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Employee and Policy Information Guide 2009-2010

A Message From the President
Mission
Notice of Nondiscrimination and Nonharassment Policy
University Policy on Sexual Harassment
Americans with Disabilities Act (ADA)
Family and Medical Leave
Drug-and Alcohol-Free Working and Learning Environment
Job Safety and Health Protection
Smoking
Fair Labor Standards Act
Workers' Compensation Employee Notification
Public Safety's Annual Security Report and Safety Practices
The Administrative Policy

A Message from the President

Welcome and thank you for choosing to be a part of Duquesne University’s six-generation legendary commitment to quality higher education. You will play a key role in our exciting journey forward.

Since its founding in 1878 by the Spiritans, Duquesne has carried on a proud tradition of providing a unique liberal and professional education with an emphasis on moral values, dedication to quality teaching and a commitment to service.

Our faculty has a fine reputation for being brilliant in the classroom, inspiring our students to excel, and providing role models for the life of the mind. Because Duquesne’s mission – which you will see is lived out in every facet of university life – is to serve God by serving students, the student always comes first. Finding time for counseling and personal care is a Duquesne tradition.

Our faculty is made up of many well-respected and productive scholars who contribute to the growth of knowledge, advancing their disciplines and professions. The university is also fertile ground for scholarly exchanges among our faculty and students and for producing creative interdisciplinary projects such as our new forensics programs, health care initiatives and many others. Duquesne faculty help the university to shine in the academic community.

Staff members are no less a part of the fabric of the university community. They know that no matter what their duties, they too are educators. Their valuable contributions help provide students with quality living and learning experiences that impact them for life. Students often tell us that a kind remark or a thoughtful courtesy from a staff member symbolized the values of Duquesne in their experience.

Duquesne’s reputation as a fair and humane employer is buttressed by a university environment that encourages personal growth and development, service to the community, and drawing together in times of need and in times of celebration.
Because of the university’s mission, work at Duquesne has a higher sense of purpose.

I am pleased you are joining us and becoming a part of the Duquesne tradition and mission, together building an even greater Duquesne University. Together we are building an even greater Duquesne University of the Holy Spirit.

Charles J. Dougherty, Ph.D.
President

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DUQUESNE UNIVERSITY STATEMENT OF MISSION
"Spiritus est qui vivificat" Since, as the motto of Duquesne University proclaims, "It is the Spirit which giveth life," this Statement of Mission should be understood in its entirety in the spirit of its aspiration and in the hopefulness of its motivation, which sustain both the life of the mind and the life of the spirit that ultimately constitute a university.

Mission Duquesne University of the Holy Ghost is a Catholic university, founded by members of the Congregation of the Holy Ghost, the Spiritans, and sustained through a partnership of laity and religious. Duquesne serves God by serving students---through commitment to excellence in liberal and professional education, through profound concern for moral and spiritual values, through the maintenance of an ecumenical atmosphere open to diversity, and through service to the Church, the community, the nation and the world.

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NOTICE OF NONDISCRIMINATION AND NONHARASSMANET POLICY
Duquesne University is motivated by its Catholic identity and values equality of opportunity, human dignity, racial, cultural and ethnic diversity, both as an educational institution and as an employer. Accordingly, the University prohibits and does not engage in discrimination or harassment on the basis of race, color, religion, national origin, sex, age, sexual orientation, disability or status as a veteran or disabled veteran.

Duquesne University will continue to take affirmative steps to support and advance these values consistent with the University's mission statement. This policy applies to all programs and activities of the University, including, but not limited to, admission and employment practices, educational policies, scholarship and loan programs and athletic or other University-sponsored programs.

This is a commitment by the University in accordance with its religious values and applicable federal, state and local laws and regulations. Nothing herein, however, should be interpreted as a waiver by the University of its own Constitutional and legal rights based upon its religious affiliation.

The person responsible for coordinating its efforts under this policy is Dr. Judith Griggs, Affirmative Action Officer, Ground Floor, Administration Building, University extension 6661.

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UNIVERSITY POLICY ON SEXUAL HARASSMENT

No member of the Duquesne University community may sexually harass another. Employees and students will be subject to disciplinary action for violation of this policy.
Unwelcome sexual advances, requests for sexual favors, and verbal or physical contact of a sexual nature constitute sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a condition of an individual’s academic or employment continuation or advancement.

2. Submission to or rejection of such conduct by an individual is used as a criteria for academic or employment decisions affecting that individual.

3. Such conduct has the purpose or effect of substantially interfering with an individual’s academic or employment performance or creates an intimidating, hostile, embarrassing or offensive employment, educational or living environment.

