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Revised September 1994.
FACULTY POLICIES AND PROCEDURES
Faculty Rights and Responsibilities
The professional responsibilities of full-time faculty members at universities are often evaluated according to the broad categories of teaching, scholarship and creative activity, and service. While the relative emphasis given to these activities may vary during an individual's career, these responsibilities require that faculty members teach students, colleagues, and members of the broader community. To meet these responsibilities, faculty members bring their own and others' scholarship and creations to their institutions, professions and communities.
Teaching is an integral part of all faculty activities. There is a false perception of a dichotomy between teaching and scholarly activities. The two are in fact inseparable aspects of our mission as scholars: the acquisition and dissemination of knowledge in all its forms.
University instruction presupposes scholarship. While lecturing is the most obvious form of teaching and the most easily evaluated, it is only one of the modes of teaching in the University. Faculty also teach in seminars, where the student gives the presentation and faculty offer constructive criticism. They teach in small groups, meeting with graduate students and undergraduates to discuss ideas or research priorities, projects and methodology. They teach as mentors, problem-solving and setting examples of professional conduct and scholarship. They teach by giving assignments, papers and examinations, and grading them. Teaching occurs in the lecture hall, laboratory, library, offices, clinics, and in the field. Teaching further includes public lectures and performances, seminars, professional presentations, and publications. These many forms of teaching are as valuable and demanding as classroom lectures.
Faculty members provide service, based on their expertise, to their departments, colleges, institutions, professions, and communities. Service activities include academic and other advising; sponsoring of students and other organizations; laboratory and studio management; involvement in departmental, college and university committees; participation in faculty governance bodies; and involvement with local, state, national and international bodies.
(Statement approved by Executive Committee of Faculty Council, July 1994. Paragraphs two and three are a modified version of a resolution approved by Faculty Council, April 1994.)
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Academic Freedom
Trustee Policies and Regulations Governing Academic Tenure in The University of North Carolina at Chapel Hill (July 1, 1994) defines academic freedom:
Academic freedom is the right of a faculty member to be responsibly engaged in efforts to discover, speak and teach the truth. It is the policy of the University to maintain and encourage full freedom, within the law, of inquiry, discourse, teaching, research, and publication and to protect any member of the faculty against influences, from within or without the University, which would restrict the faculty member in the exercise of these freedoms in his or her area of scholarly interest.
The University recognizes that in his or her role as citizen, as to matters outside the area of his or her scholarly interest, the faculty member has the right to enjoy the same freedoms as other citizens, without institutional censorship or discipline, though he or she should avoid abuse of these freedoms. The faculty member should recognize that accuracy, forthrightness, and dignity benefit his or her association with the University and his or her position as a person of learning. Except when officially authorized, a faculty member should not represent himself or herself as a spokesman for the University.
Faculty Recruitment
The following is quoted from EPA Employees Affirmative Action Plan, UNC-CH, April 1, 1994:
"The primary responsibility for recruiting new members of the faculty rests with the school or department seeking new members, since the faculty members of each unit are best qualified to determine the needs of the unit and to evaluate the qualifications of candidates to meet those needs.
"Deans, directors, department heads and members of faculty recruitment committees become aware of availability of prospective faculty members in various ways-through professional organizations and the contacts they afford, through acquaintance with the published writings of scholars in their field, through letter inquiries initiated by the school or department seeking an additional member or by a person in search of employment, through advertisements in professional journals and other media sources, and, where appropriate, through the listing of a position with a personnel exchange maintained by a professional association. All faculty positions that are for one year or more and more than 50 percent time are required to be advertised.
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"It is expected that all hiring for tenure-track and fixed-term faculty positions will be done through the use of a search committee. In exceptional circumstances, when a search committee is not used, the Affirmative Action Statement must explain why. Search committees are expected to work closely with the departmental Equal Employment Opportunity Officers."
