Policies and Procedures
GENERAL POLICIES
DRUG-FREE WORKPLACE/SCHOOLS POLICY
The unlawful sale, purchase, manufacture, distribution, dispensing, possession or use of a controlled substance or the unlawful possession and use of alcohol is prohibited in and on Florida Gulf Coast University owned or controlled property, as part of any of its activities, or within a 200 foot perimeter of the University property. No employee is to report to work/class or any University activity while under the influence of illegal drugs or alcohol. Violation of these policies by an employee shall be reason for evaluation/treatment for a drug/alcohol use disorder or for disciplinary action up to and including termination of employment from the University. Such action will be in accordance with the FGCU Disciplinary Guidelines or with applicable collective bargaining agreements and other policies and procedures; or referral for prosecution consistent with local, state, and federal law. To comply with the Federal Drug-Free Schools/Campuses Act, Florida Gulf Coast University will provide an annual notice regarding its drug prevention program to employees and conduct a biennial review of the program.
The University will continue to provide comprehensive Drug-Free Awareness and Education programs for employees.
To comply with the Federal Drug-Free Workplace Act, Florida Gulf Coast University has the following requirements:
a) An individual employed by a grant or contract shall notify his/her supervisor or other appropriate management representative of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
b) The University shall notify any federal contracting agency within ten (10) days of having received notice that an employee engaged in the performance of such contract or grant has had a criminal drug statute conviction for a violation occurring in the workplace.
The University will take appropriate personnel action with any such employee who is so convicted, or require the employee's satisfactory participation in a drug abuse assistance or rehabilitation program.
Procedure
Employee
In no later than five (5) days, employee must notify his/her supervisor or other appropriate management representative of any criminal drug statute conviction for a violation occurring in the workplace.
University
Within ten (10) days of having received notice from an employee, the University shall notify any federal contracting agency.
Take appropriate personnel action, or require the employee's satisfactory participation in a drug abuse assistance or rehabilitation program.
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FIREARMS AND DANGEROUS WEAPONS
This policy prohibits possession, storage, use or manufacture of dangerous articles which pose a threat to the safety of persons and property and is applicable to all students, faculty, staff and any other individuals visiting or conducting business at the University. The provisions of this policy shall not apply to: (1) faculty in the performance of instructional or research responsibilities, with advance written approval from the Vice President for Academic Affairs or designee; (2) only those Law Enforcement Officers as defined in Florida Statute, who are in uniform; (3) University Law Enforcement Officers; and (4) persons as enumerated in Florida Statute, except that the University's dormitories are not considered to be private residences, homes or places of business. Individuals licensed to carry firearms are not exempted from the provisions of this policy.
All persons, except those exempted above, are prohibited from possession, storage, manufacture, or use of a dangerous implement, including but not limited to, firearms, destructive devices, explosives, slingshots, weapons, tear gas guns, electric weapons or devices and fireworks, on any property owned, used or under the control of Florida Gulf Coast University.
Definitions
a) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer, any destructive device; or any machine gun.
b) "Destructive device" means any explosive incendiary or poison gas bomb, grenade, mine, rocket or similar device which will, is designed to, or may be readily converted to expel a projectile by the action of any explosive.
c) "Explosive" means any chemical compound or mixture that has the property of yielding readily to combustion upon application of heat, flame or shock. For purposes of this policy, the term "explosive" includes shotgun shells, cartridges or ammunition for firearms.
d) "Slingshot" means a small mass of metal, stone, sand, or similar material fixed in a flexible handle, strap, or the like.
e) "Weapon" means any dirk, metallic knuckles, slingshot, billy club, tear gas gun, chemical weapon or device or other deadly weapon including BB, pellet, gas operated spring loaded gun, bows and arrows, except a common pocket knife.
f) "Tear gas gun", "chemical weapon", or "device" shall apply to all weapons of such nature except those designed and sold for personal protection and containing not more than one-half ounce of chemical.
g) "Electric weapon or device" means any device which, through the application or use of electrical current, is designed, redesigned, used or intended to be used for offensive or defensive purposes, the destruction of life or the infliction of injury.
h) "Fireworks" means and includes any combustible explosive composition or substance or combination of substances or any articles prepared for the purpose of producing a visible or audible effect by combustion explosion, deflagration or detonation. For purposes of this policy the term "fireworks" includes, but is not limited to, blank cartridges and toy cannons in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles and any fireworks containing any explosives or flammable compound.
Procedure
Reporting Violations
Whenever it is perceived that there is an immediate threat to life or property, notification should be made directly to the University Police Department.
Members of the faculty and staff who observe or have knowledge of violations to this policy shall notify their supervisor.
Resident students who observe or have knowledge of violations to this policy shall notify the University Police Department.
