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In order to maintain a high standard of academic
excellence, Lander University has adopted an Academic Honor Code for which both faculty and
students are responsible. The University affirms its trust in the ability of the faculty and
students to be self-disciplined, responsible, and honorable in the pursuit of academic goals.
Lander University subscribes to the 1987 American
Association of University Professors Statement on Professional Ethics. Part II of that Statement
says: "Professors make every reasonable effort to foster honest academic conduct and to ensure that
their evaluations of students reflect each student's true merit."
To uphold the Academic Honor Code the
faculty of Lander University is expected to:
a. Place in each syllabus a reference
to and discuss with students the Academic Honor Code of Lander University.
b. Exercise due caution in the
preparation, distribution, administration, and security of all exams to prevent any student from
gaining an improper advantage over his/her counterparts. Exercise due caution when making other
written assignments (e.g., term papers, lab reports, projects, etc.).
c. Initiate action against violators
of the Academic Honor Code as prescribed by the Code.
d. Be truthful in all discussions and
hearings related to any infractions of the Honor Code.
By electing to enroll at Lander University, the student
unconditionally agrees to uphold the Academic Honor Code. It is the responsibility of each
student:
a. To refrain from giving or
accepting unauthorized aid while undertaking any academic activity.
b. To submit each piece of academic
work only once during the student's entire enrollment at Lander unless written permission is
obtained from the teacher of the subsequent course to which the material will be submitted.
Academic work includes papers, articles, class journals, written or oral reports, computer or
science laboratory reports, works of art, and musical performances.
c. To refrain from falsifying data,
information, or citations in academic work being submitted as a requisite of a course.
d. To refrain from attempting to have
a grade changed on a returned exam by falsifying recorded answers.
e. To submit only his or her original
work. This prohibits copying, participating in unauthorized collaboration, and committing
plagiarism. Plagiarism is defined in the Lander University Student Handbook.
f. To refrain from giving exam
information to students who have yet to take that same exam.
g. To be truthful in all discussions
and hearings related to any infractions of the Honor Code.
h. To report to the instructor of the
course concerns about the integrity of academic activities, or infractions of the Code. The concern
or infraction can be reported to the instructor either verbally or in writing.
i. To hold in confidence any
privileged information obtained during the academic process.
j. To be knowledgeable about the
University's policies on "academic honesty" and "plagiarism," as these are described in the current
issue of the Student Handbook.
Faculty rights under the Academic
Honor Code include the right to:
a. Expect students to be accountable
for their own behavior, including their own learning.
b. Question any student behavior
which appears not to adhere to the statement of Student Responsibilities contained in the
Code.
c. Request a hearing, and present
evidence and witnesses to support the allegation of a violation of the Honor Code.
d. Be accompanied at the hearing by
an advisor from on campus. The advisor cannot be an attorney nor can he or she enter into
discussions (with anyone other than the faculty member) during the hearing.
Student rights under the Academic
Honor Code include the right to:
a. Expect faculty to conduct academic
activities in a timely, appropriate manner, and to be fair-minded and impartial.
b. Be presumed innocent until he or
she admits guilt or is proven guilty.
c. Have fair and impartial hearings,
including the right to present contradicting evidence, to be provided prior to the hearing a copy
of written evidence to be used during the hearing, to present witnesses, and to have access to an
advisor from on campus.
d. Be accompanied at the hearing by
an advisor from on campus. The advisor cannot be an attorney nor can he/she enter into discussions
(with anyone other than the student) during the hearing.
A faculty member who has reason to believe that a student
has violated the Academic Honor Code shall discuss the matter confidentially with the student(s).
If the student admits the infraction, the faculty member may elect one of the two following courses
of action:
a. Award the student a failing grade
or a grade lower than he/she would otherwise award for either the academic work in question or the
course. Copies of a written statement summarizing the infraction and the penalty, signed by both
the faculty member and the student, shall be provided to the professor, the student, and the
Academic Honor Code file in the office of the Vice President for Academic Affairs.
-or-
b. Request a hearing and
determination of the matter by the Honor Council.
If the student denies the infraction, the faculty member may
dismiss the matter without further action or refer the matter to the Honor Council. Upon referring
a matter to the Honor Council the faculty member agrees to abide by the decision of the Honor
Council.
A student or group of students encountering what is believed
to be an infraction of the Academic Honor Code by another student or group of students may report
the infraction to the instructor of record for the course and request that he or she take action by
carrying out the Initial Faculty Response to a Possible Violation.
A student or group of students encountering what is believed
to be an infraction of the Academic Honor Code by the instructor of a course may obtain a Referral
Form from the Office of the Registrar and follow the steps outlined on that form. Note that failure
to initiate action against violators of the Honor Code is an infraction (Faculty Responsibilities
item c).
Should an alleged violation of the Academic Honor Code be
referred to the Honor Council, the individual alleging a violation of the Honor Code shall file a
written report to the Vice President for Student Affairs within five (5) calendar days of
discovering the alleged infraction, or of discussing the matter with the accused, whichever is
longer. The report must include:
- the name(s) of the accused student(s)
- the specific Honor Code violation
- an explanation of the alleged infraction
- a copy of any written evidence
- the time, date, and place of the alleged infraction, if
appropriate
- the name(s) of any witness(es)
1. Within five (5) days of receiving
the report, the Vice President for Student Affairs or a designee must inform the student and the
Vice President for Academic Affairs by letter that the student is accused of a violation. The
letter shall contain the specific charges made against the student.
