5.0 GENERAL POLICIES

5.1 LOYALTY OATH - Oklahoma State Statute 51 O.S. Section 36.1, 36.4 requires that each new employee must have a signed and notarized Loyalty Oath as part of their personnel file. The requirement extends to all employees and officials of the State of Oklahoma and must be satisfied before an individual can be paid on the state payroll. Temporary employees hired for 90 days or less need not sign a Loyalty Oath. The Loyalty Oath remains valid as long as the employee is working for the state agency and if terminated, does not have more than a 30 day break in service.

5.2 NEPOTISM - Except as prohibited by the laws of the State of Oklahoma, relationship by consanguinity or by affinity shall not in itself be a bar to appointment, employment or advancement by the University of Oklahoma nor (in the case of faculty members) to eligibility for tenure of persons so related. But no two persons who are related by affinity or consanguinity within the third degree shall be given positions in which either one is directly responsible for making recommendations regarding promotion, salary or tenure for the other, nor shall either of two persons so related who hold positions in the same budgetary unit be appointed (or, as in the case of members of committee A of an academic unit, elected) to an executive or administrative position in that unit or to a position involving administrative responsibility over it as long as the other person remains in the unit without first receiving the written approval of the provost or the appropriate vice president and the president. In the event a waiver is granted, performance evaluations and recommendations for compensation and promotion will be made by one not related to the individual being evaluated. The board of regents will be notified at the next meeting of any waivers. Relatives that are within the third degree of relationship to an employee by blood or marriage are as follows: spouse; parent; grandparent; great-grandparent; parent, grandparent or great-grandparent of spouse; uncle or aunt; uncle or aunt of spouse;
brother or sister; brother-in-law or sister-in-law; niece or nephew; spouse of niece or nephew; son or daughter; son-in-law or daughter-in-law; grandson or granddaughter or their spouse; and great-grandson or great-granddaughter or their spouse.

5.3 OUTSIDE EMPLOYMENT AND EXTRA COMPENSATION WITHIN THE UNIVERSITY, NORMAN CAMPUS - A person who accepts full-time employment at the University of Oklahoma assumes a primary professional obligation to the university. Any other employment or enterprise in which an employee engages for income must be understood to be definitely secondary to his/her university work. After consultation with those reviewing requests for outside employment and extra compensation, the employee must be willing to accept the judgment of the president and regents as to whether he/she may engage in such employment and retain full-time employment with the university. After prior arrangements, full-time staff members who are on the monthly payroll and hold 12-month appointments may engage in additional employment (from within the university or from outside sources or in any combination of the two) to the maximum of 25 percent of their 12-month full-time effort, but they may not receive extra compensation for teaching in summer session or for performing sponsored research.

University staff who are on the fixed (monthly) payroll shall request approval of outside employment on a form, Report and Approval of Proposed External Employment and Extra Compensation Assignments Within the University, available from Human Resources. All activities performed inside the university for extra compensation must be arranged, as regular assignments are, with the agreement of the appropriate department head, dean where applicable and vice president/provost. Such applications and arrangements must be resubmitted at the beginning of each fiscal year. Resubmission is the responsibility of the staff member. Staff members should also be concerned to avoid possible conflict of interest with the university in all outside employment. Questions regarding potential conflict of interest should be addressed to the department head, who may wish to consult the university's legal counsel. No staff member may hold a split (joint) appointment that reflects more than a total of 1.00 full-time equivalent.

General provisions: (1) if this policy creates a demonstrable hardship for a university program or a person, exceptions can be granted by the president in response to a written request; (2) the base period for the policy is August 16 through August 15 for nine-month appointments and July 1 through June 30 for 12-month appointments; (3) these regulations for both faculty and staff supersede the regulations on outside employment adopted by the Board of Regents in 1931, 1948, 1958 and 1971 and the Task Force Report of 1973, which supplemented regents' policy.

5.4 EXTRA COMPENSATION AS ADJUNCT OR OTHER SPECIAL FACULTY- OU administrators and staff members are encouraged to become involved in the instructional mission of the university by teaching courses. The expertise of OU staff can be of great benefit, and regular contact with students and ideas can help each of us to do our jobs better. Staff members and administrators should seek adjunct or other special faculty appointments when their qualifications and availability serve to meet the instructional needs of the university. Teaching should complement and not interfere with or substitute for the primary duties of staff. Normally, teaching should be done on an in-load (normal assigned duties/responsibilities) basis. Extra compensation from the university clearly is inappropriate for staff members with full-time appointments. An adjustment in FTE appointment may be made to account for time spent in teaching. On a case-by-case basis, exceptions may be approved if the course is taught in the evenings or weekends. Requests for exceptions should be forwarded to the Office of the Senior Vice President and Provost.

5.5 CONTACTS WITH REPORTERS - On occasion, reporters for newspapers, radio stations or television stations will contact university staff members directly instead of working through the university's Communication Services Office. There is no objection to this procedure. However, any staff member who is contacted and either gives a statement to the press or arranges for a subsequent interview is requested to inform the coordinator for communication services on either the Norman or Health Sciences Center campuses. This is an informational procedure only, and the cooperation of the staff is requested.

5.6 ADVERTISING AND EDUCATIONAL INFORMATION - The university does not endorse any commercial product, program, enterprise or idea. Under certain circumstances the university's name or symbols may be used in connection with advertising or promotional material. Permission and approval of copy must be obtained in writing prior to publication or broadcast. Requests for approval should be submitted to the Associate Vice President for Public Affairs. The university from time to time may wish to reach a certain public by purchasing advertising in the media. The material contained in this advertising may include matters related to increasing enrollments in regular or extension courses, promotional advertising, or informational material related to specific policies, projects, institutes, departments and curricula. With the exception of staff employment advertising, which is handled through Human Resources, no contracts for advertising should be entered into and no oral or written commitments should be made by any university employee without the approval of the appropriate official. Advance approval of all layouts or copy must be obtained as previously indicated.

5.7 UNIVERSITY SEAL AND COAT OF ARMS - The coat of arms was adopted by the president and the board of regents in 1952. It was adapted from the university seal, which is reserved for official uses, as in publications of the institution, its certificates, diplomas and legal documents and printed materials used in conjunction with official functions of the university. The coat of arms may be used for all other purposes, whether institutional or individual. The colors of the university are crimson and cream.

5.8 PARKING REGULATIONS - Norman Campus. Faculty/staff members who wish to park a motor vehicle on campus must purchase a parking permit through the parking office located in Robertson Hall, Room 311. Parking is allocated for permit holders. The permit is license to park if space is available. Bus service to campus is provided by MetroTransit at a reduced rate upon presentation of a current faculty/staff identification card. Schedule and route information is available from the MetroTransit office in Robertson Hall, Room 304. A parking permit is not required for parking at the Lloyd Noble Center and riding MetroTransit. Faculty/staff may obtain parking permits by completing an application for parking permit and forwarding it to the parking office with a check for the amount of the permit. The following special permits are also available: (1) for person who must use a wheel chair and; (2) for physically disabled persons. Additional information may be found in the parking regulations available at the parking office.

Health Sciences Center. Any faculty, staff or student who expects to park a motor vehicle in any of the parking lots operated by the Health Sciences Center must have a parking permit and gate card, which may be obtained by making application at the Health Sciences Center parking office located in the Service Center Building, Room 112A.

College of Medicine-Tulsa. Any faculty, staff or student who parks a personal motor vehicle in any of the lots on the Health Sciences Center, Tulsa campus, must complete a short form of vehicle identification and attach a small identification sticker to the vehicle(s). Parking is unrestricted and free of cost. Additional information may be found in Parking: Policies and Procedures, which is available at the parking office.

5.9 USE OF STATE VEHICLES FOR PRIVATE PURPOSES - Oklahoma statutes prohibit the use of state-owned vehicles for private purposes. It is the policy of the university that passengers shall not be transported in state vehicles unless they are on state business. When private vehicles are used for state business purposes and one expects to be reimbursed pursuant to 74 O.S.Supp.1987, 500.4(B), the transporting of private passengers not on state business is not prohibited; however, it is suggested and requested that the practice be held to a minimum. According to Oklahoma statute, the use of state-owned vehicles to ride to and from an employee's place of residence, except in the performance of official duty, is expressly prohibited. Employees of the university cannot be assigned a university-owned vehicle for use on a permanent 24-hour basis unless an exception under the statute has been granted. Requests for an exception must be submitted in writing to the president of the university.