Because of the potential for sexual harassment in certain situations, the University prohibits romantic and/or sexual relationships in the following situations:

1. No faculty member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University.

2. No athletic department employee may engage in a romantic and/or sexual relationship or in romantic and /or sexual conduct with a student athlete.

3. No campus police officer or security officer may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled in Duquesne University.

4. No Residence Life staff member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled in Duquesne University.

5. A supervisor may not engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any employee in the supervisor’s department or division.

Any student or employee having a complaint of sexual harassment should notify the University’s Affirmative Action Officer. Complaints will be promptly investigated.

If the victim refuses to file a complaint, the matter may be investigated by the University and the final disposition will be determined by the appropriate University officials.

Complaints of sexual harassment should be filed with the University Affirmative Action Officer. (Phone: 412-396-6661)

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AMERICANS WITH DISABILITIES ACT (ADA)

In accordance with Federal law and University policy, Duquesne does not discriminate against disabled people who can perform the essential functions of a job. The University will make reasonable accommodations which would enable an employee to perform the essential job functions.

The Office of Human Resource Management will work in cooperation with the disabled employee and appropriate supervisors, department head and divisional representatives to ensure reasonable and effective accommodations are made.

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FAMILY AND MEDICAL LEAVE

In accordance with the Family and Medical Leave Act of 1993, and as amended in 2008, Duquesne University will provide leave time on the following basis:

All full-time and qualified part-time employees are eligible for family and medical leave based on the following:

Employees must have been employed for at least 12 months.

Employees will have worked a minimum of 1,250 hours in the immediate preceding 12 months.

Leave will be granted for the following reasons:

a. Birth of a child and to care for the child (leave must be taken within 12 months after the date of birth).

b. Placement of a child with an employee for adoption or foster care (leave must be taken within 12 months after placement).

c. To care for a family member which has been defined as a spouse, child, or parent who has an illness, injury, impairment, or physical or mental condition that involves in-patient care or continuing treatment by a licensed doctor of medicine or osteopathy or other health care provider. The detailed definition and qualification of these family members who are specifically covered by Family Medical Leave are as defined by the Act.

d. An illness, injury, impairment, or physical or mental condition of the employee which requires in-patient care or continuing treatment by a physician and which makes the employee unable to perform the functions of the job.

e. A qualifying exigency, as defined by the Department of Labor, arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call or order to active duty in the U.S. Armed Forces in support of a contingency operation.

f. Care for a spouse, son, daughter, parent or next of kin with illness or injury incurred in the line of duty while in the U.S. Armed Forces or National Guard or Reserves.

An eligible employee is entitled to up to 12 weeks of unpaid FMLA leave in a calendar year for reasons described in a, b, c, d and e above. An eligible employee may take up to 26 weeks of unpaid FMLA leave during a calendar year to care for an injured or ill service member as described in f above. Leave to care for an injured or ill service member, when combined with other FMLA qualifying leave, may not exceed 26 weeks in a calendar year.


Requirements

a. Once the employee or the employee’s supervisor identifies the need for Family Medical Leave, the Office of Human Resource Management should be contacted and the appropriate forms should be requested. If the employee and the supervisor are unsure if the circumstance qualifies for Family Medical Leave, the Office of Human Resource Management should be contacted for further review.

b. Employees are required to submit a medical certification to support the request for leave. This must show the reason for the leave and the dates needed for treatment. A form is available from the Office of Human Resource Management if the leave is requested because a family member is ill. If the employee is ill, a form will be provided by the Disability and Risk Claims Manager.

c. If leave is granted for the care of a family member, generally this leave is considered unpaid leave. However, the University will allow the employee to use some paid time off benefits that may be available. Non-exempt employees may use personal days and up to 5 sick days if time is available through TAP #15 Sick Leave, Short-Term and Long-Term Disability Benefits. Employees may also use vacation time if available with supervisory approval.

d. If the leave is granted for an illness, injury, impairment or a physical or mental condition of the employee, that employee must utilize applicable benefit payments which must be counted as part of the leave time.

e. Employees are required to periodically report to their supervisor on their status and intent to return to work.

f. A 30-day advance notice is required where the necessity for leave is foreseeable.

g. Whenever intermittent leave is requested under this policy for planned medical treatment, the employee will make every effort to schedule the treatment so as not to interfere with the performance of their job during scheduled work time. Employees will be required to obtain medical certification of the dates of treatment and the duration of such treatment for the purpose of informing the University as to when they will be away from their jobs and how long the absence is expected to last.


