D. CONDITIONS OF SERVICE CONTINUED

From the time a person is initially employed by Andrews University on a part-time or full-time basis, the university keeps a personnel file on him/her. The personnel file shall contain at least a record of the employee’s employment with the university, promotion, transfer, additional compensation, and disciplinary action.

The Director of Human Resources coordinates the maintenance of the personnel files. The Director is also responsible for responding to personnel record requests or inquiries.

Specific files relating to a faculty member’s professional qualifications, achievements, academic assignments, promotion and tenure are maintained in the Office of the Provost.

Personnel files of current and past employees are kept, archived or destroyed by the university according to its official records retention program. (see Appendix 2-E).

In harmony with the Bullard-Plawecki Employee Right to Know Act, (Public Acts of 1978, No. 397, as revised), former and current employees of Andrews University may periodically (no more than twice a year) review their personnel files for purposes of identification, employment, promotion, transfer, additional compensation and disciplinary action. Application for access to all personnel files is made to the Director of the Andrews University Human Resources who shall authorize and arrange for the requested inspection. If an employee disagrees with a written statement in his/her file, he or she may write a statement of rebuttal which will be added to the file.

Under the provisions of the Bullard-Plawecki Employee Right to Know Act, the Personnel Record available for inspection by the employee must include all information likely to be used with regard to that employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action. The Personnel File need NOT include:

1. Employee references, or notes of a telephone reference, if the identity of persons making the reference would be disclosed.
2. Material relating to staff planning where such planning relates to more than one employee such as salary increases, bonus plans, promotions and job assignments.
3. Medical reports or records if the employee also has access to the records.
4. Personal information about another person if disclosure invades the other person’s privacy, such as information pertaining to another employee’s disciplinary reprimands, performance appraisals and salary.
5. Information in a separate file relating to a criminal investigation of an employee’s activity, which may have resulted in the loss or damage to the university’s property or disruption of the university’s business operations.
6. Information in a separate file relating to grievance investigations and not used in employment decisions.
7. Records kept in the sole possession of an executive, administrative or professional employee who is also the maker of the records and not accessible or shared with other persons. However, such records may become part of a personnel file if entered into the file within six (6) months after the date of occurrence or the date the fact becomes known, whichever is later. Such material added belatedly may not be used to the detriment of an employee unless an employee is first given a reasonable time to review the information.
8. Records directly related to a student and deemed to be an education record. See policies #2:151:2:1, 2, and 3 above.

The Personnel File of an employee may not include information about an employee’s associations, political activities, publications or communications not related to the employee’s employment, unless:

1. the employee authorizes the employer to keep such records, or
2. the activities occur on the employer’s premises or during working hours and
3. they interfere with the employee’s duties. In the latter case the record kept shall be part of the Personnel File.

If an employee who reviews his/her personnel file disagrees with the material in the file, or the absence of some relevant material, he/she may add a statement of rebuttal.

Under the provisions of the Bullard-Plawecki Right to Know Act, the university allows an employee access to his/her personnel record under the following conditions:

1. The employee must submit a written request to the Director of Andrews University Human Resources.
2. The review must take place during normal office hours, unless these hours conflict with the employee’s scheduled work hours, in which case, the university may designate another time.
3. The review must take place at or reasonably near the employee’s place of employment. Under exceptional circumstances, the university may mail the employee a copy of his/her personnel record upon the employee’s written request addressed to the responsible university officer (see #1 of this list above).
4. The employee shall have the right to a copy of his personnel records, at his/her own expense and by prior payment arrangements with the Andrews University Office of Human Resources.

Except for medical records, disciplinary reports, letters of reprimand or other records of disciplinary action, Andrews University Human Resources may, after review, disclose statistical non-evaluative information from an employee’s personnel records to third parties without authorization from the employee and without notice to the employee after disclosure, but with a written record in the relevant file identifying those persons who have sought such information.

