"Syracuse University Staff Employee Handbook"
Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 1 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Dear Fellow University Staff Member: Welcome to Syracuse University! SU is an exciting place to work and I trust you will ﬁnd that being a part of the University community is most satisfying. As an SU employee, you impact the experience of thousands of students who are pursuing their dreams for the future. You not only provide direct and indirect services that keep the University running smoothly, but you also serve as a role model for our students. In both these roles you are extremely important to the University. As an SU employee you also have an opportunity to pursue your own dreams, developing your skills and abilities through the many learning opportunities that will be open to you, perhaps discovering a new and exciting career path for yourself along the way. I hope you will take ad- vantage of the many resources that are available to you for personal and professional growth. This Staff Employee Handbook is intended to acquaint you with some of the University’s key employment policies. Within these pages you will ﬁnd information on important beneﬁts you should be aware of and the policies that help ensure a diverse and respectful work environment. The more you know about the University, and your rights and responsibilities within its community, the more you will enjoy your work and be a valuable con- tributor. Putting forth your best effort not only forwards your own career aspirations and helps you reach your potential, but it also beneﬁts the University and those who work alongside you. We hope you ﬁnd our vibrant community a welcoming place to engage your professional pursuits. Neil B. Strodel Associate Vice President - Chief Human Resources Ofﬁcer 2 Syracuse University Staff Employee Handbook April 2008 Table of Contents Revised February 2010 Syracuse University Motto................................................................................... 4 Employee Category Definitions............................................................................ 4 Workplace Guidelines Benefits Eligibility Policy...................................................................................... 5 Staff Employee Workplace Standard................................................................... 5 Employee Anti-Drug and Alcohol Abuse Policy.................................................... 7 Conflict of Interest and Commitment.................................................................. 9 No Solicitation of or Distribution to Employees.................................................. 9 Smoke-Free Workplace Policy.................................................................... .......... 11 Overtime and Paid Time Off Wage and Salary, Overtime and Fair Labor Standards........................................ 11 Vacation............................................................................................................... 12 Floating Holidays................................................................................................. 13 Paid Time Off, General Provisions....................................................................... 13 Personal Business Days for Benefits Eligible Non-exempt Staff Employees....... 13 University and Bonus Holidays............................................................................ 13 Winter Break Reduced Hours............................................................................... 13 Extended Absence From Work Sick Time for Immediate Family Illness - Exempt Staff....................................... 14 Sick Time for Personal or Immediate Family Illness - Non-Exempt Staff............. 14 Court and Jury Duty Leave.................................................................................. 15 Funeral/Bereavement Leave................................................................................ 15 Expanded Funeral/Bereavement Leave in Times of War/National Emergencies.. 15 Volunteer Emergency Service Activities Leave.................................................... 15 Expanded Leave for Public Service Activities in Times of War/National Emergencies.................................................... 15 Salary Continuation for Qualifying Short-Term Disabilities, Maternity Leaves, and Long-Term Disabilities....................................................................... 16 New York State Disability Benefits and the Syracuse University Disability Benefits Plan............................................................................ 17 Family and Medical Leave Act (FMLA)................................................................. 18 Military Leave...................................................................................................... 19 Personal and Educational Leave.......................................................................... 20 New York State Workers’ Compensation.............................................................. 21 Non-Discrimination/Problem Resolution Equal Employment Opportunity and Affirmative Action...................................... 21 Non-Discrimination in Employment on the Basis of Disability............................. 21 Non-Discrimination and Anti-Harassment in Employment.................................. 22 Sexual Harassment Prevention Policy.................................................................. 23 Staff Complaint Policy Statement........................................................................ 26 Staff Employee Disciplinary Policy....................................................................... 28 Termination and Severance Policy....................................................................... 29 3 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Introduction Syracuse University Motto We are pleased to provide this overview of topics The Syracuse University motto appears in latin on that are important to you as an SU staff member. the University seal: “Knowledge crowns those who seek her.” The policies printed herein were current as of the date of publication. The most complete and updated Employee Category Definitions University policies can be found online at the Syra- cuse University Policy web site at http://supolicies.syr. SU has several categories of employees for which edu. Procedures and contact information for Human rights and responsibilities may vary. While certain Resources (HR) policies are available on the HR web policies apply to all employees (e.g. Anti-Drug and site http://humanresources.syr.edu. While there are Alcohol Abuse Policy, Sexual Harassment Prevention many policies that overlap the various categories of Policy, among others), most faculty policies can be employees at SU, policies that relate strictly to faculty found in the Faculty Manual and bargaining unit staff can be found in the online Faculty Manual at http:// employee policies can be found in the current con- supolicies.syr.edu/fac_teach/manual.htm, and poli- tract agreements. As you read through the handbook, cies that relate strictly to bargaining unit staff can be or consult the online Policy web site, these deﬁnitions found in the current union contracts. In the event of a will help you to understand policy applicability. conﬂict between the policies in this handbook and the online policy site, the online policy site controls; with “Employee” means an individual who (1) receives an employee beneﬁt description in this handbook (or compensation through the University’s Syracuse, New the online policy site) and an employee beneﬁt plan, York, payroll system; and (2) is classiﬁed as an em- the beneﬁt plan controls. ployee of the University in the records of the Universi- ty’s Ofﬁce of Human Resources. The term “Employee” If you are in doubt as to how any of the policies apply excludes, among other individuals, University gradu- to you or have questions or concerns not addressed ate assistants and University recipients of graduate in this handbook, an HR representative is available fellowships. to assist you. HR is also your resource for information concerning compensation, beneﬁts, orientation, staff “Staff Employee” means an employee of Syracuse development, diversity, work/life programs, work-re- University (“University”) who is receiving compen- lated problems, and other personnel issues. sation through the University’s Syracuse, New York, payroll system, and who (1) is not a member of the This handbook does not constitute or imply a contract University’s faculty, and (2) is not represented for col- of employment, nor an agreement for continued em- lective bargaining purposes by a labor union. The ployment. Each staff member is an “employee at-will” term “Staff Employee” excludes, among other indi- and has the right to end his or her employment with viduals, University undergraduate students, graduate the University at any time, for any reason, and the assistants, and recipients of graduate fellowships. University reserves this same right. The University’s Ofﬁce of Human Resources (“Ofﬁce of Human Resources”) has the discretionary authority In addition, the University reserves the right to ex- to interpret any term used in this deﬁnition, and any ercise judgment in establishing and administering such interpretation will be ﬁnal and binding on all policies, and retains the discretion to construe any individuals. ambiguous or disputed provision. The University also reserves the right to modify, revoke, suspend, termi- “Beneﬁts Eligible Staff Employee” means a Staff Em- nate, or change any and all policies and procedures, ployee who is receiving compensation through the in whole or in part, at any time and from time to time, University’s Syracuse, New York, payroll system, and without notice. who (1) is regularly scheduled to work either at least 4 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 37.5 hours per week for at least 8.5 months during assigned job duties. While on the job, staff employees the University’s academic year, or at least 20 hours are expected to use their time at work and Syracuse per week for 12 months during the University’s ﬁs- University resources for the purpose of performing cal year, and who with respect to either schedule is job duties. Every staff employee, regardless of the classiﬁed as a “Regular” employee in the records of position held, has general responsibilities to Syracuse the Ofﬁce of Human Resources; (2) would have been University and its community. These responsibilities in- covered by the preceding item (1), but for the fact clude, but are not limited to: the employee is on a leave of absence with beneﬁts 1. Maintaining high standards of quality and or a layoff with beneﬁts that has been approved by productivity; the University, and provided that the employee is also 2. Cooperating with and respecting other mem- classiﬁed as eligible for beneﬁts in the records of the bers of the Syracuse University community (includ- Ofﬁce of Human Resources; or (3) has otherwise been ing, but not limited to, supervisors, co-workers, classiﬁed as eligible for beneﬁts in the records of the faculty and students) and their property; Ofﬁce of Human Resources. 3. Demonstrating integrity, keeping in mind that each staff employee is both an internal and ex- “Bargaining Unit Staff Employee” means a staff em- ternal representative of Syracuse University; ployee of Syracuse University (“University”) who is 4. Complying with all rules, regulations, policies receiving compensation through the University’s Syr- and procedures of the University (these include, acuse, New York, payroll system and who is repre- but are not limited to, the requirements speciﬁed sented by a labor union for purposes of collective in the Syracuse University Code of Ethical Conduct, bargaining within the meaning of the National Labor Staff Employee Handbook, Syracuse University Relations Act. Policies, and the applicable privacy, safety, and health rules, regulations, and policies); “Faculty Employee” means an employee of the Uni- 5. Maintaining regular attendance; versity who is receiving compensation through the 6. Properly caring for and maintaining Syracuse University’s Syracuse, New York, payroll system, and University equipment and property. who: (1) has an academic rank at the University of professor, associate professor, assistant professor, in- Benefits Eligibility Policy structor, or lecturer; (2) has been duly appointed by a dean or a director of an academic unit; and (3) The following policy describes the general eligibility has instruction and/or scholarly activity as his or her requirements that employees must satisfy in order to primary duties. participate in the Syracuse University beneﬁt plans, subject to special eligibility provisions that exist in “Bargaining Unit Faculty Employee” means a part- certain of those plans. Among the plans that have time non-tenure track faculty employee of the Uni- special eligibility requirements are the Dependent versity who is: (1) receiving compensation through Tuition, TIAA-CREF, and Disability plans. Further the University’s Syracuse, New York, payroll system; information about the special eligibility requirements (2) teaching fewer than twenty-four (24) credit hours that exist in certain of the University’s beneﬁt plans per academic year (excluding summer sessions); and is available from the Ofﬁce of Human Resources. (3) represented by Adjuncts United/NYSUT for pur- poses of collective bargaining within the meaning of “Beneﬁts Eligible Employees” of the University who the National Labor Relations Act. are receiving compensation through the University’s Syracuse, New York payroll system generally will Staff Employee Workplace Standard be eligible to participate in the Syracuse Univer- sity beneﬁts plans (subject to the special eligibility Each Syracuse University staff employee is expected requirements that may apply with respect