Benefits to the Employee

a. Eligible employees are entitled to a total of 12 work weeks of unpaid leave during any calendar year. (Up to 26 weeks of unpaid leave during a calendar year to care for a spouse, son, daughter, parent or next of kin with illness or injury incurred in the line of duty while in the U.S. Armed Forces or National Guard or Reserves.)

b. Health care coverage shall continue under the same conditions that it would have if the employee had not taken a leave. The employee is responsible for the reimbursement to the University for all health benefit costs if he or she fails to return to work at the expiration of the leave. Employees are responsible for their portion of medical or other insurance costs that would have been deducted from their pay had they not been on leave.

c. An employee returning from Family or Medical Leave will be restored to the same or equivalent position, and the taking of leave will not result in a loss of any benefits which had accrued before the leave commenced. Vacation and/or sick time will not accrue during any paid or unpaid leave that is more than one month in duration.

d. Part-time employees are also covered by the Family and Medical Leave Act of l993. The conditions are the same as for full-time employees except they are not eligible for coverage under paid sick leave nor do they have any coverage for health benefits. Refer to TAP #15, Sick Leave, Short-Term and Long-Term Disability Benefits for additional information on sick leave.

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DRUG- AND ALCOHOL-FREE WORKING AND LEARNING ENVIRONMENT

Preamble

Duquesne University, in keeping with the Mission Statement of the University, is committed to the maintenance of a drug- and alcohol-free working and learning environment in accordance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.

Policy

1. Employees are expected and required to report to work on time and in an appropriate and physical condition for work. It is the intent and obligation of the University to provide a drug-free, healthful, safe and secure work environment free of drug and alcohol abuse.

2. Students are expected and required to report for classes on time and in an appropriate physical condition to learn. It is the intent and obligation of the University to provide a healthful, safe and secure learning environment free of drug and alcohol abuse.

3. The unlawful manufacture, distribution, possession or use of a controlled substance or alcohol on University premises or while conducting University business off University premises are absolutely prohibited. Any University employee determined to have violated this policy is subject to disciplinary action including, but not limited to, a warning, written reprimand, suspension, dismissal, and/or mandatory participation in and successful completion of a drug abuse assistance or rehabilitation program approved by an appropriate health or law enforcement agency.

Likewise, a student found in violation of this policy will be subject to such disciplinary actions as described in the Code of Student Rights and Responsibilities up to and including expulsion.

4. The University recognizes drug dependency and alcoholism as illnesses and major health problems. The University also recognizes drug abuse as a potential health, safety and security problem. Employees or students needing help in dealing with such problems are encouraged to seek assistance through University Health Services and their health insurance plans as appropriate. Conscientious efforts by employees and students to seek help will not affect University status and will be kept in strictest confidence.

5. Employees are required, as a condition of employment, to abide by this policy and report any conviction under a criminal drug or alcohol statute for violations occurring on or off the University premises while conducting University business. A report of a conviction must be made within five (5) working days after the conviction as required by the Drug-Free Work Act of 1988, and by this policy.

Failure to comply with this policy and its notice requirement may jeopardize continued research funding to the University and will be considered grounds for dismissal.

Questions concerning the interpretation or implementation of this policy should be directed to the appropriate Divisional Vice President or the Director of Human Resource Management.

Duquesne University's Statement for Drug-Free Schools and Communities

Act of 1989

The Drug Free Schools and Communities Act of 1989, Public Law 101-226, requires that Duquesne University certify it has adopted and implemented a program to prevent the possession, use or distribution of illicit drugs and alcohol by students and employees. This statement is being published to define clearly the following items set forth by the statute.

(1) The annual distribution in writing to each employee, and to each student who is taking one or more classes for any kind of academic credit, except for continuing education units, regardless of the length of the student's program of study, of:

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities.

A description of the applicable legal sanctions under local, State or Federal Law for the unlawful possession or distribution of illicit drugs and alcohol.

A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.

A description of any drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available to employees or students.

A clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with local, State and Federal Law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standard of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program.

(2) A biennial review by the institution of its program to:

Determine its effectiveness and implement changes to the program if they're needed.

Ensure that its disciplinary sanctions are consistently enforced.

Standards of Conduct

To demonstrate our continued commitment to a drug-free environment Duquesne University has established the following Standards of Conduct. These clearly prohibit, at a minimum, unlawful possession, use or distribution of drugs and alcohol by students and employees on its property or as any part of its activities. As members of the Duquesne Community, all are required to observe relevant Federal, State and Local laws.

Students illegally possessing, distributing or using a controlled substance will be subject to disciplinary action and possible criminal prosecution. In cases involving marijuana, the enforcement policy states that the detection of the odor of marijuana can constitute a violation. Failure to comply will result in disciplinary action.