After review by University Counsel, disciplinary reports, letters of reprimand, and other records concerning disciplinary action will be disclosed by Andrews University to a third party without notice to the employee in cases where:

1. the employee has expressly waived such notice as part of a written employment application with another employer.
2. disclosure of personnel information has been ordered pursuant to a legal action or arbitration to be made to a party in the action or arbitration.
3. personnel information has been requested by a government agency as a result of a complaint made by an employee.

Disciplinary reports, letters of reprimand and other disciplinary action over four (4) years old will not be divulged to third parties by Andrews University unless the disclosure is ordered pursuant to a legal action or arbitration.

Andrews University is committed to an environment of learning that supports the fullest possible human development. To achieve this goal, the university holds that a drug-free lifestyle is essential and maintains policies that seek an alcohol-, tobacco-, and drug-free campus environment. See policy statements in the student handbook (http://www.andrews.edu/services/studentlife/handbook/).

Andrews University intends to maintain a drug-free workplace in harmony with the laws of the land. The unlawful manufacture, distribution, dispensing, or use of controlled substances by its employees, whether faculty, staff, or students, is prohibited. Andrews so certifies as an institution to the federal government in its external funding contracts and grants. Further, the university expects any person employed by the university who receives federal or state funding as an individual to certify that he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while associated with the university.

The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is grounds for a full range of discipline up to and including dismissal from employment under the policy of termination of a faculty member for unfitness in a professional capacity (see policy #2:175:3).

The use of alcohol, tobacco, or any prescription drug without evidence of proper medical prescription, is cause for review of the employment appointment.

The university also believes that it has a responsibility to offer and provide assistance to employees who are chemically addicted and wish to live a drug-free life. To discharge its responsibility it has instituted an Employee Assistance Program which provides a substance abuse counselor qualified to do assessments, individual counseling, and to make referrals for more in-depth therapy and rehabilitation on an outpatient or inpatient basis to approved/licensed programs. The University also encourages or provides access to support networks which can assist the employee in maintaining sobriety following therapy.

An employee who believes he or she is having a problem with tobacco, alcohol or the illegal use of drugs is encouraged to voluntarily seek the available assistance. Appointments with a counselor may be arranged individually or through the university’s Director of Employee Health Promotion/Health Plus. Employees who show evidence of the use of tobacco, alcohol or illegal drugs, may be referred for counseling as a condition of continued employment.

Each employee is provided the full text of the university’s Drug-Free Workplace Policy and Procedures, which is incorporated by reference as a part of this Employee Handbook. Additional copies are available from Human Resources.

Civic-minded faculty members, administrators, or professional salaried personnel may choose to run for election or accept an appointment to a public office. However, if such actions are anticipated an agreement must be made in advance with the department chair, academic dean, and /or appropriate vice president concerning released time to carry out the duties of the office. Ordinarily, an employee may seek a part-time county or local level public office and perform duties of such office if elected or appointed while engaged in full-time work at the university. Such offices include that of county commissioner or a member of a township or village governing board.

When announcing a campaign for a state or national office by election, employees must take a leave of absence without pay since such an effort requires more time than a full-time employee could give to such an endeavor while employed at the university.

If elected or appointed to a full-time state or national office, the employee will be granted a leave of absence without pay. His or her university position will be safeguarded if the university program is not adversely affected.

Andrews University strives to maintain a workplace free of unlawful discrimination or harassment because it wants its employees to enjoy a work environment which is conducive to achieving the highest levels of productivity and performance. The policy of Andrews University prohibits unlawful discrimination against an employee on the basis of race, color, sex, national origin, age, disability, or any other legally protected status under Michigan or federal law.

Andrews University wants its employees to enjoy a work environment free of harassing conduct or conduct which, if not curtailed, has the potential of creating a hostile, intimidating or offensive working environment. As a result, it is against the policy of Andrews University for any employee, supervisor, manager, or independent contractor to harass another on the basis of race, color, sex, national origin, age, disability or any other legally protected status under Michigan or federal law. Employees are encouraged to report incidents of harassment before they become severe or pervasive in order that Andrews University may address the conduct immediately.