2. The student may, after
consultation with the Vice President for Student Affairs or designee and within five (5) days of
being notified of the charges, elect one of three courses of action:
a. The student may admit the alleged
violation, waive a hearing in writing, and request that the Honor Council determine appropriate
action.
b. The student may admit the alleged
violation in writing and request a hearing by the Honor Council.
c. The student may deny the alleged
violation in writing, in which case the Vice President for Student Affairs or designee shall
schedule a hearing before the Honor Council.
3. In all cases in which a hearing is
held, the Vice President for Student Affairs or designee shall notify the student and the accuser
in writing at least seventy-two (72) hours in advance of the date, time, and place of the
hearing.
1. The Chair of the Honor Council
shall conduct hearings as specified by the Rules Governing Honor Council Hearing.
2. The student and the accuser shall
be entitled to appear in person at the hearing to present testimony. It may not be possible to
secure the presence of all witnesses since the Honor Council has no power of subpoena.
3. The student may elect not to
appear before the Honor Council. The failure of a student to appear shall not be taken as
indicative of guilt and must be noted without prejudice.
4. Should the accused and/or the
accuser so desire, he/she may be accompanied at the hearing by an advisor from on campus. The
advisor shall not be an attorney and cannot enter into any discussions with anyone other than the
student.
5. The student and the accuser shall
be allowed to present oral and/or written testimony and/or witnesses in his/her behalf.
6. The accused and the accuser each
have the right to be present throughout the presentation of testimony.
7. Each side shall be given a chance
to present its position separately without interruption from the other side.
8. After presentation of both
positions, rebuttal and questions shall be allowed.
9. The decision of the Honor Council
shall be communicated in writing to the student, the accuser, and the Vice President for Academic
Affairs by the Vice President for Student Affairs within seventy-two (72) hours after the decision
and shall specify the action taken by the Honor Council. The Chair of the Honor Council shall
deliver a copy of the Council's findings to the Academic Vice President for inclusion in the
Academic Honor Code file.
10. Should the Honor Council find the
student guilty, it shall specify one or more of the penalties listed below:
a. A failing grade on the assignment or
test in question.
b. A failing grade in the course in
which the violation occurred.
c. Honor Code probation for a period of
time of not less than one full semester. Any violation of the Honor Code during the probation
period shall be grounds for suspension.
d. Suspension from Lander University for
a specified or an unspecified period of time.
e. Expulsion from Lander
University.
The Academic Vice President shall maintain the Academic
Honor Code file in his or her office. Within five (5) days of receiving official notice of a second
violation of the Honor Code by any student, the Academic Vice President shall officially warn the
student in writing that any future violation of the Honor Code will automatically lead to the
student's being required to appear before the Honor Council.
A faculty member may have access to a student's record in
the Academic Honor Code File when carrying out professional duties. None of the contents of the
File shall be removed from the office of the Vice President for Academic Affairs.
Within five (5) days of receiving official notice of a third
violation of the Honor Code by a student, the Vice President for Academic Affairs shall refer that
student to the Honor Council for a hearing. The purpose of the hearing shall be to determine what
further penalty, if any, shall be imposed by the Council on the student. The hearing shall take
place within five (5) days after the Vice President for Academic Affairs has notified the Council
chair of the need for the hearing. The Honor Council shall have access to the student's records in
the Honor Code file. The Honor Council may impose penalties of Honor Code probation, suspension
from Lander University for a specified or unspecified period, or expulsion from Lander University.
Such penalty or penalties may be imposed whether or not the student chooses to attend the
hearing.
Both the accused and the accuser shall be notified in
writing by the Vice President for Student Affairs of their right to appeal the outcome of Honor
Council hearings on substantive or procedural grounds. Should either party appeal, any action
specified by the Honor Council shall not be implemented pending resolution of the appeal. Requests
for appeal must be made in writing to the Vice President for Student Affairs within three (3)
calendar days of receipt of written notification of the decision. Appeals will be heard by the
Faculty Senate Grade and Judicial Appeals Committee of Lander University within fourteen (14)
calendar days after the Committee chair receives the appeal from the Vice President for Student
Affairs.
The Honor Council shall consist of eight (8) voting members
and the Vice President for Student Affairs as a non-voting member. A tie vote would be considered
as not guilty. The voting members shall consist of four (4) students and four (4) faculty members.
The Council chair shall be a voting faculty member and shall be elected by majority vote of the
Council.
The students shall be selected by a drawing of names from a
pool of fifteen (15) students who have been nominated to the Honor Council for a one year period by
no later than September 30. Each student nominated must be at least a sophomore and be in good
standing within the University. The names of Council student members will be drawn by the Vice
President for Student Affairs, who also will convene the Honor Council for its first meeting.
The faculty members and four (4) faculty alternates shall be
appointed by the President. Nominations shall be provided by the Faculty Senate at its first
meeting in August. Should a quorum of the Honor Council not be available for a hearing, the Vice
President for Student Affairs, with the approval of the President, may appoint ad-hoc members to
this Council to hear a case.
Should a member of the Honor Council be involved with a
specific case, that member will be recused from the Council when a hearing of that case is
conducted.