Employees illegally possessing, distributing, or using a controlled substance on University premises or while conducting University business will be subject to disciplinary action, including possible dismissal from employment, and to possible criminal prosecution as well.

All matters relating to alcohol are governed by the Pennsylvania Liquor Code and related statutes.

Sanctions

All residents in the Commonwealth of Pennsylvania are subject to the following criminal sanctions.

Alcohol

Individuals selling, giving or providing premises on which alcohol is served to persons under 21 years of age are guilty of a misdemeanor of the third degree for which the minimum mandatory fine is one thousand dollars ($1000.00).

The possession, manufacture, sale or alteration of an identification card or driver's license falsely representing the birth date, age or identity of person carries a possible three hundred dollar ($300.00) fine and mandatory revocation of driving privileges for 90 days.

Any person who hires, requests, or induces any person under 21 years of age to purchase, or offer to purchase liquor or malt or brewed beverages, as defined in 18 PA C.S. 63210.6 is guilty of a misdemeanor of the third degree and shall be sentenced to pay a fine of not less than three hundred dollars ($300.00).

A person commits a summary offense if he/she being less than 21 years of age attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any alcoholic beverage. Upon conviction a person may be sentenced to pay a fine of three hundred dollars ($300.00) and mandatory revocation of driving privileges for 90 days on the first offense.

Driving under the influence (D.U.I.) in Pennsylvania (.10 blood alcohol content) - is a misdemeanor of the second degree and the court will impose a fine of not less than three hundred dollars ($300.00) and a minimum term of imprisonment for not less than one month but not more than 12 months applies to the initial conviction.

NOTIFICATION:

All law enforcement agencies in Pennsylvania are required to notify the parents or guardians of any person under the age 21 years who has been charged with violating 18 PA C.S. 6308 as it relates to possession, consumption, purchase, transportation of alcoholic beverages.

In addition, the University may disclose, to a parent or legal guardian of a student under the age of 21, information regarding any violation of any federal, state or local law, or of any rule or policy of the University governing the use or possession of alcohol or a controlled substance.

Intoxication is not recognized in Pennsylvania as a legal defense in criminal cases.

Narcotics/Controlled Substances

The acquisition or possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is a felony and carries a sentence of imprisonment not exceeding fifteen years or a fine not to exceed two hundred-fifty thousand dollars ($250,000.00) or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from illegal activity.

The sale at retail or dispensing of any controlled substance listed in Schedules, 1, 11, 111, and IV of the Federal Controlled Substance Act of 1970, by any person except one authorized by law to sell, dispense, prescribe or possess such a substance is a misdemeanor and carries a sentence not to exceed one year imprisonment, and/or a fine not to exceed five thousand dollars ($5,000.00).

Health Risks

The mission of Duquesne University is to promote the development of the whole person: physical, mental, spiritual, intellectual and social. The misuse and abuse of alcohol and other drugs seriously impair achievement of this goal. Alcohol and other drug abuse is one of the most difficult problems facing institutions of higher learning today- difficult for many reasons, but the most important of all is that seldom will alcohol and other drug abusing individuals present themselves directly for help. Under the influence many individuals exhibit inappropriate behaviors such as violence, racism, vandalism, date rape, sexual assault, property damage, self-destruction, loss of identity, depression, promiscuity, loss of spiritual meaning, suicide attempts, driving under the influence and a decreased capacity to learn or to work.

The following information details additional health risks associated with the misuse and abuse of alcohol and other drugs:

Alcohol: Addiction, liver disease, Fetal Alcohol Syndrome, higher than normal rates of peptic ulcers, pneumonia, cancer of the digestive and respiratory tracts, heart and artery disease and accidents.

Cocaine: Addiction, heart seizures, lung damage, severe depression, paranoia, and anxiety.

Marijuana: Short term memory loss, addiction, paranoia, increased heart rate, lung cancer, affects respiratory and reproductive systems and suppresses immune system.

Hallucinogens (LSD, PCP, etc.): Dependence, unpredictable behavior, flashbacks, psychosis, affects heart rate and respiratory systems.

Depressants (Barbiturates): Addiction, muscle rigidity, possible overdose (especially if combined with alcohol) and interferes with sleep.

Stimulants: Addiction, paranoia, depression, confusion, possible hallucinations, weight loss, dehydration, low resistance to disease, psychiatric problems and higher rate of liver and heart disease.

Narcotics: Addiction, lethargy, weight loss, depressed central nervous system, heart and lung abnormalities, hepatitis, AIDS (unsterile needles), reduction of visual acuity and constriction of the pupils.

Inhalants: Lack of coordination, unconsciousness, suffocation, nausea and vomiting, damage to brain and central nervous system, sudden death, respiratory depression and brain damage.

