICIES APPLYING TO ALL INTELLECTUAL PROPERTY MATTERS A. Notification - Intellectual Property Developed Prior to Employment Employees have an obligation to notify Pacific Northwest University of Health Sciences of all Intellectual Property that they own or are in the process of developing at the time of first employment with PNWU. Notification shall not be considered to be complete until such time a fully documenting memorandum of the intellectual property has been submitted to the Chief Financial Officer (CFO) of the University. This notification is a step required to protect both PNWU and the employee from any potential disputes regarding ownership. B. Notification - Intellectual Property Developed during Employment at PNWU 121 | P a g e Employees have an obligation to immediately notify Pacific Northwest University of Health Sciences of all Intellectual Property developed during employment with PNWU. This obligation remains in force whether or not the Intellectual Property has been developed with the use of PNWU resources or on the employee's personal time. Notification for patentable applications shall not be considered to be complete until such time as the form "Appendix 1" of the Intellectual Property Policy has been filled out in its entirety and submitted in confidentiality to the Chief Financial Officer (CFO) of PNWU. Notification for marks and/or copyrights is done by memoranda as outlined in sections V and VI below. This notification is a step required to protect both PNWU and the employee from any potential disputes regarding ownership. C. Personal Intellectual Property Rights of PNWU Employees Subject to the two exceptions set forth below, Pacific Northwest University of Health Sciences does not require an Employee to assign any of the Employee's rights in Intellectual Property for which no University equipment, supplies, facilities, or confidential or trade secret information was used, and which was developed on the Employee's own time[2][2]. There are two exceptions to this policy. Pacific Northwest University of Health Sciences does require an Employee to assign the Employee’s rights in Intellectual Property if: 1. The Intellectual Property is directly related to the general scope of the Employee's work at Pacific Northwest University of Health Sciences; or 2. The Intellectual Property results from work performed by the Employee for the University. D. Distribution or publication of Works identifying PNWU Affiliation: (prior approval required) Regardless of the ownership of Intellectual Property in a work, Pacific Northwest University of Health Sciences has an interest in preventing PNWU being inappropriately identified as the sponsor, employer of the author(s), or otherwise being affiliated with any work in a manner that might reasonably be construed as indicating PNWU’s authorization, sponsorship, or other approval of the contents of the work. Accordingly, no PNWU employee shall publish or broadly distribute any work outside the Pacific Northwest University of Health Sciences community which indicates or infers PNWU sponsorship of the work or of the author(s), or approval of the contents of the work, which has not been submitted to and approved by the Intellectual Property Committee. E. Works funded wholly or partially from extramural sources: Copyright, Trademark or Patent right ownership of all material that is developed pursuant to sponsored research funded in whole or in part by extramural sources, or is pursued under any agreement with extramural sources to which PNWU is a party, shall be determined in accordance with the terms of the sponsoring grant or other agreement or applicable laws and regulations[3][3]. In the absence of contrary terms in said grants or agreements, specifying the ownership and/or disposition of Intellectual Property rights: (a) as between PNWU and the University’s employees this policy shall determine the disposition 122 | P a g e of such rights and (b) as between PNWU and the extramural sponsor or agency, applicable Intellectual Property law, including statute law, shall determine such disposition.[4][4] It shall be the responsibility of all Pacific Northwest University of Health Sciences employees who negotiate agreements with any extramural sources which may reasonably be expected to result in the development of intellectual property to include in such agreements provisions which address the ownership and disposition of such developed property between the contracting partners, and to obtain the approval of the Chief Financial Officer or the Dean of the College to such provisions prior to committing the University. It shall be the obligation of all PNWU employees involved in writing and securing of grants or other sponsorship agreements that contain provisions regarding rights in Intellectual Property resulting from the sponsored programs to call the same to the attention of the academic departments assigned any part of the work covered by the sponsorship, and the responsibility of the Dean and Department and/or Program Heads of such departments to notify the faculty and, where appropriate, the students involved, of such terms. V. TRADEMARK POLICY Pacific Northwest University of Health Sciences is the owner of, and thereby legally responsible for, all trademarks or service marks created by PNWU employees within the scope of their employment. While the activities that foster creation of such marks are not common within the scope of PNWU's mission, they do occur. The use of trademarks and service marks without verification of their legal validity exposes Pacific Northwest University of Health Sciences to image-damaging and potentially expensive litigation. At the very least, a