to certain to consistently put forth his or her best efforts toward of those plans). Employees represented for collec- 5 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 tive bargaining purposes by a labor union will only eligible for beneﬁts in the records of the Ofﬁce of be covered by a plan to the extent plan beneﬁts Human Resources. have been agreed to by the applicable union and employer. The following individuals may be eligible for beneﬁts under certain of the Syracuse University beneﬁts “Beneﬁts Eligible Employee” means an individual plans due to their relationship to a Beneﬁts Eligible who satisﬁes the requirements of one of the classiﬁ- Employee. cations set forth below: A. Your spouse or your same-sex domestic partner. A. “Regular Faculty Employee” who is a member Spouse means the person to whom you are married of the faculty of the University, and who: (1) has within the meaning of the laws of the jurisdiction of a full-time tenured or tenure-track appointment or your domicile, provided that marriage is recognized otherwise has a single appointment to teach at least as valid under the laws of the United States. Same- ﬁve three-credit hour courses (or the equivalent) in sex domestic partner means a person who: a single University academic unit for two or more i. is of the same sex as you; consecutive academic years (excluding summer ses- ii. has provided the University with a signed af- sions), and who is classiﬁed as a “Regular” employee ﬁrmation, in a form acceptable to the University, in the records of the Ofﬁce of Human Resources; (2) that conﬁrms an existing and established relation- would have been covered by the preceding item (1), ship of intended future duration that involves eco- but for the fact that the employee is on a leave of nomic interdependency; absence with beneﬁts or a layoff with beneﬁts that iii. has provided the University with documenta- has been approved by the University, and provided tion of cohabitation, ﬁnancial interdependence, that the employee also is classiﬁed as eligible for and/or tax-dependency status, in such manner as beneﬁts in the Ofﬁce of Human Resources; (3) is a is acceptable to the University; and participant in the University’s Tenured Faculty Vol- iv. has registered as your same-sex domestic untary Phased Retirement Program, and who, with partner if living in a city or county providing for respect to SUBlue, SUOrange, SUPro and prescrip- registration of same-sex domestic partners, and tion drug beneﬁts, is not a “highly compensated has provided the University with a copy of the individual;” or (4) has otherwise been classiﬁed as appropriate certiﬁcate. eligible for beneﬁts in the records of the Ofﬁce of Beneﬁts for eligible same-sex domestic partners Human Resources; or could, in certain circumstances, be taxable. B. “Regular Staff Employee” who is an employee of B. Your unmarried eligible dependents to their 19th the University and is not a member of the Universi- birthday. Eligible dependents mean: ty’s faculty, and who: (1) is regularly scheduled to i. your biological children; work either at least 37.5 hours per week for at least ii. children of your spouse or eligible same-sex 8.5 months during the University’s academic year, domestic partner; or at least 20 hours per week for 12 months during iii. children for whom you have legal custody, or the University’s ﬁscal year, and who with respect to for whom you have been appointed legal guard- either schedule is classiﬁed as a “Regular” employee ian; and in the records of the Ofﬁce of Human Resources; (2) iv. your adopted children and children who have would have been covered by the preceding item been placed with you for adoption; provided that (1), but for the fact the employee is on a leave of you certify (in a manner acceptable to the Uni- absence with beneﬁts or a layoff with beneﬁts that versity) that they qualify as your dependents for has been approved by the University, and pro- federal income tax dependency exemption pur- vided that the employee is also classiﬁed as eligible poses, and that you provide the University with for beneﬁts in the records of the Ofﬁce of Human any information and/or documentation regarding Resources; or (3) has otherwise been classiﬁed as such fact as the University may, in its sole discre- 6 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 tion, request. Beneﬁts for the children of eligible or because of physical disability. The condition must same-sex domestic partners could, in certain cir- have occurred: before the dependent was no longer cumstances, be taxable. eligible for coverage under the applicable Universi- ty beneﬁt plan; before the dependent reached age C. Your unmarried eligible dependents to their 25th 19; or before the dependent reached age 25, if a birthday, if they are full-time students. An eligible full-time student. dependent is a full-time student if the dependent is: registered at, and attending, what the University In addition to the special eligibility requirements that determines is an accredited institution of learning. An apply to the Dependent Tuition, TIAA-CREF, and Dis- accredited institution of learning is: ability plans that are mentioned in the ﬁrst para- i. an institution that offers courses of study lead- graph of this policy, other plans that have special ing to a high school diploma, associate, bachelor eligibility provisions include the Life Insurance and or graduate degree; or Accidental Death and Dismemberment, Dental, Caf- ii. an institution that provides programs for career eteria, Severance Pay, Adoption Assistance, Group training and, upon completion of study, credentials Long-Term Care, and Voluntary Group Long Term the full-time student through licensing, certiﬁcation Disability plans. Special beneﬁt eligibility require- or diploma. Such an institution of learning may ments also exist for retirees, graduate assistants, and include a business, vocational, technical, trade, or fellows. A copy of the special eligibility requirements mechanical school. It does not include an on-the- that apply with respect to a particular beneﬁt can job training course or a correspondence school. be obtained from the Ofﬁce of Human Resources. An eligible full-time student will continue to be If there is any inconsistency between this policy (or covered during the period of time an accredited any policy referred to in this policy) and the terms institution of learning recognizes as the recess period of the applicable University employee beneﬁts plan, between semesters, provided the full-time student is policy, or program, the terms of that applicable enrolled for the next academic session. An eligible plan, policy, or program will control. As is the case full-time student will also continue to be covered with all of the University’s employee beneﬁt plans, during an institution’s recognized legal holidays and policies, and programs, the University reserves the vacation periods. right to modify or terminate those plans, policies and programs from time to time. An eligible full-time student who is covered and who takes a leave of absence from an accredited institu- Employee Anti-Drug and Alcohol Abuse tion of learning due to an illness will continue to be Policy covered for up to twelve months from the date of the leave of absence. However, in no event will an Syracuse University prohibits: eligible child be covered beyond the age at which 1. The unlawful manufacture, distribution, sale, coverage of children who are enrolled as full-time purchase, possession, or use of any drugs or con- students terminates. The medical necessity of a child’s trolled substances by its employees on its owned, leave of absence must be certiﬁed by the child’s at- operated, or controlled property or any other lo- tending physician and written documentation of the cation. illness must be submitted to the University. 2. Possession of drug paraphernalia. 3. The unlawful service, distribution, sale, posses- D. Your unmarried eligible dependents who are un- sion, consumption, or other unlawful use of alco- able to work or support themselves. Your dependent holic beverages. must be incapable of working because of mental ill- 4. Unlawful behaviors involving alcohol, drugs or ness, developmental disability or mental retardation, controlled substances including, but not limited to, all as deﬁned in the New York Mental Hygiene Law, underage drinking; public intoxication which im- 7 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 pacts the University; driving under the inﬂuence of Drug-Free Workplace Act of 1988 alcohol or drugs; and manufacturing, distributing, Because Syracuse University is a federal grant re- and using false identiﬁcation. cipient and/or a federal contractor within the mean- 5. Purchase and distribution of medication, in- ing of the Drug-Free Workplace Act of 1988, it is cluding but not limited to over-the-counter pain required to take steps toward maintaining a drug- relievers contained in ﬁrst aid kits, except for au- free workplace. University policy is as follows: thorized University medical care units. 1. The University prohibits employees to engage in the unlawful manufacture, distribution, dispen- Any full-time, part-time, temporary or contracted sation, possession, or use of controlled substances employee who operates a Syracuse University in the workplace. Any employee engaged in such owned, leased or rented commercial motor vehicle prohibited conduct, or convicted of a crime involv- and who is required by law to have a commercial ing a workplace drug violation, will be subject to driver’s license (CDL) to perform his/her job duties discipline, up to and including discharge. The Uni- must comply with the Syracuse University Drug and versity will weigh all relevant facts and circum- Alcohol Testing Policy. The University’s drug and stances in reaching a decision to discipline. With- alcohol testing policy for CDL drivers complies with out regard to, and independent of its decision to the Federal Department of Transportation Employee impose discipline, the University retains the right Testing Act. to require that a covered employee who engages in prohibited conduct participate in, and success- Alcoholic beverages may be served on University fully complete, a drug abuse assistance or reha- owned, operated, or controlled property or at Uni- bilitation program. In addition, as a condition of versity-sponsored events only in speciﬁcally licensed continued employment under a federal contract locations and private University residential units of or federal grant, covered employees must re- persons of legal drinking age, provided the host port to the University Ofﬁce of Human Resources is present and follows University policy. University within ﬁve days of any criminal conviction for a funds may be used to purchase alcoholic beverages workplace drug violation. The term “conviction” where lawful and in accordance with other applica- means a ﬁnding of guilt (including a plea of nolo ble University policies. With the exception of events contendere) or imposition of sentence, or both, by held at the Carrier Dome, Syracuse Stage, Drumlins, any judicial body charged with responsibility to and the Inn Complete, etc., or as otherwise autho- determine violations of State or Federal criminal rized by University policy, all on-campus events held drug statutes. on University owned, operated, or controlled prop- 2. Nothing contained in this policy statement erty where alcoholic beverages are sold or served concerning employees will be construed to limit, must be catered by Campus Catering in accordance or in any way restrict, the University’s treatment with its Catering Alcohol Policy, or another licensed of drug-related incidents involving any of its em- University service provider. ployees. 3. The University will establish a drug-free Employees who violate this policy will be subject to awareness program to inform employees about appropriate disciplinary action, which may include the dangers of drug abuse in the workplace and counseling, mandatory participation in an appropri- to review the University’s commitment to mainte- ate rehabilitation program, a warning, placement on nance of a drug-free workplace within the mean- strict probation, unpaid suspension from employment, ing of the Act, as well as the penalties that may be termination of employment and/or referral to the imposed on employees for drug abuse violations. proper law enforcement authorities for prosecution. In addition, the drug-free awareness program will All disciplinary procedures and appeals presently apprise employees of the availability of drug and applicable to employees will continue to be avail- alcohol rehabilitation counseling through Syracuse able for violations of this policy. University’s Faculty and Staff Assistance Program, 8 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 and will review with covered employees relevant can enrich teaching, extend professional expertise, services available through the program. and contribute to the advancement of knowledge. 