Steroids: Increased blood pressure, baldness, skin problems, liver toxicity and cancer, arteriosclerosis, insomnia, loss of elasticity in tendons and ligaments, shrinkage and discoloration of testicles, decreased sperm count, fluid retention, pore enlargement, general masculinization in women and impotence and enlargement of breasts in men.

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WORKPLACE AND CAMPUS VIOLENCE POLICY

Duquesne University is committed to maintaining a safe learning and working environment for all members of the University community. The University will not tolerate acts of aggression, harassment, or violence on its campus, at off-campus locations administered by the University, or in its programs. This policy of "zero tolerance" includes but is not limited to verbal and/or physical aggression, attacks, threats, harassment, intimidation, bullying, domestic violence, or other disruptive behavior which causes or could cause a reasonable person to fear physical harm by an individual(s) or group(s) against any person(s) and/or property. Such behavior is prohibited by Duquesne University.

The use, possession, or display of firearms or other weapons by students, employees (other than by a law enforcement officer in the course of his/her duty) or visitors while on campus is not permitted. This includes those with legal permits. Non uniformed law enforcement personnel must advise the University Police of their presence on campus or anticipated presence as soon as possible.

This policy applies to students, faculty, staff, and visitors to the University.

Reporting Procedure:

Responsibility to Report:
Anyone witnessing or receiving a report of prohibited behavior, or possession, display or use of any weapon shall immediately notify the appropriate authorities as listed below. Any supervisor who fails to make such a report shall be subject to corrective and/or disciplinary action.

Emergency or Life-Threatening Situations:
In the case of an emergency or life-threatening situation, immediately call the Department of Public Safety (412) 396-4747. As per the University emergency operations plan, be prepared to provide as much information as possible, such as:

What is happening
The location of the incident
Who is involved
Type of weapon(s) involved, if any
Your name and current location
The Department of Public Safety is charged with the responsibility for security and law enforcement on campus. Please follow this link to a list of programs services offered by the Department of Public Safety: http://www.publicsafety.duq.edu/lawenforcement.html

Non-Emergency Situations:
In the case of a non-emergency situation, all levels of management should be involved. Employees should initially notify their immediate supervisor. If the immediate supervisor is otherwise unavailable, or if the situation involves the immediate supervisor, notify the Dean, Director, Divisional Vice President, Human Resources, University General Counsel and/or Department of Public Safety as appropriate.

Students are urged to report concerns about acts of aggression, harassment, or violence to the Office of Residence Life, Office of Commuter Affairs, Vice President of Student Life, Department of Public Safety or the Dean of their respective academic program.

Enforcement:

Individuals who engage or threaten to engage in prohibited behavior shall be held accountable under University policy and under local, state and federal law. Any employee or student who commits or threatens to commit prohibited behavior may be subject to disciplinary action, up to and including, dismissal or expulsion, as well as arrest and prosecution. Any visitor or affiliate who commits or threatens to commit prohibited behavior may be subject to exclusion from campus, arrest, prosecution, termination of his/her business relationship with the University, and/or any other appropriate action.

Reports of aggression, harassment, violence or threats of violence will be promptly investigated, and, if warranted, disciplinary action will be taken in accordance with applicable procedures. The University will notify law enforcement authorities of criminal conduct as appropriate. In addition, the University may refer individuals accused of violations of this policy for an assessment of the likelihood that they will carry out violent acts or are a danger to themselves or others. The Employee Assistance Program and/or University Counseling Center will be available for consultation as appropriate.

The University will not permit retaliation against anyone who, in good faith, brings a complaint of acts of aggression, harassment, or violence or serves as a witness in the investigation of a complaint of campus violence.

Vendors who conduct business on University premises must conform to the requirements of this policy. The University reserves the right to remove from campus vendor employees who engage in acts prohibited by this policy.

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JOB SAFETY AND HEALTH PROTECTION

Duquesne University will furnish to employees employment and a place of employment free from recognized hazards that are causing or are likely to cause serious harm or death to employees. Duquesne University will comply with all applicable laws and regulations regarding workplace safety and health. One such law is the Pennsylvania Workers and Community Right to Know Act. The Act requires that information about hazardous substances in the workplace and in the environment be available to employees.

The University provides educational and training programs to all employees. For more information regarding this Act or specific information regarding hazardous substances in your workplace, contact Environmental Health and Safety at 412-396-5329.

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THE SMOKING POLICY

Duquesne University has a vital interest in maintaining a healthy and safe environment for students, faculty, staff, and visitors. It is for this reason that Duquesne University prohibits smoking in University buildings. This policy also ensures compliance with the Pennsylvania Clean Indoor Air Act, 35PS230.1 and title Six of Chapter 617 of the City of Pittsburgh Code and Allegheny County Ordinance No 23-06-OR, as amended.