lack of knowledge regarding similar marks and their scope of use could lead to a waste of resources in development of a mark only to lose the legal right of its use. In order to prevent use of an infringing trademark or service mark, as well as to provide for the protection of a valid and potentially valuable mark, any proposed marks should be referred, by explanatory memorandum, to the Intellectual Property committee for evaluation. It shall be the role of the Intellectual Property committee to determine whether: a. the use of any mark is necessary to an activity; or b. an established PNWU mark is preferred for use; or c. the mark proposed to the committee can be used. The Intellectual Property committee shall, at the time of review, also establish the existence of any claim to mark ownership if extramural funding sources are involved in the activity which fostered the development of the proposed mark. VI. PATENT POLICY REGARDING POTENTIALLY PATENTABLE INVENTIONS AND DISCOVERIES 123 | P a g e A. Overview Liability. Pacific Northwest University of Health Sciences may hold an employee liable for lack of recognition of patentability of their work. Employees are responsible to evaluate their work and identify any work that is or might be patentable. Employees whose work may be patentable must familiarize themselves with the general procedures required to establish the ownership of the invention and the right to a patent. The following is a general description only. Any questions should be directed to the intellectual property committee. Precautions. Aside from criteria of novelty, non-obviousness and usefulness, successful patenting requires that: a) the development of an invention is thoroughly documented and b) that a United States Patent Application must be filed within one year of any sale, offer to sell, or public use of the invention. Additionally, to preserve patent rights in most foreign countries a U.S. Patent application should be filed prior to any "public disclosure" of the invention. Therefore, inventors should be very attentive to documenting their inventive work and avoiding any publication or public demonstration of the invention until application for patent has been made. Nature of Documentation. Invention documentation should, in ideal form, establish the facts and priority dates of an invention's original conception through the time it is reduced to commercial practice. The best means of accomplishing this task is by keeping an accurate record of all work and relevant thoughts in a bound journal or laboratory book: • Entries must be in ink. • Each page must be dated and signed by the inventor and witnessed by someone other than a member of the inventive team. • Errors must not be erased but rather "struck through" and corrections written in. Corrections should be initialed and dated if they are entered after the date of the original entry. B. Potentially Patentable works developed during the course of employment at Pacific Northwest University of Health Sciences: All PNWU employees are required and expected to complete an invention Disclosure document (substantially in the form of Appendix 1) for potentially patentable materials developed during the course of employment at PNWU. Said form shall be completed and delivered to the Chief Financial Officer as soon as reasonably practical after the employee becomes aware that the work may be potentially patentable. Upon being satisfied with the completeness of the disclosure the Chief Financial Officer shall deliver the Disclosure form to the Intellectual Property Committee and provide a copy to the Chief Executive Officer. The Intellectual Property Committee shall examine each Invention Disclosure form to determine if prior right exists under the terms of a sponsored grant or agreement per Section IV-E above. Compliance with the requirements of the extramural source regarding patentable material will be the primary criteria used by the Committee in such cases. 124 | P a g e C. Ownership and Royalty Rights in Potentially Patentable Works: The Intellectual Property Committee will be responsible to review and report in writing to the Chief Financial Officer its recommendations concerning the ownership and disposition of all intellectual property rights in potentially patentable material developed by PNWU employees in the course of their employment. The Chief Executive Officer is responsible for the final determination of the disposition of potentially patentable intellectual property developed by PNWU employees in the course of their employment. Such determination shall be binding on PNWU and its employees, but shall be subject to appeal in accordance with the dispute resolution procedures in Section VIII, below. Criteria to be applied by the Intellectual Property committee in making its recommendations and by the Chief Executive Officer in making the final decision concerning disposition of such potentially patentable material are set forth in Appendix 2 hereof. VII. APPEAL TO DISPUTE RESOLUTION PROCESS Any Pacific Northwest University of Health Sciences employee or student believing that his/her rights in any intellectual property have not been fairly and equitably determined and disposed of by the Decision of the Chief Executive Officer, may require the matters in dispute be submitted to binding arbitration in the manner provided by Appendix 4 hereof. VIII. ADMINISTRATIVE PROCEDURES The Procedures for the functioning of the Intellectual Property Committee and the Chief Financial Officer called for by this policy shall be as set forth in Appendix 3 hereof. IX. EFFECTIVE DATES AND AMENDMENTS Effective date: This Policy shall become effective on adoption by