If employees using rental vehicles plan to depart at an earlier hour than the motor pool opens or return at a later hour than the motor pool closes, they may be authorized by the motor pool to retain the vehicle at their residence until their departure or until the vehicle may be returned to the motor pool.

5.10 TRAVEL REIMBURSEMENT - All commercial air travel must be purchased from the travel agencies designated by the state's central purchasing division or by a University of Oklahoma contract. This can be done by using the university purchasing system or by purchasing directly and requesting reimbursement along with other travel expenses on the State of Oklahoma Travel Voucher after completion of the trip. Advance payments for other travel expenses are prohibited by state law. Upon completion of a trip, the State of Oklahoma Travel Voucher (form OU220-1-E) should be completed and submitted to the Office of Financial Support Services (Norman) or Travel Services (HSC and Tulsa). All receipts for lodging, registration and public transportation must be attached. The travel voucher forms can be obtained from the University Storeroom (Norman) or available printing services (HSC and Tulsa). Regulations concerning travel reimbursement are published for the Norman campus in the University Guide to Services and in the Procedures manual for the Health Sciences Center campuses.

5.11 CANDIDACY FOR POLITICAL OFFICE - Believing it to be for the best interest of the university, the board of regents requires that any member of the faculty or staff of the university who becomes a candidate in any primary or general election for any county, state or federal office or announces his/her candidacy for any of said offices shall first offer his/her resignation to the board of regents, without reservation.

5.12 KEYS - Keys for buildings, offices, classrooms, storerooms and laboratories are issued by the Physical Plant at the Norman campus, by Site Support at the Health Sciences Center, and by Operations at the Tulsa campus. Employees entrusted with keys are responsible for reporting any loss of keys immediately and for turning in all keys issued to them upon termination of employment.

5.13 FUND RAISING - The employees of the University of Oklahoma Norman campus have historically contributed generously to community and national charitable agencies. In order to minimize personal inconvenience to the employees and disruption of job functions the following policy has been developed. The term "fund raising" shall refer to solicitation of funds by an agency, organization or individual irrespective of the employee receiving a token or symbol in exchange for this contribution. This policy does not pertain to the solicitation or fund-raising activities of students, which is addressed in Title 8 of the University of Oklahoma Student Code- Distribution of Information, Solicitation, Proselytism. Nor does it conflict with the board of regents' policy that no solicitations be conducted in the stadium on football game days.

Responsible Office. All agencies, organizations and/or individuals wishing to initiate a fund-raising campaign on the Norman campus shall contact and receive approval from the Office of the Vice President for Development. The Office of the Vice President for Development shall approve, coordinate and monitor external agency fund-raising activities.

Eligibility Criteria. The follow criteria are considered in determining agency eligibility: (1) agencies requesting approval for a Norman campus fund-raising campaign shall meet the Internal Revenue tax-exempt status (Sections 501-504); (2) the approved agencies shall have the primary purpose of providing human health, social and recreational services; (3) agencies approved for a fund-raising campaign shall normally devote at least 80 percent of all donated funds to providing services; (4) no more than 20 percent of all collected funds shall normally be used for fund raising, lobbying, legislative analysis and other overhead expenses by approved agencies. Policy On Voluntary Giving. There shall be no pressure or coercion applied to any Norman campus employee to contribute to or to participate in any fund-raising activities. Comments pertaining to non-participation shall not be a part of any employee's performance evaluation. Normal career progression and promotion are not contingent upon an individual's participation. If an employee has a complaint or concern relative to fund raising, he/she should contact the Office of the Vice President for Development.

5.14 EMPLOYEE ASSISTANCE PROGRAM (updated February 4, 1997)- The University of Oklahoma recognizes that it is in the best interests of both the university and its employees to provide assistance for employees in dealing with personal problems including alcohol and drug abuse or dependency, mental or emotional disturbance, or other conditions that may adversely affect their job performance. For this reason, the university has established an Employee Assistance Program, which is designed to assist in: (1) identifying the problem at the earliest possible stage; (2) motivating employees and their family members to seek help; and (3) directing them toward appropriate resources for assistance. Guidelines The purpose of the Employee Assistance Program is to provide:

1. Immediate assistance to faculty and staff with personal problems, including alcohol and drug abuse, which affect their work or job performance.

2. Job security and advancement opportunities for those who take advantage of this program will in no way be jeopardized.

3. Complete confidentiality. All records involving services provided by the Employee Assistance Program shall be treated as confidential medical records and shall be maintained separately from personnel records.

4. Faculty and staff who exhibit job performance problems the opportunity to seek assistance voluntarily through the Employee Assistance Program.

5. The supervisor the discretion to refer an employee when there is evidence of work deterioration, which has been documented by the supervisor, or if there are notable signs of alcohol or drug abuse.

In addition:

1. While the faculty or staff member has the right to decide whether or not to use the Employee Assistance Program or to follow any of its recommendations, if personal problems continue to adversely affect work performance, established university employment policies will be followed in handling the situation.

2. The university will endeavor to arrange paid leave or other appropriate leaves of absence for treatment or rehabilitation.

3. There will be no cost to the faculty or staff member for the evaluation and assessment services of the Employee Assistance Program, up to two sessions. Faculty and staff members will be responsible for cost incurred in undertaking recommended treatment.

4. Information about the Employee Assistance Program will be disseminated at regular intervals to faculty and staff.

5.15 SMOKING IN PUBLIC PLACES (updated 2005) - In accordance with the state Smoking in Public Places Act, the university has established a Smoking in Public Places Policy. All facilities of the Health Sciences Center in Oklahoma City and Tulsa are tobacco-free and smoke free on the Norman campus as indicated through the provisions of this policy. All buildings owned or operated by the University of Oklahoma will be free from smoking as noted. Link to: OUHSC Tobacco-Free policy.

Definitions. - "Building" is defined for the purpose of this policy as an enclosed, indoor area owned or operated by the University of Oklahoma and used by the general public, serving as a place of work for university employees or a meeting place for a public body (as defined in the Open Meeting Act OS 25, Section 304), including but not limited to offices, classrooms, laboratories, libraries, auditoriums, arenas, theaters, performance/exhibit halls, museums, meeting rooms, cafeterias and restaurants or public conveyances (including elevators, trolleys and buses). "Smoking" means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device. Signs will be posted at all entrances to university buildings stating that the buildings are smoke-free. Faculty, staff or students within the building may ask any person smoking in the building to refrain. Smoking is prohibited within 25 feet of any building's entrance.

The above does not apply to: (1) any housing or residence facility owned or operated by the university, (2) space leased to others, or (3) outdoor areas unless specifically designated as non-smoking areas. Tobacco products will not be sold on university property. Budget unit heads or their designees will disseminate this policy to all employees within their area of responsibility. Please direct concerns regarding this policy or its implementation through normal supervisory channels for resolution. Breaks taken by employees for the purpose of smoking are subject to the same limitations as all other breaks, as outlined in Section 4.8 of the Staff Handbook.

5.16 COMMUNICATION WITH STATE OFFICIALS - The proper channel through which recommendations concerning the policies and/or administration of the university, its governed entities as a whole or in any of its parts, should be communicated to the legislature or other state officials is the president and the board of regents. Further, any official statement made on behalf of the board to the public through the press or otherwise shall be made only by the chair of the board, provided the president of the university may publicly explain prior board action as deemed necessary and proper. Nothing in the preceding subsection is intended to or should be construed to abridge the rights and privileges of regents to publicly express their personal opinions on any matter or to abridge constitutional rights of employees to comment on matters of public concern or to prohibit any other rights of communication established by law.

5.17 POLICY REGARDING CONFLICTS OF INTEREST - Purpose of policy- This policy addresses situations where there might be a potential financial conflict between a particular outside interest of a faculty or staff employee and the obligation that the employee owes to the University such that an employee's profit or advantage may come, or reasonably appear to come, at the expense of the well-being of the University. The purpose of this policy is to aid in identifying apparent, actual and potential conflicts of interest and assuring that such conflicts do not improperly affect the activities or professional conduct of the universities or their employees. For the purposes of this policy, the term University shall refer to the Norman Campus of the University of Oklahoma only. It is not the intent of this policy to restrict legitimate work appropriate to the employee's profession or discipline, but only to provide the University with authority to take action that is appropriate, proportionate and focused on substantial conflicts of interest that compromise an employee's professional judgment.