4. Employees will be provided with a copy of this In addition, it is recognized that Members may from policy statement and will be required to acknowl- time to time have ownership interests in, compensa- edge receipt of this policy in writing. tion arrangements with, or various other relation- In addition, the University maintains a policy on Al- ships involving, third parties with which the University cohol, Other Drugs and Tobacco. That policy, as may conducts business. be amended from time to time, and this policy shall govern conduct in the area of drugs and alcohol. While outside activities are generally encouraged The University’s policies meet the requirements of the and other relationships may be permitted, in some Drug-Free Schools and Communities Act, as amend- circumstances they can give rise to apparent con- ed. ﬂicts. These conﬂicts can exist when a Member has certain ﬁnancial or other interests or relationships No Solicitation of or Distribution to Em- or when there is a commitment of time or effort to ployees non-University activities that prohibits a Member from meeting his/her obligations to the University. Solicitation of employees or distribution of advertis- For the purposes of this policy “Conﬂict of Interest” ing materials, handbills, or printed or written litera- and “Conﬂict of Commitment” have been deﬁned as ture of any kind to employees on the premises of follows: Syracuse University by persons who are not Univer- a. Conﬂict of Interest occurs when a Member is sity employees is prohibited at any time. in a position to inﬂuence a decision on University policies, purchases, programs or decisions from Solicitation by one University employee of another which he/she or a close family member or oth- employee for any purpose is prohibited while either er associate might directly or indirectly receive employee is on his or her working time. (“Working a beneﬁt. Such beneﬁts can include, but are not time” does not include meal periods, authorized rest limited to, receipt of a ﬁnancial gain, gift, gratu- breaks or any period when employees are properly ity, favor, notoriety, or participation in nepotism not engaged in the performance of their work tasks.) or bribery. Distribution by University employees of advertising b. Conﬂict of Commitment arises when a Mem- materials, handbills or printed or written literature of ber’s involvement in outside activities substantially any kind to other employees during working time or interferes with his/her primary commitments to the in working areas is prohibited. University. Such interference can include, but is not limited to, performance of outside activities (i) Conflict of Interest and Commitment for during a Member’s work hours for the University, Staff and Faculty Not on Sponsored Pro- or (ii) other than during work hours to an extent that renders the Member incapable of satisfac- grams torily performing his/her responsibilities to the University. The mission of the University is to promote learning through teaching, research, scholarship, creative ac- Conﬂicts of Interest that relate to an investigator’s complishment, and service. As a natural outgrowth of ﬁnancial interests being affected by research, schol- the University’s mission, it may be appropriate and arhip, education or other externally funded activ- desirable that Members of the University (hereinaf- ity are covered under Section 3.08 of The Faculty ter deﬁned as faculty and salaried employees of the Manual. University) be professionally involved in outside ac- tivities such as lecturing at other institutions, practic- Conﬂicts of Interest or Commitment may occur even ing their profession, consulting and serving in profes- though a Member’s outside activities involve com- sional and community organizations. Such activities 9 paratively little time. Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 If a Member engages, or proposes to engage, in any with the mission of the University, but may prohibit activity which involves any actual, potential, or ap- a conﬂict in its entirety if they determine that such parent Conﬂict of Interest or Conﬂict of Commitment, resolution is not possible. Any appeal of a University the activity and the conﬂict(s) must be promptly dis- Administrator’s decision can be made through the closed in writing to the University Administrator (i.e., appropriate supervisor, director, dean, department supervisor, director, dean, department chairperson, chairperson, vice president, senior vice president, or vice president, senior vice president, or vice chancel- vice chancellor, with ﬁnal appeal to the Chancellor. lor) having the most immediate supervisory relation- Any decision of a University Administrator must be in ship to the Member, before the Member engages writing, and it is the responsibility of the Member, as in or continues his/her engagement in the activities well as the University Administrator, as the case may which produce the conﬂict. be, to ensure that a written decision is provided. In addition, In addition to the disclosures required by this Policy a. Members of the Chancellor’s Cabinet shall and Policy 3.08 of The Faculty Manual, policies 3.02 complete and deliver to the Chancellor, on an an- through 3.04 of the Faculty Manual and the Outside nual basis and whenever prior responses have Professional Consulting by Non-Faculty Employees materially changed, a Conﬂicts Questionnaire in policy set forth additional requirements that must be the form prescribed by the Chancellor. fulﬁlled in connection with a Member’s outside pro- b. The following persons: (i) direct reports to fessional consulting activities. members of the Chancellor’s Cabinet, (ii) personnel assigned to the Central Purchasing Department, Failure of a Member to disclose and resolve or avoid Library, Food Services Department, Bookstore or an apparent Conﬂict of Interest or Conﬂict of Com- Publications Department, who are authorized to mitment in accordance with this Policy, or to comply make independent purchasing decisions on be- with the consulting policies referenced in the preced- half of the University (collectively, “Purchasing ing paragraph, may result in administrative actions Agents”), and (iii) those persons who directly or in accordance with University policies found in The indirectly supervise Purchasing Agents and who Faculty Manual and the Syracuse University policies are directly or indirectly supervised by direct re- web site, in addition to any legal penalties under ports to the Chancellor’s Cabinet, shall complete state and federal laws that may be appropriate. and deliver to the University’s Conﬂicts of Inter- Such administrative actions may include oral admon- est Coordinator, on an annual basis and when- ishment, written reprimand, reassignment, demotion, ever prior responses have materially changed, a suspension, or separation. Conﬂicts of Interest/Commitment Questionnaire in the form prescribed by the Chancellor, to his/her Members of the University are expected to use good designated Conﬂicts of Interest Coordinator for judgment, professional commitment, and highest stan- administrators and staff. The Conﬂicts of Inter- dards of ethics and integrity to protect themselves est Coordinator shall ensure that the appropriate and the University from conﬂicts. Any Member having University Administrators are informed of conﬂicts questions about policy or practice regarding Con- existing within their respective areas of responsi- ﬂicts of Interest or Conﬂicts of Commitment should bility. inquire with his/her supervisor, or vice president or the Conﬂicts of Interests Coordinator. All submitted Questionnaires shall be kept on ﬁle for such period of time as may be determined appro- This Policy may be amended from time to time pursu- priate by the Chancellor, or the Conﬂicts of Interest ant to the University’s policies and procedures in ef- Coordinator, as applicable. fect for amending documents setting forth University policy. University Administrators shall use their best ef- forts to resolve conﬂicts reported to them consistent 10 Syracuse University Staff Employee Handbook April 2008 Workplace Guidelines Revised February 2010 Overtime and Paid Time Off Smoke-Free Workplace Policy is paid at the overtime rate. Temporary staff em- ployees are also entitled to holiday pay if a holi- In compliance with the New York State Clean Indoor day falls on a regularly scheduled work day. Air Act, as amended, all indoor areas of the work- • A meal period of at least 30 minutes is re- place are smoke-free without exception. The purpose quired by NYS labor law for any employee after of the policy is to protect all employees and visitors 6 hours of work. from secondhand smoke, an established cause of • Staff members are allowed a paid work cancer and respiratory disease. break of up to 15 minutes in each half of the workday. This time is intended to attend to per- Smoking is not permitted anywhere in the indoor sonal needs including smoking breaks and cannot workplace, including without limitation, University- be accumulated or used for early dismissal. owned or hired vehicles, private enclosed ofﬁces, • Time spent traveling to or from an assign- conference and meeting rooms, cafeteria areas, ment is not compensable if it is performed out- lunchrooms and employee lounges. side of the time that an employee performs his principal activity. Out of town travel during the Compliance with the Smoke-Free Workplace Policy is regular workday is normally compensable. Out mandatory for all employees and persons visiting the of town travel overnight or over the weekend is University, with no exceptions. Employees who violate also compensable during the hours correspond- this policy are subject to disciplinary action. ing to the employee’s regular work day. However, you don’t need to pay employees for out of town Wage and Salary, Overtime and Fair Labor travel time outside their normal working hours if Standards they are merely a passenger in an airplane, train, boat, bus, or car driven by another person. Salaried Staff • Time spent putting on mandatory uniforms or Salaried staff are paid semi-monthly and are ex- protective clothing is part of a job, so that time is empt from the overtime provisions of the Fair Labor compensable. Standards Act. Under special circumstances supervi- • New York Labor Law requires that employ- sors and managers have the discretion to grant time ers grant most employees at least 24 consecutive off with pay (comp time) to exempt staff that have hours of rest in every calendar week. This covers worked substantial extra hours. For exempt employ- part-time employees, also. ees, comp time does not need to be taken during the • Temporary employees should not be assigned same work week. It may be taken at any later date. overtime before bargaining unit employees, ex- cept in cases of emergency or to ﬁnish a job. Hourly Staff • If employees are called back to work after Staff members who are paid “hourly” are non-ex- having punched out for the day, they are guaran- empt and therefore subject to the overtime provi- teed four hours of pay or four hours of work. This sions of the Fair Labor Standards Act (i.e., they are does not include reporting early for their shifts. If required to be paid time and one-half their regular employees are scheduled for overtime in advance rate of pay for all hours worked in excess of 40 (i.e., the day before), they will be guaranteed two hours in a week). hours of pay or two hours of work. In both cases, • For the purposes of computing overtime, in employees must actually report for the work. If addition to hours actually worked, all paid time the assignment is cancelled beforehand, there is off including vacation, holiday, personal business, no guarantee. If there is work available and the jury duty, etc., except sick time, is counted as time employee refuses, the guaranteed minimum is for- worked. feited. • Any work performed by an hourly (non-stu- • Compensatory Time (Comp Time) may also dent) employee on a regular University holiday be granted to non-exempt employees as a legal 11 Syracuse University Staff Employee Handbook April 2008 Overtime and Paid Time Off Revised February 2010 method of limiting or avoiding overtime payments 15th anniversary falls = 20 days by altering non-exempt staff work schedules. 16th anniversary falls = 21 days Hourly staff members are given time off (without 17th anniversary falls = 22 days pay) to compensate for time worked. For exam- 18th anniversary falls = 23 days ple, if a staff member comes in early, works late 19th anniversary falls = 24 days or works on a weekend, that staff member may 20th anniversary falls = 25 days be scheduled for correspondingly fewer hours 30th anniversary falls = 30 days during the remainder of the week to limit the total hours worked to 37.5 or 40. However, the comp The University’s ﬁscal year runs from July 1 through time must be scheduled and taken during the work June 30. week in which the extra hours were incurred; by the end of the work week (i.e., Wednesday at Beneﬁts eligible part-time staff employees are al- midnight) the staff member must be paid for all lotted vacation days in accordance with the above hours worked that week. Compensatory time may table, but the vacation pay is pro-rated based on not be accrued and taken in a subsequent week the percent of full-time effort. For example, a non- or weeks. exempt ﬁscal year beneﬁts eligible staff employee • For bargaining unit employees, the terms of with 1 to 5 years of service, working 20 hours per the current bargaining unit contract supersede this week would be eligible for 40 hours of vacation time policy. (10 days of vacation multiplied by the average ef- fort of 4 hours per day). A beneﬁts eligible staff em- Paid Time Off, Vacation ployee working full-time during the academic year is eligible for the noted number of vacation days The vacation entitlement schedule for beneﬁts eli- pro-rated by the proportion of time worked in the gible staff employees is based on years of service. ﬁscal year (8.5/12 = 70 percent) or 7 full days in the example of a beneﬁts eligible non-exempt staff Beneﬁts Eligible Exempt Staff Employees employee with 1 to 5 years of service; in this case, Annual Number of Vacation Days the vacation is used during the academic year. Upon reaching July 1 following the date of hire = 20 days Vacation time must be scheduled by mutual agree- ment of the beneﬁts eligible staff employee and Upon reaching the ﬁscal year in which the 20th an- his/her supervisor. A new allotment of vacation is niversary falls = 25 days awarded each July 1st and, as a general rule, must be used by the following June 30th. Unused vaca- Upon reaching the ﬁscal year in which the 30th an- tion at June 30th may not be reimbursed or carried niversary falls = 30 days forward to the next ﬁscal year. In rare special cir- cumstances, carryover of unused vacation may be al- Beneﬁts Eligible Non-Exempt Staff Employees lowed with the written consent of the dean, director, Annual Number of Vacation Days or department head and the associate vice president Upon reaching July 1 following the date of hire = - chief human resources ofﬁcer. 