the Board of Trustees of Pacific Northwest University of Health Sciences. The University shall inform all persons subject to this policy of its terms as soon as efficiently possible after its adoption and at regular intervals thereafter. Amendment: The Policy, including the Appendices, may be amended at any time by action of the Board of Trustees of Pacific Northwest University of Health Sciences. FACULTY RESIGNATION A. Faculty members, may terminate their appointments at the college effective at the end of an academic year, provided notice is given at the earliest possible opportunity, but not later than six (6) months before the end of an academic year or thirty (30) days after receiving notification of terms of appointment, if any, for the next academic year, whichever date occurs later. Faculty members may properly request of the Board of Trustees, through the division head/department chair, the appropriate Assistant/Associate Dean, and the Dean, a waiver of this requirement of notice in case of hardship or in a situation where substantial professional advancement would otherwise be denied. B. In the case of resignation, an official letter of resignation should be written by a resigning faculty member to the department chair/division head for acceptance and for forwarding 125 | P a g e to the Dean with the recommendation. The letter should contain the date of writing, the effective date of resignation, and the signature of the faculty member. The original of this letter shall be retained in the personnel folder of the resigning faculty member. The department chair/division head should submit his/her recommendation along with two copies of the original letter of resignation. B. The Dean will forward one copy of the letter of resignation to the appropriate assistant dean with a recommendation as to its acceptance and for possible inclusion on the Board of Trustees' agenda. FACULTY TERMINATION / NON-RENEWAL Employment of Faculty on multi-year contracts (.5-1.0 FTE) is governed by the terms of their written contracts and in the case of any inconsistency, the written contract controls. In the case of a multi-year contract, PNWU will provide notice of non-renewal no later than January 1 when the agreement terminates June 30 of that same year. An additional one-year probationary or terminal contract will be offered, except in the case of for-cause termination, financial exigency, or reasons of similar severity or importance. Adjunct appointments are not for any fixed time and may be non-renewed at any time for any reason. FACULTY OF THE COLLEGE OF OSTEOPATHIC MEDICINE SPECIFIC GUIDELINES MISSION, GOALS, AND OJBECTIVES Mission Pacific Northwest University of Health Sciences College of Osteopathic Medicine educates and trains students to become health care professionals with osteopathic values, and conducts research to provide quality care to communities of the Pacific Northwest, particularly rural and medically underserved populations. Program Goals and Objectives A. Teaching Goal: Provide a learner-centered curriculum that prepares students for graduate medical education and osteopathic clinical service. In order to achieve this goal, PNWU-COM has set the following program objectives: 1. Educate students from rural and/or medically underserved communities primarily in the Northwest. Train them in and return them to these communities, especially as generalist physicians. 2. Educate students to be culturally competent, caring physicians through a continuum of learner-centered osteopathic medical education, stimulating intellectual curiosity, and establishing high standards of professionalism. 3. Continually appraise and improve the educational program through curriculum assessment and review by faculty based on a comprehensive assessment plan. 4. Recruit outstanding faculty who promote excellence in education and provide opportunities for faculty to develop in their areas of expertise. 126 | P a g e B. Research Goal: Contribute to the advancement of knowledge through research and scholarly activities. In order to achieve this goal, PNWU-COM has set the following program objectives: 1. Translate research about health care into clinical practice to increase access, improve quality, and reduce costs (especially within osteopathic clinical practice). 2. Enable students to pursue excellence in research and scholarly activity. 3. Recruit and support inquiry-minded faculty members and students, encouraging participation in a vibrant research agenda that addresses the health care issues impacting the communities we serve. 4. Provide financial resources to support research capacity development. C. Service Goal: Collaborate with communities of the Northwest for the betterment of the health, education, and economic well-being of those communities. In order to achieve this goal, PNWUCOM has set the following program objectives: 1. Support and participate in community service and public health initiatives and programs, particularly those that provide opportunity for osteopathic clinical services. 2. Allocate time and expertise of faculty, staff, and administration to ensure an efficient and effective level of service. 3. Participate in local, state, regional, national, and international professional organizations. D. Graduate Medical Education (GME) Training Goal: Facilitate development of GME opportunities in rural and medically underserved communities, particularly in the Northwest. In order to achieve this goal, PNWU-COM has set the following program objectives: 1. Develop GME training (residencies, subspecialty residencies, and fellowships) to provide a seat for every PNWU graduate, especially in the Northwest. 