Statement of general policy - The University of Oklahoma is a public institution committed to the mission of teaching, research and community service. To these ends, the institution balances an assortment of principles: maintaining an atmosphere that promotes free and open scholarly inquiry; facilitating the transfer of information and technology for the benefit of the public; and serving as a prudent steward of public and private resources entrusted to it. Faculty and staff have a primary commitment to their basic university duties of teaching, research and creative activity, and public service. These basic duties often limit outside activities. As a result, professional and personal activities may present conflict of interest situations which should be evaluated under the auspices of this and other applicable policies.

Faculty and staff participation in outside professional, commercial and pro bono public activities can make important direct and indirect contributions to the strength and vitality of the University. Through participation in such activities, faculty or staff employees may add knowledge and understanding that is relevant and useful to teaching and research within the University, develop sources of funding and support for activities carried out in the University, and establish relationships valuable to the University. Because of its value to the University, its rewards for individual faculty and staff, and its contributions to the larger society of which the University is a part, the University recognizes that employee participation in outside professional, commercial or pro bono public activities is often appropriate.

Sound professional discretion is an integral part of the University's conflict of interest system. Any review of a potential conflict of interest will be undertaken in light of four general propositions. First, conflicts of interest per se are inevitable, and do not necessarily represent any impropriety by faculty or staff employees if disclosed in advance. Second, the failure to disclose a conflict of interest for administrative review and response would be a serious mistake for any faculty or staff employee, and may be a breach of this policy. Third, there is a presumption in favor of allowing faculty or staff employees to act in dual roles once the conflict of interest has been disclosed. Fourth, conflicts of interest may be so profound or substantial under some circumstances that it would be best for all concerned if the faculty or staff employee did not participate in a particular transaction.

It is not possible to completely eliminate the potential for conflict of interest because there are certain rewards and incentives that are inherent or appropriate in the structure of a university enterprise. Such conflicts become detrimental when the potential temptations, financial or otherwise, undermine reasonable objectivity in the design, interpretation, and publication of research; setting University policies; managing contracts; selecting equipment and supplies; involving students in sponsored projects; or performing other roles in university governance in which objectivity and integrity are paramount. Furthermore, such allegations of conflicts of interest based on appearances can undermine public trusts in ways which may not be adequately restored even when mitigating facts are brought to light, apparent conflicts should be avoided, when feasible and appropriate.

Other sections of this Policy notwithstanding, it is the ongoing responsibility of the employee to abide by the provisions of all other applicable federal, state and University's laws and policies relating to conflicts of interest; to identify potential conflicts of interest; and to disclose and seek guidance on such matters from the appropriate vice president.

General Policies

When is there a conflict of financial interest? -A conflict of financial interest exists when a Significant Financial Interest could substantially compromise an employee's judgement in the performance of University duties. Faculty and staff are responsible for disclosing those Significant Financial Interests that would reasonably appear to be affected by or to affect their university duties. However, it is the responsibility of the University, not the discloser, to determine if the disclosed interest could significantly affect the performance of University responsibilities and to require the management, reduction or elimination of the conflict.

Definitions -

Appropriate Vice President: The appropriate vice president giving oversight of the management protocols depends on the activity generating the potential conflict of interest. If the employee activity is a research activity, the vice president for research will provide oversight, regardless of where the individual is employed within the university. If the activity is not research-related, the vice president in whom authority resides over the particular unit in which the individual is employed will provide oversight.

Employee: Any person possessing either a full-time or part-time faculty or staff appointment at the university who is eligible to receive benefits and receives a salary or wage for his/her defined responsibilities. This definition does not include temporary employees appointed (30) days or less or a member of the Board of Regents of the University of Oklahoma and Cameron University. For application of this policy, this definition may include students, both graduate and undergraduate, who work on a grant or contract and have responsibility, in whole or in part, for the reporting of research. Family: An employee's spouse and dependent children.

Serious Breach: A serious breach of this policy is a failure to disclose or prohibited action in conscious disregard of this policy. Conscious disregard is a mental state embracing either (i) intent to deceive, manipulate or defraud; (ii) guilty knowledge; or (iii) moral awareness that the alleged conduct violated the policy.

Significant Financial Interest: Anything of monetary value, including, but not limited to, salary or other payment for services (e.g., consulting fees or honoraria); equity interests (e.g., stocks, stock options, or other ownership interests); and intellectual property rights (e.g., patents, copyrights and royalties from such rights). The term does not include: (1) salary, royalties, or other remuneration from the University of Oklahoma; (2) income from seminars, lectures, or teaching engagements sponsored by public or nonprofit entities; (3) income from service on advisory committees or review panels for public or nonprofit entities; (4) an equity interest that, when aggregated for the employee and the employee's spouse and dependent children, meets all of the following tests: Does not exceed ten thousand dollars ($10,000.00) in value as determined through reference to public prices or other reasonable measures of fair market value, does not represent a five percent (5%) or more ownership interest in any single entity, and did not yield dividends of one thousand dollars ($1,000.00) or more during the preceding calendar year; or (5)salary, royalties or other payments that, when aggregated for the employee and the employee's spouse and dependent children over the next twelve months, are not reasonably expected to exceed ten thousand dollars ($10,000.00).

Potential equity value should be considered in those instances where the employee has an equity interest in a privately-held company and the potential exists for bias in design, conduct or reporting of research based on future financial benefit; the true value of that interest may not be known until the firm goes public, but the faculty or staff employee should make a reasonable assessment of the future market value of the equity.

Regardless of the above minimum requirements, a faculty or staff member, in his or her own best interest, is encouraged to disclose any other financial or related interest that could present an actual conflict of interest or be perceived to present a conflict of interest. Disclosure is a key factor in protecting one's reputation and career from potentially embarrassing or harmful allegations of inappropriate behavior. (Faculty or staff employees are encouraged to ask for guidance from their department chair or dean or the Provost's Office even in situations that are not covered by the disclosure procedures in this policy.)

University Resources: All university facilities, personnel, equipment, materials or proprietary information constitute university resources.

Policies & procedures for disclosure, review and management of potential conflicts in interest-

(A) Disclosure- Every employee of the University shall make annual disclosure of any significant financial interest(s) as defined in this policy, that would reasonably appear to be a conflict of interest. This disclosure shall be made in writing to the appropriate vice president. The vice president may consult with advisory personnel, group or committee appointed for that purpose pursuant to policies and procedures established by the University or with others in connection with the review, and upon completion, shall advise the employee in writing of his or her decision, and the reasons for the decisions, to accept (with or without modifications), return for more information or reject the recommendations. If accepted, the notification shall include, among other things, requirements for immediate action and plans for continued monitoring of the potential or actual conflict.

Employees shall provide at last ten (10) working days for review of their disclosure prior to making any commitments that could reasonably lead to a conflict. However, in the event the ten (10) working day time period is not feasible, the employee should identify the need for expedited review and submit the request to the appropriate vice president. Any changes that occur in an employee's significant financial interests during the year shall be disclosed promptly and reviewed in the manner described above.

(B) Prior approval - (1) As required by federal law and regulations, all financial disclosures must be made, and all identified conflicts of interest must be satisfactorily managed, reduced, or eliminated prior to the University's expenditure of funds under the award, in accordance with the institution's conflict of interest policy. (2) Although there is a presumption in favor of allowing faculty or staff employees to act in dual roles once a conflict of interest has been disclosed, an employee shall not proceed with proposed activity prior to university evaluation.

(C) Examples of Management of Conflicts of Interest- Conditions or restrictions that might be imposed by the University to manage, reduce or eliminate actual or potential conflicts of interest include but are not limited to:

(1) public disclosure of relevant information regarding the conflict of interest, such as all relevant significant financial interests; (2) monitoring of research by independent reviewers; (3) modification of the research plan, activity, or agreement to eliminate or minimize the conflict of interest; (4) designation of an appropriate university representative to have immediate oversight responsibility over the management plan; (5) divestiture of significant financial interests; (6) disqualification from participation in the portion of the activity that would be affected by the significant financial interest; (7) severance of the relationships that create actual or potential conflicts; (8) termination of student involvement in the project.

Some federal funding agencies permit research to proceed, in spite of disclosed conflicts, if the review determines that imposing restrictions or conditions would be either ineffective or inequitable, and that the potential negative impacts that may arise from a significant financial interest are outweighed by interests of scientific progress, technology transfer, or the public health and welfare. However, the University is ultimately responsible for the determination of whether a research or educational project which involves a conflict should proceed. All management plans must be focused and narrowly tailored to minimize or eliminate improper conflicts of interest.