Smoking is prohibited in all University buildings, including but not limited to classrooms, administrative offices, private offices and other workplaces, eating facilities, lobbies, restrooms, libraries, auditoriums, recreational facilities (including Rooney Field and the Gumberg Library Plaza) and in residence halls. Smoking will also be prohibited at least twenty five feet in front of all building entrances or near air intake vents that may direct smoke into buildings. Smoking is also prohibited in departmental motor vehicles.

The success of this policy depends upon the thoughtfulness, consideration of smokers and non-smokers. All employees and students share in the responsibility for adhering to this policy. However, any disputes or complaints regarding the implementation of this policy should be referred to the immediate supervisor for resolution. Non-employees (students and visitors) may address complaints to Deans or Department Heads whose offices are located in the building where the violation occurs or to the supervisor of the smoker if known. The Office of Human Resource Management is available to provide guidance and clarification of this policy and assist in the resolution of disputes.

See The Administrative Policy No. 25 - Smoking Policy.

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FAIR LABOR STANDARDS ACT

Duquesne University is covered by the Fair Labor Standards Act. This Act establishes minimum wages and standard hours of work for all non-exempt employees. Non-exempt employees are those who do not qualify as executive, administrative, or professional under the terms of the Act and those who are defined as Support Employees in The Administrative Policy No.3. - Classification of all University Employees.

The Act requires the University to maintain records of all hours worked by non-exempt personnel. The University's biweekly Time Records serve as the official record keeping document and must accurately reflect all hours worked and paid. Departments may not maintain separate records which vary from the records submitted to the Payroll Office.

It is the responsibility of the employee and the supervisor to submit accurate and timely hours worked each pay period and in accordance with established university deadlines in order for the employee to be paid properly. Employees who do not report and submit their own hours worked accurately, timely and in accordance with departmental and university guidelines will be subject to disciplinary action up to and including termination. Supervisors and time reporters who do not ensure accurate and timely submission of hours will also be subject to disciplinary action up to and including termination. Also, failure to report accurate and timely information by the employee, supervisor, or time reporter will result in a delay of time paid until the next regularly scheduled bi-weekly pay day.

For additional information regarding working hours for Support Staff, refer to The Administrative Policy No. 11-Working Hours for Hourly Paid Employees.

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WORKERS' COMPENSATION EMPLOYEE NOTIFICATION
in Accordance with Section 306(F.1)(1)(i) of the Pennsylvania Workers' Compensation Act

If you are injured while employed and on duty at Duquesne University, you are responsible for reporting the injury/illness immediately to your supervisor. If you seek medical care for your work-related injury or illness, Duquesne University shall provide payment for reasonable surgical medical services, services rendered by physicians or other health care providers, and medicines and supplies, as and when needed, according to the procedures that follow.

In compliance with the Workers' Compensation Act, Duquesne University has established a list of at least six (6) health care providers to treat you in case of a work-related injury or illness. You are required to be treated by one of the designated "panel" providers for a period of ninety (90) days from the date you first seek medical treatment, or Duquesne University may not be required to pay for your medical care during that period of time. In the case of a medical emergency, you may be treated at the closest emergency department. However, any follow-up treatment is required to be provided by one of Duquesne University's panel providers for the first ninety (90) days from the date of your first treatment. Unauthorized, non-emergency treatment for a work-related injury/illness with a non-panel health care provider during the initial 90-day period will not be paid by Duquesne University. If you wish to change medical providers within the first 90 days of medical treatment, you must select a new health care provider from Duquesne's designated panel of providers. If one of these designated providers refers you to another health care provider, you may receive care from that provider and the fees will be paid by Duquesne University. The list of health care providers is posted in various locations throughout the campus, and copies are available in the Risk Management Office.

Should you require continued medical treatment after the initial 90-day period, you may continue seeing the panel provider or you may go to another physician or health care provider of your choice.

You must notify the Disability Claims Manager at 412-396-6677 within five (5) days of treatment with a non-panel provider. This non-panel provider must provide an initial medical report to the Disability Claims Manager within ten (10) days of the date of the first treatment, and every thirty (30) days thereafter as long as treatment continues. Failure to so notify the Disability Claims Manager or Duquesne University will relieve Duquesne University of the responsibility of payment for services rendered if such services are determined to have been unreasonable or unnecessary.

If you follow the guidelines set forth in this notification, you will not be responsible for payment of any charges related to the medical treatment of your work-related injury/illness, or any charges in excess of charges as calculated in the Workers' Compensation Act, unless your treatments are unrelated to your injury/illness. If you refuse reasonable medical services, you may forfeit rights to compensation for your injury.