2. The proportion of generalist residencies selected by graduates exceeds the proportion of physicians working in primary care. 3. The proportion of residencies selected by graduates that serve rural populations exceeds the proportion of clinicians practicing in rural areas. E. Student Achievement Goal: Academically prepare students for graduate medical education (GME). In order to achieve this goal, PNWU-COM has set the following program objectives: 1. The PNWU mean score for first-time takers on each COMLEX exam is at or above the national mean. 2. The PNWU first-time pass rate on every level of the COMLEX USA exam is at or above the national pass rate. 3. Students are deemed clinically competent by credentialed clinical faculty. F. Facilities Goal: Provide adequate facilities to assure achievement of the COM mission, goals, and objectives. In order to achieve this goal, PNWU-COM has set the following program objectives: 1. Continuously appraise the adequacy of facilities with regard to teaching, research, service, graduate medical education, and student achievement. 2. Engage in environmental scanning and develop forecasts related to future facility needs in light of University strategic planning. 127 | P a g e 3. Base capital budget planning on continuous assessment of facility usage and future needs with environmental design for sustainability and crime prevention as a cornerstone of the planning process. FACULTY RIGHTS AND RESPONSIBILITIES Rights of Faculty A. All full-time (.2 FTE or above) faculty shall be eligible to vote in Faculty Council meetings and in all COM faculty elections and faculty wide votes conducted by the Faculty Council. Part-time or adjunct faculty representatives may vote as represented on the Council. B. All faculty shall be entitled to and subject to all the duties, rights, and privileges prescribed in the policies unless otherwise specifically restricted by particular policy provisions. Academic Freedom It is the policy of the University to foster and maintain full freedom of discussion, inquiry, teaching and research, and standards of professional conduct and public morals. Every member of the Faculty of the University is entitled to discuss relevant subjects freely in the classroom. In research and publication, each member is entitled to discuss freely those subjects with which he/she is competent to deal, to pursue inquiry thereunto and to present and endeavor to maintain the opinion and conclusions relevant thereunto. General Responsibilities of Faculty The COM expects teaching faculty members at all times to observe those policies and practices which are considered standard professional responsibilities. These include, but are not confined to, meeting all classes as scheduled; assisting at registration of students; reporting final grades at the designated time; advising students; attending commencement exercises; and posting and honoring of an adequate number of office hours to be registered with the department chair or division head. Cancellation of any "day of instruction" must be approved by department chairs/division heads. Faculty members shall familiarize themselves with all of the Human Resource Policies. Expectations of Conduct Faculty members are expected to act in a professional capacity at all times. Below is a list of examples of expectations of the conduct of faculty members. This list is not exhaustive and is meant only to illustrate PNWU-COM’s expectations of the conduct it expects from faculty members. A. Faculty members should promote, by precept and example, a general atmosphere within the COM of respect, thought, and inquiry. B. Faculty members are obligated to respect each student as an individual, recognizing his/her possession of human civil rights. C. Faculty members should observe fairness and objectivity with students. D. Faculty members should contribute to the planning, development, and evaluation of courses and academic programs within the COM. 128 | P a g e E. Faculty members should, in all cases, show respect for their colleagues. Such display of respect is particularly important whenever colleagues disagree. F. Faculty members have the duty to uphold professional obligations to the students and to the COM community and to avoid actions that would seriously disrupt the educational functions of the COM or bring public disgrace or loss of respect to the COM. A. Ethical Code of Faculty Activity - Faculty shall assure that a principal proportion of their professional effort shall be devoted to accomplishing the missions of the University. Faculty shall seek to be effective teachers and scholars and help the University professionally with committees and course or research/scholarly improvements. While some faculty may engage in significant professional activities outside the University, each shall commit to the effort required to capably and completely perform their assigned duties within the University. The proper behavior that reflects commitment to this underlying ethic is as follows: 1. The faculty member shall make every effort to accomplish the goals that have been set by the department chairperson, Associate Dean for Academic Affairs and/or the Dean; and 2. The faculty member shall scrupulously avoid activities that conflict with their professional duties within the University, and shall declare such activities to the Dean if a potential conflict of interest may exist. Examples of behaviors that violate the ethical code of faculty activity are: 1. Failure to meet the responsibilities of instruction, research/scholarly activity, or professional services; 2. Refusal to perform reasonable academic or professional duties for which the faculty member is qualified; 3. Demonstrated