Lander University subscribes to the AAUP’s 1940 Statement on
Academic Freedom and Tenure. Thus:
a) Faculty are entitled to full
freedom in research and in the publication of the results, subject to the adequate performance of
their other academic duties. Research for pecuniary return is covered under Section IV.A.3
(Section IV, p. 2) of the
Faculty Handbook.
b) Faculty are entitled to
freedom in the classroom discussing their subject, but they should be careful not to introduce into
their teaching controversial matter which has no relation to their subject.
c) Lander University faculty are
citizens, members of a learned profession, and officers of Lander University. When they speak
or write as citizens, they are free from institutional censorship or discipline, but their special
position in the community imposes special obligations. As scholars and educational officers,
they should remember that the public may judge their profession and Lander University by their
utterances. Hence they should at all times be accurate, should exercise appropriate restraint,
should show respect for the opinions of others, and should make every effort to indicate that they
are not speaking for Lander University.
The University is obliged to ensure that all research
conducted by or under the direction of persons who are employed by or serving as agents for Lander
University or by persons using University property, facilities, or information complies with
federal, state, and local laws and regulations. In particular, the University must ensure that
research conducted on human subjects complies with regulations promulgated by the U.S. Department
of Health and Human Services and that research conducted on warm-blooded vertebrates (other than
and in addition to humans) complies with the U.S. Public Health Services Policy on Humane Care and
Use of Laboratory Animals.
Lander University requires that research on human subjects
be conducted so as to protect the rights of self determination, privacy, anonymity and
confidentiality, fair treatment, and the right to protection from harm of unwarranted
discomfort. To that end, the University requires that any member of the University who is
planning to conduct research on human subjects submit a formal proposal to do so and, further, that
that proposal be reviewed by a designated official or committee of the University and be approved
prior to the research commencing.
Proposals for research on human subjects must address the
likelihood and extent of risk to those persons who participate as subjects. The University
recognizes five (5) categories of risk and will, upon full review and final approval, permit
research to be undertaken which entails risk in Categories 1, 2, and 3 (below):
Category 1 - Research involving NO RISK to human subjects.
The research is of such a nature as to entail neither
positive nor negative physiological or psychological effects on subjects. Examples of such
research include:
research conducted in conventional educational settings and
involving normal educational practices, such as research on instructional strategies or comparisons
among instructional techniques or curricula;
research in which educational tests, surveys, interviews, or
observations of public behavior are used, unless information obtained is recorded in such a manner
as to permit the identification of human subjects and/or the disclosure of subjects’ responses
outside the research could place subjects at risk of criminal or civil liability or damage the
subject’s financial standing, employability, or reputation;
research in which educational tests, surveys, interviews, or
observations of public behavior are used and the human subjects are elected or appointed public
officials or candidates for public office or in circumstances for which federal statues require
that the confidentiality of the information associated with a specific human subject be maintained
in perpetuity;
research in which existing data, documents, records, or
specimens are used and these data are publicly available or can be recorded in such a manner as to
eliminate the possibility of identifying individual subjects;
research and demonstrations which are undertaken by or are
subject to the approval of unit heads, and which are intended to study or evaluate (a) public
benefit of service programs, (b) procedures for obtaining benefits or services under those
programs, (c) possible changes in or alternatives to those programs or procedures, or (d)
possible changes in methods or levels of payment for benefits of services under those
programs.
Category 2 - Research involving MINIMAL RISK to human subjects.
This research will cause subjects to experience minimal and
temporary discomfort comparable to that which would be encountered in daily life. Examples of
this type of research include: the collection of hair and nail clippings, excreta and external
secretions; the recording of data from subjects 18 years of age or older using non-invasive
procedures; the collection of blood samples by venipuncture and from subjects 18 years of age or
older and in good health; voice recordings made for such purposes as the study of speech defects;
moderate exercise by healthy volunteers; the analysis of existing data, documents, records, or
specimens; the study of group or individual behavior where the investigator does not manipulate the
subject’s behavior and the research will involve minimal stress to subjects; and research on drugs
or devices for which an investigational new drug or device exemption is not required.
Category 3 - Research involving MODERATE TO SUBSTANTIAL RISK to human
subjects.
This type of research causes subjects to experience unusual
discomfort that would not ordinarily be experienced in daily life. The discomfort occurs
during and after the research and the discomfort is a direct result of the research. The
discomfort would be described by the subject as severe and long lasting. Examples of such
research include: studies involving surgical procedures or requiring that subjects recall an
unusually traumatic or painful experience and research involving vulnerable subjects such as
prisoners, children, or the mentally or physically disabled.
Categories 4 and 5
Research involving
RISK OF PERMANENT DAMAGE or
CERTAINTY OF PERMANENT DAMAGE
(Categories 4 and 5, respectively)
is not to be undertaken by Lander University faculty, students, or staff.
Proposals for research on human subjects must demonstrate
that prospective participants will be apprised fully and in advance of the nature of the research
in which they are being asked to participate as subjects. Prospective subjects are considered
to be autonomous agents and are assured that they may choose voluntarily to participate or not to
participate in research and, further, that they have the right to terminate participation in a
study at any time without penalty of any type.