Affirmative Action Plan for EPA Employees
The Affirmative Action Plan of The University of North Carolina at Chapel Hill has been adopted by the Chancellor and represents the official commitment of the University. Fundamental to this Plan is the affirmative commitment of the University to equal employment opportunity. The University will not practice or permit discrimination in employment on the basis of race, color, religion, sex, national origin, age, disability or veteran status; and the University will, consistent with applicable provisions of Revised Order No.4 (Part 60-2, Chapter 60, Title 41, Code of Federal Regulations), take affirmative action in a continuing, good faith effort to eliminate any unlawful discrimination.
The University Affirmative Action Officer has responsibility for the administration of the Plan. Among the most important responsibilities of the Affirmative Action Officer in monitoring the administration of the Plan is the scrutiny of the search process used to fill positions that are Exempt from the State Personnel Act (EPA).
Compliance with the Plan requires the use of methodical and formal procedures in evaluating candidates for appointment and reappointment to EPA positions.
Policy Statement on Sexual Orientation
The University believes that educational and employment decisions should be
based on individuals' abilities and qualifications and should not be based on
irrelevant factors or personal characteristics that have no connection with
academic abilities or job performance. Among the traditional factors which are
generally "irrelevant" are race, sex, religion, and national origin. It
is the policy of the University that an individual's sexual orientation be
treated in the same manner. Any University employee having a complaint of
discrimination because of sexual orientation should notify his or her immediate
supervisor or the Human Resources Counseling Service. For additional
information refer to Memorandum #1271,
The University will not discriminate against any disabled veteran or veteran
of the
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The University agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled veterans and veterans of the
The policy stated in full may be found in the University's current Affirmative
Action Plan.
Faculty Appointment, Promotion and Tenure
Requests for faculty appointment and promotion are initiated by the departmental chair after consultation with the assembled full professors of the department and are forwarded to the dean of the college or school involved. In the non-departmentalized professional schools, appointments are initiated by the dean after consultation with the assembled full professors of the school or professional division involved.
Initial appointment to the rank of instructor is for one probationary year. The instructor may be reappointed successively for three further years. In any one of these years, he or she may be promoted to assistant professor or not reappointed. No reappointment to the rank of instructor may be made after four years' employment at that rank.
Initial appointment to the rank of assistant professor is for a probationary term of four years, after which he or she may be reappointed to a second probationary term of three years as assistant professor if not promoted to associate professor, or not reappointed.
At the end of the second term, he or she may be promoted to associate professor, reappointed assistant professor with permanent tenure, or not reappointed. Reappointment as assistant professor following the second probationary term is made only in exceptional circumstances.
Promotion to the rank of associate professor confers permanent tenure. Initial appointment to the rank is ordinarily for an initial period of five years, after which he or she may be reappointed as associate professor with permanent tenure, promoted to professor, or not reappointed. If reappointed as associate professor, a review is required not less frequently than every third year to determine his or her qualifications for promotion. Either promotion or initial appointment to the rank of professor confers permanent tenure.
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This is a simplified and abridged description of the ranks to which appointments may be made and the incidents of academic tenure applicable to each rank. The definitive statement on appointments and promotions is in Trustee Policies and Regulations Governing Academic Tenure in The University of North Carolina at Chapel Hill, Section 2, Academic Tenure. The first portion of Section 2 details the incidents of academic tenure applicable to the ranks of professor, associate professor, assistant professor, instructor and fixed-term faculty ranks: lecturer and equivalents. General provisions in the second part of Section 2 include: initiation, review, and approval of appointments, promotions, and reappointments; decisions not to reappoint upon expiration of probationary terms; failure to give timely notice; timing of permanent tenure actions; visiting faculty members; terms and conditions of appointments; appointments contingent upon availability of special funding; provisions for less than full4ime employment; joint appointments; and resignations. There are also provisions for extending the maximum probation period and extension and special assignments.
Each department has on file a formal statement of the criteria which it uses in making recommendation for appointment, reappointment, promotion and tenure.