incompetence; 4. Seriously unethical conduct towards students, faculty, or administration; 5. Unauthorized, excessive time away from campus; 6. Engaging in activities that provide a conflict of interest with their University functions and/or 7. Use of professional authority to exploit others. Faculty who engage in these or similar activities shall have violated the code of professional ethics and may be terminated or otherwise disciplined. B. Ethical Standards of Intellectual Honesty – All faculty shall be guided by a deep conviction of the worth and dignity of the advancement of knowledge. Faculty shall recognize the special responsibility placed upon them to seek and state the truth as they know it. Faculty shall devote their energies to developing and improving their scholarly and teaching competence and exercising intellectual honesty in using, extending and transmitting knowledge. 129 | P a g e Based on this general standard of intellectual honesty, faculty shall have the rights and responsibilities for the following: 1. The opportunity for free inquiry and the free exchange of ideas in their subject areas; 2. The privilege to present controversial material relevant to a course of instruction for which they have responsibility; 3. The responsibility to indicate uncertainties or limitations in teachings; The responsibility to conduct valid research and publish or distribute genuine results. Also based on the general standard of intellectual honesty, faculty shall not engage in the following: Plagiarism; Falsifying or misrepresenting research data; Misrepresenting one’s contribution to teaching, research or professional service; Falsifying, withholding or destroying documents related to inquiries, grievance procedures or hearing committees associated with the University or the faculty member’s academic or professional activities; and Conducting and/or publishing research that is misleading or violates federal, state, local or University regulations. The behaviors listed above are only representative and not intended to be a complete description of activities of activities that harm the ethic of intellectual honesty. These activities or any other activities that contradict the intellectual ethic shall be considered instances of faculty misconduct and may result in termination or other discipline to the offending faculty members. C. Standards of Ethics Governing Student-Faculty Interactions - Students are a vital component of the academic setting at PNWU. Faculty are encouraged to develop and maintain professional, collegial relationships with students. As teachers, faculty encourage the free pursuit of learning in students. The faculty should hold before the students the best scholarly standards of their disciplines. The faculty shall demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Based on this ethic of faculty-student interaction, each faculty member is encouraged to engage in the following behaviors: 1. Faculty shall objectively evaluate each student solely on the basis of criteria related to the student’s academic and professional accomplishments; 2. Faculty shall make every reasonable effort to foster honest academic conduct and to assure that their evaluations of students reflect each student’s true merit; 3. Faculty shall respect the confidential nature of the evaluation and grading of students; 130 | P a g e 4. Faculty shall acknowledge any significant academic or scholarly assistance from the students; and 5. Faculty shall protect the academic freedom of the students. Also based on the general ethic of faculty-student interaction, faculty are prohibited from the following actions or behaviors. 1. Faculty shall not discriminate on the basis of race, ethnicity, color, religion, sex, gender, sexual orientation, national origin, age, disability, marital status or any other characteristic protected by law for any reason including recruitment, selection, and promotion; and 2. Faculty shall not use their status to coerce students politically, socially, religiously, financially, or academically; and 3. Faculty shall not participate in decisions that may influence a student’s academic standing if they have a faculty/patient relationship with them, although faculty/patient relationships with students is not acceptable; and 4. Faculty shall not create nor further a sexual or hostile environment and shall have no amorous or sexual relationship with a student even when the amorous or sexual relationship is consensual. The University may terminate or otherwise discipline faculty who engage in these or any similar behavior. D. Ethical Standard of Conduct Toward Colleagues and University Administration – Faculty have obligations toward their colleagues that derive from common membership in the community of scholars. In the open exchange of criticism and ideas, faculty shall show respect for the opinions of others, and they shall respect and defend the free inquiry of colleagues. Faculty should acknowledge the academic debt they owe to their colleagues, and strive to be objective in their professional judgment of their fellow faculty members. Faculty should also demonstrate similar respect to members of the administration, at all times, especially in the presence of students, alumni, and members of the local community. Each faculty members shall conduct themselves within the University in a manner that is conducive to respectful, social, and academic interaction between students, faculty, staff and administration. Proper academic behavior is founded on the same principles of civility that govern general social interactions. In virtually all settings, calm, non-judgmental, objective interaction is most appropriate. The