(D) Reports- After development of an acceptable management plan and commencement of the work, the appropriate individuals with oversight responsibility will regularly report, in writing, to the appropriate vice president on the effectiveness of the plan. The frequency of such reports shall be determined by the vice president but shall in all events be at least annually.

(E) Modification of Management Plans - If, after sufficient experience to assess the effectiveness of the management plan and after notice to and full consultation with all appropriate parties, the appropriate vice president determines that the conflict has not been properly managed or has become unmanageable, he/she may modify the plan. If outside agencies require notification of conflict resolution and management, they will be notified in accordance with their requirement.

(F) Forms- The forms suggested for this disclosure and management process are at the end of this policy. The Provost shall provide annual notice and explanation of the forms to be used in the disclosure process for the coming year.

(G) Retrospective Sanctions- It is understood that faculty and staff employees shall clearly, fully, and truthfully disclose, in writing, all activities, relationships, or interests that might present conflicts of interest. Nevertheless, there shall be no retrospective sanctions under this policy for the period of time after the ten day review period, when the appropriate vice president knew of such activities, relationships, or interest and, acting in good faith, took no action to manage, minimize or eliminate them.

5.18 POLICY ON PREVENTION OF ALCOHOL ABUSE AND DRUG USE ON CAMPUS AND IN THE WORKPLACE - The University of Oklahoma recognizes its responsibility as an educational and public service institution to promote a healthy and productive environment. This responsibility demands implementation of programs and services facilitating that effort. The university is committed to a program to prevent the abuse of alcohol and the illegal use of drugs and alcohol by its students and employees. The university program includes this policy, which prohibits illegal use of drugs and alcohol in the workplace, on university property or as part of any university-sponsored activities. In order to meet these responsibilities, university policy:

1. Requires all students and employees to abide by the terms of this policy as a condition of initial and continued enrollment/employment.

2. Recognizes that the illegal use of drugs and alcohol is in direct violation of local, state and federal laws as well as university policies included in this policy, the Staff and Faculty Handbooks, and the Student Code of Responsibility and Conduct. University policy strictly prohibits the illegal use, possession, manufacture, dispensing or distribution of alcohol, drugs or controlled substances in the workplace; on its premises; or as a part of any university-sponsored activities.

3. Considers a violation of this policy to be a major offense, which can result in a requirement for satisfactory participation in a drug or alcohol rehabilitation program, referral for criminal prosecution, and/or immediate disciplinary action up to and including termination from employment and suspension or expulsion from the university. A criminal conviction is not required for sanctions to be imposed upon an employee or student for violations of this policy.

4. Recognizes that violations of applicable local, state and federal laws may subject a student or employee to a variety of legal sanctions including but not limited to fines, incarceration, imprisonment and/or community service requirements. Convictions become a part of an individual's criminal record and may prohibit certain career and professional opportunities. A current listing of applicable local, state and federal sanctions can be obtained through the Office of Student Affairs and Human Resources.

5. Requires an employee to notify his/her supervisor in writing of a criminal conviction for drug or alcohol-related offenses occurring in the workplace no later than five calendar days following the conviction.

6. Provides access to the university's Employee Assistance Programs and Student Counseling Services for counseling and training programs that inform students and employees about the dangers of drug and alcohol abuse. Voluntary participation in or referral to these services is strictly confidential.

7. Forbids an employee from performing sensitive safety functions while a prohibited drug is in his/her system.

8. Mandates drug testing of sensitive safety employees prior to employment, when there is reasonable cause, after an accident, on a random basis, and before returning to duty after refusing to take a drug test or after not passing a drug test. (Sensitive safety employees are defined in CFR Volume 32, Part 280 and CFR Volume 49, Part 653. This legislation is available for review in Human Resources.)

9. Provides for annual distribution of this policy to all staff, faculty and students. Health risks generally associated with alcohol and drug abuse can result in but are not limited to a lowered immune system, damage to critical nerve cells, physical dependency, lung damage, heart problems, liver disease, physical and mental depression, increased infection, irreversible memory loss, personality changes and thought disorders. The university's Employee Assistance Programs and Student Counseling Services staff are responsible for informing students and employees about the dangers of drug and alcohol abuse and the availability of counseling and rehabilitation programs. The appropriate provost or executive officer is responsible for notifying federal funding agencies within 10 calendar days whenever an employee is convicted of a drug-related crime that occurred in the workplace. This policy is based on the Drug Free Workplace Act of 1988 (P.L.100-690, Title V, Subtitle D) and the Drug Free Schools and Communities Act Amendments of 1989 (P.L.101-226) and is subject to the grievance procedure as stated in the Staff and Faculty Handbooks and the university discipline system as outlined in the Student Code of Responsibility and Conduct.

5.19 RACIAL AND ETHNIC HARASSMENT POLICY (revised 9-27-95) - Introduction - Diversity is one of the strengths of our society as well as one of the hallmarks of a great university. The University of Oklahoma supports diversity and therefore is committed to maintaining employment and educational settings which are multicultural, multiethnic and multiracial. Respecting cultural differences and promoting dignity among all members of the University community are responsibilities each of us must share.

Racial and ethnic harassment is a growing concern across American college campuses. It has taken various forms, from criminal acts (assault and battery, vandalism, destruction of property) to anonymous, malicious intimidation, most often directed toward persons whose race or ethnicity is readily identifiable. In employment, racial/ethnic harassment is race discrimination which interferes with an employee's ability to perform his or her duties or creates a hostile or intimidating work environment, prohibited by law under Title VII of the Civil Rights Act of 1964. In the educational context, racial/ethnic harassment is race discrimination which interferes with students' opportunities to enjoy the educational program offered by the University, prohibited by law under Title VI of the Civil Rights Act of 1964.

Policy Statement- principles of academic freedom and freedom of expression require tolerance of the expression of ideas and opinions which may be offensive to some, and the University respects and upholds these principles. The University also adheres to the laws prohibiting discrimination in employment and education. The University recognizes that conduct which constitutes racial/ethnic harassment in employment or educational programs and activities shall be prohibited and is subject to remedial or corrective action as set forth in this policy. This policy is premised on the University's obligation to provide a nondiscriminatory environment which is conducive to employment and learning. The University will vigorously exercise its authority to protect employees and students from harassment by agents or employees of the University, students, and visitors or guests. Specifically,

1. Agents or employees of the University, acting within the scope of their official duties, shall not treat an individual differently on the basis of race, color, or national origin in the context of an employment or educational program or activity without a legitimate nondiscriminatory reason, so as to interfere with or limit the ability of the individual to participate in or benefit from the services, activities or privileges provided by the University; and,

2. The University shall not subject an individual to different treatment on the basis of race by effectively causing, encouraging, accepting, tolerating or failing to correct a racially hostile environment of which it has notice.

Remedies or Corrective Actions - Violation of this policy shall result in corrective action(s) or remedy(ies) designed to reestablish an employment or educational environment which is conducive to work or learning. Corrective actions or remedies will include disciplinary action directed by the executive officer having responsibility for the offender, where appropriate. Remedies or corrective actions will be tailored to redress the specific problem and may range from apologies, mandatory attendance at specific training programs, reprimands, suspension, demotion, to expulsion or termination. Remedies or corrective actions shall be based upon the facts and circumstances of each case and shall be in accordance with the terms and guidelines of the applicable campus grievance procedures.

Violations of this policy by students will be considered as violations of the Student Code and subject student offenders to the remedy(ies) and corrective action(s) provided by the Code. Administrative Action - The University recognizes its obligation to address incidents of racial/ethnic harassment on campus when it becomes aware of their existence even if no complaints are filed, therefore, the University reserves the right to take appropriate action unilaterally under this policy.

With respect to students, the Vice President for Student Affairs/Vice Provost for Educational Services or other appropriate persons in authority may take immediate administrative or disciplinary action which is deemed necessary for the welfare or safety of the University Community. Any student so affected must be granted due process including a proper hearing. Any hearing involving disciplinary suspension or expulsion shall be conducted by a campus disciplinary council in accordance with Title 13, Section 1.2. of the Student Code. Lesser administrative or disciplinary action may be appealed to the Vice President for Student Affairs/Vice Provost for Educational Services. Such requests must be in writing and filed within seven calendar days following the summary action. The Vice President for Student Affairs/Vice Provost for Educational Services will issue a written determination to the student within three working days following the date the request is received.