Topics covered in the Trustee Policies are:
1. Academic Freedom
2. Academic Tenure
3. Suspension, Diminishment in Rank, and Discharge of Faculty Members
4. Nonreappointment of Faculty Members on Probationary Term Appointments
5. Retirement Policy for Members of the Faculty
6. Termination of Faculty Employment for Reasons of Financial Exigency or Program Change
7. Effectiveness
8. Review by The Board of Trustees
Faculty Suspension and Discharge
Procedures followed in the event of discharge or suspension of a faculty
member, including the hearing to which the faculty member is entitled, are
specified in Trustee Policies and Regulations Governing Academic Tenure in
The University of North Carolina at Chapel Hill.
The Faculty Hearings Committee, an elective standing committee of the faculty, conducts hearings on the request of a faculty member who has been notified that he or she is to be discharged while on permanent tenure or before the end of his or her term of appointment. On request of the faculty member, it also considers cases involving non-renewal of probationary terms.
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Appeal rights to the Board of Trustees are specified in Trustee Policies. Further appeal rights are explained in The Code and in an Appeals Policy of the Board of Governors.
Faculty Grievance Review
The Faculty Grievance Committee, an elective standing committee of the faculty, is authorized to hear, mediate, and advise with respect to the adjustment of grievances of faculty members (instructors and higher ranks; and also, in certain circumstances, non-faculty teachers). However, it considers only matters directly related to a faculty member's employment status and institutional relationships within the University.
Appeal rights following the Chancellor's decision are specified in The Code and in an Appeals Policy of the Board of Governors.
Appeals
The Board of Governors has adopted a Policy setting time limits for filing appeals under Section 501C(4) of The Code. Pursuant to that Policy, a grievant has ten days after the grievant's receipt of a decision in which he or she may file a petition for review by the next highest responsible body, namely, the President, the Board of Trustees, or the Board of Governors, as prescribed by Section 501C(4). A simple written notice of appeal is all that is required within the ten-day period. Thereafter, a detailed schedule for submission of relevant documents will be established by the Chancellor or the President, as appropriate, if such notice of appeal is received in a timely manner. There are also time limits for decisions by the President, the Board of Trustees, and the Board of Governors, as applicable. Copies of The Code and the Policy are available from your department chair, dean, or the University legal counsel.
Salaries
Faculty have a nine-month or twelve-month service period; in both cases, the salary is paid in twelve monthly installments by check dated the last day of the month. It is the responsibility of the faculty member to file properly executed withholding forms with the Payroll Office for State and Federal income tax purposes and to revise his or her withholding in keeping with changed personal circumstances. .
There is no specified, published salary scale. Each starting salary is a matter of individual negotiation involving the appointee, chairman, and dean, based upon the current salary range per rank in the department in question, national salary levels for the field and rank involved, and funds available in the University budget.
Salary adjustments normally take place annually, subject to the provision of funds by the General Assembly. Merit and across-the-board considerations may influence such adjustments. The normal procedure is for chairmen and deans to receive notice of the amount available to them for salary increases in their units and to
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make recommendations concerning its allocation to individual faculty members.
As with promotion in rank, faculty performance in teaching, research and professional activities, and University service are considered. Salary increase recommendations which are subject to review and approval by the Chancellor normally become effective on July 1, but late action by the General Assembly may delay payroll adjustments so that increases (which may be retroactive to July 1) may not be reflected in paychecks issued July 31.
Summer Session Teaching
Faculty members may teach in the UNC-CH Summer Session. Those on nine-month service appointments may earn additional income (even though salary is paid in 12 monthly installments). The maximum teaching assignment is two courses. Compensation is currently at the rate of nine percent of base pay for each three-semester hour course. Assignment is not automatic, but is based upon such factors as the scope of the departmental summer course offerings, size of budget allocated to the department by the Summer Session administration for faculty salaries, and potential enrollment in courses to be offered. Contact the Summer School or your Chair/Dean for further information.