following are examples of proper behavior exhibited toward colleagues based on these ethical premises: 1. Faculty should support the legitimate expression of academic freedom of their colleagues, even if they do not agree with the position taken by a colleague; 2. Faculty should resolve disputes concerning personal or administrative issues with colleagues in only as large a setting as is necessary to settle the dispute; 3. Faculty shall maintain objectively in evaluating the competence and productivity of colleagues; 131 | P a g e 4. Faculty should bring University-wide academic issues to the attention of the Academic Council and/or the Faculty Senate; and 5. Faculty shall make every attempt to work productively with the University administration. The following behaviors should be adhered to in order to prevent violations of the ethical standards of behavior: 1. Faculty members shall not discriminate against colleagues or administrators on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, or any other characteristics protected by law; 2. Faculty members shall not use their status to coerce colleagues politically, socially, religiously, financially, or academically. 3. Faculty shall not evaluate the professional competence or accomplishment of the colleague by criteria not directly related to the academic enterprise; 4. Faculty members shall cooperate with University administration in connection with any suspension; 5. Faculty members shall not create or further a neither sexual no hostile environment and shall not have sexual relations with faculty colleague whom they evaluate or direct; 6. Faculty members shall not engage students in disputes they have with other faculty or with the University administration except as individual students are members of duly constituted University committees, boards or associations; 7. Faculty shall not disparage a faculty colleague or member of the administration to students or to the public, including but not limited to, defamatory remarks about members of the faculty, staff, and administration; and 8. Contumacious behavior that is obstinate, disobedient insubordinate and openly disrespectful toward students, faculty colleagues, and/or University administration shall not be tolerated. As these and similar behaviors violate the ethical code of the behavior, they may result in termination or otherwise bring disciplinary action upon the offending faculty. E. Ethical Standards of Community Conduct - Faculty have the same rights and responsibilities as all U.S. citizens and faculty are expected to uphold and obey local, state and federal laws. They are free to express their views and to participate in the political and social processes of the community. However, when they speak or act in their capacity as private citizens, faculty should also be aware that constitutionally guaranteed freedom of expressions does not contravene the right of the University to discipline a faculty member when what they say, do or write violates the ethical standards outlined above. The following are examples of violation of this statement of ethical principle: 1. Intentional misrepresentation of personal views as a statement of position of the University; 132 | P a g e 2. Commission of criminal act as determined by the court of law; 3. Performing seriously unethical actions in the community. As these similar behaviors violate the ethical code of community conduct, they may result in termination or otherwise bring discipline upon the offending faculty. Faculty Responsibilities in Relation to the Academic Year A. Academic Year—Defined “Academic Year” is July 1 to June 30 B. Academic Year—Working Days. 1. All week days, with the exception of recognized holidays, are considered academic year working days. All full-time faculty are expected to be present for all instructional days in the course the faculty member has duties, registration, and final examination days, as well as advising, planning, orientation, and testing purposes on all non-instructional days. Faculty of the COM will be required to attend spring commencement unless excused by the Dean. 2. In addition, faculty members will be expected to meet their other professional responsibilities, such as reporting class grades following the end of an academic session. Faculty responsibilities Faculty duties are defined as: those specifically detailed in the employment contract as well as those assigned by their supervisor (department chair, etc.) in agreement with the faculty member – these agreed upon duties will define the areas of work/effort by the faculty member. The amount of time spent on all duties by the faculty member may not be uniform across all departments or faculty members. It is understood that faculty can accomplish this work outside of normal business hours and off-campus. Not all faculty members have all their work duties on the PNWU campus, so the times when the faculty members are expected to be on campus should be determined by agreement between the faculty member and their department chair or division chief and approved by the Dean. Faculty duties typically include: effective and evidence-based presentation of an educational program to students; participation in scholarly activity; and contribution to committee work for the Department, the College, and the University. Faculty workload effort includes teaching, scholarly activity and service (and clinical practice when appropriate) as a part of the assigned FTE. Non-course director faculty duties typically include, but are not limited to the following: Developing course materials for teaching Presenting material to students Answering student questions Writing quiz and/or exam