10 days The vacation entitlement schedule for bargaining unit Upon reaching the ﬁscal year in which the: staff employees is also based on years of service. 5th anniversary falls = 15 days Bargaining unit staff employees should consult the 11th anniversary falls = 16 days collective bargaining agreement for additional de- 12th anniversary falls = 17 days tails about this beneﬁt. 13th anniversary falls = 18 days 14th anniversary falls = 19 days 12 Syracuse University Staff Employee Handbook April 2008 Overtime and Paid Time Off Revised February 2010 Paid Time Off, University and Bonus Holi- cember 25 and New Year’s Day, the University’s days ofﬁce hours will be 9:30 a.m. to 4 p.m. • Despite the reduced schedule, eligible em- Beneﬁts eligible staff employees are eligible upon ployees will be considered to have worked a full employment for paid University holidays and bonus day and will receive their normal pay. holidays as identiﬁed in the Schedule of University • Full-time eligible employees whose normal Holidays, which is available in the Ofﬁce of Human work schedule is other than 8:30 a.m. to 5 p.m. Resources or on the Human Resources web site. Uni- should be given appropriate accommodation versity ofﬁces are ofﬁcially closed on these days. comparable to the reduced schedule. • Part-time eligible employees whose hours fall To qualify for holiday pay, eligible employees must within the 9:30 a.m. to 4 p.m. time frame (10 a.m. be actively employed on the workdays preceding to 2 p.m., for example) will work their normal and following the holiday. That is, they must either schedule, or their hours can be adjusted at the work or be on an excused leave (in accordance with discretion of their supervisors with no correspond- all University paid time off and paid leave policies) ing reduction in pay. both the day before and after the holiday in order • If it is not practical for an area/department to to receive holiday pay. accommodate the reduced schedule due to par- ticular work demands, eligible employees who Bargaining unit staff employees are eligible for are unable to participate should be given accom- holiday pay in accordance with the provisions of the modation in the form of comparable time off with collective bargaining agreement. pay later within the same ﬁscal year when the work load allows. Paid Time Off, Floating Holidays • Vacation or ﬂoating holidays taken during the winter break period (or the comparable time off period noted above) will be counted as full days Floating holidays were implemented as a supplement off and will not be pro-rated based on the winter to holiday and vacation time to provide additional break hours. ﬂexibility for observing faiths and traditions impor- tant to staff members. Paid Time Off, Personal Business Days for Upon employment and the beginning of each ﬁscal Benefits Eligible Non-exempt Staff Em- year thereafter, beneﬁts eligible staff employees ployees receive two paid ﬂoating holidays (pro-rated in the case of eligible part-time staff employees) that must At the beginning of each ﬁscal year, beneﬁts eli- be taken within the ﬁscal year or will be lost. gible non-exempt staff employees are credited with two paid personal business days (pro-rated in the Paid Time Off, Winter Break Reduced case of eligible part-time staff employees) that must Hours be used within the ﬁscal year or will be lost. Eligible staff employees hired on or after the beginning of During the period between December 25 and New the ﬁscal year will not be credited with personal Year’s Day, the University typically has two or three business days until the ﬁrst day of the next ﬁscal paid holidays for beneﬁts eligible staff employees year following their date of hire. and bargaining unit staff employees. Depending on when these holidays fall in a given year, there are Paid Time Off, General Provisions three or four scheduled days of work between them. During these scheduled workdays, the University will Eligible staff employees who are on leave when a operate on a reduced schedule. new ﬁscal year commences (i.e., on July 1) do not • During the scheduled workdays between De- 13 accrue any new annual entitlement to vacation, ﬂoat- Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Extended Absence From Work ing holidays and personal business days until they ment regardless of the reason for termination or who return from leave. Beneﬁts eligible staff employees initiates the termination. who separate from employment are entitled to be paid for unused vacation time only. Unused ﬂoating Eligible employees who have exhausted their full holidays or personal business time are not paid out annual allotment of paid sick days (i.e., six days or upon separation from employment regardless of the pro-rated portion for new hires and eligible part- reason for termination or who initiates the termina- time employees) may take additional sick days at tion. The University reserves the right to interpret a reduced rate, at approximately two-thirds full its paid time off policies and to amend, modify, or pay. These days may be used for personal or family terminate those policies at any time. illness/injury of a child, spouse/same-sex domestic partner, or parent. Leave, Sick Time for Personal or Immedi- See the New York State Disability Beneﬁts and the ate Family Illness - Non-Exempt Staff Syracuse University Disability Beneﬁts Plan for eli- gible non-exempt employee personal illness policies. Each ﬁscal year, all active beneﬁts eligible non-ex- Absences of more than three consecutive days due to empt staff employees are credited with six paid personal or family illness may be covered under the sick days (pro-rated in the case of eligible part-time Family and Medical Leave Act (FMLA), if eligible. staff employees) that may be taken during the ﬁscal year. These six days may be used for personal ill- All staff employees remain subject to University poli- ness, or to care for an ill/injured child, spouse/same- cies relating to time away from work and absentee- sex domestic partner, or parent. ism. The University has discretion to determine, based on individual circumstances and the needs of a par- Eligible employees hired on or after the beginning ticular work area, whether absences are excessive of the ﬁscal year will accrue one day of sick pay ev- and constitute abuse of University policies. Excessive ery three months for personal or family illness (pro- absenteeism and/or abuse of University policies may rated in the case of eligible part-time employees), result in discipline, up to and including discharge. The which may be taken by the end of the ﬁscal year. University reserves the right to interpret its sick time At the beginning of the next ﬁscal year, they will policies and to amend, modify, or terminate those be credited with six new sick days (pro-rated in the policies at any time. case of eligible part-time staff employees) that may be taken during that ﬁscal year. Eligible employees Leave, Sick Time for Immediate Family Ill- who are on leave when a new ﬁscal year commences ness - Exempt Staff (i.e., on July 1) do not accrue any new annual entitle- ment to sick time until they return from leave. Beneﬁts eligible exempt staff employees may charge time off to care for an ill/injured child, Eligible employees who do not use all of their al- spouse/same-sex domestic partner or parent to sick lowed sick days during a ﬁscal year will receive a time in the same manner as for personal illness, up to sick pay bonus in July of the next ﬁscal year. The sick ﬁve (5) consecutive days. pay bonus is one-half of the sick pay allowance that was unused. To be eligible for sick pay bonus, the See the Salary Continuation Plan for eligible em- individual must have been actively employed for the ployee personal illness policies. Absences of more entire ﬁscal year prior to the bonus pay date. For than three consecutive days due to personal or new hires where the hiring date was on or after the family illness may be covered under the Family and beginning of the ﬁscal year, no sick pay bonus will Medical Leave Act (FMLA), if eligible. See “Family be allowed for unused sick time that accrued through and Medical Leave” for information on FMLA poli- the ﬁrst June 30th of employment. Unused sick time cies. will not be paid out upon separation from employ- 14 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Extended Absence From Work All staff employees remain subject to University poli- Leave, Expanded Funeral/Bereavement in cies relating to time away from work and absentee- Times of War/National Emergencies ism. The University has discretion to determine, based on individual circumstances and the needs of a par- Beneﬁts eligible staff employees may request a be- ticular work area, whether absences are excessive reavement leave with pay for up to ten (10) work- and constitute abuse of University policies. Excessive days to assist in the grieving process for friends, col- absenteeism and/or abuse of University policies may leagues or family members lost as a result of United result in discipline, up to and including discharge. States participation in a declared war or in times of extreme national emergency when the Chancel- The University reserves the right to interpret its sick lor determines Expanded Bereavement Leave to be time policies and to amend, modify, or terminate justiﬁed. This ten-day leave includes the standard those policies at any time. funeral/bereavement leave of three (3) workdays for immediate family members. Eligible employees Leave, Court and Jury Duty may request unpaid leave in addition to the ten-day paid leave. All such requests will be considered on Leave for court appearances includes being sub- a case-by-case basis, contingent on the approval poenaed as a court witness or called for jury duty. of the employee’s supervisor. Eligible employees Beneﬁts eligible staff employees must notify their su- granted additional unpaid leave may, with supervi- pervisors as soon as they learn they must serve and sor approval, use accrued unused vacation time from will receive full pay when performing these services the current year to cover an extended absence. during work time. Staff employees who are notiﬁed of jury duty or subpoenaed as witnesses and sub- Leave, Volunteer Emergency Service Ac- sequently excused without serving should report to tivities work as scheduled. Staff employees who are called to jury duty or other court appearance and serve Volunteer Emergency Service leave with pay is pro- less than one-half day (i.e., four hours) should report vided for beneﬁts eligible staff employees engaged to work for the balance of their work schedule. in certain short-term activities such as emergency medical technician or ﬁre ﬁghting as a bona ﬁde Leave, Funeral/Bereavement member of a volunteer ﬁre department. Eligible em- ployees must make their supervisors aware of their Beneﬁts eligible staff employees are eligible for up commitment to this activity in advance, notify their to three (3) workdays of bereavement leave in the supervisors each time they are called to duty, and event of a death in the immediate family, deﬁned as submit to their supervisors proof of hours worked. a parent (including foster and step-parents), child, Bargaining unit staff employees are eligible for such spouse/same-sex domestic partner, brother, sister, leave in accordance with this policy and the provi- parent-in-law, son-in-law, daughter-in-law, brother- sions of the collective bargaining agreement. in-law, sister-in-law, domestic partner, step-child, foster child, grandparent, grandparent-in-law and Leave, Expanded for Public Service Activi- grandchild. Other relatives living in the eligible em- ties in Times of War/National Emergencies ployee’s household are also considered immediate family. Eligible employees must request leave by no- Beneﬁts eligible staff employees may request a tifying their supervisors prior to taking leave. Upon leave with pay to volunteer their services for ac- request, supervisors have the discretion to allow ad- tivities related to United States participation in a ditional time without pay, or eligible employees may declared war or in times of extreme national emer- apply unused current year vacation time to cover the gency when the Chancellor determines Expanded extended absence, with supervisor approval. Leave for Public Service to be justiﬁed. The request must be submitted to the eligible employee’s su- 15 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Extended Absence From Work pervisor and will be considered for up to ten (10) total disability must be provided by a licensed workdays in duration. Leave decisions will be made physician who is qualiﬁed to determine total dis- at the supervisor’s discretion based on the ability of ability, and must be given to the director before any the department to accommodate the absence. One Salary Continuation Plan payments will be made. If expanded public service leave will be granted per the requirements of the Salary Continuation Plan are eligible employee during the applicable period of satisﬁed, an exempt staff or faculty employee will war or national emergency and will be granted with be eligible for the following semimonthly payments: pay for no longer than ten (10) workdays. • for the ﬁrst 16 weeks of a qualifying total dis- ability, an amount that is equal to 100 percent of Eligible employees may request an extension of the current salary that would otherwise be paid to such a public service leave for up to an additional the eligible employee during that period; ten (10) workdays. This additional time can only be • for the next 10 weeks of a qualifying total taken by applying