Violations
Any individual violating any provision of this policy shall be required to immediately remove from the campus any article covered by this policy. Criminal violation of Federal, State or local laws shall be enforced by the Police Department. Under extraordinary circumstances, the Police Department will provide for temporary storage of said article(s).
Instances where students are found in violation of this policy shall be referred to Student Services for appropriate action under disciplinary guidelines, which may include suspension or expulsion.
Instances where faculty or staff are found in violation of this policy shall be referred to the respective Vice President for appropriate action under the applicable disciplinary guidelines, which may include suspension or termination.
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FAMILY IN THE WORKPLACE
Bringing family to the workplace while on duty is not permitted unless an employee has an unplanned emergency situation, and only after his/her department head has granted permission. Family is defined as a child, grandchild or other dependent person for whom an employee may have caregiver responsibility (such as an elderly parent) and regardless of the age of the person. The department head is encouraged to be as liberal as possible in granting the use of accrued leave to the employee in such instances. Consideration will not be given to allowing a family member with an illness to come to work with the employee.This practice is not only for the welfare of the employees' family member, but for fellow employees as well.
When receiving a request, the department head should consider factors including: age or any special needs of the individual; how long the individual needs to be present; the work environment in the employee's area; and any possible disruption to the employee's and co-worker's work. If permission is granted and a family member is brought to the workplace, it will be the responsibility of the employee parent/guardian to ensure that the family member is accompanied and under their direct supervision at al times. As an alternative to approving the family member in the workplace, department heads may wish to consider other options such as a flexible schedule.
Eff. 6/03
NEPOTISM - EMPLOYMENT OF RELATIVES
The employment of related persons at Florida Gulf Coast University is allowed where there is no direct supervisory responsibility between relatives, and where functions of their positions do not create a conflict of interest, or if there is a conflict of interest, there is a demonstrated critical shortage of qualified applicants. An employee shall be considered in the direct supervisory line of his or her relative even though they are separated by intermediary positions.
No such related person shall be employed unless his/her employment has been individually approved by the respective Vice President, based upon a written request by the employing department head. The written request must include why recruitment efforts were unable to identify a qualified non-related applicant to fill the vacant position or contain justification for requesting an exception to this policy. The President shall approve or disapprove any request involving a person related to a Vice President.
A person employed under this policy will have the same rights and privileges as any other University employee.
This policy encompasses all types of appointments within the University, including Faculty, A&P, USPS, Adjunct Faculty, OPS and College Work Study personnel.
Definitions
Related person or relative means an individual who lives in the same residence as and maintains an intimate personal relationship with the employee or is related to the employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.
Conflict of interest arises when a related person participates in making recommendations or decisions specifically affecting the appointment, retention, tenure, multi-year contract, work assignments, evaluations, promotion, demotion, or salary of his or her relative or any attempt to influence a relative's supervisor with any regard to matters concerning that relative.
Organizational unit means a department.
Procedure
Employing Department Heads
Submit a written request to the respective Vice President providing detailed justification as to why the employment of a relative should be approved.
Vice President
Review request submitted by the employing department head. Forward notification of approval or disapproval to the Department Head and Director of Human Resources.
President
The President shall approve or disapprove any request involving a person related to a Vice President.
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PERSONNEL PUBLIC RECORDS REQUESTS
Public records are designated as either "open for public inspection" or "exempt from public inspection". Those records designated as open shall be opened for inspection and examination upon the request of any person desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the records or designee.
The classification of records as "open" or "exempt" is defined in Chapter 119, Florida Statute. Where the Records Custodian asserts that an exception under this Chapter applies to a particular record, he/she shall delete or excise from the record only that portion of the record for which the exemption is asserted, and produce for inspection and examination the remainder of the record.
All requests for information pertaining to university employees shall be submitted to the Office of Human Resources. This includes, but is not limited to, telephone or written verification of previous or present employment, salary information, employee benefits information, worker's compensation claims, etc.
Upon request, any person designated in writing by the employee, shall be allowed access to confidential records in the employee's personnel file.
Applicable Charges
Copies of the records shall be furnished, by the records custodian or designee, upon payment of the actual cost of duplication of the copies.
When a request for inspection or reproduction of public records involves extensive use of information technology resources or supervisory assistance, the University may charge, in addition to the actual cost of duplication, a special service charge which shall be reasonable and based upon the cost incurred.
Fees collected from reproduction of public records must be collected, deposited, and accounted for in the manner prescribed for other operating funds of the University.
Payment should be made through the Controller's Office and a receipt issued to the requester. A copy of the paid receipt must be delivered to the custodian of the records before the copies of the public records may be provided to the requester.
Procedure
Requesting Person/Organization
An appointment shall be made with Human Resources for the purpose of inspecting and examining public record.