With respect to employees, upon a determination at any stage in the investigation or grievance procedure that the continued performance of either party's regular duties or University responsibilities would be inappropriate, the proper executive officer may suspend or reassign said duties or responsibilities or place the individual on leave of absence pending the completion of the investigation or grievance procedure.

Retaliation - Threats or other forms of intimidation or retaliation against complaining witnesses, other witnesses, any reviewing officer, or any review panel shall constitute a separate violation of this policy which may be subject to direct administrative action. Complaint Process - The complaint procedures delineated herein applies to all students, faculty, staff, guests or visitors. Complaints alleging violation of the racial and ethnic harassment policy will be reviewed and investigated by the appropriate University office. Complaints may be resolved informally or may proceed through the applicable formal complaint proceedings. Complaints may be filed in the following manner:

1. Complaints against students or student organizations shall be filed with the Equal Opportunity and Affirmative Action Office (EO/AAO) for review and investigation. The EO/AAO, or its designee, may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures.

2. Complaints against faculty or staff shall be filed with the Equal Opportunity and Affirmative Action Office. The EO/AAO or its designee may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures for faculty and staff.

3. Complaints against contractors working on university premises shall be filed with the Equal Opportunity and Affirmative Action Office. The EO/AAO or its designee may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures for faculty, staff and students.

4. Complaints against visitors or guests should be directed to the University police office on the campus where the incident occurred. The campus police will forward informational copies of all reports and inquiries dealing with discrimination, harassment or hate crimes to the EO/AAO. Responsible Official- The Equal Opportunity and Affirmative Action Officer is charged with the responsibility for administering this policy. The Equal Opportunity and Affirmative Action Office will serve as a repository for all records of complaints, investigative reports, and remedies/corrective actions in connection with this policy. The Equal Opportunity and Affirmative Action Officer is the overall coordinator of all university activities dealing with discrimination in employment or education. To contact the University Equal Opportunity and Affirmative Action Office: Norman Campus, Room 102, Evans Hall, Ph: 325 - 3541, Health Sciences Center Campus, Room 113 Service Center, Ph: 271-2110.

5.20 SEXUAL HARASSMENT/SEXUAL ASSAULT POLICY (revised 1-14-97) - Statement- The University of Oklahoma explicitly condemns sexual harassment of students, staff, and faculty. Sexual harassment is unlawful and may subject those who engage in it to University sanctions as well as civil and criminal penalties.

When criminal action is pursued in addition to an administrative grievance under this policy, the EO/AA Office will coordinate its investigative actions with the University or local law enforcement authorities to ensure that criminal prosecution is not jeopardized. The EO/AA Officer may defer administrative action at the request of University or local law enforcement, authorities pending completion of the criminal investigation. Where review by the EO/AA Officer or other university executive officer determines that immediate administrative action is necessary for the safety, health and well-being of the campus community, such action may be taken in advance of resolution of criminal charges.

Since some members of the University community hold positions of authority that may involve the legitimate exercise of power over others, it is their responsibility to be sensitive to that power. Faculty and supervisors in particular, in their relationships with students and subordinates, need to be aware of potential conflicts of interest and the possible compromise of their evaluative capacity. Because there is an inherent power difference in these relationships, the potential exists for the less powerful person to perceive a coercive element in suggestions regarding activities outside those appropriate to the professional relationship. It is the responsibility of faculty and staff to behave in such a manner that their words or actions cannot reasonably be perceived as sexually coercive, abusive, or exploitive. Sexual harassment also can involve relationships among equals as when repeated advances, demeaning verbal behavior, or offensive physical contact interfere with an individual's ability to work and study productively.

The University is committed to providing an environment of study and work free from sexual harassment and to insuring the accessibility of appropriate grievance procedures for addressing all complaints regarding sexual harassment. The University reserves the right, however, to deal administratively with sexual harassment issues whenever becoming aware of their existence. Records of all complaints, except for hearings before the Faculty Appeals Board, shall be transmitted to and maintained by the University Equal Opportunity and Affirmative Action Officer as confidential records.

The University encourages victims to report instances of sexual assault or other sex offenses, either forcible or nonforcible. In addition to internal grievance procedures, victims are encouraged to file complaints or reports with campus police or local law enforcement agencies by telephoning 911, as soon as possible after the offense occurs in order to preserve evidence necessary to the proof of criminal offenses. The campus police department is available to assist victims in filing reports with other area law enforcement agencies.

Definition of Sexual Harassment - Sexual harassment shall be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following context: 1) when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing, or 2) when submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or 3) when such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

Examples of Prohibited Conduct- Conduct prohibited by this policy may include, but is not limited to: 1) Unwelcome sexual flirtation; advances or propositions for sexual activity. 2) Continued or repeated verbal abuse of a sexual nature, such as suggestive comments and sexually explicit jokes. 3) Sexually degrading language to describe an individual. 4) Remarks of a sexual nature to describe a person's body or clothing. 5) Display of sexually demeaning objects and pictures. 6) Offensive physical contact, such as unwelcome touching, pinching, brushing the body. 7) Coerced sexual intercourse. 8) Sexual assault. 9) Rape, date or acquaintance rape, or other sex offenses, forcible or nonforcible. 10) Actions indicating that benefits will be gained or lost based on response to sexual advances. Retaliation- Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of sexual harassment will be treated as a separate and distinct violation of University policy.

Sanctions- Appropriate disciplinary action may include a range of actions up to and including dismissal and/or expulsion.

Complaint Procedure - Complaints alleging a violation of the Sexual Harassment/Sexual Assault Policy shall be handled in accordance with the Grievance Procedure For Complaints Based Upon Discrimination, Sexual Harassment, Sexual Assault, Consensual Sexual Relationships, Retaliation Or Racial and Ethnic Harassment. To contact the University Equal Opportunity and Affirmative Action Office: Norman Campus, Room 102, Evans Hall, Ph: 325 - 3541, Health Sciences Center Campus, Room 113 Service Center, Ph: 271-2110.

5.21 CONSENSUAL SEXUAL RELATIONSHIPS POLICY- Rationale- The University's educational mission is promoted by professionalism in faculty-student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the University's educational mission. Trust and respect are diminished when those in positions of authority abuse, or appear to abuse, their power. Those who abuse, or appear to abuse, their power in such a context violate their duty to the University community.

Faculty members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for their further studies or their future employment, or conferring any other benefits on them. Amorous relationships between faculty members and students are wrong when the faculty member has professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamentally asymmetric nature of the relationship. Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to favor or advance one student's interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors. Therefore, the University will view it as unethical if faculty members engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. As with faculty, staff may also be in a position to exert authority and control over students. Staff, too, must be conscious of the potential for abuse of power inherent in their relationships with students. Students rely on staff for assistance and guidance in dealing with issues such as scheduling of classes, financial aid, tutoring, housing, meals, employment, educational programs, social activities, and many other aspects of University life. Those who deal with students are expected to provide them with support and positive reinforcement. Staff who would deal with students in a sexual manner abuse, or appear to abuse, their power and violate their duty to the University community.

Definitions- As used in this policy, the terms "faculty" or "faculty member" mean all those who teach at the University, and include graduate students with teaching responsibilities and other instructional personnel. The terms "staff" or "staff members" mean all employees who are not faculty, and include academic and non-academic administrators as well as supervisory personnel. The term "consensual sexual relationship" may include amorous or romantic relationships, and is intended to indicate conduct which goes beyond what a person of ordinary sensibilities would believe to be a collegial or professional relationship.

Policy

Faculty/Student Relationship Within the Instructional Context- It is considered a serious breach of professional ethics for a member of the faculty to initiate or acquiesce in a sexual relationship with a student who is enrolled in a course being taught by the faculty member or whose academic work (including work as a teaching assistant) is being supervised by the faculty member. Faculty/Student Relationship Outside the Instructional Context- Sexual relationships between faculty members and students occurring outside the instructional context may lead to difficulties. Particularly when the faculty member and student are in the same academic unit or in units that are academically allied, relationships that the parties view as consensual may appear to others to be exploitative. Further, in such situations the faculty member may face serious conflicts of interest and should be careful to distance himself or herself from any decisions that may reward or penalize the student involved. A faculty member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the faculty member has or has had an amorous relationship will be deemed to have violated his or her ethical obligation to the student, to other students, to colleagues, and to the University.