Proposals for research on human subjects must include a
copy of the Informed Consent form to be used in the research. Such a form must be worded at a
level of understanding appropriate to the prospective subject. Furthermore, the form may not
include a statement or statements which waive or which appear to waive a prospective subject’s
legal rights, including release of the University or its agents from liability for
negligence. An Informed Consent form must contain the following:
a. the heading
Informed Consent Form;
b. an explanation of the
duration of the project, procedures to be followed and their purposes, including identification of
any procedures which are experimental;
c. evidence that the subject
will be able to exercise free power of choice to participate or not to participate as well as to
withdraw consent and to discontinue participation in research at any time without prejudice and
that no element of coercion or constraint will be used in obtaining consent to participate;
d. a description of any
attendant discomforts and risks that may be reasonably expected as a result of participation in the
research;
e. a description of any benefits
that may be reasonably expected to accrue from participation in the research;
f. a statement pertaining to the
security and, hence, the confidentiality of information associated with the research, especially as
it relates to specific individuals;
g. a statement on the
availability of compensation in the event of physical injury and how to obtain more
information;
h. an offer to answer any
inquiries concerning the research procedures, including a telephone number and address of a contact
person;
i. a place for the subject (or
guardian, in the case of minor) to sign and date the form.
Proposals for research on human subjects must be reviewed
and approved by the appropriate person(s) and/or committee(s), to include the
Unit Director (e.g., academic division chair or school dean, vice president), the
Unit Research Committee (composed of no fewer than three full-time University
employees who are assigned to and serve in the respective unit of the University (i.e., academic
division or school, office, service), the
Human Subjects Subcommittee (the composition of which is detailed below), and the
Ethics in Research Committee.
The Human Subjects Subcommittee is a University governance
body, the composition of which shall include one faculty member each representing Behavioral
Sciences, Business, History and Political Science, PEES, and Nursing; and a member of the community
who holds a graduate degree in psychology or a closely related discipline and who is not affiliated
with the University in any way other than as a member of this Subcommittee and who is not a member
of the immediate family of a person who is affiliated with the University. Membership on the
Subcommittee will be by appointment by the President of the University for terms of four (4)
years. Members are eligible for reappointment. The committee’s chair shall be a faculty
member selected by the Subcommittee.
The Subcommittee will meet six times annually (in August,
October, December, January, March, and May and, with one-week notice, at the request of any
member of the Subcommittee. The Chair of the Subcommittee is a member of the Ethics in
Research Committee and serves as a means for reporting thereto.
Any University activity involving the use of humans for
research purposes must be reported to the Ethics in Research Committee through the Human Subjects
Subcommittee.
Proposals will be reviewed and acted upon as soon as a
completed
Research on Human Subjects Proposal is received. Research may not commence
until formal approval is provided by the appropriate reviewing body. Specific responsibility
for the review and approval/disapproval of a proposal is determined by the
category of risk associated with the proposed research (see above)
1. More specifically:
Category 1 (no risk) research proposals will be reviewed and approved/disapproved by the
Unit Director. If approved, the proposal will be so noted and a copy distributed to
the principal investigator, the faculty or agency sponsor, the Human Subjects Subcommittee, and the
Ethics in Research Committee. A copy of the approved proposal will be maintained on file and
available for inspection in the unit office and the Office of Academic Affairs.
If a Category 1 research proposal is disapproved by the Unit
Director, the principal investigator may appeal that determination to the Unit Research
Committee. If the Unit Research Committee sustains the Unit Director’s disapproval, the
principal investigator may appeal that determination to the Human Subjects Subcommittee. If
the Human Subjects Committee sustains the disapprovals by the Unit Director and the Unit Research
Committee, the principal investigator may appeal that determination to the Ethics in Research
Committee. If the Ethics in Research Committee sustains the disapprovals by the Unit Director,
the Unit Research Committee, and the Human Subjects Subcommittee, the principal investigator may
appeal that determination to the President of the University, whose decision is final.
1 Notwithstanding the review and approval/disapproval of a proposal by a Unit
Director, a Unit Research Committee, and/or the Human Subjects Subcommittee, all University
research involving humans as subjects is subject to scrutiny by and ultimate approval by the Ethics
in Research Committee and the University President.
Category 2 (minimal risk) research proposals will be reviewed, approved or disapproved by
the Unit Director and the Unit Research Committee. If approved, the proposal will be
so noted and a copy distributed to the principal investigator, the faculty or agency sponsor, the
Human Subjects Subcommittee, and the Ethics in Research Committee. A copy of the approved
proposal will be maintained on file and available for inspection in the unit office and the Office
of Academic Affairs.
If a Category 2 proposal is disapproved by either the Unit
Director or the Unit Research Committee or both, the principal investigator may appeal that
determination to the Human Subjects Subcommittee. If the Human Subjects Subcommittee sustains
the disapproval(s), the principal investigator may appeal that determination to the Ethics in
Research Committee. If the Ethics in Research Committee sustains the previous disapprovals,
the principal investigator may appeal that determination to the President of the University, whose
decision is final.
Category 3 (moderate to substantial risk) research proposals will be reviewed, approved or
disapproved by the Unit Director, the Unit Research Committee, and the Human Subjects
Subcommittee. If approved, the proposal will be so noted and a copy distributed to
the principal investigator, the faculty or agency sponsor, and the Ethics in Research
Committee. A copy of the approved proposal will be maintained on file and available for
inspection in the unit office as well as the Office of Academic Affairs.
If a Category 3 proposal is disapproved by either the Unit
Director, or the Unit Research Committee, or the Human Subjects Subcommittee, or a combination
thereof, the principal investigator may appeal that determination to the Ethics in Research
Committee. If the Ethics in Research Committee sustains the previous disapproval(s), the
principal investigator may appeal that determination to the President of the University, whose
decision is final.