unused vacation time from the disability, an amount that is equal to 60 percent current year to cover the absence or may be taken of the current salary that would otherwise be paid without pay if the individual’s vacation accrual has to the eligible employee during that period (if the been exhausted. eligible employee wishes to receive salary con- tinuation payments after the 52nd week of total Bargaining unit staff employees are eligible for such disability, he or she must, by the end of the ﬁrst 26 leave in accordance with this policy and the provi- weeks of total disability, apply for Social Security sions of the collective bargaining agreement. disability beneﬁts from the Federal Social Secu- rity Administration); Salary Continuation for Qualifying Short- • for the next 26 weeks of a qualifying total Term Disabilities, Maternity Leaves, and disability, an amount that is equal to 50 percent Long-Term Disabilities of the current salary that would otherwise be paid to the eligible employee during that period; and The University’s Salary Continuation Plan (“Salary • after the 52nd week of a qualifying total Continuation Plan”) provides certain salary continu- disability, if the Social Security Administration ation beneﬁts for an eligible exempt staff or faculty has determined that the eligible employee is en- employee if the employee is absent from work due titled to Social Security disability beneﬁts and if to an injury or sickness that prevents the employee the eligible employee has completed at least 12 from performing any and every duty of the employ- months of active employment with the University, ee’s regular occupation, and if the other require- an amount that is equal to 50 percent of the cur- ments of the Salary Continuation Plan are satisﬁed. rent salary that would otherwise be paid to the Satisfaction of these requirements will allow such eligible employee during that period (if the eli- beneﬁts to be provided for qualifying short-term gible employee became totally disabled on or disabilities, maternity leaves, and long-term disabili- before the attainment of age 60, salary continu- ties. ation beneﬁts under the Plan generally would be paid until the eligible employee attained page The University’s director of Beneﬁts, Compensation 65, except to the extent the Salary Continuation and HR Services (“director”) is responsible for ad- Plan provides otherwise). ministering the Salary Continuation Plan. A claim for beneﬁts under the Salary Continuation Plan must be The Salary Continuation Plan beneﬁts described in writing on a form approved by the director and in the preceding paragraphs will be reduced by ﬁled with the University’s Human Resources ofﬁce certain amounts that the eligible employee (or his within 20 days from the date of an eligible employ- or her spouse or dependents) received or is entitled ee’s total disability, or as soon thereafter as reason- to receive for the same period, e.g., Social Security ably possible. Initial proof of an eligible employee’s disability beneﬁts, Workers’ Compensation beneﬁts, 16 Syracuse University Staff Employee Handbook April 2008 Extended Absence From Work Revised February 2010 and certain other payments speciﬁed in the Salary Salary Continuation Plan is paid by the University. A Continuation Plan. Current salary means, for pur- period of coverage under the Salary Continuation poses of the preceding paragraphs, a participant’s Plan generally will be counted against allowable base annual salary at the time the participant be- leave under the Family and Medical Leave Act. comes totally disabled, exclusive of overtime, over- load, bonuses, supplemental summer compensation, Any employee absent for six consecutive workdays or other extra or additional forms of compensation must submit a return to work form completed by the received (if a participant is on a University-ap- employee’s supervisor and the employee’s physician proved leave of absence with pay, his or her current to Human Resources when they return on or after the salary will be computed on the percentage being sixth day of absence. Restrictions recommended by paid). the physician may result in a mandatory return to work physical for the employee. If an eligible employee is a participant in the Univer- sity’s TIAA-CREF Noncontributory Retirement Plan at New York State Disability Benefits and the the time that he or she has a qualifying total disabil- Syracuse University Disability Benefits ity, the University will make contributions to that Plan Plan of 11 percent of the beneﬁts actually paid under the Salary Continuation Plan to the extent such contribu- Statutory disability beneﬁts provide a non-exempt tions are made in accordance with the requirements staff or bargaining unit staff employee, who has of the TIAA-CREF Noncontributory Retirement Plan satisﬁed the eligibility requirements of the New York and the Salary Continuation Plan. Premiums for State short term disability plan and the disability University medical, basic group-term life insurance, beneﬁt requirements of the Workers’ Compensation basic accidental death and dismemberment, and Law, with certain disability payments for a qualify- preventive dental coverage that an exempt staff or ing non-work related illness or injury. The eligible faculty employee is eligible for generally will be employee’s supervisor must notify Risk Manage- deducted from beneﬁts paid under the Salary Con- ment when the eligible employee is out of work for tinuation Plan during the ﬁrst 16 weeks of total dis- more than one continuous calendar week (normally ability (and will be waived in subsequent weeks of 5 working days). A notice and Proof of Claim For total disability), to the extent the requirements of the Disability Beneﬁts form (DB-450) will be provided Salary Continuation Plan and the other applicable to and must be completed by the eligible employee plans are satisﬁed. and his or her physician and return to Risk Manage- ment within 30 days from the ﬁrst day of disability During the ﬁrst twelve months of total disability, an (or as soon thereafter as reasonably possible). eligible employee will have to provide, at least once An eligible employee may also be eligible for sup- every four weeks, new correspondence from a quali- plemental beneﬁts under the University’s Disability ﬁed licensed physician verifying that the total dis- Beneﬁts Plan (“Disability Beneﬁts Plan”). The require- ability continues. The Salary Continuation Plan also ments of the Disability Beneﬁts Plan include, but are has several other requirements that must be satisﬁed not limited to, the employee having a hire date prior in order to receive beneﬁts, including special eligibil- to the beginning of the current ﬁscal year. ity requirements, a list of exclusions from coverage, limitations on how long beneﬁts will be paid, require- Any disability payments made pursuant to this policy ments regarding when survivor beneﬁts will be paid, will be made in accordance with the terms of the conditions that will result in a termination of cover- Disability Beneﬁts Plan, and the terms of that plan age, and special rules for a recurrent disability. will control if there is any inconsistency with this policy. Details of the Salary Continuation Plan are on ﬁle in the Human Resources ofﬁce. The entire cost of the A period of coverage under the New York State 17 Syracuse University Staff Employee Handbook April 2008 Extended Absence From Work Revised February 2010 short term disability plan and/or the Disability Ben- adequate notice has been provided. FMLA leaves eﬁts Plan generally will be counted against allow- are unpaid except to the extent expressly provided able leave under the Family Medical Leave Act. otherwise in this Policy. Any employee absent for six consecutive workdays Eligibility: must submit a return to work form completed by the Employees are eligible for FMLA leaves if they have employee’s supervisor and the employee’s physician been employed by the University for twelve months to Risk Management when they return on or after and have worked 1250 hours or more during the the sixth day of absence. Restrictions recommended twelve-month period immediately preceding the by the physician may result in a mandatory return to leave. work physical for the employee. Health Condition: The FMLA leave related to the serious health condi- Family and Medical Leave (FMLA), Compli- tion of an employee or a family member may be ance With scheduled on an intermittent or reduced schedule basis when medically necessary (e.g., to receive re- The University and its employees have all of the curring physical therapy or chemotherapy treatment). rights and responsibilities established by the Family However, an employee taking leave on an intermit- and Medical Leave Act (FMLA) to the extent pro- tent or reduced schedule basis may be temporarily vided by law. The FMLA provides that an eligible assigned to another position with equivalent pay and employee is entitled to a total of twelve workweeks beneﬁts that better accommodates the leave. of leave during a twelve-month period for one or more of the following reasons: In the case of leave related to the serious health • an employee’s own serious health condition condition of the employee or a family member, the that makes the employee unable to perform his employee must make a reasonable effort to sched- or her job (including absences covered by Work- ule planned medical treatments so as not to unduly ers’ Compensation, NYS Disability, and paid sick disrupt the operation of the University and, if pos- days); sible, must request a leave for planned medical • care of a spouse, child, or parent who has a treatments at least 30 days in advance, or as close serious health condition; and/or to 30 days as possible. Employees may be asked • care of a newborn child or a child placed with to provide medical certiﬁcation of the serious health the employee for adoption or foster care (within condition requiring the leave. twelve months of the birth or placement). When leave is taken because of the serious health The University uses a “rolling” twelve-month period condition of the employee or a family member, the measured backward from the date an employee employee must (except as may otherwise be re- requests FMLA leave to determine an employee’s quired by applicable law): leave entitlement. Employees who are granted FMLA 1. use as part of the leave any accrued sick time; leave will be returned to their previous position, and or to an equivalent position upon their return. The 2. use accrued vacation beneﬁt time to which the same group health beneﬁts will be provided dur- employee is otherwise entitled (i.e., use up allow- ing the leave that were provided before the leave; able paid and unpaid leave days concurrently). employees who are responsible for a portion of the required contributions must continue to make those Child Care: payments. If an employee’s portion of the required In the case of leave related to care of a newborn or contribution is more than 30 days late, coverage child placed with an employee for adoption or foster may be canceled if payment is not received after care, the employee must make the leave request at 18 Syracuse University Staff Employee Handbook April 2008 Extended Absence From Work Revised February 2010 least 30 days in advance, or as close to 30 days as program, eligible individuals participating in SU- possible. If both parents work at the University, they Orange may switch to SUBlue or SUPro, providing are entitled to a combined total of 12 weeks leave all applicable requirements of the plans are met. in the twelve-month period immediately following the • Basic Life Insurance ($10,000 for eligible birth or placement of the child. staff, $50,000 for eligible faculty) • Remitted Tuition and Dependent Tuition When leave is taken to care for a newborn or child • TIAA-CREF retirement. Upon an eligible em- placed with a staff employee for adoption or foster ployee’s reemployment, the University will make care, the staff employee must use any accrued paid up any missed contributions to the plan that would vacation beneﬁt time to which he or she is otherwise have been made had the employee not been on entitled as part of the leave, i.e., must use up allow- military leave. Further, upon reemployment, an able paid and unpaid leave days concurrently. eligible employee will be provided an opportu- nity to make up any elected deferrals missed as Leave, Military a result of military leave. Any eligible employee make-up contributions must be made, starting at Eligible employees ordered to report to, or who the date of reemployment, within a period con- volunteer for, active duty in the National Guard or sisting of three times the length of military leave, Reserves or Armed Forces will continue to accrue not to exceed ﬁve (5) years. service credit and, with certain exceptions, have • Vacation, Floating Holidays, and Personal guaranteed reinstatement to work in accordance Days. During military leave, eligible employees with the Uniformed Services Employment Reemploy- are entitled to use any vacation, ﬂoating holidays ment Rights Act (“USERRA”). In addition, beneﬁts or personal days accrued prior to the commence- eligible employees called to, or who volunteer for, ment of military leave in the same manner as such active duty will be entitled to be paid the difference days can be used by an eligible employee who is between their University pay and their military pay on a non-military leave. Paid time off will not con- for up to ten days, provided they have not already tinue to accrue during military leave of absence. used their ten day allotment for military service in The time spent on military leave will be counted the same ﬁscal year. towards the eligible employee’s length of service in calculating future paid time off, providing the Offers of employment may not be rescinded be- eligible employee returns to work in accordance cause of military obligation