Basic Governance Documents
Each dean and department chair has on file a "Basic Governance Documents" loose-leaf notebook that contains updated, full-text versions of the following:
The Code, Board of Governors; Delegations of Duty and Authority of Boards of Trustees; Bylaws, Board of Trustees; Trustee Policies and Regulations Governing Academic Tenure; Rules, Regulations and Policies, Division of Health Affairs; The Faculty Code of University Government; Employment Policies for EPA Non-Faculty Employees of the University of North Carolina at Chapel Hill; Access to Personnel Records; Faculty Major Disability and Maternity Leave Policy; Faculty Leave Policy; The Instrument of Student Judicial Governance; Policies and Procedures under the Family Educational Rights and Privacy Act of 1974; Sexual Harassment Policy of The University of North Carolina at Chapel Hill; Racial Harassment Policy and Procedures; Policy Statement on Sexual Orientation; Policy and Procedures on Ethics in Research and Guidelines for Coauthorship of Scholarly Publications; Conflicts of Interest Policy; Board of Governors Policy Statement on External Professional Activities of Faculty and Other Professional Staff; University Patent and Copyright Policy, Patent and Copyright Procedures, and University Copyright Guidelines; Policy on Classified Research; Policy on Illegal Drugs; Political Activities of EPA Employees: Candidacy and Office Holding - Full-Time Political Officer, General Assembly Memberships, and (For Senior Administrators) Full and Part-Time Political Officer; Political Activities of EPA Employees (Except Senior Administrators): Candidacy and Office Holding -
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Part-Time Political Officer (Other Than General Assembly Memberships); Political Activities of Employees: Holding Appointive Public Office; Policy on Use of University Facilities for Non-Commercial and Commercial Purposes; and Policies on Gifts and Solicitations. New documents will be added as issued.
Policy on External Professional Activities of Faculty and Other
Professional Staff
The Board of Governors of The University of North Carolina adopted
amendments to its Policy on External Professional Activities of Faculty and
Other Professional Staff effective
Professional Affiliations and Public Service
University employment responsibilities include both primary duties and secondary duties. Primary duties consist of assigned teaching, scholarship, and all other institutional service requirements. Secondary duties consist of professional affiliations and activities traditionally undertaken by faculty and other professional staff members outside of the immediate University employment context that redound to the benefit of the profession and to higher education in general. Such endeavors, which may or may not entail the receipt of honoraria or the reimbursement of expenses, include membership in and service to professional associations and learned societies; membership on professional review or advisory panels; presentation of lectures, papers, concerts or exhibits; participation in seminars and conferences; reviewing or editing scholarly publications and books; and service to accreditation bodies.
Such integral manifestations of one's membership in a profession are encouraged as extensions of University employment, so long as they do not conflict or interfere with the timely and effective performance of the individual's primary University duties. Such activities shall not be subject to the procedures requiring filing of "Notices of Intent" as referenced below.
External Professional Activities for Pay
The University seeks to appoint and to retain, as faculty and other professional staff members, individuals of exceptional competence in their respective fields of professional endeavor. Because of their specialized knowledge and experience, such persons have opportunities to apply their professional expertise to activities outside of their University employment, including secondary employment consisting of paid consultation with or other service to various public and private entities. Through such practical, compensated applications of their professional qualifications, University employees enhance their own capabilities in teaching and research. Thus, participation of faculty and other professional staff members in external professional activities for pay, typically in the form of consulting, is an important characteristic of academic employment that often leads to significant societal benefits, including economic development through technology
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transfer. However, such external professional activities for pay are to be undertaken only if they do not:
·create a conflict of commitment by interfering with the obligation of the individual to carry out all primary University duties in a timely and effective manner; or
·create a conflict of interest vis-a-vis the individual's status as an employee of the University; or
· involve any inappropriate use or exploitation of University resources; or
·make any use of the name of The University of North Carolina or any of its constituent institutions for any purpose other than professional identification; or
· claim, explicitly or implicitly, any University or institutional responsibility for the conduct or outcome of such activities.
Additional information regarding the Policy on External Professional Activities for Pay and copies of this document are available from your department chair, dean or the University legal counsel.