In the event that there exists doubt or disagreement with
respect to which category of risk should be associated with a particular proposal, the proposal
will be treated as Category 3 and be subject to those review procedures.
Lander University requires that research on warm-blooded
vertebrate (non-human) animals --hereafter, referred to as animal subjects -- be conducted so as to
comply with the guidelines set forth in
The Public Health Service Policy on Humane Care and Use of Laboratory Animals by Awardee
Institutions (September, 1986) and the
Guide for the Care and Use of Laboratory Animals, Publication 85-23, 1985, of the U.S.
Department of Health and Human Services. To that end, the University requires that any member
of the University who is planning to conduct research or demonstrations involving the use of animal
subjects submit a formal proposal to do so and, further, that that proposal be reviewed by a
designated official or committee of the University and be approved prior to the research or
demonstration commencing.
Proposals for research on animal subjects must be reviewed
and approved by the appropriate person(s) and/or committee (s), to include the
Unit Director (e.g., academic division chair or school dean, vice president), the
Unit Research Committee (composed of no fewer than three full-time University
employees who are assigned to and serve in the respective unit of the University (e.g., academic
division or school, office, service), the
Animal Care and Use
Subcommittee (the composition of which is detailed below), and the
Ethics in Research Committee.
The Animal Care and Use Subcommittee is a University
governance body, the composition of which shall include: a Doctor of Veterinary Medicine who
possesses training and/or experience in laboratory animal science and medicine and who has direct
or delegated program responsibility for activities involving animals at the University; one
practicing faculty scientist who is experienced in research involving animals; one full-time
University employee whose primary concerns are in a non-scientific area; and one person who is not
affiliated with the University in any way other than as a member of this Subcommittee and who is
not a member of the immediate family of a person who is affiliated with the University; and the
Chair of the Division of Biological and Physical Sciences (Subcommittee Chair). Other than the
Chair of the Division of Biological and Physical Sciences, membership on the Subcommittee will be
by appointment by the President of the University for terms of four (4) years and persons are
eligible for reappointment.
The Subcommittee will meet annually in August and December
and, with one-week notice, at the request of any member of the Subcommittee. The Chair of the
Subcommittee is a member of the Ethics in Research Committee and serves as a means for reporting
thereto.
Any University activity involving the use of warm-blooded
vertebrate animals for research purposes must be approved by the Ethics in Research
Committee. In addition, all submitted proposals will be reviewed annually by the Animal Care
and Use Subcommittee (hereafter, designated as the
ACUS). In addition to providing very precise information about a proposed
activity, each application must include a non-technical description of the proposed activity to
enable persons not otherwise specialized in vertebrate research to nevertheless understand the
activity.
Because most federal and state agencies require
verification of institutional review and approval of any proposal involving animal research, the
principal investigator for a proposed research proposal will be required to submit an application
for institutional review and approval at least
three (3) weeks prior to the grant submission deadline and at least
four (4) weeks prior to the actual use of animals for research purposes.
Four (4) copies of the application must be submitted to
ACUS. An application may be submitted for an initial one (1), two (2), or three (3) -year
approval period. Renewals of currently-approved applications may be requested by submitting an
updated page 2 of the application form. In order for renewal to be granted, no changes shall
have been made to the original protocol.
Revised June 21, 1994
General surveys and data collection that are executed by
Lander University or any division/unit of the University are considered “University Services” and
as such are excluded from the provisions as outlined in the
Lander
University
Ethics in Research Policies and Procedures. Since the above are classified as “
University Services,” not research, no forms or approvals are required.
Surveys and data collection that are classified as “
University Services” include but are not limited to the following (when conducted by the University
or a sub-unit thereof):
1. Student Opinion Surveys
2. Alumni Surveys
3. Employee Surveys
4. Faculty/Administration/Staff Surveys
5. Data regarding Employee Salaries
6. Data regarding Student Athletes
7. Data regarding Student Performance
8. Data regarding Student Retention
9. Any survey or data collection needed to satisfy
requirements of outside agencies
Individuals desiring to conduct personal research (not
required by the University or sub-unit thereof) that involves the collection of data of the type
listed in numbers 5-9 above, will be required to submit a “Statement of Confidentiality” assuring
that all data will be presented in a cumulative manner. The statement will further assure that
no names or individual data will be presented without the subject’s written consent.
LANDER UNIVERSITY STATEMENT OF POLICY
This is to affirm that Lander University recognizes that
employees are the essential resource of this institution. It is the policy of this institution
to provide equal opportunity to all present and future employees regardless of race, color,
religion, sex, national origin, age, or disability. Positive measures are taken, as outlined
in the Affirmative Action Plan, to eliminate any remaining disparities.
This statement applies to all personnel policies, practices
and procedures including, but not limited to, recruiting, hiring, benefits, compensation,
transfers, layoffs, recall from layoffs, and educational, social or recreational programs of this
institution. The objective is equal opportunity and affirmative action is the method.
Full cooperation is expected of all administrators, deans,
division chairs, directors, supervisors, faculty, and staff in achieving the goal of fair
representation. The Affirmative Action Program is a temporary measure and will remain in
effect until University goals are achieved.
The complete Affirmative Action Plan is available upon
request from the Office of Human Resources. The Human Resources Director, R. Daniel Adams,
serves as the Equal Employment Opportunity Officer of the University.