Staff/Student Relationships - Consensual sexual relationships between staff and students are prohibited in cases where the staff member has authority or control over the student. A staff member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the staff member has or has had an amorous relationship will be deemed to have violated his or her ethical obligation to the student, to other students, to colleagues, and to the University.

Complaint Procedure - Complaints alleging a violation of the Consensual Sexual Relationships Policy shall be handled in accordance with the Grievance Procedure For Complaints Based Upon Discrimination, Sexual Harassment, Sexual Assault, Consensual Sexual Relationships, Retaliation Or Racial and Ethnic Harassment. To contact the University Equal Opportunity and Affirmative Action Office: Norman Campus, Room 102, Evans Hall, Ph: 325 - 3541, Health Sciences Center Campus, Room 113 Service Center, Ph: 271-2110.

5.22 DISCRIMINATION POLICY (OTHER THAN SEXUAL OR RACIAL/ETHNIC HARASSMENT) (revised 1-14-97) - The University has a policy of internal adjudication in matters relating to alleged discrimination. Any faculty member, staff member, or student, including those on temporary or part-time status, who believes that he or she has been discriminated or retaliated against should file a complaint under the Grievance Procedure For Complaints Based Upon Discrimination, Sexual Harassment, Sexual Assault, Consensual Sexual Relationships, Retaliation or Racial and Ethnic Harassment. Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of discrimination and/or harassment will be treated as a separate and distinct violation of University policy. To contact the University Equal Opportunity and Affirmative Action Office: Norman Campus, Room 102, Evans Hall, Ph: 325 - 3541, Health Sciences Center Campus, Room 113 Service Center, Ph: 271-2110.

5.23 REASONABLE ACCOMMODATION POLICY - The University of Oklahoma will reasonably accommodate otherwise qualified individuals with a disability unless such accommodation would pose an undue hardship, would result in a fundamental alteration in the nature of the service, program or activity or in undue financial or administrative burdens. The term "reasonable accommodation" is used in its general sense in this policy to apply to employees, students and visitors. Reasonable accommodation may include, but is not limited to: (1) making existing facilities readily accessible and usable by individuals with disabilities, (2) job restructuring, (3) part-time or modified work schedules, (4) reassignment to a vacant position if qualified, (5) acquisition or modification of equipment or devices, (6) adjustment or modification of examinations, training materials or policies, (7) providing qualified readers or interpreters, (8) modifying policies, practices and procedures.

Reasonable accommodation with respect to employment matters should be coordinated with Human Resources and the disabled individual. Reasonable accommodation with respect to academic matters, including but not limited to faculty employment, should be referred to the Office of the Provost while all other issues of reasonable accommodation should be referred to the Office of the Vice President for Administrative Affairs.

Individuals who have complaints alleging discrimination based upon a disability may file them with the university's affirmative action officer in accordance with prevailing university discrimination grievance procedures.

5.24 GRIEVANCE PROCEDURE FOR COMPLAINTS BASED UPON DISCRIMINATION, SEXUAL HARASSMENT, SEXUAL ASSAULT, CONSENSUAL SEXUAL RELATIONSHIPS, RETALIATION OR RACIAL AND ETHNIC HARASSMENT(revised 1-14-97)

Who may use procedure- the grievance procedure embodied herein shall be available to any person who, at the time of the acts complained of, was employed by, was an applicant for employment, or was enrolled as a student at the University of Oklahoma.

Filing of Complaint- Persons who have complaints alleging discrimination based upon race, color, national origin, sex, age 40 or above, religion, disability, status as a veteran or complaints alleging sexual harassment, consensual sexual relationships, retaliation, or racial and ethnic harassment shall file them in writing with the Equal Opportunity and Affirmative Action Officer, hereafter referred to as EO/AA Officer, or with their department head/chair, academic dean, campus judicial coordinator, Vice Provost for Educational Services, or administrative supervisor. These individuals and the EO/AA Officer or the EO/AA Officer's designee are referred to as "Administrator."

Complainants who exercise their right to use this procedure agree to accept its conditions as outlined. Where multiple issues exist, (i.e. sexual harassment and violation of due process or grade appeal), the complainant must specify all of the grounds of the grievance of which the complainant should have reasonably known at the time of filing. A grievance filed under this procedure may normally not be filed under any other University grievance procedure. Depending on the nature of the issues involved, the complainant will be advised by the EO/AA Officer or his/her designee about the appropriate procedure(s) to utilize.

Timing of Complaint- Any complaint must be filed with the EO/AA Officer or other appropriate administrator within 180 calendar days of the act of alleged discrimination or harassment. All other time periods may be reasonably extended by the administrator.

Administrative Action- The University recognizes its obligation to address incidents of discrimination and harassment on campus when it becomes aware of their existence even if no complaints are filed, therefore, the University reserves the right to take appropriate action unilaterally under this procedure.

With respect to students, the Vice President for Student Affairs/Vice Provost for Educational Services or other appropriate persons in authority may take immediate administrative or disciplinary action which is deemed necessary for the welfare or safety of the University Community. Any student so affected must be granted due process including a proper hearing. Any hearing involving disciplinary suspension or expulsion shall be conducted by a campus disciplinary council in accordance with Title 13, Section 1.2. of the Student Code. Lesser administrative or disciplinary action may be appealed to the Vice President for Student Affairs/Vice Provost for Educational Services. Such requests must be in writing and filed within seven calendar days following the summary action. The Vice President for Student Affairs/Vice Provost for Educational Services will issue a written determination to the student within three working days following the date the request is received.

With respect to employees, upon a determination at any stage in the investigation or grievance procedure that the continued performance of either party's regular duties or University responsibilities would be inappropriate, the proper executive officer may suspend or reassign said duties or responsibilities or place the individual on leave of absence pending the completion of the investigation or grievance procedure.

Withdrawal of Complaint- The complainant may withdraw the complaint at any point during the investigation or prior to the adjournment of a formal hearing.

Confidentiality of Proceedings and Records- Investigators and members of the Hearing Panel are individually charged to preserve confidentiality with respect to any matter investigated or heard. A breach of the duty to preserve confidentiality is considered a serious offense and will subject the offender to appropriate disciplinary action. Parties and witnesses are admonished to maintain confidentiality with regard to these proceedings.

All records, involving discrimination or harassment, upon disposition of a complaint, shall be transmitted to and maintained by the EO/AA Officer as confidential records except to the extent disclosure is required by law. This includes records of complaints handled by administrators.

Proceedings

1. Investigation- Upon receipt of a complaint, the EO/AA Officer or other appropriate administrator is empowered to investigate the charge, to interview the parties and others, and to gather any pertinent evidence. The investigation should be completed within 60 calendar days of receipt of the complaint, or as soon as practical. The investigator shall prepare a written record of the investigation.

In arriving at a determination of a policy violation, at any stage of the proceedings, the evidence as a whole and the totality of the circumstances and the context in which the alleged incident(s) occurred shall be considered. The determination will be made from the facts on a case by case basis. Upon completion of the investigation, the EO/AA Officer or other administrator is authorized to take the following actions:

a) Satisfactory Resolution- Resolve the matter to the satisfaction of the University and both the complainant and the respondent. If a resolution satisfactory to the University and both parties is reached through the efforts of the EO/AA Officer or other administrator, the administrator shall prepare a written statement indicating the resolution. At that time the investigation and the record thereof shall be closed.

b) Dismissal- Find that no policy violation occurred and dismiss the complaint, giving written notice of said dismissal to each party involved. Within 15 calendar days of the date of the notice of dismissal, the complainant may appeal said dismissal in writing to the EO/AA Officer by requesting a hearing according to the provisions of the section entitled "Hearing.". If no appeal is filed within the 15 calendar day period, the case is considered closed.

c) Determination of Impropriety- Make a finding of impropriety and notify the parties of the action to be taken. Either party has the right to appeal said determination in writing within 15 calendar days of the date of notice of determination to the EO/AA Officer by requesting a hearing according to the provisions of. the section entitled "Hearing.". If no appeal is filed within the 15 calendar day period, the case is considered closed.