if the appointment has with USERRA provisions. already been offered and accepted. • In memoriam gift death beneﬁt • Adoption assistance Beneﬁts eligibility for those on military leave and • Faculty and Staff Assistance Program (FSAP) their dependents is as follows. • Day care referrals (through FSAP) • Credit Union services Continued beneﬁts (for such period as is speciﬁed by • Recreation Services (dependent ID card re- the Ofﬁce of Human Resources): quired) • Medical, Dental, Supplemental Life/Supple- • Athletic discounts mental Accidental Death and Dismemberment • SU Bookstore discounts (dependent ID card (AD&D) and MetLife Home and Auto Insurance required) coverages will be maintained, provided the eli- • Library access and borrowing privileges (de- gible employee continues to make premium pay- pendent ID card required) ments as if he or she were actively employed by the University and satisﬁes the other applicable Continued beneﬁts that are limited in scope: plan or policy provisions. As there are limitations • Salary Continuation (Disability beneﬁts) - Ex- in out-of-network coverage under the SUOrange empt Employees. Eligibility for coverage for an 19 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Extended Absence From Work eligible employee’s sickness or injury will be de- able to continue to submit claims under the health termined in the same manner as for an eligible and dependent care reimbursement plans while employee who is provided a non-military leave of on military leave to the same extent that an eli- absence under the plan. There is no coverage for gible employee who is on a non-military leave of disabilities resulting from an “act of war.” Please absence is permitted to do so under the plans. In see that plan for details. certain instances under the health care reimburse- • Disability Beneﬁts - Non-Exempt Employees. ment plan, claims may still be submitted up to the Eligibility for coverage for an eligible employee’s amount the eligible employee elected for the year sickness or injury will be determined in the same in which the military leave occurs, provided that manner as for an eligible employee who is pro- the eligible employee continues to pay, on a post- vided a non-military leave of absence under the tax basis, the amount that would have been with- plan. There is no coverage for injuries and sick- held pre-tax from his/her paycheck if the eligible ness resulting from an “act of war.” Beneﬁts are employee had been receiving compensation from payable under the University’s disability beneﬁts the University. Upon commencing military service plan for a maximum of twenty-six (26) weeks. leave, an eligible employee may change his/her Please see that plan for details. elections under the plans. However, a new election • Voluntary Group Long Term Disability In- may not be made while on leave. surance. Eligibility for coverage for an eligible • An employee’s right to receive University ben- employee’s sickness or injury will be determined eﬁts during a military leave will be subject to such in the same manner as for an eligible employee terms and conditions as are speciﬁed in the ap- who is provided a non-military leave of absence plicable University plan or policy. Call Human Re- under the plan provided the eligible employee sources for additional information. continues to make premium payments as if he or she were actively employed by the University and Leave, Personal and Educational satisﬁes the other applicable plan or policy provi- sions. There is no coverage for disabilities result- Staff employees with one year of continuous service ing from an “act of war.” Please see that plan for may request an unpaid leave of absence for up to details. one year. To the extent a request for leave without • Long Term Care Insurance. Coverage remains pay is approved, the approval is with the under- in effect in the same manner as for an eligible standing that the leave will protect prior continuous employee who is provided a non-military leave service in the event of a return to active service with of absence under the plan provided the eligible the University on or before the expiration date. A employee continues to make premium payments personal or educational leave without pay does as if he or she were actively employed by the not guarantee reinstatement in the staff employee’s University and satisﬁes the other applicable plan former position; however, the University will assist or policy provisions. There is no coverage for in- in determining whether there is an opening for a jury or disabilities resulting from an “act of war.” comparable University job. Unless otherwise allowed Please see that plan for details. by the terms of the applicable University employee • Basic Accidental Death and Dismemberment beneﬁt plan or policy or as otherwise required by ($3,000 for eligible employees). Coverage re- law, a staff employee will not be eligible for Univer- mains in effect in the same manner as for an eli- sity beneﬁts while on unpaid leave. Service credits gible employee who is on a non-military leave of for educational beneﬁts, holidays, vacation, pen- absence under the plan. There is no coverage for sion, and sick leave do not accrue during an unpaid claims resulting from an “act of war.” Please see leave. Failure to return immediately upon expiration that plan for details. of a personal or educational leave or acceptance • Pre-Tax Reimbursement Accounts for health of a job elsewhere during the leave is considered a or dependent care. An eligible employee will be voluntary termination of employment. 20 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Extended Absence From Work Non-Discrimination/Problem Resolution New York State Workers’ Compensation Human Rights Law, and other related statutes and regulations in carrying out this policy. In this regard An employee who sustains a work-related injury or the University will continue to strive to eliminate im- illness may be eligible for beneﬁts in accordance permissible discrimination in all its forms, intentional with New York State Workers’ Compensation Law. or inadvertent, with respect to all personnel deci- The employee must report the incident immediately sions, procedures, and actions, including compensa- to his or her supervisor. The employee and his or her tion, beneﬁts, transfers, layoffs, returns from layoff, supervisor must complete a Workers’ Compensation University sponsored training, educational, tuition Accident/Illness Report Form within 24 hours of the assistance, social and recreational programs. work-related injury or illness, and the supervisor must ﬁle the Form with Risk Management within the same This policy of Equal Employment Opportunity ap- 24 hour period. plies equally to all job categories and all levels of Any employee absent for six consecutive workdays appointments. must submit a return to work form completed by the employee’s supervisor and the employee’s physician Non-Discrimination in Employment on the to Risk Management when they return on or after Basis of Disability the sixth day of absence. Restrictions recommended by the physician may result in a mandatory return to Syracuse University does not discriminate against work physical for the employee. any employee or applicant for employment because of his or her physical or mental disability, as state Non-Discrimination, Equal Employment and federal law deﬁne those terms. The University Opportunity and Affirmative Action has a policy of employing, advancing in employ- ment, and otherwise treating qualiﬁed individuals In recognition of Syracuse University’s responsibil- with disabilities without discrimination based on their ity to conduct its personnel policies, practices, pro- physical or mental disabilities in all University em- cedures, and programs in a bias-free manner, it is ployment practices. It is the University’s policy that hereby reafﬁrmed that the policy of Syracuse Uni- all employment decisions should be based on valid versity is to recruit, employ, renew, retain, tenure and job requirements. promote employees on the basis of ability, potential, and valid qualiﬁcations without regard to race, color, The Ofﬁce of Human Resources is responsible for the creed, religion, sex, gender, national origin, citizen- implementation of The Americans with Disabilities ship, ethnicity, marital status, age, disability, sexual Act (“ADA”) (1990 federal law enacted, with imple- orientation, gender identity and gender expres- mentation by 1992); the Rehabilitation Act of 1973, sion, veteran status, or any other status protected Amended; and the New York Human Rights Law (en- by applicable law to the extent prohibited by law. acted 1945, with subsequent amendments including Furthermore, Syracuse University shall not discrimi- the Reasonable Accommodation amendment, Janu- nate against any disabled employee or applicant ary 1998) for Syracuse University job applicants in regard to any position for which the employee or and employees. The ADA, the Rehabilitation Act, applicant is otherwise qualiﬁed. Consistent with this and the New York Human Rights Law protect quali- declaration, Syracuse University will continue to be ﬁed individuals with disabilities from employment responsive to the Equal Employment Opportunity discrimination. Under these laws an individual with a and Afﬁrmative Action guidelines established un- disability is a person who has: der Federal Executive Order 11246, Sections 503 • A physical or mental impairment that substan- and 504 of the Rehabilitation Act, the Vietnam Era tially limits one or more life activities (e.g., walk- Veteran’s Readjustment Assistance Act, Title VII of the ing, seeing, speaking, hearing, breathing, learn- Civil Rights Act, the Age Discrimination in Employment ing, performing manual tasks, caring for oneself); Act, the Americans with Disabilities Act, the New York or 21 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution • A physical, mental or medical impairment re- and gender expression, veteran status, or any other sulting from anatomical, physiological, genetic or status protected by applicable law to the extent neurological conditions which prevents the exer- prohibited by law. The University prohibits any such cise of a normal bodily function or is demonstra- discrimination or harassment. ble by medically accepted clinical or laboratory diagnosis techniques; or Under this policy, harassment is verbal or physical • Has a record of such an impairment; or conduct, or written or electronic communications that • Is regarded as having such an impairment. denigrate or express hostility or aversion toward an individual because of his or her race, color, creed, The law and regulations deﬁne “qualiﬁed” as “a religion, gender, national origin, citizenship, ethnic- person who satisﬁes the requisite skill, experience, ity, marital status, age, disability, sexual orientation, education and other job-related requirements of gender identity and gender expression, veteran sta- the employment position such individual holds or tus or any other status protected by applicable law desires, and who, with or without reasonable accom- to the extent prohibited by law, and that: modation, can perform the essential functions of the • Has the purpose or effect of creating an intim- position.” idating, hostile or offensive work environment; or • Has the purpose or effect of unreasonably in- Reasonable Accommodation terfering with an individual’s work performance; The University makes reasonable accommodations to or the known physical and mental disabilities of oth- • Otherwise adversely affects an individual’s erwise qualiﬁed disabled individuals unless such an employment. accommodation would impose an undue hardship. A reasonable accommodation is a modiﬁcation or ad- Harassing conduct includes, but is not necessarily justment to a job, the work environment, or the way limited to: things usually are done that enables a qualiﬁed indi- • epithets, slurs or negative stereotyping. vidual with a disability to enjoy an equal employ- • threatening, intimidating or hostile acts. ment opportunity. An equal employment opportunity • denigrating jokes. means an opportunity to attain the same level of • written or graphic material that denigrates performance or to enjoy equal beneﬁts and privi- or shows hostility or aversion toward a group or leges of employment as are available to a similarly an individual believed to be part of a particular situated employee or applicant without a disability. group. The University also protects applicants and employ- • written or graphic material that is placed on ees from coercion, harassment, threats, intimidation walls or elsewhere on University premises, or is or discrimination for ﬁling a complaint or assisting circulated in the workplace. in an investigation. The University will adhere to all • using electronic equipment to distribute, view, applicable laws and standards governing disability or otherwise disseminate materials or messages discrimination and reasonable accommodations. that are abusive, profane, threatening, defama- tory or offensive. Non-Discrimination and Anti-Harassment • conditioning employment terms on submission in Employment to harassing conduct, sexual advances, requests for sexual favors, etc. Syracuse University has a policy of employing, advancing in employment, and otherwise treating In addition, no person will be subject to discipline, individuals without discrimination or harassment on retaliation, intimidation, or any other adverse treat- the basis of race, color, creed, religion, sex, gender, ment because he or she makes a complaint of national origin, citizenship, ethnicity, marital status, discrimination or harassment in good faith or has age, disability, sexual orientation, gender identity participated in the investigative process in any way. 22 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution Employees who believe that they are being discrimi- most central to