Lander University endeavors to insure equal opportunity for
individuals with disabilities or impairments, both physical and mental, by enforcing the ADA in all
compensation, benefits, job application procedures, hiring, advancements, transfers, discharges,
layoffs, recalls from layoff, training, and educational, social or recreational programs of this
institution. Cooperation is expected of administration, staff, and the Lander community to
insure reasonable accommodation of the disabled.
The Director of Human Resources serves as the University
Coordinator and chairs the Advisory Committee for the Disabled. The Transition Plan, Self
Evaluation, and Grievance Procedure are available upon request from the Office of Human Resources,
311 Willson Street.
The Exposure Control Plan has been established pursuant to
the requirements of 29 CRF 1910.1030. The OSHA Bloodborne Pathogen Standard published December
6, 1991, finalized rules for protecting health and safety workers from occupational exposure to
blood and certain other body fluids.
The purpose of the Exposure Control Plan is to eliminate or
minimize exposure to blood or other potentially infectious materials (OPIM). The plan
identifies tasks and procedures where occupational exposure to blood and certain body fluids can be
reasonably anticipated and the positions whose routine duties include these tasks. The Plan
describes engineering and work practice controls which have been implemented in order to
significantly reduce the risks of employee contact with bloodborne pathogens.
Some job classification may have more potential exposure
than other jobs. Therefore, an employee categorization form has been developed for exposure
determination.
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CATEGORY I
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Occupational Exposure
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Athletic Trainers
Nursing faculty
Staff Nurse
Laboratory Personnel
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CATEGORY II
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Potential Occupational Exposure
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Public Safety Officers
Identified Physical Plant
Employees
PEES faculty
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Universal precautions shall be observed at all times to
prevent contact with blood or other potentially infectious materials. Also, engineering and
work practice controls shall be used in order to eliminate or minimize exposure. If a risk
remains after institution of these controls, personal protective equipment (PPE) shall also be
used.
The University staff nurse works together with a Bloodborne
Pathogens Committee to help insure the health and safety of Lander University associates.
South Carolina’s Clean Indoor Air Act of 1990 makes it
unlawful for any person to smoke, or possess lighted smoking material in any form, in selected
public indoor areas except where a smoking area is designated. This Act applies to all “
government buildings.” “Government buildings” are buildings or portions thereof which are
leased or operated under the control of the State or any of its political subdivisions. Also,
the Act prohibits smoking in public transportation vehicles.
As a state-supported institution, Lander must comply with
the Clean Indoor Air Act. A violation of the Act is considered a misdemeanor and provides for
fines.
Furthermore, Lander provides educational information in
regards to smoking cessation. For further information, contact the Office of Human
Resources.
Vocational Rehabilitation offers services to associates
and/or family members. These services include counseling and guidance; medical, psychological,
and vocational assessment; residential treatment for alcoholism or drug abuse; personal, social,
work adjustment training; and referral to appropriate community resources. These services are
available without cost to the employee and could prove to be beneficial. Further information
is available through the local or State Vocational Rehabilitation Office and the Office of Human
Resources.
The Family and Medical Leave Act of 1993 (FMLA), became
effective on August 5, 1993.
Under FMLA, Lander University will provide up to 12 weeks
of unpaid, job-protected leave to “eligible” employees for specified family and medical
reasons. An eligible employee’s right to FMLA leave began on August 5, 1993 and any leave
taken before that date would not count as FMLA leave.
To be eligible for FMLA benefits, an employee
must:
1. Have worked for S.C. State
Government for a total of at least 12 months.
2.
Have worked at least 1,250 hours over the previous 12 months.
3. Have worked at a location where
at least 50 employees are employed by the S.C. State Government within 75 miles.
Lander University must grant an eligible employee up to a
total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following
reasons:
1. For the birth or placement of a
child for adoption or foster care;
2. To care for the employee’s
family member (spouse, child, or parent with a serious health condition; or
3. To take medical leave when the
employee is unable to work because of a serious health condition.
Spouses employed by S.C. State Government are jointly
entitled to a combined total of 12 workweeks of family leave for the birth or placement of a child
for adoption or foster care, and to care for a parent (but not a parent-in-law) who has a serious
health condition.
Leave for birth or placement for adoption or foster care
must conclude within 12 months of the birth or placement.
Under some circumstances, employees may take FMLA leave
intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or
daily work schedule.
1. If FMLA leave is for birth or
placement for adoption or foster care, use of intermittent leave is subject to the employer’s
approval.
2. FMLA leave may be taken
intermittently whenever medically necessary to care for a seriously ill family member, or because
the employee is seriously ill and unable to work.
Subject to certain conditions, employees or the University
may choose to use accrued paid leave (such as sick or annual leave) to cover some or all of the
FMLA leave. The University is responsible for designating if an employee’s use of paid leave
counts as FMLA leave, based on information from the employee. In no case can use of paid leave
be credited as FMLA leave
after the leave has ended.
“Serious health condition” means an illness, injury,
impairment, or physical or mental condition that involves:
1. Any period of incapacity or
treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical-care facility.
2. Any period of incapacity
requiring absence of more than three calendar days from work, school, or other regular daily
activities that also involves continuing treatment by (or under the supervision of) a health care
provider.