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DUQUESNE UNIVERSITY SECURITY POLICIES AND PROCEDURES

The following information is provided in compliance with the Pennsylvania College and University Security Information Act (Act of May 26, 1988, P.L. 448, No. 73; and Pa. Legis. Serv. Act 1994-87) and with the U.S. Student Right to Know & Campus Security Act (Public Law 101-542).

Click here to access Public Safety's Annual Security Report and Safety Practices, "Safety First."

Information provided includes:

> Annual Disclosure of Campus Crime Statistics
> Campus Wide Safety
> Safety Services and Programs
> Safety Policies and Procedures

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THE ADMINISTRATIVE POLICY

The following Administrative Policies are available online:


TAP No. 1: THE ADMINISTRATIVE POLICIES (TAPS)—MANUAL FOR EMPLOYEES

TAP No. 2: POST RETIREMENT MEDICAL BENEFITS

TAP No. 3: CLASSIFICATION OF ALL UNIVERSITY EMPLOYEES

TAP No. 4: RECRUITMENT AND EMPLOYMENT PROCEDURE FOR ALL EMPLOYEES

TAP No.5: WAGE AND SALARY ADMINISTRATION AND POSITION CLASSIFICATION

TAP No.6: SELECTION, ASSIGNMENT, TRANSFER, AND PROMOTION NON-FACULTY EMPLOYEES

TAP No.7: ETHICS REPORTING POLICY AND PROCEDURE

TAP No.8: EMPLOYMENT RECORDS

TAP No.9: MILITARY LEAVE OF ABSENCE

TAP No.10: TERMINATION OF EMPLOYMENT – NOTICE GUIDELINES, NON-FACULTY EMPLOYEES

TAP No.11: WORKING HOURS FOR HOURLY PAID EMPLOYEES

TAP No.12: INSURANCE BENEFITS—DUFLEX

TAP No.13: ACADEMIC BENEFITS - TUITION REMISSION

TAP No.14: HOLIDAYS/HOLY DAYS FOR ADMINISTRATIVE/PROFESSIONAL
AND SUPPORT EMPLOYEES

TAP No.15: SICK LEAVE, SHORT-TERM AND LONG-TERM DISABILITY BENEFITS

TAP No.16: UNIVERSITY SPONSORED DEFINED CONTRIBUTION RETIREMENT PLAN

TAP No.17: VACATION FOR FULL-TIME, 12-MONTH CLERICAL/SECRETARIAL
AND ADMINISTRATIVE/PROFESSIONAL EMPLOYEES

TAP No.18: RETIREMENT BENEFITS - ALL UNIVERSITY EMPLOYEES

TAP No.19: BEREAVEMENT TIME, NON-FACULTY EMPLOYEES

TAP No.20: JURY DUTY TIME – ALL UNIVERSITY EMPLOYEES

TAP No.21: EMPLOYMENT OF RELATIVES OF UNIVERSITY EMPLOYEES

TAP No.22: EMERGENCY CLOSING OR PARTIAL SHUTDOWN OF UNIVERSITY

TAP No.23: LEAVES OF ABSENCE: FAMILY AND MEDICAL LEAVE AND PERSONAL LEAVE

TAP No.24: WORKERS’ COMPENSATION

TAP No.25: SMOKING POLICY

TAP No.26: COMPUTING ETHICS AND GUIDELINES

TAP No.27: POLITICAL ACTIVITY AT DUQUESNE UNIVERSITY

TAP No.28: FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA)

TAP No.29: THE UNIVERSITY ENVIRONMENTAL HEALTH AND SAFETY POLICY

TAP No.30: AFFIRMATIVE ACTION, EQUAL EDUCATIONAL AND EMPLOYMENT OPPORTUNITY, AND HUMAN RELATIONS IN THE WORKPLACE AND CLASSROOM

TAP No.31: UNIVERSITY POLICY ON SEXUAL HARASSMENT

TAP No.32: DRUG-FREE AND ALCOHOL-FREE WORKING AND LEARNING ENVIRONMENT

TAP No.33: CONFLICT OF INTEREST POLICY

TAP No.34: APPOINTMENT OF EXEMPT ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES

TAP No.35: FUND RAISING/PUBLIC RELATIONS/ALUMNI RELATIONS/ UNIVERSITY EVENTS

TAP No.36: COLLEGE & UNIVERSITY SECURITY INFORMATION ACT

TAP No.37: SOLICITING, PETITIONING, DISTRIBUTION OF LITERATURE, DEMONSTRATIONS AND PICKETING ON CAMPUS

TAP No.38: EMPLOYEE AND STUDENT USE OF UNIVERSITY MOTOR VEHICLES

TAP No.39: RECORDS RETENTION POLICY

TAP No.40: INTELLECTUAL PROPERTY POLICY

TAP No.41: THE USE OF HUMAN SUBJECTS IN RESEARCH

TAP No.42: RESEARCH INTEGRITY

TAP No.43: SUPPLEMENTAL INCOME FROM GRANTS

TAP No.44: RESEARCH PROPOSALS TO GOVERNMENTAL, CORPORATE, FOUNDATION AND PRIVATE SOURCES

TAP No.45: CONFLICTS OF INTEREST IN GRANTS AND SPONSORED RESEARCH PROJECTS

TAP No.46: FACULTY, STAFF AND STUDENT PARTICIPATION IN COMMERCIAL ENTITIES

TAP No.47: HONORARY DEGREES AND SPEAKERS FOR COMMENCEMENTS< CONVOCATIONS AND OTHER UNIVERSITY EVENTS

TAP No.48: WORKPLACE AND CAMPUS VIOLENCE POLICY

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ETHICS REPORTING POLICY AND PROCEDURE

Introduction

Duquesne University has a responsibility for the stewardship of its resources and the public and private support that enables it to pursue its mission. Duquesne University is committed to compliance with the laws and regulations to which it is subject and to promulgating University policies and procedures to interpret and apply them in the University setting. Laws, regulations, policies and procedures strengthen and promote ethical practices and ethical treatment of the members of the University community and those who conduct business with the University.
The University has in place a system of internal controls and operating procedures that are intended to detect and prevent or deter improper activities. However, even the best systems of internal control cannot provide absolute safeguards against waste, fraud, abuse and other irregularities.

As members of the Duquesne University community, all employees are responsible for sustaining the highest ethical standards of the University, and of the broader community in which we function. As such, employees are encouraged to report any violations of laws, regulations and University policies and procedures, as well as the University’s Code of Business Ethics and Conduct, http://www.hr.duq.edu/employment/employpolicies.html, which come to their attention. Inappropriate activity can range from clearly illegal activity (such as the theft of University funds) to activity that is lawful but unethical (such as divulging confidential information or the unauthorized signing on behalf of the University). Disciplinary actions for proven violations, or for improper retaliation against anyone who reports possible violations, will be determined on a case-by-case basis and may include actions up to and including termination of employment.

Reporting Suspected Violations And Confidentiality:

To report a suspected violation of laws, regulations, University Policies and Procedures, or the University’s Code of Business Ethics and Conduct, employees are encouraged to do one of the following:

1. Report to Management - Violations may be reported initially through standard management channels, beginning with the immediate supervisor. If for any reason it is not appropriate to report suspected violations to the immediate supervisor (e.g., the suspected violation is by the supervisor) individuals may go to a higher level of management within their school or division.

2. Complaints related to discrimination and sexual harassment should be reported to the Affirmative Action Officer. Complaints or disputes related to non-discriminatory issues between an employee and the supervisor or other university representative should be reported to the Office of Human Resource Management. Because of the potential for abuse, as well as the possibility of serious personal and professional consequences resulting from such allegations, complaints made under these categories may not be anonymous. Personal contact with the complainant will insure a more efficient and effective investigation.

3. Other Report Options For Violations Related To Mismanagement of University Resources – this would include but not be limited to: theft, waste or misuse of university financial resources or property, fraud, or neglect of fiscal responsibilities. To the extent that reporting suspected violations to management is not feasible or appropriate, the University has established two additional reporting methods by which violations may be reported in a confidential and anonymous manner:

• Violations may be reported via the web at http://www.ethicspoint.com. This site is operated independently of the University to help ensure user confidentiality and, if desired, anonymity.

• Violations may be reported via the University’s ethics reporting hotline by calling toll-free 1-866-294-8662. This hotline is also operated independently of the University to help ensure confidentiality and, if desired, anonymity.

All reports of suspected violations may be made confidentially and, if desired, even anonymously, although the more information provided, the easier it is to investigate the reports.

University Response:

The University is committed to investigating and taking necessary corrective actions for all suspected violations that are reported. All complaints of suspected violations will be confidentially reported to at least two appropriate senior University officials for investigation and resolution.

In order to protect the integrity of the investigative process, in no instance will a University official who is specifically named in the complaint be the recipient of the complaint.

Upon completing all necessary investigations and resolutions, the University will provide routine reports of proven violations to the Board of Directors.

See, The Administrative Policy No. 7 - Ethics Reporting Policy and Procedure.

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