the mission of this University. Avoiding nated against and/or harassed should promptly its occurrence is of the highest priority. report such harassment to any one of the following: • His or her immediate supervisor, the supervi- Legal Basis For Action sor’s supervisor, or a dean; The Equal Employment Opportunity Commission • Ofﬁce of Human Resources staff including: (EEOC), the Department of Education, Ofﬁce of Civil i. The Assistant Director of Employment Practices Rights (“OCR”), and the courts have interpreted the and Equal Employment Opportunity; federal civil rights laws (Title VII of the Civil Rights ii. The Recruitment and Diversity Specialist; Act and Title IX of the Higher Education Amend- iii. The Manager, Staff Relations and Recruit- ments) to prohibit sexual harassment in institutions ment; of higher education. New York State also prohibits iv. The Sexual Harassment Ofﬁcer; or sexual harassment through its Human Rights Law. v. Any other member of the Ofﬁce of Human Re- Both state and federal law treat sexual harassment sources. as a form of prohibited sex discrimination. Syracuse University is under an obligation to take effective Upon a report of discrimination and/or harassment, action to prevent and correct sexual harassment by the University will conduct a prompt and thorough or against members of the Syracuse University Com- investigation of the allegations. Upon completing munity. the investigation, the University will take appropri- ate corrective action consistent with the results of the Deﬁnition investigation. Disciplinary action, up to and including Based upon these laws, Syracuse University deﬁnes discharge, may be taken against employees who sexual harassment as unwelcome behavior of a violate this policy. sexual nature that relates to the gender or sexual identity of an individual and that has the purpose or This policy applies to all applicants, employees, and effect of creating an intimidating or hostile environ- outside vendors and consultants during the course ment for study, work, or social living. The policy cov- of business with the University. The University also ers activity both on campus and off. maintains a separate Sexual Harassment Prevention Policy, and a separate Non-discrimination in Employ- The courts have recognized two forms of sexual ha- ment on the Basis of Disability Policy. Policies related rassment claims under Title VII of the Civil Rights Act to prohibited behaviors apply in the workplace and of 1964: “quid pro quo” claims and “hostile environ- in any work-related setting outside the workplace, ment” claims. such as during work-related trips, work-related meetings and work-related social events. The “quid pro quo” claim (literally “this for that”) involves harassment in which a supervisory employee Sexual Harassment Prevention Policy or academic superior demands sexual favors in ex- change for job or academic beneﬁts over which that Syracuse University is committed to maintaining a supervisor has some control or inﬂuence. learning, research, living, and work environment free of sexual harassment. This policy statement express- The “hostile work environment” claim involves un- es that commitment in unequivocal terms, deﬁning welcome behavior of a sexual nature that creates prohibited conduct and offering a more integrated an intimidating, hostile environment. This standard approach to violations. The speciﬁcation of prohibi- prohibits not only behavior intended to create a tions, cautions, and remedies in this document, how- hostile environment, but also behavior that has the ever, should be read in light of the University’s basic reasonably foreseeable effect of interfering with commitment to preventing sexual harassment through an individual’s work, academic performance, or education. Sexual harassment corrodes the values social living. Anyone who contributes to the creation 23 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution of a “hostile work environment” may be held liable employees may experience harassment or a hostile for sexual harassment, including the employer or its environment due to race, religion, national origin, agents, if they knew of or reasonably should have age, disability, sex, marital status, sexual orientation, known of the harassing conditions. This policy ap- or conduct which is simply harassing or bullying. De- plies to all relationships between Syracuse University pending upon the circumstances, this type of conduct faculty, staff, graduate, undergraduate students, and can be as bad or worse than a hostile environment administrative personnel, including student-to-student caused by sexual harassment. Although such conduct interaction. State sexual abuse laws may also apply is not covered by the deﬁnition of sexual harassment in cases of unwanted touching or other activity or or this policy, it is still prohibited by other University actions. policies and, depending upon the conduct, may be prohibited by state and/or federal law. The Univer- Sexual harassment as a concept encompasses the sity has a number of problem referral procedures, full range of coercive, unwelcome behavior, from formal and informal, which may be used to address subtle psychological force, to gross physical abuse. non-sexually harassing conduct that nonetheless cre- These acts may be visual (such as leering, ogling, ates a hostile environment. Depending upon the na- and physical gestures conveying a sexual meaning), ture of the problem and the persons involved, these verbal (e.g., sexual innuendoes, suggestive remarks, procedures include: sexually derogatory jokes), written (e-mail, cartoons or letters), or physical (such as hugging, pinching or All members of the University community (staff, fac- fondling). Sexual harassment also includes requests ulty, students) may bring complaints of discrimination for sexual relations combined with threats of ad- or harassment to: verse consequences if the man or woman refuses. i. someone in a supervisory capacity such as What these behaviors have in common is that they Deans, Department Chairs, Administrators, Super- focus on men and women’s sexuality and/or gender, visors, etc.; rather than on their contributions as students or em- ii. the Ofﬁce of Human Resources, including the ployees in the University. Ofﬁce of Diversity and Resolution Process; and iii. the Afﬁrmative Action Grievance Committee. Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particu- Additional resources and information on how to ad- lar circumstances, including the nature, frequency, dress sexual harassment may be obtained from: intensity, location, context, and duration of the ques- i. Ofﬁce of Student Affairs (students only); tioned behavior. Although repeated incidents gener- ii. the Senate AFTPE Committee (faculty only); ally create a stronger claim of sexual harassment, and a serious incident, even if isolated, can be sufﬁcient. iii. the Ofﬁce of Human Resources, including the For example, a single suggestion that academic, oth- Ofﬁce of Diversity and Resolution Process (faculty er educational, or employment rewards or reprisals and staff). will follow the granting or refusal of sexual favors, may constitute sexual harassment and grounds for The University is committed to insuring that its em- action under this policy. ployees are permitted to work and its students are permitted to learn in environments that are free from Other Types of Harassment all types of inappropriate and harassing conduct There may be situations where employees or stu- that have the purpose or effect of preventing those dents believe that they are being subjected to a goals. work or educational environment that for one reason or another is hostile or inappropriate, but does not Scope of Policy meet the narrow deﬁnition of sexual harassment un- This policy applies to a broad range of behaviors by der the law and this policy. For example, students or members of the University community. It covers sexual 24 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution harassment that occurs by itself or is accompanied monitoring, where necessary. In the context of a com- by behavior that is otherwise discriminatory; it also plaint, there will be no presumption that the relation- provides an avenue of redress for those who suffer ship was welcome to the graduate student, or staff ill effects from harassment directed at others (third- member. Even where the faculty member in this type party harassment). Staff whose own performance of relationship is not teaching, advising, or supervis- was adversely affected by the sexual harassment of ing a student, the faculty member should be aware another staff member in their work area, for exam- of the constant possibility that he or she may unex- ple, might have a claim. pectedly be placed in a position of such responsibil- Consensual Relationships ity and should therefore report the relationship to Sexual relationships that might be acceptable in their department chair. other circumstances always pose inherent risks that they will result in sexual harassment when they occur Academic Freedom between any teacher, supervisor, or ofﬁcer of the Syracuse University strongly supports and protects University and any person for whom he or she has the principle of academic freedom. All faculty mem- a professional responsibility. These relationships are bers of the University community have a right to use fundamentally asymmetric and are known to lead the academic forum provided by the University to to some of the worst abuses of staff, graduate and discuss controversial subjects and to express ideas undergraduate students. Sexual relationships that with which some or most of the members of the com- occur outside the instructional context or work can munity strongly disagree. Sexual harassment is not also lead to difﬁculties. Administrators, supervisors, about voicing unpopular ideas. It is a form of intimi- faculty members, and graduate assistants of the Uni- dation that is unprofessional and that can silence versity thus need to hold themselves to a high profes- some members of the University community. As the sional standard and avoid sexual relationships with American Association of University Professors states the students and subordinates with whom they work, in its policy statement on sexual harassment: “In- recognizing that such relationships pose a profes- timidation and harassment are inconsistent with the sional conﬂict of interest that may make it difﬁcult, if maintenance of academic freedom on campus. This not impossible, to carry out their role as educators or statement is no less germane if one is being made supervisors. unwelcome because of sex, rather than unwelcome because of race, religion, politics, or professional The danger that sexual harassment will occur is interests.” (Academe, September-October 1990, pp. particularly strong in relationships between teachers 42-43.) and students they are teaching. The relationship puts the student in a vulnerable position and creates a Record Keeping and Conﬁdentiality problematic learning environment for other students The record-keeping procedures outlined here are who become aware of the relationship. Profession- designed to protect the conﬁdentiality of individuals alism within the University demands that those with to the maximum degree consistent with protection authority not abuse, nor seem to abuse, the power of the Syracuse University community against future with which they are entrusted. This policy thus prohib- sexual harassment. The Sexual Harassment Ofﬁcer its individuals employed by Syracuse University from will keep detailed records of complaints and re- pursuing sexual relationships with undergraduate sponses ﬁled, and of dispositions of contested cases students they teach. This policy strongly discourages in a locked ﬁle. This material is subject to disclosure faculty sexual relationships with graduate students only as required by applicable law. as well as relationships between a supervisor and a subordinate whose work that individual supervises. Policy Against Retaliation or Reprisals The policy requires reporting these relationships, Reprisals or retaliation against persons who initi- when they occur, to an appropriate supervisor who ate or support action against sexual harassment will then arrange for other forms of evaluations or are strictly forbidden and will be grounds for se- 25 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution vere disciplinary action. In an ongoing investigation, visors.1 All non-union employees functioning in a evidence of reprisals or retaliation may suggest supervised or supervisory capacity are subject to this that sexual harassment has occurred. The Sexual Staff Complaint Process. This includes staff, adminis- Harassment Ofﬁcer will advise respondents, hearing trators, and supervisors in their supervised or super- panels, and supervisory personnel about means of visory capacity. preventing the occurrence of retaliation or reprisals. Staff should have opportunity to express opinions, discuss complaints, and seek information on matters Limitations on Actions affecting their jobs. All levels of administration are Persons who remain in the University community may expected to listen to and counsel staff on any work- invoke this grievance procedure for incidents occur- related concerns raised. ring up to two years previously. If a person severs his or her relationship with the University (through The University encourages complaints to be worked graduation, change of job, etc.) that time frame is out between the involved parties as much as pos- shortened by the requirement that such persons initi- sible, but provides this Staff Complaint Process2 for ate these procedures within six months of the date of those situations where parties have been unable severance or two years from the occurrence, which- to reach resolution. This Staff Complaint Process ever is earlier. includes an informal procedure that attempts