3. Continuing treatment by (or
under the supervision of) a health care provider for a chronic or long-term health condition that
is incurable or so serious that, if not treated, would likely result in a period of incapacity of
more than three calendar days, and for prenatal care.
“Health care provider” means:
1. Doctors of medicine or
osteopathy authorized to practice medicine or surgery by the State in which the doctor
practices.
2. Podiatrists, dentists, clinical
psychologists, optometrists, and chiropractors (limited to manual manipulation of the spine to
correct a subluxation as demonstrated by x-ray to exist) authorized to practice, and performing
within the scope of their practice, under State law.
3. Nurse practitioners and nurse
midwives authorized to practice, and performing within the scope of their practice, as defined
under State law.
4. Christian Science practitioners
listed with the First Church of Christ, Scientist in Boston, Massachusetts.
Lander University will maintain group health insurance
coverage for an employee on FMLA leave whenever such insurance was provided before the leave was
taken and on the same terms as if the employee had continued to work. If applicable,
arrangements will need to be made for employees to pay their share of health insurance premiums
while on leave.
In some instances, Lander may recover premiums it paid to
maintain health coverage for an employee who fails to return to work from FMLA leave.
Upon return from FMLA leave, an employee must be restored to
his/her original job, or to an equivalent job with equivalent pay, benefits, and other employment
terms and conditions.
In addition, an employee’s use of FMLA leave cannot result
in the loss of any employment benefit that the employee earned or was entitled to
before using FMLA leave.
Employees seeking to use FMLA leave may be required to
provide:
1. Thirty-day advance notice of the
need to take FMLA leave when the need is foreseeable.
2. Medical certifications
supporting the need for leave due to a serious health condition affecting the employee or an
immediate family member.
3. Second or third medical opinions
and periodic recertifications (at Lander University’s expense).
4. Periodic reports during FMLA
leave regarding the employee’s status and intent to return to work.
When leave is needed to care for an immediate family member
or the employee’s own illness, and is for planned medical treatment, the employee must try to
schedule treatment so as not to unduly disrupt the University’s operation.
Application forms are available through the Office of Human
Resources.
The hazardous weather policy gives the Governor the sole
authority to declare a state of emergency because of extreme weather conditions or other specified
emergencies. “Emergency conditions” means circumstances that would expose University employees
to harmful or unsafe conditions.
The policy states that between the hours of 5:00 p.m. and
8:00 a.m. all Declarations of Emergency will be transmitted by the Governor’s Office to the news
media. Associates will assume an individual responsibility to respond in an appropriate manner
to closings as they may be announced. When inclement weather necessitates University closing,
the information normally will be available as follows:
I. Lander Automated Information System - 229-8400.
II. On
Television Stations
WSPA Channel 7 WLOS Channel
13
WYFF Channel 4 WHNS Fox
21
III. On Radio
Stations
WCRS AM-1450 WZLA
FM-92.9
WMTY AM-1090, FM-103.5 WMYI FM-102.5
WSCZ FM-96.7
WSSL FM-100.5
Unless a Declaration of Emergency has been issued, all
associates are expected to report to work as usual. Should an emergency declaration occur
during normal work hours, the University will be notified by the South Carolina office of Human
Resources. The Governor's office will also issue a statement to the news media.
Supervisors should maintain a current listing of “essential
personnel” for their department and submit a copy to the Office of Human Resources. “Essential
personnel” must be designated
prior to the emergency.
Employees not designated as “essential” should not report to work.
If a Declaration of Emergency occurs, associates
shall:
1. Use accrued annual or
compensatory leave to make up time lost.
2. Take leave without pay.
3. Be allowed to make up time lost
from work at a time scheduled by the supervisor or the University. Associates must be given
the option of making up the time lost from work if they so desire.
In matters concerning intellectual propert rights, Lander
University shall follow in principle the current AAUP guidelines. Faculty seeking information about
this policy should visit the AAUP website (AAUP.org).
As responsible and interested citizens, faculty members may
engage in the political processes of our society. Faculty members engaged in political
activity or making public statements on issues should always make it clear that they are speaking
as individual citizens and not on behalf of the University. Letters to the editors of
newspapers should carry the faculty member’s home address rather than a University address.
It is the policy of Lander University, in keeping with
efforts to maintain an environment in which the dignity and worth of all employees and students of
the University are respected, that sexual harassment of students and employees at Lander University
is unacceptable conduct and will not be tolerated. Sexual harassment may involve the behavior
of a person of either sex against a person of the opposite or same sex, when that behavior falls
within the definition as outlined below.
Lander University employees who are offenders will be
subject to disciplinary action which may include, but is not limited to, oral or written warnings,
demotions, transfers, suspension without pay, or dismissal for cause.
Lander University students who are offenders will be
subject to disciplinary actions which may include, but are not limited to, oral or written
warnings, probation, suspension, and other disciplinary measures as found in the Lander University
Student Handbook.
Sexual harassment is a form of sex discrimination which is
prohibited under Title VII of the Civil Rights Act of 1964 for employees and under Title IX of the
Education Amendments of 1972 for students. The South Carolina State Human Affairs Law also
prohibits sex discrimination.
Sexual harassment of employees and students at Lander
University is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal
or physical conduct of a sexual nature, when:
1. Submission to such conduct is
made either explicitly or implicitly a term or condition of an individual’s employment or
academic status, or
2. Submission to or rejection of
such conduct is used as the basis for employment or academic decisions affecting that individual,
or
3. Such conduct has the purpose or effect of unreasonable
interference with an individual’s work performance or educational experience, or creates an
intimidating, hostile, or offensive work or educational environment.