An individual who wishes to engage in external professional activity for pay
shall submit the completed form, "Notice of Intent to Engage in External
Professional Activity for Pay," to his or her department head for approval
in advance of undertaking the activity. The Notice of Intent should be
submitted not less than ten calendar days before the date of the proposed
activity is to begin. (For additional information refer to the Policy.)
Conflict of Interest
The number and complexity of relationships between universities and members of their faculties and research staffs on the one hand and private industry, the federal and state governments, and the nonprofit sector on the other hand have grown substantially in recent years. The purpose of the Policy on Conflicts of Interest and Commitment is to provide guidelines for those relationships that will help to assure the primacy of academic integrity.
Faculty and EPA Non-Faculty employees (Exempt from the State Personnel Act) are encouraged to engage in appropriate outside relationships with commercial companies, the nonprofit sector, and the federal and state governments, if the activities are consistent with the objectives of the University. Such partnerships in support of the University's threefold mission of teaching, research and service are encouraged when they produce mutual benefits to participants and society. Facilitating the transfer of technology to
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improve the health and productivity of society is an important goal of cooperative university-industry and faculty-industry relationships.
An essential part of the University's commitment to encourage the dissemination of its scholarly research activity and worthwhile technology transfer is protection of the University's integrity and its fundamental goals of education and open inquiry. To this end, faculty and EPA Non-Faculty employees are required by the Policy on Conflicts of Interest and Commitment to avoid these conflicts, and the appearance thereof, in relationships with outside organizations. The policy requires each faculty member and EPA Non-Faculty employee to disclose annually his or her financial relationships, time commitments and other relevant information associated with potential conflicts with University responsibilities.
Of particular concern is the impact on students and other trainees of activities that could potentially create conflicts of interest or commitment. Because of this concern, it is essential that all faculty and EPA Non-Faculty employees demonstrate at all times their commitment to the highest intellectual and ethical standards in all aspects of research, teaching and service, particularly where opportunities for conflict may exist. As a corollary, the training experiences of students are expected to incorporate the value of objectivity and the importance of public trust.
The term conflict of commitment relates to an individual's distribution of effort between one's University appointment and one's outside activities. The latter may include professionally related and generally encouraged activities such as involvement with professional societies, participation on review panels and external professional activities for pay. These activities often promote professional development and enrich the individual's contributions to the institution, to the profession or discipline, and to the community.
University policy states that faculty and EPA Non-Faculty employees must devote their primary professional loyalty, time and energy to their teaching, research, service, and, where applicable, patient care at the University. Accordingly, outside activities and financial interests must be arranged so as not to interfere with the primacy of these commitments.
The term conflict of interest refers to situations in which financial or other personal considerations may compromise, or have the appearance of compromising, a faculty member or EPA Non-Faculty employee's professional judgment in exercising any University duty or responsibility in the conducting or reporting of research.
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The bias that such conflicts may conceivably impart could adversely affect many University activities including decisions about personnel, equipment and supplies; advising of students; collection, analysis and interpretations of data; sharing of results; choice of protocol; and the use of statistical methods.
University policy states that faculty and EPA Non-Faculty employees must avoid conflicts of interests that have the potential to affect adversely the University's interests, to compromise objectivity in carrying out University responsibilities or otherwise to compromise the performance of University responsibilities. Accordingly, outside activities and financial interests must avoid such conflicts. Furthermore, all conflicts, real or potential, must be fully disclosed to the University.
Additional information regarding the Policy on Conflicts of Interest and Commitment and copies of this document are available from your department chair, dean, or the University legal counsel.
Sexual Harassment Policy and Procedures
This Policy and these Procedures apply to University students, agents, and employees, including faculty, EPA Non-Faculty, SPA and student employees. Information regarding this Policy is available from the Sexual Harassment Officer, the Affirmative Action Officer, Grievance Committee Chairs, the Human Resources Counseling Service, the University legal counsel, Associate Vice Chancellor for Human Resources, and from the Office of the Dean of Students.