resolu- tion through mediation, and a formal procedure that While this policy applies to the University’s overseas reaches ﬁnal resolution by means of hearing panels programs and to internship and ﬁeldwork experi- made up of other staff and supervisors. There is also ences sponsored by the University, it is subject to an appeals procedure. adaptation as appropriate to these settings. No staff members shall be subjected to retaliation Role of the Sexual Harassment Ofﬁcer or adverse treatment for participating in this Staff This person is responsible for educating the Universi- Complaint Process. ty community about sexual harassment, implementing this policy, and eradicating sexual harassment. The The implementation of the informal and formal Ofﬁcer will provide assistance to persons who be- procedures contained in this Staff Complaint Process lieve they are victims of sexual harassment; conduct depends on participation by the supervised and investigations and take appropriate corrective action supervisory employees covered by this Process. Their in order to eliminate sexual harassment; train all rel- contributions to this Process are considered service evant personnel; supervise, implement, and monitor work to the University. All supervised and supervi- the procedures described here; maintain accurate, sory employees covered by this Process are encour- secure records. The Ofﬁcer shall cooperate with the aged to participate by contributing their paid time appropriate University Senate oversight committees. at the University to the implementation of this Process In all matters concerning faculty members, the ofﬁcer in roles such as mediators, advocates and hear- and the Chair of the Senate Committee on Academic ing panel members, deﬁned in Appendix I online at Freedom, Tenure, and Professional Ethics shall work http://supolicies.syr.edu/emp_ben/staff_complaint. in consultation with each other. The Ofﬁcer is ap- htm. Managers and Supervisors are encouraged to pointed by and reports to the Chancellor concerning support this service work by supporting those who sexual harassment matters. choose to participate. Staff Complaint Policy Statement 1 Faculty are included only when serving in a supervisory capac- This process is intended to resolve complaints aris- ity and a decision made impacts a staff member who makes a complaint (see Section III). ing between University employees and their super- 26 2 Some language in this policy was adapted and modiﬁed from a similar policy at the University of Vermont. Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution The following sections of this document describe President, Human Services & Government Relations. the policy purpose underlying the Staff Complaint The Diversity and Resolution Processes unit of Human Process, who may use this Process, matters covered Resources is responsible for the implementation of under this Process, and matters not covered under the Staff Complaint Process. this Process. Throughout this document, the employee who is bringing a complaint is referred to as the 1.5 The Staff Complaint Process is subject to change “Complainant,” and the person the Complainant is from time to time and will be subject to periodic complaining against is referred to as the “Respon- review and modiﬁcation. dent.” II. Who May Use This Process This process is intended to resolve complaints aris- I. Policy Statement ing between University employees and their su- 1.1 Syracuse University is committed to establish- pervisors.3 All non-union employees functioning in ing and maintaining harmonious working relation- a supervised or supervisory capacity are subject ships between supervisors and the employees whom to this Staff Complaint Process. This includes staff, they supervise. Toward that end, this procedure is administrators, and supervisors in their supervised or intended to ensure the prompt and impartial resolu- supervisory capacity. tion of disputes that have been addressed through supervisory channels but cannot be or have not been III. Matters Covered Under This Process satisfactorily resolved. This Process applies to complaints based upon ac- tions, events, circumstances, or conditions that ad- 1.2 A staff member may bring a support person to versely affect the welfare or terms and conditions of any or all of the meetings related to addressing a employment of a staff member or a group of staff work-place problem. The support person cannot be members, as speciﬁcally deﬁned below: an attorney. Staff Advocates (deﬁned in Appendix I online at http://supolicies.syr.edu/emp_ben/staff_ 3.1 Disciplinary actions, including documented verbal complaint.htm), who are trained in conﬂict resolution warnings, written warnings, suspensions and dismiss- techniques, are available as resources for Complain- als, in which the Complainant alleges that the Re- ants to provide support and guidance throughout the spondent acted inappropriately (e.g. disciplined too entire process. As another option, the Complainant severely; violated University policy in the disciplin- may choose his/her own support person instead of ary action) or that the Complainant alleges he or she a Staff Advocate. The Complainant and the Re- was not guilty of the offense of which accused. spondent may also seek process assistance from the Human Resources Ofﬁce. Contact the Staff Complaint 3.2 Alleged violation of a speciﬁc University rule, Coordinator for more information at 443-1914. policy or practice. 1.3 If the unresolved dispute involves disciplinary 3.3 Acts of retaliation or reprisal against Complain- action, the supervisor is not precluded from utilizing ant as a result of using this Process. the University’s discipline policy while waiting for the dispute to be resolved. Nothing in this procedure is 3.4 Acts of retaliation against witnesses or those giv- intended to limit the University’s right to manage and ing information during the complaint procedures or direct its work force and operations, including the other University proceeding. University’s right to adopt or alter any rule, policy or practice with advance notice. 3.5 Termination of employment of regular status employees. 1.4 Supervision of the Staff Complaint Process is the responsibility of the Associate Vice President, Human 3 Faculty are included only when serving in a supervisory capac- Resources with oversight responsibility by the Sr. Vice ity and a decision made impacts a staff member who makes a 27 complaint (see Section III). Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution 3.6 Employees who wish to challenge an action g. the installation or removal of equipment; or directive from supervision or management are h. creating, combining, splitting or abolishing required to ﬁrst carry out the directive and later jobs; challenge it through this resolution Process. i. changing the number of employees working in a classiﬁcation; IV. Matters Not Covered Under This Process j. scheduling the workforce; 4.1 Acts of sexual harassment and discrimination k. transferring employees; reassignment; on the basis of race, color, religion, age, disability, l. position classiﬁcation and salary decisions national origin, sex, or sexual orientation or other 4.6 Other decisions or actions which involve the se- bases prohibited by applicable New York state or lection of methods, means or personnel by which the federal law. University’s mission or activities are to be carried out unless the Complainant can prove preliminarily the 4.2 Issues related to performance evaluation, or let- action to be arbitrary and capricious. ters summarizing discussion or understanding unless the employee proves preliminarily the communication 4.7 Employee disagreements with other employees. to be arbitrary and capricious. The phrase “arbi- Complainant can call upon the appropriate re- trary and capricious” describes an action or decision sources, including the HR’s Diversity and Resolution that is made without cause or without consideration Processes unit, Faculty and Staff Assistance Program of an objective standard, and is therefore totally (FSAP), or PARC (Program for the Analysis & Resolu- subject to the whim or pleasure of the person or tion of Conﬂicts) in the Maxwell School (see Appen- party in power. dix II, Additional Problem Resolution Options online at http://supolicies.syr.edu/emp_ben/staff_com- 4.3 Evaluations and termination during a probation- plaint.htm). ary period. Associated Procedures 4.4 Contents of University policies, procedures, and The procedures associated with this policy can be rules. found online at http://supolicies.syr.edu/emp_ben/ staff_complaint.htm. 4.5 Certain managerial decisions or actions are ex- cluded from this Process unless the Complainant can Staff Employee Disciplinary Policy prove preliminarily the action to be arbitrary and capricious, including: The University follows a policy of progressive disci- a. termination, lay-off, demotion, suspension, re- pline that generally provides staff employees with duction in the workforce, job abolishment, or re- notice of performance and conduct issues, and an lease from the University as a result of a lack of opportunity to address those issues. In most instances, work or a declaration by the University of ﬁnan- progressive discipline will involve a multi-phase cial exigency; process entailing some or all of the following: (a) the b. termination of a restricted fund position due supervisor will discuss the problem or infraction with to cessation of funding; the staff employee; (b) if the situation remains uncor- c. the publishing of reasonable policies, rules or rected, a formal written warning may be given to the regulations; staff employee; (c) if the problem persists, further d. decisions concerning the planning, direction or disciplinary action, up to and including discharge, control of the University’s operations; may be taken. e. introduction of new or improved methods or facilities; In certain cases involving serious performance or mis- f. the introduction of technological improve- conduct issues, staff employees may be suspended or ments; discharged for a ﬁrst offense (e.g., violence, insubor- 28 Syracuse University Staff Employee Handbook April 2008 Revised February 2010 Non-Discrimination/Problem Resolution dination, theft, sexual harassment, etc.). Disciplinary ees who separate from the University voluntarily. action (including discharge) should only be taken af- Beneﬁts eligible staff employees who separate from ter consultation with the Ofﬁce of Human Resources. the University are entitled to receive pay for unused In special cases where immediate action is necessary, vacation time, if eligible, when their employment employment may be suspended by the supervisor ends. In unusual circumstances, pay may be given to pending a review by the Ofﬁce of Human Resources. a beneﬁts eligible staff employee in lieu of notice, subject to applicable withholdings and deductions for payroll tax purposes. No contributions to the Termination and Severance Policy University’s TIAA-CREF retirement plans will be made with respect to such payments. The University maintains standards of conduct, work rules, and performance expectations that apply to Any notice or pay provided pursuant to this policy staff employees. is not intended to duplicate any other notice or pay that the University provides to an employee as a The violation of certain standards may result in result of termination of employment. If an employee immediate suspension or dismissal. These include, is provided any other notice or pay as a result of but are not limited to: ﬁghting, refusing to perform a termination of employment (e.g., any separation a reasonable work assignment, reporting to work or termination notice or pay provided as a result of under the inﬂuence of alcohol or illegal drugs, theft a layoff or other termination of employment that is or misuse of University funds or property (including pursuant to a University-approved written arrange- computer data and software), unauthorized attempts ment or agreement that is separate from this policy), to access or copy computerized data or software, any notice or pay that the employee otherwise unlawful photocopying of copyrighted materials, would have been eligible for under this policy shall breach of software conﬁdentiality and ownership be reduced by the amount of such other University agreements, falsiﬁcation of University forms or docu- notice or pay provided. ments, gambling and engaging in conduct which threatens the safety of others. Staff employees terminated for cause are not eli- gible to receive notice or severance pay. Cause shall In cases where the University deems the situation be deﬁned as termination for misconduct or perfor- does not warrant immediate suspension or dismissal, mance reasons as determined by the University in its the University may utilize a variety of forms of sole discretion. The right of staff employees to re- progressive discipline to address conduct and per- ceive other beneﬁts upon termination of employment formance issues. Staff employees who fail to address (e.g., COBRA health continuation coverage) will be these issues after progressive discipline is imposed governed by the terms of the applicable employee may be terminated for cause. beneﬁt plans. In the case of separation where a beneﬁts eligible In all cases of termination, the supervisor must consult staff employee has been involuntarily terminated by with the Ofﬁce of Human Resources before taking the University without cause, including but not limited action to terminate. to layoff, position restructure, and position elimina- tion, one week notice is given to a beneﬁts eligible staff employee who has at least one month and up to three months of service, and two pay periods notice (two weeks for non-exempt; one month for ex- empt) is given to a beneﬁts eligible staff employee who has more than three months of service. This is also the minimum notice expected of staff employ- 29