Prohibited acts of sexual harassment may take a variety of
forms ranging from subtle pressure for sexual activity to physical assaults. Examples of the
kinds of conduct included in the definition of sexual harassment include, but are not limited
to:
1. Threats or intimation of sexual
relations or sexual contact which is not freely or mutually agreeable to both parties;
2. Continued or repeated verbal
abuses of a sexual nature including graphic commentaries about a person’s body, or sexually
suggestive objects or pictures placed in the work or study area that may embarrass or offend the
person, sexually degrading words to describe the person, or propositions of a sexual nature;
3. Threats or insinuations that the
person’s employment, grade, wages, promotional opportunities, class or work assignments, or the
conditions of employment or academic status may be adversely affected by not submitting to sexual
advances.
Sexual harassment and/or the assignment or suggestion of
rewards and punishments on the basis of sex or sexuality have no place in the work of the
University and are prohibited. Intimate consensual relationships between supervisors and their
supervisees and between faculty members and their students are discouraged. Those
relationships are improper when they influence, or could reasonably be expected to influence,
decisions or actions in University-related matters.
Careful inquiry will appropriate safeguards insuring
individual rights and confidentiality will follow reasonable allegations of conduct prohibited
under this policy. Appropriate penalties will be determined under normal procedures insuring
due process. Those who invoke the policy are protected from retaliatory acts. Information
concerning complaints arising under it will be treated responsibly. Malicious or frivolous
claims of harassment or favoritism are also prohibited and, if substantiated, will result in
disciplinary action.
Each dean, department chair, director, and supervisor is
responsible for providing a work and educational environment free from sexual harassment.
No faculty or staff employee, applicant for employment,
student, or member of public may be subject to restraint, interference, coercion, or reprisal for
seeking information about sexual harassment, filing a sexual harassment complaint, or serving as a
witness.
A. Any University employee who
feels that she or he has been sexually harassed under the above definition and who wishes further
information or who wishes to file a complaint should contact the Director, Office of Human
Resources.
B. Any faculty or staff member
accused of sexual harassment should seek the advice of the Director, Office of Human
Resources.
C. Any student who feels that
she or he has been sexually harassed under the above definition and who wishes further information
or who wishes to file a complaint should contact the Vice President for Student Affairs.
D. Any student accused of sexual
harassment should seek the advice of the Vice President for Student Affairs.
Sexual Harassment Administrative
Procedures are available in the Office of Human Resources.
A. Recognizing that Lander University is legally
responsible for promoting the efficiency of the public services it performs, the following rules
are promulgated in furtherance of that legal responsibility.
1. Solicitation or distribution
by persons other than employees of Lander University who are on official State business in those
areas of the agency which are not open to the public is prohibited. Solicitation and
distribution by persons other than employees of Lander in those areas of the agency which are open
to the public is prohibited to the extent that such solicitation or distribution results in
substantial disruption of or material interference with administrative or agency activities.
2. Solicitation by employees of
Lander University on agency property during working time is prohibited. Working time is the
time an employee is expected to be engaged in the official duties of a position.
3. Distribution of literature by
employees of Lander University on agency property in non-working areas during working time, as
defined above, is prohibited.
4. Distribution of literature by
employees of Lander University on agency property in working areas is prohibited.
B. It is the administration’s responsibility to ensure
that these rules are consistently applied to all types of solicitation and distribution.
C. Charitable fund drives approved by the President
may be conducted under agency supervision.
This policy is authorized in the South Carolina Code of
Laws, Volume 4, Section 8-11-230
Lander University recognizes alcohol and drug abuse as
potential health, safety, and security problems. Lander expects all employees to assist in
maintaining a work environment free from the effects of alcohol, drugs, or other intoxicating
substances. Compliance with this substance abuse policy is a condition of employment.
1. Lander University prohibits
employees from the unlawful manufacture, possession, use, distribution, or purchase of
non-prescribed drugs and intoxicants on its premises and from working under the influence of
alcohol, illegal drugs or intoxicants during working hours.
2. All employees are required to
report to their jobs in appropriate mental and physical condition, ready to work. If an
employee is impaired because of taking medication according to a doctor’s prescription, that person
is expected to discuss it with the supervisor before commencing work that day.
3. Any employee who is convicted
of a violation of any criminal drug statute shall notify the supervisor within five (5) days of the
date of conviction. A conviction includes any finding of guilty (including one agreed to by
the employee) or pleas of no contest and/or any imposition of a fine, jail sentence or other
penalty.
4. Any violation of this
substance abuse policy will result in discipline, up to and including discharge, under Lander
University’s progressive discipline policy. Employees should note that South Carolina
recognizes alcoholism as a treatable illness. No state employee with the problem of alcoholism
shall be disciplined prior to receiving the same careful consideration and offer of assistance that
is extended to employees having any other illness.
5. Employees who have an alcohol
or drug abuse problem are strongly encouraged to use one of the employee assistance programs
available. Information about these programs can be obtained from the Office of Human
Resources. If an alcohol or drug abuse problem recurs after an employee has completed an
assistance program, Lander will take appropriate action in accordance with official
policy. Lander University retains full and final discretion on whether, when, and under what
conditions an employee may be reemployed after an instance of substance abuse.