questions Providing post-test review with students 133 | P a g e Full-time faculty members will be called upon to serve on committees. Service on committees will be formally evaluated in the Service category in the faculty performance evaluation process. Part-time and adjunct faculty may be asked to serve as well as needed. Faculty Responsibilities to COM and Faculty Council Committees Full-time faculty members will be called upon to serve on committees of the COM as referenced in the COM Faculty Bylaws. Service on these committees will be formally evaluated in the Service category in the faculty performance evaluation process. Part-time faculty may be asked to serve as well as needed. Faculty Reporting Relationships Full-time and part-time faculty members will report directly to their department chair or division head, who in turn, reports to the appropriate Assistant/Associate Dean. Adjunct clinical faculty will report to the appropriate Regional Dean who reports to the appropriate Assistant/Associate Dean. Department Chair and Division Chief Responsibilities Department chairs and division chiefs are considered to be faculty members who are serving the university in this important leadership position. They are responsible to: Establish the vision for all department/division functions and services in support of the college’s strategic mission, vision and core values. Select and retain excellent faculty and administrative staff, and act to ensure their continued development. Set high, achievable goals and foster professional growth in the areas of teaching, service, and scholarly activity. Ensure that department/division systems provide cohesive support to the college’s mission and that the department/division operates effectively within ethical, financial, prudent business practice and legal parameters. Plan and evaluate the departmental/divisional curriculum and assure that departmental/divisional curricular offerings effectively support the COM educational mission Participate in faculty evaluation and promotion. Foster the growth of departmental/divisional scholarly activity. Direct the budgetary and business affairs of the department/division. Develop and maintain effective relationships with other medical school personnel and internal and external partners that result in the accomplishment of goals. Actively participate in school-related committees as appropriate. Maintain appropriate teaching, service, scholarly activity and clinical practice load. Stay current in field. Committee Chair Responsibilities Committee Chairs are responsible for organization, dissemination of information, scheduling and facilitation of meetings for the committee. Responsibilities include: Schedule meetings at a time and place convenient to the committee members Plan and efficiently/effectively conduct meetings according to the committee charge Ensure that appropriate policies and procedures are in place for the effective management of the committee Maintain open communication among members, encourage member participation and move the committee toward consensus of decision 134 | P a g e Maintain accurate and concise records of each meeting Report actions of the Committee to the Dean in a timely manner Request approval of the Dean for Committee actions when necessary Communicate actions of the committee to other committees Work cooperatively with other committees when necessary Serve as spokesperson for the committee Maintain accurate committee page Course Director Responsibilities Course Directors are responsible for development, instruction, organization, and implementation of assigned course and reports to the Department Chair. Responsibilities typically include but are not limited to the following: Maintain the course syllabus Seeks approval of course syllabus by Curriculum Committee Prepares and submits end of course evaluations Manages grade book for the course Reports mid-term and final grades as assigned Recruits and secures lecturers for the course with the approval of the appropriate department chair or division chief Works cooperatively with the University Registrar, other course directors, faculty and curriculum committee to create the course and final exam schedule (annually) Recommends student tutors in collaboration with the learning resources department Provides input for student leave requests Prepares list of texts, materials, supplies, etc. to be ordered each year for course Prepares annual budget requests for the course Prepares special projects as assigned First class meeting and syllabi A. At the first meeting of the class, the instructor shall remind students where the syllabus can be located on the PNWU intranet or Learning Management System. The syllabus should include: a. The instructor's name, the course ID number, the descriptive title, and the catalog number of the course; b. The intended learning outcomes or objectives upon successful completion of the class; c. The basis for grading in the course; d. A statement of the course attendance policy e. A review and reference to the student catalog on policies on academic misconduct f. Changes of instructor, time, or classroom g. Office hours h. Student records and FERPA i. Student regulations in relation to faculty 1. Excused absences 2. Academic dishonesty j. Classroom policies 1. Attendance 2. Recording k. Examinations 135 | P a g e l. Grade reporting and appeals PHYSICIAN FACULTY CODE OF ETHICS PNWU-COM adopts the code of ethics of the American Osteopathic Association (AOA). The AOA has formulated this Code to guide its member physicians in their professional lives. The standards presented are designed to address the osteopathic physician’s ethical and professional