In the case of a complaint against a faculty member, the administrative investigator may determine that the evidence is sufficiently clear and serious so as to warrant the immediate commencement of formal proceedings as provided in the Abrogation of Tenure, Dismissal Before Expiration of a Term Appointment, and Severe Sanctions section of the Faculty Handbook. If the President concurs with the administrator's finding, the case may be removed at the option of the accused from the grievance proceedings contained herein and further action in the case shall be governed by the Abrogation of Tenure, Dismissal Before Expiration of a Term Appointment, and Severe Sanctions section in the Faculty Handbook. Otherwise, this policy and procedure shall apply.

2. Hearing

a) Request for a Hearing - Appeals and complaints unresolved following an investigation may result in a hearing before a Hearing Panel selected from the membership of the Committee on Discrimination and Harassment as described below. For the Norman campus, faculty versus faculty grievances heard by the Faculty Appeals Board. The request for a hearing is to be addressed to the EO/AA Officer. The request for a hearing must contain the particular facts upon which the policy violation allegation is based as well as the identity of the appropriate respondent(s). A copy of the request shall be given to the proper respondent(s) by the EO/AA Officer. Written response to the request for a hearing must be sent to the EO/AA Officer within 10 calendar days of receiving notice that a hearing has been requested. A copy of the response shall be given to the party requesting the hearing.

b) Selection of a Hearing Panel- Within 10 calendar days following receipt of the written request for a hearing, the EO/AA Officer shall initiate the process to determine the members of the Hearing Panel who are to conduct a hearing. A five-member Hearing Panel will be selected by drawing from: on the Health Sciences Center, the twenty-four (24) member Committee on Discrimination and Harassment; and on the Norman Campus, from the sixteen (16) member Committee on Discrimination and/or the fifty (50) member Faculty Appeals Board. In the case of faculty versus faculty complaints on the Norman Campus, the party requesting the hearing may request that the panel members be drawn only from the Faculty Appeals Board.

A Committee on Discrimination and Harassment shall be established on each campus and composed of: on the Health Sciences Center, eight (8) staff members, eight (8) students, and eight (8) faculty members; and on the Norman Campus, eight (8) staff members and eight (8) student members, with faculty representation being selected from the Faculty Appeals Board. On the Norman Campus, five (5) staff will be appointed by the Staff Senate and five (5) students will be appointed by UOSA; the President will appoint three (3) staff and three (3) students. At the Health Sciences Center, eight (8) faculty will be appointed by the Faculty Senate, eight (8) staff members appointed by the Employee Liaison Council, and eight (8) students by the Student Government Association. The terms of appointment shall be for three (3) years with initial terms of 1, 2, and 3 years in each category to provide the staggered membership, except that each student shall be appointed for a one year term.

The EO/AA Officer or his/her designee shall preside at a drawing to determine the members of the Hearing Panel. The drawing shall be from the pool of names as outlined in the above paragraph. Names of persons shall first be removed from the pool who; (1) have direct involvement or knowledge of the incident involved; (2) are employed in the same budget unit; and (3) are related to either party in the grievance. The remaining names shall be placed in a container, and the drawing shall be made to determine the five members who are to serve on the Hearing Panel. Prospective panel members who have been determined by the drawing shall be asked to disqualify themselves should there be any possibility of their having a biased opinion concerning the grievance. For example, a close friend shall disqualify himself/herself. When, for any reasons, prospective panel members disqualify themselves, additional names shall be drawn from the container until a full panel is constituted. Either party to the complaint may ask the EO/AA Officer to disqualify any member of the Hearing Panel upon a showing of cause.

c.) Conference - Within 10 calendar days of receiving notification, or as soon as practical, the EO/AA Officer shall convene the Hearing Panel for an orientation conference and an informal discussion of the grievance. The panel will select a Chair of the Hearing Panel (hereafter referred to as the Chair) from the group of five Hearing Panel members. The EO/AA Officer shall be present during the informal discussion. At the beginning of the conference, the EO/AA Officer shall conduct an orientation for the panel members. Each panel member shall be given a copy of the written complaint, the request for a hearing, and the written response. No witnesses will be heard during the orientation conference. After the selection of a Chair and after the orientation is delivered to the panel members, the EO/AA Officer shall be excused. At that time the Hearing Panel will reach a decision as to whether there exist adequate grounds for a hearing. If the Panel decides at its pre-hearing conference that there is no basis for a hearing, it shall report the determination in writing to the proper executive officer with a copy to the President and the EO/AA Officer. The Executive Officer shall render his or her decision on the matter in writing to each of the parties involved in the informal proceedings.

d) Informal Hearing - In the event the Hearing Panel determines that there is a basis for a hearing, the Chair shall convene the panel for an informal hearing. Each panel member shall be given a copy of the Hearing Guidelines. The parties involved will be present at the informal hearing. No witnesses will be heard. The Chair of the Hearing Panel shall notify the parties of the date, time and location of the informal hearing. The hearing shall be scheduled to reasonably ensure that the complainant and respondent are able to participate. Upon request of the Chair, Legal Counsel may serve as an adviser to the Hearing Panel.

At all meetings, each party may be accompanied by an adviser. In the event that a party chooses to be advised by an attorney he/she may do so at his/her expense. If an adviser is used, the name of the person so assisting must be furnished to the Panel and the other party 10 calendar days in advance of the hearing conference. Advisers may advise their clients but may not directly address the Hearing Panel.

In the event the matter is resolved to the satisfaction of all parties prior to the formal hearing, a written statement shall indicate the agreement recommended by the parties and shall be signed and dated by each party and by the Chair. The recommendation will be referred to the appropriate Executive Officer for final determination.

In the event the panel by a majority vote decides at the informal hearing that there is no basis for a formal hearing, it may recommend that the grievance be dismissed. The panel shall report the recommendation in writing to the appropriate Executive Officer, with a copy to the President and the EO/AA Officer. The Executive Officer shall render his or her decision on the matter in writing to each of the parties involved in the informal hearing.

e) Formal Hearing - In the event that the panel determines the need for a formal hearing, The Chair will convene the panel and the parties for a formal hearing. The Hearing Panel procedures shall be established with reference to the Hearing Guidelines and shall provide that the parties may present all of the evidence that they consider germane to the determination. Further, the parties may call witnesses to testify and may cross-examine witnesses called by the other party. The hearing shall be closed unless all principals in the case agree to an open hearing. Audio tape recordings of the proceedings shall be arranged by the Chair and paid for by the University. Transcripts may be charged to the requesting party. In cases of alleged sexual assault on students, the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding and both shall be informed of the outcome of the proceeding. The Chair shall notify the parties of the date, time and location of the formal hearing. Parties are responsible for giving such notice to their witnesses. The hearing shall be scheduled to reasonably ensure that the complainant, respondent, and essential witnesses are able to participate.

In the event the matter is resolved to the satisfaction of all parties prior to completion of the formal hearing, a written statement shall indicate the agreement recommended by the parties and shall be signed and dated by each party and by the Chair. The recommendation will be referred to the appropriate Executive Officer for final determination.

f) Panel's Findings and Recommendations - In the event that no solution satisfactory to the parties is reached prior to the completion of the formal hearing, the Panel shall make its findings and recommendations known to the proper executive officer, with copies to the President and the EO/AA Officer. The Panel's report, with its findings and recommendations, shall be prepared and properly transmitted within seven (7) calendar days after conclusion of the formal hearing. g) Executive Officer's Decision- Within 15 calendar days of receipt of the Hearing Panel's findings and recommendations, the proper executive officer shall inform the complainant and the respondent of the findings of the Hearing Panel and the officer's decision. A copy of the officer's decision shall be transmitted to the Chair of the Hearing Panel, with copies to the President and the EO/AA Officer. In a case investigated initially by an administrator, the administrator also shall be informed of the officer's decision. In the event the allegations are not substantiated, reasonable steps in consultation with the accused may be taken to restore that person's reputation.

The Executive Officer's decision may be appealed to the President within 15 calendar days of being notified of prospective action or of action taken, whichever is earlier. If the President does not act to change the decision of the Executive Officer within 15 calendar days of receiving the appeal, the decision of the Executive Officer shall become final under the executive authority of the President. To contact the Equal Opportunity and Affirmative Action Office: Norman Campus-Evans Hall, Room 102 or telephone (405) 325-3546; Health Sciences Campus- Services Center, Room 113 or telephone (405) 271-2110.

5.25 UNIVERSITY OMBUDS SERVICE - The University Ombudsperson serves faculty and staff on the Norman Campus in the areas of dispute resolution and mediation of campus-related issues. The Ombudsperson also provides information about faculty and staff grievance procedures and the administrative appeals process. The office of the Ombudsperson is located in Room 213 of the Bizzell Memorial Library.