Sexual harassment constitutes unlawful discrimination on the basis of sex. Sexual harassment violates both federal law and University policy, and will not be tolerated in the University community.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by one in an official University position or by a fellow University employee constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing, or (2) submission to or rejection of such conduct by an individual is used as the basis for an employment or academic decision affecting that individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile, or offensive environment.
Students and employees are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of sexual harassment. An employee who believes he or she has been the victim of sexual harassment must initially attempt to resolve the matter with the
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administrative official most directly concerned, excluding the person accused of sexual harassment.
Because of the sensitive nature of alleged harassment incidents, every reasonable effort should be made to resolve them on an informal basis if possible. Should any employee or student believe that he or she has been the victim of sexual harassment and should the informal procedure (if appropriate) have failed to produce a resolution satisfactory to that person, then he or she may proceed to the appropriate grievance procedure.
If a complaint is resolved informally to the satisfaction of the grievant but not to the accused, the accused may proceed to the grievance procedure to which he or she has access. Faculty members should contact the Faculty Grievance Committee.
Additional information regarding the Policy on Sexual Harassment and copies of this document are available from your department chair, dean, or the University legal counsel.
Racial Harassment Policy and Procedures
Discrimination on the basis of race is unacceptable at the University. Such behavior threatens to destroy the environment of tolerance and mutual respect that must prevail if the University is to fulfill its purpose. It is the responsibility of every employee and student in the University community to strive to create an environment free of racial harassment.
Racial harassment is contrary to the University's policy of equal opportunity, can constitute unlawful discrimination on the basis of race, and will not be tolerated by the University community. Through this Policy and these Procedures the University provides an additional means for the enforcement of its nondiscrimination policy. It applies to students, agents, and employees, including faculty, EPA Non-Faculty, staff and student employees.
Racial harassment is defined as conduct, when engaged in by one in an official University position or by a fellow University employee, that: (1) discriminates on the basis of race (a) in terms, conditions, working environment, or privileges of employment, (b) in enrollment, course assignment, grade, or opportunity for participation in any University benefit, service, or offering, or (c) in University-sponsored extracurricular activities.
Through this Policy students and employees are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of racial harassment. An employee who believes he or she has been the victim of racial harassment must seek initially to resolve the matter with the administrative official most directly concerned, excluding the person accused of racial harassment.
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Should any employee or student believe that he or she has been the victim of racial harassment and should the informal procedure (if appropriate) have failed to produce a resolution satisfactory to that person, then he or she may proceed to the applicable grievance procedure. If a complaint is resolved informally to the satisfaction of the grievant but not to the accused, the accused may proceed to the grievance procedure to which she or he has access. Faculty members should contact the Faculty Grievance Committee.
Information and assistance regarding this Policy is available from the
Affirmative Action Office, Grievance Committee Chairs, the Human Resources
Counseling Service, the Associate Vice Chancellor for
Human Resources, the Office of the Dean of Students, and from the University
legal counsel.
Policy on Persons Infected with the AIDS Virus
In 1986, The University of North Carolina issued a policy statement concerning persons infected with the AIDS virus. The Statement indicated that persons infected with the AIDS virus (whether active AIDS, AIDS-Related Complex, or sero-positive to the virus) will not be excluded from enrollment or employment, or restricted in their access to University services or facilities, unless medically-based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the individual or to the welfare of other members of the University community.
The Policy Statement also indicated that persons who know, or have reasonable basis for believing, that they are infected are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly in accordance with such knowledge, for the protection of other members of the community.
Policy on HIV-Infected Employees and Students Who Are Engaged in
University Health Care Activities
This Policy which became effective April 8, 1992, supplements the Policy on AIDS issued February 1986 and reissued in April 1991. It is the policy of The University of North Carolina at Chapel Hill to review, evaluate and respond on an individual case-by-case basis to any instances of HIV and HBV infection among University employees or students engaged in patient-care activities under the guidelines established by this policy. Requests for a full copy of this policy and questions may be directed to the Office of the Assistant to the Chancellor. An employee or student who learns, or has reason to believe that he or she is infected with HIV or HBV or is at high risk of developing HIV or HBV infection and who performs exposure-prone procedures must advise the appropriate administrative, medical, or counseling personnel as specified in the Policy.