responsibilities to patients, to society, to the AOA, to others involved in healthcare and to self. PNWU has adopted this Code, and expects all clinical faculty to adhere to its tenets as they relate to their own professional degree designations. Code of Ethics: Section 1. The physician shall keep in confidence whatever she/he may learn about a patient in the discharge of professional duties. The physician shall divulge information only when required by law or when authorized by the patient. Section 2. The physician shall give a candid account of the patient's condition to the patient or to those responsible for the patient's care. Section 3. A physician-patient relationship must be founded on mutual trust, cooperation, and respect. The patient, therefore, must have complete freedom to choose her/his physician. The physician must have complete freedom to choose patients whom she/he will serve. However, the physician should not refuse to accept patients because of the patient's race, creed, color, sex, national origin or handicap. In emergencies, a physician should make her/his services available. Section 4. A physician is never justified in abandoning a patient. The physician shall give due notice to a patient or to those responsible for the patient's care when she/he withdraws from the case so that another physician may be engaged. Section 5. A physician shall practice in accordance with the body of systematized and scientific knowledge related to the healing arts. A physician shall maintain competence in such systematized and scientific knowledge through study and clinical applications. Section 6. The osteopathic medical profession has an obligation to society to maintain its high standards and, therefore, to continuously regulate itself. A substantial part of such regulation is due to the efforts and influence of the recognized local, state and national associations representing the osteopathic medical profession. A physician should maintain membership in and actively support such associations and abide by their rules and regulations. Section 7. Under the law a physician may advertise, but no physician shall advertise or solicit patients directly or indirectly through the use of matters or activities, which are false or misleading. Section 8. A physician shall not hold forth or indicate possession of any degree recognized as the basis for licensure to practice the healing arts unless he is actually licensed on the basis of that degree in the state in which she/he practices. A physician shall designate her/his osteopathic school of practice in all professional uses of her/his name. Indications of specialty practice, membership in professional societies, and related matters shall be governed by rules promulgated by the American Osteopathic Association. Section 9. A physician should not hesitate to seek consultation whenever she/he believes it advisable for the care of the patient. 136 | P a g e Section 10. In any dispute between or among physicians involving ethical or organizational matters, the matter in controversy should first be referred to the appropriate arbitrating bodies of the profession. Section 11. In any dispute between or among physicians regarding the diagnosis and treatment of a patient, the attending physician has the responsibility for final decisions, consistent with any applicable osteopathic hospital rules or regulations. Section 12. Any fee charged by a physician shall compensate the physician for services actually rendered. There shall be no division of professional fees for referrals of patients. Section 13. A physician shall respect the law. When necessary a physician shall attempt to help to formulate the law by all proper means in order to improve patient care and public health. Section 14. In addition to adhering to the foregoing ethical standards, a physician shall recognize a responsibility to participate in community activities and services. Section 15. It is considered sexual misconduct for a physician to have sexual contact with any current patient whom the physician has interviewed and/or upon whom a medical or surgical procedure has been performed. Section 16. Sexual harassment by a physician is considered unethical. Sexual harassment is defined as physical or verbal intimation of a sexual nature involving a colleague or subordinate in the workplace or academic setting, when such conduct creates an unreasonable, intimidating, hostile or offensive workplace or academic setting. Section 17. From time to time, industry may provide some AOA members with gifts as an inducement to use their products or services. Members who use these products and services as a result of these gifts, rather than simply for the betterment of their patients and the improvement of the care rendered in their practices, shall be considered to have acted in an unethical manner. (Approved July 2003) Section 18. A physician shall not intentionally misrepresent himself/herself or his/her research work in any way. Section 19. When participating in research, a physician shall follow the current laws, regulations and standards of the United States or, if the research is conducted outside the United States, the laws, regulations and standards applicable to research in the nation where the research is conducted. This standard shall apply for physician involvement in research at any level and degree of responsibility, including, but not limited to, research, design, funding, participation either as examining and/or treating provider, supervision of other staff in their research, analysis of data and publication of results in any form for any purpose. 137 | P a g e
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