5.26 COMMUNICABLE DISEASE POLICY - The purpose of this policy is to inform faculty and staff members about how the University of Oklahoma will respond to faculty and staff with a communicable disease. The university wishes to provide a workplace free of hazards and will take reasonable precaution to protect faculty and staff members from peers and others who are known to have communicable diseases.

Information on the communicable disease policy can be obtained from Human Resources on the Norman campus. Educational Services at the Oklahoma City campus provides the policy for the Health Sciences Center and College of Medicine-Tulsa.

5.27 BRIGHT IDEA SUGGESTION PROGRAM - Purpose - The purpose of the Bright Idea Suggestion Program is to give faculty, staff and students of the University of Oklahoma an opportunity to directly improve university operations and to provide recognition and/or monetary awards for adopted ideas.

Responsibility. The Vice President for Administrative Affairs on each campus has responsibility for implementation of the Bright Idea Suggestion Program. Coordination and administration are handled by the directors of human resources. Each suggestion is to be submitted in writing on a Bright Idea Suggestion form to Human Resources where it will be date stamped, recorded and reviewed by the Bright Idea Suggestion Committee and the department affected by the suggestion.

Eligibility. All active members of the faculty, staff or student body except members of the Bright Idea Suggestion Committee are eligible to submit ideas for consideration. Persons submitting a joint suggestion will share the award equally. When the same suggestion is submitted separately by two or more persons, only the person who first submitted the suggestion is entitled to an award. Committee Structure. The Bright Idea Suggestion Committee will be composed of seven members serving two-year terms as follows: one member appointed by the Staff Senate (Norman campus), one member appointed by the Faculty Senate on each campus, one member appointed by the Employee Liaison Council (Health Sciences Center), one member appointed by the Student Association on each campus, and one member to be appointed by the president to serve as chair. A member of the president's staff will also be appointed by the president to serve as an ex-officio or permanent member. The committee will be responsible for deciding winners of all monetary awards and certificates of appreciation.

Awards. A total of five monetary awards and any number of certificates of appreciation will be given each fiscal year. A monetary award may be given when an idea is implemented and its benefits documented. Monetary awards may range from $50 to $1,000 per award based on merit and potential tangible or intangible savings as decided by the Bright Idea Suggestion Committee. All decisions by the committee are final. A person receiving recognition will receive a letter of appreciation. Copies of letters to faculty and staff will be sent to supervisors and to permanent personnel files. Suggestions received too late in the fiscal year to be considered and implemented will be scheduled for consideration for the next fiscal year as decided by the Bright Idea Suggestion Committee. The committee can also recommend to the president that departments implementing the highest percentage of suggestions be recognized. An awards presentation will be held annually.

5.28 EMPLOYEE FINANCIAL OBLIGATIONS( approved 7-11-1997) - Policy - Faculty, staff, and student employees of the University of Oklahoma shall be required to pay all outstanding financial obligations due the University of Oklahoma in accordance with the due dates established for such obligations. Faculty, staff, and student employees who do not pay their past due financial obligations as indicated on the billing statement will be subject to the University's collection processes. The administration is directed to establish procedures at the Norman Campus and Health Sciences Center to provide the means for the university to gain access to the funds to which it is entitled.

Procedure (Norman Campus)

(1) Communication of Policy - Faculty, staff, and student employees should be informed of this policy at the time of their appointment and at the time they purchase goods and services on credit from University departments.

(2) Determination of Creditworthiness- University departments selling goods or services on credit to university employees have the responsibility to determine the university related creditworthiness of the employee. Prior to the provision of goods or services on credit to an employee, the selling department should access the university's accounts receivable system to determine if the employee is past due on any university charges. Based upon the status of the employee's account, the selling department shall make a managerial decision as to whether or not to sell goods and services on credit to the employee.

(3) Collection Procedures-

(a) For purposes of implementing this policy, the following account aging guidelines shall apply:

charges appearing on a Bursar statement for the first time are considered to be CURRENT charges.
charges are considered to be 30 DAYS PAST DUE if they are outstanding on the second Bursar statement.
charges are considered to be 60 DAYS PAST DUE if they are outstanding on the third Bursar statement.
charges are considered to be 90 DAYS PAST DUE if they are outstanding on the fourth Bursar statement.

(b) Monthly, after the mailing of the Bursar statements, the Collections Office will identify university employees with outstanding charges that are 90 OR MORE DAYS PAST DUE. Excluded from this process are student employees (including Graduate Assistants) who are paying their account in accordance with the university's tuition and fee payment plan, or who have made alternative payment arrangements with the Collections Office.

(c) The Collections Office will send a letter to each employee identified above. The letter will: (1) Require payment in full or a response sent to the Collections Office within 10 calendar days, (2) Request written notification to the Collections Office and the charging department if the past due charges are being disputed, and (3) Request the employee to contact the Collections Office to establish a payment agreement, if the employee cannot pay the outstanding debt in full. The Collections Office will attempt to establish a payment agreement that is based upon the amount of the outstanding debt, the employee's income, and the age of the debt.

If the employee does not: (1) Pay the outstanding debt in full, or (2) Contact the Collections Office to establish a payment agreement, or (3) Make payments as agreed to in a previously accepted payment agreement, or (4) Dispute the charges within 10 calendar days, the Collections Office will refer the account to the Office of Legal Counsel.

(e) Garnishment--If the employee with outstanding debt to the university fails to satisfy this debt through the procedures outlined above, the Collections Office will refer the account to the Office of Legal Counsel for collection. The Legal Office will be responsible for monitoring and collecting on (1) payment agreements that the Office of Legal Counsel makes with an employee, (2) judgments, and (3) garnishments. Payments received as a result of a garnishment will be forwarded to the Office of Legal Counsel.

4. Disputed Charges - If an employee disputes a charge, he/she must provide written notification to the Office of the Bursar and the department originating the charge. Within 30 calendar days of receipt of the written notification, the originating department must verify the validity of the charge or issue appropriate adjusting transactions. If the department does not respond within 30 calendar days, the Collections Office will process an adjusting transaction to remove the disputed charge from the employee's account and to charge it back to the selling department. Upon receipt of written notification from the charging department that the disputed charge is valid, the Collections Office will pursue the collection of the debt in accordance with the procedures outlined above.

5.29 UNIVERSITY OF OKLAHOMA HEALTH AND SAFETY POLITY (approved March 19, 1996)- "The University is committed to providing a safe and healthy environment for the entire University community and to complying with all applicable Federal and State laws and regulations pertaining to occupational and environmental safety. 'Academic and administrative personnel with supervisory and teaching roles must ensure that procedures are developed and followed which are designed to prevent injury, protect the assets of the University, and protect their environment. 'It is the responsibility of all University faculty, staff and students to follow safe working practices, obey health and safety rules and regulations, and work in a way that protects their health and that of others, and does no harm to the environment."

5.30 Bicycle Policy - Any bicycle operated on the University campus shall be registered with the University Department of Public Safety ("DPS" or "Campus Police") through the University and City of Norman joint bicycle registration program. This requirement applies regardless of whether the owner is a student, faculty or staff member. Registration is at no cost. Bicycle operators may contact Campus Police or the Safe Walk Office for information about how to register.Bicycles shall be parked only in designated racks placed on campus. Bicycles secured to campus fixtures other than designated racks shall be subject to removal without prior notice. The responsibility for the security of parked bicycles rests with the owner. The University shall not be responsible or liable in any way for lost, stolen, or damaged bicycles. Bicycles shall also be kept in good working order and shall not be allowed to deteriorate or become otherwise derelict.The University may remove any bicycle that appears to be abandoned. A bicycle that is observed to be apparently parked in the same location longer than two weeks or that is apparently broken, inoperable, or derelict, shall be considered abandoned. If a removed bicycle is registered under this policy, the University will try to contact the registered owner to arrange for removal. If an abandoned bicycle is not registered, the University may remove it immediately. The University is not responsible for the cost of locks, chains, other security devices, or any other item that may be damaged or destroyed as a result of removing any bicycle. The University may dispose of any bicycle that has been in storage longer than three months. The University may destroy or otherwise dispose of any removed bicycle. Any owner wishing to reclaim a removed bicycle from the University shall produce evidence of ownership. The University may charge fines for reclaiming removed bicycles. Payment of fines shall be the responsibility of the bicycle's owner, and not be subject to appeal.

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