Department
Upon receipt of a request for employment information, the Department will immediately advise the Office of Human Resources of such a request.
Office of Human Resources
Review and respond to all requests in a timely manner. Estimate applicable charges and inform appropriate requester.
Release information requested.
Cashier's Office
Process fees collected for duplication of public records and issue receipt to the requester.
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POLITICAL PARTICIPATION
Employees of the University may seek election to public office upon prior notification of the University President. The notification must be provided in advance of any announcement for public office.
When an employee elects to run for and/or hold public office and such action is determined by the President to materially interfere with the full discharge of the employee's duties, the employee must obtain leave of absence or submit a resignation.
Procedure
Employee
Submit in writing to the President a request to participate in political activity for the purpose of seeking election to hold public office. Such requests must address how the activity will impact the employee's normal duties and responsibilities and whether the political activity will involve interests which conflict or interfere with employment at the University.
University President
Approve or deny request and notify employee of decision.
A copy of President's decision will be forwarded to Human Resources for inclusion in the employee's official personnel file.
Eff. 12/96
VOLUNTEER PROGRAM
A volunteer is any person who, of his or her own free will, provides services to the University with no monetary or material compensation, on a continuous, occasional, or one-time basis.
This policy provides general guidelines for the recruitment, screening, training, responsibility, utilization and supervision of volunteers rendering services to the University.
The University authorizes and encourages the utilization of volunteers to assist in carrying out its programs. Deans, directors, and department chairpersons must coordinate the use of volunteers in their respective units. The responsibility for the recruitment, screening, training, utilization, and/or supervision of volunteers may be delegated to department and operational units. A Volunteer Coordinator shall be designated from the Human Resources Department, and shall be responsible for the overall administration of the volunteer program.
Each department shall record the number, location and duties of volunteers, and the total number of annual hours of volunteer service provided to the department. Such information must be maintained on file by the volunteer coordinator and each department/operational unit. Each dean or director will transmit to the Director of the Human Resources upon request, a report for the preceding fiscal year containing the above information.
Screening, Acceptance and Benefits
Each person wishing to become a volunteer shall furnish to the volunteer coordinator or appropriate department/operational unit, such personal and professional information as may be necessary for the determination of his or her suitability as a volunteer.
Volunteers shall be advised that they are entitled to workers' compensation and state liability protection under the same conditions as university employees. Volunteers shall be eligible for the other benefits listed in Section 110.504 of the Florida Statutes, including transportation costs, lodging and subsistence, only as approved by the college, school, division or operational unit.
Training, Utilization, and Supervision
Upon selection, the department/operational unit shall assign each volunteer specific tasks or duties and provide appropriate training. The services expected of each volunteer should be provided to him or her in writing. Each volunteer shall be supervised on a day-to-day basis by a staff member of the department/operational unit who has responsibility for the programs for which the volunteer was selected.
Volunteers shall be expected to perform their services in a professional manner and in accordance with the policies and procedures of the University. Volunteer services may cease at any time, at the request of the volunteer or at the discretion of the University. A notice stating the effective date of the termination shall be provided by the volunteer supervisor to the volunteer coordinator.
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EMPLOYEE ASSISTANCE PROGRAM
The Employee Assistance Program (EAP) provides confidential professional assistance to employees and their immediate family members to resolve problems that adversely affect their personal lives and/or job performance. The EAP is also available for supervisory referrals through the Department of Human Resources when an employee's job performance may be affected by a personal problem.
The Department of Human Resources shall be responsible for the administration of the Employee Assistance Program including communication of the services available through the independent outside EAP Provider Organization (Southwest Florida Employee Assistance Programs). The Director of Human Resources, or designee, shall be responsible as the EAP Human Resource Liaison with the EAP Provider Organization.
All faculty, A&P and USPS employees may avail themselves of the EAP. Additionally, supervisors may refer employees for evaluation and possible treatment of personal problems that may be affecting the employee's job performance and/or personal well being.
The Employee Assistance Program provides confidential professional assistance to employees and their immediate family members to resolve problems that adversely affect their personal lives and/or job performance. These problems include, but are not limited to, marital and family difficulties; financial, legal, alcohol and drug abuse; emotional difficulties; providing assistance to aged parents; and grief and abuse.
Professional services provided by EAP are available as follows:
• Unlimited accessibility to the program by employees and members of their immediate families.
• Up to three (3) counseling sessions, per event, for the purpose of assessing the nature of the problem(s).
• Utilization of motivational and short-term counseling.
• Referral to outside community or health insurance treatment resources for follow up.
• Provides Employee Assistance Program literature for employees and immediate family.
• Case Management to track outcome.