Prohibited conduct includes sexual harassment and other unlawful harassment as set forth below:

Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors and other unwelcome verbal, visual or physical conduct of a sexual nature occurs, and

1. Negative employment action, such as tangible action constituting a significant change in employment status, is taken against an employee because he or she refused to respond to unwelcome conduct of a sexual nature, or
2. Submission to the unwelcome conduct is made, either explicitly or implicitly, a term or condition of employment, or
3. Such conduct is so severe and pervasive that it creates a hostile, intimidating or offensive work environment or unreasonably interferes with an employee’s work performance.

Depending on the circumstances, sexual harassment may include the following examples: unwelcome sexually oriented statements, sexual advances or sexual flirtations; unwelcome physical touching of a sexual or abusive nature; requests for sexual favors; verbal abuse of a sexual nature including subtle and not so subtle innuendo; unwelcome sexually suggestive remarks, jokes and gestures; graphic verbal commentaries about an individual’s body; sexually degrading words used to describe an individual, including sexual nicknames; and display in the work place of sexually suggestive objects, pictures, or cartoons.

Unlawful harassment may also consist of verbal, visual or physical workplace conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, gender, national origin, disability or any other protected status under Michigan or federal law, and is so severe or pervasive that it creates an intimidating or offensive work environment or unreasonably interferes with an individual’s work performance.

Depending on the circumstances, prohibited harassment may include the following examples: epithets, slurs, insults, negative stereotyping, disparaging remarks, written or printed material of a disparaging nature and offensive jokes or tricks based upon a protected status.

Unlawful discrimination and harassment violates Andrews University’s policy and the Christian values upheld by the university. For these reasons, it is expressly prohibited. Andrews University will communicate its policy against harassment and discrimination to employees by posting the policy in appropriate places throughout the workplace and informing employees of their right to report, in good faith, of any perceived harassment or discrimination without fear of retaliation.

Any employee who feels he or she has been harassed or discriminated against at work should immediately report the incident to one of the following: (a) his or her Supervisor, (b) a Department Director, (c) the Human Resource Director or Associate Director, (d) the Sexual Harassment Compliance Officer or Affirmative Action Officer, or (e) any other member of university management with whom he or she feels most comfortable approaching. If comfortable doing so, the employee should tell the person engaging in the inappropriate behavior that the conduct is offensive and should be immediately stopped. Any supervisor or member of management receiving a complaint of harassment or discrimination should immediately report it to the Human Resources Director or Associate Director.

Andrews University believes that it is every employee’s obligation to report complaints or incidents of possible discrimination or harassment. No employee will be retaliated against by Andrews University who, in good faith, complains under this policy or participates in an internal investigation.

A complaint of discrimination will be impartially investigated in as confidential a manner as possible.

Generally, within seven working days of a complaint, an appropriate officer (as determined by Andrews University) will review the matter and determine the scope and nature of the investigation. The duration and extensiveness of the investigation will vary depending upon the allegations. All those participating in the investigation will be notified of the university’s commitment to investigate as confidentially as possible, and of its policy against retaliation. Upon conclusion of the investigation, and after consultation with the President, Andrews University will take whatever appropriate remedial or corrective it deems necessary to stop any discriminatory or harassing behavior, up to and including termination of employment.

There may be a formal or informal investigation. If a formal investigation is undertaken, the Human Resources Director will keep the complainant and involved parties informed generally of the expected time frame and actions, if any, taken by the university.

Any employee who believes that he or she or any other employee has been the subject of sexual or other unlawful harassment as defined in this policy by a non-employee, such a client, vendor or visitor, during work time or in relation to the employee’s work, should immediately report the incidents by following the procedure set forth above. An investigation of the complaint will be undertaken as stated above. If Andrews University concludes that a non-employee has sexually or otherwise unlawfully harassed any employee during work time or in relation to the employee’s work, immediate and appropriate action will be taken.