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The person he or she informs must then contact the Chair of the Task Force on AIDS who convenes the expert panel of the Task Force on AIDS. This panel will make a recommendation to the Dean or appropriate administrator regarding any necessary modification or restriction of the employee's or student's activity.
The Dean will decide whether any modification or restriction of the employee's or student's activity is necessary. The Dean shall, within ten working days of receipt of the panel recommendations, notify the infected employee or student of his or her determination in writing, including a copy of the panel recommendations.
The University will modify, restrict, or discontinue the employment and/or academic activities of an HIV-infected individual, including dismissal from enrollment or employment if necessary, only in accordance with applicable University procedures and only if the University has determined that no reasonable accommodation exists that would enable the infected individual to perform his or her employment and/or academic activities completely without posing an unacceptable risk to patients or to himself, herself, or others.
The University shall implement a decision to modify, restrict, or discontinue the employment activities and/or academic activities of an HIV-infected or HBV-infected individual as discreetly and confidentially as possible, with as little harm as possible to the person, his or her career, and his or her standing in the community.
University personnel informed of an employee's or student's health status under the provisions of this policy should handle this information with the same degree of care and sensitivity accorded to other types of highly confidential medical information. However, because the University also has the responsibility to protect patients, employees, and students, there cannot be a guarantee of complete confidentiality that interferes with this responsibility. It is a condition of enrollment and employment that students and employees subject to this Policy agree to the disclosure of information regarding their HIV or HBV infection under the provisions outlined in the policy.
Employees or students whose practices are modified because of their HIV or HBV infection status should, whenever possible, be provided opportunities to continue appropriate patient-care activities.
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Career counseling and job retraining are encouraged, to the extent resources permit, to promote the continued use of the individual's talents, knowledge, and skills.
Policy on Illegal Drugs
As part of the University's Drug and Alcohol Abuse Prevention Program and pursuant to the direction of the Board of Governors, the Board of Trustees has adopted a Policy on Illegal Drugs.
The Policy provides that students, faculty members, administrators, and all employees of the University are responsible as citizens for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as "controlled substances" in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the University community who violates that law may be subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University.
Copies of the full text of the Policy are available in the offices of Deans, Directors and Department Heads, at the Office of Human Resources, and from the University legal counsel.
Policy on Smoking
On October 7, 1993, the Orange County Board of Health adopted Smoking Control Rules that, effective October 14, 1993, prohibited smoking in (among other places) higher education, employment, and sports facilities. On October 14, 1993, the Chancellor announced that the University campus will comply with these new Smoking Control Rules of the Orange County Board of Health and that smoking is prohibited in University facilities, except dormitory rooms.
Use of University Facilities
The use and scheduling of University facilities by a University employee for purposes other than those directly associated with normal employment duties (for example, the use of rooms for a national conference as opposed to use for a departmental meeting) are regulated by the University's Facilities Use Policy, a copy of which can be obtained from the office of the department chair in the "Basic Governance Documents" notebook. Also regulated in the Policy are the use of University facilities by non-University groups and the use of such facilities for commercial purposes. Any questions should be directed to the University legal counsel.
Personnel Files
North Carolina statutes require that the University (and other State agencies) maintain on each employee a public record of certain information (age and current salary, for example). Such records for faculty and EPA Non-Faculty employees are maintained in the
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Benefits Department, Office of Human Resources, and are open to inspection by any person, subject only to conditions specified in the statutes.
In contrast to these public records, employee personnel files, wherever located and in whatever form, are confidential and are not open for inspection except to those persons (including the employee) authorized by the statute. Any request for inspection should be made to the University legal counsel located in South Building.