Program assistance is accessible in two ways:
• Voluntary/self referral – Through the use of the staffed Employee Assistance Program the toll-free 800-226-7930 Help Line which is available to all employees and to members of their immediate families. This Help Line is to be in operation 24 hours a day, every day of the year.
• University/Supervisory referral – The Department of Human Resources will serve as the contact source with EAP regarding all supervisory referrals and will receive appropriate communication from the EAP regarding information authorized to be disseminated as a result of the client signing "Release of Confidential Information" form.
EAP maintains convenient counseling offices located throughout the Southwest Florida area.
The Director of Human Resources, or designee, shall be responsible for maintaining the confidentiality of all records pertaining to an employee's referral and participation in the EAP. These records shall be maintained in confidential EAP files that are separate from the individual employee personnel file.
Southwest Florida Employee Assistance Programs (EAP) also maintains confidential records pertaining to the EAP program and employee/client participation. These records are the possession of and will be maintained by EAP and shall be handled with accepted confidentiality practices and regulations. Upon written approval by an employee, the EAP may be authorized to release information regarding the employee's participation in the EAP to the Human Resources Liaison.
There is no cost to employees or to their immediate family members for the services provided by EAP.
Quarterly and other periodic reports will be furnished to the Department of Human Resources regarding program utilization, nature of problems, disposition, etc. These reports shall conform to the laws and practices governing confidentiality and shall not include information that would identify any specific employee.
An Implementation Training and Orientation Session to brief top-level management/ supervisors and the Department of Human Resources, of program policy and procedures and clarifying their roles, functions and responsibilities in the program is provided by EAP.
Workplace program promotional materials such as posters, pamphlets and display racks will be available to employees identifying the kinds of assistance and services provided by EAP, including information on telephone numbers and other contact information.
Procedure
A. Self-referral:
1. All self-referrals shall be confidential, unless otherwise requested by the employee.
2. An employee may contact the EAP Human Resources Liaison, or the authorized EAP Provider, for information or an appointment.
3. An employee may self refer on his/her own behalf, or upon the informal recommendation of a supervisor or bargaining unit representative.
B. Voluntary Supervisor Referral
1. Upon belief that an employee's job performance may be affected by a personal problem, the supervisor, in coordination with the EAP Human Resources Liaison, will first discuss the matter with the employee. If applicable, the discussion should include whether there is any need for reasonable accommodation.
2. The following may indicate a need for referral:
a. failure or difficulty in completing assignments,
b. excessive absenteeism and/or tardiness,
c. unauthorized and/or patterns of absences,
d. altercations with fellow employees or the public,
e. extended lunch hours,
f. unauthorized disappearances from the workstation,
g. depression or anxiety,
h. suspected drug abuse or alcoholism, or
i. other concerns.
3. The supervisor and employee may agree in lieu of disciplinary action to the voluntarily referral of the employee to the EAP. If so, the supervisor will also provide the employee with an Employee/Supervisor Agreement form which will document the discussion regarding a voluntary referral for services.
4. The completed Employee/Supervisor Agreement form and related documentation shall be sent to the EAP Human Resource Liaison for maintenance in a confidential EAP file.
C. Supervisory Referral to Human Resources
1. When it is determined that an employee has personal problems and/or work performance is affected, and the employee has refused to cooperate in a voluntary supervisory referral, the supervisor shall contact the Director of Human Resources and request that a meeting be scheduled with the employee. In such an instance, the supervisor will submit the Supervisory Referral Request to Human Resources and provide a copy to the employee.
2. The Director of Human Resources, or designee, shall meet with the employee for mediation and resolution and to determine if the employee will voluntarily agree to be referred to the EAP.
3. The applicable provisions of SUS and University employment rules, policy, and appropriate collective bargaining agreements will be followed in such instances. An employee may be required to submit to a medical examination in accordance with applicable university policy and/or collective bargaining agreement.
D. EAP Human Resources Liaison
1. The EAP Human Resources Liaison shall assist employees and supervisors with questions and referral to the EAP.
2. The EAP Human Resources Liaison will communicate information regarding the EAP services to employees and maintain the confidentiality of any records of an employee's participation in an EAP referral.
3. The EAP Human Resources Liaison will request that an employee complete the Employee Release Statement to authorize the release of information regarding the employee's participation in the EAP to the Human Resources Liaison.
4. The EAP Human Resources Liaison will notify the EAP Provider Organization of the referral of any employee and will request appropriate information from the Provider regarding the employee's continued participation as a result of the referral. Information confirming that the employee is continuing to particpate, or not participate, in the referral will be provided to the supervisor.
5. Periodically during an employee's referral participation and upon completion of participation in the program, the EAP Human Resources Liaison may request the employee complete the Confidential Client EAP Questionnaire.