Policy on Violation of Ethics in Research
Each member of the University community has a personal responsibility for implementing the University's Policy on Ethics in Research in relation to any scholarly work with which he or she is associated and for helping his or her associates in continuing efforts to avoid any activity which might be considered in violation of this policy. The Policy specifies procedures to be followed by anyone having reason to believe that a member of the faculty or staff has falsified research data or results, plagiarized another's work, or otherwise misrepresented the results of activities associated with research.
Copies of the policy are available from the Assistant to the Chancellor and in the "Basic Governance Documents" notebook that is available in the office of each dean, the department chair, and from the University legal counsel.
Patent and Copyright Policies
On June 10, 1983, the Board of Governors approved revised patent and copyright policies, and the UNC-CH Board of Trustees approved patent and copyright procedures implementing the revised policies on the Chapel Hill campus. Full-text versions of both documents are on file in the "Basic Governance Documents" notebook that is available in the office of each dean, department chair, and the University legal counsel.
Policy on Political Candidacy and Office Holding
Policies adopted by the Board of Governors establish processes for resolving, in advance, questions about possible conflicts between a University employee's satisfactory performance of employment responsibilities and his or her involvement in political candidacy and office holding. All University employees except those subject to the State Personnel Act are covered by the policies.
An employee who intends to become a candidate for election or appointment to or to hold any public office is responsible for knowing the terms of and complying with the requirements of the Board policies. A copy of the full text of the Board policies may be obtained from the University legal counsel in 103 South Building.
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Failure to comply with the policies is a violation of the terms and conditions of University employment and may result in disciplinary action. The following is a summary of the basic provisions of the Board policies. The full text of the policies should be consulted by an affected employee. Advice concerning the interpretation and application of the policies may be obtained from the University legal counsel.
Candidacy for Election to Public Office
Becoming a candidate for election to a full4ime or major part4ime office is presumed to create a conflict of time that interferes with the employee's satisfactory performance of University employment obligations. The conflict may be avoided by (1) resigning from University employment, (2) seeking an appropriate unpaid leave of absence from University employment, or (3) rebutting the presumption of conflict by demonstrating that there in fact will be no conflict between campaign activity and University employment. An employee who intends to become a candidate must follow prescribed procedures for resolving questions about conflicts in advance of becoming a candidate and on a schedule prescribed by the Board of Governors.
Holding Public Office
Upon assuming an elective or appointive full-time office, a University employee will be deemed to have resigned his or her University employment, unless prior to assuming office he or she requests and is granted a full leave of absence without pay. Such a leave of absence may not exceed two years.
Upon assuming an elective or appointive major part-time office, a University employee will be presumed to have a conflict of time that necessitates his or her resignation from University employment; the resignation requirement may be avoided if (1) the employee requests and is granted, prior to assuming office on a schedule approved by the Board of Governors, an appropriate leave of absence or (2) the employee, prior to assuming office on a schedule approved by the Board of Governors, rebuts the presumption of conflict by demonstrating that there is in fact no conflict between office holding and University employment. An employee who intends to occupy such an office must follow prescribed procedures for resolving questions about conflicts in advance of assuming the office.
Some of the public offices held by University employees fall into the category of "part-time offices for which compensation is only nominal" (e.g., membership on some city councils, school boards and county commissioner boards). With respect to both candidacy for and holding of such offices, the Board of Governors' policy presumes that there is no interference with the satisfactory performance of University employment; thus, in the absence of a
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contrary demonstration by responsible administrative officials, and only by the Board of Governors or Board of Trustees, a University employee may be given permission to run for or hold such an office concurrent with his or her employment by the University.
However, an employee who believes that the office which he or she wishes to hold is of this type is required, before filing as a candidate with his or her immediate supervisor, to file a written statement, on a schedule prescribed by the Board of Governors, concerning the compensation to which the holder of such an office is entitled; that information is essential to a reliable determination of the exempt status of the office in question.
Questions regarding this area of concern should be directed to the department head. Additional information about the Policy and copies of the Policy are available from the University legal counsel.